You are invited to attend the next Extraordinary Meeting of Council:

 

Date:

Monday, 16 December 2019

Time:

06.30pm

Location:

Council Chamber

62-64 Menangle Street

Picton NSW 2571

 

AGENDA

 

 

Extraordinary Council Meeting

 

16 December 2019

 

To deal with the business of the Ordinary and

Extraordinary meetings of 9 December 2019

Ben Taylor - signature

Ben Taylor

Chief Executive Officer

 


Extraordinary Council Meeting Agenda

16 December 2019

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

Order Of Business

1          Opening. 5

2          Recording of the Meeting. 5

3          Webcast Notice. 5

4          National Anthem.. 5

5          Acknowledgement of Country. 5

6          Apologies and Leave of Absence Requests. 5

7          Declaration of Interest 5

8          Confirmation of Minutes. 5

9          Items to be Tabled. 5

10       Mayoral Minute. 6

10.1          Mayoral Minute. 6

10.2          Mayoral Minute - Koala Hospital in Wollondilly. 7

11       Sustainable and Balanced Growth. 8

11.1          Panel Members for Sydney Western City Planning Panel 8

11.2          LEP Review Program Stage 1 Draft Planning Proposal 10

11.3          Exhibition of Draft Wollondilly Contributions Plan. 20

11.4          Financial Implications of servicing Wilton Growth Area. 28

11.5          Wilton Health and Wellbeing Strategy. 35

11.6          11 Westminster Place Razorback - WITHDRAWN.. 37

11.7          Draft Planning Agreement - 65 Tahmoor Road Tahmoor 38

11.8          Draft Planning Agreement - 1550 Burragorang Road Oakdale. 40

12       Management and Provision of Infrastructure. 42

12.1          Review of Council's Road Renewal Asset Management Strategy. 42

12.2          Increase to Major Works Program 2019/20 - The Community, Cultural and Civic Precinct 45

12.3          Request for Development Application Fee Waiver for a Rural Fire Service Ancillary Facility. 47

13       Caring for the Environment 49

13.1          Draft Stonequarry Creek Floodplain Risk Management Study & Plan - Public Exhibition  49

13.2          Macarthur Centre of Sustainable Living. 53

13.3          Agricultural Enterprise Credit Scheme. 55

13.4          Feasibility of Weekly Kerbside Garden Organics & Recycling Collections. 61

14       Looking after the Community. 64

14.1          Revision of Social Media Policy - CP0032. 64

15       Efficient and Effective Council 65

15.1          Ordinary Council Meeting and Community Forum Dates – 2020. 65

15.2          Review of Gifts and Benefits Policy. 67

15.3          Councillor Attendance and Expenses Reporting. 68

15.4          Audit Risk & Improvement Committee Annual Report 74

15.5          Annual Report - Code of Conduct Complaints. 81

15.6          Investment of Funds as at 31 October 2019. 83

15.7          Local Government Remuneration Tribunal 2020 Annual Determination. 86

16       Closed Reports. 87

16.1          Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle. 87

16.2          Picton Town Centre Transport Plan 2026 - Proposed Signalisation of Menangle/Prince Streets Intersection. 87

16.3          Sale of Land for Unpaid Rates. 87

16.4          Quarterly Legal Status. 87

16.5          Notice of Motion - Sydney Western City Planning Panel 87

 


1            Opening

2            Recording of the Meeting

In accordance with Council’s Code of Meeting Practice the electronic recording of the Council Meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3            Webcast Notice

Members of the public are advised that open sessions of this meeting are webcast live for public viewing on Council’s website. Audio and video footage taken is of the Chambers only; your image and voice will not be recorded if you remain quietly within the public gallery.

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

9            Items to be Tabled


Extraordinary Council Meeting Agenda

16 December 2019

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           10619#964

 

REPORT

I would like to start tonight by expressing appreciation and a huge thank you to be noted for all our firefighters and emergency services personnel who have had an extremely challenging time this past week.  These firefighters from Brigades around the Shire, as well as our Rural Fire Service men and women, have all worked tirelessly in catastrophic conditions to keep communities and residents safe.  Our local community has suffered and continues to experience distress as fires move closer to many of our towns and villages.  Without the huge efforts of our Firefighters the outcomes would be impossible to comprehend.

Everyday firefighters put their lives on the line to save people and properties, and many are men and women who volunteer. Some are your husbands, wives, children or neighbours and I am sure everyone is truly aware of the significant impact they have on our communities.

To our firefighters I cannot find the words to thank you enough for what you do. When we experience the extreme conditions which we have been experiencing, you go above and beyond to keep us safe.

You are our heroes and we will never forget what you do for us.  To all of you, many of whom we do not know and may never meet, from the very bottom of our hearts, THANK YOU!!!

To help support the local recovery, Council has activated our Mayoral Relief Fund to assist residents who are impacted by fire or natural disaster in the Wollondilly Shire.  We acknowledge that this will be a long fire season and we want to support those who need our help during these stressful times.

Donations can be made in person at Council’s Administration Building, your local NAB Branch or online using your personal banking system. Details are on the Council website.

Tonight I would also like to convey my best wishes to Roma Dickins, who is moving on from the Editors role at the Macarthur Advertiser.  Roma has been a valued, passionate and has been extremely committed to all things Wollondilly as well as the broader Macarthur Region.  I have personally passed on to Roma on behalf of all Councillors that she will certainly be missed.

It is a sad day for local media and I wish her all the best for her future.

This Mayoral Minute provides an update on key events attended by the Mayor and Councillors over the past month together with applications for sponsorships or donations (Attachment 1).

Attachments

1.       Mayoral Minute December 2019   

Recommendation

That Council:

1.       Express our appreciation to our outstanding firefighters and emergency services and thank them for all of their efforts to protect our community.

2.       Note the activation of the Mayoral Relief Fund to assist our residents in need.

3.       Express best wishes to Roma Dickins leaving the Macarthur Advertiser.

4.       Note the update on key events attended by the Mayor or Councillors over the past month as outlined in Attachment 1.

5.       Approve the sponsorship and donation requests detailed in Attachment 1.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

10.2       Mayoral Minute - Koala Hospital in Wollondilly

File Number:           10619-2#7

 

The bushfires state wide have had significant impact on lives, property and health. These fires have also highlighted the devastating impact to biodiversity and the environment throughout the state. The many koala deaths and the devastation of their habitat up north during the recent bushfires have highlighted again the need to be ready to look after our precious koala population. Apart from the bushfire threat, our koalas are already at risk from development, roads and disease. We need to make sure processes are in place to ensure the survival of this iconic species.

Our Council has been leading the charge for some time to #SaveOurKoalas, the last chlamydia-free koala populations, with our campaign achieving a number of significant outcomes so far. For example we manage the Koala phone hotline, advocated strongly as part of the Public Hearing for the Legislative Council Inquiry regarding koalas, are developing a comprehensive Shire Wide Koala Plan of Management and are finalising the Allen’s Creek Koala Plan of Management, and it is great to see a WIRES Koala Rehabilitation Shelter at Appin will shortly be launched with the full support of Council. We also continue to work with relevant Government Agencies to achieve controls that will protect koala habitat and corridors from development and planning proposals. Statistics collected showed that there has been over a 60% reduction in road strikes resulting in koala deaths and four injured at Wilton Road Wilton since the implementation of the Koala fencing (based on 2017 to 2019 bionet numbers). This is a staggering difference compared to Appin Road which has had 41 injured koala for the same period.

I commend all of our former Mayors and current and former councillors for the leadership they have shown on this vital issue.

I believe the establishment of a hospital would add a vital component in the overall strategy to protect the koala colony and ensure its longevity and propose that we publicly call on the NSW Government to work with us on the establishment of a koala hospital in the Wollondilly Shire. This would further protect the unique local koala population in the event of bushfires or other natural disasters. There has also been discussion regarding the future establishment of the Upper Georges River National Park (Georges River/Cataract and Nepean River Corridor) to protect our koala population, an ideal location for such hospital, and I believe we should publicly throw our support behind this great initiative.

 

Attachments

Nil

Recommendation

That Council:

·        Call on the NSW Government to work with us on the establishment of a koala hospital in the Wollondilly Shire

·        Strongly support the establishment of the Upper Georges River National Park (Georges River/Cataract and Nepean River Corridor) to protect our koala population, which would be an ideal location for such hospital.

 

 

  


Extraordinary Council Meeting Agenda

16 December 2019

 

11          Sustainable and Balanced Growth

11.1       Panel Members for Sydney Western City Planning Panel

File Number:           10619#952

 

Executive Summary

·        The purpose of this report is to recommend Council appoint five appropriately qualified and experienced consultants and community representatives to the Sydney Western City Planning Panel (SWCPP) as alternative Panel Members in the event a Councillor is unavailable.

·        It is recommended that the following five applicants be appointed:

o   Charles Hill

o   John McFadden

o   Momo Romic

o   Rachel Harrison

o   Vincent Hardy

Report

At the August 2019 Council meeting, it was resolved as follows:

That Council:

1.       Disendorse all previous nominated panel members and alternative panel members          once their existing considerations have concluded.

2.       Nominates the Mayor as its panel member 1 of 2.

3.       Nominates the Deputy Mayor as its panel member 2 of 2.

4.       Ensures all Councillors be listed as alternative members.

5.       Delegates to the Chief Executive Officer the authority to nominate an alternative Panel Member for Panel members 1 & 2 as may be required from time to time.

6.       Establishes a panel of appropriately qualified and experienced consultants and community representatives capable of being nominated as an alternative Panel Member by the Chief Executive Officer and endorsed by Council. This should include a disbursements schedule for community representatives. The consultants or community member be the fall back option in the event a Councillor is unavailable.

Expression of Interest process

The Expression of Interest (EOI) was advertised in newspapers and on line as follows:

·    Wollondilly, Macarthur & Camden Advertisers – 16 October 2019

·    Sydney Morning Herald – 15 October and 22 October

·    Planning Institute of Australia (bulletin was sent out 16 October)

 

15 responses were received.  The selection panel, consisting of the Director Planning, Manager Development Services and Executive Planner Growth Areas, considered the applications against the selection criteria and identified the top five highest rated applicants. The recommended applicants are all qualified industry professionals, with relevant public and private sector experience including with local government, and with a sound understanding of the planning framework for South West Sydney.  Additionally, they demonstrated a good understanding of NSW planning panels.

 

 

 

The applicants recommended for appointment are:

 

o   Charles Hill,

o   John McFadden,

o   Momo Romic,

o   Rachel Harrison, and

o   Vincent Hardy.

Consultation

Officers consulted with the Planning Institute of Australia on advertising the EOI.

Financial Implications

If an external consultant is nominated as a Planning Panel member, it is estimated that there would be a cost in the order of $5,000 per panel meeting to cover the panel member’s meeting preparation and review, as well as meeting attendance and travel costs. An existing budget is available. Any additional budget requirements would be referred to a future budget review.

Attachments

Nil

Recommendation

That Council:

1.       Appoints the following five applicants to the Sydney Western City Planning Panel (SWCPP) as alternative Council representatives in the event a Councillor is unavailable:

a)   Charles Hill,

b)   John McFadden,

c)   Momo Romic,

d)   Rachel Harrison, and

e)   Vincent Hardy.

2.       Notifies the unsuccessful applicants and thanks them for their interest.

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.2       LEP Review Program Stage 1 Draft Planning Proposal

File Number:           10619#951

 

 

Applicant:                             Wollondilly Shire Council

Owner:                                  Various

Proposal:                              Draft Planning Proposal to amend Wollondilly Local Environmental Plan 2011

Current Zoning:                   Various

Proposed Zoning:                Various

Address:                               Shire Wide & various land as identified

Lot and DP:                           Shire Wide & various land as identified

Executive Summary

·        The purpose of this report is to seek Council support for the LEP Review Program Stage 1 Draft Planning Proposal.

·        The proposal seeks a range of updates to the Wollondilly Local Environmental Plan 2011 which have been identified through the LEP Review Program and give effect to the Western City District Plan.

·        The draft Planning Proposal was reported to the Wollondilly Local Planning Panel (the Panel) for its advice on 28 November 2019. The minutes will be tabled to Council prior to the meeting.

·        It is recommended that Council:

o   Notes the advice of the Wollondilly Local Planning Panel;

o   Supports the LEP Review Program Stage 1 Planning Proposal which seeks a range of updates to Wollondilly Local Environmental Plan 2011;

o   Forwards the planning proposal to the Minister for Planning and Public Spaces for a Gateway determination;

o   Agrees that some component(s) may be removed if they cannot be delivered in the timeframe available to finalise the planning proposal under the Accelerated LEP Review Program Funding Agreement, and

o   Subject to receiving a Gateway determination from the Department of Planning, Industry and Environment, publically exhibits the draft planning proposal in accordance with the requirements of the Gateway determination any minor changes required.

Report

Background

In response to a number of planning related announcements and legislative changes introduced by the NSW Government, Wollondilly along with other Councils within the Greater Sydney Region is required to undertake a review of their local environmental plans (LEPs).

 

The purpose of the LEP Review Program is to update the Wollondilly Local Environmental Plan 2011 (WLEP 2011) to give effect to the Western City District Plan through upfront strategic planning.

 

 

 

The LEP Review Program will be undertaken over six phases and will include seven main project deliverables:

 

1.       Submission of LEP Review Report (completed in November 2018);

2.       Submission of Project Plan (completed in January 2019);

3.       Submission of draft Local Strategic Planning Statement (completed September 2019);

4.       Completion of Local Housing Strategy and specialist reports;

5.       Submission of final Local Strategic Planning Statement (LSPS);

6.       Submission of Planning Proposal to the Department for a Gateway determination; and

7.       Submission of draft LEP to Department of Planning, Industry and Environment to make the plan.

This report relates to project deliverable 6.

Wollondilly is one of 13 priority Councils selected on the basis of their opportunity to bring forward housing supply and housing diversity by updating local environmental plans to reflect District Plans. The priority Councils include high growth Councils in the new Western Sydney City Deal.

As a priority Council, Wollondilly was offered and has signed a funding agreement with the NSW Government to receive up to $2.5 million to fund this review in an accelerated timeframe. As part of this agreement the LEP Review (as per the deliverables noted above) is to be completed by 30 June 2020.

This report relates to an initial draft planning proposal to satisfy the requirements of the funding agreement. This requires the submission of a planning proposal to the NSW Government for Gateway determination, and the submission of a planning proposal to the Secretary to arrange for the drafting of the updated LEP by 30 June 2020.

This tight timeframe directs the scope and content of this initial draft planning proposal and has meant that only limited amendments can be considered in the short term. However, the broader alignment of the WLEP 2011with the Western City District Plan is envisaged to be delivered in stages through a number of planning proposals. These are summarised below:

District Plan/Draft LSPS Theme

POTENTIAL PLANNING PROPOSAL(S)

To be delivered through one or more planning proposals

Infrastructure & Collaboration

·     Protect additional corridors required for the long-term strategic transport needs of Greater Sydney

·     Protect land required for strategic transport needs of Wollondilly associated with Picton, Tahmoor, Silverdale and Warragamba. This is subject to the outcomes of the precinct transport studies currently underway.

·     Transition PDF LEP maps to digital maps.

Liveability

·    Implement the relevant outcomes of the following project currently underway;

-      Local Housing Strategy

-      Centres Study

·    Resolve outstanding landowner-led planning proposals

·    Provisions to recognise and require consideration of local character

·    Further amendments to embed health provisions

·    Safeguard the future of Yerranderie

·    Greater protection of heritage

Productivity

·    Implement the relevant outcomes of the;

-      Employment Lands Study

·    Rezone Land at Maldon for employment

·    Amendments to open up the visitor economy

·    Opportunities to encourage business across rural and residential zones where it can blend with existing character

Sustainability

·    Implementing the relevant outcomes of the following projects currently underway;

-      Scenic and cultural lands study

-      Rural Lands Strategy

-      Urban Tree Canopy Strategy

-      Biodiversity Strategy

-      Integrated Water Management Strategy

·    Embed considerations for climate change

·    Supporting native vegetation retention

·    Introducing buffers, for agricultural activities and key industries.

Housekeeping

·    Removing anomalies with other planning instruments such as State Environmental Planning Policies

 

Only this planning proposal (formally referred to as Planning Proposal - LEP Review Program Stage 1) is required to be delivered within the funding agreement timeframe up to 30 June 2020. Later stages will be initiated and progressed once the necessary resources, supporting material and information are available.

Amendments to the WLEP 2011 as part of the LEP Review Program will principally be directed and informed by work to date on the LEP Review Program and in particular Wollondilly 2040 draft Local Strategic Planning Statement (draft LSPS). Wollondilly 2040 was publicly exhibited from 30 September 2019 until 1 November 2019. Stakeholder feedback received during the exhibition period is currently being reviewed.

At the time this report was prepared the draft LSPS public exhibition period was still underway and this draft planning proposal has only benefitted from early feedback. However, the amendments identified for the Stage 1 draft planning proposal are considered necessary and it is considered that the outcome of the exhibition period would not result in the removal of any of the proposed amendments.

The draft planning proposal also includes a number of housekeeping amendments.

Description of Planning Proposal

LEP Review Program Stage 1 is a Council initiated planning proposal and proposes a range of amendments to Wollondilly Local Environmental Plan 2011.  It has the following objectives or intended outcomes:

 

·    give effect to the Western City District Plan;

·    enhance the health and wellbeing of communities;

·    attract investment and grow local jobs;

·    ensure potential impacts to koala corridors are minimised, and

·    housekeeping amendments to ensure the local environmental plan reflects changes on the ground or updates to legislation

 

The draft planning proposal is a shire wide planning proposal. Individual components apply to either individual nominated land parcels, land within nominated land use zones or nominated areas.

 

17 amendments are sought and are summarised in the table below. A more detailed summary of the proposed amendments is provided at Attachment 1. The draft planning proposal document is provided at Attachment 2.

 

 

Intended outcome

Description of change

1

Embed the consideration of health in the assessment of development

Include a reference to ‘health’ within the Aims of the plan and relevant land use zone objectives.

2

Enhance opportunities for outdoor dining.

Introduce exempt development criteria for outdoor dining associated with a food and drink premises.

3

Increase opportunities for events.

Introduce exempt development criteria for events which have a low or minimal impact.

4

Recognising the role and function of the Metropolitan Rural Area within the LEP

Include a new local provision and associated map to protect and enhance the environmental, social and economic values in rural areas.

5

Protect operations of the Western Sydney Airport

Include a new local provision to ensure that development of land in the flight paths of the proposed airport does not hinder or have any adverse impact on the development or operation of the proposed airport.

6

Protect corridors required for the long-term strategic transport needs of Greater Sydney

Amend clause 5.1A and associated map and rezone land to limit development on land required for the Maldon Dombarton rail link.

