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

 

Date:

Tuesday, 21 April 2020

Time:

6.30pm

Location:

Council meeting to be held remotely using audio visual link and is open to members of the community via webcast.

 

AGENDA

 

 

Ordinary Council Meeting

 

21 April 2020

 

 

Ben Taylor

Chief Executive Officer

 


Ordinary Council Meeting Agenda

21 April 2020

 

 


Ordinary Council Meeting Agenda

21 April 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          Appointment of Alternative Panel Members for Sydney Western City Planning Panel 7

11.2          Draft Planning Proposal - Hornby Street, Wilton. 9

11.3          Planning Proposal - 233 and 239 Argyle Street, Picton (land adjacent to Mushroom Tunnel) 21

11.4          Potential Interim Heritage Order - 4 Weir Road, Warragamba. 27

12       Management and Provision of Infrastructure. 30

12.1          Commemorative Naming Options - Honouring Mr Peter Shearer 30

12.2          City Deal Pitchfest Smart Park Trial 32

12.3          Application for Land Access Licence - Lot 2 DP 813474 Argyle Street, Picton - Mushroom Tunnel 34

12.4          Traffic Management Upgrades - March 2020. 36

12.5          Bridge Feasibility for Burragorang Road, Oakdale. 38

13       Caring for the Environment 45

No reports this meeting

14       Looking after the Community. 46

14.1          Long Term Community Recovery and Resilience Plan and Grant Opportunities. 46

14.2          Financial Assistance: Donations and Sponsorship. 55

14.3          The Great Burragorang Valley Walk. 56

15       Efficient and Effective Council 58

15.1          Customer Service Charter 58

15.2          Farmland Rating Policy Review.. 59

15.3          Councillor Submission on Superannuation Payments Options. 61

15.4          Investment of Funds as at 29 February 2020. 63

15.5          Exhibition of Draft Wollondilly Operational Plan 2020/21. 66

 

16       Notice of Motion/Rescissions. 68

16.1          Notice of Motion - Legal Advice for Councillors on oversight of Development Applications and Complying Development Certificates. 68

17       Closed Reports. 69

No reports this meeting

18       Questions for Next Meeting. 70

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 during the proceedings is not permitted unless authorised. This includes recordings on 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. 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 - 17 March 2020

Extraordinary Council Meeting - 2 April 2020

9            Items to be Tabled

Disclosure of Interests – 2019/20


Ordinary Council Meeting Agenda

21 April 2020

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           10619-2#148

 

Recommendation

That the Mayoral Minute be accepted.

 

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  


Ordinary Council Meeting Agenda

21 April 2020

 

11          Sustainable and Balanced Growth

11.1       Appointment of Alternative Panel Members for Sydney Western City Planning Panel

File Number:           10619-2#116

 

Executive Summary

The purpose of this report is to request approval of alternative panel members for the Sydney Western City Planning Panel.

Recommendation

1.       That Council appoint the following candidates as alternative Council representatives in the event a Councillor is unavailable to represent the community at the Sydney Western City Planning Panel:

·        Rachel Harrison

·        John McFadden

2.       That Council resolves another round of recruitment is not required.

 

Report

At the Ordinary Council meeting held on 9 December 2019, Council received a report on the outcome of an EOI for members on the Wollondilly Western Sydney Planning Panel. The report recommended five suitable candidates for appointment based on successfully meeting the following criteria.

1.       Relevant qualifications (preferably planning)

2.       Mix of public and private experience

3.       Experience in local government (recent preferred)

4.       Experience on other planning panels (LPP and RPP)

5.       Understanding of the planning framework for South West Sydney

 

 The following was resolved by Council at the Ordinary Council meeting held on 9 December 2019:

RESOLUTION  292/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Michael Banasik

1.       That a panel consisting of the Mayor, Deputy Mayor, Cr Hannan meet with the five recommended applicants to the Sydney Western City Planning Panel (SWCPP) as alternative Council representatives in the event a Councillor is unavailable to represent the community.

2.       That the panel consider a further round of recruitment if required.

3.       That a report be brought back to Council for Council approval of the members.

On being put to the meeting the motion was declared CARRIED 6/0

In Favour:   Crs Judith Hannan, Michael Banasik, Matthew Deeth, Matthew Gould, Blair Briggs and Simon Landow

Against:      Nil

 

On Tuesday, 3 March 2020, a panel, consisting of the Deputy Mayor and Cr Hannan met with the five recommended applicants. The Mayor was an apology at this meeting but has endorsed the recommendations of the panel.

Consultation

The Panel confirmed on 3 March 2020 that they would like to proceed with the recommendation to appoint Rachel Harrison and John McFadden as alternative Council representatives on Sydney Western City Planning Panel in the event a Councillor is unavailable. This decision was made based on the applicants’ skills, experience, local knowledge and capabilities.

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


Ordinary Council Meeting Agenda

21 April 2020

 

11.2       Draft Planning Proposal - Hornby Street, Wilton

File Number:           10619-2#115

 

Executive Summary

This report presents details of a planning proposal submitted for Hornby Street, Wilton, within the Wilton Growth Area and recommends that the planning proposal not be supported at this time on the grounds of prematurity. 

The planning proposal seeks to amend the Wollondilly Local Environmental Plan 2011 (Wollondilly LEP 2011) by rezoning lots along Hornby and Almond Streets, Wilton to R2 Low Density Residential, E2 Environmental Conservation, and RE1 Public Recreation to facilitate approximately 490 residential lots.

The Wollondilly Local Planning Panel considered the proposal on 13 February 2020.

The Panel advises Council that the site has both strategic merit and site specific merit within the context of the Wilton Urban Growth Area. However, the Panel supports the officer’s conclusion that the rezoning of the site is premature at this stage, particularly having regard to the limited capacity of infrastructure.

Recommendation

1.   That Council notes the Local Planning Panel’s advice regarding the planning proposal submitted for Hornby Street, Wilton; and

2.   That Council resolves not to support the planning proposal at this time on the grounds of prematurity for the following reasons:

a)   Under the Growth Areas SEPP the Wilton Growth Area has an area wide cap of 15,000 dwellings. Within Wilton 2040 the overall dwelling cap is allocated across all the Precincts. However only part of the SE Wilton Precinct is currently zoned under the SEPP and the remaining under the LEP. Given that the 15,000 dwellings have already been allocated across all the SEPP precincts, there is no remaining allocation for the LEP zoned portion of the SE Wilton Precinct.

b)   The 490 lots, would impact the cap and infrastructure and provision of open space, road and intersection triggers, education and health needs and would need re-evaluation in consultation with the state government.

c)   Currently the SE Wilton Precinct is zoned under both the SEPP and the LEP. Council advocated to undertake precinct planning for the remaining SE Wilton in collaboration with the Department. It is Council’s preference that the land be zoned under the SEPP to ensure consistent planning outcomes under the Neighbourhood Plan process, the Wilton DCP, the outstanding Cumberland Plain Conservation Plan and the Green Plan, the draft Contributions Plan and the draft SIC.

d)   Without a comprehensive approach to the planning of the remainder of the SE Wilton precinct it is difficult to determine the appropriate levels of local and State infrastructure embellishment that would apply to the site.

e)   The proposal does not provide adequate levels of useable open space in line with current planning for Wilton Growth Area.

f)    The proposal does not address the role of the site as transition between the Wilton township and the more dense areas of the recent development in Wilton. The lot sizes are considered too small for such a transitional space and do not reflect the outcome that would best integrate with existing residential subdivision patterns.

g)   The proposal represents overdevelopment of the site.

h)   Ad hoc planning proposals for the remaining land within the Growth Area distract Council and its resources from delivering good robust planning outcomes in existing urban development zoned land within Wilton Growth Area.

Report

A planning proposal for the site was originally submitted in September 2018. In June 2019, a revised planning proposal was lodged by Michael File of FPD Pty Ltd on behalf of Wilby Property Pty Ltd. The proposal seeks to rezone land in Wilton to enable residential development for various lots in Hornby and Almond Streets, Wilton. The proposal is not subject to a Gateway determination nor has it proceeded to preliminary notification.

The lots affected by this proposal are listed below:

·    Lot 20 DP 253157

·    Lot 21 DP 253157

·    Lot 22 DP 253157

·    Lot 15 DP656868

·    Lot 1 DP 207392

·    Lot 2 DP 207392

·    Lot 3 DP 207392

·    Lot 4 DP 207392

·    Lot 5 DP 207392

·    Lot 6 DP 207392

·    Lot 7 DP 207392

·    Lot 8 DP 207392

·    Lot 9 DP 207392

·    Lot 10 DP 207392

·    Lot 11 DP 207392

·    Lot 12 DP 207392

·    Lot 13 DP 207392

·    Lot 2 DP 1044944

·    Lot 14 DP 207392

·    Lot 15 DP 207392

·    Lot 16 DP 207392

·    Lot 1 DP 1044944

·    Lot 1 DP 744620

 

 

The Hornby Street site is currently zoned RU2 Rural Landscape, RU4 Primary Production and SP2 Infrastructure and has a combined area of 31.34 hectares. It covers 23 separate lots, three owned by the proponent and one lot covering the State Heritage water canal owned by Water NSW. The remaining lots are owned by various landowners.

The site is bound by Hornby Street to the north, Almond Street to the east and Picton Road to the south. Bingara Gorge, land zoned Rural Landscape (RU2) and land zoned Public Recreation (RE1) also sit to the north of the site. The existing Wilton township sits to the north east of the site. Land to the south of the site forms part of South East Wilton Precinct zoned for residential development in 2018 under the State Environmental Planning Policy (Sydney Region Growth Centres). Figures 1, 2 and 3 provide a site context map, aerial map and site context map with SE Wilton Precinct and the broader Wilton Growth Area.   

 

Figure 1: Site Context Map   


Figure 2: Aerial Map

 

Figure 3: Subject Site within the Wilton Growth Area and within SE Wilton Precinct

 

Background

A planning proposal was originally submitted for the Hornby Street site in September 2018 and was the subject of a Council briefing on 26 November 2018. This original proposal sought to rezone the site to R1 General Residential, E2 Environmental Conservation and RE1 Public Recreation to facilitate 565 residential lots. The proposal was not pursued further until discussions resumed with the landowners in February 2019.

A revised planning proposal (the current proposal) for the site was resubmitted in June 2019.

Planning Proposal 

The revised planning proposal is to rezone the site to:

·        R2 Low Density Residential,

·        E2 Environmental Conservation,

·        RE1 Public Recreation, and

·        Retain the existing SP2 Infrastructure zone for the existing water pipeline.

The proposal also seeks to:

·        Reduce the minimum lot size of 16ha and 1ha to a minimum lot size of 250m2, and

·        Apply a maximum height of building of 9m.

The intention of the proposal is to facilitate approximately 490 residential lots ranging in size from 250m2 to 450m2, and for 3.43ha of open space which consists of 1.95ha of Public Recreation (RE1) land (pocket parks) and 1.11ha of riparian land as Environmental Conservation (E2) land along Stringy Bark Creek. The proposal will also include linear space (SP2 Infrastructure) over the State Heritage water pipeline. The proposed intention for development is shown in the Layout Plan in figure 4.

Figure 4: Layout Plan

Studies

An Urban Design, and Flora and Fauna studies were submitted with the current planning proposal. 

The following studies were submitted with the previous iteration of the planning proposal:  traffic, desktop riparian lands, noise, odour, contamination, geotechnical, utility services, and economic reports.

An outline of the studies has been provided below.

Urban Design Report

An Urban Design Report by Urbanco dated May 2019 outlines key considerations of the site analysis, topography, access to employment lands and Bingara Gorge Town Centre, the heritage listed water pipeline, ridge lines and catchment area, acoustic impacts along Picton Road, future traffic volumes, existing vegetation, and asset protection zones.

The report outlines:

·        A dwelling yield of 18.5 dwellings/ha.

·        Land along the water canal will incorporate pedestrian and cycle paths, small green spaces, kick-about areas and landscaping.

Council comment

Water NSW and State Heritage comment would be required to ensure the permissibility and compatibility of any open space infrastructure proposed for the water canal land.

Any open space would need to be in line with the draft Contributions Plan and the Land Dedication Plan. The amount of open space required to support the proposal 490 dwellings is approximately 4.3ha, which must be zoned as RE1 to ensure the land can support and satisfy the recreation needs of the additional residents.

The provision of open space in the proposal including size, type, location and embellishment level is unsatisfactory. In terms of the adjoining sportsground, this provision covers the needs of Bingara Gorge estate and South East Wilton stage 1 development applications. Council’s Dedication of Land Policy outlines that E2 Environmental Conservation and SP2 Infrastructure land will not be included in open space allocation. In this instance the proposed land along the riparian corridor is considered unsuitable for the purpose of open space dedication.

Lot sizes proposed do not respond to or complement the adjoining residential development in existing Wilton, particular along Hornby Street. These adjoining lots are 1,000m2 and above. No consideration has been given to transitioning lot sizes in these areas to provide sensible, orderly and commensurate planning for the locality to respond to the existing and desired character. 

Flora and Fauna Assessment Report

A Flora and Fauna Assessment Report (desktop assessment) by Ecological Australia dated June 2019 noted the following constraints of the site:

·        Areas of Shale Sandstone Transition Forest mapped as high constraint

·        Planted vegetation mapped as moderate constraint

·        A second order stream mapped as high constraint

·        High biodiversity value land as mapped on the Biodiversity Values Map (BVM) as high constraint (OEH 2019)

·        Several dams mapped as moderate constraint

·        Areas of low constraint identified as first order streams, cleared land and hardstand surfaces.

The report notes that any impacts or clearing on the land would need to be assessed under the relevant legislation. The report also recommends that a field survey is conducted to validate the biodiversity values to ensure a more accurate assessment of potential development implications.

 

Council comment

The impacts of proposed land clearing would need to be assessed against relevant legislation. It is not clear from the proposal how much clearing of land is proposed or would be undertaken.

The mapping of vegetation communities (considered as constraints to housing, but as valued attributes to the Shire) is based on a desktop review and aerial photographic interpretation. However, the Environment, Energy and Science Branch (formerly the Office of Environment and Heritage) recommends that Stage 1 of the Biodiversity Method be applied at the planning proposal stage to adequately identify biodiversity values of the site and ensure a suitable basis for zoning boundaries. This would need to be undertaken if a Gateway determination were to proceed.

Further work is also required to consider recent observations of koalas, as well as mapping of koala habitat corridors that are now publicly available on the NSW SEED Environmental Portal. This would need to be undertaken if the proposal proceeds and would need to align boundaries with State Environmental Planning Policy 44 (Koala Habitat Protection) mapping and the Cumberland Plain Conservation Plan (CPC). Note the CPCP is still in development and is expected to be exhibited later in 2020.

