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

 

Date:

Tuesday, 17 March 2020

Time:

6.30pm

Location:

Council Chamber

62-64 Menangle Street

Picton NSW 2571

 

AGENDA

 

 

Ordinary Council Meeting

 

17 March 2020

 

 

 

Ben Taylor

Chief Executive Officer

 


Ordinary Council Meeting Agenda

17 March 2020

 

 


Ordinary Council Meeting Agenda

17 March 2020

 

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

11       Sustainable and Balanced Growth. 7

11.1          Draft Planning Proposal to Allow Animal Boarding or Training Establishments in R2 and R5 Zones. 7

11.2          Amendments to Wollondilly Development Control Plan 2016 (WDCP) for Multi Dwelling Housing. 14

12       Management and Provision of Infrastructure. 21

12.1          Traffic Management Upgrades - February 2020. 21

13       Caring for the Environment 23

13.1          Integrated Water Management Policy, Strategy & Water Sensitive Urban Design Guidelines. 23

14       Looking after the Community. 26

14.1          Revision of Social Media Policy - CP0032. 26

14.2          Donation Applications January/February 2020. 27

15       Efficient and Effective Council 28

15.1          Review of the Interaction with Developers, Lobbyists and Submitters Policy. 28

15.2          Investment of Funds as at 31 January 2020. 30

15.3          Conflicts of Interest Policy Review.. 34

16       Notice of Motion/Rescissions. 36

16.1          Notice of Motion - Policy on Hall Hire. 36

16.2          Notice of Motion - Senior Regional Travel Cards. 37

16.3          Notice of Motion - Establishment of Small Business and Farming Relief Assistance following Natural Disasters. 38

16.4          Notice of Motion - Wildlife Virtual Barrier Trial 39

17       Closed Reports. 40

17.1          Code of Conduct - Office of Local Government Advice. 40

17.2          Quarterly Legal Status. 40

18       Questions for Next Meeting. 41

No reports this meeting


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, in accordance with Section 18 of the Privacy and Personal Information Protection Act 1998 (PPIPA), that Wollondilly Shire Council records and webcasts live all Ordinary and Extraordinary Meetings of Council held in open session for the purpose of facilitating community access. The webcasts are publically available for viewing on Council’s website.

Video footage collected is of the decision making body only, if you do not wish your image to be recorded please remain in the public gallery. Your image, voice, personal and health information may be recorded, publicly broadcast and archived if you speak during the meeting and/or don’t remain in the space provided.

The webcasts and webcast recordings are protected by copyright and owned by Council. No part of the proceedings of a meeting of the Council may be recorded, copied or made available to others by members of the public without the authority of the Council.

Council may be required to disclose recordings pursuant to the Government Information (Public Access) Act 2009, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

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

Ordinary Council Meeting - 18 February 2020

9            Items to be Tabled

Disclosure of Interests – 2019/20


Ordinary Council Meeting Agenda

17 March 2020

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           10619-2#78

 

The Mayor may put to a meeting (without notice) any matter the Council is allowed to deal with or which the Council officially knows about.

 

Attachments

Nil

Recommendation

That the Mayoral Minute be accepted.

 

 

  


Ordinary Council Meeting Agenda

17 March 2020

 

11          Sustainable and Balanced Growth

11.1       Draft Planning Proposal to Allow Animal Boarding or Training Establishments in R2 and R5 Zones

File Number:           10619-2#31

 

 

Applicant:                             Council initiated proposal

Proposal:                              Draft planning proposal to allow animal boarding or training establishments in R2 and R5 zones

Address:                               All land zoned R2 and R5

Executive Summary

·        The purpose of this report is to update Council on the status of a draft planning proposal to allow Animal Boarding or Training Establishments in R2 and R5 zones.

·        On 16 April 2012, Council resolved to support the preparation of a planning proposal to amend Wollondilly Local Environmental Plan 2011 to enable Animal Boarding or Training Establishments in the R2 Low Density Residential and R5 Large Lot Residential zones in the Shire with consent.

·        The planning proposal was initiated following the meeting, however, it was deferred until after a revised Draft Local Approval Policy – ‘Keeping of Animals’ had been considered by Council.

·        On 17 February 2014, Council resolved to not adopt the Draft Local Approval Policy, and therefore, the matter has not progressed further. 

·                This report recommends that Council not proceed with the draft planning proposal to allow animal boarding or training establishments in R2 and R5 zones for the following reasons:

1.       Animal Boarding or Training Establishments can be defined as intensive rural uses and are therefore, inconsistent with the objectives of R2 and R5 zones;

2.       The proposed uses are inconsistent with the standard zone description provided by DPIE through Planning Circular PN 11-002;

3.       The majority of R2 and R5 zoned lots would be unable to comply with the requirements of the Wollondilly Development Control Plan 2016 (WDCP 2016) for these uses;

4.       There is adequate land available for Animal Boarding or Training Establishments in appropriate land use zones such as RU1, RU2 and RU4;

5.       The demand for Animal Boarding or Training Establishments in the Shire can be met within existing rural zoned land where such uses are permissible with consent;

6.       Not allowing Animal Boarding or Training Establishments in R2 and R5 zones is consistent with most adjoining councils; and

7.       Animal Boarding or Training Establishments on R2 or R5 zoned land would be inconsistent with the Greater Sydney Region Plan, District Plan and the Local Strategic Planning Statement.

 

Report

Background

The draft Planning Proposal seeks to enable Animal Boarding or Training Establishments in the R2 Low Density Residential and R5 Large Lot Residential zones in the Shire with consent. An Animal Boarding or Training Establishment is defined under the LEP as follows:

animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.’

 

Common types of Animal Boarding or Training Establishments in the Wollondilly Local Government Area include dog kennels (comprising boarding, breeding or training or dogs) and the breeding, boarding, training keeping or caring of livestock for commercial purposes that is not intensive in nature.

 

At its Ordinary Meeting on 16 April 2012, Council considered a report (refer to attachment 1) regarding a number of housekeeping amendments to Wollondilly Local Environmental Plan 2011 (WLEP).  Council supported the preparation of a planning proposal to action all the proposed housekeeping amendments mentioned in that report, except to allow Animal Boarding or Training Establishments in R2 and R5 zones, which was to be dealt with by a separate planning proposal (refer to attachment 2).

 

An extract from the Council resolution dated 16 April 2012 is as follows:

 

That Council support the preparation of a LEP housekeeping Planning Proposal in accordance with section 55 of the Environmental Planning and Assessment Act, 1979 to amend Wollondilly Local Environmental Plan 2011 as described in this report and attachments with the exception of animal boarding or training establishments permitted with consent in Zone R2 and R5 which shall be dealt with by a separate planning proposal.

 

A planning proposal was initiated after this Council meeting however, it was deferred until after a revised Draft Local Approval Policy – ‘Keeping of Animals’ had been considered by Council.

 

A draft local approval policy was prepared in 2013 and was considered by Council at its Ordinary Meeting on 17 February 2014. Council resolved at the meeting to not adopt the Draft Local Approval Policy.

