ATTACHMENTS

 

 

 

Ordinary Council Meeting

 

 16 June 2020

 

 

 

 

 


Ordinary Council Meeting Attachments

16 June 2020

 

Table of Contents

 

11.1     Stonequarry Commercial Planning Proposal

Attachment 1    Attachment 1 Merged Gateway Determination and Extensions.................... 5

Attachment 2    Attachment 2 Assessment of Consistency with Gateway Determination... 15

Attachment 3    Attachment 3 Assessment against S9.1 Directions..................................... 19

Attachment 4    Attachment 4 Compliance with State Environmental Planning Policies and SREP 20.................................................................................................................. 23

Attachment 5    Attachment 5 Assessment of the consistency with the Wollondilly GMS.... 31

Attachment 6    Attachment 6 Assessment against CSP...................................................... 36

Attachment 7    Attachment 7 Summary Table of Agency Submissions.............................. 38

Attachment 8    Attachment 8 - Extract from Proponents Flood Study (2017) showing extent of proposed widening of creek channel............................................................ 46

Attachment 9    Attachment 9 - Stonequarry Creek Floodplain Management Plan 1996 - Flood Classification Map........................................................................................ 47

Attachment 10  Attachment 10 Extract LPP Report Agenda 26032020............................... 48

Attachment 11  Attachment 11 Extract LPP_20200326_MIN_2247..................................... 61

Attachment 12  Attachment 12 Original Report to Council  PE1 -Draft Planning Proposal Stonequarry Commercial-Cliffe St, Picton- Ordinary Meeting Agenda - 18 February 2013.............................................................................................. 63

11.2     Stilton Lane Planning Proposal

Attachment 1    Report to Council - Stilton Lane - December 2019...................................... 75

Attachment 2    Stilton Lane Gateway Determination Document.......................................... 85

Attachment 3    Director's Letter to Proponent - October 2019............................................. 88

Attachment 4    Assessment Against Ministerial Directions and State Environment Planning Policies                                                                                                                       89

Attachment 5    Report to LPP 26 March 2020...................................................................... 95

11.3     Improving the Infrastructure Contributions System

Attachment 1    Submission Improving the Contributions System........................................ 97

12.2     Adoption of Draft Stonequarry Creek Floodplain Risk Management Study & Plan

Attachment 1    Draft Stonequarry Creek (Picton) Flood Study Update - WMAwater....... 101

Attachment 2    Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan (Vol 1)................................................................................................................. 221

Attachment 3    Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan (Vol 2)................................................................................................................. 412

Attachment 4    Stonequarry Creek 2020 - Community Engagement Report.................... 471

Attachment 5    Stonequarry Creek Public Exhibition 2020 - Submission Summary......... 489

Attachment 6    Wollondilly Floodplain Risk Management Committee Minutes 11 May 2020 494

 

 

12.3     Application to Transfer Crown Road to Public Road, - Government Road, Silverdale

Attachment 1    Plans - Subdivision Plan - Marsh Road Silverdale..................................... 496

Attachment 2    Map Plan of proposed Crown Road Transfer V2....................................... 498

13.1     Draft Biosecurity Policy and Strategy Exhibition

Attachment 1    Draft Wollondilly Biosecurity Policy............................................................ 499

Attachment 2    Draft Wollondilly Biosecurity (Weed Management) Strategy.................... 505

14.1     Adoption of the Social Media Policy

Attachment 1    Draft Social Media Policy for Adoption May 2020..................................... 530

15.1     Adoption of the Interaction with Developers, Lobbyists & Submitters Policy and the Conflict of Interests Policy

Attachment 1    Draft Interaction with Developers, Lobbyists and Submitters Policy......... 537

Attachment 2    Draft Conflict of Interests Policy................................................................ 550

15.2     Investment of Funds as at 30 April 2020

Attachment 1    April 2020 Investment Summary Report.................................................... 554

 

15.3   Adoption of the 2020/21 Operational Plan and Budget – Attachment to be provided at a    later date in Supplementary Agenda.


Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

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Improving the Infrastructure Contributions System

 

This submission is made in response to the NSW Government’s invitation for public comment on proposed improvements to the Infrastructure Contributions System to provide transparency and simplicity to a complex system in the areas of:

·    Contributions plan review;

·    Voluntary Planning Agreements (VPAs); and

·    State Special Infrastructure Contribution (SIC) Guidelines, and

·    Reporting and Account requirements.

 

This submission notes that a number of the proposed changes are welcome, and long overdue, and will provide more robust transparency for both local and State level contributions schemes. It is noted that none of the changes are in conflict with Council’s recently adopted Wollondilly Local Contributions Plan.

It is also noted that COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 No 5 was Assented to on 14 May 2020 and made amendments to the Environmental Planning and Assessment Act, 1979. These changes allow for the pooling of funds received by Council for different purposes under a contributions plan, and for the Minister to specify the time at which a monetary contribution or levy is to be paid.

It is noted that the NSW Government’s planned changes aim to fix the uncertainty of infrastructure contributions, unlocking new housing supply, delivering vital public infrastructure and boosting investment in NSW. The plan involves two reviews running in parallel as detailed below.

NSW Productivity Commissioner - Review of the infrastructure contributions system

The NSW Productivity Commissioner, Peter Achterstraat (within NSW Treasury) will conduct a holistic review of the infrastructure funding in NSW to determine whether it meets the objectives of certainty and efficiency, while delivering public infrastructure to support development. 

Council expects that this review will recommend options for reform that are aimed at delivering a principles-based system to deliver the infrastructure needed to match growth. This could include proposed changes to the Environmental Planning and Assessment Act, 1979 and to other legislation that impacts infrastructure funding.

Council looks forward to submissions being called for by the Productivity Commissioner in the near future.

Infrastructure contributions system improvements

In support of the NSW Productivity Commissioner’s review, the Department of Planning, Industry and Environment (DPIE) sought feedback on proposed updates to the planning system that can be implemented in the short term to make it more transparent and easier to use.

These proposed system improvements respond to a range of recent governance reviews on how the planning system might be improved, including the Kaldas Review. The proposed improvements address five areas:

·    Draft planning agreements policy;

·    Improving the review of local contributions plans discussion paper;

·    Criteria for higher 7.12 contributions;

·    Draft SIC guidelines; and

·    Proposed amendments to EP&A Regulation.

Draft planning agreements policy framework

The proposed guidance material aims to provide more transparency around the planning agreement process and appears to reinforce the fact that planning agreements are a legitimate means to fund innovative solutions to the community's infrastructure needs.

The revised Draft Planning Agreement Practice Note responds to the Kaldas Review of the NSW planning system and aims to increase clarity and transparency in the system by promoting the importance of strategic land use and infrastructure planning. It does, however, clarify that ‘value capture is not to be the primary purpose of a VPA’.

The exhibition material supports Council’s current approach to fund the maintenance of public assets for growth until a payment base is established. The main point of process improvement for Wollondilly, which should be viewed as a positive, is that Council’s consideration of a planning agreement should be made, exhibited and considered contemporaneously with its corresponding planning proposal for a defined area of land. Council hold that this is the most appropriate time to satisfactorily negotiate for the commensurate infrastructure to support proposed development, not after the fact.

Improving the review of local infrastructure contributions plans discussion paper

There are proposed efficiency reforms to the review process for section 7.11 contributions plans, which will improve the overall function and application of the funding mechanism and support councils in planning for the infrastructure needs of their growing communities.

This paper considers the raising the contributions threshold (cap) that triggers an Independent Pricing and Regulatory Tribunal (IPART) review and proposes three options:

·    Option 1 – indexation of the current $20,000 and $30,000 cap;

·    Option 2 – replacing these with new caps of $30,000 for existing areas and $45,000 for greenfield area; and

·    Option 3 – Removing the complex definitions of Schedule 1 and Schedule 2 land and Introducing a flat $45,000 cap across all areas.

The purpose of these system improvements is to provide transparency and simplicity in the development contributions systems. In support of that objective Council supports Option 3 - a single, flat, cap of $45,000.  It is also considered that this figure should be indexed annually in the same way as the Special Infrastructure Contribution (SIC).  This rate is more realistic considered the costs incurred by Councils in delivering infrastructure. Indexation would ensure that the cap keeps pace with inflation and increases in land and construction costs.

