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

 

Date:

Tuesday, 18 August 2020

Time:

6.30pm

Location:

To be held remotely online via Audio Visual Link and Open to the Public via Webcast

 

AGENDA

 

 

Ordinary Council Meeting

 

18 August 2020

 

 

 

 

Ben Taylor

Chief Executive Officer

 


Ordinary Council Meeting Agenda

18 August 2020

 

 


Ordinary Council Meeting Agenda

18 August 2020

 

Order Of Business

1          Opening. 4

2          Recording of the Meeting. 4

3          Webcast Notice. 4

4          National Anthem.. 4

5          Acknowledgement of Country. 4

6          Apologies and Leave of Absence Requests. 4

7          Declaration of Interest 4

8          Confirmation of Minutes. 4

9          Items to be Tabled. 4

10       Mayoral Minute. 5

10.1          Mayoral Minute. 5

11       Sustainable and Balanced Growth. 6

11.1          The Oaks North Planning Proposal 6

11.2          Pre-Gateway Planning Proposal - 350 Barkers Lodge Road, Picton. 21

11.3          LEP Review Program Stage 1 Planning Proposal - Outcome of Public Exhibition and Finalisation. 48

11.4          LEP Review Program - Draft Strategies. 64

11.5          Draft North Wilton Neighbourhood Plan No.1. 69

12       Management and Provision of Infrastructure. 78

12.1          Increase to Major Works Program 2020/21. 78

12.2          Options for Playground Upgrades - Birrahlee Park, Yanderra. 81

13       Caring for the Environment 83

No reports this meeting

14       Looking after the Community. 84

14.1          2020 Community Grants Program.. 84

15       Efficient and Effective Council 91

15.1          Repeal of Council and Delegated Determination of Development Applications Policy. 91

15.2          Community Advisory Committees (CAC) - Achievements, Outcomes and Future Focus  92

15.3          Investment of Funds as at 30 June 2020. 107

16       Notice of Motion/Rescissions. 111

16.1          Notice of Motion - Policy for Surveillance of Council Assets. 111

17       Closed Reports. 112

17.1          Proposed Acquisition  Lot 253 DP 40109 Charlies Point Road, Bargo - Effluent Ponds Site. 112

17.2          Mayoral Minute - CEO Annual Performance Review 2019/20. 112

18       Questions for Next Meeting. 113

No reports this meeting


1            Opening

Legislative changes to the Local Government Act section 747A now permits Council meetings to be held remotely using audio visual link and is open to members of the community via webcast.

2            Recording of the Meeting

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

3            Webcast Notice

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

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

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

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

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

Ordinary Council Meeting - 21 July 2020

9            Items to be Tabled

               Disclosure of Interests Register – 2019/20


Ordinary Council Meeting Agenda

18 August 2020

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           12275#56

 

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

18 August 2020

 

11          Sustainable and Balanced Growth

11.1       The Oaks North Planning Proposal

File Number:           12275#42

 

 

Applicant:                              Coprad Pty Ltd

Proposal:                              Part rezoning of land at No. 80 Silverdale Road, The Oaks for residential purposes and amending the minimum lot size of lots adjoining Browns Road

Current Zoning:                   R2 – Low Density Residential and RU2 – Rural Landscape

Address:                               80 Silverdale Road, The Oaks & 1-22 Browns Road, The Oaks

Lot & DP:                              Lot 3 in DP 1201486 & Lot 1-22 in DP 775993

 

Executive Summary

 

The purpose of this report is to recommend that Council supports the amended planning proposal for land at No. 80 Silverdale Road and No. 1-22 Browns Road, The Oaks (known as The Oaks North Planning Proposal).

 

The planning proposal seeks to amend Wollondilly Local Environmental Plan 2011 (WLEP 2011) by rezoning rural land to enable large lot residential development and amending the minimum lot size on land in Browns Road, The Oaks.

 

The proposal has been revised in accordance with the conditions of the Altered Gateway Determination issued by the Department of Planning & Environment on 20 July 2017, the specialist studies provided by the proponent and the Council resolution dated 18 September 2017.

 

Council officers are now satisfied that the amended planning proposal and studies can be progressed for further consideration including consultation with the community. 

 

Recommendation

1.       That Council agrees to proceed with the amended planning proposal.

2.       That the amended planning proposal is forwarded to the Department of Planning, Industry & Environment (DPIE) for endorsement as required by the Gateway determination conditions.

3.       That Subject to endorsement by DPIE, the planning proposal is exhibited in accordance with Council’s Community Participation Plan.

 

 

Background

The initial application for the planning proposal was received on 25 February 2016. The original application sought to rezone the south-western portion of Lot 3 DP 1201486 comprising an area of approximately six (6) hectares with the intent to facilitate the future subdivision of approximately sixty (60) lots and development of the land for residential purposes. Over time, however, the planning proposal has been scaled down and now only applies to approximately 2.9 hectares of the site and will now result in approximately 12 residential lots. The location of the site is shown in Figure 1 on the following page.

                     

FIGURE 1: Location map of subject site

 

The chronological history of this planning proposal is provided in the table below:

Timeline

Events

25 February 2016

Draft planning proposal was received by Council.

16 March to 20 April 2016

The draft planning proposal and associated documents were publicly exhibited for preliminary community consultation.

18 July 2016

Council resolved to support the preparation of a planning proposal to rezone part of the site from RU2 Rural Landscape to R5 Large Lot Residential and to introduce a maximum building height of 9 metres with the easement for the transmission line on the lot forming the northern boundary of the proposed R5 zone.

 

Council also resolved to defer the identification of a minimum lot size until after a Gateway determination had been issued and specialist studies had been prepared but with a minimum size of at least the average size of the existing lots in Browns Road (1,883m²) to be applied to the site.

17 October 2016

A further report to Council was prepared requesting that additional land be included in the planning proposal (being lots 1-22 Browns Road, The Oaks) with the intent of increasing the minimum lot size for this area to better reflect the actual sizes of existing lots.

 

Council supported the inclusion of additional land at Browns Road, The Oaks within the planning proposal with the intention being to increase the minimum lot size for that land from 700m2 to 1500m2.

8 December 2016

 

Department of Planning, Industry & Environment (DPIE) issued a Gateway determination. The determination supported the proposal in the following manner:

·    Amend the land use zone for part of No. 80 Silverdale Road from RU2 Rural Landscape to R5 Large Lot Residential;

·    Amend the height of building map and minimum lot size for No. 80 Silverdale Road (without specifying a particular lot size or maximum building height);

·    Amend the minimum lot size for 1-22 Browns Road.

25 January to 20 July 2017

The proponent sought a Gateway determination Review which was received by the DPIE on 25 January 2017. As part of the review, the proponent requested that the Gateway determination be altered to reflect a zoning of R2 Low Density Residential across the site (rather than R5 Large Lot Residential) and that a minimum lot size of 1500 square metres be applied to the site.

 

In July 2017 upon completion of the Gateway determination Review DPIE issued  a Gateway Alteration with minimum lot size of 1500m2 subject to:

 

·    demonstrating the availability of reticulated sewerage to each lot in consultation with Sydney Water; and

·    Providing a comprehensive whole-of-site concept plan for stormwater management in consultation with Water NSW.

 

The determination retained the requirement for an R5 Large Lot Residential zone across part of the site and did not support the proponents request for the R2 Low Density Residential zone to be applied to this part of the site.

18 September 2017

The outcome of the Gateway Determination Review was reported to Council. At its Ordinary Meeting on 18 September 2017 Council resolved to:

 

·    Apply a maximum building height of 6.4 metres across the site (noting that Council had originally supported a 9m height limit to the rezoned portion of the site);

·    Assess the loss of agricultural capability from the rezoning and any potential impacts on the capability of adjoining land to be used for agriculture through preparation of an Agricultural Impact Study including any measures required to ameliorate that impact.

 

Note: The decision by Council to impose a maximum 6.4 metre building height across the site did not require a further Gateway Alteration in order for the proposal to proceed, as the original Gateway Determination did not specify a particular minimum lot size. Further assessment of the appropriate building height has been undertaken and the appropriate building height is discussed throughout this report.

 

11 February 2020

Council adopted the Local Strategic Planning Statement (LSPS) which sets a 20 year vision for the Shire. The LSPS was assured by the Greater Sydney Commission on 23 March 2020. Council is now required to assess all planning proposals against the LSPS to ensure consistency.

06 May 2020

A request was made to the proponent to provide additional information to demonstrate the consistency of the planning proposal against the relevant Planning Priorities within the Local Strategic Planning Statement (LSPS).

26 May 2020

The proponent provided response to the request of additional information made on 06 May 2020.

 

A condition was included in the original and altered Gateway determinations requiring an amended planning proposal and supporting studies to be referred to DPIE for endorsement prior to the commencement of public exhibition. This requirement remained when the Gateway Alteration was issued by DPIE in July, 2017.

Description of proposal

The planning proposal (as amended) seeks to enable development of the land for residential purposes by amending the Land Zoning Map, Height of Buildings Map and Lot Size Map under Wollondilly Local Environmental Plan (WLEP) 2011 as follows:

 

1.   Amend the WLEP 2011 Land Zoning Map to rezone part of the site from RU2 Rural Landscape to R5 Large Lot Residential.

 

2.   Amend the WLEP 2011 Height of Buildings Map as follows:

 

·    Apply a maximum building height of 6.8m to the proposed R5 zoned land directly adjoining Silverdale Road;

·    Apply a maximum building height of 9m to the remainder of the proposed R5 zoned land; and

·    The RU2 zoned portion of the site does not contain any maximum building height and this will remain unchanged.

 

3.   Amend the WLEP 2011 Lot Size Map as follows:

 

·    Amend the minimum lot size from 40ha to 1500m2 for the part of the land at 80 Silverdale Road, The Oaks proposed to be rezoned to R5 Large Lot Residential;

·    Amend the minimum lot size from 40ha to 20ha for the part of 80 Silverdale Road, The Oaks which is proposed to remain zoned RU2 Rural Landscape (i.e. the residue land); and

·    Amend the minimum lot size from 700m2 to 1500m2 for the land at 1-22 Browns Road, The Oaks.

 

The residue land (being the land that will remain zoned RU2 Rural Landscape) has an approximate area of 28ha. Based on the existing minimum lot size of 40ha, the residue land could not be subdivided from the proposed R5 zoned land under the current provisions of WLEP. Therefore, amendments to the minimum lot size from 40ha to 20ha for the residue land is necessary to give effect to this planning proposal.  It is considered that this addition to the proposal is within the scope of the original Gateway determination which provided for amendments to the minimum lot size without specifying particular sizes.

 

The proposed amendments to Land Zoning Map, Height of Buildings Map and Lot Size Map are illustrated in the table below:

 

Amendments to Wollondilly Local Environmental Plan (WLEP) 2011

 

 

Existing ‘Land Zoning Map’

 

 

Proposed ‘Land Zoning Map’

Existing ‘Height of Buildings Map’

Proposed ‘Height of Buildings Map’

Existing Lot Size Map’

Proposed ‘Lot Size Map’

 

PLANNING CONTEXT

Western City District Plan 2018

The Western City District Plan outlines a number of directions, priorities and actions requiring an integrated approach to housing, land use and transport, delivery of lead-in infrastructure, and the protection and enhancement of bushland and biodiversity.

The site is located within the Metropolitan Rural Area (MRA) under the Western City District Plan. The District Plan states that urban development in the MRA will only be considered in the urban investigation areas identified in A Metropolis of three cities. The site has not been identified as an urban investigation area in the Metropolis of Three Cities. The urban investigation areas identified in that plan within the Wollondilly LGA include the Wilton, Camden Park and Greater Macarthur Growth areas.

The District Plan acknowledges however, that ongoing planning and management of rural towns and villages will need to respond to local demand for growth while protecting the character of the towns/villages and surrounding landscape.

It is noted that the Oaks North Planning Proposal was lodged with Council in February 2016 and has been under assessment by Council for some time now.  Also the proposal is limited in scale and will result in only twelve (12) additional residential lots.  On that basis, the proposed growth by this planning proposal is considered appropriate in the context of The Oaks. Therefore, the proposal does not contradict with the intent of the Western City District Plan.

 

Section 9.1 Ministerial Directions

The Gateway determination issued by DPIE required the assessment of the planning proposal against the following ministerial directions.

 

Ministerial Direction

Assessment Comment

1.2 Rural Zones

 

The proposal accords with the Growth Management Strategy whereby additional residential land on the periphery of The Oaks is desired for future expansion to accommodate the local growth.

 

The site is immediately adjacent to the urban extent of The Oaks village and historically has been used for non-agricultural uses including a quarry. Also intense agricultural productivity is not considered suitable due to the proximity of the site to urban land uses.

 

There remains a significant area of land throughout the Shire, which maintains much higher resource value than that of the subject site as the site has been degraded through its historic land use. As such, the proposal does not contradict this ministerial direction.

4.3 Flood Prone Land

 A Stormwater Management Study has been prepared by SitePlus to support the proposal. The proposal is capable of reducing the peak runoff to pre development levels by providing an onsite detention basin (OSD) and is consistent with this ministerial direction.

4.4 Planning for Bushfire Protection

A Bushfire Hazard Assessment has been prepared by Harris Environmental Consulting to support the proposal. The site is capable of achieving acceptable asset protection zones (APZ) and building envelopes.

5.2 Sydney Drinking Water Catchment

Any development within Sydney Drinking Water Catchment must have a neutral or beneficial impact on the water quality.

 

The provided Stormwater and Flooding Assessment takes an approach to regrade the site completely away from the Sydney Drinking Water Catchment. Water NSW has considered such assurance appropriate at the planning proposal stage.

 

Wollondilly 2040 Local Strategic Planning Statement (LSPS)

Council’s Local Strategic Planning Statement 2040 (LSPS) is a 20 year land use vision for Wollondilly. The LSPS was endorsed by Council at an Extraordinary Meeting on 11 February 2020 and received assurance from the Greater Sydney Commission on 23 March 2020. The LSPS provides a clear strategic land use vision for Wollondilly Shire for the next 20 years and provides a sound framework in which to consider current and future planning proposals. The LSPS sets out eighteen planning priorities for the Shire and provides actions to respond to each priority.

Planning Priority 3, 5 and 18 in the LSPS are particularly relevant to this Planning Proposal and assessment against these Planning Priorities is provided below:

 

Planning Priority

Assessment Comment

Planning Priority 3

Establishing a framework for sustainable managed growth

 

 

There are approximately 725 residential lots in The Oaks village with an average of 3.1 people per household. Population forecast by the Department of Planning, Industry & Environment (DPIE) projects an average annual growth of 2.0% for Wollondilly Shire between 2016 and 2041. Council is currently (at the time of preparing this report) undertaking a Housing Strategy which will consider local growth needs for the Shire.

 

The Oaks North planning proposal was lodged with Council in February 2016 and has been under assessment with Council for some time now.  Also the proposal is limited in scale and will result in only twelve (12) additional residential lots.  As such, the proposed growth by this planning proposal can be absorbed within future local growth targets of The Oaks.

 

Planning Priority 5

Providing housing options that meet local needs and match the local character of towns and villages

 

All the proposed lots will have a minimum lot size of 1500m² which is consistent with the adjoining lands to the south and broader character of The Oaks village.

Planning Priority 18

 

Living with climate impacts and contributing to the broader resilience of Greater Sydney

 

It is noted that Council is currently undertaking a Hazard Analysis and Emergency Evacuation Plan which will provide guiding principles for any future development to keep provisions for evacuation in any emergency situation/event.

 

The proposal is limited to twelve (12) additional residential lots, located directly adjacent to residential development and capable of providing appropriate APZ, services and access/egress.