 

Council’s Compliance Team has confirmed that there is currently no plan to prepare a new policy.

PLANNING CONTEXT

Further research and investigation work has been undertaken on this draft planning proposal and it has been identified that there are several strong planning grounds for not allowing Animal Boarding or Training Establishments in R2 and R5 zones. These are discussed below.

In the current planning context, animal boarding or training establishments are already permissible with consent in the following zones within the Shire:

·        Zone RU1   Primary Production

·        Zone RU2   Rural Landscape

·        Zone RU4   Primary Production Small Lots

·        Zone SP1   Special Activities

 

1.       Inconsistency with the objectives of R2 and R5 zone

Objectives of R2 Zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

Animal boarding or Training Establishments are not consistent with either of these objectives. Firstly, they do not provide for the housing needs of the community and secondly, they do not service the day to day needs of residents. In this regard, day to day services are typically home businesses, neighbourhood shops and the like.

 

Objectives of R5 Zone

·                To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·                To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·                To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

·                To minimise conflict between land uses within this zone and land uses within adjoining zones.

With regard to the first objective, Animal Boarding or Training Establishments are likely to have considerable lifestyle impacts on the residents of adjoining and nearby properties when located in this zone in terms of odour, noise (particularly associated with dog kennels), dust and waste. Such impacts can be detrimental to the environmentally sensitive locations and scenic quality.

The second and third objectives are not considered relevant to the permissibility of Animal Boarding or Training Establishments.

With regard to the fourth objective, the R5 zone is generally located on the urban/rural interface of the towns and villages in the Shire and is predominantly developed for residential purposes. Enabling Animal Boarding or Training Establishments in R5 zoned land will lead to significant land use conflicts within the zone as it will allow a use which has a high potential to generate substantial noise, as well as odour, waste and traffic in a residential environment.

As such, Animal Boarding or Training Establishments are not considered consistent with the objectives of R2 and R5 zones, nor appropriate within these zoned areas.

 

2. Inconsistency with Planning Circular PN 11-002

The Department of Planning Industry and Environment (DPIE) issued a planning circular on 10 March 2011 provides descriptions for all the standard zones with recommendations on appropriate land uses. R2 and R5 zones are described as follows in this planning circular.

 

R2 - Low Density Residential

 

This zone is intended to be applied to land where primarily low density housing is to be established or maintained. Typically the zone features detached dwelling houses, but it may be appropriate to include ‘dual occupancy’ (attached or detached) or some ‘multi-dwelling housing.’

 

R5 - Large Lot Residential

 

This zone is intended to cater for development that provides for residential housing in a rural setting, often adjacent to towns or metropolitan areas.

 

These zones are intended to be developed for residential purposes rather intensive animal, rural or commercial uses. Therefore, land uses such as Animal Boarding or Training Establishments are not considered consistent with the standard zone description.

 

 

 

 

3. Inability to comply with Wollondilly Development Control Plan 2016 (WDCP 2016)

‘Volume 8- Primary Agricultural and Rural Uses’ of Wollondilly Development Control Plan 2016 contains specific controls for Animal Boarding or Training Establishments. These controls are to ensure the amenity of the adjoining properties is retained.

 

The controls have been developed in such a manner so that relatively larger lot sizes are required in order to comply with these controls, especially setbacks. Some of these controls are mentioned in the table below (it is important to note that control 3.1.1 below only applies to dog kennels).

 

Wollondilly Development Control Plan 2016

Volume 8 – Primary Agricultural and Rural Uses

3.1.1 (Dog Kennels only)

Siting and Design

Animal boarding or training establishments require the following setbacks:

·        65m front setback.

·        25m side and rear setback.

·        Minimum separation of 300m from all residential zones.

·        Minimum separation of 200m from any adjoining dwelling.

3.1.2

Sustainable noise management

Sound-proofed holding sheds for all distressed animals are required.

3.1.3

Waste and water management

·        Stormwater and wastewater generated from the cleaning of structures and yard areas will require treatment to remove pathogens prior to being reused

 

·        Applications must not solely rely on reticulated water supply to service the needs of the development and must demonstrate an integrated approach to water management using alternate water sources in conjunction with reticulated water.

 

·        Stormwater drains are to be wide, gently sloping open drains that are well vegetated to minimise erosion potential and facilitate filtering of solid particles contained in the runoff.

The median* lot size and average lot size of the existing R2, R5 and all rural zones in Wollondilly LGA are provided in the table below.

 

Land Use Zone

Median* lot size

R2 – Low Density Residential

982m2

R5 – Large Lot Residential

4042m2

RU1 – Primary Production

4ha

RU2 – Rural Landscape

2.9ha

RU4 – Primary Production Small Lots

1.7ha

*The median is the value separating the higher half from the lower half of a data sample (a population or a probability distribution).

In light of the development controls contained in Council’s DCP, any lot would need to be much greater than the median and average lot size in R2 and R5 zones in order to comply with the requirements of WDCP 2016, in particular the setback requirements associated with dog kennels.

It is acknowledged that there are some lots in R2 and R5 zones which might be able to numerically comply with the WDCP requirements for Animal Boarding or Training Establishments. However, such intensive rural use would potentially have significant lifestyle impacts on the residents of adjoining properties.

 

4. Availability of adequate land for Animal Boarding or Training Establishments in more appropriate land use zones

 

Total number of lots and overall area within the rural zones is provided in the table below.

 

Land Use Zone

Number of lots

Overall area

RU1 – Primary Production

1787

17656ha

RU2 – Rural Landscape

2572

33142ha

RU4 – Primary Production Small Lots

1157

2153ha

Animal Boarding or Training Establishments are permissible in Wollondilly in RU1, RU2 and RU4 zone. These zones comprises 5,516 parcels with an overall area of 52,951 hectares.

As such, not allowing Animal Boarding or Training Establishments in R2 and R5 zones will not have any unacceptable impact on the land supply for this land use. Given the large area of land within the rural zones where Animal Boarding or Training establishments are currently permissible, it can be concluded that there is adequate land supply and capacity for such uses in these more suitable areas.

 

Land uses such as Animal Boarding or Training Establishments are very prone to public criticism and complaints as these can have considerable impacts on the amenity of the residents of adjoining properties. There are several instances where Animal Boarding or Training Establishments have been refused due to unacceptable impacts on the amenity of adjoining properties or withdrawn due to unresolvable issues, even within rural zones such as RU1, RU2 and RU4. Therefore, it is not appropriate to make Animal Boarding or Training Establishments permissible in residential zones such as R2 and R5 zones.

 

5. Demand for Animal Boarding or Training Establishments in the Shire

 

Council’s records show seventeen (17) development applications (not including applications for continued use or alterations & additions) have been received for Animal Boarding or Training Establishments since 1992. Two applications were refused, three were withdrawn and the remaining twelve (12) applications were approved by Council. Given that there is not a high demand for this land use, it is not considered necessary to include it in additional zones.

 

 

 

 

 

 

 

 

 

 

6. Comparison with other local government areas

 

The table below provides the information regarding the permissibility of Animal Boarding or Training Establishments across various land use zones in different adjoining councils.