7

Protect land required to provide essential services to support existing and future populations

Rezone relevant Sydney Water land (32 parcels) to SP2 - Infrastructure

8

Enable destination weddings, functions and business conferencing in rural locations.

Make “Function centres” permissible within rural and some environmental protection zones and include an associated local provision to enable function centres at an appropriate scale.

9

Protect known koala corridors

Introduction of a local provision and associated mapping to protect high quality koala habitat while also identifying relevant areas as “sensitive land” on the Natural Resources – Biodiversity Map.

 

10

Remove unnecessary barriers to local residents accessing cheaper and fast-track assessment of new development on their land (i.e. access to exempt and complying development provisions under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008)

Updating the Natural Resources – Biodiversity Map by removing land (75 parcels) that is no longer considered “sensitive land” where it has been legally cleared.

11

Enable advertising signage on sports fields

Introduce exempt development criteria for advertising on RE1 land.

12

Strengthen provisions relating to the subdivision of land within Original holdings

Amend clause 4.1B to provide more specific direction that the density standard applies to all land within the original holding and not just land within a development application.

13

Ensure that relevant land is reserved for certain public purposes.

Update the Land Reservation Acquisition Map to remove land no longer required for public purposes.

 

14

Ensure that the Wollondilly LEP benefits from the most up-to-date model provisions and development terms within the Standard Instrument.

Part 1;

Amend the Land Use Table to broaden the scope of permissibility beyond the mandatory land use zones for the following development types which have been added or amended since WLEP 2011 was originally adopted:

 

·        Timber yard

·        Artisan Food and Drink Industry

·        Bee Keeping

·        Eco-Tourist Facility

·        Markets

 

Part 2;

Introduce new mandatory local provision which accompanies the introduction of Eco-Tourist Facility definition.

15

Enabling more diverse tourist accommodation

Amend the Land Use Table so that Caravan Parks are permissible in recreation and rural zones.

16

Support effective planning and decision making.

Transition the LEP from PDF aps to a digital format.

17

Embedding a clear line of site between the local strategic planning statement and the local environmental plan.

Include a reference to the local strategic planning statement within the Aims of the plan.

 

A number of these amendments are still subject to further coordination with the relevant public agencies and may need to be removed at a later date if they cannot be achieved within the LEP Review Program timeframe. In particular, this relates to items 4, 5, 6, 9 and 16.

Consultation

The proposed amendments included within the Stage 1 draft planning proposal have been determined on the basis of ongoing engagement with a range of stakeholders associated with the LEP Review Program and include feedback from:

 

 

·        Councillor workshops;

·        Council’s Community Advisory Committees;

·        Internal sections across Council;

·        Workshops organised by  the Greater Sydney Commission and the NSW Government Department of Planning, Industry & Environment (DPIE) on the LEP Review Program and Local Strategic Planning Statements;

·        Tharawal Local Aboriginal Land Council;

·        Destination Sydney Surrounds South;

·        Public agencies, including South West Sydney Local Health District, Transport for NSW, DPIE, and the Office of Strategic Lands, and

·        Community drop in sessions held as part of the public exhibition of Wollondilly 2040 draft LSPS.

On the basis of the extensive consultation undertaken to date and the tight timeframe available under the LEP Review Program funding agreement formal preliminary consultation in the manner described within Council’s adopted Planning Proposal Policy CP0038 and draft Community Participation Plan has not been undertaken. The requirement for preliminary consultation for draft planning proposals is not a statutory requirement and reflects Council’s commitment to engaging with the community and key stakeholders early in the planning proposal process. Usually a 28 day consultation period is required for Council initiated planning proposals.

 

The LEP Review Program is a major project and the ongoing engagement to date which has been drawn on to inform this initial draft planning proposal is considerably more than would ordinarily be practicable for Council initiated planning proposals. A variation to the preliminary consultation requirements has been approved in accordance with the adopted Planning Proposal Policy.

 

Further consultation will occur after a Gateway determination is issued and it has been established that the proposal has strategic merit. The Gateway determination will outline the consultation requirements with public agencies and the community which is likely to include a public exhibition.

PLANNING CONTEXT

Greater Sydney Region Plan (Region Plan) and Western City District Plan (District Plan)

The Greater Sydney Commission’s A Metropolis of Three Cities – the Greater Sydney Region Plan and the Western City District Plan were finalised in March 2018. The Region Plan aligns land use, transport and infrastructure planning to reshape Greater Sydney as three unique but connected cities. The Western City District Plan along with the other four district plans guide the implementation of the Region Plan at a District Level.

 

The District Plan requires councils to review their strategic planning framework. This is to include a review of the existing local environmental plan against the relevant district plan. Updates to local environmental plans are to be guided, in part, by the development of local strategic planning statements.

Create Wollondilly 2033: Community Strategic Plan (CSP)

Create Wollondilly 2033 is Council’s adopted community strategic plan and is Council’s highest level long term plan. It sets out the communities long term aspirations for Wollondilly over a 20 year period up to 2033.

 

 

The position statements and strategies from the CSP have informed the preparation of Wollondilly 2040 draft LSPS and consequently, the Stage 1 draft planning proposal to amend the local environmental plan.

Wollondilly 2040 draft Local Strategic Planning Statement (draft LSPS)

Wollondilly 2040 is Council’s draft Local Strategic Planning Statement. It outlines the vision for land use planning over the next 20 years and will guide the implementation of the District Plan at a local level. It is also required to be consistent with the community strategic plan.

The draft LSPS identifies a number of actions under each of its 18 planning priorities which have informed the scope of the current and future staged amendments to the local environmental plan.

At its Extraordinary Council Meeting on 24 September 2019, Council resolved that the draft LSPS  is endorsed for consultation purposes only and does not yet represent Council policy and cannot be relied upon in regards to any planning proposals.

The exception to this statement is the subject planning proposal which is a mechanism for a council led process to the local environmental plan in accordance with the Funding Agreement with the NSW Government and in accordance with the legislation framework.

The proposed amendments to the local environmental plan are all identified as actions within the draft LSPS with the exception of the housekeeping amendments.

Consistency with Section 9.1 Directions

An assessment of the draft planning proposal for consistency against s9.1 Directions is available within the draft planning proposal document provided at Attachment 2.

Consistency with State Environmental Planning Policies (SEPPs)

An assessment of the draft planning proposal for consistency against SEPPs is available within the document provided at Attachment 2.

Advice from the Wollondilly Local Planning Panel (LPP)

Before considering whether or not to support progressing the draft planning proposal for a Gateway determination planning proposals are required to be referred to the LPP for advice. A report was considered by the LPP on 28 November 2019.

At the time of preparing this report advice of the LPP was not available and will be provided under separate cover.

Wollondilly Local Environmental Plan 2011

The planning proposal, when finalised will replace the current local environmental plan with Wollondilly Local Environmental Plan 2020. The draft planning proposal seeks the following updates to the local environmental plan;

·        Amending the Wollondilly Local Environmental Plan 2011, Clause 1.2 Aims of Plan to embed:

-      health considerations in land use planning by encouraging development that supports the health and wellbeing of local residents, workers and visitors, and

-      implementation of strategic planning for the area by giving effect to any applicable local strategic planning statement prepared under section 3.9 of the Environmental Planning and Assessment Act 1979.

·        Amending Wollondilly Local Environmental Plan 2011, Schedule 2 Exempt development to include new exempt development provisions that enable the following land uses to be carried out as exempt development (i.e. without the need for development consent) so long as they meet certain development standards;

 

-           Footpaths - outdoor dining,

-           Events,

-           Sponsorship advertising at sporting facilities, and

·        Including a new local provision and associated mapping that confirms the objectives of the clause which is to protect and enhance the values in the Metropolitan Rural Area, and

·        Including a new local provision and associated mapping for aircraft noise, obstacle limitation surface and wildlife strike to protect airspace around the Western Sydney International Airport essential to ensuring and maintaining a safe operating environment and to provide for future growth without disruption.

·        Amending the Wollondilly Local Environmental Plan 2011, Clause 5.1 Relevant acquisition authority and the associated Land Reservation Acquisition Map to:

-      reserve the corridor for the proposed Maldon Dombarton Railway Line (for land not yet acquired), and

-      to remove the land (4 lots) which has now been acquired by the relevant acquisition authority, and

·        Amending the Wollondilly Local Environmental Plan 2011 Land Zoning to rezone land to SP2 Infrastructure,

-      containing operational infrastructure and owned by Sydney Water,

-      already acquired by the NSW Government for the Maldon Dombarton rail link, and

·        Amending the Wollondilly Local Environmental Plan 2011 Land Use Table to permit “Function centres” in rural and some environmental protection zones (E3 and E4) with an associated new local provision which aims to ensure that function centres are an appropriate scale and do not adversely impact on the agricultural production, scenic or environmental values of the land, and

·        Including a new local provision and associated mapping to identify and protect high quality koala habitat, and

·        Amending the Wollondilly Local Environmental Plan 2011 Natural Resources – Biodiversity Map to:

-      Protect high quality koala habitat by identifying it as “sensitive land”,

-      remove the land (74 lots) which has been legally cleared and is no longer considered to be “sensitive land”, and

·        Amending Wollondilly Local Environmental Plan 2011 Clause 4.1B Subdivision of certain land in Zone E4 Environmental Living to strengthen the intent of the clause for land identified as “Original holdings” by clarifying that the density standard applies to all land within the original holding and not just land within a development application, and

·        Amending the Wollondilly Local Environmental Plan 2011 Land Use Table to permit the following new land use terms with consent;

-           Timber yard” in RU1, RU2 and RU4 land use zones (currently permitted in business zones)

-           Artisan Food and Drink Industry” in RU1, RU2, RU4, B1, B2, B4 and B5 (currently permitted in industrial zones),

-           High technology industry” in B5 land use zone (currently permitted in industrial zones),

-           Bee keeping” in residential and business and E3 land use zones (currently permitted in RU1, RU2, RU4, SP1 and E4 land use zones),

-           Eco-tourist facility” in RU1, RU2, RU4 and E4 land use zones (currently not permitted in any land use zone),

 

-           Markets” in RU1, RU2, RU4, RE1, RE2 and E3 land use zones (currently permitted in business zones and SP1), and

·        Including the model clause for “Eco-tourist facilities” which requires the consent authority to be satisfied that the eco-tourist facility is sympathetic to and maintains the environmental and cultural values of the land, and is designed and managed to have minimum impact on the environment, and

·        Amending the Wollondilly Local Environmental Plan 2011 Land Use Table to permit “Caravan parks” with consent in recreation and rural zones, and

·        Transition Wollondilly Local Environmental Plan 2011 to a digital mapping format

Due to the tight timeframe available to progress and finalise this proposal, if it becomes clear that any component can no longer be achieved it will need to be removed from the proposal and delivered as part of a later stage.

It is also noted that number of the components should be supported by updates to the Wollondilly Development Control Plan or separate policies. If resources allow, these could be progressed concurrently.

Options for Moving Forward

In deciding to forward a planning proposal to the NSW Government Department of Planning, Industry and Environment, Council’s options are:

1.       Resolve to support the draft planning proposal in its current form, or

2.       Resolve to support the draft planning proposal with amendments. With this option, further advice may need to be sought from the Wollondilly Local Planning Panel to meet statutory requirements, particularly if new matters are added. This would further limit Council’s ability to meet its timeframe commitment under the Accelerated LEP Review Program Funding Agreement with the NSW Government.

3.       Resolve not to support the draft planning proposal. With this option an alternative draft planning proposal will need to be developed for progress as part of the LEP Review Program and will further limit Council’s ability to meet the timeframes within the Accelerated Funding Agreement with the NSW Government.

Option 1 is the recommendation of this report.

Delegation of plan making functions

It is recommended that plan making functions associated with this draft planning proposal are not delegated to Council on the basis that some of the amendments have:

·        District and regional planning significance,

·        Implications for Council owned land,

·        Acquisition and public agency matters, and

·        To ensure a transparent process is followed.

 

Financial Implications

Funding of up to $2.5 million is available for the LEP Review Program, which includes this Stage 1 draft planning proposal, through the City Deal initiative subject to contractual conditions.

Any additional costs for this project are to be covered through Council’s adopted budget and forward estimates.

 

 

 

The requirement to undertake a LEP Review, along with requirements generated from changes to the Environmental Planning & Assessment Act 1979, continue to have a significant impact on strategic planning resources.

The subject planning proposal is being prepared in accordance with an approval project plan, including budget allocation.

Attachments

1.       Summary of proposed amendments to Wollondilly Local Environmental Plan 2011  

2.       LEP Review Program Stage 1 Draft Planning Proposal  

3.       Addendum Report in response to LPP minutes and other matters  

4.       Minutes of the Local Planning Panel (LPP) meeting - 28 November 2019   

Recommendation

That Council:

1.         Notes the advice of the Wollondilly Local Planning Panel,

 

2.         Support the LEP Review Program Stage 1 Draft Planning Proposal which seeks a range of updates to Wollondilly Local Environmental Plan 2011 in an amended form, subject to the following changes:

 

a.         Update amendment 9 (Koala Corridors) to include:

                                       i.              an additional objective to enhance and restore habitat connectivity,

                                      ii.              broaden the application of the clause so that it applies to identified “sensitive land” and nearby land, and

                                    iii.              include principles for assessing development captured by this clause.

 

b.         Update amendment 15 (Caravan Parks) to seek the introduction of a new land use term for “Tourist park” to be permissible in recreation and rural zones. If this option is not available to proceed with the original proposed amendment.

 

With either option, amendment 15 should be removed from the planning proposal, if after further investigation, it is considered that the amendment has the potential to unintentionally permit unplanned housing growth in the Metropolitan Rural Area.

 

c.         Adjust amendment  12 (Original holdings) to ensure that the density standard applies to:

                                       i.              all land within the original holding and not just land within a development application, and

                                      ii.              land possessing two essential characteristics, namely;

-            zoned E4 Environmental Living, and

-            identified as “Original holdings” on the Original Holdings Map.

 

d.         Update amendment 8 (Destination Weddings) to introduce a new land use term for “Rural function centre” in rural and some environmental protection zones (E3 and E4) and if the option is not available to proceed with the original proposed amendment,

 

e.         Update amendment 7 (Rezoning Sydney Water Land) to remove all land associated with 550 Wilton Road, Appin from the planning proposal.

 

3.         Support the principal of enabling caravan parks for tourist accommodation in rural areas so long as this can be achieved without the risk of unintentionally enabling unplanned housing growth in the Metropolitan Rural Area.

 

 

4.         Forwards the planning proposal to the Department of Planning, Industry & Environment for a Gateway determination,

 

5.         Agrees that some component(s) may be removed from the planning proposal if they cannot be delivered in the timeframe available to finalise the planning proposal under the Accelerated LEP Review Program Funding Agreement, and

 

6.         Subject to a favourable Gateway determination from the Department of Planning, Industry & Environment, proceed to a public exhibition in accordance with the requirements of the Gateway determination. Subject to receiving a Gateway determination from the Department of Planning, Industry and Environment, publically exhibits the draft planning proposal in accordance with the requirements of the Gateway determination any minor changes required.

 

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.3       Exhibition of Draft Wollondilly Contributions Plan

File Number:           10619#732

 

Executive Summary

·        The purpose of this report is to seek Council’s approval to publically exhibit a new draft Wollondilly Contributions Plan, which has been prepared to identify and collect development contributions towards local infrastructure items and to seek endorsement to publicly exhibit the Plan.

·        It is recommended that Council:

o   Endorses the draft Wollondilly Contributions Plan to be placed on public exhibition in accordance with the requirements of the Environmental Planning and Assessment Act 1979;

o   Receives a further report upon completion of the public exhibition to consider any submissions received during the exhibition;

o   Advertises its intention to repeal, upon making of the new Plan, Wollondilly Development Contributions Plans 1993, 2000, 2005 and 2011 in the manner set out in this report; and

o   Writes to Minister for Planning and Public Spaces, the Hon Rob Stokes, requesting that the NSW Government consider indexing the current contributions cap.

Report

Context:

The Environmental Planning and Assessment Act 1979, together with the Environmental Planning and Assessment Regulation 2000 (the Regulation), Ministerial Directions, Planning Circulars, Practice Notes and IPART Guidelines, set out the development contributions system and the process for making a contributions plan. A ‘Section 7.11 Contributions Plan’ prepared by a Council for the provision of local infrastructure is a part of an infrastructure funding and delivery system which includes Special Infrastructure Contributions (SIC) for state and regional infrastructure, planning agreements, direct works associated with development and user connections by with utilities providers and capital works funded through Government budget processes. While complex, the relevant legislation and policies provide a framework which specifics the types of essential and non-essential infrastructure which can be levied.

This report provides the overarching detail for the preparation of Council’s Section 7.11 Contributions Plan and as such, must have a direct nexus to development based on expected development, analysis of available information, Government policy and Council’s delivery priorities. It cannot identify or seek to levy for items beyond those identified in the relevant plans and guidelines identified above.

The Draft Wollondilly Contributions Plan (the Draft Plan) has been prepared by Council, with the assistance of consultants, GLN Planning and using specialist advice from AEC Group (housing and population), Cred Consulting (social infrastructure), Civic MJD (land valuation) and Mitchell Brandtman (cost reporting/quantity surveyors).

The Draft Plan has been prepared with the intention to provide a clear framework for the levying of development contributions for new development in Wollondilly, including the Wilton Growth Area. The Draft Plan is based on best practice principles to provide adequate funding for local infrastructure and will give Council, developers and most importantly the community, confidence that development contributions will contribute equitably towards local infrastructure where it is required.

 

 

While this is a new plan, Council is committed to regular monitoring, review and if required, amendment of the plan to respond to development trends, the legislative environment and infrastructure priorities for Wollondilly.

 

Approach to Infrastructure Delivery

The Draft Plan proposes to continue Council’s existing approach to the delivery of stormwater facilities and roadworks that are direct development works associated with development. Council’s priority to ensure community infrastructure can be provided without adversely impacting existing residents through the financial impacts of development, will be continued.

Council’s current policy is to negotiate planning agreements for 35-years maintenance where a developer proposes to dedicate land and works for stormwater management facilities in accordance with Council’s Dedication of Land Policy. This means that the fullest extent of essential and non-essential infrastructure can be levied within the contributions plan cap while ensuring other direct development works are provided in addition.

The Draft Plan will continue Council’s policy to require the provision of open space at the rate of 2.83 hectares per 1,000 people and 80 sqm per person for community facilities. It will also focus on the delivery of improvements to land owned by Council for high quality open space, recreation and community facilities, as evident from the ‘Place Score survey’ results undertaken as part of the community consultation proposes for the preparation of the Local Strategic Planning Statement (LSPS). These improvements are often referred to as embellishment.