 

Given the scale and location of the site, allowing this planning proposal would not have any unacceptable impact on any Emergency Evacuation Plan for the village of The Oaks. The provided response by the consultant is considered adequate in this instance. Given the stage of this Planning Proposal it should be factored in to the Shire Wide Study that is being prepared by Council.

State Environmental Planning Policies (SEPPs)

The Gateway Determination issued by DPIE required the assessment of the planning proposal against following State Environmental Planning Policies.

 

·    State Environmental Planning Policy 44 – Koala Habitat Protection

The Ecological Constraint Assessment prepared with the proposal identified no koala habitat trees within the site. Therefore, the site does not constitute potential Koala habitat according to the State Environmental Planning Policy No.44 (SEPP 44).

·    State Environmental Planning Policy 55 – Remediation of Land

A Phase 2 Environmental Site Investigation Assessment has been prepared by Construction Science. The provided assessment is considered satisfactory and site is suitable, from a contamination perspective, for proposed future subdivision.

·    Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

Only a small upstream catchment flows through the site within an existing open channel. The provided Stormwater Management Study concludes that the peak runoff can be reduced to pre-development levels. The study shows that the proposed site is suitable for development as measures can be implemented onsite to reduce the impact of storm water quantities and quality.

·    State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

This SEPP required every development to have a neutral or beneficial impact on the water quality. The provided Stormwater and Flooding Assessment takes an approach to regrade the site completely away from the Sydney Drinking Water Catchment. Water NSW has considered such assurance appropriate at the planning proposal stage.

 

Wollondilly Community Strategy Plan 2033 (CSP 2033)

The Create Wollondilly Community Strategic Plan 2033 (CSP) is Council’s highest level long term plan. It identifies and expresses the aspirations held by the Community of Wollondilly and sets strategies for achieving those aspirations.

An assessment of the proposal on the suitability against the CSP in terms of Council’s position on growth is provided in the table below.

 

Council’s Position on Growth

Outcome/Strategy; What do we want?

Assessment

Strategy GR1 – Growth

·        Manage growth to ensure it is consistent with Council’s Position on Growth and achieves positive social, economic, and environmental outcome for Wollondilly’s towns and villages.

The LSPS provides a clear strategic vision for future growth of Wollondilly Shire for the next 20 years and provides a sound framework in which current and future planning proposals should be considered.

 

This planning proposal has been assessed against relevant planning priorities of LSPS above in this report. The proposal is consistent with the planning priorities of LSPS.

 

 

 

CONSULTATION

Community Consultation

In accordance with Council’s notification policy, initial community consultation was undertaken in March 2016.  The application was made available on Council’s website and The Oaks Newsagency. Letters were also sent to owners and occupiers of adjoining and potentially affected properties.

 

A total of 7 submissions were received from the general community. A table detailing the matters raised in these submissions is included in Attachment 2.

 

The following key matters were identified in those submissions which objected to the proposal:

 

·        Overdevelopment;

·        Lack of infrastructure;

·        Adverse impact on natural and built environment; and

·        Land contamination due to Council dumping waste on the site in previous years.

 

The proposal has been scaled down since then and now it will result approximately 12 residential lots. If supported by Council the planning proposal will be publicly exhibited for a period of 28 days. Council will then be informed with the received community feedback prior to sending through the planning proposal to Department of Planning, Industry and Environment (DPIE) for finalisation.

 

Consultation with Public Agencies

The Gateway Determination issued by DPIE on 8 December 2016 required the consultation with  a number of public agencies. The matters raised by these agencies are provided below.

 

Public Agency

Comments

Office of Environment and Heritage (OEH)

Biodiversity

 

OEH recommended the preparation of a Flora & Fauna Assessment to determine the suitability of the site for further development. An Ecological Constraint Assessment has been prepared by Ecoplanning and is considered satisfactory for the planning proposal stage.

 

Aboriginal and Cultural Heritage

 

The planning proposal seeks to expand the existing urban boundary of The Oaks onto undeveloped open pasture land.

 

A Due Diligence Assessment has been prepared by Niche Environment and Heritage and considered acceptable for the proposal.

Rural Fire Services

 

RFS supported the preparation of a Bush Fire Assessment Specialist Study to consider the proposed land use zone in relationship to Planning for Bush Fire Protection 2006.

 

A Bushfire Hazard Assessment has been provided by the proponent which is considered satisfactory.

 

Sydney Water

 

Multiple responses have been received from Sydney Water on this planning proposal and these are listed below in chronological order:

·    Sydney Water confirmed through letter dated 28 February 2017 that there is sufficient capacity in drinking water and waste water system to service the proposal.

·    It reaffirmed its position on sewerage capacity and confirmed through email on 18 March 2019 that The Oaks North Planning Proposal is fine to proceed and there is capacity to service the proposed 12 lots.

 

·    Further advice was received from Sydney Water on 17 February 2020 confirming that the previously provided advice on 28 February 2017 still stands for this Planning Proposal given no changes are made to the planning proposal.

 

·    On 13 March 2020, Sydney Water advised that is no remaining capacity within The Oaks if the development at Burragorang Road Oakdale has eventuated and that the limited capacity is due to the network constraints and not the treatment capacity at West Camden

 

Based on the latest advice, Council officers are pursing this matter whilst the proposal progresses.

 

Water NSW

 

The site is located within Sydney Drinking Water Catchment and, therefore, the proposal is required to have a neutral or beneficial effect on water quality.

 

The Stormwater and Flooding Assessment provided in support of the Planning Proposal takes an approach to regrade the site completely away from the Sydney Drinking Water Catchment. Water NSW has considered such assurance appropriate at planning proposal stage.

Endeavour Energy

Endeavour Energy did not object to the planning proposal.

 

 

Required Studies

 

 A number of studies were identified in the Gateway determination letter by DPIE and also by Council staff. A summary of all required studies and Council’s comment is provided below.

 

Study

Assessment Comment

Stage 2 Contamination Study

A Phase 2 Environmental Site Investigation Assessment has been prepared by Construction Science. The provided study is considered satisfactory and confirmed that the site is suitable from a contamination perspective, for proposed subdivision. An extract of the provided study is provided below:

 

·    The potential for widespread and unacceptable contamination is considered to be ‘low’.

·    Potential contamination was detected below HILS and EILS threshold in accordance with the Nation Environmental Protection Measure 1999 guideline.

·    Based on the results of the founding, it is assessed that no further contamination assessment is required for the proposed residential subdivision.

Traffic and Road Safety Audit

A Traffic and Parking Assessment has been prepared by Transport and Traffic Planning Associates and concludes that the existing road network is capable of supporting additional traffic movements associated with the approximately 12 additional dwellings on the site.

 

The provided Traffic and Parking Assessment classifies the proposed road (cul-de-sec) as urban road with 14m wide reserve and 7m wide carriageway. However, Council’s Infrastructure Planning Team advised that the proposed road should be classified as a rural road and should therefore comprise a 20m wide reserve and 8m wide sealed surface as mentioned in Council Design Specifications (Subdivision and engineering standards).

 

The provided Traffic and Parking Assessment is considered satisfactory except for the classification of the future road to service new lots. The proponent will be requested to amend the layout plan to reflect 20m reserve width with 8m sealed surface prior to public exhibition of the Planning Proposal.

Geotechnical Assessment

A Geotechnical Assessment has been prepared by Construction Science and confirmed that the site is suitable for residential purposes. The study provides the following comments:

 

·    The risk of slope instability for this site is assessed to be ‘low’. Hence, the site is suitable for the proposed residential subdivision.

·    No building should be constructed near 10m from the edge of the eastern end of the site, where a steep east facing slope about 60 is observed.

·    The site is classified as P (Problem) due to the encountered fill depth is more than 0.4m and the fill is assessed to be ‘uncontrolled’.

·    Further lot classification should be carried out once the subdivision plan has been approved by the council.

Salinity Assessment

A Salinity Assessment has been prepared Construction Science and an extract of this assessment is provided below:

 

·    The material to be excavated is non-aggressive to concrete and steel structures in accordance with AS2159 – 2009.

·    Based on the laboratory test results and calculation, it is assessed that the site is suitable for the proposed rezoning in terms of salinity risk.

Stormwater and Flooding Assessment

The Stormwater Management Study has been prepared by SitePlus.

The proposal is capable of reducing the peak runoff to pre-development levels by providing an onsite detention basin (OSD). The provided study proposes to reconfigure the existing dam on land at 80 Silverdale Road, The Oaks into an OSD basin with a total detention volume of 2,500m3. The OSD basin will be situated on the residue lot which will remain RU2 and must be maintained to continuously service the future residential lots resulting from this planning proposal.

 

The proponent has proposed to retain the private ownership of the OSD and agreed to accept a restriction on the title to maintain the swales as per an approved maintenance schedule.

 

The site also partly falls within the Sydney Drinking Water Catchment and the Stormwater Management Study provides an assurance to completely regrade the site away from the Sydney drinking water catchment.

 

This matter was referred to Water NSW for further advice. Water NSW confirmed through an email dated 30 July 2019 that assurance to regrade the site away from Sydney Drinking Water Catchment is considered sufficient at planning proposal stage noting that the Neutral or Beneficial Effect (NorBE) for water quality requirement will apply at DA stage.

Bushfire Assessment Report

A bushfire study has been prepare by Harris Environmental Consulting and demonstrated that the site is capable of achieving acceptable asset protection zones (APZ) and building envelopes.

 

Noise and Vibration Study

Based on measurements conducted by Wilkinson Murray, vibration impacts associated with traffic on Silverdale Road are considered unlikely and does not require any further investigation.

 

In terms of noise, dwellings within 50m of Silverdale Road will require upgraded finishes up to Category 2. This matter can be further resolved at development application stage. The site is considered appropriate with respect to noise and vibration from vehicles travelling along Silverdale Road.

Neutral or Beneficial Effect (NorBE) on Water Quality Assessment 

The site partly falls within the drinking water catchment. In accordance with Clause 10 of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 any proposal must have a neutral or beneficial effect on water quality.

 

As stated above the provided Stormwater Management Study assures to regrade the site away from Sydney drinking water catchment and it is considered sufficient at planning proposal stage.

Additional Studies

Visual Impact Assessment

The visual impacts were assessed from the following viewpoints:

 

• Silverdale Road (West of project site)

• Burragorang Road (east of project site)

• Browns Road (south of project site)

 

The provided Visual Impact Assessment advocates for two storey dwellings across the site with a maximum height limit of 9m.

 

Council Planner’s Assessment

 

·    Views from Burragorang Road and Browns Road are distant views and are of minor importance.

·    Views from Silverdale Road are considered of major importance as being the gateway access to town.

 

Any development along Silverdale Road will be highly visible from the Silverdale Road which requires the implementation of a lesser maximum building height to the future lots along Silverdale Road. A maximum building height of 6.8m is considered appropriate for the land closest to Silverdale Road.

Agricultural Impact Study

Council resolved at its Ordinary Meeting on 18 September 2017 to assess the impact of the development on adjoining agricultural uses. The main risk identified was in relation to domestic pets associated with the new lots on the site venturing onto nearby agricultural properties. This is considered to potentially have the largest impact if domestic pets such as dogs interfere with livestock including sheep, cattle and horses.

 

An agricultural study has been provided by the proponent and is considered satisfactory for planning proposal purposes.

 

There are five agricultural businesses located within 1.0 km from the site. The closest agricultural use is Camden Valley Sheep Stud which is located 100m west of the site. The site is located across Silverdale Road and does not directly adjoin the sheep stud. As such, the possibility of any domestic pet trespassing the sheep stud is considered unlikely and the overall risk is not assessed as a major risk.

 

Any impact on the sheep stud by domestic pets (especially dogs) can further be minimised by requiring dog proof fences at development application stage and maintaining a pet register.

 

The remaining agricultural uses are located a minimum 500m from the site. Given the distance, any potential impact on these agricultural uses is anticipated to be minimal based on the modest increase in residential dwellings proposed, the nature of surrounding land uses and the physical boundaries.

Heritage

A Due Diligence Assessment has been prepared by Niche Environment and Heritage. An extract of the provided Due Diligence Assessment is as follows:

 

·    No heritage items have been identified within the Subject Area.

·    The proposed development would also not impact on the views and vistas from nearby listed heritage items as there are no direct view to them from the Subject Area, with views mainly being obscured by previous domestic developments.

·    It is unlikely that Aboriginal objects have survived within the Subject Area due to the high level of disturbance and modification to the ground surface.

·    The land modification practices, particularly those associated with the construction of a quarry within the Subject Area have disrupted the ground surface to such an extent that the possibility of archaeological deposits is low.

As such, the provided due diligence has been considered satisfactory for planning proposal stage.

Ecology

Office of Environment and Heritage (OEH) recommended that a flora and fauna assessment should be undertaken to assess any possible impact on the ecological value of the site. An Ecological Constraint Assessment has been prepared by Ecoplanning and an extract of this study is provided below:

 

·    Desktop analysis and field survey found that the subject site mostly consists of land of no ecological value

·    There are no watercourses or areas of waterfront land within the subject site.

·    Threatened flora and fauna were not recorded in the subject site.

·    In conclusion, the subject site is predominately cleared and does not contain substantial fauna habitat components, such as HBTs, coarse woody debris or over-mature canopy species. It is predominantly cleared land with no ecological constraint.

 

Council’s Key Findings and Issues

Several studies were required by Council staff to assess the possible environmental and social impacts of the planning proposal. All required studies have been provided and comments to such studies have been provided above in this report.

 

CONCLUSION

The Planning Proposal is predominantly consistent with relevant policies and plans. Therefore it is recommended that Council support the planning proposal in the form as described above in this report for the following reasons:

 

·    The Planning Proposal is consistent with the provisions of the Western District Plan 2018 and proposed growth is considered as local growth;

·    The Planning Proposal is consistent with the Priority 3, 5 and 18 of Council’s Local Strategic Planning Statement;

·    The Planning Proposal is consistent with Council’s Community Strategic Plan (CSP);

·    The Planning Proposal is consistent with Council’s Growth Management Strategy (GMS); and

·    The Planning Proposal is consistent with the relevant Ministerial Directions and SEPPs.

 

Options for Moving Forward

The Planning Proposal has been prepared in accordance with Section 3.33 of the Environmental Planning & Assessment Act 1979 and the guidelines published by the Department of Planning, Industry & Environment.

 

Council’s options are:

1.   Resolve to support the Planning Proposal in the form as described in the Description of Proposal section of this report. This will not require an Altered Gateway Determination prior to commencing the public exhibition.

2.   Resolve to support the Planning Proposal in another form. In the event of this option being chosen, an Altered Gateway Determination may be required which reflects the amendments requested and further work or studies may be needed to support that approach

3.   Resolve to not support the planning proposal any longer and request DPIE to stop the proposal.

 

Option 1 is the recommendation of this report.

 

Financial implications

Funding for this project to date has been partially offset through the adopted planning proposal fees and charges.  Any additional work can be absorbed into existing budget and resourcing.

Attachments

1.       Assessment against Growth Management Strategy (GMS) 2011  

2.       Summary of submissions  

3.       Gateway Determination - 8 December 2016  

4.       Altered Gateway Determination - 20 July 2017    


Ordinary Council Meeting Agenda

18 August 2020

 

11.2       Pre-Gateway Planning Proposal - 350 Barkers Lodge Road, Picton

File Number:           12275#51

 

 

Applicant:                              Precise Planning

Proposal:                              Draft Planning Proposal Barkers Lodge Road (Tourist Facilities and Residential)

Current Zoning:                   Part RU2 Rural Landscape Zone and Part RU1 Primary Production

Address:                               350 Barkers Lodge Road, Picton

Lot & DP:                              Lot 1 DP 1006937

 

Executive Summary

The purpose of this report is to seek Council resolution to formally determine that a planning proposal known as Barkers Lodge Road, Picton should progress in an altered form, given the proponent has agreed to remove the rural residential component of the Proposal and following advice from the Wollondilly Local Planning Panel’s (the Panel) in relation to the tourism component.