 

Local Government Area

Residential Zones

Rural Zones

R2

R5

RU1

RU2

RU3

RU4

Wollondilly

Prohibited

Prohibited

Permitted

Permitted

N/A

Permitted

Wingecarribee

Prohibited

Prohibited

Permitted

Permitted

Prohibited

Permitted

Blue Mountains

Prohibited

N/A

N/A

Permitted

N/A

Permitted

Camden

Prohibited

Prohibited

Permitted

Permitted

N/A

Prohibited

Campbelltown

Prohibited

Prohibited

N/A

Permitted

N/A

N/A

Penrith

Prohibited

Prohibited

Permitted

Permitted

N/A

Permitted

Lithgow

Prohibited

Prohibited

Permitted

Permitted

Prohibited

N/A

Hawkesbury

Permitted

Permitted

Permitted

Permitted

N/A

Permitted

The Hills Shire

Prohibited

N/A

Permitted

Permitted

Prohibited

N/A

Wollongong

Prohibited

Prohibited

Permitted

Permitted

N/A

Permitted

 

The table shows a very strong trend regarding the permissibility of Animal Boarding or Training Establishments as it is generally permitted only in rural zones specifically RU1, RU2 and RU4. Also, Animal Boarding or Training Establishments are prohibited in residential zones including R2 and R5 with the exception of Hawkesbury Council.

7. Inconsistency with the Greater Sydney Region Plan                 

The Greater Sydney Commission’s A Metropolis of Three Cities – the Greater Sydney Region Plan and the Western City District Plan were finalised by the Greater Sydney Commission in March 2018. These 20-year plans with a 40-year vision are a bridge between regional and local planning. They inform the assessment of planning proposals. In addition, Council has recently endorsed a draft Local Strategic Planning Statement for finalisation.

A dominant focus for Wollondilly throughout the Sydney Region Plan is the Metropolitan Rural Area (MRA). The whole Shire is identified as MRA with the exception of the Wilton Growth Area and the Greater Macarthur Growth Area. The objective of the MRA is to protect and enhance the wide range of environmental, social and economic values in rural areas across Greater Sydney. Land zoned R2 and R5 are located within the MRA. Therefore, the environmental and social values of these zones should be protected and enhanced. Land uses such as Animal Boarding or Training Establishments can potentially adversely impact on the environmental and social value of our towns and village areas and are not consistent with the directions of these plans.

Consultation

 

Community Consultation

Community Consultation has not yet been undertaken in respect of this matter.

Consultation with Council Staff

Consultation has occurred with Council’s Compliance team. The team have provided advice that this land use is very prone to public criticism and complaints and can have considerable impacts on the amenity of the residents of adjoining properties.

Financial Implications

The costs of implementing the officer recommendation in this report can be absorbed within existing budgets. Should Council not support the officer recommendation, progression of this proposal has not been considered within the forward budget, and would need to be considered at the next available quarterly update.

Conclusion

The draft planning proposal is not considered to have strategic merit for the following reasons:

1.       Animal Boarding or Training Establishments can be defined as intensive rural uses and are therefore, inconsistent with the objectives of R2 and R5 zones;

2.       The proposed uses are inconsistent with the standard zone description provided by DPIE through Planning Circular PN 11-002;

3.       The majority of R2 and R5 zoned lots would be unable to comply with the requirements of the Wollondilly Development Control Plan 2016 (WDCP 2016) for these uses;

4.       There is adequate land available for Animal Boarding or Training Establishments in appropriate land use zones such as RU1, RU2 and RU4;

5.       The demand for Animal Boarding or Training Establishments in the Shire can be met within existing rural zoned land where such uses are permissible with consent;

6.       Not allowing Animal Boarding or Training Establishments in R2 and R5 zones is consistent with most adjoining councils; and

7.       Animal Boarding or Training Establishments on R2 or R5 zoned land would be inconsistent with the Greater Sydney Region Plan, District Plan and the Local Strategic Planning Statement.

Attachments

1.       Ordinary Meeting Agenda (16 April 2012) - Housekeeping amendments to WLEP 2011 including Animal boarding or training establishment  

2.       Ordinary Meeting Minutes (16 April 2012) -  Animal boarding or training establishments   

Recommendation

That Council not proceed with the draft planning proposal to allow animal boarding or training establishments in R2 and R5 zones for the following reasons:

1.       Animal Boarding or Training Establishments can be defined as intensive rural uses and are therefore, inconsistent with the objectives of R2 and R5 zones;

2.       The proposed uses are inconsistent with the standard zone description provided by DPIE through Planning Circular PN 11-002;

3.       The majority of R2 and R5 zoned lots would be unable to comply with the requirements of the Wollondilly Development Control Plan 2016 (WDCP 2016) for these uses;

4.       There is adequate land available for Animal Boarding or Training Establishments in appropriate land use zones such as RU1, RU2 and RU4;

5.       The demand for Animal Boarding or Training Establishments in the Shire can be met within existing rural zoned land where such uses are permissible with consent;

6.       Not allowing Animal Boarding or Training Establishments in R2 and R5 zones is consistent with most adjoining councils; and

7.       Animal Boarding or Training Establishments on R2 or R5 zoned land would be inconsistent with the Greater Sydney Region Plan, District Plan and the Local Strategic Planning Statement


Ordinary Council Meeting Agenda

17 March 2020

 

11.2       Amendments to Wollondilly Development Control Plan 2016 (WDCP) for Multi Dwelling Housing

File Number:           10619-2#39

 

 

Applicant:                              Council initiated amendment to Wollondilly Development Control                                                Plan 2016 (WDCP 2016)

Proposal:                              Draft Wollondilly Development Control Plan 2016 for Multi Dwelling Housing Developments

Current Zoning:                   Medium Density Residential – R3

Proposal:                              Changes to planning controls

Address:                               All land zoned R3

 

Executive Summary

·        This report seeks Council’s support to adopt the proposed amendments to Wollondilly Development Control Plan 2016 (WDCP 2016) to guide future multi housing developments across the Shire.

·        On 21 October 2019 Council resolved to publicly exhibit the proposed amendments to Wollondilly Development Control Plan 2016 (WDCP). The proposed amendments were publicly exhibited from 6 November 2019 to 4 December 2019, 28 days. A total of seventeen submissions were received. One of the submissions was a petition containing 21 signatures.

·        The proposed amendments aim to ensure that Multi Dwelling Housing developments in the Shire achieve a better design outcome and better respond to the existing character of the area where they are located. Improved controls for landscaping, car parking and waste management are also proposed.

·        It is recommended that:

1.       Council adopts the proposed amendments to Wollondilly Development Control Plan 2016 (WDCP 2016) relating to multi dwelling housing.

2.       The amendments come into effect on the date of the required public notice being advertised in a local newspaper in accordance with the Environmental Planning and Assessment Act.

 

Report

Background

Why do we need to change the controls?