Trends and Proposed Improvements

The Draft Plan expects that dwelling houses on a single block of land will continue to be the predominant form of development in the Shire. This trend was captured in the AEC report. A significant increase, however, has been observed in the take up rate of secondary dwellings, accounting for 13% of all occupation certificates issued in Wollondilly for the last 2 years. This form of dwelling stock is expected to remain at the same rate into the future. There is an obvious increase in the number of residents from this type of development which places additional demands on local infrastructure. It is therefore proposed to include this form of development in the Plan.

Revenue Section 7.12 (formerly Section 94A) Fixed Levies, which are calculated based on the cost of non-residential works approved in the Shire, remains less than expected. Section 7.12 contributions are levied on commercial, retail or employment land uses but are also applied to telephone towers, and other infrastructure projects. While levying these projects is consistent with the Act and Council’s current Contributions Plan, there is a strong argument that a telephone tower does not give rise to the need for a car park, street improvements or a bike path, for which the levy is being collected.

To date, section 7.12 fixed levies have collected approximately 15% of the anticipated $8.5m of works scheduled in the 2011 Plan. Funds collected previously have been used to acquire land for the Thirlmere car park and for streetscape improvements in Bargo. At the same time there is still a demand and need for additional car parking in a number of town centre locations. Given the slow rate of collecting s7.12 levies, the Draft Plan proposes to introduce a section 7.11 contribution for non-residential development in instances where a development cannot provide all of its required car parking on site (no change is proposed to requiring all residential car parking to be provided on the development site). It is also proposed to transfer the section 7.12 fixed levy balance (approx. $800k) to the car parking contributions category. As a result, car parking spaces in Council car parks will generally be available to all users and not allocated to any particular commercial or retail development.

This proposed change also provides a policy framework to help support jobs and employment by removing the need to pay a levy, except for where there is an undersupply of parking which places extra burden and demand on Council.

 

 

Administrative Provisions

Indexation of works and contributions are needed to meet the movements in inflation. Indexation of works items are to be in line with the 6401.0 Consumer Price Index CPI (All Groups) for Sydney Australian Bureau of Statistics (ABS) on a quarterly basis., It is noted that the current contributions plan has not kept pace with the movement of the land values, resulting in either a financial shortfall or the acquisition of poorer quality land with available funds. In relation to the acquisition of land and land valuation identified in the Draft Plan it is proposed to introduce a land value index (or LVI). Introduction of an LVI complies with the IPART information paper on the indexation of contribution rates and is consistent with contributions plans in place at Camden, Campbelltown, Wollongong and Liverpool. It is proposed to use 6416.0 – Establish House Price Index: Eight Capital Cities – Sydney as published by the ABS on a quarterly basis.  This index measures price change in residential dwelling stock (which includes detached dwelling houses, house with office; house with flat, rural residential houses, Semi-detached, row and terrace houses, townhouses and flats, units and apartments) over time. The benefit of this index is that it is easily available, with a broadly accepted methodology. Both methods of indexation are endorsed by IPART and comply with the Regulation.

Repeal of the Plan

Clause 1.7 of Wollondilly Contributions Plan 2011 states that the plan supersedes Wollondilly Development Contributions Plan 2005 and 2010 plans, but where not formally repealed.

As a matter of process it is recommended that Council advertise its intension to formally repeal Wollondilly Development Contributions Plans 1993, 2000, 2005 and 2010, as well as Wollondilly Contributions Plan 2011, upon adoption of the new Plan.

Development contributions received from conditions imposed under these repealed plans will be pooled with all other funds collected in the new Plan and allocated in accordance with Council’s duly adopted infrastructure priorities ensuring a greater pool of funds are available.

Contributions Areas

In order to plan and administer development contributions in a more efficient and effective manner, the Draft Plan will have two contributions areas:

·    Area A: The Shire (excluding Wilton Growth Area); and

·    Area B: Wilton Growth Area.

 

Area A: The Shire (excluding Wilton Growth Area)

A local infrastructure list of land and works is proposed to provide or improve local amenities and services in the Wollondilly Shire, excluding the Wilton Growth Area. This area is subject to a maximum contribution of $20,000 for residential development.

The Draft Plan has been prepared for an expected additional population of 13,214 people in 4,729 additional dwellings over the next 20-years.

Local infrastructure costs and contributions rates are incorporated in the draft new Contributions Scheme detailed in the tables on the following page.

 

 

 

 

 

 

Area A - Wollondilly Shire (excluding Wilton) Local Infrastructure Costs

Infrastructure category

Category cost

Roads and transport (land)

$3,485,625

Roads and transport (works)

$43,984,918

Open space (land)

$9,905,215

Open space (works)

$15,622,844

Community facilities (works)

$9,948,000

Car Parking (land)

$1,616,300

Car Parking (land)

$2,707,900

Plan administration

$3,477,788

Total

$89,748,590

 

 

Area A – The Shire - Section 7.11 contribution rates

 

Per resident

per final lot or dwelling unit

per multi dwelling unit

per apartment, residential flat building or shop top housing

per seniors living, self- contained dwelling

per secondary dwelling, studio dwelling

Roads and transport (land)

$264

$818

$686

$581

$396

$264

Roads and transport (works)

$3,329

$10,320

$8,655

$7,324

$4,994

$3,329

Open space (land)

$674

$2,089

$1,752

$1,483

$1,011

$674

Open space (works)

$1,182

$3,664

$3,072

$2,600

$1,773

$1,182

Community facilities (works)

$753

$2,334

$1,958

$1,130

$1,130

$753

Plan administration

$263

$815

$684

$395

$395

$263

Total

$6,465

$20,042

$16,809

$14,223

$9,698

$6,465

 

 

Wollondilly Shire – Shire 7.11 contributions for car parking in Picton and Thirlmere

Car parking catchment

Per space

Picton car parking (land)

$8,082

Picton car parking (works)

$10,415

Thirlmere car parking (works)

$10,415

 

 

 

 

 

 

Area B: Wilton Growth Area

Land in the Wilton Growth Area is subject to a maximum contribution of $30,000 for residential development. This is because it is a Greenfield release area. The NSW Government’s Wilton 2040: A Plan for the Wilton Growth Area caps development to 15,000 dwellings which is an expected population of 43,288 people over the next 30 years. It is noted that Area B has a longer period of 30 years in order to plan and deliver infrastructure to the expected build-out of the growth area. Given the cap that has been placed on development by the State, there is a better degree of certainty planning for the expected yield.

In order to satisfy the requirements of section 7.11 of the Act, the proposed local infrastructure schedule of land and works takes into account the Wilton South East and Bingara Gorge Planning Agreements, as well as the Bingara Gorge Land and Environment Court approval which already secured the provision of infrastructure and amenities.

 

Area B - Wilton Growth Area Local Infrastructure Costs

Infrastructure category      

Category cost

Road and transport (land)     

$31,839,561

Road and transport (works)  

$36,864,653

Open space (land)       

$85,395,245

Open space (works)    

$133,996,224

Community facilities (land)   

$9,425,000

Community facilities (works)

$59,798,200

Plan administration      

$11,532,954

Total

$368,851,836

 

 

Area B - Wilton Growth Area - Section 7.11 contribution rates

 

Per resident

per final lot or dwelling unit

per multi dwelling unit

per apartment, residential flat building or shop top housing

per seniors living, self- contained dwelling

per secondary dwelling, studio dwelling

Roads and transport (land)

$704

$2,183

$1,831

$1,549

$1,056

$704

Roads and transport (works)

$815

$2,528

$2,120

$1,794

$1,223

$815

Open space (land)

$2,180

$6,758

$5,668

$4,796

$3,270

$2,180

Open space (works)

$3,421

$10,604

$8,894

$7,525

$5,131

$3,421

Community facilities (land)

$241

$746

$626

$529

$361

$241

Community facilities (works)

$1,527

$4,732

$3,969

$3,358

$2,290

$1,527

Plan administration

$294

$913

$765

$648

$442

$294

Total

$9,182

$28,463

$23,872

$20,200

$13,773

$9,182

 

 

NSW Government Policy

The Minister for Planning issued the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2018 on 18 December 2018.  This Ministerial direction stipulates that Council must not grant consent to residential development requiring contributions in excess of $30,000 lot/dwelling in the Wilton Growth Area, or $20,000 per lot/dwelling for the remainder of the Shire.

 

IPART Review

Should Council seek to levy a contribution above the relevant thresholds applicable at the time, the Plan is required to be reviewed by IPART in accordance with the process set out in the Local Development Contributions Practice Note: For the assessment of Local Contributions Plans.

 

The Practice Note categorises local infrastructure into ‘essential infrastructure’ and ‘non-essential infrastructure’. ‘Essential infrastructure’ includes those items specified in the essential works list (EWL), which is limited to land for open space and its base level embellishment, land for community services but not any buildings, land and facilities for transport, land and facilities for stormwater management and the costs of plan preparation and administration.

 

As stated earlier in this report, the Draft Plan proposes to continue Council’s current practice for the delivery of stormwater facilities and roadworks that are direct development works associated with development through VPAs and development conditions respectively.  Council is also required to comply with IPART’s guidance on which roads can be included in contributions plans.

 

Non-essential infrastructure includes community facilities such as neighbourhood centres, libraries, leisure centres, skate parks, BMX tracks and dog-off-leash areas. The social needs assessment undertaken by Council as part of preparing this Draft Plan identifies all of these facilities as being required and arguably necessary for local communities. During the life of the new plan, should Council seek to levy a contribution above the applicable thresholds (ie, currently $20,000 and $30,000), a funding shortfall for non-essential infrastructure would be created. Council would have to find other funding sources (such as rates or borrowing) or some elements of social infrastructure could not be provided. Either way, if Council cannot levy a reasonable contribution for social infrastructure, new and existing residents and Council could be adversely financially impacted as a result of development.

 

It is important to note the correlation between indexation and the cap on the contributions plan. This report recommends that upon endorsing the Draft Plan for exhibition, Council writes to the Minister for Planning and Public Spaces seeking that the Government apply indexation to the Cap, so that the cap is increased (and/or reduced) consistent with CPI. At this stage, the proposed infrastructure list fits within the ‘cap’, but it will only be a matter of time before the value of the plan (per lot) exceeds the cap through indexation, therefore requiring IPART approval, even though the infrastructure list is not changing. This is a fundamental flaw in the contributions system.

 

Blacktown, The Hills and Wollongong Councils have previously had access to the Local Infrastructure Growth Scheme (or LIGS) which ends on 1 July 2020. Under LIGS funding the NSW Government would pay Council the gap between the IPART approved contributions plan and the maximum contribution a Council could levy a developer. To be eligible for LIGS payments, the CP needed to be in an LIGS area, be an IPART approved plan and fund only essential infrastructure. The Draft WCP does not satisfy any of these criteria.

Prior to LIGS, and as listed in Schedule 1 of the Ministerial Direction, grandfathered plans (those CPs that were in place prior to 2012) have no cap on the amount of contributions that can be levied and the essential works list does not apply, for example Elderslie/Spring Farm in Camden, Middleton Grange in Liverpool and Glenmore Park in Penrith.

 

Infrastructure Costings

The Infrastructure costing contained in the draft contributions plan has been prepared using the following methods:

·    Assessment by quantity surveyors;

·    Extracts from specialist studies and reports;

·    IPART recommended costing for recent and comparable review;

·    Actual costs or unit rates incurred by Council; and

·    Indexation of comparable costings from the existing contributions plan.

 

The costings have been reviewed extensively by Council officers and are considered to be robust and reasonable for a program of 20-30 years of local infrastructure delivery.

 

Value of the Plans

In a general sense, the value of the per lot contributions for the growth area is ‘lower’ than most other local government areas with existing contributions plans for Greenfield development. This can be explained for a number of reasons, including what land and works are included in other plans (in some cases roads and stormwater add significant additional value to those plans).  However, it is also reflective of the current legislative framework detailing what Council is allowed to levy for. While there are ‘recurrent costs’ and other costs associated with development, many of those costs cannot be recouped within the current legislation.  The Draft Plan identifies land and works for essential and non-essential local infrastructure within the guidelines issued.

Consultation

The Environmental Planning and Assessment Regulation 2000 requires the draft contributions plan to be publicly exhibited for a period of at least 28 days. Given the proximity the Christmas/New Year period, noting that the outcomes of public exhibition cannot be reported back to Council until February 2020, at the earliest, it is proposed to have an extended exhibition period of 6 weeks (which excludes the days Council is closed) starting 18 December 2019 ending 5 February 2020.

The draft contributions plans will be reported back to Council post exhibition in order to consider any submissions duly made and for Council to formally resolve its intentions to make the plan, make with amendments or otherwise.

Financial Implications

The draft Wollondilly Contributions Plan once adopted will authorise Council to require development contributions towards the provision of local infrastructure over the next 20-30 years.

Attachments

1.       Draft Wollondilly Contributions Plan  

2.       IPART Assessment and Approval Process   

Recommendation

That Council:

1.       Endorses the draft Wollondilly Contributions Plan to be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979.

2.       Receives a further report upon completion of the public exhibition to consider any submissions received during the exhibition.

3.       Advertises its intention to repeal, upon making of the new plan, Wollondilly Development Contributions Plans 1993, 2000, 2005, 2010 and 2011 in the manner set out in this report.

4.       Writes to the Minister for Planning and Public Spaces requesting that the NSW Government consider indexing the current contributions cap.


Extraordinary Council Meeting Agenda

16 December 2019

 

11.4       Financial Implications of servicing Wilton Growth Area

File Number:           10619#932

 

Executive Summary

·        The purpose of this report is to provide an update on the anticipated financial costs of servicing Wilton New Town.

·        It outlines that the infrastructure funding for Wilton new town includes:

o   Council’s Section 7.11 Contributions Plan, currently in development and proposed to total $369 million which will cover all of Council’s identified local infrastructure through the contributions scheme within the current contributions cap

o   Special Infrastructure Contributions (SIC) for state and regional infrastructure, totalling $771 million under the draft SIC

o   planning agreements for local, state and regional infrastructure

o   direct works associated with development and user connections with utilities providers

o   capital works funded through Government budget processes.

·        It is recommended that Council note the financial implications as outlined in this report, works with the NSW Government on the Wilton Infrastructure Phasing Plan, and continues to advocate strongly on behalf of the current and future Wollondilly community to ensure appropriate and timely infrastructure investment and delivery.

Report

At its meeting of 16 September 2019 of Council resolved:

That a report be submitted to Council on the long term financial impact of servicing Wilton new town and any unaccounted for infrastructure (Resolution 207/2019).

 

Current Financial Position

The financial position of Wollondilly Shire Council is strong for a large local government area with a relatively small population. In 2015 Council received approval to apply a Special Rate Variation (SRV) of 10.8% per year each year through to 2019, to assist in bringing Council’s rating revenue to a level sufficient to reduce the infrastructure backlog. In considering the application, IPART reviewed Council’s Long Term Financial Plan and performance against key indicators at the time.

As at 30 June 2019, Council’s net operating result was $23.267 million, and financial results are exceeding the benchmark for each of the industry key performance indicators for liquidity and sustainability. Council’s infrastructure backlog ratio result and the cost to bring assets to agreed service levels both continue to improve as the additional revenue is applied.

 

Planning for Growth

Council considers a broad range of factors in planning for future growth within long term financial modelling to ensure future financial sustainability. Infrastructure to support new development is funded through a range of sources including:

·    State infrastructure contributions (Special Infrastructure Contributions)

·    Council development contributions levied under Section 7.11 of the EPA&A Act 1979

·    Voluntary Planning Agreements

·    Development conditions

 

·    Other Government budget processes.

Council and the State Government commenced strategic planning work on the Wilton Growth Area in 2009.  The Wilton Growth Area was effectively released on 28 September 2018 with land identified for development rezoned Urban Development Zone within the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP). It is expected that 15,000 homes will be built in the Wilton Growth Area at full development, with a population of 50,000 residents, doubling the current Wollondilly Shire population.

 

Legislative Framework for funding infrastructure

The Environmental Planning and Assessment Act 1979, together with the Environmental Planning and Assessment Regulation 2000 (the Regulation), Ministerial Directions, Planning Circulars, Practice Notes and IPART Guidelines, set out the development contributions system and the process for making a contributions plan.

A ‘Section 7.11 Contributions Plan’ prepared by a Council for the provision of local infrastructure is a part of an infrastructure funding and delivery system which includes Special Infrastructure Contributions (SIC) for state and regional infrastructure, planning agreements, direct works associated with development and user connections by with utilities providers and capital works funded through Government budget processes.

 

Voluntary Planning Agreements

Additionally, infrastructure outside of the contributions plans can be delivered through Voluntary Planning Agreements between Council or the State and developers.  Works associated with development can also be conditioned as reasonable and relevant conditions of consent in development approvals.  Development applications are considered on their merits, and out of sequence infrastructure requirements can be addressed through Voluntary Planning Agreements negotiated with developers in order to bring forward development ahead of the planned delivery of identified infrastructure.

 

Contributions Scheme Payments

Contributions from development are paid at the time of completion of each subdivision (i.e. prior to the registration of the lots with the Land Titles Office and the release of a linen plan). Therefore, a natural lag is created in the funding and delivery of State and local infrastructure. While it would be ideal to deliver infrastructure either before or at the same time as development, this does not match the financial realities, nor do financial institutions approve funding to occur in this manner. There would also be inequity in asking existing residents to pay for infrastructure for new residents.  As contributions are only received for the lots that are released, funds will only trickle in as development occurs.

 

Infrastructure Phasing Plan

With these issues in mind, the Department of Planning, Industry and Environment (DPIE) is leading the preparation of an Infrastructure Phasing Plan (IPP) to identify and prioritise infrastructure delivery. When complete, the IPP will inform efficient provision of infrastructure, especially in the early years of development when cash flow for the State and Council can be limited.  Preference is very likely to be directed to the planned sub-arterial road network, to avoid unnecessary pressure on Picton Road before it is upgraded, and to connect the South East and North Precincts with the Town Centre, creating an important community building link with the planned K-12 government and independent schools, new shopping centre and public transport services.

 

 

Wilton Growth Area – local infrastructure

15,000 new homes will be provided at full development with an anticipated population of 43,288 people.  Based on this population there is a demand for the following local infrastructure items, to be delivered through the Council development contributions scheme:

·        3,463m2 community facilities,

·        123 hectares of open space in 28 local and neighbourhood parks and 10 playing fields,

·        a library,

·        a leisure centre,

·        12 km of arterial roads,

·        10km of sub-arterial roads,

·        an estimated 295 kilometres of local roads, and

·        45,000 domestic waste collection bins.

 

Utilities

Developers are responsible for arranging for utility infrastructure such as water, sewer, gas, electricity, and NBN with service providers in a competitive and deregulated market. Home owners are required to have contracts with retail providers and to pay user and service charges for these utilities. Utilities are distinct from local government rates which are regulated by the Local Government IP&R framework and rigorously assessment by IPART. State government agencies including Sydney Water, Transport for NSW and Education, are responsible for planning and delivering essential State infrastructure to meet demand associated with growth.  These are not Council led.