The report recommends the proposal only proceed with the amendments as outlined in this report, including consideration of the further advice provided by the Panel.

The draft proposal submitted by the applicant seeks to rezone the northern part of the site for a mix of tourism and rural residential development.  This included rezoning 8.166 ha on the western side for tourism and 18.67 ha on the eastern side for large lot residential which would allow around 20-30 dwellings on 4,000 sqm lots. The balance of the site would retain an RU2 Rural Landscape zoning, and the southern portion would remain entirely as RU1 Primary Production.

The draft proposal was considered by Council at its Ordinary Meeting on 18 October 2018, where it was deferred pending consultation with the Greater Sydney Commission and consideration of matters as discussed in this report.

It is considered that the proposed rural residential component of the Proposal does not have strategic merit and is inconsistent with Council’s recently adopted Local Strategic Planning Statement and with the provisions of the Western City District Plan relating to the Metropolitan Rural Area.

However, it is considered that the tourism component does have strategic merit and could be considered as a potential additional permitted land use for part of the site.

The proponent has now agreed to delete the rural residential subdivision component. 

As this proposal still needs to be considered by Council, this report still considers the proposed rural residential development.

The Wollondilly Local Planning Panel considered the planning proposal at its meeting on 25 June 2020 and has provided advice as discussed in this Report.


 

Recommendation

That Council:

1.       Notes the Local Planning Panel’s advice regarding the Barkers Lodge Road Planning Proposal.

2.       Notes that the applicant has agreed to remove the rural residential component of the draft planning proposal subject to a number of points as outlined in this report.

3.       Amends the proposal to remove the rural residential component of the draft planning proposal.

4.       Resolves to support the Draft Planning Proposal for 350 Barkers Lodge Road, Picton, with the following proposed amendments to Wollondilly Local Environmental Plan 2011:

o   a.       Amend Schedule 1 – Additional Permitted Uses and the Additional Permitted Uses Map to permit the following additional land uses; hotel or motel accommodation, restaurants or cafes and function centres within a designated area on the northern portion of the site, the boundaries of which are to be confirmed following the preparation of necessary studies.

o   b.      Amend the Height of Buildings Map to a maximum building height of 9 metres for the tourism portion of the site.

o   c.       Amend the Land Zoning Map to rezone the southern portion of the site on the southern side of Barkers Lodge Road from RU1 Primary Production zone to E2 Environmental Conservation zone.

5.       Supports the additional recommendations of the Wollondilly Shire Local Planning Panel as follows:

a.       Council pursue the potential for a new land use definition that encapsulates a rural tourist facility.

b.       Council update its Development Control Plan to include provisions applying to rural tourist facilities to ensure that the scale of any future development is appropriate in its context.

c.       The Planning Proposal be supported by a concept plan identifying the general location, size, use and character of any development on the site.

6.       Forward the Draft Planning proposal to the Department of Planning, Industry & Environment           for a Gateway determination.

 

Background

This planning proposal was initially submitted to Council in October 2016. A report on the proposal was considered by Council at its Ordinary Meeting on 15 October 2018 (see Attachment 1 for that report and Attachment 2 for Council’s resolution to this report).  Council resolved to defer a decision on the planning proposal pending the resolution of a number of matters, including seeking advice from the Greater Sydney Commission in relation to the interpretation of the Western City District Plan with respect to the location of the proposal within the Metropolitan Rural Area (MRA).

In that initial Council report, it was recommended that Council support the preparation of a Planning Proposal as follows:

·        Amend Schedule 1 – Additional Permitted Uses to permit the following additional land uses on the site: hotel or motel accommodation, restaurants or cafes and function centres.

·        Amend the Height of Buildings Map to introduce a maximum building height of 9 metres, and

·        Amend the Land Zoning Map by rezoning the relevant area on the southern side of Barkers Lodge Road to E2 Environment Conservation.

·        That the rural residential component of the draft planning proposal is not supported either as R5 Large Lot Residential or E4 Environmental Living.

Comments from the applicant and also assessment comments in response to Council’s resolution are discussed in this report.

It should be noted that at the time the Agenda was finalised for that report, the Ministerial Direction on Local Planning Panels did not require Planning Proposals to be reported to the Local Planning Panel for advice prior to a decision being made on whether to proceed to a Gateway Determination request. On 27 September 2018 a new Local Planning Panel Direction was issued, which required all planning proposals to be referred to the LPP for advice before Council considers whether or not to forward it to the Minister or GSC under s3.34.

As such, advice was required from the Local Planning Panel before the matter could be further considered by Council.

Planning Proposal

Site Description

The subject site (refer to Figure 1) is located at 350 Barkers Lodge Road, Picton being Lot 1 DP 1006937 and comprises a total of 90.87 hectares within an irregularly shaped allotment in two portions severed by Barkers Lodge Road. The submitted rezoning proposal only proposed changes to the larger northern portion of the site which is zoned RU2 Rural Landscape (refer to Figure 2). This part of the site is largely cleared and has an area of approximately 75 hectares. It contains a dwelling and ancillary buildings, orchards, landscaped areas and 3 dams. Building platforms have been constructed by remodelling the land to provide large flattened areas.

It is noted that historically, this site was granted development approval in 2002 for a recreation centre comprising a carpark, gymnasium hall, restaurant, swimming pool and two tennis courts (D1152-02); with a further approval granted in 2005 for a restaurant and recreation centre (D55-05). Earthworks were undertaken to construct large building platforms for the recreation centre and the proponent indicated that these would be used for the proposed tourist facilities development.

The southern part of the allotment comprises an area of approximately 16 hectares and was not proposed to be rezoned as part of the proposal that was originally submitted to Council.  This portion of the site is zoned RU1 Primary Production. This area is heavily vegetated and the Ecological Due Diligence Assessment provided with the Proposal document indicates the vegetation is likely to comprise Cumberland Plain Woodland which is classified as a critically endangered ecological community. The draft planning proposal site is located approximately 2.7 kilometres by road from Picton Town Centre.

The applicant’s draft planning proposal

The draft proposal as originally submitted, proposed to only rezone part of the subject site and restricted to only the northern portion.  The Proposal included the rezoning of a portion of the western side of the north of the site for tourism (8.166 ha) and the eastern part of the north of the site for large lot residential (18.67 ha) for around 20-30 dwellings on 4,000 sqm lots. The balance of the northern portion would retain the RU2 Rural Landscape zoning, and the southern portion would remain entirely as RU1 Primary Production. The applicant advised that there was incentive for the vegetated RU1 portion of the site to be used for bio-banking, to allow development of areas of the site previously disturbed, whilst protecting or enhancing those areas with particular ecological sensitivity. The map of the draft planning proposal as originally submitted to Council is provided at Figure 3 on the following page.

Figure 1: Map showing Location of Planning Proposal – 350 Barkers Lodge Road, Picton

 

© Wollondilly Shire Council. © NSW Spatial Services

 

Figure 2: Current Land Zoning Map for 350 Barkers Lodge Road, Picton being Lot 1 DP 1006937 (part RU2 Rural Landscape Zone (northern portion) and part RU1 Primary Production (southern portion)

Figure 3: Map showing the planning proposal as notified to public (lodged)

 

The Proponent indicates that the proposal aims to facilitate the development of tourist facilities and rural-residential style development as detailed below:

1.       A tourism facility on the site comprising the following elements:

An exhibition pavilion

Guest accommodation

Guest friendly “working farms”

“Paddock to Plate” restaurants

Education facilities for cooking classes

A package wastewater treatment plant

2.       A rural residential development to provide the base load to the wastewater treatment plant and to mitigate the financial risks of developing the tourism facility.

 

Outcomes

In delivering the foregoing objective, it is intended that the following outcomes be realised:

1.       An integrated and coordinated tourism destination will be developed to provide visitors with an agricultural and fine dining experience.

2.       A hub will be provided for the marketing of Wollondilly’s produces as a distinct regional brand.

3.       Employment will be created both on the subject site and through value adding to existing agricultural enterprises in the area.

4.       A small rural residential development will be delivered to provide base load to the required sewage treatment plant and to mitigate the financial risks to the developer of building the tourism facility.

5.       The development will respect the natural and built environments and will be designed to mitigate the risk of natural hazards including bushfire and downstream flooding.

 

The draft proposal included further details of what types of tourist facilities were proposed, as well as development details relating to the staging of a development and the number of rooms etc. proposed.  This detail has not been considered in Council’s assessment of the planning proposal and would not be included in a final proposal prepared by Council for consideration at Gateway.

Planning concerns with the draft proposal (as considered by Council)

Concerns were raised with the proponent prior to the matter initially being considered by Council regarding the potential loss of agricultural land and whether the proposal is economically feasibility as it relies on the residential component to finance the tourism facilities. Concerns about servicing of the site were also raised. The proponent then suggested changes to the planning proposal outlined in Table 1 and provided more detail about the proposal as outlined in the letter (dated May 2018) at Attachment 4. The details in Table 1 generally reflect those comments provided in the report to Council.

 

Table 1 – Comparison of proposed changes to Draft Planning Proposal

Original Draft Planning Proposal

Changes proposed by Proponent

Staff Assessment Comments

Rezone part of the land from RU2 (Rural Landscape) to

·        part SP3 (Tourist) and

·        part R5 (Large Lot Residential)

and for the portion of land on the southern side of Barkers Lodge Road from RU1 (Primary Production) to

·        part RU2 (Rural Landscape) -

 

Remove the component to rezone the part of the site to SP3 Tourist and instead include specified uses as additional permitted uses in Schedule 1 of WLEP 2011.

The rezoning proposal is on the larger northern portion of the site that is largely cleared and has an area of approximately 75 hectares.  It contains a dwelling and ancillary buildings, orchards, landscaped areas and 3 dams.  Building platforms have been constructed by remodelling of the land to provide large flattened areas.

The southern part of the allotment comprises an area of approximately 16 hectares and is not proposed to be rezoned.  This area is heavily vegetated and the preliminary Flora and Fauna report indicates the vegetation is likely to comprise Cumberland Plain Woodland which is classified as a critically endangered ecological community. The draft planning proposal site is located approximately 2.7 kilometres by road from Picton Town Centre.

  The alterations to the planning proposal would result in the inclusion of the nominated additional tourist uses in Schedule 1 - Additional Permitted Uses in WLEP rather than rezoning to a tourism zone.

Rezone to part E4 Environmental Living and from RU1 (Primary Production to part RU2 (Rural Landscape) - for the part of the site on the south of Barkers Lodge Road.

 Seeking the proposed tourist uses as an Additional Permitted Use in WLEP 2011 would enable continued use of the site for agricultural purposes although these should be contained within a specified area as the proponent has indicated that only 3100 sqm are required to house the tourism facilities.

A feasibility assessment could more accurately determine the area required to enable provision of an area suitable for the tourism component.

The zoning of any part of the site for rural-residential purposes and allowing for the subdivision of land is not supported.

The portion of the site south of Barkers Lodge Road has high biodiversity value and an E2 Environmental Conservation Zone would be appropriate on this area of the site.

Add the SP3 (Tourist) zone to the Land Use Table in WLEP 2011

In lieu of applying an SP3 Tourist zone to the site it is now proposed to add the following Schedule 1 uses namely: function centre, hotel or motel accommodation, recreation facility (indoor), recreation facility (outdoor), restaurant or café, serviced apartments.

The applicant also requested that Council consider that the amendment to Schedule 1 include the strata subdivision of the facility to enable a common model whereby individual accommodation units may be sold to individual purchasers, but the facility management rights are retained by a specialist management company.

The uses that the proponent is proposing to add to Schedule 1 of the LEP now include additional uses beyond those referenced in the Planning Proposal. The uses added to Schedule 1 of the LEP should therefore be limited to hotel and motel accommodation, restaurants or cafes, and function centres.

Consideration could also be given to allowing camping grounds, caravan parks and eco-tourist facilities as permissible with consent in the RU2 zone. (reference to comments in this report with respect to the LEP Review Planning Proposal).

The sale of individual accommodation units is not supported and therefore inclusion of the Strata Subdivision in Schedule 1 of the LEP is also not supported on that basis. Under cl 4.1 of the LEP it may be permissible to subdivide individual units within certain tourist uses by Strata in any case.

Site-specific DCP controls would be required to ensure any future tourist facilities are suitable in scale and character for the area.

Reduce the minimum lot size from 40ha to 4000m2 for the portion of the site proposed to be rezoned to R5 Large Lot Residential zone), no minimum lot size for the portion of the site proposed to be zoned SP3 Tourist zone and 40Ha for the residual RU2 Rural Landscape zone – including the part of the site south of Barkers Lodge Road.

Reduce the minimum lot size from 40 ha to 1 ha for the portion of the site proposed to be zoned E4 Environmental Living zone (previously proposed to be zoned R5 Large Lot Residential) and retain the 40 ha minimum lot size for the residue land (including part of the site south of Barkers Lodge Road).

The proposed E4 Environmental Living zone and associated minimum lot size is not supported as it would result in fragmentation of rural land. 

There would be no need to change the minimum lot size for the site which is currently 40 ha in order to facilitate the proposed tourism uses.

Apply a maximum building height limit of 12m over the portion of the site to be zoned SP3 (Tourist) and 9m over the portion of the site to be zoned R5 (Large Lot Residential).

 

No changes were proposed by the proponent.  However building height limits do not apply in rural or environmental living zones but there are height limits in the WDCP for dwellings and sheds but not for commercial buildings. 

To limit impact on the rural character, it is considered that a 9m height limit would be appropriate across the site. A commercial height limit is not consistent with a rural residential character, particularly in a beautifully scenic area such as this site.

 

In summary, the report considered by Council in October 2018 therefore recommended that the proposal be supported by Council in an amended form which reflected the staff assessment comments discussed in Table 1 above:

Applicant Response to Council Resolution

As provided previously in this report, Council resolved (Resolution 44/2018) at is Ordinary Council Meeting held 15 October 2018 to defer a decision on the Planning Proposal and resolved that a further report be provided to Council which addresses a number of issues, including the requirement to consult with the Greater Sydney Commission (GSC). 

The applicant was advised of Council’s resolution and provided a detailed written response in November 2018 which is provided as Attachment 3 to this Report. The response also refers to previous information lodged by the applicant in May 2018 (prior to the report to Council in October 2018) which is also provided as Attachment 4 to this report for reference.

Table 2 below provides a summary of the applicant’s response to Council’s resolution of October 2018 and an assessment by Council officers of the applicant’s response.

Table 2 – Comments on Council Resolution (October 2018)

Council Resolution

Comments by Proponent

Staff Assessment Comments

1. The appropriate zoning and minimum lot size for the proposed non-tourism portions to best reflect the aims and objectives of the Metropolitan Rural Area rather than the financial feasibility;

 

In summary, considers that the changes made in the Proposal from that originally submitted were appropriate, namely:

• Remove the SP3 Tourist Zone and instead achieve permissibility for the proposed tourist facility by way of a Schedule 1 amendment to WLEP 2011;

• Alter the proposed R5 Large Lot Residential zone to an E4 Environmental Living zone or RU4 Primary Production Small Lot zone and increase the minimum lot size for this portion to 1ha.

Indicates that these changes reflect the aims and objectives of the Metropolitan Rural Area.