Traffic

A Traffic and Access Assessment Report by Positive Traffic dated August 2018 was based on the proposal for 500 lots. The report found that any future traffic volumes on roads surrounding the site would be within expected peak traffic flows and would result in satisfactory intersection operating conditions at Picton Road/Pembroke Parade and Picton Road/Almond Street. This finding would require confirmation from Transport NSW.

The report indicates intersection upgrades (Pembroke and Almond) will be done through other development agreements not part of this development.

Council Comment

Any additional housing or earlier housing delivery would need to reconsider all triggers for intersection works and road upgrades, and should contribute towards the State’s ‘no cost to Government infrastructure provision requirement’.

 A cumulative impact assessment for additional housing would need to be undertaken, including looking at integrating the road and pedestrian connections to Bingara Gorge, and existing links into Wilton and South East Wilton (Walker).

The current proposal has been prepared in an insular manner, looking inward, without planning for place and connection beyond.

Further consultation is required with Transport for NSW. 

Riparian Constraints Assessment

A desktop Riparian Constraints Assessment by Ecological Australia dated June 2018 notes that 1.11ha of riparian land is within the site and along Stringybark Creek and that development is not permitted within the inner 50% of the Vegetated Riparian Zone (VRZ) except for road crossings.

Development is permitted in the outer 50% of the VRZ if a 1:1 riparian offset compensation is applied elsewhere on the site using the averaging rule.

Council comment

Should the proposal proceed it is recommended that cleared areas in the riparian zone be fully rehabilitated and appropriate buffers put in place.

Further consultation and assessment would be required by the Office of Water and Energy, Environment and Science for the riparian area.

Noise Assessment

A Noise Assessment by Wilkinson Murray dated June 2018 notes that Picton Road traffic volumes do not exceed more than 40,000 vehicles per day, meaning that consideration of the internal noise levels nominated under the Infrastructure SEPP at future residences is not required. However, as volumes are more than 20,000, appropriate residential construction measures for dwellings fronting Picton and Hornby Roads will be required.

The assessment notes that new development has the potential to generate additional traffic and therefore increase noise along the surrounding road network. The assessment also notes that traffic noise as a result of this development meets assessment criteria, although along Almond Street levels marginally exceed the assessment criteria.

Council comment

The Noise Assessment took into account the future development of the South East Wilton Precinct, however the report underestimated the possible lot generation of 3,600 dwellings in SE Wilton and therefore traffic volumes of that Precinct. It should be noted that Bingara Gorge has a noise wall and any new development along Picton Road may also require construction of a noise wall.

Air Quality

An Air Quality Assessment by Wilkinson Murray dated June 2018 notes that the ambient quality in the area surrounding the site is good to very good, and that air quality impacts from existing activities in the surrounding area and from vehicles on major roads are unlikely.

The assessment determined that from an air quality perspective the site is suitable for residential development.

Preliminary Site Investigation (Contamination)

A Preliminary Site Investigation by Douglas Partners dates July 2018 noted 32 Areas of Environmental Concern (AEC) that require further investigation. The assessment also notes that these AECs are not likely to pose a constraint to the proposed residential subdivision.

The AECs identified require further investigation by way of a Detailed Site Investigation, with intrusive soil sampling.  If the proposal proceeds, a suitably experienced Contaminated Lands Consultant will need to undertake a Detailed Site Investigation.

Geotechnical Assessment

A Geotechnical Assessment (desktop assessment) by Douglas Partners dated July 2018 indicates the site is generally suitable for the proposed urban development from a geotechnical perspective. However, it notes that portions of the site will be constrained by slope instability and some geotechnical constraints, including buffer zones, surface and subsurface drainage.

Design Report (Utility Services)

The Design Report by LP Consulting has been submitted.

The report looks at the existing infrastructure services in the area, including:

·        Sydney Water Sewer and Water mains

·        Wilton Recycled Water

·        Endeavour Energy

·        Telstra

·        Gas – Jemena

Council Comment

There is no indication if capacity exists in the infrastructure for the proposed development. Council has identified infrastructure as a significant consideration that needs to be determined upfront with any rezoning, which includes necessary public utility and service infrastructure.

This has been a significant challenge for land already zoned. This proposal is considered to be premature as developers of existing zoned and planned precincts are continuing to work with the State government and utility providers to ensure adequate servicing can be accessed. 

Supporting this proposal out of sequence would exacerbate the existing challenges and planning underway to service zoned land and land currently being considered through collaborative exercises.

In terms of wastewater, Sydney Water has indicated an interim solution of individual Sewerage Treatment Plant packages would be necessary until the longer term solution is finalised. This requires space on-site for the package, and surplus on-site land for irrigation. Further consultation with Sydney Water is required to determine suitability of treatment options.

 

Economic Assessment

A Background Economic Report by MacroPlan Dimasi dated August 2018 looked at the viability of the residential development on the site. Findings of the assessment were:

·        The medium to long-term outlook for new house and land developments in south-west Sydney remains positive.

·        To support housing affordability greater housing diversity in the urban fringe is required.

·        The net dwelling density planned for the site of around 21 dwellings/ha will allow a range of housing types to accommodate all household needs, support market demand and stabilise local dwelling prices.

Additional Information

Additional information was submitted on the 12 February 2020 just prior to the Local Planning Panel meeting. The information included:

·        A response to Council’s reasons for refusal;

·        A report of infrastructure availability;

·        A letter to the Local Planning Panel regarding infrastructure; and

·        A submission and letter of offer to the DPIE state infrastructure contributions plan.

A Servicing & Infrastructure Report was submitted by the proponent. The report suggests that there is sufficient water and wastewater capacity to service the initial development of the site, through additional investments planned by Sydney understood that any additional capacity on adjacent lands has been otherwise accounted for. Additionally, Sydney Water has not yet finalised a timeframe for a long term wastewater solution for Wilton.

The proponent has provided a letter to the Local Planning Panel outlining an intention to contribute to local infrastructure under the Contributions Plan, or in lieu of the Plan not being made, to enter into a VPA with Council. It is noted that the proposal includes SP2 Infrastructure and E2 Environmental Conservation lands as part of their open space contribution. Council’s Land Dedication Policy outlines that it will not consider SP2 and E2 land against open space requirements. Under the draft Contributions Plan, there is no surplus for the proposed development, which means the proponent will need to contribute to open space and provide on-site as they will not be able utilise existing open space to provide for the increased population. Additionally any open space area will not be considered if under 5000m2.

The proponent has written to the DPIE with an offer to enter into a VPA with the Minister to provide a contribution for State infrastructure. It is noted that the planning proposal is for 490 residential lots, however the proponent’s submission for State infrastructure outlines only 255 lots. Council has no further information regarding the progression of any negotiations regarding this matter.

 

PLANNING CONTEXT

Western City District Plan

The Hornby Street site is within the Wilton Growth Area identified as a ‘land release area’ or ‘urban area’ and is not within the Metropolitan Rural Area. The proposal is for residential development and so in this regard the proposal is consistent with the Western City District Plan. It is however, out of sequence and not currently identified for rezoning or release.

The Western District Plan sets a 0-5 year (2016-2021) housing supply target for Wollondilly Shire Council of 1,550 dwellings. Dwelling completions since 2016, combined with the existing capacity of rezoned land and the projections for Wilton Growth Area are expected to satisfy this requirement.

 

The subject site is not within the SEPP zoned area of the Wilton Growth Area and is not considered necessary in order to meet the housing target in the District Plan timeframe of 2016 to 2021. Further, the existing rezoned land with SE Wilton and North Wilton has the capacity to deliver 9,200 dwellings.

Any new housing must be closely aligned with planned local and State infrastructure provision.

Wilton 2040

The Hornby Street site sits within the Wilton Growth Area as outlined in the Structure Plan, and specifically it sits within the South East Wilton Precinct. Only part of the South East Wilton Precinct has been rezoned under the SEPP. The remaining land is still zoned under the Wollondilly LEP until further work occurs to plan the precinct in future. Figure 3 shows the whole of the Wilton Growth Area, including the SE Wilton Precinct outlined in black, the SEPP zoned portion coloured light grey, the SE Wilton Precinct LEP zoned portion hatched in red, and the Planning Proposal subject site coloured red.

Under this plan the proposal is considered inappropriate at this stage for the following reasons:

·        Under the Growth Areas SEPP the Wilton Growth Area has an area wide cap of 15,000 dwellings. Within Wilton 2040 the overall dwelling cap is allocated across all the Precincts. However only part of the SE Wilton Precinct is currently zoned under the SEPP and the remaining under the LEP. Given that the 15,000 dwellings have already been allocated across all the SEPP precincts, there is no remaining allocation for the LEP zoned portion of the SE Wilton Precinct.

The 490 lots, would impact the cap and infrastructure and provision of open space, road and intersection triggers, education and health needs and would need re-evaluation in consultation with the state government.

·        Currently the SE Wilton Precinct is zoned under both the SEPP and the LEP. Council advocated to undertake precinct planning for the remaining SE Wilton in collaboration with the Department. It is Council’s preference that the land be zoned under the SEPP to ensure consistent planning outcomes under the Neighbourhood Plan process, the Wilton DCP, the outstanding Cumberland Plain Conservation Plan and the Green Plan, the draft Contributions Plan and the draft SIC.

·        Without a comprehensive approach to the planning of the remainder of the SE Wilton precinct it is difficult to determine the appropriate levels of local and State infrastructure embellishment that would apply to the site.

·        The proposal does not provide adequate levels of useable open space in line with current planning for Wilton Growth Area.

·        The proposal does not address the role of the site as transition between the Wilton township and the more dense areas of the recent development in Wilton. The lot sizes are considered too small for such a transitional space and do not reflect the outcome that would best integrate with existing residential subdivision patterns.

·        The proposal represents overdevelopment of the site.

·        Ad hoc planning proposals for the remaining land within the Growth Area distract Council and its resources from delivering good robust planning outcomes in existing urban development zoned land within Wilton Growth Area.

 

 

 

 

Infrastructure

Discussions are ongoing with Sydney Water to resolve wastewater servicing issues in Wilton Growth Area including the timing and delivery of an ultimate solution. Ideally, the wastewater servicing issues need to be resolved for areas already zoned under the SEPP before any further land is rezoned for urban purposes. Wastewater servicing for the subject site has not yet been considered.

 

Community Strategic Plan

The CSP notes that the Council’s priority focus for growth will be the development of a new town at Wilton. The CSP also notes that that Council will continue to plan for new and improved infrastructure and facilities for the planned development of Wilton New Town.

The proposal is for land within the growth area, however the land has not been zoned under the Growth SEPP and the proposal is premature in regards to infrastructure provision.

Wollondilly 2040 (Draft Local Strategic Planning Statement)

Council resolved at its meeting of 11 February 2020 to endorse the final draft of the Local Strategic Planning Statement for referral to the Greater Sydney Commission for the purposes of assurance.

The draft LSPS identifies the need to ensure appropriate infrastructure and servicing is provided to support exemplar development in Wilton.  It is noted that an action of the LSPS for Wilton is to work in collaboration with the Department to master plan the remainder of the South East Wilton precinct. Council staff are working with the Department in this respect and this work needs to be completed before any further land is rezoned.

The LSPS has now received final GSC assurance and been formally made, and accordingly represents Council’s strategic land use policy.

Consistency with S9.1 Directions

An assessment against the relevant Directions is included in the attachments.

Consistency with State Environmental Planning Policies

An assessment against the relevant SEPPs is found in the attachment.

Advice from the Wollondilly Local Planning Panel

The Local Planning Panel met on the 13 February 2020 and resolved as follows:

The site has both strategic merit and site specific merit within context of the Wilton Urban Growth Area. However, the panel supports the officer’s conclusion that the rezoning of the site is premature at this stage, particularly having regard to the limited capacity of infrastructure. In this regard the proponent needs to come to an agreement with council and state government through a Voluntary Planning Agreement and meet the requirements of a future Special Infrastructure Contribution as legislated. The proponent should commence early discussions with Sydney Water in relation to the ability to deal with sewage disposal.

Council’s adoption of the Local Strategic Planning Statement (LSPS) which has a specific commitment to engage in a collaborative process with Department of Planning, Industry and Environment on the Wilton Green Plan (Note: the advice refers to the Wilton Green Plan, however it should read the Precinct Plan for SE Wilton), highlights council’s commitment to undertake the necessary planning to support the rezoning of the site. The LSPS gives this a short term (1-5 year) timeframe. The panel recommends that council bring this work forward.

The panel is of the view that it is premature to refer the planning proposal to Gateway at this stage.

The LPP meeting minutes are attached as Attachment 5.

 

 

Consultation

The Planning Proposal has not proceeded to preliminary notification.

Council officers have discussed the proposal with DPIE officers and have identified concerns about prematurity in several meetings with the proponent.

Conclusion

The proposal is considered inappropriate at this stage because:

1.   There is currently no capacity for allocation of the SEPP dwelling cap for the LEP zoned portion of the SE Wilton Precinct, including the subject land. 

2.   Council is in discussions with DPIE to undertake precinct planning for the remainder of the SE Wilton Precinct. The proposal should be progressed under the Growth Areas SEPP to ensure consistent planning including, the preparation of associated neighbourhood plans, appropriate density banding, the application of specific controls currently being developed in the Wilton DCP and infrastructure provision in line with the draft local infrastructure plan.

3.   It falls short on infrastructure provision, especially public open space.

4.   It does not appropriately transition between existing larger lots in existing Wilton and the new development in Bingara and SE Wilton.

5.   An additional 490 lots on the site is considered over development given the lack of usable open space and transition areas.

6.   It is unclear whether any significant state infrastructure is to be provided adjoining to or through the site.

7.   Planning Proposals outside the currently zoned land in SE Wilton and North Wilton detract from delivering good planning outcome within the existing zoned Wilton Growth Area. These zoned areas should be the focus for Council in the short term.

Financial Implications

The applicant has paid the applicable planning proposal lodgement fee.

The proponent has provided a letter to the Local Planning Panel outlining an intention to contribute to local infrastructure under the Contributions Plan, or in lieu of the Plan not being made, to enter into a VPA with Council.