 

Special Infrastructure Contributions (SIC) – NSW Government

In September 2018, the NSW Department of Planning & Environment (now DPIE) placed the proposed Wilton Priority Growth Area Special Infrastructure Contributions (SIC) Levy on Public Exhibition.

The proposed Special Infrastructure Contribution for Wilton will provide $771 million of funding from developers for infrastructure delivery over the next 20-30 years, as follows:

 

Infrastructure category         

 Category cost

Roads, intersections, bridges and cycleway improvements

 $655 million

Biodiversity conservation and regional open space

 $65 million

Education

 $31.25 million

Bus infrastructure

 $5 million

Health facilities

 $750,000

Emergency services

 $625,000

Planning and delivery

 $14 million

Total

$771 million

Table 1: Proposed Wilton Growth Area Special Infrastructure Contributions categories

 

 

 

The proposed SIC includes a number of bridge connections including:

·    Picton Parade West Grade Separation with Picton Road (R12) at $15.4m,

·    Crossing of the Hume Highway (R13) at $41m, and

·    Sub-Arterial Crossing of Maldon-Dombarton corridor (Part of R8) at $37m.

It is emphasised that rail crossings are not Council assets and will not be funded by Council.

Other State funding is also being secured through the negotiation of State Voluntary Planning Agreements, which are securing further funding for roads and other State and Regional works.

 

Other NSW and/or Commonwealth government funding

In addition to infrastructure to be funded through the SIC, there will need to be further funding for infrastructure and/or services sourced through the normal government budgetary processes. For example, while the SIC funds the provision of land for Education facilities, further funding will be required for delivery of those facilities.

 

Local Contributions Cap

In December 2018, Council was successful in seeking the Minister for Planning’s support to increase the development contributions cap in the Wilton Growth Area from $20,000 to $30,000 per lot. This equates to an extra $150m of local infrastructure that could be funded by way of development contributions.

Council staff and consultants prepared the Draft Infrastructure List (IL) in February 2019 to inform a standard format growth area contributions plan in order to satisfy the Local Development Contributions Practice Note: For the assessment of Local Contributions Plans.

Based on analysis of social needs and technical reports, the draft IL identified $570m of local infrastructure including collector roads, open space and community facilities, to support the new development at Wilton. This equated to approximately $40,268 per lot (essential infrastructure $36,058 and $4,667 non-essential infrastructure).

The Practice Note categorises local infrastructure into ‘essential infrastructure’ and ‘non-essential infrastructure’. ‘Essential infrastructure’ includes those items specified in the essential works list (EWL), which is limited to land for open space and its base level embellishment, land for community services but not any buildings, land and facilities for transport, land and facilities for stormwater management and the costs of plan preparation and administration.

Funding source for ‘non-essential’ local infrastructure

During that same time, Council circulated the draft IL to developers. Based on the $30,000 cap at that time, it was anticipated that there could be an unfunded shortfall for non-essential community infrastructure of $62m. Should Council seek to levy a contribution above the relevant thresholds, the Plan is required to be reviewed by IPART in accordance with the process set out in the Local Development Contributions Practice Note: For the assessment of Local Contributions Plans.

In April 2019, IPART released new guidance titled ‘Inclusion of roads in contributions plans’, which considerably changed the way contributions plans look at the inclusion of roads. IPART’s method will require Councils to secure the delivery of local and collector roads through conditions of development consent. Adopting IPART’s method for roads means that the contribution rate per lot for essential and non-essential will be under $30,000. The effect of this will be to create a funding source for the previously identified $62m of non-essential community infrastructure

The revised total cost for local infrastructure has been reduced from $570m to just under $370m.  Therefore, all identified local infrastructure can now be funded through the contributions scheme within the current contributions cap. 

 

Proposed Wollondilly Development Contributions Plan

The following table lists the categories in the revised local infrastructure scheme for the Wilton Growth Area.

Note the draft revised Wollondilly Contributions Plan is the subject of a separate report to this Council meeting.

 

Infrastructure category      

Category cost

Road and transport (land)     

$31,839,561

Road and transport (works)  

$36,864,653

Open space (land)       

$85,395,245

Open space (works)    

$133,996,224

Community facilities (land)   

$9,425,000

Community facilities (works)

$59,798,200

Plan administration      

$11,532,954

Total

$368,851,836

Table 2: Proposed Council Development Contributions Plan categories for Wilton Growth Area

 

Dedication of Land policy

Council’s current Dedication of Land Policy requires developers to negotiate planning agreements for 35-years maintenance where a developer proposes to dedicate land and works for stormwater management facilities. This means that the fullest extent of essential and non-essential infrastructure can be levied within the contributions plan cap while ensuring other direct development works are provided in addition.

Maintenance and Servicing

As new development occurs in the Shire, the rate base grows and our income increases. Council’s cost structure will also increase as additional assets are added to the asset inventory and the number of service transactions (e.g. slashing/mowing reserves and public spaces, emptying public bins, etc) for new residents increases in line with the applicable service level agreements.

Rate income, in conjunction with various recurrent government grants or subsidies, and revenue from Fees and Charges are used to fund all of Council’s operations and liabilities in a financially sustainable manner in accordance with the adopted Long Term Financial Plan that forms a critical part of Council’s Resourcing Strategy.

The total revenue income is allocated to fund Council’s ongoing operations including:

·        Provision of direct community services e.g. mobile and fixed library, community support and development, child care, waste collection and disposal, and cemeteries.

·        Provision of indirect community services such as economic development, emergency support.

·        Annual asset maintenance, renewal or reconstruction of fixed assets such as roads, buildings, footpaths, and play and recreation facilities.

·        Saving for the funding of planned future large scale asset replacements such as large buildings and bridges.

·        Operating facilities for community use e.g. utility, cleaning and security costs, slashing or mowing of grass on reserves and sports fields.

 

 

·        Improving or expanding existing assets to manage safety or serviceability issues such as new traffic calming devices, additional footpaths, road widening and intersection upgrades.

The scope of individual services and asset maintenance/renewal/augmentation programmes are prioritised, subject to service level reviews and community consultation through the development of the Delivery Programs and Operational Plans to ensure that the delivery of services and asset programmes is undertaken in a long term financially sustainable manner.

Service planning for new growth areas is a common activity for Council’s across Australia. Whilst the detailed service planning will be the subject of future development, it is anticipated that the servicing costs for Wilton new town will be matched with the additional income received.  

Conclusion

There is no doubt that the delivery and resourcing of Wilton requires prudent financial, asset and resource planning over the next 30 years and beyond to provide the level of infrastructure and services required to support this new community. However, the Growth Area is supported by a robust framework of infrastructure planning and funding mechanisms at both State and Council level. This will ensure financially sustainable infrastructure delivery as development occurs and demand builds.

Consultation

Council’s Chief Financial Officer and Council’s Executive officers have been consulted in the preparation of this report.

Financial Implications

The financial position of Wollondilly Shire Council is strong for a large local government area with a relatively small population.

Council’s current financial results and improving key performance indicator results are a strong indication that the application of the SRV approved funds has increased capacity to address infrastructure costs.

As development occurs within the Shire, increases to the available revenue and the costs of infrastructure delivery continue to be modelled as part of ongoing reviews of Council’s long term financial plan. This enables Council to have a clear understanding of opportunities for Voluntary Planning Agreements to assist with the delivery of infrastructure and ongoing maintenance costs.

Council considers a broad range of factors in planning for future growth within long term financial modelling to ensure future financial sustainability. The Wilton Growth Area is supported by a robust framework of infrastructure planning and funding mechanisms at both State and Council level. This will ensure financially sustainable infrastructure delivery as development occurs and demand builds.

Attachments

Nil

Recommendation

That Council:

1.   Notes that Council is in a strong financial position based on the NSW Office of Local Government financial indicators.

2.   Notes this report that the infrastructure funding for Wilton new town includes:

a.   Council’s Section 7.11 Contributions Plan, currently in development and proposed to total $369 million which will cover all of Council’s identified local infrastructure through the contributions scheme within the current contributions cap.

b.   Special Infrastructure Contributions (SIC) for state and regional infrastructure, totalling $771 million under the draft SIC.

c.   planning agreements for local, state and regional infrastructure.

d.   direct works associated with development and user connections with utilities providers.

e.   capital works funded through Government budget processes.

3.   Works with the NSW Government on the Wilton Infrastructure Phasing Plan and continues to advocate strongly on behalf of the current and future Wollondilly community to ensure appropriate and timely infrastructure investment and delivery.

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.5       Wilton Health and Wellbeing Strategy

File Number:           10619#935

 

Executive Summary

·        The purpose of this report is to seek Council support to exhibit the draft Wilton Health and Wellbeing Strategy.

·        The draft Wilton Health and Wellbeing Strategy provides an evidence-based framework to inform Council’s future planning and advocacy for positive health and wellbeing outcomes in Wilton and Wilton New Town.

·        It is recommended that Council:

o   Supports the public exhibition of the draft Wilton Health and Wellbeing Strategy; and

o   Notes that following the exhibition, the outcome of the consultation along with any recommended modifications will be reported to Council.

Report

Background

The need for a health and wellbeing strategy for Wilton has long been recognised by Council and the Wollondilly Health Alliance, and is identified in the Wollondilly Health Alliance Action Plan 2017-2019, as well as Council’s Operational Plan, Social Planning Strategy, draft Local Strategic Planning Statement and Wilton – A Great New Town or No Town at All.

Council called for expressions of interest from consultants to develop the strategy in May 2018, and following evaluation of four EOIs, Elton was chosen as the preferred consultant and was asked to prepare a more detailed proposal provided in August 2018. In February 2019, Elton held an inception workshop with Council staff, and in April 2019 Council formally engaged Elton to develop the Strategy.

Since that time, Elton has worked closely with Council staff and with the Health in Planning Working Group (HIPWG) of the Wollondilly Health Alliance (WHA) to prepare an evidence-based strategy. The strategy reflects best practice and will serve Council as both a strategic document and an advocacy document.

One of the anticipated benefits of the strategy will be to support existing programs, infrastructure and policy positions, using a different lens, with a focus on health and wellbeing.

 

Draft Wilton Health and Wellbeing Strategy

The draft Strategy is attached to this report.

The draft Strategy takes a first principles approach, focusing on the social determinants of health and asking what factors make healthy behaviours difficult and what factors make healthy behaviours easy. It is divided into four focus areas:

·        social infrastructure,

·        transport and connectivity,

·        green infrastructure, and

·        housing.

Each focus area includes priorities and actions for Council and partners.

 

 

 

Consultation

The draft Strategy has been prepared on the basis of extensive feedback from Sustainable Growth and Community Outcomes staff, as well as the Health in Planning Working Group of the Wollondilly Health Alliance, including representatives of South Western Sydney Local Health District (Population Health) and the UNSW Centre for Health Equity Training, Research and Evaluation.

The next stage is to seek feedback from the community and stakeholders on the draft document. The consultation period will run for a minimum of 28 days. In order to avoid exhibiting over the Christmas period, it is proposed that consultation be undertaken from mid-January to mid-February 2020.

Financial Implications

Funding of $75,000 has been allocated from the 2018-19 budget. Community consultation is not included in the consultant’s budget, and will be covered or from Sustainable Growth’s operational budget.

 

Attachments

1.       Wilton Health and Wellbeing Strategy (draft 191119) (2)   

Recommendation

That Council:

1.       Supports the public exhibition of the draft Wilton Health and Wellbeing Strategy; and

2.       Notes that following public exhibition, the outcome of the consultation along with any recommended modifications will be reported to Council.

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.6       11 Westminster Place Razorback – item WITHDRAWN

File Number:           10619#766

 

 

 

This Item was withdrawn by the proponent.

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.7       Draft Planning Agreement - 65 Tahmoor Road Tahmoor

File Number:           10619#933

 

Executive Summary

·        The purpose of this report is to advise Council of the outcome of public notification for the Draft Planning Agreement (draft VPA) for 65 Tahmoor Road, Tahmoor.

·        The Draft VPA and Explanatory Note were publically notified in accordance with the Environmental Planning & Assessment Act 1979 between 2 October 2019 and 30 October 2019. No submissions were received.

·        The proposed agreement will result in a positive financial benefit. Council will receive $70,715 calculated in accordance with the formula contained in Council’s Dedication of Land Policy (and indexed to the time of payment) to be used towards the maintenance costs of the approved stormwater infrastructure. The agreement does not offset any Section 7.11 Development Contributions of $440,000 (or $20,000 per lot).

·        It is recommended that Council:

o   Adopts the Planning Agreement attached to this report;

o   Authorises the Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

o   Accepts the dedication of the land as provided for in the Planning Agreement; and

o   Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

Report

A Draft VPA has been prepared under Section 7.4 of the Environmental Planning & Assessment Act 1979. It is associated with a Development Application DA 826/2017 for land at 65 Tahmoor Road Tahmoor, which received Development Consent for a 23 lot residential subdivision on 28 February 2019. The Draft VPA proposes to make contributions (in addition to the Section 7.11 development contributions of $440,000 (or $20,000 per lot) and direct development works), which can be described as follows:

·        Construction of an Onsite Stormwater Detention Basin (OSD) Basin (of 92sq.m) required to service the development;

·        Dedication of proposed Lot 48 as a drainage reserve (with an area of 424sqm), within the meaning of the Local Government Act 1993; and

·        Payment of a monetary contribution in the amount of $70,715 to be applied towards the future maintenance of the OSD Basin for 35 years.

The offer secures the construction (by the Developer) of a detention (OSD) basin and bio-retention swale, the payment of a maintenance contribution towards 35 years maintenance of the stormwater infrastructure by Council and the dedication to Council by the owner of the land on which these works are located.

In summary, this is a relatively simple planning agreement and is being prepared because it is the only legal means for Council to accept money from a developer outside of the Section 7.11 process. The money received through the Planning Agreement is considered to be a public benefit as it will provide for the recurrent funding of maintenance required from the development, without having to use public money.

The draft VPA will provide benefit to Council and the community. It is consistent with many similar Agreements, which aim to ensure that Council is not unreasonably burdened by the maintenance costs of infrastructure associated with new developments.

 

Consultation

The Draft VPA and Explanatory Note were Publically Notified in accordance with the Environmental Planning & Assessment Act 1979 between 2 October 2019 and 30 October 2019. No submissions were received.

Financial Implications

The proposed agreement will result in a positive financial benefit. Council will receive $70,715 calculated in accordance with the formula contained in Council’s Dedication of Land Policy (and indexed to the time of payment) to be used towards the maintenance costs of the approved stormwater infrastructure. This will provide for approximately 35 years of maintenance. The agreement does not offset any Section 7.11 Development Contributions of $440,000 (or $20,000 per lot).

Attachments

1.       Draft Planning Agreement - 65 Tahmoor Road Tahmoor   

Recommendation

That Council:

1.       Adopts the Draft Planning Agreement attached to this report;

2.       Authorises the Acting Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

3.       Accepts the dedication of the land as provided for in the Planning Agreement; and

4.       Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

11.8       Draft Planning Agreement - 1550 Burragorang Road Oakdale

File Number:           10619#934

 

Executive Summary

·        The purpose of this report is to advise Council of the outcome of Public Notification for the draft Voluntary Planning Agreement (VPA) for 1550 Burragorang Road, Oakdale.

·        The Draft VPA and Explanatory Note were publically notified in accordance with the Environmental Planning & Assessment Act 1979 between 2 October 2019 and 30 October 2019. No submissions were received.

·        The proposed agreement will result in a positive financial benefit. Council will receive $603,541 calculated in accordance with the formula contained in Council’s Dedication of Land Policy (and indexed to the time of payment) to be used towards the maintenance costs of the approved stormwater infrastructure. The agreement does not offset any Section 7.11 Development Contributions of $1,523,995 (indexed from time of consent) or $12,595 per lot (which was the contributions at the time development consent was issued by Council).

·        It is recommended that that Council:

o   Adopts the Planning Agreement attached to this report;

o   Authorises the Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

o   Accepts the dedication of the land as provided for in the Planning Agreement; and

o   Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

Report

A VPA has been prepared under Section 7.4 of the Environmental Planning & Assessment Act 1979. The offer proposes to enter into a Planning Agreement to satisfy Condition 2(1) of Development Application (DA) 412/2016 which was approved by the Local Planning Panel on 19 April 2018 on for a 121 lot residential subdivision.

The draft VPA proposes to make contributions (in addition to Section 7.11 Development Contributions of $1,523,995 (indexed to the time of payment) and direct development works) which can be described as follows:

·        Construct stormwater infrastructure works required by the development;

·        Dedicate 1.43ha on which the stormwater infrastructure works are located at no cost to Council;

·        Undertake 5-years maintenance by the developer on the stormwater infrastructure; and

·        Pay a maintenance contribution to Council of $603,541 towards 30-years maintenance of stormwater infrastructure prior to the issue of the subdivision certificate;

In summary, this is a relatively simple planning agreement and is being prepared because it is the only legal means for Council to accept money from a developer outside of the Section 7.11 process.

The money received through the Planning Agreement is considered to be a public benefit as it will provide for the recurrent funding of maintenance required from the development, without having to use public money. The draft VPA will provide benefit to Council and the community. It is consistent with many similar Agreements, which aim to ensure that Council is not unreasonably burdened by the maintenance costs of infrastructure associated with new developments.

 

 

Consultation

The Draft VPA and Explanatory Note were Publically Notified in accordance with the Environmental Planning & Assessment Act 1979 between 2 October 2019 and 30 October 2019. No submissions were received

Financial Implications

The proposed agreement will result in a positive financial benefit. Council will receive $603,541 calculated in accordance with the formula contained in Council’s Dedication of Land Policy (and indexed to the time of payment) to be used towards the maintenance costs of the approved stormwater infrastructure. This will provide for approximately 30 years of maintenance, with the developer being responsible for the first year of maintenance in the road reserve. The agreement does not offset any Section 7.11 Development Contributions of $1,523,995 indexed from time of consent or ($12,595 per lot).

Attachments

1.       Draft Planning Agreement - 1550 Burragorang Road Oakdale   

Recommendation

That Council:

1.       Adopts the Draft Planning Agreement attached to this report;

2.       Authorises the Acting Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

3.       Accepts the dedication of the land as provided for in the Planning Agreement; and

4.       Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

  


Extraordinary Council Meeting Agenda

16 December 2019

 

12          Management and Provision of Infrastructure

12.1       Review of Council's Road Renewal Asset Management Strategy

File Number:           10619#942

 

Executive Summary

·        The purpose of this report is to update Council on the findings of an independent review of the road renewal asset management strategy.