Further discussion is provided on:

·  the suitability of the proposed 1ha lot size as being a suitable RU4 zone minimum lot size area for encouraging small scale agricultural land uses and is not an “inappropriately dispersed urban activity” in a rural area (MRA Action 35).

·  Argues Planning Priority W17 prioritises “…maintaining and enhancing the distinctive character of each rural and bushland town and village…” which the RU4 zone will do.

·  The RU4 zone would be consistent with a “place-based approach” (Action 78) because of the inexorable connection with the tourism component. Would identify and exploit the rural theme across the whole development of the site.

 

As outlined in the original assessment and as provided by this report, on planning grounds, the proposed fragmentation of rural lands within the Metropolitan Rural Area is not supported.  Rezoning land for residential purposes within Wollondilly Shire should be focussed in the Growth areas, with local growth only supported for existing urban areas to support local population growth.

The proposed rezoning of the land for rural residential purposes (whether by rezoning to RU4 or E4) and reducing the minimum lot size for subdivision is not supported for the reasons outlined in this report.  

In response to the applicant’s comments, rezoning of part of the site to RU4 with reduced lot sizes on the basis that they could support agricultural production is not a justifiable reason to permit increased housing in rural areas. A reduced minimum lot size in a rural area increases the potential for rural land use conflict and will not maintain a separation of towns and villages within the Shire. “Place-based planning” in the context of the MRA actually refers to the character of towns and villages, not development of rural areas between the towns and villages which do not connect directly with the urban area and are located in a rural location.

It should be noted that there would be no need to change the minimum lot size for the site which is currently 40 ha in order to facilitate the proposed tourism uses.

2. The appropriate legal mechanism to define the footprint of the tourism facility (including the ancillary strata subdivided accommodation) and ensure the proposed non tourism component does not precede establishment of the tourism facilities for the current and/or future owners of the site;

 

A Schedule 1 amendment would apply to the whole site, whereas a DCP control that provides a maximum percentage of the land area of the site for buildings or a DCP sketch identifying the area allocated for tourist uses would be more appropriate.

The proponent’s preferred option to ensure sequencing of the development is to offer to enter into a planning agreement.

Alternatively, the proponent with council’s support, could submit a concept development application pursuant to s4.22 of the Act clearly showing the stages proposed and conditioning the development.

Refer to Attachment 3 to this Report for a sample Condition that could be applied and for more details on the staging of the proposed tourism component with the proposed rural residential component.

A defined land area can be identified through the LEP amendment process by the proposed inclusion of an Additional Permitted Use (APU) Map associated with Schedule 1 of the LEP. The Schedule can include and refer to a ‘portion’ or ‘part’ of an allotment, which can be reflected on the associated APU Map and could be clearly defined once all the necessary studies are undertaken as outlined in the report.  This would include the Economic Feasibility Analysis and Market appraisal for proposed tourist uses identified by this Report as being required as part of the Planning Proposal.

Refer to discussion under point 5 in this Table with respect to the strata subdivision of land.

In their response (refer to Attachment 5 and as discussed in this report) the GSC advised that: “…On the basis of the District Plan Actions…for the MRA (they are) not able to recommend a planning mechanism that would enable sequencing of tourism development with rural residential development….”

This is supported by the original assessment report prepared for Council’s consideration and is further reiterated in this report.  The Planning Proposal process results in an identified land use or uses which may be suitable for the site. The Development assessment process determines the details of the individual development of a site. 

In response to the comments on submitting a DA concept plan, it is considered that this approach would not be recommended favourably as an appropriate mechanism as it would pre-empt the assessment of a planning proposal. Refer to comments in this Table relating to the DA process. This option does not negate the consideration of the rural residential component as being inconsistent with zone objectives and a balanced assessment.

3. Specific advice from the Greater Sydney Commission over the appropriate zone and minimum lot size that could be respectful to the proposed tourism on the site and the Metropolitan Rural Area, and whether it would support a planning mechanism to sequence and deliver commensurate rural residential and tourism development;

 

This is a matter for Council.

Refer to previous comments above.

The GSC advised that DPIE had taken over the role of the Gateway determining authority and as such, it did not provide comments on appropriate zone and minimum lot size with respect to the proposed tourism uses on the site. The GSC also advised (as stated previously in this Table) that they could not provide an appropriate planning mechanism for sequencing of any land use development.

The GSC provides that the aim of the Western City District Plan is to maintain or enhance the Metropolitan Rural Area (MRA) and:

“…limiting urban development to the urban area. The District Plan does not support urban development, particularly further rural residential development, unless it can be demonstrated the development would maintain the values of the MRA.

The tourism component of the planning proposal for Barkers Lodge Road could be supported if it maintains and enhances the values of this particular area of the MRA….”

Council consequently sought advice from DPIE which advised that Council would need to undertake the assessment against the MRA and LSPS provisions and make the determination at the initial Proposal stage prior to any Gateway considerations.

4. Clarity about the operation of strata subdivision controls in the standard instrument and how they would relate to the proposed tourism component; and

 

See no impediment to strata and community title subdivision being included in the Schedule.

There is no intention for the individual units to be occupied on a long-term basis. The proponent would welcome a condition of consent restricting the length of the booking or some other mechanise Council sees fit to impose in order to allay concerns in this regard.

Since the original report was prepared for Council’s consideration, an amendment was made in 2019 to clause 4.1 of the LEP (subclause (4)) as the result of a separate court case. The amendments to the Standard Instrument have the effect that any strata subdivision may be undertaken without the need to consider the minimum lot size map in Council’s LEP. It may now be permissible to subdivide individual units within a tourist development proposal (such as within a Hotel or Motel development) as strata title, subject to the development approval process.

5. Analysis of visitor accommodation needs for a tourist facility of this size and explanation of the accommodation offering including any supporting development controls.

 

Refers to the endorsed Wollondilly Destination Management Plan. Notes one of the key findings that:

 “Potential exists to grow niche sectors such as agri-tourism, boutique accommodation and unique sporting events to offer a greater diversity of product and experiences”.

Also, “….Wollondilly cannot stand still and remain both competitive and sustainable. Enhancements are required to existing product, to encourage new product and for investment into supporting infrastructure to benefit both the local community and the growing visitor markets.”

Identifies a list of barriers to growing Wollondilly’s Visitor Economy some of which are:

•     Lack of evening activities;

•     A limited number of family-friendly experiences;

•     Lack of room capacity and higher quality accommodation stock;

•     Lack of new investment;

•     Lack of tourism-focused events calendar;

•     Significant day trip visitor market rather than overnight.

The applicant indicates that these barriers would be addressed, in part, by the tourist facility. The accommodation offering would be a rare new facility for the Wollondilly LGA and provide a boutique accommodation experience to encourage guests to stay overnight. The themed tourist facility would address other barriers listed, such as a lack of evening activities and family-friendly experiences.

Activation Area 1, contained in the WDMP ‘Vision’ in Part 1.6, is ‘To diversify Wollondilly’s product base and develop/enhance infrastructure to support the visitor economy’.

The proposed accommodation offering and the facility in general is a direct response to this activation area.

Accommodation gap assessment

As demonstrated below in the explanation of the offering, this tourism facility will contribute to addressing the accommodation gap and is therefore considered to meet a demonstrated need in the area.

Attractions and experiences gap assessment

By providing accommodation, restaurant and function centre facilities, the facility contributes to meeting the need for evening-based experiences for locals and encourage longer lengths of stay for tourists.

LEP restrictions

Section 4 of the WDMP addresses the barriers to growing visitor numbers in further detail as noted. However, it is helpful to note that the WDMP identifies that “Wollondilly’s planning instruments (and the interpretation of these) are considered by some stakeholders as being restrictive and inflexible.” This proposed LEP amendment is an opportunity to introduce more flexibility to overcome this barrier.

Activating the vision

Part 6 of the WDMP identifies strategies to activate the vision, including a Food Tourism Strategy and the need for a function/conference centre,

Refer to discussion under heading titled “Wollondilly Destination Management Plan” in this Report. Specific development controls cannot be provided as part of the planning proposal at this point.

Additional comments provided by Council’s Tourism & Business Investment Department include:

“…The Wollondilly Destination Management Plan…does highlight the need for the type of tourist facility that is being proposed however there is no specific ‘Analysis of visitor accommodation needs for a tourist facility of this size…This development will provide much needed infrastructure to support overnight visitation as well as infrastructure to support the events / conference / wedding / hospitality industry (see below)…. The Wollondilly Destination Management Plan ….suggests that we need the type of infrastructure that the developer is looking to establish at 350 Barkers Lodge Road.

…There is certainly a gap in the market for the type of housing that the developer wishes to have at the property and there is definitely a need for the events / conferencing facility in the Wollondilly…”

 

Recent Response from Applicant to Report Recommendations

A Councillor workshop was held in early May 2020 in relation to a number of planning proposals currently under consideration by Council. This planning proposal was discussed with respect to an upcoming report for consideration by the Local Planning Panel. Following that workshop Council’s planning officer contacted the applicant (Precise Planning) to advise of this upcoming report for the LPP meeting in June and to discuss the recommendations of the report.  This was also followed up formally in writing to both the proponent and landowner, offering an opportunity to respond.

In response, the applicant has been instructed by the landowner to advise Council, that whilst it was not the preferred option, they wish to “…alter the planning proposal to delete the reference to the rural residential subdivision component.”

In addition, the applicant made the following points in relation to the proposed Schedule 1 amendment for the tourist component, which it was advised, will be vital to the proposed development proceeding.  These are outlined below:

1.   The proposed schedule 1 amendment should apply to the whole site, not just a specific area. Confining it to a specific area of the site is premature and restrictive, as there is no final design for the facility. Also, the nature of this facility, being rural/agriculturally themed, is likely to require space for associated tourist activities significantly beyond the likely footprint of buildings and immediate surrounds.

2.   The proposed schedule 1 amendment should allow for food and drink premises, as it is likely the proponent will want a restaurant/cafe or similar, that allows customers from the general public and not just guests of the tourist accommodation. This has always been an important component of the proposal.

3.   The proposed schedule 1 amendment should allow for a function centre, which is likely to be a future feature of the site and a use associated with the tourist facility. This has always been an important component of the proposal.

4.   Council should ensure the facility can be strata subdivided. This has always been an important component of the proposal.

Response by Council officers:

It is recommended that the tourism component be restricted to a designated area on the northern portion of the site, the boundaries of which are to be confirmed following preparation of necessary studies.  This approach allows for appropriate consideration of all environmental, social and economic factors before determining where the development should be permitted. The significant vegetation contained on the southern portion of the site should be identified in the proposal as an Environmental Protection Zone.

It is recommended that the following land uses be included as permissible with development consent in Schedule 1 - Additional Permitted Uses:

·    Hotel or motel accommodation

·    restaurants or cafes

·    Function centres.

The inclusion of ‘food and drink premises’ is not supported.  This would allow take-away food and drink premises, pubs, and small bars, which are not considered appropriate for the site. 

The inclusion of Strata subdivision in Schedule 1 of the LEP is not supported. Under the amended clause 4.1 of the LEP, it may be permissible to subdivide individual units within certain tourist uses by Strata. Site-specific DCP controls would be required to ensure any future tourist facilities are suitable in scale and character for the area.

Consultation with Greater Sydney Commission & Department of Planning, Industry & Environment

Council wrote to the Greater Sydney Commission in February 2019 requesting its input in response to Council’s resolution.  Correspondence from the GSC was received in March 2019 (refer Attachment 5 to this Report) a copy of which was provided to the applicant.  The GSC advised that the then Department of Planning and Environment was now the responsible body for issuing a Gateway determination. However, the Commission also provided the following advice:

“…. draw your attention to Actions 78 and 79 in the Western City District Plan to maintain or enhance the Metropolitan Rural Area (MRA) and limiting urban development to the urban area. The District Plan does not support urban development, particularly further rural residential development, unless it can be demonstrated the development would maintain the values of the MRA.

The tourism component of the planning proposal for Barkers Lodge Road could be supported if it maintains and enhances the values of this particular area of the MRA.

On the basis of the District Plan Actions noted above for the MRA, (the GSC are) not able to recommend a planning mechanism that would enable sequencing of tourism development with rural residential development….”

DPIE was then requested to provide a formal written response to Council's resolution and the letter from the GSC. A written response to the broader policy issues for the consideration of proposals in the Metropolitan Rural Area (MRA) would enable Council staff to prepare a report for the Local Planning Panel and for Council's consideration.

In May 2019, the Department advised that they were preparing a written response to Council’s letter and may provide some additional interpretation of the District Plan which may be of assistance. However, they informally indicated that the provisions of Wollondilly’s Local Strategic Planning Statement (only in Draft form at that time) were to be relied upon for the direction for local growth although the Department did intend to provide some additional interpretation with respect to the provisions of the MRA. However, over the course of a number of months, no formal written advice was received, other than an email response from the Department in August 2019 advising that:

“The proposal raises broader policy issues concerning the MRA which requires further engagement with the GSC.”

Further conversations with the Department in late 2019 and early 2020 indicated that the release of any statement or direction on the broader policy position from the Department and the GSC on the Metropolitan Rural Area (and specifically for this site) was not likely in the short term and that Council should assess the proposal independently of this, particularly given the release and then subsequent endorsement of Wollondilly’s LSPS.  This advice was also provided to the applicant of this planning proposal.

No further formal written response has been received from the Department in relation to the proposal or with respect to clarification on the interpretation of the Western District Plan with respect to the MRA.  As the planning proposal has been on hold since Council’s resolution in October 2018 awaiting formal responses from the GSC and the Department, it is considered appropriate that advice be sought from the LPP on the strategic merits of the proposal and that Council move forward with considering the proposal on its merits.

 

Gateway Determination

This Draft Planning Proposal will be sent to the Department of Planning, Industry and Environment for a gateway determination if Council supports the proposal.

PLANNING CONTEXT

Western City District Plan 2018

The Western City District Plan outlines a number of directions, priorities and actions requiring an integrated approach to housing, land use and transport, delivery of lead-in infrastructure, and the protection and enhancement of bushland and biodiversity. The Wilton Growth Area and the Greater Macarthur Growth Area (and a small area in Bridgewater Estate), and are the only locations in Wollondilly identified as a ‘land release area’ or ‘urban area’. The remainder of the LGA is mapped as Metropolitan Rural Area (MRA) under the District Plan, which includes the subject site.

The District Plan sets a 5 year (2016-2021) housing supply target for Wollondilly Shire Council of 1550 dwellings. Dwelling completions since 2016, combined with existing capacity of rezoned land and the Wilton Growth Area are expected to satisfy this requirement. The growth that is anticipated as part of the residential portion of the Planning Proposal is therefore not required to achieve the district scale demand outlined in the District Plan.

Planning Priority W17 of the Western City District Plan states the following in regards to growth in the MRA:

Rural Residential Development is not an economic value of the districts rural areas and further rural residential development is generally not supported.

Limited growth of rural residential development could be considered where there are no adverse impacts on the amenity of the local area and the development provides incentives to maintain and enhance the environmental, social and economic values of the Metropolitan Rural Area.

The subject site is not located within an identified urban area and is not required to meet housing demands in the short or medium term. Additionally the proposal site is geographically isolated from the town centre of Picton and the further development of the site for residential purposes on the scale proposed would erode the buffers between the villages.

There is insufficient supporting information and technical studies to demonstrate that this planning proposal is consistent with the Western City District Plan priorities, in particular the principles of the Metropolitan Rural Area (MRA), and whether the proposal would satisfy the requirement of local growth.