 

Attachments

1.       Attachment 1 - Hornby Street Planning Proposal document - June 2019  

2.       Attachment 2 S9.1 Directions  

3.       Attachment 3 Consistency against State Environmental Planning Policies  

4.       Attachment 4 - Current and proposed zoning and minimum lot size  

5.       Attachment 5: Local Planning Panel's Advice - Hornby Street Planning Proposal   

 

 


Ordinary Council Meeting Agenda

21 April 2020

 

11.3       Planning Proposal - 233 and 239 Argyle Street, Picton (land adjacent to Mushroom Tunnel)

File Number:           10619-2#128

 

 

Applicant                               Michael Brown Planning Strategies

Proposal:                              Planning Proposal to rezone the land to enable the development of the site for residential purposes

Current Zoning:                   RU2 Rural Landscape

Address:                               233 and 239 Argyle Street, Picton

Lot and DP:                           Lots 1 and 2 DP 223667

 

Executive Summary

The purpose of this report is to seek Council’s agreement that the planning proposal for land adjacent to the mushroom tunnel at numbers 233 and 239 Argyle Street, Picton, being Lots 1 and 2 DP 223667, should not progress given the proponent no longer wishes to proceed.  The proposal sought to amend the Wollondilly Local Environmental Plan 2011 (WLEP 2011) by rezoning the land for residential purposes.

A Gateway determination was issued by the then DPE on 23 March 2015.  In August 2019, Council wrote to the proponent providing Sydney Water advice that the Picton Treatment Plant had no spare capacity and that in the interim, the applicant would need to consider on-site wastewater management options. Additionally, other technical information to support the proposal remains outstanding and other issues still need to be addressed.  No response has been received to further requests for this information.

On 4 February 2020, Council was advised that the landowner did not wish to proceed with the planning proposal and requested that it be withdrawn. A Council resolution recommending the proposal not proceed is still required given a Gateway determination has been issued.

The proponent has also requested a refund of fees paid.  However, given the work that has been done in the assessment of this proposal, a refund is not supported.

Recommendation

That Council:

1.       Notes that the proponent no longer wishes to proceed with the planning proposal to rezone land adjacent to the mushroom tunnel at numbers 233 and 239 Argyle Street, Picton, being Lots 1 and 2 DP 223667;

2.       Agrees that the planning proposal should not proceed;

3.       Writes to the Department of Planning, Industry & Environment to advise that  the planning proposal has been withdrawn and that the Gateway determination issued on 23 March 2015 should no longer proceed; and

4.       Refuses the proponent’s request for partial withdrawal of fees paid given the extensive work undertaken by Council officers in the assessment of the planning proposal.

 

 

 

 

Report

Background

The planning proposal was initially lodged with Council in April 2014, and proposed to rezone the site from RU2 Rural Landscape to a combination of:

·        R2 Low Density Residential,

·        R5 Large Lot Residential, and

·        RE1 Public Recreation. 

The minimum lot sizes initially proposed were 450m2 for the proposed R2 zone and 1,250m2 for the proposed R5 zone from the existing 16ha minimum allotment size for subdivision.

At its Ordinary Meeting in October 2014, Council resolved to support the proposal with amendments and to forward the proposal to the (then) NSW Department of Planning & Environment (DPE) for a Gateway determination.  The Proposal was amended to restrict the rezoning to residential only, with an increased minimum lot size of 700m² for the R2 zone proposed portion and an overall maximum building height of 6.8 metres.  The proposed RE1 zone portion was removed as Council was reluctant to accept the land for dedication.

A Gateway determination was issued by the DPE on 23 March 2015, which is provided as Attachment 1 to this Report.

In August 2019, Council wrote to the proponent advising that Sydney Water had advised that the Picton Treatment Plant Effluent Management system had no capacity to manage additional treated effluent and that the approval, planning and delivery of amplification of the Plant will take up to four years. Similar public information has also recently been provided on the Sydney Water website.

Sydney Water advised in the interim that the applicant would need to consider on-site wastewater management options. The proponent was therefore advised by Council on 13 August 2019 that there is no wastewater capacity to support the proposal and the proponent was requested to withdraw the proposal.

In addition to the servicing issue, it is noted that a series of specialist studies have been prepared to support the planning proposal. The proponent was previously advised that a number of these reports need to be updated and other outstanding issues still need to be addressed.  No response has been provided by the proponent.

 

Request for withdrawal by the Applicant

On 4 February 2020, the applicant (Michael Brown Planning Strategies) advised Council in writing that the landowner did not wish to proceed with the planning proposal and requested that it be withdrawn. A copy of this letter is provided as Attachment 2 to this Report.

The planning proposal was to be reported to the Wollondilly Local Planning Panel (LPP) for advice and was subject to a finalised report which had been prepared for the meeting to be held on 13 February 2020. Notification letters advising of the LPP Meeting were sent to the applicant, landowner and persons who originally made submissions on the Planning Proposal during the preliminary notification period.  The report was made publicly available. The applicant advised Council that they wished to withdraw the proposal once they reviewed the report prepared for LPP.  The report recommended the proposal not proceed, predominantly due to sewer capacity issues and outstanding study matters.

At the Local Planning Panel meeting held on 13 February 2020, the Chair advised the public that the proposal had been withdrawn, with the item noted in the Minutes as withdrawn on the night.  A copy of the report prepared for the LPP meeting on 13 February 2020 is provided as an attachment to this report. It provides more background detail on the proposal and identifies the key planning issues with the proposal, outstanding matters that still need to be addressed and an assessment of the proposal against the key planning policies and legislation based on the information currently available.

In accordance with Council’s Planning Proposal Policy (Clause 4.13 Subclause 1), a draft planning proposal can only be withdrawn by the proponent prior to a request for a Gateway determination. A departure from the policy (clause 4.14) can be considered where there are extenuating circumstances and must be justified in writing by the Proponent.  Variations must be approved by Council’s Director Planning or CEO where there is a conflict of interest.

As this planning proposal had already been issued with a Gateway determination (on 23 March 2015), a departure from the policy was considered and justification was provided by the proponent.

The Department of Planning, Industry & Environment (DPIE) has confirmed advice from the Local Planning Panel is not required in progressing this matter.  However, a Council resolution recommending the Gateway determination not proceed is still required. 

 

Description of Proposal

The planning proposal comprises two (2) lots with a total area of approximately 4.017 hectares, as detailed in the table below:

Address

Lot/DP

Size (ha)

233 Argyle Street, Picton

2/233667

1.253

239 Argyle Street, Picton

1/233667

2.818

 

The site is located directly opposite the intersection of Argyle Street and Lumsdaine Street, and abuts the Mushroom Tunnel to the north and the southern railway line to the south west.  Refer to the Location Map provided in Figure 1 below.

   Figure 1: Location Map of Subject site at 233 and 239 Argyle Street, Picton

 

The planning proposal sought to amend the provisions of Wollondilly Local Environmental Plan 2011 (WLEP 2011) to enable the site to be developed for residential purposes.  The proposal intends to achieve this by amending WLEP 2011 in the following manner:

·        Amending the Land Zoning Map from Zone RU2 Rural Landscape to Zone R2 Low Density Residential and R5 Large Lot Residential for Lots 1 and 2 DP 223667 as shown in Figure 2.

·        Amend the Height of Building Map to impose a height limit of 6.8 metres.

·        Amend the Lot Size Map by removing the 16 ha minimum lot size and applying a minimum lot size of 700m² to the proposed R2 portion of the site and a minimum lot size of 1250m² to the proposed R5 portion of the site.

 

 

PLANNING CONTEXT

An assessment against relevant strategic planning policies and plans was undertaken as part of the preparation of the report prepared for consideration by the Local Planning Panel. A detailed discussion of these matters is included in Attachment 3. 

Consultation

Community and Public Agency Consultation

Preliminary community consultation was undertaken from 21 May, 2014 until Wednesday 18 June 2014. As part of this consultation adjoining and potentially affected properties were notified of the proposal and provided the opportunity to make comment. A total of four (4) submissions were received and of these submissions two (2) objected and two (2) submissions were neutral.  These were considered by Council prior to the request for a Gateway determination at its meeting of 13 October 2014. 

The proposal has not yet proceeded to formal public exhibition.

In accordance with the 2015 Gateway Determination, Council consulted with a number of public agencies. Although this typically occurs during the formal public exhibition of the proposal, Council undertook an initial consultation with government agencies on this proposal to ensure all relevant issues were being addressed and also to obtain requirements for the preparation of the specialist studies for the proposal. A total of six (6) submissions were received from relevant agencies (including two from Sydney Water and two from OEH) over the course of the assessment of the planning proposal.

The key matters raised by these government agencies are outlined in the LPP report that was following the withdrawal of this planning proposal by the proponent, past submitters were formally notified that the proposal would not be considered by the LPP.

 

Key Planning Issues

Sydney Water’s advice that there is no capacity in the wastewater network to accommodate the proposal was forwarded to the applicant. The applicant was advised that in order to determine whether suitable land could is available for onsite effluent reuse, a comprehensive Wastewater Report would be required which addresses how the wastewater will be managed on site, the end uses of the wastewater, once treated, (ie will it be recycled) and how the environment surrounding the proposed development will be protected.

 

This is not a reasonable outcome, nor viable for the locality, and the proposal for a separate waste water treatment solution has not been pursued.

 

In addition to the insufficient wastewater capacity, the following matters also remained outstanding:

·        Traffic – a revised traffic assessment and updated Indicative Development Layout Plan is required which considers the recently adopted Picton Town Centre Transport Plan (approved by Council on 19 August 2019) including justification and analysis of the proposed traffic considerations for the proposal. Consideration should also be given to a perimeter road to the north of the site where the proposed APZ would be located.  All relevant supporting documentation then needs to be referred to and endorsed by the RMS, as Argyle Street is a classified road.  The proposal in its current form is inconsistent with Ministerial Direction 3.4.  No further information has been provided by the applicant on traffic.

·        Flora and Fauna assessment – further consultation is still to occur with DPIE Energy, Environment and Science Division

·        Archaeological and Heritage assessment – further consultation still to occur with OEH

·        Flooding and Stormwater drainage - additional information needs to be provided by the applicant to Council’s satisfaction, with consultation still to occur with DPIE (Energy, Environment and Science Division).

·        Mining – Division of Resources and Geoscience raised concerns in relation to the subject lots being within the vicinity of longwall panels associated with an existing Tahmoor Coal Mining Lease (ML) 1376 and Authorisation (AUTH) 410 for Tahmoor Underground (outside Picton Mine Subsidence District) and specifically “…the potential for future mine subsidence impacts on housing structures, and supports sequential development of the area with rezoning of surface lands to facilitate residential development taking place after completion of longwall mining of underground coal seams.” Further consultation is required with the Geoscience Division of the now Department of Planning Industry and Environment in December 2019 and SIMEC to determine the timeframe around future mining in the area.

·        Local Infrastructure - there has been no offer, nor any formal discussions with Council on how the required local infrastructure would be provided to support this proposal.  The applicant was advised in March 2019 that they would need to make a generous and genuine offer and/or provide details of what local infrastructure and amenities will be provided on site to support the growth. No discussions have occurred to date between the applicant and Council’s Development Contributions Planner.

·        Metropolitan Rural Area - the proposal does not comply with the District Plan and the recently adopted Local Strategic Planning Statement.

Site specific controls would need to be included in Council’s Development Control Plan to ensure that future development of the site occurs in the appropriate manner, specifically with Heritage related controls and ensuring that the future development is compatible with the existing heritage conservation area and adjoining or nearby items. Work has not commenced on this document.

 

Local Planning Panel Advice

As the planning proposal was withdrawn after it was included in the agenda for the 13 February 2020 Local Planning Panel meeting, it was not necessary for the Panel to provide a full assessment and advice and instead it provided the following comments:

The Panel noted the planning proposal was withdrawn at the request of the Applicant

A copy of the Report to the Local Planning Panel is contained in Attachment 3 and the minutes for this meeting are provided as Attachment 4.

 

Financial Implications

Request for Planning Proposal fee refund

The proponent has requested either a partial or full refund of the planning proposal fees paid when the proposal was first submitted to Council. The original payment received on 23 April 2014 was for $18,500, consistent with Council’s major planning proposal fee category outlined in the 2013/14 fees and charges.

According to Council’s Planning Proposal Policy, the applicant is required to pay full costs of preparation of the draft LEP and any Local Environmental Studies deemed necessary by either the Council or the Department of Planning (plus Council's 35% LEP Project Management Fee).

Given the above, the age of this planning proposal and the level of assessment already undertaken, a refund of the Planning proposal fee is not considered appropriate.

It is further noted that a planning proposal of this size and nature may currently attract a submission fee of $103.000 plus a development control plan fee of $12,385 to offset (in part) some of the extensive resources that are incurred during the process of a planning proposal.

Request for Traffic Study Refund

Following a resolution at the 20 July 2015 Council meeting, the proponents of four planning proposals located in and around Picton were requested to contribute to the preparation of a traffic investigation for Picton. This was due to the additional potential traffic that may have been generated by these various planning proposals, if approved.

The financial contribution was calculated proportionate to the anticipated traffic generation expected from each planning proposal. The landowner of the subject site agreed to pay the apportioned amount of $3,700, which was paid in full on 23 February 2016.

As a result of this planning proposal being withdrawn, the proponent has requested a full refund of the financial contribution provided for preparation of the study. The applicant has requested a refund based on the fact that the land cannot be rezoned, and that their client should not contribute to a traffic study that does not benefit the landowner’s current rural land which does not contain any improvements.  However, the traffic study was completed and the funds expended so a refund is not appropriate.

Council engaged consultants to prepare the Picton Traffic Study and master plan which was publicly exhibited and subsequently adopted by Council in August 2019.

As the Traffic Study and master plan have been finalised, there is no ability for Council to refund any monies provided to assist in funding the studies. It is also noted that the traffic study was undertaken without a guarantee that the land to which the planning proposals related would be rezoned.

 

Conclusion

The proposal sought to amend the Wollondilly Local Environmental Plan 2011 (WLEP 2011) by rezoning the land for residential purposes.

The proponent has now withdrawn the planning proposal.  Given Gateway determination has been issued, Council is required to formally confirm its agreement that the proposal not proceed. 

Attachments

1.       Gateway determination - Mushroom Tunnel, Picton  

2.       Letter advising of withdrawal of application  

3.       233 & 239 ARGYLE STREET, PICTON - February LPP Report  

4.       LPP Minutes - February, 2020  

5.       Alteration of Gateway Determination - Land Adjacent Mushroom Tunnel Picton    


Ordinary Council Meeting Agenda

21 April 2020

 

11.4       Potential Interim Heritage Order - 4 Weir Road, Warragamba

File Number:           10619-2#129

 

 

Executive Summary

The purpose of this report is to seek Council’s support for an application for an Interim Heritage Order for the church building at 4 Weir Road, Warragamba.