Wollondilly Shire predominantly comprises low density residential and rural residential precincts in a rich landscape setting. Within the land zoned for residential purposes, multi dwelling housing is only permissible in the R3 Medium Density Residential zone under Wollondilly Local Environmental Plan 2011 (WLEP 2011). Medium Density zones are typically located in and around the larger towns and villages in the Shire which have a certain level of infrastructure and accessible services.

Preserving and respecting the rural village character is a major challenge in the Shire especially when considering proposals for the purpose of Multi Dwelling Housing. Changes to the existing development controls in Wollondilly are required in order to influence any new multi dwelling housing development and ensure that they are sympathetic to the existing character of the area.

The need for a review of the existing controls been highlighted by several recent development applications for multi dwelling housing which have been largely compliant with Council’s DCP but have resulted in undesired outcomes particularly in terms of urban design. Significant ongoing concerns have also been raised by the community in respect of the multi dwelling housing.

Council resolved on 18 March 2019 as follows:

‘That Council consider urgently reviewing the Development Control Plan controls for the Thirlmere precinct.’

The resolution refers to the part of Thirlmere precinct capable of being developed for multi dwelling housing and aims to review those planning controls that guide multi dwelling housing development to keep it more consistent with the existing streetscape and local character.

At the start of the review process, staff identified that a number of the planning issues identified in Thirlmere are likely to occur in other R3 Medium Density zoned areas of the Shire. Therefore, a review has been undertaken for the Shire-wide controls for multi dwelling housing in Council’s DCP to ensure future outcomes are satisfactory for all development.

A new section has been also been included for the Thirlmere precinct to ensure that future multi dwelling housing developments respect the established, unique character of that area. This means that any development application for multi dwelling housing in the Thirlmere precinct would require consideration of the proposed site specific controls, in addition to the Shire-wide controls.

The proposed amendments to the Wollondilly Development Control Plan 2016 (WDCP 2016) are divided into two categories:

1.       Amendments to Part 3.18 – ‘Multi Dwelling Housing’ under Volume 4 – ‘Residential Developments’ of WDCP 2016. This part will apply to all multi dwelling housing developments shire wide including Thirlmere precinct.

2.       Site specific development controls for multi dwelling housing for Thirlmere precinct to be included in Volume 4 – ‘Residential Developments’ of WDCP 2016. This part does not preclude the application of Part 3.18 – ‘Multi Dwelling Housing’ to any multi dwelling housing application in Thirlmere precinct.

Consultation

Community Consultation

The draft changes publicly exhibited from 6 November 2019 to 4 December 2019 and a total of seventeen submissions were received. Nine submissions were in favour, six were neutral and two submissions objected to the proposed controls.

A summary of the concerns and objections to the proposed controls with an assessment is provided in Table 1 below:

Issue Raised

Assessment Comment

Solar access

3 hours direct solar access requirement contravenes with Draft WDCP Objectives 3.4 and 3.5.

 

Solar panel manufacturers recommend a minimum 4 hours sunlight per day is required.

Solar access requirements are not changing in the draft controls.

 

Council requires a minimum 3 hours direct sunlight to the private open space for all residential developments.

 

The DCP controls will not restrict the ability of landowners to install solar panels on their lots.

Front setback

Every multi dwelling housing development should be required to have 10m front setback as it is required for Carlton Road.

 

Most of the existing dwellings along Carlton Road contain larger front setbacks which helps in defining the character of the area. Also, lots along Carlton Road are relatively deeper and therefore these lots will not be overburdened by larger front setback. The 10m setback is reflective of an appropriate development outcome for the locality.

 

The 10m front setback would not be a reasonable requirement for R3 zoned lots in other towns and villages which have a different configuration to those lots in Carlton Road and would not be necessary to retain the established character of other R3 zoned areas in the Shire.

 

On that basis, it is appropriate to retain a 10m front setback only for the Carlton Road lots.

Solar panels and rainwater tanks

Solar panels and rainwater tanks should be included in multi dwelling housing.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 requires the installation of a rainwater tanks in multi dwelling housing

 

Council is currently preparing a Water Sensitive Urban Design Strategy which is likely to lead to additional requirements to reduce water consumption and stormwater runoff for these types of development.

 

It is noted that a Notice of Motion regarding solar panels was discussed by Council on 18 February.  A further report will be prepared for Council on mechanisms for encouraging the use of solar panels in new development, but it is not possible to prescribe these as a development control at this time, given BASIX requirements.

Minimum lot size and frontage requirement

The proposed control will have a negative impact on the property value.

 

Draft development controls encourage lot amalgamation which can potentially impact on affordable housing supply.

Property values are not a relevant planning consideration.

 

The requirement for a 30m frontage and 1500m2 minimum lot size has been retained for the Thirlmere precinct.

 

For the rest of the Shire, the proposed final controls enable a lot with a 20m frontage and 1000m2 area to be developed for multi dwelling housing. However, to support and achieve a similar built form outcome and to maintain the same intent, a density control has been proposed for inclusion to avoid any over-development in cases where the lot has a frontage less than 30m and an area less than 1500m2. The density control requires that a lot can be developed for three residential units for the first 1000m2 of site area and 1 additional unit for every 350m2 thereafter.

 

The amendments will ensure development of R3 zoned land will not be unreasonably restricted. Any lots that do not achieve a 20m site frontage and 1000m2 area will still need to be amalgamated to achieve suitable outcomes and meet the controls.

Table 1- Summary of consultation comments and officer responses

 

Internal Consultation

Internal comments were received regarding kerb side waste collection and on-site waste collection. These comments have been reflected in the draft controls.

Proposed Changes resulting from Consultation

Lot Frontage and Lot Size Analysis

The exhibited controls included a requirement that multi dwelling housing would only be supported on a lot which contained a minimum 30m site frontage and 1500m2 site area. A further analysis of R3 lots across the Shire was carried out to test the number of lots that are capable of being developed for multi dwelling housing under exhibited controls. In particular, this further analysis was undertaken to address concerns raised during the exhibition period that the proposed lot frontage and lot area controls would unreasonably restrict multi-dwelling housing development in the Shire.

 

A summary of this research is shown in Table 2 below which indicated potentially 9% of lots being capable of meeting the minimum frontage control of 30metres, versus 57% if the control was amended to 20metres.

 

Frontage Control

Lot Size Control

No. of Lots

Minimum Frontage

R3 land %

No. of Lots

Minimum Lot Size

R3 land %

51

30m>

9%

99

1500m2>

18%

310

20m>

57%

260

1000m2>

48%

Table 2 – Summary of Lot Size and Frontage - R3 zoned land

 

Lots capable of being developed for multi dwelling housing under Scenarios 1 & 2

As a result of the research, two scenarios were developed and tested for this purpose as described below:

 

·    Scenario 1 – Lots with 30m frontage and 1500m2 site area

·    Scenario 2 – Lots with 20m frontage and 1000m2 site area

 

The table below shows the number of R3 zoned lots across the shire which can be developed under Scenarios 1 and 2:

 

Requirement for Multi Dwelling Housing Development

No. of lots

% of R3 land

Scenario 1 - 30m site frontage and 1500m2 lot area

40

7%

Scenario 2 - 20m site frontage and 1000 m2 lot area

219

40%

Table 3 – Development potential analysis R3 land

In summary, under Scenario 2, approximately 40% of R3 zoned land would be capable of development.  These controls would encourage lot consolidation for lots not capable of development. Scenario 2 is the option recommended in this report.