The advice and direction from the Greater Sydney Commission in 2018 upon the introduction of the District Plan, regarding the application of the MRA for existing planning proposals was that:

•        Towns and villages in the MRA will not play a role in meeting regional or district scale demand for residential growth. This is a fundamental consideration for any planning proposal in the Metropolitan Rural Area.

•        Growth and infrastructure should be aligned. This is particularly relevant given the capacity of growth centres in Wollondilly and other nearby local government areas.

Actions 78 and 79 in the Western City District Plan aim to maintain or enhance the Metropolitan Rural Area (MRA) and limit urban development to the identified urban areas within the plan. The District Plan does not support urban development, particularly further rural residential development, unless it can be demonstrated the development would maintain the values of the MRA.  This is further reiterated by the GSC in its letter response to Council.

It is considered that the location and nature of the draft proposal in its current form, specifically the rural residential component, could not be considered limited growth and would also impact the character and amenity of the local area which is inconsistent with the requirements above.

While it is acknowledged there is limited rural residential nearby to this site, this is not a reason in itself to simply expand the rural residential area which would further diminish the larger land holdings in the area, and increase the demand on out of centre services.  This is not a good planning, community or fiscal outcome. 

The draft planning proposal, specifically the rural residential component is therefore considered inconsistent with the criteria contained within the District Plan as it provides for additional housing within the MRA. The justification for the residential component of the proposal has been made on the basis that it is required to ensure the financial viability of the proposed tourism uses, rather than responding to a need for local growth in the area or the enhancement of the social, economic or environmental values of the MRA. Therefore an increase in housing numbers outside the Growth Area has not been justified. 

Wollondilly 2040 (Local Strategic Planning Statement)

The Wollondilly Local Strategic Planning Statement 2040 (LSPS) is a 20 year land use vision for Wollondilly. The LSPS was endorsed by Council at an Extraordinary meeting held on 11 February 2020 and was assured by the Greater Sydney Commission on 23 March 2020, who confirmed the LSPS to be consistent with the Greater Sydney Region Plan and the Western City District Plan.  Accordingly, the CEO under delegation made the Local Strategic Planning Statement on Council’s behalf under Section 3.9 (3A) of the Environmental Planning & Assessment Act 1979.

The LSPS document will inform land use and development decisions over the next 20 years, and identifies Planning Priorities and Actions under four (4) themes which give effect to the Western City District Plan and to Council’s Community Strategic Plan 2033 “Create Wollondilly”, as well as aligning with the requirements of the Western Sydney City Deal.

An assessment against the Local Strategic Planning Statement is provided in Attachment 6 to this Report.  In summary, it is considered that the proposal is inconsistent with a number of Priorities contained within the LSPS.

The Council’s position on direction for growth is contained within the Wollondilly LSPS and sets a clear framework for forward planning in the LGA which aligns with the Metropolitan Rural Area principles contained within the Western City District Plan. It is considered that the proposed rural residential component of the proposal is inconsistent with a number of planning priorities contained within the Wollondilly LSPS and does not meet the criteria identified in the Western City District Plan in relation to development within the MRA.  Urban development, particularly rural residential development is not supported unless this criteria can be met.

However, with respect to tourism, the LSPS recommends a number of supportive statements and actions for encouraging opportunities for growth in tourism within Wollondilly Shire, including agri-tourism, eco-tourism, adventure tourism, bushwalking, cycling, day visitation, and tourism associated with events and festivals. This also supports Council’s Community Strategic Plan 2033 “Create Wollondilly” which considers that there are opportunities to strengthen and support tourism in Wollondilly, due to the Shire’s environmental and cultural assets, its agricultural landscapes, and its proximity to Sydney.  It is therefore considered that the tourism component of the proposal does have merit and can be supported under the provisions of the LSPS and the District Plan.

The following Planning Priorities contained within the LSPS require specific mention in relation to this Proposal:

Planning Priority 3 ‘Establishing a Framework for Sustainable Managed Growth’

The proposal in its current form includes proposed rural residential component.  The fragmentation of rural land does not align with the need for sustainable managed growth as the site is not located within the identified growth areas for Wollondilly.  The development of rural fringe areas does not support the principles of the LSPS and the MRA which aim to minimise local growth in order to protect the local character of our towns and villages.  The strategic planning for the Shire clearly sets a framework within which Council must guide future sustainable development and the rural residential component proposed as part of the proposal does not meet this framework.

Planning Priority 5 ‘Providing housing options that meet local needs and match the local character of towns and villages’

Planning Priority 5 (Liveability) of the LSPS also talks about the importance of keeping separation between the established towns and villages in the Shire in order to retain the values of the MRA lands. This planning priority also identifies that the Shire is on track to surpass the Western City District Plan target for 1,550 new dwellings during 2016 and 2021, and that we expect the supply of most new housing during the 5 years after 2021 will come from planning proposals currently in advanced stages, natural growth in the existing towns and villages and the Wilton Growth Centre. The LSPS therefore does not identify the need for the growth that would result from the rural residential component of the proposal and confirms that the fragmentation of the rural land is unnecessary.

Planning Priority 9 ‘Developing the Visitor experience and economy by increasing access to natural areas and rural landscapes’

This Planning Priority in the LSPS identifies that Wollondilly’s natural and rural areas can underpin visitor experience and economy with walking trails and tours, biking experience, wellness activities and function and conference centres. The tourism uses proposed as part of this Planning Proposal will enhance the visitor experience and capacity for people to access the natural areas and rural landscapes of the local area.

The tourism uses proposed has the potential to increase visitor numbers, encourage visitors to stay longer (including overnight) through the proposed Hotel and Motel Accommodation use, generate investment and improve the overall visitor economy which are all measures consistent with this Planning Priority in the LSPS.

Planning Priority 16 ‘Enhancing and protecting the diverse values of the Metropolitan Rural Area’

Within the LSPS, Planning Priority 16 (Sustainability) seeks to affirm the importance of the retention of rural lands that fall within the MRA and acknowledges that no rural land will be fragmented unless both the need can be reasonably justified (via the upcoming Rural Lands and Housing Strategies) and that this fragmentation will not damage the agricultural, scenic and environmental values of the landscape. The fragmentation of such a large area of rural land in the MRA would be contrary to the planning priority contained in the LSPS.

In summary, given the proposed rural residential component in the draft proposal is inconsistent with a number of Priorities contained within the LSPS and does not meet the MRA provisions contained within the District Plan, it is recommended that the rural residential component of the proposal not be supported.

Planning Priority 18 - living with climate impacts and contributing to the broader resilience of Greater Sydney

Should Council support any part of the planning proposal, the proponent will also be asked to address action 18.12 - Prepare 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.  The LSPS requires this study to be completed prior to Council ‘considering a planning proposal for local growth’. Given the Council has considered a report on this matter previously, some latitude is provided so that should the proposal proceed, this matter will need to be considered and addressed.

Community Strategic Plan 2033

The Community Strategic Plan (CSP 2033) notes that Council's priority for growth and housing delivery will be the development of a new town at Wilton and Council will not support the development of new towns or villages in other areas of the Shire.

The CSP also states that Council will not be supporting major urban development or the development of new towns or villages within its rural areas including those parts of Wollondilly that are in the ‘Greater Macarthur Land Release Investigation Area” (other than its commitment to the development of a major new town at Wilton). As such, the residential component of the proposal is considered inconsistent with the relevant priorities and objectives of the CSP.

The assessment of the proposal against the CSP was provided as an attachment to the original report to Council (refer to copy provided as Attachment 7 to this Report).

 

Wollondilly Destination Management Plan

The Wollondilly Destination Management Plan (WDMP) was adopted by Council in October 2018. While not an endorsed strategic planning document by DPIE, the aim of this five year plan is to help ensure the viability and resilience of the tourism industry in the Shire. The WDMP focusses on initiatives to increase overnight visitation to the Shire and to grow the average length of stay as these will deliver far higher economic benefits including local jobs and investment. The document also identifies the need for a destination holiday park with a focus on visitors.

The LEP Review Program Stage 1 Planning Proposal was prepared to include the following amendments which aim to support growth in the visitor economy:

•        Increase opportunities for events (Amendment No. 3);

•        Enable destination weddings, functions and business conferencing in rural locations (Amendment No. 8);

•        Enable eco-tourist facilities (which forms part of Amendment No. 14; ensuring that the Wollondilly LEP benefits from the most up-to-date model provisions and development terms within the Standard Instrument);

•        Enable more diverse tourist accommodation (Amendment No. 15).

In order to facilitate realisation of the Destination Management Plan and eliminate the need for a potential spot rezoning, the LEP Review Planning Proposal intended to make it easier for a potential operator to develop a destination holiday park in Wollondilly but without the risk of enabling unplanned medium density housing in the Metropolitan Rural Area. It proposed to do this by introducing a new definition for ‘Tourist Park’ to ensure the intended outcome for tourist and visitor accommodation is clear. This is the preferred approach. If it is not possible to introduce a new definition, then the proposal seeks to permit ‘Caravan parks’ with consent in some recreation and some rural zones (subject to further investigation).

It is noted that the report to the LPP in June 2020 advised that unfortunately these proposed amendments have been removed by the Gateway determination (for a number of reasons including timing), however Council will pursue these via a separate planning proposal once other relevant matters have been resolved.  It was also noted that at this stage, some of the Barkers Lodge Road proposed land uses are not being considered as part of the broader LEP amendment, therefore the subject planning proposal is likely to continue in the short term. Refer to further discussion in this report following Local Planning Panel advice.

Consistency with State Environmental Planning Policies (SEPPs) and Ministerial Directions

An assessment of SEPPs, deemed SEPPs or Ministerial Directions was not provided as part of the original report to Council.  A comprehensive assessment of the proposal against both the relevant 9.1 Directions and State Environmental Planning Policies (SEPPs) has now been undertaken without the outstanding technical studies (refer to discussion in this report with respect to Studies required), for the purposes of generating a planning proposal for Gateway consideration (refer to Attachment 8). Any inconsistencies with current SEPPs, deemed SEPPs and Ministerial Directions would need to be addressed in an amended planning proposal.

Of note are the following SEPPs and Ministerial Directions of specific relevance as there may be inconsistencies with the planning proposal, particularly in its current form as submitted.  The inconsistencies as outlined are generally of minor significance or can be justified or will be removed if the proposal proceeds with the amendments identified in this Report.

SEPP No 21 (Caravan Parks)

The proposal would not remove the need for development consent to still be required for development of the site and any proposal would need to address the SEPP requirements. The proposal is therefore not inconsistent with the SEPP.

 

 

SEPP (Primary Production and Rural Development) 2019

The planning proposal in its current form is inconsistent with the SEPP as it has the potential to increase land use conflict and sterilisation of rural land.  The proposed amendments as outlined in this report, however, will assist in the balancing of rural land uses, tourism development, as well as protecting the native vegetation, biodiversity and water resources.

Direction 1.2 Rural Zones

The rural residential and tourism components of the draft planning proposal are considered inconsistent with the Direction. This Direction states that rural zoned land must not be rezoned to a residential zone or a tourist zone and must ‘not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village)’.

Inconsistency with the Direction may only be considered where a strategy, regional or district plan or relevant studies have been provided which justify the proposal.  Based on the information in this report, it is considered that sufficient justification exists to justify the tourism component despite any inconsistency with this Direction, however, the residential component remains inconsistent as it is not supported by any strategy and lacks strategic planning merit.

It is also noted that although Council’s Economic Development Strategy (June 2015) does not require consideration under Ministerial Direction 1.2, it does identify an opportunity for ‘the development of more accommodation in the area with the ability to host conferences and events for groups from around the Metropolitan Sydney Region’. It is noted that Council has recently engaged consultants to prepare a new Economic Development Strategy which may provide greater direction on Council’s position on tourist accommodation in the Shire.

This report recommends that the residential component of the proposal be removed and that instead of rezoning part of the land for tourist purposes that an additional permitted use is established for the site. It is considered that such an approach would also make the proposal more consistent with Ministerial Direction 1.2.

Direction 1.5 Rural Lands

The overall intent of this Direction is to protect agricultural and rural lands from the impacts of fragmentation and rural land use conflict. This Ministerial Direction 1.5 Rural Lands was introduced in February 2019, which was after the original report to Council was considered.

A planning proposal must demonstrate that it will not adversely affect the operation and viability of existing and future rural land uses and related enterprises, including supporting infrastructure and facilities that are essential to rural industries or supply chains. Where the proposal is for rural residential purposes, it must be demonstrated that it is appropriately located taking account of the availability of human services, utility infrastructure, transport and proximity to existing centres and is necessary taking account of existing and future demand and supply of rural residential land.

It is considered that the rural residential component of the proposal is inconsistent with this Direction is not supported as outlined in this Report as it would contribute to the unnecessary fragmentation of rural lands in the MRA. The rezoning of rural and agricultural land and the impacts on rural land use conflict is considered one of the relevant studies required to be prepared as outlined in this Report and should be conditioned at Gateway.

Direction 3.1 Residential Zones

The original planning proposal includes a proposed R5 Large Lot Residential zoning, therefore this Direction applies. The proposal is considered to be inconsistent with the provisions of the Direction relating to the efficient use of existing infrastructure and services, as the site is located outside existing urban areas and would require its own infrastructure and services for the site. The proposal would also increase the consumption of land for housing and associated urban development on the urban fringe. However, the proposed changes to this amendment to remove the rezoning of land for rural residential purposes will ensure consistency with this Direction.

 

Direction 5.10 Implementation of Regional Plans

The Western City District Plan provides direction for proposals in the Shire and specifically identifies the subject land is located within the Metropolitan Rural Area (MRA). The proposal in its original lodged form containing a rural residential component is inconsistent with the provisions of the MRA and therefore inconsistent with the District Plan. The proposed tourism component can be considered as not being inconsistent with, and achieves the overall intent of the District Plan, although the proposal, if amended and proceeds to Gateway, will need to justify the consistency of its vision, land use strategy, goals, directions or actions. This is discussed in detail in this report.

Direction 6.3 Site Specific Provisions

The proposal will allow for particular tourism land uses to occur on the site as lodged and also as proposed to be amended as outlined in this report.  The applicant submitted details of specific tourism types which are noted in report, and will need to be removed when if the proposal proceeds. The proposal will then be consistent with the Direction. The location of the tourism land uses are proposed to be defined in the Planning Proposal (as amended and if it proceeds), however, there are no development standards or specific requirements proposed for inclusion in the LEP as part of the Proposal.

Direction 7.1 Implementation of A Plan for Growing Sydney

The planning proposal in its current form could be considered to be inconsistent with the Plan for Growing Sydney December 2014, given the proposal is currently inconsistent with the Western City District Plan and the directions for growth in the MRA and specifically Wollondilly LGA. The extent of the inconsistency should the proposal proceed as amended by this report will be minimal.

 

CONSULTATION

Community Consultation

Preliminary community consultation was undertaken from 3 May to 20 June 2017 in accordance with Council’s policies.  The Draft planning proposal document was made available on Council’s website and letters were sent to owners and occupiers of adjoining and potentially affected properties within a 2 km radius of the site.

A total of 5 submissions were received and of these submissions; 3 objected, 1 supported and 1 submission was neutral.  A summary of the main issues include:

•        Increased flooding risk - along Stonequarry Creek -potential impacts on Picton Town Centre

•        Traffic impacts - intersection of Barkers Lodge Road and Argyle Street

•        Poor infrastructure – lack of services

•        Density of development - incompatible with rural setting

•        Noise and light pollution – from proposed tourist uses

•        Does not meet Strategic Plans – CSP and GMS

•        Agree with potential viability of tourism component – concerns with residential component

•        Increase in non-rural uses – effect on rural character

•        Increase in social problems – examples given for nearby developments.