The property owner has been consulted regarding this proposal and supports the application for an Interim Heritage Order.

The site is located within a Heritage Conservation Area.  A development application for a child care centre was submitted in 2019 proposing the demolition of the building.  Heritage advice recommended the retention of the church building and that an application for an Interim Heritage Order be sought. The applicant has withdrawn the previous proposal and is currently working on alternative designs which will incorporate retention of the Church building and adaptive reuse. 

Recommendation

1.       That Council supports an application for an Interim Heritage Order for the church building at 4 Weir Road, Warragamba.

2.       That Council notes that the owner has been consulted and supports the proposed application.

 

Report

Background

Description of site

4 Weir Road, Warragamba is located in the centre of the Warragamba township and is zoned B2 Local Centre. The site currently contains an existing church building, informal car park and area of grassed open space.

Development application and heritage assessment

A development application (010.2019.00000237.001) for the demolition of the existing church, and the construction of a child care centre was lodged for the site on 3 May 2019. The site is located within the Warragamba Heritage Conservation Area, identified under Schedule 5 of the Wollondilly Local Environmental Plan 2011.

Given the site’s location within a Heritage Conservation Area, the development application was referred to Council’s Heritage Advisor for comment. The heritage advice dated 17 May 2019 recommended that the church building be retained and that Council apply for an Interim Heritage Order in order to protect it from demolition. (Refer Attachment 1)

The application was later withdrawn on 16 December 2019. The applicant is preparing a revised design that incorporates retention of the Church building, including adaptive reuse.

The owner has been working through pre-lodgement matters prior to re-submitting a new application.

Applicant’s Heritage Impact Assessment

On 13 June 2019, the applicant was requested to provide a Heritage Impact Assessment to support the development application. The applicant’s Heritage Impact Assessment was submitted on 4 October 2019, and also supports retention of the building as follows:

The building at 4 Weir Road, Warragamba is not presently identified as an item of heritage significance, however, is situated within the Warragamba Heritage Conservation Area and is identified as a contributory built form.

An assessment of cultural significance has been undertaken for the property, which concludes that the former St Paul’s Anglican Church satisfies the NSW Heritage Assessment criteria relating to historical, associative, aesthetic, social, rarity and representative significance at the local level.

Consequently, the most appropriate outcome is the retention of the building as an item of heritage significance which contributes to the key phase of development of the Warragamba Heritage Conservation Area.

The applicant’s heritage impact assessment report also made the following recommendations:

1.       The existing building should be retained

2.       The former St Paul’s Anglican Church should be listed on the Schedule 5 of the Wollondilly Local Environmental Plan 2011 as an item of local heritage significance. 

3.       In the event of adaptive reuse, prior to any modifications, a Structural Engineer should be engaged to provide an assessment on the structural integrity of the building and the tolerance of the building and fabric to any change in structural loading.

In the event the demolition of the former St Paul’s Anglican Church is supported by Council, the following recommendations should be considered:

1.       Prior to the commencement of demolition works, a Photographic Archival Recording of the church building (interior and exterior) should be undertaken.

2.       The proposed development should be in keeping with the simplicity of the Post War Austerity architectural style as seen in the surrounding streetscape.

A copy of the applicant’s Heritage Impact Assessment report is at Attachment 2.

 

Independent review of Heritage advice

To ensure an appropriate approach, the advice from Council’s Heritage Advisor was peer reviewed by GBA Heritage Consultants.  The peer review report dated 22 August 2019 supports the Heritage Advisor’s recommendations as follows:

·        The heritage impact assessment as submitted by the applicant is inadequate and does not provide Council with sufficient analysis or assessment for Council to make a determination of the acceptability from a heritage impact perspective of the proposed demolition. 

·        Council is unable to fulfil its obligations under LEP Clause 5.10 if it relied solely on the material submitted with the Development Application.

·        There are three major forms of heritage impact consideration required before Council can permit demolition of a contributory item in a Heritage Conservation Area:

o   Wollondilly LEP Clause 5.10;

o   Heritage Council of NSW Heritage Impact questions;

o   LEC Planning Principle, Helou v Strathfield Council.

·        There is no evidence in the DA documentation that the applicant has addressed any of the above considerations.

A copy of the peer review report is at Attachment 3.

 

 

 

Interim Heritage Order 

An Interim Heritage Order is an order made to provide temporary heritage protection for a maximum period of 12 months, during which time a full heritage assessment should be completed to determine whether the structure should be listed as a heritage item or not.

If Council determines that a request for an Interim Heritage Order should proceed, the request needs to be submitted to the Heritage Council (located within the Heritage Division of the Department of Planning, Industry and Environment) for its consideration.  The Heritage Council meets monthly.

Consultation

The owner has been consulted in the preparation of this report and has confirmed support for the proposed application for an Interim Heritage Order.  The owner is currently working on alternative designs for his proposed development which will incorporate retention of the Church building and adaptive reuse. 

Several heritage advisors have also been consulted as detailed in this report.

 

Conclusion

The conclusion of all three heritage consultants is consistent with respect to the potential heritage value of the old Church building at 4 Weir Road, Warragamba.  The recommendation to seek an Interim Heritage Order will enable Council to provide temporary protection to the building while a detailed heritage assessment is undertaken to determine if the building should be retained or not.

Planning Priority 7: Cultivating a Creative and Cultural Destination Connecting People with Places in Council’s draft Local Strategic Planning Statement contains an action relevant to this report as follows:

Action 7.10 - Investigate options for protecting and preserving the heritage values of Warragamba and buildings associated with the construction of Warragamba Dam.

Financial Implications

Any costs associated with progressing the recommendations of this report can be absorbed within existing operational budgets.

Attachments

1.       Heritage Referral response from Black Mountain Projects - 4 Weir Road Warragamba  

2.       Applicant's Heritage Impact Assessment  

3.       4 Weir Road Warragamba Heritage Peer Review     


Ordinary Council Meeting Agenda

21 April 2020

 

12          Management and Provision of Infrastructure

12.1       Commemorative Naming Options - Honouring Mr Peter Shearer

File Number:           10619-2#117

 

Executive Summary

In August 2019 Council requested that a report be prepared on options for the naming of a suitable landmark in honour of Mr Peter Shearer's services to the Wollondilly community and the Wilton Rural Fire Brigade.

 

This report recommends that consultation on two naming options at Wilton Recreation Reserve is progressed to arrive at a final decision. The two options include the naming of the Wilton rugby field as ‘Peter Shearer Sports Field’ or the naming of a current unnamed road as ‘Shearer Avenue’.

 

Recommendation

1.       That Council endorse the proposal to commence community consultation to arrive at a commemorative naming option for the late Mr Peter Shearer in recognition of his contribution and services to the Wilton community.

2.       That post community consultation, Council commence the necessary steps to formalise the naming including application to the NSW Geographical Names Board, as required.

 

Report

In July 2019 Council received a request from a resident to name the newly constructed sports field at the Wilton Recreation Reserve in honour of a local resident, the late Mr Peter Shearer, who passed away on 9 July 2019.

A subsequent resolution 193/2019 in August 2019 requested that a Council report be prepared on options for the naming of a suitable landmark in honour of Mr Shearer's services to the Wollondilly community and the Wilton Rural Fire Brigade.

Mr Shearer was a long-term servant of the NSW Rural Fire Service (RFS), with more than 50 years of service with the Wilton Fire Brigade. Mr Shearer joined the Wilton Rural Fire Brigade in 1968 and moved through the Brigade's ranks from firefighter, deputy captain, senior deputy captain and captain. Mr Shearer served as a Divisional Commander and sector leader in local fires. Mr Shearer's dedication to firefighting was recognised when he was awarded a Meritorious Australian Fire Service Medal at the 2018 Queen's Birthday Honours.

Naming options explored for consideration are:

Option 1

Name the new sports field within Wilton Recreation Reserve "Peter Shearer Sports Field". (GNB approval). The NSW Geographical Names Board (GNB) does recommend that councils undertake consultation for community support; or

Option 2

Naming the unnamed/unformed road (construction anticipated to occur within the next 12 months) on the western side of Wilton Recreation Reserve as Shearer Avenue, Wilton. Under the GNB Road Naming & Place Naming Policy, applications can only be considered 12 months after the person’s passing. In this case, applications would need to be submitted after 9 July 2020.

Consultation

·        Geographical Names Board

·        Infrastructure Strategy & Planning

Financial Implications

It is anticipated that the cost for signage is in the order of $1,500 and can be funded through the budgets allocated to the implementation of Master Plan.

Attachments

Nil


Ordinary Council Meeting Agenda

21 April 2020

 

12.2       City Deal Pitchfest Smart Park Trial

File Number:           10619-2#105

 

Executive Summary

Wollondilly Shire Council is conducting a Smart Park Trial in Telopea Park (Buxton) as part of the Western Sydney City Deal Smart Western City Program Pitchfest.

OneWiFi has been identified as an industry technology partner in the delivery of the Smart Park Trial, and is donating use of communications equipment, a LoRaWAN gateway, and sensors to provide public WiFi and a use data facility.  The technology will be powered by solar and wind from a renewable energy pole supplied by OneWiFi. 

This trial gives Council the opportunity to evaluate the worth of Smart Park technology for six months in comparison to the cost of installation. The NSW Department of Planning, Industry, and Environment are also partnering in the project and contributing toward installation costs as a City Deal Digital Commitments partner.

This City Deal Pitchfest trial implements five Smart Shire Strategy priorities of public Wi-Fi, improving connectivity, transforming data into an asset, smart assets, and digital community engagement. 

Recommendation

That Council note the update on the City Deal Smart Park Trial and request that the findings of the trial be reported to Council when complete.

 

Report

The Western Sydney City Deal Digital Commitment’s Steering Committee are engaging with industry to co-create the Digital Western Parkland City.

As part of this engagement and the development of the Smart Western City Program, a Pitchfest was held at Camden Council on 28 November 2019 to engage with industry, researchers, innovators, startups, corporates and consortiums were ideas and initiatives were shared. Ten companies presented test and trials of their technology and as a result multiple innovative projects are being implemented across the 8 Western Sydney City Deal Local Government areas.

Through this Pitchfest an opportunity arose for Wollondilly Shire Council to partner with the NSW Department of Planning Industry and Environment in an innovative OneWiFi Smart Park Test and Trial project.

As a result of negotiations an integrated smart technology trial will be deployed in Telopea Park Buxton to provide public Wi-Fi and facility use sensors for a trial period of six months.  The sensors and gateways will be powered by a renewable energy pole.

This trial addresses five Smart Shire Strategy priorities of public Wi-Fi, improving connectivity, transforming data into an asset, smart assets, and digital community engagement.  The trial will also quantify deployment costs and the benefits achieved through the use of sensors.

OneWiFi is supplying the integrated neutral-host pole, renewable energy pole and cabinet, gateways, BBQ sensors, bin sensors, and amenities monitoring for the trial.  The estimated $11,500 installation costs is shared with NSW Department of Planning, Industry, and Environment contributing $5,000 and Wollondilly Shire Council funding the remaining $6,500 from the LoRaWAN project budget.

The trial will provide insights to park usage as new outdoor gym and play equipment become available to the community.

 

Consultation

A cross divisional team is contributing to this trial with representation from:

·        Infrastructure Strategy & Planning

·        Environmental Outcomes,

·        Works,

·        Corporate Business Improvement, and

·        Tourism & Business Investment

 

Partnership with One WiFi and the NSW Department Planning Infrastructure and Environment

 

Financial Implications

Funding has been allocated and is available under the LoRaWAN project in the adopted 2019-2020 budget.  NSW Department of Planning, Industry, and Environment are contributing $5,000 to this project.

 

Attachments

Nil


Ordinary Council Meeting Agenda

21 April 2020

 

12.3       Application for Land Access Licence - Lot 2 DP 813474 Argyle Street, Picton - Mushroom Tunnel

File Number:           10619-2#113

 

Executive Summary

Council has received an application for a new land access licence at the Mushroom Tunnel. The purpose of the licence is to enable the applicant, SIMEC Mining, to monitor the railway tunnel for movement over the next three years while recently approved underground coal mining is in progress. The applicant is committed to the preservation of the structure and the proposed license will ensure that any movement is recorded and, if recorded, allows for repair work to be undertaken.

Recommendation

1.       That Council enter into a Licence with SIMEC Mining on Lot 2 DP 813474 Argyle Street, Picton to enable monitoring of the mushroom tunnel for impact of mine subsidence as a result of longwall mining.

2.       That the Chief Executive Officer and Mayor be authorised to sign all documents relating to the Licence and grant authority for the use of the Common Seal of Council on all documents relevant to this matter, should it be required, to give effect to this resolution.

3.       That Council agree to the annual licence fee of $2,200 plus GST for a term of three years from 1 March 2020 to 2 March 2023.

 

Report

Council has received an application to enter into a Licence Agreement with SIMEC Mining to monitor the Mushroom Tunnel (Lot 2 DP 813474 Argyle Street, Picton) for structural movement during underground coal mining in the area. The applicant proposes to install survey reflectors on the tunnel structure and other locations in proximity as required to enable a monthly survey to ensure no negative impact or movement to the structure.

The applicant has approval to extract coal near the Mushroom Tunnel and to ensure the safety and serviceability of structures in the area of mining. The applicant is required to monitor structures that have the potential to be impacted from subsidence as a result of longwall mining. The Mushroom Tunnel is not mined beneath by any of the planned longwalls; however, is expected to see a small amount of subsidence during the mining of longwalls W3 and W4 (copy of plan attached).

Detailed inspection of the tunnel confirms the sandstone tunnel is in good serviceable condition; however, some major cracking is evident between the sandstone facades at each end and the brick barrel of the tunnel that extends from the spring line on each side, up across the arch circumference and down the other side. Detailed structural review is planned as mining progresses to assess any change in safety and serviceability of the tunnel. The applicant will carry out any required repairs to the tunnel as required based on ongoing monitoring and inspections at its cost in consultation with Council and heritage guidelines.

Safe Work Method Statements are required prior to access to the tunnel including personal protective equipment advice.

Tunnel access is limited at this time and it is proposed to enter into the Licence with the proponent.

The land is classified as ‘Operational’ which allows Council to enter into the agreement summarised on the following page.

 

 

Heads of Agreement

Licence Fee:        $2,200 per annum excluding GST

Term:                   1 March 2020 to 2 March 2023

Cost:                    Applicant pays all Council’s cost to establish the agreement including legal and disbursements.

Consultation

·        Legal advisor

·        Internal staff

Financial Implications

The applicant has provided an undertaking to:

·        Pay all costs, including legal fees and disbursements.