Consistency with Environmental Planning and Assessment Act 1979 (EP&A Act)

The proposed changes to WDCP 2016 are required to satisfy the principle purposes of a Development Control Plan as provided under ‘Clause 3.42’ in Environment al Planning and Assessment Act 1979 (EP&A Act). Clause 3.42 of EP&A Act is as follows:

Clause 3.42 (1)(b) of the Act requires development controls to be drafted in a manner to facilitate development that is permissible in that zone. Therefore, any proposed control should not significantly impede the ability to achieve a multi dwelling housing outcome.

The analysis above highlights that only 7% of R3 zoned lots across the Shire could be developed for multi dwelling housing with the application of 30m minimum frontage and 1500m2 minimum lot size. The remaining 93% of lots would be restricted for multi dwelling housing purposes, which would not be consistent with the provisions of the Environmental Planning and Assessment Act 1979.

 

Final form of draft development controls (with post exhibition changes)

A copy of the exhibited version of the draft controls is provided at Attachment 3. Proposed changes in response to exhibition comments are limited to controls in Part 3.18 of the DCP which will apply to all multi dwelling housing Shire wide, except for the Thirlmere precinct. No amendments have been proposed to the site specific controls for the Thirlmere Precinct other than minor grammatical corrections. The previous requirement for a minimum 1500 square metre lot size and 20 metre frontage is retained for the Thirlmere precinct.

As stated above, the exhibited control requiring a 30m site frontage and 1500m2 site area would unreasonably impede multi dwelling housing development in the Shire. Therefore, a more appropriate and balanced outcome would be to allow for multi dwelling housing on lots with a minimum 20m frontage and 1000m2 lot size. It is considered that multi dwelling housing on lots with these controls will still achieve a reasonable built outcome and the intent of the amendments, providing it is supported by a density control.

To reduce the risk of overdevelopment in the Shire, a density control is proposed, allowing three residential units for the first 1000m2 of site area and 1 additional unit for every 350m2 thereafter. This will ensure that the density of multi dwelling housing in the area respects the character of the existing townships and villages and does not lead to overdevelopment, but at the same time will not unreasonably restrict development on R3 zoned land. Any lots unable to comply with the 20m site frontage and 1000m2 site area would be required to be amalgamated to achieve suitable outcome and meet the controls. Note that this density control does not prevent the need to comply with the other development controls, including landscaping requirements.

Some further minor amendments are proposed to draft WDCP to address community submissions. The proposed changes to the exhibited version of draft WDCP are not of a nature that would require re-exhibition. It is proposed that the exhibited version of Draft WDCP be adopted with amendments as outlined in this report.

The complete list of proposed amendments are detailed in the table below:

 

Control

Proposed amendments

Minimum Lot Frontage and Lot Area

Control 2

Control 2 is amended to read as:

A minimum site frontage of 20m and minimum lot size of 1000m2 are required for any multi dwelling housing development. (Note: not applicable in Thirlmere)

If the lot has a site frontage less than 30m or lot size less than 1500m2, the development is to meet the following density requirements:

·     Three residential units for the first 1000m2 area; and

·     1 additional residential unit for every 350m2 of land thereafter.

(Note: In case of a decimal number, achievable residential units should be rounded down to the nearest whole number.)

Control 3

The density requirements in Control 2 (above) do not apply if the lot has a site frontage of 30m or greater and a lot size of 1500m2 or greater.

Landscape

Control No. 51

 

Definition of Landscape Area has been added in the draft WDCP to provide further clarification

Control 51 to be amended to read as:

 

‘A minimum 40% of the site shall be landscaped area.

 

Landscape area is defined as;

 

a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard surface area but may include swimming pools.’

Waste Management

Control No. 64

Control 64 to be amended to read as:

 

‘Each multi-dwelling housing development shall incorporate a communal bin storage structure in an easily accessible location. This communal bin storage structure shall incorporate the following:

 

·    A semi-enclosed structure with walls, or other screening such as lattice or slats that complement the external finished materials used throughout the development;

·    Be not more that 25m from the street;

·    Be covered;

·    Contain a hose with hot and cold water connection available;

·    Have an impervious floor;

·    Be located no closer than 3m from any opening within a dwelling; and

·    Adequate lighting.’

New Control (to be identified as control No. 65)

‘For kerb side collection the proposal shall be able to accommodate bins not exceeding the 50% frontage of the site.

 

For the purpose of calculating the minimum area behind the kerb required for bin placement, each bin shall be provided a clear width of 1.0 metre which allows for a 400mm separation distance either side of each bin).’

 

This Control is identified as Control 65.

New Control (to be identified as control No. 66)

‘Any development containing 8 or more dwellings or where kerb side collection is not possible shall provide for onsite collection of waste by a waste collection vehicle. Provision shall be made for forward in / forward out vehicular collection for a 24.5 tonnes vehicle comprising 10.5 metres in length. Turning circles for a waste collection vehicle shall be provided with any development application to which this control applies demonstrating the above can be achieved.’

 

This Control is identified as Control 66.

Table 4 – Post exhibition proposed amendments

 

Part 4.6 – ‘Multi Dwelling Housing at Thirlmere’ under Volume 4 – ‘Residential Developments

No changes are proposed to this section.

 

Consultation regarding proposed post exhibition amendments:

To ensure that the intent of the proposed post exhibition changes adequately address both the issues raised for and against the proposed controls, Council planners discussed these amendments with two submitters as follows:

·    Carlton Road Action Group - CRRAG (supported exhibited controls)

Council staff met with CRRAG representatives and discussed Council’s intention to allow multi dwelling housing on lots with street frontage of less than 30m and site area less than 1500sqm with a limited density to keep such developments sympathetic to the existing character of the Shire. It was noted that these amendments would not apply to the Thirlmere area.  CRRAG representatives did not object to the proposed amendment.

·    Developer (Objected to exhibited controls)

Council planners contacted a developer (proponent with a current development application) who had made a submission regarding the draft controls to discuss the same matters. The developer did not object to the proposed amendment.

Financial Implications

The preparation of the draft Development Control Plan amendment has been carried out by staff within the existing operational budget. The recommendation can be implemented within existing budget allocations.

Attachments

1.       Draft WDCP 2016- Site specific development control plan for Thirlmere (for adoption)  

2.       Draft WDCP 2016 - Part 3.18 - Multi Dwelling Housing (for adoption)  

3.       Draft WDCP 2016 - Part 3.18 - Multi Dwelling Housing (exhibited version)   

 

Recommendation

1.       That Council adopts the proposed amendments to Wollondilly Development Control Plan 2016 (WDCP 2016) for multi dwelling housing.

2.       That the amendments come into effect on the date of the required public notice being advertised in a local newspaper in accordance with the Environmental Planning and Assessment Act.