A detailed assessment of the issues raised in the submissions as well as comments from Council staff during the initial notification period are provided at Attachment 9. It should be noted that Council’s Tourism and Business Investment Department made comments on the proposal and have been fully supportive of the tourism component of the proposal since its lodgement.

 

 

Consultation with Public Agencies

Relevant public agencies were contacted as part of preliminary consultation for comment on the draft Planning Proposal.

Sydney Water Corporation was consulted by the proponent and advised that reticulated water is available to the site.  Sydney Water suggested at that time, that as the calculation for water demand is undetermined, a private service line could be run from the existing water supply through to a holding tank on the site, where it would supply the entire facility. The provision of reticulated water, electricity supply, and telecommunications would be funded by the proponent as part of the development cost, with no cost implications to Council or the State government.

Effluent disposal is not available to the site. If the proposal proceeds, a package treatment system would be required. The Planning Proposal as lodged indicated that the rural residential development would be required to provide the base load to the wastewater treatment plant and to mitigate the financial risks of developing the tourism facility. Details of a treatment package were not provided as part of the planning proposal documentation, however, the applicant advised in correspondence in May 2018 that the rural residential component would need a minimum lot size of 1ha in order to have sufficient area to accommodate onsite effluent disposal, but that the tourist facility would contain sufficient area for a stand-alone system. Detailed documentation on effluent disposal and a package treatment facility for the site would need to be provided by the applicant, should the proposal proceed.

Consultation would need to be undertaken with a range of government agencies if the Draft planning proposal progresses and a positive Gateway Determination is received.

Studies required

As a result of the submissions received during initial notification and based on an assessment of the proposal, the original report to Council in October 2018 advised that further studies would be required should the planning proposal progress.

Council’s Planning Proposal Policy, adopted in February, 2019 requires the submission of major studies to be provided upon initial lodgement of the Planning Proposal. The subject planning proposal was submitted to Council a number of years ago before the Planning Proposal Policy had been adopted and when first reported as part of the initial assessment, did not include a suite of background studies and supporting documents. It is noted that an Ecological Due Diligence Assessment was provided as part of the original Planning Proposal.

Given the recommended changes to the proposal outlined in this report, it is recommended that the following list of studies (and any additional the Department may consider of relevance), be conditioned as part of the Gateway determination if the proposal is supported (as amended in accordance with this report) and provided by the applicant:

·    Flora and Fauna Assessment

·    Aboriginal Archaeological Assessment

·    Geotechnical Assessment

·    Preliminary Flood and Stormwater Assessment

·    Bushfire Hazard Assessment

·    Noise Impact Assessment

·    Land-use Conflict

·    Preliminary Contamination Assessment

·    Traffic Impact Assessment

·    Economic Feasibility Analysis and Market appraisal for proposed tourist uses.

In addition, since the original assessment report was prepared for Council’s consideration, the Wollondilly Local Strategic Planning Statement (LSPS) has been endorsed and includes an additional provision that  Council develops an appropriate emergency management approach to hazards be developed before a proposal can be considered which is critical to this proposal.  A Hazards Study and an Emergency Evacuation Plan is therefore also required for the site, which must evaluate the threats and risk level from both natural and manmade hazards and establish appropriate management and evacuation processes and must also demonstrate that there will be no adverse impacts with the proposal proceeding prior to Council preparing the Hazards Study and Emergency Management Plan. Council officers must be satisfied that planning proposals under assessment have planned for potential hazards and emergency evacuation.

As part of the planning proposal, the infrastructure requirements will also need to be addressed in consultation with Council as part of detailed site planning such as a Concept Plan and/or Development Control Plan provisions.

To ensure that there is a net community benefit resulting from this planning proposal, Council would also welcome a genuine and generous offer from the developer to enter into a voluntary planning agreement.  Any offer should be above and beyond the increase in community and public infrastructure resulting from this proposal.

 

Local Planning Panel Advice

As required by the ministerial direction issued on 27 September 2018, the proposal was referred to the Wollondilly Local Planning Panel.

The draft planning proposal was reported to the Local Planning Panel at its meeting on 25 June 2020 and advised that the proposal should not proceed at this point in time, for a number of reasons as provided below, however, also issued advice should Council wish to support the tourism component of the proposal. 

The Panel reported as follows:

On Thursday 18 June 2020, the Panel inspected the subject site 350 Barkers Lodge Road, Picton. Having attended the site, read the reports and heard the submissions, the Panel is of the opinion that:

1.  The proposal is not consistent with Council’s land use vision as detailed in the Local Strategic Planning Statement.

2.  The proposal is not consistent with the District Plan.

3.  The proposal is premature until further studies planned as part of Council’s future LEP review to determine future growth requirements are completed.

4.  The site may have potential to accommodate tourism facilities.

5.  The best means for promoting and managing the introduction of new land use within the rural zones would be through a LGA wide strategic planning process.

6.  The LEP review is currently proposed to address this issue more broadly and therefore it is considered that this Planning Proposal should be considered in that LGA wide process.

 

ADVICE TO COUNCIL

The Panel:

1.  Is of the view that the planning proposal should not proceed at this point in time.

2.  Notes that staff conclude that the Planning Proposal could be supported with the following proposed amendments to Wollondilly Local Environmental Plan 2011:

a.       Amend Schedule 1 – Additional Permitted Uses and the Additional Permitted Uses Map to permit the following additional land uses; hotel or motel accommodation, restaurants or cafes and function centres within a designated area on the northern portion of the site, the boundaries of which are to be confirmed following the preparation of necessary studies.

b.       Amend the Height of Buildings Map to a maximum building height of 9 metres for the tourism portion of the site.

c.       Amend the Land Zoning Map to rezone the southern portion of the site on the southern side of Barkers Lodge Road from RU1 Primary Production zone to E2 Environmental Conservation zone.

d.       Amend the proposal to remove the rural residential component of the draft planning proposal.

3.  Notes that the applicant has agreed to remove the rural residential component of the draft planning proposal subject to a number of points as outlined in this report.

4.  Advises that if Council is of the view that the planning proposal could proceed to Gateway the Panel recommend that as part of this process:

a.       Council pursue the potential for a new land use definition that encapsulates a rural tourist facility.

b.       Council update its Development Control Plan to include provisions applying to rural tourist facilities to ensure that the scale of any future development is appropriate in its context.

c.       The Planning Proposal be supported by a concept plan identifying the general location, size, use and character of any development on the site.

Copies of the report to the Panel and the Panel’s advice are provided as Attachments 10 and 11.

 

LEP Review Program

A number of amendments were removed from the LEP Review Program Stage 1 Planning Proposal during Gateway, including extending the permissibility of ‘function centres’ to rural and some environmental protection zones. The preference is for a new term (rural function centre) and a local provision that supports the controls for appropriate scale and form and other planning matters that should be considered in a rural context.

It is noted that the report considered by the LPP in June 2020 advised that Council intends to pursue these matters shortly, subject to securing funding as a Stage 1A.  It was also noted that at this stage, some of the Barkers Lodge Road proposed land uses are not being considered as part of the broader LEP amendment, therefore the subject planning proposal would likely extend further for the subject site.

A comprehensive second stage amendment focussed on the visitor economy is currently being scoped for progression.

The potential LEP amendments would still need to proceed through the gateway process with support of the Department of Planning Industry and Environment, and there is some level of uncertainty with funding anticipated towards the later end of 2020.

The Panel recommendation is noted.  The timing around a Council initiated Planning Proposal which considers the visitor economy is uncertain and it is therefore considered that there is merit in proceeding with the landowner led proposal to investigate the tourism uses on the site. There is also no certainty that a Council initiated proposal would capture all of the uses proposed by the current proposal. 

The Panel’s advice that the proposal is not consistent with Council’s Strategic Land Use Vision as detailed in the Local Strategic Planning Statement is not agreed with. The LSPS does not impose any requirement for Council to undertake such strategic planning work or a Planning Proposal on Tourism or the visitor economy before it can consider a Planning Proposal for these types of uses. Unlike, new Planning Proposals for housing growth for example which the LSPS states must be informed by a Local Housing Strategy. The Planning Proposal is considered to be generally consistent with the LSPS and Destination Management Plan.

 

Financial Implications

There has been no detailed analysis of infrastructure or financial implications for Council. It is noted that a comprehensive assessment of the relevant financial implications to State or regional infrastructure has also not yet occurred.

Funding for this project to date has been partially offset through the adopted planning proposal fees and charges and has been covered within the Branch’s operational budget.

Should the proposal proceed, any studies required and Council’s assessment costs would need to be funded by the applicant and additional fees paid in accordance with Council’s current Fees and Charges schedule applicable at the time. 

CONCLUSION

Responses from both the Greater Sydney Commission and the Department of Planning Industry and Environment have been sought following Council’s previous resolution to defer consideration of the proposal until further information could be provided. 

The GSC has not provided any additional broad policy direction on the consideration of development proposals within the Metropolitan Rural Area.  The Department has advised that Council needs to determine the proposal in light of the Planning Context as outlined in this report, particularly the location of the proposal within the Metropolitan Rural Area and also the recently endorsed Wollondilly Local Strategic Planning Statement. 

The proposal for part of the site to be rezoned for rural residential development is not considered to have strategic merit for the following reasons:

1.       The rural-residential component is relatively isolated from Picton town centre and services and does not align with the Community Strategic Plan and LSPS concepts of liveability and sustainable growth.

2.       The proposal is premature given the upcoming studies proposed as part of the LEP Review, including a Rural Lands Study and Housing Strategy.

3.       Further residential growth outside the urban area of Picton is not considered appropriate in the proposed location.

4.       Further studies need to be completed for Picton to ensure an integrated land use, transport and infrastructure approach is provided to growth. This will assist in determining the appropriate scale, location and timing of housing, as well as ensure the necessary infrastructure is provided.

It is noted that following recent discussions with Council officers and prior to the Panel’s consideration of the Proposal, the applicant agreed to remove the rural residential component of the draft planning proposal subject to a number of points as outlined in this report.  It is considered that the points raised by the applicant have been adequately addressed in the recommendations of this report.

It is considered that the tourism component of the proposal holds strategic merit, whilst the part of the proposal for rural residential does not have strategic merit, and is inconsistent with Councils clear future land use vision.

Consideration of part of the site for tourism development is considered to have strategic merit for the following reasons:

1.   Supported by the Wollondilly Local Strategic Planning Statement, Community Strategic Plan and is not inconsistent with the Western City District Plan.

2.   The tourism component would have merit provided the rural character is maintained;

3.   The consideration of additional permitted tourism uses on part of the site will preserve the rural zoning of the land and preserve the underlying agricultural purpose of the site within the RU2 Rural Landscape zone and safeguard against incremental urban development.

Consideration of part of the site for environmental protection would protect the natural environmental features of the southern portion of the site.

This report further supports the findings and assessment, as well as the recommendations of the report deferred by Council in October 2018, and the advice from the Panel in June 2020, and recommends that the proposal be supported with the following proposed amendments:

·    Remove the proposed rural residential component of the proposal, as agreed to by the applicant and supported by the Local Planning Panel.

·    Remove the proposed rezoning of part of the site to Tourism and amend the Planning Proposal as follows:

Amend Schedule 1 – Additional Permitted Uses to permit certain additional land uses (hotel or motel accommodation, restaurants or cafes and function centres) within a designated area on the northern portion of the site, the boundaries of which are to be confirmed following the preparation of necessary studies.

Amend the Height of Buildings Map to a maximum building height of 9 metres.

Amend the Land Zoning Map to rezone the southern portion of the site on the southern side of Barkers Lodge Road to an E2 Environmental Conservation zone.

·    In addition, support the recommendations of the Wollondilly Shire Local Planning Panel as follows:

o   Council pursue the potential for a new land use definition that encapsulates a rural tourist facility.

o   Council update its Development Control Plan to include provisions applying to rural tourist facilities to ensure that the scale of any future development is appropriate in its context.

o   The Planning Proposal be supported by a concept plan identifying the general location, size, use and character of any development on the site.

 

Options for Moving Forward

Council’s options are:

1.       Resolve to support the draft Planning Proposal in the form as described in the ‘Planning Proposal’ section (The applicant’s draft planning proposal) of this report.

2.       Resolve to support the draft Planning Proposal as recommended by this report.

3.       Resolve to support the draft Planning Proposal in another form.

4.       Resolve not to support the draft Planning Proposal, noting the recommendation of the Planning Panel. With this option there is no further action to be taken on the draft Planning Proposal other than to inform the applicant, landowner/s and submitters that the draft Planning Proposal has not been supported.

 

Option 2 is the recommendation of this report.


 

Attachments

1.       Attachment 1 - Ordinary Council Meeting Agenda 15.11.18_Barkers Lodge Road, Picton  

2.       Attachment 2 - Original Report Minutes 15.11.18 Barkers Lodge Road, Picton  

3.       Attachment 3 - Response Letter from Precise Planning to Council 21.11.18  

4.       Attachment 4 - Response Letter from Precise Planning to Council 31.5.18  

5.       Attachment 5 - Response from GSC to Council resolution - Barkers Lodge Road Picton  

6.       Attachment 6 - Assessment against Wollondilly LSPS 2020  

7.       Attachment 7 - Original Report Attachment 15.11.18 Assessment against CSP  

8.       Attachment 8 - Assessment against SEPPs, Deemed SEPPS and s9.1 Directions - Barkers Lodge Road Picton  

9.       Attachment 9 - Original Report Attachment 15.11.18 Summary of Submissions and Comments  

10.     Attachment 10 - Minutes of Wollondilly Shire Local Planning Panel 25.6.2020  

11.     Attachment 11 - Agenda of Wollondilly Shire Local Planning Panel 25.6.2020    


Ordinary Council Meeting Agenda

18 August 2020

 

11.3       LEP Review Program Stage 1 Planning Proposal - Outcome of Public Exhibition and Finalisation

File Number:           12275#32

 

Applicant:                              Wollondilly Shire Council

Proposal:                              LEP Review Program Stage 1 Planning Proposal

Current Zoning:                   Amendments 1, 2, 4, 6 & 7 (Not applicable)/ Amendments 5 & 6 (Various)

Address:                               Various

Lot & DP:                              Various and/or Shire Wide

 

Executive Summary

This report presents the outcomes of the public exhibition for the LEP Review Program Stage 1 Planning Proposal and seeks Council support to finalise the proposal in an amended form.

The Council initiated Planning Proposal proposes a range of separate updates to the Wollondilly Local Environmental Plan 2011 which have been identified through the Accelerated LEP Review Program and to give effect to the Western City District Plan.

Council is required to prepare this planning proposal as part of the NSW Government’s Accelerated LEP Review Program to update local environmental plans to give effect to the Western City District Plan. As part of this agreement, the draft LEP is to be submitted to the Department of Planning, Industry and Environment (DPIE) for finalisation before 30 August 2020.

The proposed amendments aim to:

1.   Embed the consideration of health in the assessment of development;

2.   Recognise the role and function of the Metropolitan Rural Area within the LEP;

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

4.   Enable advertising signage on sports fields;

5.   Strengthen provisions relating to the subdivision of land within Original holdings;

6.   Ensure that relevant land is reserved for certain public purposes; and

7.   Clarify the application of the proposed amendments.

92 submissions were received in response to the public exhibition; including 82 community and stakeholder submissions, seven public agency submissions and two submissions from adjoining councils.

A number of minor refinements are proposed to the planning proposal in response to the submissions.

This report considers the exhibition feedback and recommends that Council support some minor amendments to the planning proposal in response to the submissions before submitting to DPIE for finalisation.

In the coming months it is intended that a further planning proposal will be brought forward for consideration to address matters that were removed from Council’s original LEP Review Program planning proposal.