·        Repair the tunnel as required based on ongoing monitoring and inspections.

The undertaking allows Council to enter into this agreement without costs.

Attachments

1.       Proposed Longwall Layout Plan   

 


Ordinary Council Meeting Agenda

21 April 2020

 

12.4       Traffic Management Upgrades - March 2020

File Number:           10619-2#125

 

Executive Summary

·        The Local Traffic Committee Agenda & Notice of Meeting was issued 4 March 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 electronically on 10 March 2020. The agenda papers were also distributed to all Councillors.

·        This report recommends that, notwithstanding other factors at play that may prohibit the event happening, the traffic management proposals as considered by the Local Traffic Committee Meeting of 10 March 2020 be adopted.

Recommendation

That:

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

Closure of Fourteenth Street, Warragamba from Twentieth Street to Weir Road and Civic Centre Circle BE REFUSED due to the COVID-19 social distancing requirements.

2.       LTC Recommendation 1.2 - Camden Cycling Club (CCC) – Cycling Races – “Razorback Mountain Hill Climb” – Old Razorback Road, Cawdor 2020

That Council approve the use of Old Razorback Road, Cawdor from the junctions of Cawdor Road to Mt Hercules Road for an Individual Time Trial (ITT) event, “Razorback Mountain Hill Climb” and the necessary temporary road closures on 3 May 2020 commencing 8.00am and finishing by 11.00am subject to:

(a)     The Clubs seeking their own advice from relevant authorities regarding COVID-19 and application of any COVID-19 social distancing or Public Health public gathering requirements that may be in place at the time of the planned event.

(b)     The requirements for the issue of a permit for “Road Event – Road Closure”.

 

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


Ordinary Council Meeting Agenda

21 April 2020

 

12.5       Bridge Feasibility for Burragorang Road, Oakdale

File Number:           10619-2#135

 

Executive Summary

A significant flood event on Sunday, 9 February 2020 caused the culvert crossing at Back Creek on Burragorang Road, Oakdale to fail and wash into the creek. The failure has greatly inconvenienced the local community and businesses.

This repair work has been given urgent priority in the storm clean up under way across the Wollondilly Shire, and is being fast-tracked to be re-open in July 2020, weather permitting, with every effort being made to open it even sooner.

In addition to the damage to the culvert and road, Sydney Water infrastructure was also damaged and this resulted in an uncontrolled release of effluent into water catchment and loss of potable water supply in part of the supply network. Repairs to these utilities were the highest priority due to the immediate impact on community health and have necessarily controlled when the site is available for road reconstruction works.

Traffic detours are in place whilst fast-tracked design and reconstruction works progress.

During redesign of the crossing, Council was able to confirm that the existing design had only a five year average recurrence interval (ARI) flood resilience. The new design addresses this shortfall and provides 100 year ARI flood resilience along with increased level of road safety.

The priority is to re-open the road as soon as possible so Council progressed with planning for the reconstructing of the road with an upgraded culvert. The reconstruction design is very cost effective at approximately $1.2 million and can be reinstated by civil works contractors within a three month timeframe from award of contract.

However, Council also simultaneously investigated the feasibility of constructing a bridge and straightening the road to review if this was a feasible option.

This report confirms that the new culvert design and reconstruction planned is the most cost and time effective outcome for the community when compared with the three alternative bridge construction options. Bridge options are estimated to cost between $5.75M and $36.7M, funding more appropriately allocated to road repair and reconstruction across the Shire.

Recommendation

That Council:

1.       Note that repair work to Burragorang Road, Oakdale has been given urgent priority in the storm clean up under way across the Wollondilly Shire, and is being fast-tracked to be re-open in July 2020, weather permitting, with every effort being made to open it even sooner.

2.       Endorse that a re-engineered culvert crossing be constructed as it is the most cost and time effective outcome for the community and provides higher future flood resilience at 100 year ARI, shorter reconstruction timeframes and significantly lower capital cost.

3       Note that bridge options at this location are not in the best interest of the community as they are economically feasible at this time, at an estimated cost of between $5.75 and $36.7M, do not result in an improved flood resilience, and will delay the road opening by a number of years.

4.       Adjust the 2019/20 Major Works Program from Restricted Reserves (to be recouped from Grant Funding): Road Renewal Program $12,793,703 + $720,000 = $13,513,703 resulting in the total for the Major Works Program becoming  $26,881,986

5.       Adjust the 2020/21 Major Works Program from Restricted Reserves (to be recouped from Grant Funding): Road Renewal Program $11,038,000 + $280,000 = $11,318,000 resulting in the total for the Major Works Program becoming $15,959,125

Report

1.1    Site Location

The site is located approximately 2.9km along Burragorang Road travelling eastward from Oakdale. The flood impacted section is on a tight bend of the road that intersects with Back Creek.

Figure 1.0   Site Location

 

The road corridor at this location is bound by two separate private properties to the north and south, both characterised by relatively steep bank slopes and a surrounding high density of trees and low‑lying vegetation.

Back Creek flows in a northerly direction through the site and carries water flows from a catchment of approximately 427.3ha above the site to Warragamba Dam and is of high environmental significance with Water NSW being a key stakeholder.

1.1     February 2020 Flood Event

During a significant weather event on Sunday, 9 February 2020, a section of Burragorang Road directly to the west of Belimbla Park was overcome by flows from the upstream catchment and was washed downstream of Back Creek. The section of road affected was approximately 30m long and 12m wide and an estimated 1800 cubic metres of embankment material lost downstream.

The flood-damaged infrastructure includes:

·        2 x 1400mm diameter concrete pipes

·        Embankment fill

·        Road pavement

·        Safety barriers

·        Signage

·        Sydney Water sewer and water assets within the road embankment profile.

 

 

1.2     Current Council Response

This repair work has been given urgent priority in the storm clean up under way across the Wollondilly Shire, and is being fast-tracked to be re-open in July 2020, weather permitting, with every effort being made to open it even sooner.

In response, Council commissioned an engineering consultancy firm to complete a fully informed detailed design for the road remediation works including upgrading of the existing 1300mm concrete pipes to twin 2.4m x 2.4m reinforced concrete box culverts (RCBC) to achieve a 100 year ARI flood resilience.

The design incorporates new engineering reports with survey, flood, geotechnical, structural and road engineering elements in forming the new design which now meet and exceed current Wollondilly Shire Council and Australian design standards.

Of note is that through the flood modelling it was confirmed that the existing culvert arrangement achieved only a 5 year ARI flood resilience.

The redesign is now finalised and has been issued to construction contractors for tender. The reconstruction timeframe is 12 weeks of construction work.

The priority is to re-open the road as soon as possible so Council progressed with planning for the reconstructing of the road with an upgraded culvert. The reconstruction design is very cost effective at approximately $1.2 million and can be reinstated by civil works contractors within a three month timeframe from award of contract.

However, Council also simultaneously investigated the feasibility of constructing a bridge and straightening the road to review if this was a feasible option.

 

2.0     Concept Bridge Feasibility Analysis

2.1     Existing Site Constraints

A site constraints map has been prepared and provided as an attachment to this report. The map identifies site constraints including:

·        Additional existing culverts in the Back Creek catchment and their respective flood immunities

·        Sydney Water asset and infrastructure locations

·        Existing electrical services and easements

·        Existing road geometry, speed limits and average road profile.

Additional site constraints requiring consideration include:

·        Land ownership and cost of acquisition

·        Vegetation density and associated environmental constraints

·        Effects on cultural heritage e.g. Aboriginal significance

·        Works within Water NSW catchment area.

2.2     Bridge Design Objectives

As a basis for the bridge feasibility analysis, the following objectives were identified as the major reasons to utilise a bridge solution:

·        Improved Flood Resilience - a standard bridge design would target 2000 year ARI flood resilience

·        Improved Road Alignment - to improve road safety and provide a standard compliant road infrastructure suitable for the current speed limit.

2.3     Potential Bridge Alignments

The constraints map provided in the attachment illustrates three potential bridge alignments that have been considered as part of this concept feasibility analysis.

2.3.1  Bridge Alignment Option 1

The Option 1 bridge alignment follows the existing Burragorang Road alignment and would directly cover the failed road extent. This option forms a direct comparison with the proposed culvert and fill works.

Constructing the bridge along the existing alignment forms the simplest approval and likely the fastest construction process. There is minimal to no requirement for land acquisition or clearance of vegetation, reducing the number of approvals and potential roadblocks to construction.

This option; however, has a number of challenges and fails to meet the desired design objectives outlined in section 2.2 above. Notable challenges for this option are as follows:

·        No overall improvement to road flood resilience. The section of road being replaced with a bridge will have a 1:2000 year flood resilience; however, the overall flood resilience of the road will not be as high due to the other existing culverts. The proposed culvert and fill design will have resilience to a 100 year ARI storm, an event during which the whole road will remain trafficable.

·        The location of the existing Sydney Water Sewer Pump Station near to the project site restricts minor alignment improvements and impacts the available length for a bridge at this location. It is possible, during detailed investigations and concept design process, the location of this asset may deem the flood resilience of 1:2000 year be unachievable without relocation of the asset. This would further impact cost and delivery time frames for the project.

·        Constructing a bridge on the existing alignment would mean the route would likely be closed to public for some time as the likelihood of a temporary road alignment in this location (offset from the final alignment) is low. Closure of the road to public may extend to a 12 to18 month period.

·        The current alignment, and the proposed Bridge Option 1, do not conform to the relevant road standards. It would not be recommended to undertake a re-alignment which does not conform to current standards as there would be little to no improvements to road safety as a result. A suitable bridge solution would need to include reducing the speed limit to allow the existing alignment to be conforming, realigning the road to be compliant or a combination of both.

2.3.2  Bridge Alignment Option 2

The Option 2 bridge alignment is the closest conforming alignment to the existing road considering the existing road speed of 80km/hr.

The benefits of this alignment include:

·          Conforming road alignment with minimal changes to existing road alignment at tie in locations

·          A 2000 year flood resilience should be achievable for the overall road using this option.

The disadvantages of this alignment include:

·          The proposed alignment intersects an existing electrical easement

·          Curvature on a bridge greatly increases the complexity of design and construction

·          Crossing a watercourse at a new location flags a requirement for stringent environmental and heritage assessment prior to achieving concept approval

·          The existing road would still need to be maintained (as a Council asset) regardless of the proposed re-aligned road. This is to maintain access to the existing Sydney Water Sewer Pump Station and to existing private property accesses.

2.3.3  Bridge Alignment Option 3

The Option 3 is similar to Option 2 in being a conforming alignment; however, it does not cross the electrical easement and the bridge is proposed as a straight section. This alignment would also tend to provide the best driver experience and safety due to its straight nature whilst still improving the road flood resilience.

Environmental approvals and the requirement to maintain the existing road still exist for this alignment; however, it would be generally preferred over the other two alignment options.

2.4     Investigations, Approvals & Design

In order to achieve construction approval for the proposed bridge alignment, the required investigations and approvals are likely to include, but not limited to, the following:

 

·        Topographic survey

·        Underground utilities survey

·        Tree survey and condition assessment

·        Geotechnical investigation

·        Heritage (Aboriginal) assessment

·        Heritage (European) assessment

·        Environmental (flora and fauna) assessment

·        Revised flood modelling

·        Contamination investigation

·        Approvals for works within a drinking water catchment

·        Concept and detailed engineering design of the proposed road alignment (lead-in works) and bridge

·        Design and approvals for utility relocations and instalments e.g. street lighting

·        Land Acquisition.

 

2.5     Cost Estimation

Cost estimation for investigation, approvals and design are difficult to determine at this early stage of assessment. A more detailed feasibility study which includes initial site investigation works and coordination with relevant authorities would be required to better gauge costs associated pre‑construction.

 

 

 

 

 

 

 

At an order of magnitude only level of accuracy, the estimated costs for the options are:

 

Bridge Options

Current Approach

Description

Option 1

Option 2

Option 3

Box Culvert

Approximate Length (m)

60

370

410

N/A

Width (m) (Dual Carriageway)

10

10

10

N/A

Square Metres

600

3700

4100

N/A

Cost

 

 

 

 

Engineering & Design
(10% of Construction)

$  300,000

$  1,850,000

$  2,050,000

$         120,000

Land Acquisition ($45 /m2)

$              -  

$     366,300

$     405,900

$                     -  

Bridge Structure ($5,000/m2)

$3,000,000

$18,500,000

$20,500,000

$         660,000

Abutment Works (Fixed Cost)

$1,000,000

$  1,000,000

$  1,000,000

$                     -  

Approach & Alignment Works
(Fixed Cost)

$  300,000

$     500,000

$     500,000

$         300,000

Contingency (25%, 50%, 50%)

$1,150,000

$11,108,150

$12,227,950

$         120,000

Total Estimated Cost

$5,750,000

$33,324,450

$36,683,850

$      1,200,000

*Assuming willing vendors and agreement to divide lots

2.6     Projected Program

A proposed program of works could be considered in three stages as follows:

·        Stage 1 – Investigations, alignment options analysis, approvals and concept approval: 12‑18 months

·        Stage 2 – detailed design and tendering process: 6 months

·        Stage 3 – construction: 18-24 months.

This program estimate is based on Options 2 and 3 and is a conservative estimate due to limited data available during the time of this assessment.

Time associated with potential land acquisition has not been included in the above assessment; however, should be considered in any further feasibility assessments.

Consultation

The community has been informed of Council’s approach and strategy to date. As the priority is to open the road as soon as possible, there has been no community consultation on these considerations at this time.

Financial Implications

Based on e-engineered box-culvert; the total project estimated cost is $1,200,000, which includes $720,000 commencing out this financial year and the remaining $480,000 continuing and to be completed in 2020/21.

The flood event has been classified as a natural disaster and reconstruction will primarily be funded from the Commonwealth-State Disaster Recovery arrangements on a ‘like-for-like’ basis. i.e. any embellishment not deemed to meet like-for-like criteria would be seen as a value added component and would need to be funded by Council. Council will claim against the Disaster Recovery arrangements, however in the meantime this project will require to be funded by Restricted Cash and recouped from the Recovery claim.

In line with the projected program, this requires the addition of $720,000 from restricted cash (latter to be recouped from recovery arrangements grant funding) added to the Road Renewal Program for 2019/20, and a further $280,000 into the Road Renewal Program for 2020/21 from Restricted Cash (recouped from recovery arrangements grant funding).

Based on the figures adopted at the 2nd Quarterly Review for 2019/20, this report recommends the following changes: Road Renewal Program $12,793,703 + $720,000 = $13,513,703 resulting in the total for the Major Works Program becoming $26,881,986.