  


Ordinary Council Meeting Agenda

17 March 2020

 

12          Management and Provision of Infrastructure

12.1       Traffic Management Upgrades - February 2020

File Number:           10619-2#69

 

Executive Summary

·        The Local Traffic Committee Agenda & Notice of Meeting was issued 7 February 2020 to consider a number of reports for traffic management in the Wollondilly Local Government Area and to submit recommendations for Council’s consideration at the Local Traffic Committee Meeting held in Council’s Gallery, 62-64 Menangle Street, Picton on 11 February 2020.  The agenda papers were also distributed to all Councillors.

·        This report recommends that the traffic management proposals as considered by the Local Traffic Committee Meeting of 11 February 2020 be adopted.

Report

The Local Traffic Committee is a Technical Committee of Transport for New South Wales (TfNSW).  The Committee operates under the authority conferred to Council by TfNSW under the Transport Administration Act 1988.

Council has been delegated certain powers by TfNSW with regard to traffic matters upon its local roads.  A condition of this delegation is that Council must take into account the advice of the Local Traffic Committee.

There are four permanent members of the Local Traffic Committee, each of whom has a single vote only.  The members are representatives of the NSW Police Force, TfNSW, the Local State Member of Parliament (for the location of the issue to be voted upon) and a representative of Council.

The Minutes of the Local Traffic Committee Meeting of 11 February 2020 have been distributed and are available on Council’s website.

Only matters requiring a resolution of Council are included in this report, other endorsed upgrades have been approved under delegated authority.

Consultation

Refer to the Local Traffic Committee Agenda details included in the Minutes.

Financial Implications

The proposals for Council projects contained within the Traffic Committee Agenda are able to be funded from Council’s current budget allocations or remain the responsibility of the external applicant.

Attachments

Nil

Recommendation

That the following endorsed traffic management upgrades be approved:

1.       LTC Recommendation 1.1 - Picton ANZAC Day March & Commemoration on Saturday 25 April 2020

That Council approve the following road closures between the hours of 6.30am and 7.00am on Saturday 25 April 2020 for the staging of “The Picton ANZAC Day March” subject to the requirements for the issue of a permit for “Road Event – Road Closure”:

 

•        Menangle Street (West) between Argyle Street and Walton Street

•        Argyle Street between Menangle Street and Memorial Park (south of Downing Street)

2.       LTC Recommendation 1.2 - Bold Jack Country Music Festival 2020, Warragamba – Request for Road Closures

That Council approve the temporary closure of the selected roads in Warragamba as listed in this report, subject to the requirements for the issue of a permit for “Road Event Road Closure”.

3.       LTC Recommendation 1.6 - Camden Cycling Club - Request Approval for Two Cycling Race Events on Stevens Road and Moreton Park Road, Menangle

That Council grant consent to Camden Cycling Club to use Stevens Road and Moreton Park Road, Menangle to conduct two cycling race events subject to the requirements for the issue of a permit for “Road Event – Road Closure” prior to each individual race event, subject to the provision for hostile vehicle mitigation and revised Traffic Control Plans, subject to approval from NSW Police for “Approval to Conduct a Race on a Public Road”.

  


Ordinary Council Meeting Agenda

17 March 2020

 

13          Caring for the Environment

13.1       Integrated Water Management Policy, Strategy & Water Sensitive Urban Design Guidelines

File Number:           10619#903

 

Executive Summary

·        Wollondilly’s natural waterways, as well as the supported fauna and flora ecosystems, are highly valued by our community and are at risk due to poorly integrated water management approaches, a lack of council policy and strategy positions, imminent large scale population growth and potentially adverse waste water management solutions for development areas.

·        To manage these risks to our living spaces and the natural environment, a draft Integrated Water Management Policy and Strategy has been developed to:

o   Explain the risks and implications of poor water management for a growing population

o   Provide for the long term protection of:

§  High value unmodified creeks and rivers with good water quality

§  High value biodiversity including endangered aquatic fauna like Macquarie Perch

§  High value recreation and amenity

§  Climate and community resilience

§  Council’s financial position from the higher than necessary operational costs from the handover of unintegrated stormwater management devices from development.

o   Provide water quality parameters for stormwater system designs

o   Provide an advocacy point for cost effective and equitable provision of potable water and waste water management by Sydney Water.

·        This report recommends that Council endorse the draft Integrated Water Management Policy and Strategy for public exhibition and note that, following the consideration of submissions, a further report will be presented to Council for the adoption of the finalised documents.

Report

The Wollondilly Shire is rich in natural heritage including pristine waterways many of which are fit for primary contact recreation. It is important that these are protected in perpetuity. However, these are at risk from changing land use and potential Sydney Water wastewater treatment options.

The relevant Community Strategic Plan (CSP) Outcomes are:

·        An environment that is valued, preserved and protected with planning and development proposals supporting our values

·        A community that is engaged with and cares about their environment

·        Infrastructure that is sustainably maintained

·        Infrastructure that delivers upon expectations and the needs of our growing community.

The relevant CSP Strategies are:

·        EN1 Protect and enhance biodiversity, waterways and ground waters

·        EN2 Protect the environment from development pressures

·        EN5 Community awareness

·        EN10 Advocacy.

In the process of developing Council’s first Integrated Water Management Policy and Strategy, it has been determined that Council needs to adopt certain policy objectives in order to protect our waterways. This has been determined with modelling using the forecast population growth against business as usual development practices which has highlighted that Wollondilly’s waterways will be subject to significant negative impacts.

In addition to helping protect Wollondilly’s pristine waterways, the Integrated Water Management Policy and Strategy takes the opportunity to:

·        Promote water management assets that are not a resource cost and amenity burden on Council and the community

·        Promote water management assets that also benefit biodiversity, support green space, reduce heat island effects, improve liveability, water conservation and economic growth and security.

Therefore, the following principles for future development have been stipulated in the documents:

·        Achieve a zero impact on local waterways from future development including residential, commercial, agricultural and industrial

·        Use water in the landscape to support sustainable development including community liveability, green neighbourhoods, enhancing biodiversity and climate resilience.

There is a significant opportunity through these documents to achieve remarkable outcomes for the community and the environment. These draft documents provide direction as to what is best for the Wollondilly by establishing Council’s own requirements and advocacy positions to other stakeholders like the Department of Planning, Industry & Environment (DPIE) and Sydney Water to support their planning.

Consultation

The documents were developed by industry experts, Wave Consulting, with input and engagement from various other industry experts and stakeholders including Stuart Khan (UNSW), Ian Wright (UWS), internal Council staff, traditional owners, Sydney Water, Environment Protection Authority (EPA), Office Environment & Heritage (OEH), WaterNSW, DPIE, developers and the community.

Community engagement to receive feedback on the values and issues from the community on water in the region was completed in July 2019. A total of 115 responses were received across a spread of ages, shire locations, residents and workers.

The majority of participants of the survey felt strongly about conserving biodiversity, water conservation, clean stormwater discharges from development sites, the need for Council to provide clear guidance material on water management, the need to utilise water better in the landscape, the need to be good custodians of the land out of respect for the traditional owners and our waterways helping to define Wollondilly as a place of significance.