·        Over recent years Council has implemented a new road renewal strategy and invested significantly more funds in road renewal. Council manages over 850km’s of roads and, with a relatively small population, allocating enough funds and resources is an ongoing challenge. It is recognised that there is still work to do to meet community expectations in regard to road renewal. However it is clear the new strategy is paying off, with a steady increase in road quality that is starting to be recognised by the community. 

·        It is recommended:

o   That Council note that the independent Road Management Review carried out by Jeff Roorda & Associates) identified that the current strategy is the best option to improve the road network as protecting undamaged pavements by resurfacing results in the lowest network life cycle cost.

o   That Council continue to work on integrating the systems and tools used to create one source of truth to provide predictive modelling and various funding scenarios to show that the current strategy is the correct one.

o   That Council develop an ongoing communication strategy to better inform and educate the community on our asset management strategy.

Report

With the adoption of the 2019/20 Operational Plan, Council requested an independent road expert review of Council’s road renewal strategy to look at the methodology used to prioritise and repair our roads.

The Strategy

Council adopted a revised Asset Management Strategy (AMS) in 2017 that addresses the challenge of managing the entire road network.

The Strategy includes identifying ‘intervention levels’ or ‘phases’ that reflect the life of a typical road. While most road structures (i.e. the underlying pavement) are designed for up to 80 years, the road surface, being exposed to direct contact with traffic and weather, deteriorates much quicker and typically lasts 10-15 years.

Whilst the road surface acts as the contact for vehicles (i.e. provides grip), just as critically it acts as a water proofing layer protecting underlying road pavement. If the surface is left to deteriorate, this leads to the surface cracking and allows water seepage into the road pavement, accelerating deterioration of the road, damage to the pavement and more expensive treatments to repair.

As such, Council’s AMS is a balance of ensuring road surfaces remain water proofed so that relatively good roads are maintained and not let to deteriorate, leading to much more expensive treatments in the future, while also having a road reconstruction program for those roads that are in poor condition.

Council’s AMS identifies programs into three phases.

Phase 1 - Scheduled Surface Treatment (Resealing or rejuvenation)

Applied when typically the road surface is no more than 15 years old with little or no surface defects.

Ideally, 100% of roads that require schedule surface treatment should be funded for resealing or rejuvenation as appropriate, preventing these roads from deteriorating to phase 2.

 

In 2019/20 Council have scheduled 35 road segments for Phase 1 works, totalling just over 7.4km of total road length, at a total estimated cost of $380,000 or approximately 3% of the overall Road Renewal Program.

Phase 2 - Heavy Patching & Surface Treatment

Typically these roads have not had a surface treatment applied in the last 10-15 years and have some surface defects. The budget for a phase 2 project is typically three times more expensive than a phase 1 project.

The worst roads in phase 2 should be prioritised first to prevent them from deteriorating into phase 3. Noting that some embellishment of the segment may have to be considered (at additional cost) such as widening, etc to bring the road up to a contemporary standard.

In 2019/20 Council have scheduled 52 road segments, a total road  length of 16.7km, plus 2 public car parks for Heavy Patching & Resealing at a total estimated cost of $4.2m or approximately 36% of the overall Road Renewal Program.

Phase 3 - Reconstruction

These are roads that have deteriorated to such an extent that full reconstruction is required. A phase 3 project is typically three times as expensive as a phase 2 project. And typically always a degree of embellishment is required, at additional cost, to bring the road up to a contemporary standard e.g. widening, drainage upgrades and guardrail.

Reconstruction works are carried out based on a priority system i.e. high usage/high priority roads.

In 2019/20 Council have scheduled 18 road segments, a total road length of 3.6km,  for full reconstruction at a total estimated cost of $7.2m or approximately 61% of the overall Road Renewal Program.

At the end of each financial year work priorities are reassessed and the program updated.

More funds for road renewal

Council has significantly increased the funding for road renewal in response to community feedback. In 2015/16 Council allocated $7.9m to pavement reconstruction and heavy patching works. In 2019/20, Council has allocated $16m for the overall Road Renewal Program

The Review

Council approached The Institute of Public Works Engineering Australasia (IPWEA) to request assistance with this review and were referred to Jeff Roorda & Associates, an asset management mentoring and consulting organisation. Jeff Roorda & Associates have worked extensively with a range of infrastructure asset custodians and regulators in Australia to develop better ways to engage community decision makers in wise management of infrastructure assets. The consultant agreed to review Council’s AMS and were provided with copies of the following documents:

·        Council’s Asset Management Strategy

·        The Six Year Transport Capital Works Program

·        Google Map Link to the Road Renewal Works Program

·        The Operational Plan

·        The Annual Financial Statements

Two subsequent meetings were held between the consultant and Council’s Manager Infrastructure Strategy & Planning, Infrastructure Coordinator and Asset Management Coordinator.

The Road Management Review obtained at the end of the consultant’s evaluation of our systems and strategy is attached for Council’s consideration.

The conclusion contained within the report states that “The evidence collected by this report confirms that WSC is adopting the correct treatment strategy but would benefit from implementing an integrated system that can produce alternate treatment scenarios to predict and communicate the cumulative consequences of the alternate treatment strategies and differing funding levels”.

 

 

The key findings were:

o   Council’s current strategy is the best option to improve the road network because protecting undamaged pavements by resurfacing on time results in the lowest network life cycle cost.

o   The systems and tools used need to become integrated as one source of truth where predictive modelling and various funding scenarios can be shown to ensure the current strategy is the correct one.

o   Council needs to develop an ongoing communication strategy to better inform and educate the community on our strategy.

The report highlighted that Council’s current strategy is the best option to improve the road network as protecting undamaged pavements by resurfacing to stop water damage before it occurs results in the lowest life cycle cost.

However, the review also noted there is further work required to further integrate the systems and tools used to be able to produce predictive modelling and funding scenarios. In turn, this will improve communication methods with the community by demonstrating the consequences of alternative treatment strategies.

In this regard, Council engaged a technical review of its asset management system within Council’s corporate management system (Authority) in 2017 and have been carrying out system integration and improvement works in order of priority since that time.

Consultation

Independent asset management consultant and internal staff.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       WSC Road Strategy Peer Review Report  

2.       Copy of Resolution 123 2019 Adoption of Operational Plan and Budget   

Recommendation

That Council:

1.   Note the Road Management Review carried out by Jeff Roorda & Associates.

2.   Note that the independent review identified that the current strategy is the best option to improve the road network as protecting undamaged pavements by resurfacing results in the lowest network life cycle cost.

3.   Note that the significant increase in funding allocated by Council to road renewal together with the current strategy is resulting in a considerable increase in roads being renewed, resurfaced and reconstructed across Wollondilly.

4.   Continue to work on integrating the systems and tools used to create one source of truth to provide predictive modelling and various funding scenarios to show that the current strategy is the correct one.

5.   Further improve the ongoing communication strategy to increase community understanding of the road renewal strategy and the work being undertaken to fix Wollondilly’s roads.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

12.2       Increase to Major Works Program 2019/20 - The Community, Cultural and Civic Precinct

File Number:           10619#968

 

Executive Summary

·        The purpose of this report is revise the Major Works Program within the 2019/20 Operational Plan, particularly in relation to fast-tracking design work for Stage 1 of the Wollondilly Community, Cultural & Civic Precinct.

·        This report recommends that $250,000 be introduced into the Buildings New Program of the 2019/20 Major Works Program from Reserves.

Report

In early 2019, Council was successful in securing funding to develop a Master Plan for the Wollondilly Community, Cultural & Civic Precinct under ‘Round 1’ of the Western Sydney City Deal - Liveability Program.

Subsequently, Council completed and adopted the Master Plan at its Ordinary Meeting of 19 August 2019 and immediately applied for $10.7m of Liveability Funding under ‘Round 2’ of the program as part funding for the $20.1 million Stage 1 implementation of the adopted master plan, with council funding the $9.4 million balance from a combination of infrastructure reserves and developer contributions.

Noting that the scope of Stage 1 has been modified from the description at the time of adoption of the master plan in August 2019 as the interoperability and stage components were refined as the application was being completed; however, these works do not impact on the overall estimated cost of the precinct at this time nor result in the use of any Liveability funds for the Council Administration facility. As required by the resolution adopting the master plan, a report is programmed for March 2020 to address Resolution 4 “That a future funding strategy come before Council to identify funding options excluding an SRV.” for the overall implementation of the master plan.

Whilst the Round 2 funding has yet to be announced, Council has been advised that the funding program requirement is now for the grant funding to be expended by June 2022, i.e. approximately 2.5 years, as distinct to the understanding at the time of the application that the end of the funding program was for grant funding to be expended by the 2023/24 financial year. Given the scope of the project, this requirement can be catered for; noting the remaining non-liveability funded components of Stage 1 are not tied to this milestone and can be completed after this date.

Given the program of scoping, design development, development application documentation, approvals, tendering and construction, it is proposed to immediately commence procuring scoping and design resources to achieve the overall program and minimise council’s delivery risk. As these works are currently not budgeted for under the 2019/20 Operational Plan it is necessary to introduce additional funds from Reserves to enable accelerated delivery, within council’s co-funding requirements under the Liveability Program, of components of the detailed investigation and design development phase of the project.

The recommended budget increase does not fully fund the design process and further adjustments may be required at subsequent Quarterly Reviews and the adoption of the 2020/21 Operation Plan pending confirmation and timing of the Liveability Program funding.

Consultation

Western Sydney City Deal - Liveability Program Delivery Office

 

 

 

 

 

Financial Implications

The introduction of $250,000 to the 2019/20 Major Works Program will increase the total approved expenditure within the Building Renewal Program (new) classification from $2,563,700 to $2,2,813,700. Sufficient funds exist within infrastructure reserves to enable these works to be brought forward.

Attachments

Nil

Recommendation

That $250,000 be introduced into the Building Renewal Program (new) of the 2019/20 Major Works Program from Reserves.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

12.3       Request for Development Application Fee Waiver for a Rural Fire Service Ancillary Facility

File Number:           10619#976

 

Executive Summary

·        The purpose of this report is to bring forward a request from the Bargo Volunteer Rural Fire Brigade for a Fee Waiver for the Development Application for the construction of an additional storage shed at 10 Avon Dam Road, Bargo.

·        It is recommended that Council waives the Development Application fee for the proposed storage shed.

Report

The Bargo Volunteer Rural Fire Brigade has developed plans for additional storage needs at the Bargo Brigade that require the construction of an approximately 6 x 7 metre pre-fabricated shed within the rear area of the existing facility at 10 Avon Dam Road, Bargo.

The proposed development is estimated to cost $10,760 and will require a Development Application (DA) and the estimated fee for processing the application and subsequent Construction Certificate (CC), etc is $1,721.

The Brigade has obtained alternative funding for the proposed construction, however has requested that the DA and CC fees be waived as the new shed will be a community supporting facility for their firefighting and other emergency operations.

Background and Other Considerations

The existing facility at 10 Avon Dam Road, Bargo was the subject of a DA and the proposed additional shed cannot be permitted to adversely impact on the compliance with the condition of consent. The most significant concerns being the requirements for on-site drainage. A preliminary assessment indicates that the proposed development will not adversely impact on compliance requirements and a final assessment will be undertaken as a part pf assessing the DA.

Pending development approval, the new shed and any ancillary fixed facilities will have to be brought onto Council’s asset register and will have small impact on Council’s operational costs.

Options

Council can:

1.       Approve the waiver of the DA & CC fees in the amount of $1,721.

2.       Council can decline the request.

Consultation

Not applicable

Financial Implications

No funding has been allocated for this request. The cost to Council is the time and resources of staff to process the DA. If approved, there will be a loss of external income that may have to be addressed in a future quarterly budget adjustment as there is no budget allocation under Shire Emergency Response & Planning budget to fund this request.

Attachments

Nil

 

 

 

Recommendation

That Council waives the Development Application fee for the proposed storage shed.

 

  


Extraordinary Council Meeting Agenda

16 December 2019

 

13          Caring for the Environment

13.1       Draft Stonequarry Creek Floodplain Risk Management Study & Plan - Public Exhibition

File Number:           10619#931

 

Executive Summary

·        The purpose of this report is to seek endorsement for the public exhibition of the two documents that make up the Draft Stonequarry Creek Floodplain Risk Management Study & Plan.

·        It is recommended that:

o   The Draft Stonequarry Creek (Picton) Flood Study Update be placed on public exhibition for a period of at least 28 days.

o   The Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan be placed on public exhibition for a period of at least 28 days.

o   A further report come back to Council following the public exhibition.

o   That Council write to the Member for Wollondilly, Mr Nathaniel Smith, requesting funding for the preparation of a master plan for Stonequarry Creek to enable the efficient management of the flood modification recommendations and deliver additional long term benefits to the community that leverage off necessary floodplain management works.

Report

The NSW Government’s Floodplain Development Manual provides a framework to ensure the sustainable use of floodplain environments and incorporates the NSW Flood Prone Policy. Under the Policy, floodplain risk management of flood liable land rests with Local Government, with State Government subsidising flood mitigation works to alleviate existing problems and providing specialist technical advice to assist councils in performing their floodplain management responsibilities.

The Policy provides for technical and financial support by the State Government through six steps:

1.   Establishment of a Floodplain Risk Management Committee

2.   Data Collection

3.   Flood Study - determines the nature and extent of flooding.

4.   Floodplain Risk Management Study - evaluates risks and management options for the floodplain in respect of both existing and proposed development

5.   Floodplain Risk Management Plan - involves formal adoption by Council of a plan of management for the floodplain

6.   Implementation of the Plan - flood readiness and response plans, construction of flood mitigation works to protect existing development and use of planning controls (eg LEP, DCP) to ensure new development is compatible with the flood hazard.

Council in December 2017 recommended public exhibition of a draft Stonequarry Creek Flood Study - (Advisian 2017) (i.e. Step 3 of the process). The public exhibition was undertaken in early 2018 in conjunction with the commencement of the Stonequarry Creek Floodplain Risk Management Study (i.e. Step 4) by WMAwater.

WMAwater have reviewed the Advisian Flood Study with respect to its sensitivity to new rainfall information and significant changes to industry guidelines. Following this review, the Floodplain Risk Management Committee have endorsed and recommended the updated flood modelling.

The updated flood modelling has been documented as the Draft Stonequarry Creek (Picton) Flood Study Update. The Flood Study Update formed the basis for the subsequent work on the Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan.

 

The Stonequarry Creek Floodplain Risk Management Study outlines the assessment of potential mitigation options that fall into three broad categories:

·        Response Modification - changes to the flood response

·        Property Modification - changes to properties including controls on future development

·        Flood Modification - changes to the flood behaviour through constructed works

The Wollondilly Floodplain Risk Management Committee considered presentations from WMAwater on the options being assessed with the Stonequarry Creek Floodplain Risk Management Study at a number of meetings. On 26 August 2019, the Committee agreed to recommend ‘in principle’ that Council place the Floodplain Risk Management Study & Plan on public exhibition.

The options that have been assessed as warranting further consideration form the basis of the Floodplain Risk Management Plan and these are:

·        Response Modification Recommendations

o   Investigation of Flood Warning System

§  Review of current system and trigger levels

§  High level assessment of alternatives

o   Improve Emergency Response Coordination

§  Regular meetings of all responders (including ground staff and decision makers)

§  Build relationships between Council, SES and Fire & Rescue

§  Improve Volunteer Deployment

o   Implement an ongoing and collaborative community education program to maintain and improve flood awareness in Picton

·        Property Modification Recommendations

o   Amend Wollondilly LEP 2011 to:

§  Revise definition of FPA and FPL based on outcomes of this study

§  Requirement for development consent for critical facilities between the FPA and PMF

o   Amend Wollondilly DCP 2016 to:

§  Utilise mapped outputs and modelling tools from this study

§  Consider advice regarding controls relating to basement carparks and community facilities

o   Provide information to Residents via S10.7 Planning Certificates

o   Investigate Temporary Flood Barriers for application in Picton

·        Flood Modification Recommendations

o   Feasibility Study for a detention basin on Stonequarry Creek upstream of Picton

o   Argyle Street Stormwater Pipe Upgrade

o   South Picton Diversion Bank

o   Menangle Street Culvert Upgrade

o   Feasibility Study to Investigate Voluntary Purchase in Picton in the floodway

o   Current vegetation management program to be continued and reviewed periodically

Following the engagement and considering the feedback gained through that process by the Floodplain Risk Management Committee, a further report will be forwarded to Council for the consideration to adopt a Floodplain Risk Management Plan (i.e. Step 5) before proceeding to seek funding for staged implementation  (i.e. Step 6).

 

Additional Opportunities

 

The Flood Modification Recommendations include the continuation of the current vegetation management program and the consideration of property purchases in Picton along Stonequarry Creek.

 

These potentially flood effective options also provide an opportunity for operational efficiency improvements and ancillary economic and social development if considered in a wider context that may reduce the annual costs to council following the initial improvement works, subject to suitable funding being allocated for the flood improvement works.

 

The northern bank of Stonequarry Creek from Picton Square through to the Viaduct at Webster Street have previously been identified as a potential scenic walkway and pedestrian connectivity route.  The development of a master plan for this location, funded from non-flood management sources, may enable the delivery of longer term benefits to the community and enable the effective and efficient management of the flood improvements works on a sustainable basis.

 

It would be appropriate to seek additional funding, from non-floodplain management funding programmes, to deliver additional community value as well as reducing the long term management impost of the proposed flood modification works.

Consultation

Consultation with the community for the Stonequarry Creek Floodplain Risk Management Study commenced with the formation of the Wollondilly Floodplain Risk Management Committee and subsequent public exhibition of the Stonequarry Creek Flood Study - Final Draft (Advisian 2017).

The Wollondilly Floodplain Risk Management Committee has guided the Stonequarry Creek Floodplain Risk Management process since its formation in 2017. The community representative membership of the Committee was expanded in 2018 with the addition of two additional members.

The proposed public exhibition of the two documents that make up the Draft Stonequarry Creek Floodplain Risk Management Study & Plan will include extensive community consultation.

Financial Implications

Funding for the completion of the Flood Study and Risk Management Study Plan is allocated under the 2019/20 budget.

 

Upon adoption, the Risk Management Study & Plan will inform budgetary processes for the preparation of future Delivery strategies and Operational Plans.

Attachments

1.       Minutes of Wollondilly Floodplain Risk Management Committee - 26 August 2019  

2.       Draft Stonequarry Creek (Picton) Flood Study Update - WMAwater  

3.       Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan (Volume 1 - Main Report and Appendices) - WMAwater  

4.       Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan (Volume 2 - Figure Sets A & B) - WMAwater   

Recommendation

1.       That the Draft Stonequarry Creek (Picton) Flood Study Update be placed on public exhibition for a period of at least 28 days.

2.       That the Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan be placed on public exhibition for a period of at least 28 days.