Additionally; the Major Works Program for 20/21, adopted with the 2019/20 Operational Plan and Delivery Program, requires adjustment (not withstanding other changes may be required in the development of the 2020/21 Operational Plan) as recommended by this report: Road Renewal Program $11,038,000 + $280,000 = $11,318,000 resulting in the total for the Major Works Program becoming $15,959,125.

The remaining $200,000, to cover the cost of embankment armouring and energy dissipation, will need to be funded from within the existing allocation of the Road Renewal Program for 2020/21.

If, alternatively, a bridge option was to be pursued, the financial implications of progressing with this option result in the disaster recovery funding being unavailable, best case scenario costs of $5.75 million and upwards, reconstruction timeframes of at least 18-24 months resulting in negative impacts to business and the community for a longer time.

 

Attachments

1.       Bridge Feasibility - Constraints     


Ordinary Council Meeting Agenda

21 April 2020

 

13          Caring for the Environment

No reports this meeting


Ordinary Council Meeting Agenda

21 April 2020

 

14          Looking after the Community

14.1       Long Term Community Recovery and Resilience Plan and Grant Opportunities

File Number:           10619-2#106

 

Executive Summary

Council is in the process of developing a Long Term Recovery and Resilience Plan to guide a strategic and action focused approach to programs and activities regarding community recovery and resilience, as a result of the recent Bushfires and Storm events.

The Activate Wollondilly framework will be used to undertake community debriefing sessions and workshops to help inform the development of this plan.

The report also informs Council of the current grant funding opportunities available to assist in the Community recovery and resilience efforts.

Recommendation

That Council:

1.       Develop and implement a Long Term Community Recovery and Resilience Plan, as a result of the recovery debrief, review workshops and forums,  that guides a strategic and action focused approach to programs and activities regarding community recovery and resilience as a result of the 2019/20 Bushfire and Storm events.

2.       Allocate the additional $300,000 National Bushfire Recovery Agency immediate base payment to the projects outlined in this report:

·        $30,000 – Community resilience events

·        $70,000 - Community and Stakeholder Debrief workshops and forums

·        $60,000 - Interactive Digital Kiosks

·        $50,000 – Natural and Manmade Hazards Study 

·        $90,000 - Long term Recovery Plan – Community Identified Projects and Activities.

3.       Note the grant funding opportunities and the applications being made by Council for programs and projects through these funding streams.

4.       Include funding obtained through grant opportunities as a result of the 2019/20 bushfire and storm events fund the projects and activities in the Wollondilly Long Term Community Recovery and Resilience Plan.

 

Report

As a result of the impacts of the Green Wattle Creek fire in the Wollondilly area in 2019/20, a range of assistance measures were made available to support people and business adversely impacted. The assistance was aimed at providing for immediate and short term needs to support recovery and resilience activities for individuals and the community. Funding assistance was also provided to Council and was the subject of a report to the 11 February 2020 extraordinary meeting of Council.

Council resolved should other grant sources become available for any of the funding allocated at the 11 February 2020 extraordinary Council meeting that a report be brought forward to Council for consideration regarding the re-allocation of these funds. It was also resolved that Council undertake a debrief, review and enhancement of council’s recovery and resilience programs through a series of workshops and forums and to enable this review, seek an external funding source and if not able to be sourced the matter be reported back to council to identify internal funding. This report addresses these issues.

In 2016, the nationally acknowledged Activate Wollondilly Framework was developed as a strengths based approach to disaster preparedness aimed at building a resilient community in the Wollondilly Local Government Area. The framework enabled a deliberative dialogue between residents, stakeholders, Council and emergency services and focused on building capacity and cohesion. The framework also enabled a review of the Wollondilly Local Disaster Recovery Plan, aligned Council actions and strategies with the Community Strategic Plan and developed an emergency preparedness toolkit including an emergency management guide for the Wollondilly area.

The framework and process identified gaps in service provision and responses and identified improved strategies to combat future disasters. The result of this framework and process positioned Council to respond in a coordinated and effective approach in the recent bushfire and storm events.

The Activate Wollondilly framework is to be used to undertake the community debriefing sessions and workshops to help inform the development of the Wollondilly Long Term Recovery and Resilience Plan. This plan will guide a strategic and action focused approach to programs and activities regarding community recovery and resilience, assist in determining the pace and speed of recovery and the strategic approach to help community, community groups and small business continuity as a result of the recent Bushfires and Storm events. 

On the 28 February 2020 a workshop was undertaken with Anne Leadbeater, director of "Disaster Recovery Group Leadbeater". Anne was awarded an Order of Australia OAM for services to the community following the 2019 bushfires, and is a fellow of the EMPA (Emergency Media and Public Affairs). Anne is a national expert on leading recovery for communities who have experienced trauma, particularly from bushfire and are seeking different ways to move forward. At the workshop Anne validated the approach Council is taking with the debriefing sessions and workshops and the development of a Long term Recovery and Resilience Plan that will be Community led and determined.  At the workshop Anne confirmed communities need to be able to come to their own decisions, in their own time and described how healthy strategies from recovery from fire can include psychological recovery as well as building structures.

The workshop highlighted the well-intentioned desire to relieve peoples’ sadness by “fixing stuff and building stuff” and trying not to get caught up in a “fast equals effective bricks and mortar view of recovery”. The overwhelming impact of disaster touches every aspect of people’s lives and it can take a long time, for communities to re-group, for people to grieve and take stock, and to try to make sense of what has happened and what the future might hold.

The Wollondilly Long Term Recovery and Resilience Plan will identify both initial help and support long into the future and will be an evolving and living document that will be community focused, led and implemented. This will to assist Council with a strategic approach to how recovery in Wollondilly will happen over time as a result of the recent bushfire and storm events.

Council will also seek feedback or comment through Council's online community engagement portal www.engage.wollondilly.nsw.gov.au and invitations to participate either in person or virtually online in the forums and workshops will be sent to key stakeholders such as (but not limited to):

•        Residents

•        Representatives of local businesses

•        Community Organisations, Non-government Organisation (NGO) Providers and Charities

•        Schools

•        State and Federal Members of Parliament

•        Members of Council’s Community Advisory Committees

•        Chambers of Commerce

•        Emergency Services and associated support agencies.

At the Extraordinary meeting of Council held on the 11 February 2020 Council resolved should other grant sources become available for any of the allocated funding through the National Bushfire Recovery Agency immediate base payment stream that a report be brought forward to Council for consideration regarding the re-allocation of these funds. This report is recommending funding obtained through grant opportunities as a result of the 2019/20 Bushfire and storm events fund the projects and activities identified in the Wollondilly Long Term Community Recovery and Resilience Plan.

Grant funding opportunities available to Council for community recovery and resilience efforts.

To date support and assistance made available to the Wollondilly Community in the recovery and resilience efforts have included the following:

·        A one-stop-shop for bushfire assistance via service.nsw.gov.au or 13 77 88

·        State and Commonwealth agreement to split clean-up and waste management costs 50:50

·        Increased number of school counsellors in bushfire affected communities

·        Commitment of $1 billion to repair and rebuild vital infrastructure, such as roads, rail-lines, bridges, schools, health facilities and communications facilities

·        Establishment of $75,000 special disaster grants for primary producers

·        $50,000 recovery grant for small businesses to help with clean-up and reinstatement measures.

·        Financial support grants of:

o   Up to $50,000 for small businesses directly affected by bushfire,

o   Up to $250,000 to Local Government Areas,

o   a Bushfire Working Capital Loan of up to $50,000 and

o   low interest loans of up to $500,000 to eligible small businesses, primary producers and not-for-profits in bushfire impacted council areas.

·        Loss of income payments for RFS and SES volunteers.

·        GIVIT sharing platform - encouraging local residents to use an online donation-matching portal when donating goods and services to bushfire-affected areas. This national platform has been opened to NSW for the bushfire crisis.

·        Australian Government initial $76 million tourism recovery package as part of the National Bushfire Recovery Fund to encourage tourists to travel across Australia. The package includes funding for the following initiatives:

o   A domestic marketing campaign ($20 million)

o   Increased funds for Tourism Australia’s international marketing ($25 million)

o   Increased funds for Tourism Australia’s International Media Hosting Program ($9.5 million)

o   Increased support and funding for the Australian Tourism Exchange (ATE) ($6.5 million)

o   Additional funding for the international diplomatic network ($5 million)

 

·        Disaster Recovery Funding Arrangements (DRFA).

·        National Bushfire Recovery Agency immediate base payment of $1 million (9 January 2020)

 

$1.3 million National Bushfire Recovery Grant

Council was granted $1.3 million through the National Bushfire Recovery Agency immediate base payment. The initial $1 million payment has been allocated as per Councils resolution on the 11 February 2020 as follows:

•        $100,000 -rates Payment Assistance Grant to directly support ratepayers whose homes are lost or uninhabitable due to the fires

 

•        $250,000 - High priority clean-up and repair costs for infrastructure assets in bushfire affected communities where other government funding sources are not applicable

 

•        $550,000 - Community infrastructure in villages most significantly impacted by the fires including:

 

o   A suitable memorial to honour the memory of Deputy Captain Geoffrey Keaton and Firefighter Andrew O'Dwyer who tragically lost their lives in Buxton protecting our community,

o   an appropriate youth facility and supporting infrastructure at Telopea Park, Buxton,

o   A small scale BMX track in Bargo, in a suitable location

o   A small scale BMX track in Oakdale, in a suitable location

 

•        $100,000 - Small business recovery - economic development and tourism projects including:

 

o   $50,000 - Shop Local / Visit Local Project

o   $25,000 - Wollondilly Visitor Guide

o   $25,000 - Wollondilly Markets Program 

 

A further $300,000 has been made available through this grant. Following is a recommendation for the allocation of this funding. 

•        $30,000 – Community resilience events including:

o   $17,200 - Telopia Park Buxton – Family/Community Event  - the date identified is Saturday 21 March 2021 that will begin at 4pm till 8.30pm, local bands on stage, jumping castle, face painting, sausage sizzle. Option to make formal announcement re Telopia Park Upgrades including memorial to fire fighters.

 

o   $12,800 - Children’s Festival and Outdoor Movie Night at Civic Park Warragamba – the date identified is Saturday 24 October 2020 that will begin at 2.00pm till 10.00pm, on stage performance by Children’s entertainment group The Beanies), DJ, jumping castle, face painting, Dilly Wanderer, Mobile Library, fairy floss/popcorn, ice cream van followed by the screening of new release movie.

 

•        $70,000 - Community and Stakeholder Debrief workshops and forums

These workshops and forums will assist communities and local business to cope with emotional responses and post-traumatic stress disorder, and to rebuild businesses and economic and tourism opportunities for towns affected.

The feedback and outcomes of these workshops and forums will assist in the development of a Long Term Community Recovery Plan that incorporates an action plan with identified strategies, programs, activities and events that are community led as well feedback to assist in the review of the current Wollondilly Local Recovery Plan.

 

•        $60,000 - Interactive Digital Kiosks ($30,000 per site)

The concept would be a staged approach to install interactive digital kiosks across all major towns within the Wollondilly to provide access to public WiFi hotspots, digital services, information and way-finding signage, local information on businesses and digital maps. Public access WiFi, digital information, signage (especially tourism signage) is lacking within the shire and it is proposed to install interactive digital kiosks across major towns to assist the community. An interactive digital kiosk could be installed at Telopea Park.

·        $50,000 – Natural and Manmade Hazards Study 

Action 18.12 from Planning Priority 18 Living with Climate impacts and contributing to the broader resilience of Greater Sydney of Wollondilly 2040, Council’s newly made first ever Local Strategic Planning Statement (LSPS), requires the preparation of a study in partnership with emergency service agencies to evaluate the threats and risk level from both natural and manmade hazards and establish appropriate management.

Council included this action item in considering the recent bushfires and the challenges faced by the community and emergency services in accessing evacuation routes.  Some communities were at grave risk of not being able to evacuate from bushfire affected areas had the fire turned or the wind changed.  We were very fortunate that the main route out was not cut off given the significant delays and traffic jams we saw on 19 December in particular.  

This study will enable a thorough assessment of current and future evacuation routes and options as we plan for future development.  When considering appropriate locations for development, we must acknowledge which areas are exposed to natural hazards, as well as man-made hazards such as chlorination plants, and plan for appropriate buffers and safe evacuation.

Council has also stipulated within the LSPS that Council will develop an appropriate emergency management approach to these hazards before considering planning proposals for local growth within the Shire.  The requirement for the study to be prepared in partnership with emergency services agencies recognises the important insight that the SES, RFS, Fire and Rescue, Police, Water NSW, ESS and others, will bring to this study. 

It is estimated that the study will cost in the order of $200,000.  Initial Council seed funding of $50,000 is proposed from Federal bushfire recovery grant.  Approaches will also be made to the State government and emergency services agencies to contribute to the remaining costs of the study.

This study as critical to ensuring the lessons learnt from the recent bushfire events help inform future planning for current and new communities.

 

•        $90,000 - Long term Recovery Plan – Community Identified Projects and Activities

A Community lead and determined strategic and action focused approach to programs and activities regarding community recovery and resilience. The plan will assist in determining the pace and speed of recovery and the strategic approach to help small business, community groups and community continuity as a result of the recent Bushfires and Storm events.

It is also recommended if funding for any of the above mentioned projects are sourced through other grant opportunities the allocated funding be directed to the Community identified projects and activities as a result of the development of the Long Term Community Recovery Plan.

 

 

 

Other Identified Grant Opportunities

·        Bushfire Community Resilience and Economic Recovery Funds: Phase 1 (4 February 2020)

An immediate payment of up to $250,000 for Wollondilly Shire Council under the joint NSW and Commonwealth Government funded Phase One funding will be open for council applications until 31 March 2020.

Phase One funds will deliver locally-led recovery activities led by councils in partnership with other organisations. Immediate payments of a minimum $100,000, up to a maximum $250,000 available to eligible bushfire affected LGAs in NSW.

Councils are asked to undertake activities in the two categories below:

·        Economic Recovery – events or initiatives to support local business and industry recovery

·        Community Resilience – events or initiatives to support community recovery and wellbeing

Phase Two of the BCRERF will be for larger-scale, regionally focused and more targeted projects that support the same objectives of Phase One.

Council will be applying for the following initiatives through this grant opportunity:

o   $100,000 - Illuminate Wollondilly Festival 2020 

To add a recovery and Community resilience focus to the event and assist with the shortfall in sponsorship funding as the much needed sponsorship dollars have been diverted to Bushfire appeals. Without this funding the event will not go ahead.

o   $25,000 - Wollondilly Markets Program

The 2019-2020 Bushfire Event has had a devastating impact on local business including the impact on local markets and the vendors that support and participate in markets.