 

 

Recommendation

That Council:

 

1.   Endorses the LEP Review Program Stage 1 Planning Proposal and the amendment of Wollondilly Local Environmental Plan 2011 subject to the following changes:

a.   Amendment 1 (Embedding health in land use planning) - Update the proposed new zone objective for the E1, E2 and E3 land use zones to refer to ‘suitable’ opportunities for people to engage with nature;

b.   Amendment 2 (Metropolitan Rural Area) - Include ‘protecting water catchments’ as a matter for consideration;

c.   Amendment 3 (Rezoning Sydney Water Land) as follows:

(i)   Remove mapping from Part 4 associated with 550 Wilton Road, Appin (Lots 1 to 3 in DP 808006 and Lots 3 & 4 in DP 1085929)

(ii)  Update property reference for included land at Douglas Park to Lot 1 in DP 1200484, Moreton Park Road, Douglas Park

d.   Amendment 4 (Sponsorship Advertising at sporting facilities) as follows:

i. Refine the proposed standard provision prohibiting signs advertising tobacco or alcohol related products to also refer to gambling;

ii. Remove development standards relating to mesh fencing, maximum advertising display area, rounded corners, and metal frame and include these in a guideline; and

iii.        Include new development standards to:

1.   Prevent illuminated advertising signs being exempt development;

2.   Require compliance with Council’s guidelines and specifications for sponsorship advertising at sporting facilities; and

3.   Enable balcony signage at Victoria Park, Picton, as exempt development but limited to a club identification sign.

2.   Notes that the wording of proposed amendments in the planning proposal is indicative only and that the final wording will be drafted by the NSW Parliamentary Counsel’s Office.

3.   Agrees that a Council guideline for Sponsorship Advertising at Sporting Facilities be prepared to support the planning proposal.

4.   Submits the planning proposal to the Department of Planning, Industry & Environment to finalise in accordance with Section 3.36 to the Environmental Planning and Assessment Act, 1979; and

5.   Notifies persons who made submissions regarding the Planning Proposal of Council’s decision.

 

 

Background

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

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

The LEP Review Program is being undertaken over six phases and including seven main project deliverables as follows:

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

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

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

4.   Completion of Local Housing Strategy and specialist reports;

5.   Submission of final Local Strategic Planning Statement (LSPS)(completed in February 2020);

6.   Submission of Planning Proposal to the Department for a Gateway determination (completed in December 2019); and

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

This report relates to project deliverable 7.

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

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

The purpose of the planning proposal, under the LEP Review Program is to identify the statutory mechanisms to achieve the spatial or policy-based recommendations outlined in Council’s Local Strategic Planning Statement. Council is currently progressing a number of specialist studies that, once finalised, will inform more comprehensive amendments to the local environmental plan in future stages.

In the short term, the LEP Review Program tight timeframes have directed the scope and content of this initial planning proposal and has meant that only limited amendments can be considered at this time.

Description of Proposal

The LEP Review Program Stage 1 Planning Proposal has been initiated by Council and proposes a range of amendments to the Wollondilly Local Environmental Plan 2011. A copy of the planning proposal, as exhibited, is provided at Attachment 1.

The planning proposal was endorsed for progression by Council on 16 December 2019 included 17 different proposed amendments. 11 of these amendments have since been removed from the proposal;

·    Seven of these amendments were removed by the Gateway determination issued by the Department of Planning, Industry and Environment;

·    Following consultation with NSW RFS Council requested a further four amendments be removed from the planning proposal on the basis that a Strategic Bush Fire Study would be required for these amendments and could not be prepared within the Gateway timeframe. The need for flexibility has always been acknowledged which is reflected by the Council resolution on 16 December 2019 that components may be removed from the planning proposal if they could not be delivered in the timeframe available to finalise the planning proposal under the Accelerated LEP Review Program Funding Agreement.

One new amendment, a savings and transition provision, was also added to the Planning Proposal by the Gateway determination.

The Planning Proposal, in its current form, has the following objectives or intended outcomes:

·    Give effect to the Western City District Plan,

·    Enhance the health and wellbeing of communities

·    Better manage rural areas

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

Seven amendments are now sought and are summarised in the table below.

 

Intended outcome

Description of change

1

Embed the consideration of health in the assessment of development

Amending the WLEP 2011, Clause 1.2 Aims of Plan and Land Use Table “Objectives of zone” to embed health considerations in land use planning by encouraging development that supports the health and wellbeing of local residents, workers and visitors.

2

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

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

3

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

Amending the WLEP 2011 Land Zoning Map to rezone land (33 lots) containing operational infrastructure and owned by Sydney Water to SP2 2 Infrastructure

4

Enable advertising signage on sports fields

Amend WLEP 2011, Schedule 2 Exempt development to include new exempt development provisions for “Sponsorship advertising at sporting facilities” to be carried out as exempt development (i.e. without the need for development consent) so long as certain development standards are met.

5

Strengthen provisions relating to the subdivision of land within Original holdings

Amending WLEP 2011, Clause 4.1B Subdivision of certain land in Zone E4 Environmental Living to strengthen the intent of the clause for land identified as “Original holdings” by clarifying that the density standard applies to;

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

2.   land possessing two essential characteristics, namely;

a.   zoned E4 Environmental Living, and

b.   identified as ‘Original holdings’ on the Original Holdings Map.

6

Ensure that relevant land is reserved for certain public purposes

Amending the WLEP 2011 Land Reservation Acquisition Map to remove land which has now been acquired by the relevant acquisition authority.

7

Clarify the application of the proposed amendments

Including a new provision under Clause 1.8A ‘Savings provision relating to development applications’ to clarify that this amendment, once commenced, will not apply to development applications or appeal processes that have not been finally determined.

A more comprehensive summary of the proposed amendments, including what land they apply to is provided at Attachment 2.

Gateway Determination

A Gateway Determination was initially issued by the NSW Department of Planning, Industry and Environment on 6 April 2020 and determined that the amendments should proceed subject to a number of conditions. A copy of the Gateway determination is provided at Attachment 3.

The Gateway determination has been altered on two occasions to rectify errors (dated 15 April 2020) and in response to Council’s request to remove four matters (dated 14 May 2020).

The current Planning Proposal is consistent with the conditions set out in the determination. An assessment of how the conditions have been addressed is provided at Attachment 4.

PLANNING CONTEXT

Greater Sydney Region Plan (Region Plan) and Western City District Plan 2018 (District Plan)

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

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

The Stage 1 Planning Proposal represents an initial amendment to the local environmental plan as part of a broader project to review Wollondilly’s strategic planning framework. Further staged amendments are anticipated over the coming years.

Of particular relevance, the Stage 1 planning proposal includes three amendments that are intended to give effect to the Western City District Plan

In particular amendments 1 (Embedding health in land use planning), 2 (Metropolitan Rural Area) and 3 (Rezoning Sydney Water Land) are intended to give effect to the District Plan.

Section 9.1 Ministerial Directions

The Minister for Planning & Public Spaces has issued a number of Directions under the Environmental Planning and Assessment Act 1979 which apply to the assessment of planning proposals. An assessment of the proposal against direction relevant to this proposal is included in the planning proposal document provided at Attachment 1.

In particular it is noted that the Department of Planning, Industry and Environment has determined that the following inconsistencies are minor or justified and no further approval is required in relation to these Directions:

·    2.1  Environment Protection Zones

·    3.1  Residential Zones

·    4.3  Flood Prone Land

·    4.4  Planning for Bushfire Protection

·    6.1  Site Specific Provisions.

However, the Department has indicated that Council may still need to obtain the agreement of the Secretary to comply with the following Directions prior to the plan being made:

·    1.5  Rural Lands

The objective of this direction is to protect the agricultural production value of rural land and facilitate the orderly and economic use and development or rural lands for rural and related purposes.

 

The planning proposal is inconsistent with this direction as it will rezone some rural land to SP2 Infrastructure thereby removing the agricultural potential of the land. However, the inconsistency is considered to be justified as the land is owned by Sydney Water and the rezoning would reflect the existing use of the land.

 

·    5.2  Sydney Drinking Water Catchment

The Gateway determination required Council to consult with Water NSW to ensure consistency.

Water NSW has requested a more detailed discussion of the planning proposals consistency with Direction 5.2 Sydney Drinking Water Catchments within the body of the planning proposal document.

The planning proposal does not include any amendments that are intended to enable new development within the Sydney drinking water catchment. However, it is noted that as a number of the proposed amendments will apply broadly they will also apply to land in the water catchment. If the Department requires the planning proposal to be updated prior to submitting for finalisation, no objection is raised to including additional support within the planning proposal in response to this submission.

This proposal is considered to be broadly consistent with the relevant Ministerial Directions. Any inconsistencies are either minor or justified.

Wollondilly 2040 Local Strategic Planning Statement (LSPS)

Wollondilly 2040 is Council’s Local Strategic Planning Statement (LSPS) outlining a 20 year land use vision for Wollondilly. It will guide the implementation of the District Plan at a local level. It is also required to be consistent with the community strategic plan.

Wollondilly 2040 identifies a number of actions under each of its 18 planning priorities which have informed the scope of the proposed Stage 1 amendments to the local environmental plan.

State Environmental Planning Policies (SEPPs)

An assessment of the proposal against relevant State Environmental Planning Policies (SEPPs) is included within the Planning Proposal provided at Attachment 1 to this report. In summary, the proposal is considered to be consistent with all relevant SEPPs.

Create Wollondilly 2033; Wollondilly Community Strategy Plan 2033 (CSP 2033)

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

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

 

 

CONSULTATION

Community Consultation

The LEP Review Program Stage 1 Planning Proposal was publicly exhibited from 28 May 2020 until 30 June 2020.

The exhibition documents were published on Council’s engagement platform, Your Say Wollondilly, along with supporting information including summary documents and frequently asked questions.

The exhibition was undertaken in accordance with the Gateway determination, relevant legislation and the Wollondilly Community Participation Plan.

In particular stakeholder and community engagement was encouraged through:

·    Council’s website

·    Notification letters sent to affected properties (owner and occupant)

·    Notification letters sent to relevant public agencies

·    Notification letters sent to adjoining Councils

·    Notified on the NSW Government Planning Portal

·    Presentation and discussion to the Rural Industry Community Advisory Committee

·    Email notification to database of interested stakeholders

·    Email notification to sporting clubs and s355 Committees

·    “June updates” Your Say Wollondilly e-newsletter (which would have been received by anyone who made a submission to the local strategic planning statement).

The need to socially distance and protect communities during the ongoing COVD-19 situation meant that it was not possible for face-to-face engagement or to provide physical copies of the documents during the exhibition period. The closure of print editions of local papers meant it was not possible to include notifications.

It is also noted that for some of the exhibition period Council’s Administrative centre, Wollondilly Library and library mobile services were closed. However, Council staff remained available and facilitated over 200 enquiries.

The requirements for notices in local newspapers and to display physical copies of exhibition documents at Council’s offices have either been permanently or temporarily removed by the following legislation changes in response to the COVID-19 pandemic;

·    COVID-19 Legislation Amendment (Emergency Measures) Bill 2020, and

·    Environmental Planning and Assessment Amendment (Public Exhibition) Regulation 2020

The changes require the documents to be available on the NSW planning portal or Council’s website to ensure documents can be accessed online from the safety of home or office at any time.

In response to the public exhibition 92 submissions were received. Consisting of:

·    82 community and stakeholder submissions,

·    7 public agency submissions, and

·    3 submissions from adjoining councils.

The community and stakeholder submissions were received from a range of groups and included individuals, special interest groups, utility companies, industry associations and consultants representing landowner interests. A number of later submissions were also received and have been considered.

The majority of submissions raised matters that were unrelated to the seven proposed amendments on public exhibition. For example, 43 of the 82 community and stakeholder submissions raised unrelated matters, although some of these submissions also provided feedback on the proposed amendments. It is not possible to introduce brand new amendments to the planning proposal at this late stage.

This is likely due, in part, to the awareness of the LEP Review Program and the broader strategic planning work currently being progressed by Council and a desire to provide input to these processes. The nature of planning enquiries during the public exhibition indicated that there was also a misconception about the implications of the proposed amendments, specifically that land was being rezoned for housing growth.

A significant number of submissions (27) advocated for rezoning or subdivision of their land or land in specific areas for housing. The Stage 1 Planning Proposal does not include any amendments aimed to provide additional housing.

Given the broad range of amendments included within the planning proposal it is difficult to summarise the key issues raised, however, the majority of feedback related to the proposed amendment to recognise the role and function of the Metropolitan Rural Area.

The table below provides a high level summary of the feedback for each of the proposed amendments:

 

Intended outcome

No. of submissions

Summary of key issues

 

General feedback on planning proposal

18

·    Disappointment around matters removed from the planning proposal

·    Concern with the complexity of documents and not understanding the implications of the proposed amendments

·    Concern with the public exhibition (length of time and information provided)

·    General support for the planning proposal

1

Embed the consideration of health in the assessment of development

13

·    Clarity on what outcomes are covered by ‘health’

·    A desire for further detail on how the proposed health aim and objectives will be implemented

·    General support for the proposed amendment

2

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

35

·    Concern with the additional requirements to the development assessment process

·    A desire for further detail on how the proposed amendment will be applied

·    Concern that the proposed amendment will prevent growth

·    Questions over the viability of agriculture in Wollondilly into the future

·    Concern with individual matters for consideration identified by amendment

·    Requests for amendments to the proposed Metropolitan Rural Area boundary.

3

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

4

·    Concern about potential impact on catchment lands.

·    General support for the proposed amendment

4

Enable advertising signage on sports fields

6

·    Request increased size limit

·    Submissions propose additional standards

5

Strengthen provisions relating to the subdivision of land within Original holdings

8

·    General support for principle of subdivision allowed by clause

6

Ensure that relevant land is reserved for certain public purposes

4

·    General support for the proposed amendment

·    Uncertainty about what happens to affected land

7

Clarify the application of the proposed amendments

1

·    General support for the proposed amendment

 

A detailed assessment of the submissions and submissions matrix are provided at Attachments 5 and 6.

Further comment is provided on the feedback to the following amendments either due to the interest from the public exhibition or to explain proposed changes to the planning proposal in response to the exhibition.

·    Amendment 2 (Metropolitan Rural Area)

The concept of the Metropolitan Rural Area (MRA) originates from the regional planning for the Greater Sydney area. In particular, the current region plan, A Metropolis of Three Cities, identifies the MRA as a core spatial element on high level mapping throughout the document.

The MRA is that part of Greater Sydney which is generally outside the established and planned urban areas. For Wollondilly, it takes in the a significant portion of the Shire with the exception of the Growth Areas at Wilton and Greater Macarthur, protected natural areas and the Camden South. The objective of the MRA is to protect and enhance the wide range of environmental, social and economic values in rural areas across Greater Sydney. The ‘values’ to be enhance and protected will vary from Council to Council and within local government areas depending on the areas characteristics.

The principle of the MRA is supported by Wollondilly 2040 Local Strategic Planning Statement which touches on the range of MRA values in Wollondilly.

The MRA currently exists and guides strategic decisions on land use planning at a regional, district and local government area level. Amendment 2 seeks to extend this line of sight and implement the principles of the MRA to planning decisions at the site level. It proposes to do this by requiring consideration of any impacts of a proposed development (i.e. a development application) on the following matters or ‘values’:

 

-     Enhancing habitat and biodiversity,

-     Adequate buffers to protect productive agriculture,

-     Preventing incompatible uses in rural areas,

-     Preserving land for productive rural uses,

-     Protecting mineral and energy resources and extractive industries,

-     Maintaining and enhancing the distinctive character of each local rural towns and villages,

-     Preserving scenic land,

-     Protecting areas of cultural and heritage value, and

-     Adequately managing hazards.