Financial Implications

The development of the Integrated Water Management Policy and Strategy is budgeted for in Council’s adopted annual budget.

The policy will require ongoing recurrent budget to be dedicated to achieve various actions of the document. These costs will vary from year to year and are dependent on the recommendations from the Strategy and will be the subject of the annual budgeting process.

The Policy will have an influence on the ongoing cost of stormwater devices, their management and maintenance.

Attachments

1.       Integrated Water Management Policy  

2.       Integrated Water Management Strategy   

Recommendation

That Council endorse the draft Integrated Water Management Policy and Strategy for public exhibition and note that, following the consideration of submissions, a further report will be presented to Council for the adoption of the finalised documents.

  


Ordinary Council Meeting Agenda

17 March 2020

 

14          Looking after the Community

14.1       Revision of Social Media Policy - CP0032

File Number:           10619-2#70

 

Executive Summary

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

·        It is recommended that:

1.       The Social Media Policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions.

2.       A report come to Council following the submission period for the policy to 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. A report went to Council with updates at the December 2019 Extraordinary Meeting and was deferred at that time.

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

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.       Draft Social Media Policy  

2.       Changes to Social Media Policy for December 2019 Council Meeting   

Recommendation

1.       That the Social Media Policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the policy to be adopted.

 


Ordinary Council Meeting Agenda

17 March 2020

 

14.2       Donation Applications January/February 2020

File Number:           10619-2#98

 

Executive Summary

·        The purpose of this report is to inform of applications for donations received by Council in the period January/February 2020.

·        It is recommended that donation payments totalling $722.94 be made as allocated to the following recipients:

o   $250 donation be provided to Taylah Robson,

o   $250 donation be provided to Sophie Robson

o   $222.94 donation be provided to the Menangle Australia Day Committee

Report

In January 2020 Council received three applications for Donations:

·    Application for $250 donation from Taylah Robson to attend Oz Tag Trans-Tasman Competition;

·    Application from Sophie Robson to attend Oz Tag Trans-Tasman Competition; and

·    Application for $222.94 from Menangle Australia Day Committee to support the Australia Day Breakfast.

Consultation

The applications have been assessed against the criteria in Council’s Financial Assistance Framework and are eligible to receive funding through the Donations Program.

Financial Implications

The request is able to be funded within the current financial year budget allocation for Sponsorship.

Annual Budget

Current Expenditure

Balance Available

$12,450

$5,950

$6,500

 

Attachments

Nil

Recommendation

That donation payments totalling $722.94 be made as allocated to the following recipients:

·        $250 donation be provided to Taylah Robson;

·        $250 donation be provided to Sophie Robson; and

·        $222.94 donation be provided to the Menangle Australia Day Committee.

 

  


Ordinary Council Meeting Agenda

17 March 2020

 

15          Efficient and Effective Council

15.1       Review of the Interaction with Developers, Lobbyists and Submitters Policy

File Number:           10619-2#33

 

Executive Summary

·        The purpose of this report is to review the Interaction with Developers, Lobbyists and Submitters Policy.

·        It is recommended:

o      that this policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions

o      that a report come to Council following the submission period for the policy to be adopted.

Report

Council’s existing Interaction with Developers, Lobbyists and Submitters Policy (CP0021) has been reviewed and amended as part of Council’s ongoing policy review. The proposed changes to the Policy are set out below.

The changes proposed reflect updated terminology, legislation changes and Plain English improvements. The proposed changes are highlighted in the attached Policy document.

Changes

Reason

1.1, 1.2 & 2.2

added the words “voluntary planning agreement”

Wording suggested by Manager Sustainable Growth

4.1.4 and 4.2.3

Added a statement in regard to Councillors no longer considering development applications

All development applications are now considered by the Local Planning Panel

4.3.1

Added developers and/or lobbyists and/or submitters

This point stated proponents, Manager Development suggested expanding this to include developers, lobbyists and submitters

4.3.8

Changed to briefing sessions

Removed “and published on the council website and noted in the Mayoral Minute”

Councillor Workshops are now known as Briefing Sessions

Wording removed as this does not happen

4.4

Added Councillors

Added to reflect that Councillors are included in keeping records of meetings with developers, lobbyists and/or submitters

New clause added at 4.22 for Disclosure of Political Donations

Manager Sustainable Growth suggested including information regarding political donations

All numbering after this point has been updated

4.25 (was 4.24)

Added “by staff and Councillors unless otherwise advised.  Staff should refer to the Distribution of Confidential Information to Councillors Job Aid”

Updated to reflect all staff and councillors treat council information as confidential

4.28 (was 4.27)

Added “Complaints Coordinator, a relevant manager or alternatively make an anonymous disclosure through an external reporting service”

Manager Governance has been replaced with Complaints Coordinator and an extra dot point for the external reporting service Your Call

8.3

Added two relevant Acts

Added Government Officials Act 2011 and Government Officials (Lobbyists Code of Conduct) Regulation 2014

10.4

Added planning circular

Added department of planning circular as a relevant resource

11.1.1

Changed to Briefing Sessions

Changed Workshop to Briefing Sessions

12.4

Changed responsible officer

Manager Governance replaced with Office of Integrity

 

Consultation

Director Planning, Manager Governance, Corporate Governance & Risk Coordinator, Manager Development Services and Manager Sustainable Growth.

Financial Implications

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

Attachments

1.       Draft Interaction with Developers, Lobbyists and Submitters Policy CP0021   

Recommendation

1.       That this policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the policy to be adopted.

 

 


Ordinary Council Meeting Agenda

17 March 2020

 

15.2       Investment of Funds as at 31 January 2020

File Number:           10619-2#73

 

Executive Summary

·        The purpose of this report is to provide details of Council’s invested funds as at 31 January 2020.

·        It is recommended that the information and certification in relation to the investment of funds as at 31 January 2020 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 central scenario is for the Australian economy to grow by around 2¾ per cent this year and 3 per cent next year, which would be a step up from the growth rates over the past two years. In the short term, the bushfires and the coronavirus outbreak will temporarily weigh on domestic growth. The household sector has been adjusting to a protracted period of slow wages growth and, last year, to a decline in housing prices, with the result that consumption has been quite weak. Following this period of balance-sheet adjustment, consumption growth is expected to pick up gradually. The overall outlook is also being supported by the low level of interest rates, recent tax refunds, ongoing spending on infrastructure, a brighter outlook for the resources sector and, later this year, an expected recovery in residential construction.

 

The unemployment rate declined in December to 5.1 per cent. 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 is 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.

 

Inflation remains low and stable. Over 2019, CPI inflation was 1.8 per cent and underlying inflation was a little lower than this. The central scenario is for CPI inflation to be around 2 per cent in the near term and to fluctuate around that rate over the next couple of years. In underlying terms, inflation is expected to increase gradually to 2 per cent over the next couple of years.