3.       That a further report come back to Council following the exhibition.

4.       That Council write to the Member for Wollondilly, Mr Nathaniel Smith, requesting funding for the preparation of a master plan for Stonequarry Creek to enable the efficient management of the flood modification recommendations and deliver additional long term benefits to the community that leverage off necessary floodplain management works.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

13.2       Macarthur Centre of Sustainable Living

File Number:           10619#950

 

Executive Summary

·        The purpose of this report is to seek a decision on the financial support for the Macarthur Centre of Sustainable Living.

·        This report recommends that:

o   Council continue to support the Macarthur Centre of Sustainable Living (MCSL) for 2019/20 and 2020/21, noting Council has provided $20,000 sponsorship for 2019/20

o   The $20,000 saving beyond 2020/21 in priority projects under Council’s Waste and Sustainability training programmes and other priority programmes such as feral animal management.

Report

Council has supported the Macarthur Centre of Sustainable Living (MCSL) alongside Campbelltown and Camden Councils since 2006. An annual donation has been provided to support the centre to fund its operations. The MCSL has been providing regional sustainability education initiatives since 2006. It is recognised that this facility contributes sustainability value to the region and the greater Macarthur area and the MCSL have requested that the financial support be continued beyond 2019/20.

It is recognised that a formal endorsement is required and, additionally, to highlight the support by Council to date.

Council’s contribution has been $20,000 per annum and this has been formerly supported from the Waste & Sustainability Improvement Projects (WaSIP) funding and in recent years comes directly out of Council’s Waste Education Budget without a consequent increase in budget allocation. The Waste Team budgets approximately $80,000 per annum on waste education which focuses on bin contamination, clean up presentation, recycling/resource recovery information and Household Chemical CleanOut days.

Council delivers its own waste education programmes and also undertakes sustainability initiatives through the Schools Program and at the Wollondilly Community Nursery.

Additionally, Council utilises the Better Waste Recycling Fund (BWRF) to support the Regional Illegal Dumping Officer (RID) and the delivery of the SustainaDilly Courses/Workshop and litter initiatives throughout the Shire. The BWRF varies annually, however, is approximately $85,000 per annum.

Attached to this report is the annual Report prepared by MCSL. This report indicates that participation by Wollondilly residents is low compared to council’s own education and engagement programmes provided within Wollondilly and at a higher unit cost.

Attachments

1.       MCSL  Annual Report - July 2018/June 2019   

Recommendation

That Council:

1.       Continue to support the Macarthur Centre of Sustainable Living (MCSL) for 2019/20 and 2020/21, noting Council has provided $20,000 sponsorship for 2019/20.

o   Write to the MCSL indicating that Council intends to no longer support the Centre beyond 2020/21 as Council considers sustainability outcomes for the Wollondilly community can be achieved by investing the funds in local programs.

2.       Invest the $20,000 saving for 2020 in priority projects under Council’s Waste and Sustainability training programmes and other priority programmes such as feral animal management.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

13.3       Agricultural Enterprise Credit Scheme

File Number:           10619#956

 

Executive Summary

·        On 17 February 2017 Council resolved for a report to be tabled investigating and providing recommendations on the feasibility of Council establishing a market based Agriculture Enterprise Credit Scheme (AECS) that will provide reward for food production for farmers in the PeriUrban areas in Wollondilly. 

·        As part of this investigation Council and the Rural Industry Liaison Advisory Committee (RICAC) worked in partnership with the Institute for Sustainable Futures (ISF) to research and further refine the initiative. 

·        This report outlines the findings of this research and recommends the next steps required to encourage the development and implementation of a framework for the Scheme, to enhance food production, improve economic viability for our farmers and improve resilience issues for the Sydney Basin.

·        It is recommended that Council:

o   Thank and acknowledge Dr Samantha Sharpe for her extensive and innovative work carried out for a proposed Agricultural Enterprise Credit Scheme (AECS);

o   Thank and acknowledge the Rural Industry Community Advisory Committee, in particular  Mr Ed Biel, for the ongoing advocacy and commitment to this initiative;

o   Include the Agriculture Enterprise Credit Scheme in a review of the Voluntary Planning Agreement Policy to provide greater direction to proponents on Council’s expectations for planning agreements including contribution towards a significant and demonstrable community benefit;

o   Request the revised Voluntary Planning Agreement Policy include a requirement for the contribution to be used towards the retention and enhancement of agricultural land used for food production within the Wollondilly Shire under the Agricultural Enterprise Credit Scheme;

o   Include the Agricultural Enterprise Credit Scheme in the State Issues Paper to continue to advocate for the NSW Government to acknowledge this approach and investigate the implementation of an Agricultural Enterprise Credit Scheme across NSW to enhance food production, improve economic viability for farmers and improve resilience as resolved at the 2017 NSW Local Government Conference ; and

o   Raise this matter at the Sydney PeriUrban Network (SPUN) as an advocacy issue

Report

On 17 February 2017, Council resolved for a report come to be tabled investigating and providing recommendations on the feasibility of Council establishing a market based Agriculture Enterprise Credit Scheme (AECS) that will provide reward for food production for farmers in the PeriUrban areas in Wollondilly, and that the investigation include extensive input from the Rural Industry Liaison Advisory Committee.

Wollondilly Shire Council submitted this motion to the 2017 Annual Local Government Conference where it was also resolved that Local Government NSW advocate for the NSW Government to investigate the implementation of an Agricultural Enterprise Credit Scheme across NSW to enhance food production, improve economic viability for farmers and improve resilience. LGNSW have been informed there is no funding for the scheme at this time and to contact the Department of Primary Industries to further discuss the initiative.

 

 

A partnership has been developed between Council, RICAC, and the Institute for Sustainable Futures (ISF) to research and explore the schemes model and funding opportunities through the development of a case study, as part of the Financing Innovation and Climate Change adaptation project. This research has been conducted over the past 18 months under the guidance of a RICAC working group and the results were presented to the 2 October 2019 RICAC meeting. 

Following is a summary of the research findings.

Why peri-urban agriculture?  -  Purpose of the research and Value of co-benefits

The purpose of the research was predicated on the desire to preserve and enhance PeriUrban agriculture in Wollondilly. Agriculture is important in Wollondilly for economic activity, employment, cultural heritage and identity of the region.

Currently agricultural activity in the area is facing pressures of increased urban encroachment causing tensions with neighbouring land uses, increased land costs, reduced number of size of producers, and wider lack of strategic metropolitan planning for PeriUrban agriculture.

PeriUrban agriculture is also recognized for broader co-benefits to the community such as less reliance on global food systems, less transport and wastage, and potential for less GHG emissions.

PeriUrban agriculture can provide a range of benefits such as:

•        Cultural services – protection of a cultural landscape, integration of different cultural backgrounds through agriculture, recreation, provision of culturally appropriate food and health benefits

•        Biodiversity, and/ or the potential for enhancing biodiversity on land that would otherwise be developed

•        Regulatory services - regulating flood waters, storm protection, provision of biodiversity corridors, waste absorption, and enhancing water and air quality

The research project involved a background literature review that positioned the AECS within the existing policy and practice context and included a comparative analysis of how the AECS would work in comparison with other financial mechanisms with the same or similar aims of protecting agricultural land and encouraging food production, through a market-based credit scheme.  The research included a background analysis of financing and funding mechanisms used globally and reviewed studies determining the contribution of urban agriculture to city climate resilience, connecting the importance of supporting PeriUrban agriculture.

Stakeholder interviews were undertaken and analysed to determine the dimensions of viability for different agricultural activities assisting in how the credit scheme would assist agricultural producers in achieving a higher level of viability.

The use of PeriUrban agriculture and its contribution to the adaptive capacity of the region, as an alternative model of financing community-based adaptation activities, was explored. Adaptation activities include the preservation of peri-urban ‘green’ space and the support and encouragement of expanding PeriUrban food systems, contributing to food resilience in the Sydney metropolitan area. To date there has been little systematic evidence demonstrating these benefits.

The approach to the research included a conceptual development of the AECS, understanding of PeriUrban agricultural production costs and how the credit scheme would contribute to enhanced viability. Operational parameters of the scheme were explored, including how credits could be awarded, allocated and the mechanisms to support both.

A review of financing Urban Agriculture was undertaken where it was found limited models were available supporting the protection of PeriUrban agricultural lands, and PeriUrban agricultural production. These models included:

•        Differential rates and rate cross-subsidies

•        Exempt development conditions

•        Land tenure changes

•        Transferable development rights (US, limited examples in Australia)

•        Agri-environmental scheme (European) – encourages farmers to adopt more environmentally friendly farming practices (less inputs, adopting organic farming).

•        Various community supported agriculture and multi-functional agricultural business models.

The Aim of the Agricultural Enterprise Credit Scheme

The Scheme is an innovative, production based financial incentive for farmers to encourage continued agricultural production and additional production in non-productive agricultural PeriUrban land.

The concept of the scheme is modelled from the City of Sydney’s Heritage Floor Space Scheme where Farmers can earn saleable “credits” that will be held in a “bank” where they can be purchased by developers to use to intensify or vary proposed residential properties.

The scheme is designed as a response to the need to preserve agricultural lands under threat from the Greater Sydney Urban areas expansion; where agricultural land is lost to urban development and available land id further fragmented. It is envisaged the AECS will be a mechanism to balance the housing needs of a growing population against its need for food. 

The AECS aims to provide farmers on existing productive land with an incentive to further invest in their business and encourage sustainable, long-term agricultural land uses, as well as encourage owners of non-productive PeriUrban land to convert their land into food producing land.

Farmers views on viability of farming operations in Wollondilly

Most farmers interviewed had been operating in the area for decades, some for generations. Most interviewed were predominantly family farms where planning for the next generation to enter the farm was critical to their desire to continue farming activities in Wollondilly.

The types of agricultural produced in Wollondilly have changed over time, in response to market conditions (including structure of market and dominance by supermarkets – where farmers are left as price takers in wholesale market), technology (particularly cold storage) and increased labour costs.

This has led to diversification strategies on-farms including increased value add activities, eco-tourism and multi-functional farming operations.

Farmers also identified the cost of land as a significant limitation on expansion of farming activities (to achieve scale) and ability of new farmers to start-up in Wollondilly.

All farmers interviewed suggested they would participate in the scheme, as long as scheme benefits exceeded the costs. 

There were various views on the metric for awarding credits – weight, value, yield/ha. Income (verified through the taxation system) was identified as the most appropriate means of assessing and awarding credits to farmers. The Scheme would be restricted to farmers classified as ATO verified primary producers. Further restrictions to benefit smaller producers could also be accommodated through awarding of credit, for example by using a multiplier for the credits of agricultural producers below a certain income level.  

Farmers identified other activities to consider in supporting PeriUrban Agricultural activities such as:

•        Rate reductions for primary producers

•        Reductions in DA costs/ conditions associated with farm infrastructure

•        Regional branding/ marketing strategies

•        Support for learning and innovations in multi-functional farming, including moving into eco-tourism and farm gates sales

•        Facilitation of circular economy strategies for agricultural around organic inputs and bi-products e.g. fruit skins and pulp as feedstocks to other producers.

Developer perspectives on PeriUrban Agriculture and the AECS

Interviews with developers and associated stakeholders on the credit allocation side were undertaken to establish if there was demand for high densities (where and under what circumstances), was this possible under existing plans and how much additional costs (from credits) could be absorbed before there was a changed financial structure of development. This group was asked if they would they participate in the scheme and if there was ability to limit increasing densities from other sources.

The following responses were highlighted: 

•        Importance of rural amenity/ agricultural activity was not identified as a critical factor to buyers – nice to have but not part of decision making criteria. Critical factors are the cost for land size, transport connections and availability of local services.

•        Urban Development Zone - No need/ value for further densities beyond what is currently available, need a mix of land sizes for customers.

•        30% are first home buyers and South West Sydney is a price sensitive market.

•        Viability of sites is a mixture of land costs, construction costs, contributions so it is the combination of price + sales volume + economies of scale = viability for a particular development.

•        Other options available to support PeriUrban Agriculture include:

Support for awareness raising of other/ new business models for peri-urban agriculture.

Land tenure changes.

Rate/ Rate cross-subsidies for agricultural producers in MRA with non-agricultural producers.

Stronger protections for farmers in the MRA including exempt development and reduced notification obligations on farmers for farm equipment and activities when in MRA.

Planning Stakeholders perspectives on PeriUrban agriculture and the AECS

Planning Stakeholders identified the merits of the Scheme in light of the impending development activities identified for the area and advised that for positive acceptance of the scheme, a strong narrative on the importance of agriculture to the region is required in all related planning documents.

Feedback encouraged a need for clarity about the specific outcomes the scheme would achieve and why this is the best way of achieving this. The current well-defined Metropolitan Rural Area (MRA) and other policy and supportive structures were seen as sufficient to achieve the same objectives that the AECS was seeking.

There was strong support that a scheme such as the AECS could provide developers with a proactive social licence demonstrating their good corporate citizenship and responsibility towards the environment and rural character of the area. This approach could also encourage and raise awareness of the value of farming, rural lands, vistas and cultural amenity of the PeriUrban area.

The use of the Subdivision 2 Planning agreements s7.4 (1) & (2) Planning agreements (cf previous s93F) of the Environmental Planning and Assessment Act 1979 No 203 was recommended as a more appropriate planning policy framework and funding mechanism that could be aligned with outcomes identified in the Community Strategic Plan (CSP) and Local Strategic Planning Statement (LSPS).  This mechanism allows a Voluntary Planning Agreement (VPA) or other arrangement under this Division for a contribution to be used for or applied towards a public purpose.

 

This public purpose includes (without limitation) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land, the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing, transport or other infrastructure, the monitoring of the planning impacts of development and the conservation or enhancement of the natural environment.

The establishment of an AECS through a potential Agricultural Futures Fund, through this mechanism, could be implemented and evaluated over a review period. The following framework would need to be considered and established for this to proceed:

•        The purpose of the funds with clear links to the Community Strategic Plan and Local Strategic Planning Statement;

•        A Framework to distribute the funds for this purpose (possibly Council’s Community Grant Funding Framework) with a review period; and

•        A review of the current Voluntary Planning Agreement (VPA) Policy to include the concept

Research findings - How the AECS would work

Based upon the research and feedback a pilot version of the AECS model funded from a pool of funds collected via Voluntary Planning Agreements would require the following further actions:

•        Need to create a register of agricultural businesses, and their production activity, as well as a process for annual reporting and verification;

•        Need to determine the criteria of expected outcomes for accessing the scheme including the commitment to particular activities such as sustainable agriculture, local food markets or similar activities;

•        Need to consider and include which agricultural businesses would be part of the AECS trial, and whether further selection criteria would apply, for example restriction on:

Type of agricultural products

Size of business (turnover/ employees etc.)

Interaction with local markets

•        Scheme rules for awarding credits annually, and based on production ATO verified primary producer sales)

•        Scheme rules for determining the fixed value of credits for the trail and sale and holding conditions of credits (e.g. when they can be sold, how, by who, when credits can be held, and for how long)

•        Scheme rules for the formation of an Agricultural Future Fund with contributions via voluntary contributions over a review period

Consultation

•        Institute for Sustainable Futures (ISF)

•        Rural Industry Community Advisory Committee (RICAC)

•        Executive Leadership Group

•        Strategic Planning

•        Tourism and Business Investment

•        Wollondilly Farmers

•        Developers

•        Department Planning. Industry and Environment (DPIE)

 

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       Rural Industry Community Advisory Committee minutes - 2 October 2019  

2.       AECS - Analysis and conceptual development - presentation to RICAC - 2 October 2019   

Recommendation

That Council:

1.       Thank and acknowledge Dr Samantha Sharpe for her extensive and innovative work carried out for a proposed Agricultural Enterprise Credit Scheme (AECS);

2.       Thank and acknowledge the Rural Industry Community Advisory Committee, in particular  Mr Ed Biel, for the ongoing advocacy and commitment to this initiative;

3.       Include the Agriculture Enterprise Credit Scheme in a review of the Voluntary Planning Agreement Policy to provide greater direction to proponents on Council’s expectations for planning agreements including contribution towards a significant and demonstrable community benefit;

4.       Request the revised Voluntary Planning Agreement Policy include a requirement for the contribution to be used towards the retention and enhancement of agricultural land used for food production within the Wollondilly Shire under the Agricultural Enterprise Credit Scheme;

5.       Include the Agricultural Enterprise Credit Scheme in the State Issues Paper to continue to advocate for the NSW Government to acknowledge this approach and investigate the implementation of an Agricultural Enterprise Credit Scheme across NSW to enhance food production, improve economic viability for farmers and improve resilience as resolved at the 2017 NSW Local Government Conference; and

6.       Raise this matter at the Sydney PeriUrban Network (SPUN) as an advocacy issue.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

13.4       Feasibility of Weekly Kerbside Garden Organics & Recycling Collections

File Number:           10619#974

 

Executive Summary

·        The purpose of this report is to provide information on the feasibility of a trial of weekly kerbside garden organics and recycling collections during summer months and to advise Council of other options available to those residents who require additional bin capacity.

·        This report recommends that Council:

o   Note that providing a weekly kerbside garden organics and recycling bin trial is feasible but would come at an increase in costs for all residents.

o   Note that an alternative option to achieve the objective is that individual residents that require additional capacity contact Council to purchase an additional organics bin service and/or recycling bin service for their property.

o   Continue to provide the “best practice” alternating week servicing of garden organics and recyclable bins.

o   Further promote the effective use of the domestic waste services including the facility for residents to request additional bins to increase their individual waste disposal capacity.

Report

Council resolved at its meeting of 19 August 2019:

1.       That a report come back to Council on the feasibility of conducting a trial of weekly green and/or recycling bin pickups during the summer months or other options to address inadequate bin capacity issues for residents.

2.       That further as part of this report, Council look at the tip fees.

Current Service:

Council currently provides a three bin domestic waste collection and processing/disposal service to most residential properties across the Local Government Area (LGA). Garbage bins are emptied weekly and garden organics and recyclables bins are emptied fortnightly on alternating weeks. This configuration of bins and collection frequency is considered by the NSW Environment Protection Authority to be best practice. Of the 32 Sydney metropolitan councils, 22 currently provide this configuration. Only two councils provide a weekly recyclables and garden organics collection service (Camden and Willoughby).

Recognising that each household generates differing amounts of each waste stream, Council enables residents to tailor their individual needs by offering:

·        Variable garbage bin sizes (80 litres, 120 litres or 240 litres)

·        Variable recyclables bin sizes (240 litres and 360 litres)

·        Provision of additional garbage, recyclables and garden organics bins (Note: 360 litre bins are not available for garbage or garden organics due to the potential for excessive weight)

Annual domestic waste charges vary depending on the size and number of bins chosen by each household. For example, an additional garden organics bin costs $71.40 per year ($1.37 per week) and an additional 240 litre recyclables bin costs $54.50 per year ($1.05 per week).