Local markets play a big role in our local economy as they support many small / homebased businesses as well as provide activities for visitors to the Shire. Markets have been cancelled in Wollondilly and surrounding areas and visitation has declined at locations which are very popular for markets. This has had a significant impact on communities, market organisers and vendors. There is also the impact that once markets are cancelled, it is difficult to re-establish clientele. The Wollondilly Markets Program will result in a number of markets being held across Wollondilly and will complement existing markets. The schedule will be ramped up and will provide an opportunity for the smaller towns and villages to attract visitors. There will also be a number of major markets developed as part of Wollondilly’s tourism / economic development activities (e.g. Food & Wine, Car Shows and Support events at the NSW Rail Museum).

o   $50,000 - Shop Local / Visit Local Project

The Wollondilly Visit & Shop Local Program is designed to promote Wollondilly as “Open for Business” following the 2019-2020 Bushfire Event. There has also been an impact on the local economy following the high-levels of smoke and ongoing drought.

Recognising that the vast majority of visitors to Wollondilly are domestic day trippers /overnight and visiting friends and relatives (VFR), the program will be targeted at the Sydney metropolitan area as well as the local area to encourage. The program will seek to raise the profile of the Wollondilly as it is not as well-known as the Southern Highlands or South Coast / Shoalhaven areas. It will also seek to attract more visitors and encourage visitors and locals to spend (shop) and visit locally. The program will include significant digital marketing and promotions to ensure value for money as well as reach.

The Wollondilly Visit & Shop Local Program will:

–        Raise the profile of Wollondilly in the Sydney metropolitan market;

–        Encourage visitation from Sydney as well as nearby areas – Camden, Campbelltown and Southern Highlands;

–        Reduce the economic impact of the bushfires, smoke and ongoing drought; and

–        Demonstrate council’s commitment to growing the local economy.

 

o   $75,000 - Activating Smart Working Hub initiative

The project involves infrastructure upgrade of the Picton GPO into an inclusive hub for business owners, start-ups and employees to co-work, network, partake in education and events. The projects objects are to drive economic growth and strengthening the regional business community especially in the recent time of drought and our fire effected communities.

The project outcomes include increasing community cohesion, creation of a sense of identity and establishment of an icon for the business community – identified as a gap in 2019 by Council.  The hub will provide the opportunity for centrally located education, mentoring and co-working which will have a positive impact on economic activity as employers have greater capability and confidence to make new hires and create jobs.

The project is the result of community consultation and meets the needs of the regional community impacted by drought and fire. The project also improves community connections and creates an inclusive space for multiple uses. The hub will provide:

•        Education and training to those looking to access new sources of income.

•        Networking to connect the off-farm job seekers with employers.

Confidence and mentoring to those starting, or scaling, pivoting or piloting their ideas.  Currently no facilities like this exist and it is a growing requirement on the list of potential people looking to relocate or holiday in the region.

 

·        Regional Tourism Bushfire Recovery Grants – Stream 1 and Stream 2 (17 February 2020)

Applications for Stream 1 of the Regional Tourism Bushfire Recovery (RTBR) grants program opened on the 17 February 2020 and closes at 5pm 20 November 2020. Applicants may apply for more than one grant in this stream, up to a total value of $30,000 per applicant. Applications will be assessed as they are received and Stream 1 has a total funding allocation of $2 million.

Council will be applying for the following initiatives through this grant opportunity:

o   $30,000 – Community resilience events including:

§  $17,200 - Telopia Park Buxton – Family/Community Event 

§  $12,800 - Children’s Festival & Outdoor Movie Night Civic Park Warragamba.

 

Applications for Stream 2 opened on the 17 February 2020 and will close at a date to be determined. Stream 2 will support larger events and initiatives and/or other visitor attractions such as art installations and tourist walks. The total funding for this stream is $7.5 million. Applicants are advised to make their proposals scalable as they may not be awarded the full amount they are seeking.

 

Council will be applying for the following initiatives through this grant opportunity:

o   $100,000 - Illuminate Wollondilly Festival Expansion 2020

To add an extra day to the event and include a recovery and Community resilience focus. To assist with the shortfall in sponsorship funding as the much needed sponsorship dollars have been diverted to Bushfire appeals.

o   $100,000 - Thirlmere Festival of Steam 2021

To work in partnership with The Heritage Steam Museum and the Community to add a recovery and Community resilience focus to the event and assist with the shortfall in sponsorship funding as the much needed sponsorship dollars have been diverted to Bushfire appeals.

o   $250,000 - ‘Potholes to Mermaids Pool’ and ‘Tahmoor Canyon’ – Wollondilly Short Walks

This project will result in an iconic tourism attraction / experience for Wollondilly which will leverage Wollondilly’s close proximity to the new Western Sydney Airport. The funding will provide stage one infrastructure – upgrading of walking tracks, interpreting and way-finding signage, boardwalks, viewing platforms, digital maps and promotions.

 

·        $1,000,000 – The Great Burragorang Valley Walk

This funding application is for the planning of the Great Burragorang Valley Walk Project (joining the Blue Mountains and Wingecarribee through the extraordinary Wollondilly landscape). It is being planned to develop a world class walking network through the internationally renowned Greater Blue Mountains World Heritage Area, National Parks and the Burragorang Valley between Katoomba in the north and Mittagong in the south via the length of Wollondilly on the east side of Lake Burragorang and the western side via Yerranderie. The walk will provide long term attractors for increased local and international tourism growth and support the social and economic recovery and growth of Wollondilly and the neighbouring councils.

 

·        Local Government Bushfire Recovery Support Group and coordination (6 February 2020)

This program has been established to simplify the process for inter-council resource sharing.

Councils have registered more than 500 individual offers of support for bushfire-affected councils through this service through an online portal and these are being progressively matched. New resources have been created by the Group to make resource-sharing even easier:

o   Campbelltown City Council - providing in-kind support to Wollondilly for Governance and administrative support for the Community Recovery Hub located at Balmoral

o   Blacktown City Council - providing in-kind support to Wollondilly Shire Council for communications and event support.

 

Other Identified programs and projects

The following programs and projects have been identified to assist with the Community recovery and resilience issues and as grant funding opportunities become available these projects will be considered:

·        Advocating for the delivery of the Picton bypass as an infrastructure priority to deliver significant future community safety and access benefits

·        Bargo rail loop line infrastructure restoration project- contribution to the joint project between Wollondilly Shire Council and Transport Heritage NSW. $5.5 million is already funded.

·        Koala Hospital

·        Community led projects/programs identified by the Community and other stakeholders through the Community and Stakeholder workshops and forums.

Consultation

Councillors

Wollondilly Local Recovery and Resilience Committee

Tourism Community Advisory Committee

 

Financial Implications

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

Attachments

Nil


Ordinary Council Meeting Agenda

21 April 2020

 

14.2       Financial Assistance: Donations and Sponsorship

File Number:           10619-2#120

 

Executive Summary

Council receives donations and sponsorship requests each month. The purpose of this report is to inform Council of applications for donations received for the period March 2020.

 

Recommendation

That donation payments totalling $1,000.00 be made to the following recipients as allocated:

·        $250 donation be provided to Isaac David Taylor

·        $250 donation be provided to Katrina Robinson

·        $500 donation be provided to The Oaks Pony Club.

 

Report

In March 2020 Council received three applications for Donations:

·        Application for $250 donation from Isaac David Taylor to attend the Karate Federation of Australia National Titles in Perth

·        Application for $250 from Katrina Robinson to attend the 2020 World Archery Oceania Championships

·        Application for $500 from The Oaks Pony Club to assist with recovery costs of a storage container following the February floods.

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.

The Covid-19 pandemic is likely to impact on the scheduling of the two sporting events listed above. It is however understood that these two events will still occur at some stage subject to rescheduling, so it is still considered appropriate to provide the financial assistance being sought.

Financial Implications

The requests are able to be funded within the current financial year budget allocation for Donations.

Annual Budget

Current Expenditure

Balance Available

$12450

$6672.94

$5777.06

 

Attachments

Nil


Ordinary Council Meeting Agenda

21 April 2020

 

14.3       The Great Burragorang Valley Walk

File Number:           10619-2#130

 

Executive Summary

The Wollondilly Destination Management Plan 2018 identifies a series of Game Changer Projects that have the potential to have a major impact on the Shire’s visitor economy, including development of an overnight guided Great Walk experience, in collaboration with the Blue Mountains.

A project summary brochure was prepared for The Great Burragorang Valley Walk. This brochure is an initial stakeholder and partner engagement document to broadcast the benefits and opportunities of The Great Burragorang Valley Walk that will connect three neighbouring councils of Wollondilly, Wingecarribee and Blue Mountains.

The development of a world class walking network through the internationally renowned Greater Blue Mountains World Heritage Area, National Parks and the Burragorang Valley between Katoomba in the north and Mittagong in the south via the length of Wollondilly on the east side of Lake Burragorang as well as the western side via Yerranderie, will provide long term attractors for increased local and international tourism growth and support the social and economic recovery and growth of Wollondilly and the neighbouring councils.

The project brochure proposes the initial routes and the estimated investment required to bring this magnificent natural, cultural and economic project to reality in stages.

Recommendation

1.       That Council endorse The Great Burragorang Valley Walk project brochure for Council to promote and engage with potential partnering stakeholders to seek support and funding for planning, development and staged implementation.

2.       That the Chief Executive Officer develop an engagement plan for communicating the benefits and opportunities of The Great Burragorang Valley Walk with key stakeholders including local members of State and Federal Parliament.

 

Report

The Wollondilly Destination Management Plan 2018 identifies a series of Game Changer Projects that have the potential to have a major impact on the Shire’s visitor economy through:

·        Increased visitor yield

·        Growing visitor average length of stay

·        Shifting visitation from day trips to overnight

·        The generation of new investment into the Shire as well as ensuring the community are advocates for the visitor economy.

The game changer projects being:

·        Introduction of a major nationally branded destination holiday park

·        Encourage the development of a higher-end eco-lodge(s) with an integrated wellness centre/day spa

·        Investment prospectus to entice investors to invest in the Shire

·        The expansion of Thirlmere Festival of Steam to be a signature destination event for Wollondilly

·        Development of a visitor economy awareness campaign to encourage the host community to be advocates for the Shire and to expand community understanding of the broad-ranging benefits generated through the visitor economy

·        Development of an overnight guided Great Walk experience, in collaboration with the Blue Mountains.

This report provides a starting point for the development of The Great Walk experience through the endorsement of an initial brochure for garnering additional stakeholder and funding support to take the conceptual routes through detailed planning, feasibility confirmation and approvals, followed by the staged delivery of approximately 185km walking route that extends upon the existing 131km of walking route between Katoomba, Yerranderie and Mittagong (known as the Ensign Barrallier Walk) to deliver a 316km network of walks across our incredible landscape as the The Great Burragorang Valley Walk.

The development of The Great Burragorang Valley Walk project has been underway since the adoption of the Wollondilly Destination Management Plan 2018; however, its importance to the Wollondilly community and economy has been highlighted as a result of recent tumultuous events in Wollondilly including the 2019 Bush Fires, 2020 Flood Event and the current COVID-19 Pandemic with the consequent devastation of the local, state and national economies.

As a part of having broad economic recovery opportunities for the Shire, it is important that large scale and sustainable economic support opportunities continue to be developed and The Great Burragorang Valley Walk is one of a series of projects that will support the recovery process.

Having already been under development, the endorsement of The Great Walk brochure means that Council is well positioned to commence the economic and social recovery process, even while we are managing the challenges of the current pandemic, as we will be ready to take this opportunity to our key stakeholders to garner wide in principle and direct support such as seed funding.

Consultation

The purpose of this report is to initiate an engagement and consultation process with our key stakeholders.

Financial Implications

Funding for the engagement with broader stakeholder group around the opportunities outlined in The Great Burragorang Valley Walk project brochure is the subject of grant funding requests.

Attachments

1.       The Great Burragorang Valley Walk Brochure     


Ordinary Council Meeting Agenda

21 April 2020

 

15          Efficient and Effective Council

15.1       Customer Service Charter

File Number:           10619-2#118

 

Executive Summary

The Customer Service Charter is a core element of its operating model and interaction with the community that we serve. It has a focus on respectful and responsive customer service by all staff members across the organisation.

The Customer Service Charter is regularly reviewed and in this case has been reviewed, updated and is recommended for adoption by Council.

The Charter will be further reviewed in the future in line with Council’s goal to continually improve customer experience.

Recommendation

That Council adopt the Customer Service Charter.

 

Report

The Customer Service Charter was reviewed as scheduled.  The main updates to the charter were:

·        specific reference to Council’s Fraud and Corruption Prevention stance

·        clarification around anonymous requests.

Attachments

1.       2020 Customer service Charter - policy  

2.       2020 Customer service Charter - summary    


Ordinary Council Meeting Agenda

21 April 2020

 

15.2       Farmland Rating Policy Review

File Number:           10619-2#109

 

Executive Summary

The Farmland Rating Policy was first adopted on 21 December, 2015 and sets formal criteria for assessing Farmland rating applications made under section 515 of the Local Government Act, 1993. Council officers rely on the Farmland Rating Policy to determine applications using a consistent application process and assessment criteria. The policy is now due for review.

The purpose of this report is to notify Councillors of the changes to the Farmland Rating Policy.

Recommendation

1.       That the Draft Farmland Rating Policy be placed on Public Exhibition for a period of 21 days.

2.       That any submissions received during the exhibition period be considered prior to the finalisation and subsequent adoption of the Policy.

 

Report

Section 515 of the Local Government Act 1993 provides:

Categorisation as farmland

(1)     Land is to be categorised as farmland if it is a parcel of rateable land valued as one assessment and its dominant use is for farming (that is, the business or industry of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind, forestry or aquaculture within the meaning of the Fisheries Management Act 1994, or any combination of those businesses or industries) which:

(a)     has a significant and substantial commercial purpose or character, and

(b)     is engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made).

(2)     Land is not to be categorised as farmland if it is rural residential land.

(3)     The regulations may prescribe circumstances in which land is or is not to be categorised as farmland.”

The Farmland Rating Policy was first adopted on 21 December, 2015 and sets formal criteria for assessing Farmland rating applications made under section 515 of the Local Government Act, 1993. Council officers rely on the Farmland Rating Policy to determine applications using a consistent application process and assessment criteria. The policy is now due for review.