 

There are continuing signs of a pick-up in established housing markets. This is especially so in Sydney and Melbourne, but prices in some other markets have also increased. Mortgage loan commitments have also picked up, although demand for credit by investors remains subdued. Mortgage rates are at record lows and there is strong competition for borrowers of high credit quality. Credit conditions for small and medium-sized businesses remain tight.

 

The easing of monetary policy last year is supporting employment and income growth in Australia and a return of inflation to the medium-term target range. The lower cash rate has put downward pressure on the exchange rate, which is supporting activity across a range of industries. Lower interest rates have assisted with the process of household balance sheet adjustment. They have also boosted asset prices, which in time should lead to increased spending, including on residential construction. Progress is expected towards the inflation target and towards full employment, but that progress is expected to remain gradual.

 

With interest rates having already been reduced to a very low level and recognising the long and variable lags in the transmission of monetary policy, the Board decided to hold the cash rate steady at this meeting. Due to both global and domestic factors, 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 carefully, including in the labour market. It remains 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 January 2020 is summarised on the following page.

 

 

Details of Council’s investment portfolio as at 31 January 2020 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 January 2020 was $557,960.37. 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.       January 2020 Investment Summary Report   

Recommendation

That the information and certification in relation to the investment of Council funds as at 31 January 2020 be noted.

 


Ordinary Council Meeting Agenda

17 March 2020

 

15.3       Conflicts of Interest Policy Review

File Number:           10619-2#75

Executive Summary

·        The purpose of this report is to notify Councillors of the changes to the Conflicts of Interest Policy.

·        It is recommended that:

1.       The Conflicts of Interest Policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions.

2.       A report come to Council following the submission period for the policy to be adopted.

Report

The Conflicts of Interest policy was noted to be reviewed around mid-2019. Since the changes made to the Model Code of Conduct (the Code) in 2019 and specifically to parts 4 & 5 in regards to Conflicts of Interest a comprehensive review of the Conflicts of Interest policy has been carried out.

 

The previous policy included and duplicated much of the information already contained in the Code so it has been stripped back from 13 pages to 4 and speaks specifically to the obligations and accountabilities of Councillors and council officials, including staff, in managing any conflicts that may arise.

The new policy points to the Code for detailed information on:

·    what is considered a conflicts of interest

·    who is affected by a conflicts of interest

·    how to manage a personal conflicts of interest

·    who is responsible for the process of managing conflicts of interest at an organisational level.

The review of the Conflicts of Interest policy has been written in line with plain English objectives. The policy supports the principles of the Code of Conduct.

Consultation

·    Recognising and Managing Conflicts of Interest Fact Sheet May 2017

·    ICAC - Conflicts of Interest Control Framework

·    Model Code of Conduct for Local Government in NSW

·    Benchmarking with other Council’s

Financial Implications

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

Attachments

1.       Conflicts of Interest Policy   

Recommendation

1.       That the Conflicts of Interest Policy be placed on public exhibition for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the policy to be adopted.

 


Ordinary Council Meeting Agenda

17 March 2020

 

16          Notice of Motion/Rescissions

16.1       Notice of Motion - Policy on Hall Hire

File Number:           10619-2#88

 

I, Councillor Judith Hannan, intend to move the following motion:

That we review our Reduction or Waiver of Council Fees and Charges Policy in regard to Hall Hire charges with particular consideration given to deposit requirements for Emergency Services Organisations such as the Rural Fire Service.

 

CEO’s Comment

This motion if adopted can be delivered within existing budget resources.

 

Attachments

Nil

Motion

That we review our Reduction or Waiver of Council Fees and Charges Policy in regard to Hall Hire charges with particular consideration given to deposit requirements for Emergency Services Organisations such as the Rural Fire Service.

 


Ordinary Council Meeting Agenda

17 March 2020

 

16.2       Notice of Motion - Senior Regional Travel Cards

File Number:           10619-2#77

 

I, Councillor Noel Lowry, intend to move the following motion:

That Council write to the member for Wollondilly, Nathanial Smith MP and Transport NSW requesting that Wollondilly Shire Council be included as an eligible LGA in the pilot for the Seniors Regional Travel Card.

 

CEO’s Comment

This motion if adopted can be implemented with existing budget resources.

 

Attachments

Nil

Motion

That Council write to the member for Wollondilly, Nathanial Smith MP and Transport NSW requesting that Wollondilly Shire Council be included as an eligible LGA in the pilot for the Seniors Regional Travel Card.

 


Ordinary Council Meeting Agenda

17 March 2020

 

16.3       Notice of Motion - Establishment of Small Business and Farming Relief Assistance following Natural Disasters

File Number:           10619-2#83

 

I, Councillor Simon Landow, intend to move the following motion:

That the CEO prepares a report to come back to the April 2020 Council meeting that explores options to fund in next year’s budget (2020/21) a dedicated small business and farming financial relief or financial grant scheme for small business and farms within the shire that are impacted by future natural disasters including drought, bushfires and flood.

 

CEO’s Comment

The request to prepare a report is able to be undertaken within existing budgets, however implementation by the April 2020 Council meeting will be a challenge. Inclusion of funding within the 20/21 Operational budget will require consideration by Council and/or the Strategic Resourcing Advisory Committee as part of the budget preparation process.

 

Attachments

Nil

Motion

That the CEO prepares a report to come back to the April 2020 Council meeting that explores options to fund in next year’s budget (2020/21) a dedicated small business and farming financial relief or financial grant scheme for small business and farms within the shire that are impacted by future natural disasters including drought, bushfires and flood.

 

 


Ordinary Council Meeting Agenda

17 March 2020

 

16.4       Notice of Motion - Wildlife Virtual Barrier Trial

File Number:           10619-2#84

 

I, Councillor Simon Landow, intend to move the following motion:

1.       That as part of next year’s budget, (2020/2021) consideration be given to fund a trial and seek partnerships with external parties, such as WaterNSW, to install wildlife virtual barrier fencing along a wildlife movement corridor in the shire for example Silverdale Road to better protect our wildlife from injury or death.

2.       That Council write to the relevant ministers seeking support of the initiative and trial.

CEO’s Comment

Consideration of the inclusion of funding within the 20/21 Operational budget will require review by the Strategic Resourcing Advisory Committee and Council as part of the budget preparation process. A report regarding such a trial can be prepared as part of the budget consideration process.

 

Attachments

Nil

Motion

1.       That as part of next year’s budget, (2020/2021) consideration be given to fund a trial and seek partnerships with external parties, such as WaterNSW, to install wildlife virtual barrier fencing along a wildlife movement corridor in the shire for example Silverdale Road to better protect our wildlife from injury or death.

2.       That Council write to the relevant ministers seeking support of the initiative and trial.

 

    


Ordinary Council Meeting Agenda

17 March 2020

 

17          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:

17.1       Code of Conduct - Office of Local Government Advice

This matter is considered to be confidential under Section 10A(2)(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 alleged contraventions of any code of conduct requirements applicable under section 440

This report deals with referral of Code of Conduct matter to the Office of Local Government.

17.2       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.

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.

 

 

 

 


Ordinary Council Meeting Agenda

17 March 2020

 

18          Questions for Next Meeting

No reports this meeting