Currently, residents may request or cancel additional bins as often as required, at no additional charge for delivery or removal of the additional bin(s). Additional bins are generally delivered within two days after the request is lodged.

 

In addition to the kerbside bin service, Council’s Bargo Waste Management Centre offers:

·        Free drop-off for ‘commingled’ recyclables (i.e. all materials that are accepted in the yellow lid bin), and

·        Garden organics drop-off at $27.50 per cubic metre (approximately $6.60 per 240 litre bin).

Feasibility of Weekly Garden Organics & Recyclables Collections

Following the request for this report, Council’s domestic waste collection contractor was asked to provide pricing for the provision of weekly servicing of garden organics and recyclables bins during summer months.

It is uneconomical and operationally impractical to provide a weekly garden organics or recyclables collection service to individually targeted properties across the LGA on an individual user-pay basis. Accordingly, the estimated costs are conditional on a whole of Shire adjustment to the collection program for all residential premises currently receiving a domestic waste collection service.

Based on an estimated increase in waste collection and disposal of between 10% and 25% by doubling pick up rate, the estimated additional cost to every household that is currently eligible for a domestic waste service across the LGA, whether or not that household requires the additional service, would be between $1.79 and $1.94 per week. This equates to an additional LGA-wide cost of between approximately $33,000 and $36,000 per week.

Provision of the LGA-wide service would require the temporary engagement of additional staff and additional collection vehicles to the fleet. The introduction of two additional collection runs would significantly increase the domestic waste operation’s carbon footprint.

Tonnage collection data suggests that the current waste collection frequency and available bin configurations meet the needs of the majority of households across the Wollondilly LGA, while for a smaller number the service falls short of residents’ needs or expectations during certain times of the year, such as:

·        For four to six weeks during autumn where properties have a large number of deciduous trees;

·        From mid-October to early March for properties with large turfed areas; and

·        During the festive season when residents produce an increased quantity of cardboard, paper packaging and beverage containers.

Data collected by Council indicates that over the past three years total annual tonnages of garden organics and recyclables have declined. In the case of garden organics, this is likely to be due to drought conditions. In the case of recyclables, this is likely to be due to the introduction of the Container Deposit Scheme.

For the minority of residents whose need for additional disposal services increases during peak periods, the flexible services that are currently available both at the kerbside and at the Bargo Waste Management Centre are considered to be more economically and environmentally viable.

During December, Council will be advertising the availability of additional bins and the free year‑round drop-off service for ‘yellow lid’ recyclables at the Bargo Waste Management Centre. At the same time, Council will promote a newly introduced service being free drop-off for expanded polystyrene at the Bargo Waste Management Centre. This promotion will be timely as residents dispose of larger volumes of this product over the festive season. Advertising will appear in local newspapers as well as Council’s Facebook page and website.

Consultation

Not applicable

Financial Implications

No funding has been allocated for a trial. Should a weekly collection service be implemented an adjustment to the Fees & Charges would be required.

Council’s public education campaign to promote the effective use of Council’s domestic waste services.

Attachments

Nil

Recommendation

1.       Note that providing a weekly kerbside garden organics and recycling bin trial is feasible but would come at an increase in costs for all residents

2.       Note that an alternative option to achieve the objective is that individual residents that require additional capacity contact Council to purchase an additional organics bin service and/or recycling bin service for their property

3.       Continue to provide the “best practice” alternating week servicing of garden organics and recyclable bins.

4.       Further promote the effective use of the domestic waste services including the facility for residents to request additional bins to increase their individual waste disposal capacity.

  


Extraordinary Council Meeting Agenda

16 December 2019

 

14          Looking after the Community

14.1       Revision of Social Media Policy - CP0032

File Number:           10619#944

 

Executive Summary

·        The purpose of this report is to update Council’s Social Media Policy

·        It is recommended that the revised Social Media Policy be adopted.

Report

Council’s Social Media Policy was first adopted in December 2015 to address the increasing use of social media as a communications tool by Council and the community.

The Social Media Policy has now been reviewed with minor changes to language and phrasing to better reflect the current social media landscape.

The main change to the content of the document is the inclusion of section 4.7 ‘Roles and Responsibilities of Councillors.’

This information addresses some of the issues that may be faced by Councillors as they relate to community members through social media and reflects the Councillor Handbook 2017 which states, “Most councils now use Twitter, Facebook©, LinkedIn©, Pinterest© and other social media to engage local communities. As an elected member you will need to find out what social media policies and guidelines exist for your council and apply them accordingly”.

Section 4.8 has also been added, covering ‘Staff Assistance provided for Councillor’s Social Media.’ This outlines the type of support staff can provide to Councillors in the social media space.

Consultation

Communications and Engagement staff have consulted with Council’s Governance staff and have sought input from other councils on their social media policies.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       Track Changes - Social Media Policy  

2.       DRAFT Social Media Policy   

Recommendation

1.       That the revised Social Media Policy be adopted.

2.       That staff and councillors are made aware of the Social Media Policy.

 

  


Extraordinary Council Meeting Agenda

16 December 2019

 

15          Efficient and Effective Council

15.1       Ordinary Council Meeting and Community Forum Dates – 2020

File Number:           10619#831

 

Executive Summary

·        The purpose of this report is to set the Ordinary Meeting and Community Forum scheduled for 2020.

·        It is recommended that the Ordinary Council Meeting and Community Forum dates for 2020, as outlined in this report, be adopted and advertised.

Report

Ordinary Council Meetings and Community Forums are held at Council’s Administration Building, 62-64 Menangle St, Picton. Community Forums are held on the second Tuesday of each month and Ordinary Council Meetings on the third Tuesday of each month commencing at 6.30pm.

The schedule proposed for 2020 is as follows:

Month

Community Forum

Ordinary Meeting

February

11th

18th

March

10th

17th

April

14th

21st

May

12th

19th

June

9th

16th

July

14th

21st

August

11th

18th

September

*Special meeting

To be confirmed

October

13th

20th

November

10th

17th

December

8th

15th

 

The schedule is varied in April and June due to Easter and the Queen’s Birthday public holiday respectively. In 2020, the Local Government Conference will be held from 11 – 13 October, which will coincide with the Community Forum for that month.

*A special meeting is proposed for the end of September 2020 following the outcome of the 2020 Local Government Election. The purpose of this meeting will be to elect the Deputy Mayor and to deal with other matters related to the appointment of the new Council.

Consultation

All Managers and Executive were consulted to ensure the schedule aligned with any known deadlines for third party reporting. Local Government NSW were consulted as to the dates for their 2020 Annual Conference.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

 

 

 

Attachments

Nil

Recommendation

That the Ordinary Council Meeting and Community Forum dates for 2020, as outlined in this report, be adopted and advertised.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.2       Review of Gifts and Benefits Policy

File Number:           10619#626

 

Executive Summary

·        The purpose of this report is to review the Gifts and Benefits Policy.

·        It is recommended that the Gifts and Benefits Policy be adopted.

Report

Council’s adopted Code of Conduct has information in relation to Gifts and Benefits. In addition, Council has an established Gifts and Benefits Policy which provides further guidance for Councillors, Staff and Council representatives when they have been offered gifts and benefits. In line with Council’s program for review of Council policies, this policy has been reviewed by the Corporate Governance Team and no changes are proposed.

Consultation

Principal Corporate Governance Officer

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

1.       Draft Gifts & Benefits Policy   

Recommendation

That the Gifts and Benefits Policy be adopted.

 

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.3       Councillor Attendance and Expenses Reporting

File Number:           10619#580

 

Executive Summary

·        This report is in response to a Notice of Motion from 20 May 2019.

·        Detailed is Councillor Attendance at Council meetings, Community Forums, Conferences, Workshops and Committees of Council with nominated Cr members along with a summary of Councillor Fees and Expenses for last financial year.

·        Ongoing six monthly reporting of attendance and expenses on Council’s website is consistent with our adopted Councillors Fees, Expenses and Facilities Policy and regarded as the most effective way to provide openness and transparency to the public.

·        It is recommended that the Councillor attendance and provision of expenses and facilities information be tabled and published on Council’s website on a six monthly basis.

Report

On 20 May 2019, via a Notice of Motion Council resolved:

“That a report come to Council relating to attendance of councillors at council meetings, forums, conferences and workshops and any related expenses and that it be considered to make the reporting of this a part of quarterly and yearly reviews.”

In line with this resolution, good governance and transparency Councillor Attendance records for this term of Council and related expenses for the last financial year is provided.

Meeting and Conference Attendance – September 2016 to November 2019

 

Total Number of Meetings

Cr Banasik

Cr Briggs

Cr Lowry

Cr Deeth

Cr Hannan

Cr Gould

Cr Landow

Cr Khan

Cr Smith*

 

Council Meetings

50

45

45

49

48

48

50

45

40

18 of 35

 

Community Forums

35

28

29

33

34

33

32

23

23

8 of

23

 

Cr Briefings /Workshops

80

56

69

74

79

69

76

42

66

13 of 56

 

Committees with Cr Membership

Varies

35 of

54

12 of 23

35 of 47

6 of

13

18 of

39

8 of

10

2 of

12

20 of 64

1 of

 9

Conferences

Varies

13

3

4

6

10

1

Nil

3

Nil

* It is noted that, Cr Smith became a Councillor in November 2017 therefore his attendance is over a reduced number of meetings. Former councillors have not been reported on.

 

Council’s Code of Meeting Practice requires all councillors to make reasonable efforts to attend meetings of the council and of committees of the council of which they are members. Councillor attendance at the many additional activities and events accepted by invitation across the Shire are in addition to Councillor Briefings, Community Forums, Council Meetings and attending to such civic duties attributes to many hours representing Council above and beyond the basic requirement. 

 

It is also important to note that attendance alone is not a true indication of a Councillors commitment to their role. Councillors have many different external responsibilities and obligations that impact on their ability to attend meetings.

Leave of Absence Periods

 

2017

2018

2019

Cr Banasik

 

 

30 Mar to 6 May

Cr Briggs

 

 

8 Jun to 5 Jul

Cr Deeth

 

 

10 Apr to 24 Apr

Cr Hannan

 

2 Jun to 7 Jul
12 Sep to 8 Oct

29 Jun to 28 Jul

Cr Khan

 

30 Jul to 19 Aug

 

Cr Smith

20 Nov

2 Aug to 2 Nov

19 Aug

 

Conference Attendance – September 2016 to November 2019

Conferences form an important role in Councillor professional development, knowledge sharing and networking and attendance at some, such as the Local Government NSW and the National General Assembly of Local Government, is considered very important to represent the Wollondilly community on state and national issues of significance. In accordance with Council’s adopted Councillor Fees, Expenses and Facilities Policy, Councillors can seek approval from the Chief Executive Officer to attend Conferences.

Conference Attendance Page 1

 

Conference Attendance Page 2

 

 

 

 

 

 

 

Committees – September 2016 to November 2019

Councillor membership on various internal and external committees is determined annually. Overall attendance of Councillors at their appointed committees is included in the table on page one of this report. Advisory Committee’s do not generally have designated Councillor Membership with all Councillors welcome to attend. Attendance at these Committees is not included in this total.

Councillor Expenses

The Councillors Fees, Expenses and Facilities Policy provides for the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties. The Policy is available on Council’s website and was prepared in line with NSW legislation and Office of Local Government’s Guidelines. The Policy ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations.

Reporting of Councillor Expenses to the public maximises accountability and transparency. The following is a summary of the overall expenditure for the last financial year by Councillor.

 

Cr Fees and Expenses 2018/19 Financial Year

Sum of Total Value

Cr. Blair Briggs

Accommodation Expenses

$507.50

Councillor Training

$238.88

Councillors Conference Fees

$786.10

Councillors Travel Expenses

$0

Food & Beverages

$0

Function Attendance Fees

$300.27

Conference Travel Expenses

$0

Total Claims excluding Fees

$1,832.75

Cr. Judith Hannan

Accommodation Expenses

$370

Councillor Training

$238.89

Councillors Conference Fees

$2,304.55

Councillors Travel Expenses

$358.84

Food & Beverages

$0

Function Attendance Fees

$1,595.08

Conference Travel Expenses

$0

Total Claims excluding Fees

$4,867.36

Cr. Matthew Deeth

Accommodation Expenses

$665.89

Councillor Training

$1,558.89

Councillors Conference Fees

$1,731.82

Councillors Travel Expenses

$2,578.32

Food & Beverages

$0

Function Attendance Fees

$971.39

Conference Travel Expenses

$425.20

Total Claims excluding Fees

$7,931.51

Cr. Matthew Gould

Accommodation Expenses

$0

Councillor Training

$3,738.89

Councillors Conference Fees

$0

Councillors Travel Expenses

$6,596.46

Food & Beverages

$0

Function Attendance Fees

$450.00

Conference Travel Expenses

$0

Total Claims excluding Fees

$10,785.35

Cr. Michael Banasik

Accommodation Expenses

$1,488.51

Councillor Training

$238.89

Councillors Conference Fees

$3,591.19

Councillors Travel Expenses

$2,089.60

Food & Beverages

$100.00

Function Attendance Fees

$1,022.60

Conference Travel Expenses

$821.65

Total Claims excluding Fees

$9,352.44

Cr. Noel Lowry

Accommodation Expenses

$370

Councillor Training

$238.89

Councillors Conference Fees

$913.64

Councillors Travel Expenses

$2,837.10

Food & Beverages

$0

Function Attendance Fees

$320.91

Conference Travel Expenses

$0

Total Claims excluding Fees

$4,680.54

Cr. Simon Landow

Accommodation Expenses

$0

Councillor Training

$238.89

Councillors Conference Fees

$0

Councillors Travel Expenses

$0

Food & Beverages

$0

Function Attendance Fees

$59.09

Conference Travel Expenses

$0

Total Claims excluding Fees

$297.98

Cr. Matthew Smith

Accommodation Expenses

$0

Councillor Training

$238.89

Councillors Conference Fees

$0

Councillors Travel Expenses

$754.96

Food & Beverages

$0

Function Attendance Fees

$0

Conference Travel Expenses

$0

Total Claims excluding Fees

$993.85

Cr. Robert Khan

Accommodation Expenses

$185

Councillor Training

$238.89

Councillors Conference Fees

$863.64

Councillors Travel Expenses

$0

Food & Beverages

$0

Function Attendance Fees

$208.18

Conference Travel Expenses

$0

Total Claims excluding Fees

$1,495.71

 

Note: Councillor Claims may vary due to many factors relative to a Councillors representative responsibilities. For example a Councillors travel expense claim may be high due to the location of an external Committee meeting or a greater travelling distance between Council and their home address.

The above table includes Conference costs for the LGNSW Annual Conference which is covered under the policy in addition to individual Cr Policy limits.

 

Further Reporting

In considering ongoing reporting of this information it is recommended that the most efficient and effective way is to publish attendance and expense data on Council’s website six monthly in keeping with provisions within our adopted Councillors Fees, Expenses and Facilities Policy.

Details on the total cost during the year of the payment of the expenses of, and the provision of facilities to, councillors in relation to their civic functions already forms part of Council’s Annual report in line with legislative requirements.

Consultation

Consultation was not applicable.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

Nil

Recommendation

That the Councillor attendance and provision of expenses and facilities information be tabled and published on Council’s website on a six monthly basis.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.4       Audit Risk & Improvement Committee Annual Report

File Number:           10619#946

 

Executive Summary

·        The purpose of this report is to advise of the performance of the Audit Risk & Improvement Committee.

·        It is recommended that Council receive the report and thank the external representatives for their contribution to the effectiveness of Council’s Audit Risk & Improvement Committee in the 2018/19 financial year.

Report

Council’s Audit Risk & Improvement Committee (ARIC) provides Council with independent oversight and monitoring of the Council’s control, risk and governance, including the organisation’s internal audit, risk management and compliance activities.

A strong relationship between the ARIC and the internal audit function enables the ARIC to meet its responsibilities and carry out its functions.  The ARIC establishes the importance and executive direction for the internal audit function and ensures that Council achieves maximum value for the internal audit function.

Internal Audit

During 2018/19, internal audits commenced were: 

·        Fraud and Corruption Prevention

·        Plant and Fleet

·        Procurement

·        Infrastructure Works and Maintenance.

Findings from the audits have been summarised as follows.

Fraud and Corruption Prevention

Positive Findings

·        Council has extensive ethical behaviour documentation in place, including the Fraud and Corruption Control Policy, Code of Conduct, Internal Reporting Policy and Conflict of Interest Policy, which help to effectively support the fraud and corruption control framework.

·        Senior management are committed to enhancing the framework and minimising opportunities for fraud and corrupt behaviour, in particular the commissioning of this health check is a key strategic initiative to identify areas which require improvement.

·        Council’s strong commitment to fraud and corruption control was evident with the rollout of fraud control training to all staff during March – May 2018.

·        Staff and management generally have a good understanding of their accountabilities in relation to fraud and corruption control.

·        The organisational culture appears to support the reporting of suspected actions and behaviours by staff.

Key Opportunities for Improvement

The audit identified 12 findings of various significance from Low to High. The recommendations for High:

·        Council should develop an annual fraud and corruption control program, outlining all planned fraud and corruption control initiatives and timeframes and undertake regular reporting against the program.

·        Council should complete a preliminary assessment of fraud and corruption risks to scope the Council’s future fraud control program. The risk assessment should be undertaken every 2 years to ensure new risks are identified and changes to the existing risks are captured and managed.

·        Council should consider introducing senior management performance measures on the successful implementation of the fraud and corruption control framework and initiatives.

·        Council should implement regular communication, education and awareness program about preventing, detecting and reporting fraud and corruption

·        Fraud and corruption control frameworks, plans, initiatives and programs should be reviewed by the Audit, Risk and Improvement Committee.

Plant and Fleet

Positive Findings

·        The plant and fleet function reports to the Manager Works, which is part of the Infrastructure and Environment Division.

·        Council has an inhouse fleet maintenance workshop which undertakes all servicing and maintenance of Council’s plant and fleet assets. Maintenance of plant and fleet assets was up to date.

·        Council utilises the Ausfleet system and Authority system for the management of the plant and fleet operations. The systems are generally utilised effectively to manage the plant and fleet operations.

·        The acquisition of plant and fleet assets is generally well managed and purchases are made using local government contract.

·        A thorough evaluation of a selected number of makes and models of the plant item to be purchased is undertaken and a Workshop Evaluation Checklist for New Plant or Equipment’ form is completed. A ‘Final Evaluation Assessment” is then compiled by the Plant Superintendent and included with a report to senior management for approval to proceed with purchase.

·        When Council takes delivery of the new plant item, a risk assessment is undertaken to identify any mitigation controls that should be included before the new plant becomes operation.

·        Disposal of plant and fleet assets is via Pickles Auctions with a reserve price agreed prior to the disposal. Council has achieved sales proceeds above the agreed reserve price on most disposals over the past 18 months.