Farmland rating legislative guidelines have not changed since the policy was last adopted but each of the Criteria for Assessing Applications have been reviewed against industry standards and adjoining Council’s to ensure that Council’s assessment criteria remains consistent with local conditions. Amendments made to the policy are noted below:

·        3.1 – The Senior Revenue Officer position has been added

·        4.4 – Section 4.4 has been removed as it has caused conflict with applicants. The Local Government Act 1993 states, land is to be categorised as farmland if it is a parcel of rateable land valued ‘­as one assessment’ and various court interpretations have ruled that land must be valued and rated together to be assessed as one holding. This policy statement is misleading and has resulted in conflict with ratepayers when applications have been declined due to not meeting Local Government Act, 1993 provisions.

·        4.10 – The Senior Revenue Officer position has been added.

·        Criteria for Assessing Applications – The current policy Criteria for Assessing Applications does not state that business information is to be provided. Although Council’s policy should be read in conjunction with section 515 of the Local Government Act, 1993 which requires ratepayers to prove that a farming business activity, has a significant and substantial commercial purpose or character, and is engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made) and this cannot be assessed without business information being provided this has caused dispute with some applicants. A requirement to provide relevant business information has been added to the assessment criteria to avoid future disputes.

·        4.21 – Further clarity on the assessment of applications for the activity of Agistment has been added. This is consistent with adjoining Council’s and relevant Land and Environment Court Rulings.

·        4.21, 4.23, 4.24, 4.26, 4.27, 4.28, 4.29, 4.30, 4.31 – Criteria that Council may reduce the minimum assessment criteria in drought conditions has been added.

·        Drought Relief - A new Drought Relief section of the policy has been added. 5.1 refers to relief already being provided under Council’s Hardship Policy and 5.2 formalises actions already being taken for farmland rate assessments.

Consultation

Office of Local Government Rating and Revenue Raising Manual

Adjoining Council’s

NSW Department of Primary Industries

Financial Implications

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

Attachments

1.       DRAFT Farmland Rating Policy Review    


Ordinary Council Meeting Agenda

21 April 2020

 

15.3       Councillor Submission on Superannuation Payments Options

File Number:           10619-2#136

 

Executive Summary

The Office of Local Government has issued a discussion paper (attached) to seek the views of councils and their local communities on whether Councillors should receive superannuation payments.

The purpose of this report is to provide information to Council in order to develop a submission to the Office to Local Government (OLG) on proposed Superannuation Payments to Councillors. The paper has been placed on the Council website to encourage interested members of the public to make their own separate submission directly to the OLG.

Recommendation

1.       That Council consider and then endorse one of the following options:

(a)     maintaining the status quo – Mayors and Councillors can continue to voluntarily contribute a portion of their fees to a complying superannuation fund of their choice; or

(b)     mandate the current voluntary situation – amend the Local Government Act 1993 (the Act) to make it compulsory for Councils to pay a portion of the Mayors and Councillors fees equivalent to the superannuation guarantee amount into a complying superannuation fund nominated by the mayor and councillors; or

(c)     amend the Act to allow Councils to voluntarily pay an amount equivalent to the superannuation guarantee into a complying superannuation fund nominated by the mayor and councillors in addition to the mayor’s and councillors’ fees -  this means that the payment of Councillor superannuation in addition to their fee would be at each Council’s discretion, allowing the Council to take into account the Council’s resources and the local community’s views; or

(d)     amend the Act to make it compulsory for Councils to pay an amount equivalent to the superannuation guarantee into a complying superannuation fund nominated by the mayor and councillors in addition to the mayor’s and councillors’ fee; or

(e)     an alternative option.

2.       That the Mayor, on behalf of Council, provide a submission to the Office of Local Government advising Council’s endorsed option.

 

Report

The Office of Local Government has issued a discussion paper (attached) to seek the views of councils and their local communities on whether Councillors should receive superannuation payments.

Under the Commonwealth Superannuation Guarantee (Administration) Act 1993, Councils across Australia are not required to make superannuation contributions in relation to the fees they pay to mayors and councillors. This is because Mayors and Councillors are elected to a civic office in a council and are not employees of the Council.

The release of the discussion paper has been prompted by concerns raised by Mayors and Councillors that the ineligibility of councillors to receive superannuation payments is inequitable and is a deterrent to more women and younger people standing as candidates at council elections.

The OLG has requested submissions in relation to the following questions:

·        Should councils be required to make superannuation contributions for the mayor and councillors?

·        Should contributions be made as a portion of mayors’ and councillors’ fees or in addition to them?

·        Which is your preferred option?

·        Do you have an alternative suggested option?

Consultation

Employment Relations

The proposed changes will not deem Councillors as ‘employees’ for the purposes of employment law legislation. The payment of any superannuation would need to be administered through Council’s finance team to continue to ensure a clear distinction and separation between employee payments made under the applicable industrial instrument and Councillor payments made pursuant to the Act.

Finance

Options (a) and (b) will have no implications for Council’s current or forward operating budgets as both of these options treat existing councillor and mayors allowances as the source of the superannuation guarantee component. In the case of options (c) and (d) the superannuation guarantee payment proposed would be in addition to the existing mayors and councillors allowances. This will result in an increase in Council’s expenditure budget which would increase each year in line as the mayor and councillor allowances are reviewed. As the superannuation guarantee is legislated to increase incrementally from 9.5% to 12% by July 2025 the rate of increase to Council’s expenditure budget will be higher than the revisions to the mayor and councillor allowances.

Financial Implications

There are no financial implications associated with the recommendations of this report.

 

Attachments

1.       OLG March 2020 - Councillor superannuation discussion paper    


Ordinary Council Meeting Agenda

21 April 2020

 

15.4       Investment of Funds as at 29 February 2020

File Number:           10619-2#131

 

Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 29 February 2020.

It is recommended that the information and certification in relation to the investment of funds as at 29 February 2020 be noted.

Report

At its last meeting, the Reserve Bank reduced the cash rate by 25 basis points to 0.50%. The Board took this decision to support the economy as it responds to the global coronavirus outbreak. In relation to the domestic market, the Board of the Reserve Bank commented that:

 

“The coronavirus has clouded the near-term outlook for the global economy and means that global growth in the first half of 2020 will be lower than earlier expected. Prior to the outbreak, there were signs that the slowdown in the global economy that started in 2018 was coming to an end. It is too early to tell how persistent the effects of the coronavirus will be and at what point the global economy will return to an improving path. Policy measures have been announced in several countries, including China, which will help support growth. Inflation remains low almost everywhere and unemployment rates are at multi-decade lows in many countries.

Long-term government bond yields have fallen to record lows in many countries, including Australia. The Australian dollar has also depreciated further recently and is at its lowest level for many years. In most economies, including the United States, there is an expectation of further monetary stimulus over coming months. Financial markets have been volatile as market participants assess the risks associated with the coronavirus. Australia's financial markets are operating effectively and the Bank will ensure that the Australian financial system has sufficient liquidity.

The coronavirus outbreak overseas is having a significant effect on the Australian economy at present, particularly in the education and travel sectors. The uncertainty that it is creating is also likely to affect domestic spending. As a result, GDP growth in the March quarter is likely to be noticeably weaker than earlier expected. Given the evolving situation, it is difficult to predict how large and long-lasting the effect will be. Once the coronavirus is contained, the Australian economy is expected to return to an improving trend. This outlook is supported by the low level of interest rates, high levels of spending on infrastructure, the lower exchange rate, a positive outlook for the resources sector and expected recoveries in residential construction and household consumption. The Australian Government has also indicated that it will assist areas of the economy most affected by the coronavirus.

The unemployment rate increased in January to 5.3 per cent and has been around 5¼ per cent since April last year. Wages growth remains subdued and is not expected to pick up for some time. A 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.

There are further signs of a pick-up in established housing markets, with prices rising in most markets, in some cases quite strongly. 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 global outbreak of the coronavirus is expected to delay progress in Australia towards full employment and the inflation target. The Board therefore judged that it was appropriate to ease monetary policy further to provide additional support to employment and economic activity. It will continue to monitor developments closely and to assess the implications of the coronavirus for the economy. The Board is prepared to ease monetary policy further to support the Australian economy.”

 

The majority of Council’s investment portfolio (90%) 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 29 February 2020 is summarised below.

 

 

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 29 February 2020 was $561,922.68. 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.       February 2020 Investment Summary Report   

Recommendation

That the information and certification in relation to the investment of Council funds as at 29 February 2020 be noted.

 


Ordinary Council Meeting Agenda

21 April 2020

 

15.5       Exhibition of Draft Wollondilly Operational Plan 2020/21

File Number:           10619-2#142

 

Executive Summary

The purpose of this report is to present the draft Wollondilly Operational Plan & Budget 2020/21. This plan includes the annual budget and fees and charges and sets out the individual activities and projects that will be undertaken in the forthcoming year to achieve the commitments made in the Delivery Program.

The Local Government Act 1993 requires Council to publicly exhibit the Operational Plan, consider any submissions received and formally adopt the final document by 30 June 2020.

Following the exhibition period, Council will consider any submissions and make any necessary adjustments to the Operational Plan. The Operational Plan will then be submitted to the June 2020 Council meeting for adoption.

The draft Operational Plan & Budget 2020/21 and an updated Council Report are being finalised and will be provided under a separate cover prior to the Council meeting. The significant financial impact of the Covid-19 situation and the resulting economic crisis is a key consideration.

Recommendation

That Council endorse the draft Wollondilly Operational Plan 2020/21 (including the proposed 2020/21 fees and charges) and it be placed on public exhibition for 28 days from Wednesday 22 April to Tuesday 19 May 2020.

 

Report

The Integrated Planning and Reporting (IP&R) framework sets out Council’s strategic and operational intentions for the community.

In June 2017, Council adopted the full suite of IP&R documents, as follows:

·        Wollondilly Community Strategic Plan 2033

·        Wollondilly Resourcing Strategy 2017/18 2026/27

·        Wollondilly Delivery Program 2017/18 2020/21

·        Wollondilly Operational Plan 2017/18 (including Fees & Charges).

The Integrated Planning and Reporting Guidelines require that the Community Strategic Plan, Resourcing Strategy and Delivery Program all be reviewed every four (4) years. The development and adoption of an annual Operational Plan (including operational and capital budget, revenue policy and fees and charges) is required to be prepared annually.

The Operational Plan is a sub-plan of the Delivery Program 2017/18 - 2020/21 and demonstrates Council's approach to achieve the outcomes from the Delivery Program.

The draft Wollondilly Operational Plan 2020/21 outlines the actions and activities we will undertake to achieve the objectives set in the Delivery Program, which in turn, align with the outcomes identified in the Wollondilly Community Strategic Plan 2033. The Operational Plan allocates responsibilities and resources for each action/activity and details targets and measures to determine our progress towards achieving the Community Strategic Plan outcomes.

Preparation of the draft Operational Plan (including the budget) commenced in December 2019 as each section of Council considered their strategies and actions. This information has been incorporated into the draft documents which have continued to be reviewed and refined with Executive and Councillor input through workshops.

The draft Wollondilly Operational Plan 2020/21 has been developed and approval is now sought to publicly exhibit the document for the legislatively required period of 28 days to give the Community the opportunity to provide their input. All public submissions will be considered before finalising the document. The adoption of the final operational plan will be considered in June 2019.

Consultation

This report requests Council to endorse the draft Operational Plan to be placed on public exhibition to provide the Community with an opportunity to provide relevant feedback to Council on the plans for the year ahead. The exhibition period will be advertised in local papers and on Council’s website.

Financial Implications

The draft Operational Plan outlines Council’s 2020/21 financial obligations and expectations on the basis of business as usual. The document includes Council’s draft 2020/21 budget and proposed 2020/21 fees and charges.

The draft budget is subject to continuous review to ensure that it remains current. Recurrent financial issues that may be identified through the March 2020 Quarterly Budget Review process, along with necessary adjustments to reflect the current and future impacts of the COVID-19 pandemic, will need to be incorporated into the final draft along with any changes made during the community consultation period.

Attachments

Nil

There are no attachments to this report. The draft Wollondilly Operational Plan 2020/21 will be provided under separate cover.  


Ordinary Council Meeting Agenda

21 April 2020

 

16          Notice of Motion/Rescissions

16.1       Notice of Motion - Legal Advice for Councillors on oversight of Development Applications and Complying Development Certificates

File Number:           10619-2#192

 

We, Councillor Noel Lowry and Councillor Judith Hannan, intend to move the following motion:

Motion

1.       That Council be updated on any legal advice regarding Compliant Development Certificates and Development Applications approved by private certifiers.

2.       That Council seek legal advice on its ability to oversee Development Applications and Compliant Development Certificates.

3.       That Development Applications be required for any works requiring 100 cubic metres or greater of imported fill.

 

CEO’s Comment

1.       Development applications cannot be assessed or determined by a Private Certifier. 

A Complying Development Certificate can be assessed and issued by a Private Certifier or Council. The proponent is able to choose who assesses its Complying Development Certificate.

Council may audit compliance with conditions of consent imposed under a Development Application however does not have any jurisdiction to audit Complying Development Certificates issued by Private Certifiers.  The Private Certifier in these instances replace Council and has no lawful requirement to consult with Council.  Concerns can and are raised with Certifiers from time to time and in most cases co-operation is provided by the Certifier.  Council has in the past made representations to the Building Professionals Board (BCP) to report discrepancies with the Code SEPP (Exempt & Complying) legislation and Privately Certified Complying Development Certificates.

2.       It is not considered legal advice is warranted as Council’s ability to oversee DA’s and CDC’s is determined by the NSW Government as outlined above.

3.       Under the Code SEPP Division 7 - Development standards for Farm Buildings and Division           8 Development Standards for associated works including earthworks the following applies:

(3)     Fill must not exceed a maximum height, measured from ground level (existing), of—

(a)     if the fill is for the purposes of the erection or alteration of, or an addition to, a dwelling house under this code—1m, and

(b)     if the fill is for any other purpose under this code—600mm.

(6)     Despite subclause (3), the height of fill contained wholly within the footprint of a building or any attached development or detached development is not limited.

(7)  Fill that is higher than 150mm above ground level (existing) and is not contained wholly within the footprint of a building or any attached development or detached development is limited to 25% of the landscaped area of the lot.

Representations could be made to the Minister for Planning & Open Space to amend the Code SEPP to limit the amount of fill that can be imported to a landholding area under the Code SEPP.

Attachments

Nil    


Ordinary Council Meeting Agenda

21 April 2020

 

17          Closed Reports   

No reports this meeting


 

18          Questions for Next Meeting

No reports this meeting