The proposed changes to the Plan review process through removal of the requirement to re-exhibit plan amendments, reducing the delays from DPIE in approving IPART reviewed plans, and removing the exemption that applies to some plans (sometimes called ‘grandfathered plans’), again, with transparency and simplicity in mind, are worthwhile improvements.

That said, this review is also an opportunity to review the Essential Works List (EWL) once and for all, to recognise that community infrastructure such as libraries and neighbourhood centres is absolutely ‘essential’ to creating community. An expanded EWL could also foster innovative open spaces outcomes for the community and the environment, such as the Burragorang Valley Walk. Given the current Covid climate, these opportunities are particularly more important to embrace.

Criteria to request a higher section 7.12 percentage discussion paper

While the recently adopted Wollondilly Local Contributions Plan (2020) does not contain a section 7.12 fixed levy, it is important to comment on the proposed criteria.  If alternative opportunities or conditions arise in the future, such as the need for town centre improvements, enterprise corridors or the like, there will be a set of transparent assessment criteria for requesting Ministerial approval for a higher percentage for section 7.12 fixed levies from 2% to 3%.

The criteria include the following:

·    The land is identified as a strategic centre or economic growth corridor;

·    There is a plan to support jobs growth; and

·    There is a high degree of alignment with the Local Strategic Planning Statement (LSPS).


Council supports the proposed criteria for section 7.12 levies, however, it is important to note that section 7.11 plans will provide more local infrastructure then these proposed changes.

Draft Special Infrastructure Contributions (SIC) guidelines

These proposed guidelines seek to improve transparency around the purpose and function of Special Infrastructure Contributions (SIC). We agree the guidelines explain and clarify the purpose and objectives of the SIC framework and how DPIE consider prospective SICs, their principles for implementing and administering, the method for determining a new SIC and processes for allocating SIC revenue to infrastructure investment.

These guidelines are welcome and long overdue. It is appropriate, in the pursuit of a more transparent contributions system, that SICs are also held to the same high standard as local contributions plans.

Proposed amendments to the EP&A Regulation

DPIE has exhibited proposed changes to improve transparency through clearer accounting and reporting on contributions by councils and planning authorities. The proposed amendments respond to the Kaldas review into the Planning System and have the following objectives:

·    Identifying the infrastructure or land that is targeted, collected for, expended on, dedicated to, or completed by the councils through development contributions.

·    Improving Contributions Registers - noting this is information generally collected as part of the DA process or when the contributions notice is issued.

·    Improving Contributions Plan Reporting - similar to existing annual financial statement reporting and information for each Contributions Plan.

·    Improving VPA Reporting - similar to existing annual financial statement reporting with information for each Agreement.

The intention and transparency of these proposed measures is supported and will provide a more robust and transparent system. However each of these items will take significant time and resources to implement in terms of staffing and system resources. Implementation should be staged and required at least a full financial year after any amended regulation and/or any supporting codes, circulars and directions have been published. This will allow resources to be planned and budgeted appropriately.

Similarly, the benchmark of 1.5% for plan management and administration is insufficient for the regulatory compliance and auditing costs that will be incurred by Councils in addition to those already required. Support from Government is required to implement these changes and an increase in the benchmark plan administration rate is required to comply with these requirement.

This matter is likely to have financial impact on Council’s adopted budget or forward estimates. At this stage the financial implications are unknown, however we are seeking a staggered implementation approach to the new reporting mechanism which will allow time for forward budgeting and planning to occur appropriately.

It is also noted that COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 No 5 was Assented to on 14 May 2020 and made amendments to the Environmental Planning and Assessment Act, 1979. These changes allow for the pooling of funds received by Council for different purposes under a contributions plan, and for the Minister to specify the time at which a monetary contribution or levy is to be paid. These changes are already in effect and are not the subject of this report.

 

 

 

 


Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

16 June 2020

 





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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

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Ordinary Council Meeting Attachments

16 June 2020

 

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Ordinary Council Meeting Attachments

16 June 2020

 

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