·        The Motor Vehicle Usage and Leaseback Procedure adequately outlines the conditions for use of the leaseback vehicles.

Key Opportunities for Improvement

·        Council should develop a Plant and Fleet Strategy which is aligned with Council’s Community Strategic Plan and Council’s 6 – year Works Program. The 10 – year Asset Replacement Plan should be aligned with the plant and fleet strategy.

·        Council should explore the suite of reports available in Ausfleet to manage and monitor the plant and fleet operations. In addition, Council should introduce Key Performance Indicators for the plant and fleet operations and require regular reporting to senior management.

 

 

 

·        Council should undertake an annual review of the weekly leaseback vehicle types to ensure the approved vehicle listing delivers the most cost effective leaseback vehicles. The weekly leaseback charges should be included in the Motor Vehicle Usage and Leaseback Procedure.

·        The basis of the revised vehicle leaseback charges and the approval to change the charge should be documented and retained in TRIM, Council’s document management system. Council should ensure information supporting the charge out rate for the use of plant assets is held to support the distribution of plant costs

·        Council should develop a plant and fleet management manual to support the management of the plant and fleet assets.

·        Council should consider undertaking a benchmarking exercise for in-house servicing of the plant and fleet vehicles.

·        Council should undertake a cost-benefit analysis to support the decision to purchase a plant item. The analysis should be documented and held in TRIM to support the investment decision.

Procurement

Positive Findings

·        Council has a Purchasing Protocol, Purchasing Procedures and Guidelines for Tendering which generally provide a comprehensive overview of Council’s procurement practices. They comply with the Local Government Act tendering guidelines.

·        The Tender Guidelines align with processes outlined in the Local Government Act and Regulations.

·        Appropriate methods of tendering were being used by Council.

·        Council’s tender documents include general conditions which include broad Council requirements, WHS requirements and Environmental Management System requirements as well as Council’s detailed specifications for the particular tender.

·        Tender Evaluation Panels were appointed for relevant tenders with Tender Evaluation Plans prepared for each tender where appropriate.

·        Tender Evaluation reports include detailed assessments of the tenders submitted according to the Tender Evaluation Plan criteria and were approved by the Acting CEO.

·        The Purchasing Protocol and Procedures appear adequate. The purchasing criteria appear appropriate for a Council of this size.

·        Purchasing staff maintain up to date tables of contract rates for all preferred supplier agreements. Purchase orders under State Government, Local Government Procurement and internal preferred supplier agreements are prepared after referral to the relevant agreements to ensure correct pricing is included.

·        Receipt and issue of goods from the Store appear adequately handled.

·        The Petty Cash Procedure is adequate and is being followed.

·        The supplier tax invoice was matched with the purchase order and the good receipt certification for the selected sample.

·        The A/Chief Financial Officer reviews longer outstanding purchase orders monthly and follows up why they have not been goods receipted and paid. Outstanding commitments on older un-finalised purchase orders are also reviewed to determine if the purchase order has been finalised.

 

 

Key Opportunities for Improvement

Internal Control Improvements

·        Council should develop a strategic approach to managing procurement and incorporate this into a Procurement Strategy.

·        Council should update the Purchasing Protocol and Tendering Guidelines in line with the adopted recommendations from the Procurement Audit.

·        Council should update the Tendering Guidelines to cover requirements for tender specification development, composition of tender panels, conflict of interest declarations, development of tender assessment criteria, the processes for tender evaluation, probity management issues, reporting on tenders and the overall management of tenders.

·        Council should give consideration to creating a centralised procurement position with responsibility for procurement strategy and policy review and development, staff training and advice on procurement systems and management of all tender processes.

·        Council should ensure that all tender specifications are checked thoroughly before the tender is advertised.

Infrastructure Works and Maintenance

At the time of writing this report the Audit is still in draft condition as there appears to be some inconsistencies in the findings due to the audit interviewees being in acting roles or new to the positions and potentially not having sufficient background on some processes. However, the results of the audit are available.

Positive Findings

·        Around 93% of the capital works budget for the 2017/18 capital works program was expended.

·        From the sample testing undertaken and from discussion with staff, it was evident that:

o   Geotechnical reviews are undertaken on required projects by an external contractor under an annual request for quotation for these services.

o   Appropriate communication is undertaken with affected members of the community.

o   Projects are appropriately scheduled prior to commencement of the year by the Works Engineer Construction on a Gantt chart where projects are allocated to Council's work crews and timing for each project to be undertaken during the year is programmed.

o   For contractor delivered projects, a Council staff member is on site every day to ensure that safety and quality standards are being met.

o   Projects undertaken under contract are performed by contractors that are prequalified for safety and environmental systems.

o   Detailed safety documentation including Safe Operating Procedures and Safe Work Method Statements were in evidence for internal projects.

o   Costs for selected projects were generally under design estimates.

·        For the first time, prior to the finalisation of the 2018/19 program, Infrastructure staff and Works staff conducted site visits to discuss the projects that were to be included in the program. This consultation was of great assistance to the Works management staff who were able to better plan Works staff allocation and scheduling for the year.

·        Standard Traffic Control Plans, Safe Operating Procedures and Safe Work Method Statements are used for all maintenance jobs as applicable. Site hazard identification and risk assessments are undertaken for all maintenance works.

·        Grant funding acquittals are being completed when due.

Key Opportunities for Improvement

Internal Control Improvements:

There were 11 recommendations designed to improve the internal control framework. Two recommendations were allocated a high ranking as follows:

·        Council should review the process for developing cost estimates for projects to be included in the annual capital works program.

·        Council should conduct a formal review of unit rates each year and document the outcomes of this review.

ARIC Performance

KPI

How Will it Be Measured

Target Level

Progress as at 30/6/18

Level of satisfaction of business units subject to internal audit with:

·   Communication between the audit team and business unit management

·   Comprehensiveness of the audit

·   Relevance of audit recommendation

·   Quality of the audit report

 

Brief survey to be issued to business area following completion of each audit

At least 90% satisfaction

3 surveys completed since 1/7/16. All responses were “very satisfied”.

% of audits completed annually vs proposed audits in audit plan

Tally of audits completed

100%

Eleven audits completed as part of current audit plan

Level of satisfaction of Audit Committee and Executive Leadership Team (ELT) with internal audit function

Annual survey of audit committee and ELT members

At least 90% satisfaction

Survey completed in May 2018. All responses rated 3 or more out of 5.

Time taken to complete audit projects

Date from Engagement Letter to issue of Draft Report

Six weeks

10 weeks for fraud and corruption prevention audit (due to InConsult staffing issues), 6 weeks for plant and fleet, 4 weeks for procurement

Time taken to implement audit recommendations

Progress reports submitted to Audit Committee meeting

Zero recommended actions greater than 3 months overdue

As per management report on outstanding items.

Follow up Audits

Number of follow up audits completed

At least 2 follow up audits (of high priority recommendations) completed annually

Waste and HR follow up audits completed.

Progress against each of these KPIs is reported to each meeting of the ARIC.

The ARIC reviewed and were kept appraised of a number of processes/activities during the last financial year.  These processes/activities include:

 

·        Growth Update

·        Capital Works Update including the Rating Strategy

·        Quarterly Budget Review

·        Continuous Improvement Program

·        Quarterly Insurance Liability Reports

·        IT system issues with Accounts Payable Workflows

·        Developer Contributions

·        External Auditor’s Reports.

 

The ARIC reviews the Financial Statements of Council to assist the external audit process and to reach a view on the adequacy of Council’s accounting policies and processes and provide advice and guidance.

 

The ARIC also monitors the performance of Council’s:

·        Risk Management

·        Compliance Management

·        Financial Management

·        Financial performance including long term sustainability

·        Operation performance against its Community Strategic Plan.

 

The ARIC monitors its own performance against the following KPIs:

KPI

How Will it Be Measured

Target Level

Progress as at 30/6/18

Attendance by members of ARIC

Monitor attendance register

Attendance at 75% of meetings or more by each member

Stephen Horne – 4 of 4

Julie Walton – 4 of 4

Margot Rushton – 3 of 3

Cr Hannan – 1 of 3

Cr Briggs – 4 of 4

Cr Deeth – 1 of 1

Number of ARIC Meetings held

Minutes of each Committee meeting

At least four meetings per annum

4 held in 2018/19 financial year to date

Timeliness of annual report to Council

Date of submission of annual Audit Committee report to Council

Within 2 months of end of each financial year

Last report in 2018

Reporting of Audit Committee functions/outcomes to community

No. of Community Forums at which information provided regarding internal audit

At least one meeting per year

Last attended in 2018

Currency and coverage of internal audit plan

Date of review of Internal Audit Plan

Audit Plan reviewed at each meeting of the Committee

Last reviewed in March 2019

Currency and relevance of Internal Audit Committee Charter

Date of review of Charter

Within 2 months of end of every second financial year

Last updated May 2017

 

Consultation

ARIC Chairperson

Internal Auditor

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

Nil

Recommendation

1.       That Council receive the Audit Risk & Improvement Committee Report.

2.       That Council forward a letter to the external representatives thanking them for their contribution to the effectiveness of Council’s Audit Risk & Improvement Committee in the 2018/2019 financial year.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.5       Annual Report - Code of Conduct Complaints

File Number:           10619#947

 

Executive Summary

·        The purpose of this report is to meet the statutory obligations of the Council in relation to  complaints made under the Code of Conduct (the Code) as set in the Council’s Procedures for Administration of the Code of Conduct (the Procedures).

·        The Complaints Coordinator must report to Council on an annual basis the statistics in regards to all Code of Conduct complaints as they relate to Councillors and the Chief Executive Officer.

·        It is recommended that the annual report of Code of Conduct complaints be received and noted.

Report

Council’s Chief Executive Officer is the recipient for complaints about the conduct of Councillors.  The Mayor is the recipient for complaints about the conduct of the Chief Executive Officer.

The Procedures set out the responsibilities regarding complaints of alleged breaches of the Code and the reporting requirements of these complaints.

Part 11 – Reporting on Complaints Statistics

Section 11.1 of the Procedures states - the Complaints Coordinator must arrange for the following statistics to be reported to the Council within 3 months of the end of September of each year:

a)      The total number of code of conduct complaints made about Councillors and the Chief Executive Officer under the code of conduct in the year to September (the reporting period)

b)      The number of code of conduct complaints referred to a conduct reviewer during the reporting period

c)      The number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

d)      The number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e)      Without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f)       The number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g)      The total cost of dealing with code of conduct complaints made about Councillors and the Chief Executive Officer during the reporting period, including staff costs.

Section 11.2 states – the Council is to provide the Office of Local Government with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

Council has provided the Office of Local Government the statistical information as required under the Code and Procedures.

Complaints Received

During the annual reporting period – September 2018 to August 2019 there were four (4) notifications received by Council raising issues associated with the adopted Code.  Four (4) matters were finalised in the period. One (1) matter from the previous period had a full investigation commenced in this period. Please refer to the table below for statistical reporting.

 

Total

Made (a)

Referred to CR (b)

Finalised at Preliminary Stage (c)

Investigated by Conduct Reviewer (d)

Outcome of Investigations (e)

Matters Reviewed – Office (f)

Total Cost (g)

 4

4

2

3

·    That the Council revise its policies or procedures.

·    That a person or persons undertake training or other education

 0

$38,947

 

Consultation

No consultation was required.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

Attachments

Nil

Recommendation

That the Annual Report in relation to the Code of Conduct complaints be received and noted.

 

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.6       Investment of Funds as at 31 October 2019

File Number:           10619#953

 

Executive Summary

·        The purpose of this report is to provide details of Council’s invested funds as at 31 October 2019.

·        It is recommended that the information and certification in relation to the investment of funds as at 31 October 2019 be noted.

Report

At its last meeting, the Reserve Bank reduced the cash rate to 0.75%. In relation to the domestic market, the Board of the Reserve Bank commented that:

“The outlook for the Australian economy is little changed from three months ago. After a soft patch in the second half of last year, a gentle turning point appears to have been reached. The central scenario is for the Australian economy to grow by around 2¼ per cent this year and then for growth gradually to pick up to around 3 per cent in 2021. The low level of interest rates, recent tax cuts, ongoing spending on infrastructure, the upswing in housing prices in some markets and a brighter outlook for the resources sector should all support growth. The main domestic uncertainty continues to be the outlook for consumption, with the sustained period of only modest increases in household disposable income continuing to weigh on consumer spending. Other sources of uncertainty include the effects of the drought and the evolution of the housing construction cycle.

Employment has continued to grow strongly and has been matched by strong growth in labour supply, with labour force participation at a record high. The unemployment rate has remained steady at around 5¼ per cent over recent months. It is expected to remain around this level for some time, before gradually declining to a little below 5 per cent in 2021. Wages growth remains subdued and is expected to remain at around its current rate for some time yet. A further gradual lift in wages growth would be a welcome development and is needed for inflation to be sustainably within the 2–3 per cent target range. Taken together, recent outcomes suggest that the Australian economy can sustain lower rates of unemployment and underemployment.

The recent inflation data were broadly as expected, with headline inflation at 1.7 per cent over the year to the September quarter. The central scenario remains for inflation to pick up, but to do so only gradually. In both headline and underlying terms, inflation is expected to be close to 2 per cent in 2020 and 2021.

There are further signs of a turnaround in established housing markets, especially in Sydney and Melbourne. In contrast, new dwelling activity is still declining and growth in housing credit remains low. Demand for credit by investors is subdued and credit conditions, especially for small and medium-sized businesses, remain tight. Mortgage rates are at record lows and there is strong competition for borrowers of high credit quality.

The easing of monetary policy since June is supporting employment and income growth in Australia and a return of inflation to the medium-term target range. Given global developments and the evidence of the spare capacity in the Australian economy, it is reasonable to expect that an extended period of low interest rates will be required in Australia to reach full employment and achieve the inflation target. The Board will continue to monitor developments, including in the labour market, and is prepared to ease monetary policy further if needed to support sustainable growth in the economy, full employment and the achievement of the inflation target over time.”

 

 

The majority of Council’s investment portfolio (97%) is invested in deposits / securities with Australian Authorised Deposit taking Institutions (ADI’s).  Council has been taking advantage of term deposit “specials” from various institutions without overexposing the portfolio to any one institution. Note that the marked to market valuations on some of the direct investment products in Council’s portfolio remain at less than the face value of the investment.  The marked to market value of these investments is expected to be equal to or greater than the face value by the time they reach their maturity date.  Early exit from these products would realise losses.

 

The following chart compares Council’s portfolio yield with the benchmark AusBond Bank Bill Index rate in each month for 2018/19 and 2019/20

 

 

As shown in the chart above, Council’s portfolio yield has continually exceeded the benchmark AusBond 3 month Bank Bill Index due to the prudent investment of Council’s portfolio.

 

Under Reg 212 of the Local Government (General) Regulation 2005, Council’s Responsible Accounting Officer must provide Council each month with a written report setting out details of all money that Council has invested under section 625 of the Act.

 

Council’s investment portfolio as at 31 October 2019 is summarised below.

 

Details of Council’s investment portfolio as at 31 October 2019 are provided in attachment 1.

 

Consultation

Independent advice regarding the investment of Council funds was provided by Prudential Investment Services Corp.

Financial Implications

Council continues to invest those funds which, having regard to Council’s Resourcing Strategy 2017/18 – 2020/21 and adopted Operational Plan 2019/20, are not required to manage Council’s day-to-day cash flow or have been identified as required to fund specific future projects and expenditure or anticipated (budgeted) future commitments.

Interest earned is allocated to restricted cash and income in accordance with Council’s adopted budget, policy and legislative requirements. Accrued interest to 31 October 2019 is $536,884. The chart below compares actual interest received to date with budgeted interest for the year.

The Reserve Bank of Australia has continued to keep interest rates low and the expected investment income will be reviewed and revised as more information becomes available.

Certification

I hereby certify that Council’s investments have been made in accordance with Sec 625 of the Local Government Act 1993, clause 212 of the Local Government (General Regulations) 2005 and Council’s Investment Policy.

 

Clair Hardy

Chief Financial Officer

WOLLONDILLY SHIRE COUNCIL

 

Attachments

1.       Investment Summary Report for October 2019   

Recommendation

That the information and certification in relation to the investment of Council funds as at 31 October 2019 be noted.

 


Extraordinary Council Meeting Agenda

16 December 2019

 

15.7       Local Government Remuneration Tribunal 2020 Annual Determination

File Number:           10619#955

 

Executive Summary

·        The purpose of this report is to advise Council of the review of the categorisation of councils carried out by the Local Government Remuneration Tribunal.

·        It is recommended that Council consider the advice from Local Government NSW and determine if it wishes to make a submission regarding the future classification for Wollondilly Shire Council.

Report

Pursuant to s. 241 of the Local Government Act 1993, the Tribunal is required to make an annual determination by no later than 1 May of each year on the fees payable to mayors and councillors.

Every three years, the Tribunal is also required to review the categorisation of councils. The Tribunal intends to start the 2020 review earlier than usual in order to conduct a review of the existing categorisation model and explore alternative models.

On this basis, the Tribunal proposes to create a new category of "Regional Centre" for non-metropolitan councils. The range of fees payable to the proposed new category, if determined, will be between the range of fees now paid to Regional Rural and Regional Strategic Centre.

The Tribunal is seeking feedback on the proposed classification model and the allocation of individual councils in the model outlined by the Tribunal, in addition to the range of fees payable in the proposed classification model. The Tribunal is proposing to classify Wollondilly Shire Council in the new category of “Regional Centre”. Submissions are to be received no later than 20 December 2019. In addition Local Government NSW has asked for Councils making a submission to share this with them by 13 December 2019.

Attachments

1.       Local Government Remuneration Tribunal Commencing 2020 Annual Determination   

Recommendation

1.       That Council consider the advice from Local Government NSW.

2.       That Council determine if it wishes to make a submission regarding the future classification for Wollondilly Shire Council.

    


Extraordinary Council Meeting Agenda

16 December 2019

 

16          Closed Reports  

Recommendation

1.         That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

16.1       Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

This report is considering a potentail land acquisition that has not bee discussed with potential vendors.

16.2       Picton Town Centre Transport Plan 2026 - Proposed Signalisation of Menangle/Prince Streets Intersection

This matter is considered to be confidential under Section 10A(2)(d)(i) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

To protect confidential work supplied by a third party.

16.3       Sale of Land for Unpaid Rates

This matter is considered to be confidential under Section 10A(2)(a) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than councillors)

This report includes ratepayers names and property addresses.

16.4       Quarterly Legal Status

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

This report covers outcomes of litigation matters and associated legal expenditure.

16.5       Notice of Motion - Sydney Western City Planning Panel

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

This motion contains legal advice concerning the commencement of legal proceedings and information on associated legal expenditure.

2.         That pursuant to Section 10A(1) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2).

 

3.         That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.