The key role of the local environmental plan is to guide planning decisions at a site level (i.e. development applications). While it is used strategically to realise land use outcomes over time it has limited scope and is not a tool used to influence strategic planning decisions such as planning proposals. Consequently, the inclusion of provisions for the MRA within the local environmental plan does not prevent or direct future decisions on growth where there is a demonstrated need for change.

As demonstrated by the matters included in the proposed clause, the MRA is also not intended to exclusively identify and protect important agricultural land. A number of submissions questioned the viability or suitability of land within the MRA for agriculture.

Due to the broad range of matters included in the clause and the diverse areas included within the Metropolitan Rural Area combined with the wide possibilities of proposed development it is challenging to explain, in simple terms, how the proposed clause would apply. For example, a merit based assessment for a new house in an existing village compared with a business on a rural land holding. It is likely that the some of the matters for consideration will not be relevant depending on a site’s location and characteristics. The intent of this clause is to set the policy direction which could be supported by further guidance in the development control plan.

It provides a safeguard to ensure that development is consistent with the values of Wollondilly’s rural areas as set out in Wollondilly 2040 local strategic planning statement and the Region and District Plan. It will not change the land use zone or permissible land uses although it may be relevant in terms of the location, design or mitigating impacts of permissible developments.

·    Amendment 3 (Rezoning Sydney Water Land)

 

Amendment 3 seeks to rezone 24 lots to SP2 Infrastructure (Water Supply System) to reflect and protect the current land use. The amendment has been included at the request of Sydney Water and all of the properties are owned by Sydney Water and contain operational infrastructure. The property references included within the planning proposal are based on the information provided by Sydney Water.

 

In response to the public exhibition a correction is required to the property reference for land at Lot 1 in DP 1200484, Douglas Park. The site address for this property should be Moreton Park Road (i.e. no numbering) and not 20 Moreton Park Road. All other information within the planning proposal relating to the lot to be rezoned is correct, including the mapping.

 



·    Amendment 4 (Enable advertising signage on sports fields)

Amendment 4 seeks to introduce an exempt development provision to enable local sporting clubs to display sponsorship advertising signage on land zoned for public recreation without the need for development consent so long as they meet certain development standards.

Exempt development is minor very low impact development where the potential impacts can generally be managed through the use of criteria without the need for a formal approval process.

In response to the public exhibition a number of local sporting clubs provided feedback on the practicability of proposed development standards which are considered to justify some refinement to the proposed development standards.

These include;

-      Some of the existing development standards and additional development standards proposed by local clubs would benefit from some flexibility, for example, accommodating suitable attachment of signs to different fencing types and upgrades to fencing into the future. While the inclusion of an exempt development provision within the local environmental plan benefits sporting clubs, any amendment could only be achieved through a planning proposal. It is recommended that the key principles for advertising signage are retained within the local environmental plan. Those matters that may require a different approach for different sportsgrounds or where there may be multiple solutions (for example the material or mode of attachment) are proposed to be removed from the amendment and included within a guideline.

-      If a sponsorship advertising sign is not able to meet the development standards this does not necessarily mean the sign is prohibited. Rather, that the proposed sign is not considered to be minor and requires development consent.

-      The feedback has identified two new matters (gambling and illumination), which are considered to add value to the proposed amendment.

On balance, significant changes to the planning proposal are not considered to be required in response to the submissions.

Consultation with Public Agencies & Adjoining Councils

As part of the Gateway determination Council was required to consult with five nominated public authorities or organisations. In addition, Council invited three additional authorities and all adjoining Councils to provide feedback. A further three public authorities made submissions.

The following table provides a summary of the authorities consulted as part of the public exhibition. A detailed assessment of the submissions is provided at Attachment 7.

Public Authority/Organisation Consulted

* Consultation required by Gateway determination

Outcome

Centre for Health Equity Training Research and Evaluation

No submission received in response to the public exhibition.

Environment, Energy and Science (Department of Planning Industry & Environment)

EES made a submission and has requested a number of amendments to the planning proposal. The submission is addressed at Attachment 7.

An update to the proposed amendments is recommended in response to EES’s submission.

Department of Primary Industries

A submission was received and is addressed at Attachment 7.

Greater Sydney Commission*

No submission received in response to the public exhibition.

However, it is noted that the planning proposal is consistent with Wollondilly 2040 Local Strategic Planning Statement which came into effect on 27 March 2020. Council received a letter of support from the GSC to enable Wollondlilly 2040 to be made and published.

NSW RFS*

No submission received in response to the public exhibition.

However, NSW RFS was also consulted prior to the public exhibition in accordance with the Gateway determination and provided feedback which resulted in significant changes to eh planning proposal.

Office of Strategic Lands

No submission received in response to the public exhibition.

However, OSL was consulted prior to preparing the planning proposal as part of Council’s review of the Land Reservation Acquisition Map and provided input.

Water NSW*

Water NSW made a submission and has requested a number of amendments to the planning proposal. The submission is addressed at Attachment 7.

An update to the proposed amendments is recommended in response to Water NSW’s submission.

Roads and Maritime Services within Transport for NSW*

A submission was received and is addressed at Attachment 7.

School Infrastructure NSW

A submission was received and is addressed at Attachment 7.

South Western Sydney Local Health District

A submission was received and is addressed at Attachment 7.

Sydney Water*

A submission was received and is addressed at Attachment 7.

It is also noted that amendment 3 seeks to rezone a number of lots owned by Sydney Water and was included within the planning proposal at their request. Sydney Water was consulted prior to preparing the planning proposal to confirm the land to be included and rationale for rezoning.

Blue Mountains Council

A submission was received and is addressed at Attachment 7.

Camden Council

No submission received in response to the public exhibition.

Campbelltown Council

A submission was received and is addressed at Attachment 7.

Liverpool Council

No submission received in response to the public exhibition.

Oberon council

No submission received in response to the public exhibition.

Penrith Council

No submission received in response to the public exhibition.

Sutherland Shire Council

No submission received in response to the public exhibition.

Upper Lachlan Shire Council

No submission received in response to the public exhibition.

Wingecarribee Council

No submission received in response to the public exhibition.

Wollongong City Council

A submission was received and is addressed at Attachment 7.

 

The following feedback provided by public agencies is considered to justify minor amendments to the planning proposal as exhibited:

·    Amendment 1 (Embedding health in land use planning)

A number of submissions requested minor adjustments to the proposed new aim or proposed new zone objectives related to embedding health considerations in land use planning. The impact of these requests was generally considered to either introduce new different aims not related to the intended objective/outcomes of the planning proposal or would change the purpose/focus of the proposed aim.

There was one exception to this, which was Water NSW’s request to refer to ‘suitable’ access in relation to the proposed new zone objective for E1, E2 and E3 land use zones;

To support the health and wellbeing of the community by protecting biodiversity and providing suitable opportunities for people to engage with nature.

·    Amendment 2 (Metropolitan Rural Area)

Water NSW’s submission requested the inclusion of ‘protecting water catchments’ to the existing list of matters for consideration by the consent authority to consider any impacts of a proposed development in terms of protecting and enhancing the environmental, social and economic values of in rural areas.

Water catchments are not referred to by the Region or District Plan in terms of the Metropolitan Rural Area. However, Planning Priority 16 in Wollondilly 2040 recognises water catchments in terms of the diverse values of the Metropolitan Rural Area.

The suggested matter for consideration is considered to add value to the proposed amendment.

·    Amendment 3 (Rezoning Sydney Water Land)

One of the submissions identified an anomaly in the planning proposal between the list of Sydney Water sites to be rezoned in Part 2 Explanation of Provisions and proposed amendments to the Land Use Zone Map illustrated by the comparison map under Part 4 Mapping. Land at 550 Wilton Road, Appin is not listed at Part 2 but is identified on mapping at Part 4.

On 16 December 2019 Council resolved to remove all land associated with 550 Wilton Road, Appin from the planning proposal. The retention of the mapping within the planning proposal is an oversight and should be removed.

 

CONCLUSION

The LEP Review Program Stage 1 Planning Proposal seeks a range of different amendments to the Wollondilly Local Environmental Plan 2011 and has been prepared to fulfil the requirements of the NSW Government’s accelerated LEP Review Program Funding Agreement. As part of this agreement the submission of the draft LEP component of the LEP Review is to be submitted to the Department for finalisation by 30 August 2020.

The planning proposal includes seven amendments that seek to:

·    Give effect to the Western City District Plan

·    Enhance the health and wellbeing of communities

·    Better manage rural areas

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

Following the public exhibition a number of refinements are recommended to the planning proposal in response to submissions received from community and stakeholders and public agencies. The proposed refinements are considered to strengthen the amendments and do not change the overall intent.

The following table summarises the recommended refinements:

 

Intended Outcome

Refinements proposed to Planning Proposal as exhibited

In response to feedback from

1

Embed the consideration of health in the assessment of development

·    Update the proposed zone objective for the E1, E2 and E3 zones to refer to ‘suitable’ opportunities for people to engage with nature;

·    

·   To support the health and wellbeing of the community by protecting biodiversity and providing suitable opportunities for people to engage with nature.

Public agency submission

2

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

·    Include ‘Protecting water catchments’ as an additional matter for consideration.

Public agency submission

3

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

·    Remove mapping from Part 4 of the Planning Proposal associated with 550 Wilton Road, Appin (Lots 1 to 3 in DP 808006 and Lots 3 & 4 in DP1085929).

·    Update the property reference for land at Douglas Park to Lot 1 in DP 1200484, Moreton Park Road, Douglas Park.

Public agency submission/ Community & Stakeholder submission

4

Enable advertising signage on sports fields

·    Refine the proposed standard prohibiting signs advertising tobacco or alcohol related products to also refer to gambling.

·    Remove development standards relating to mesh fencing, maximum advertising display area, rounded corners, and metal frame and include these in a guideline.

·    Prepare a Council guideline for Sponsorship advertising at sporting facilities.

·    Include new development standards to;

-      prevent illuminated advertising signs as exempt development,

-      require compliance with Council’s guidelines and specifications for Sponsorship advertising at sporting facilities

-      to enable balcony signage at Victoria Park, Picton as exempt development but limited to a club identification sign

·    

Community & Stakeholder submissions

5

Strengthen provisions relating to the subdivision of land within Original holdings

None proposed. Progress as exhibited.

N/A

6

Ensure that relevant land is reserved for certain public purposes

None proposed. Progress as exhibited.

N/A

7

Clarify the application of the proposed amendments

None proposed. Progress as exhibited.

N/A

 

It is important to note that the wording used for amendments to the Wollondilly Local Environmental Plan used throughout the planning proposal and this Council report are indicative only. The final wording will be drafted by the NSW Parliamentary Counsel’s Office by specialist lawyers.

 

Options for Moving Forward

The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning & Assessment Act 1979 and the guidelines published by the Department of Planning, Industry & Environment.

A number of changes are proposed to the planning proposal in response to matters raised

Council’s options are:

1.   Resolve to support the planning proposal in the form described in the Description of Proposal section of this report (i.e. the version that was publicly exhibited).

2.   Resolve to support amending the planning proposal in an amended form as outlined in the Conclusion section of this report. This option seeks minor refinements to amendments 1, 2, 3 and 4 in response to submissions made.

3.   Resolve to support the planning proposal in another form. In the event of this option being chosen, an Altered Gateway determination may be required which reflects the amendments requested. With this option Council would not meet its commitments under the Accelerated LEP Review Program funding agreement and would forgo at least $250K of the available funding. Further consultation might also be required.

4.   Resolve not to support the planning proposal. With this option Council would not meet its commitments under the Accelerated LEP Review Program funding agreement and would forgo at least $250K of the available funding.

Option 2 is the recommendation of this report.

 

Financial Implications

Funding of up to $2.5 million was available for the LEP Review Program, including this Stage 1 planning proposal, through the Accelerated LEP Review Program subject to contractual conditions.

As part of this contract, the draft LEP component of the LEP Review is to be submitted to the Department for finalisation by 30 August 2020.  On meeting this milestone Council will receive $250K of the grant funding to utilise up until 31 December 2020 to fund important strategic planning work.

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

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

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

Attachments

1.       LEP Review Program Stage 1 Planning Proposal (as exhibited)  

2.       Summary of Proposed Amendments to Wollondilly Local Environmental Plan 2011  

3.       LEP Review Program Stage 1 Planning Proposal Gateway determination issued by Department of Planning, Industry & Environment  

4.       Table summarising consistency with Gateway determination conditions (under separate cover)  

5.       Table summarising feedback from Community & Stakeholder Submissions (under separate cover)  

6.       Submissions matrix; Community & Stakholder Submissions (under separate cover)  

7.       Table summarising feedback from Public Agency and Adjoining Council Submissions (under separate cover)    


Ordinary Council Meeting Agenda

18 August 2020

 

11.4       LEP Review Program - Draft Strategies

File Number:           12275#33

 

Executive Summary

The purpose of this report is to seek Council’s support to exhibit the following draft studies and accompanying strategies prepared as part of the Local Environmental Plan (LEP) Review Program:

·    Draft Local Housing Strategy;

·    Draft Rural Lands Strategy;

·    Draft Employment Lands Strategy;

·    Draft Commercial Centres Strategy;

·    Draft Urban Tree Canopy Plan and Landscape Strategy; and

·    Draft Scenic and Cultural Lands Strategy.

The strategies, once finalised, will provide an evidence base to inform future strategic planning for Wollondilly, including updates to the Local Strategic Planning Statement, Wollondilly 2040, and amendments to the LEP and Development Control Plans. In particular, the strategies will collectively inform future work to identify the local growth needs of the community and future land use opportunities.

The studies have been prepared by external consultants with technical expertise and demonstrated experience for the relevant study matter. The studies are used as a basis identifying gaps and opportunities, again with expert recommendations for the Community and for Council to consider in the draft Strategies.

Although the draft strategies have been prepared to be consistent with the recently made Wollondilly 2040 Local Strategic Planning Statement and resolutions of Council they do not yet represent Council policy. It is considered the strategies should be publicly exhibited as soon as possible in their current form so that the community can review the draft findings and recommendations in detail and provide feedback to Council, enabling it to make an informed decision post exhibition.

The draft strategies are still being finalised at the time of completing this report and will be distributed under separate cover prior to the Council meeting.

Recommendation

That Council:

1.       Agrees to publicly exhibit the following draft LEP Review strategies for an extended exhibition period of 40 days:

(i)      Draft Local Housing Strategy;

(ii)      Draft Rural Lands Strategy;

(iii)     Draft Employment Lands Strategy;

(iv)    Draft Commercial Centres Strategy;

(v)     Draft Urban Tree Canopy Plan and Landscape Strategy; and

(vi)    Draft Scenic and Cultural Lands Strategy.

2.       Exhibits the draft strategies for consultation purposes, noting that these do not represent Council policy, and that this be made clear in the exhibition material.

3.       Notes that a future report will be prepared for Council approval incorporating feedback from the exhibition process and any recommended changes to the draft strategies.

Report

Background (The Accelerated LEP Review Program)

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

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

The LEP Review Program is being undertaken in over six phases and includes seven main project deliverables as follows:

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

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

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

4.   Completion of Local Housing Strategy and specialist reports;

5.   Submission of final Local Strategic Planning Statement (LSPS) (completed in February 2020);

6.   Submission of Planning Proposal to the Department for a Gateway determination (completed in December 2019), and

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

This report relates to project deliverable 4.

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

As a priority Council, Wollondilly was offered, and has signed a funding agreement with the NSW Government to receive up to $2.5 million to fund this review in an accelerated timeframe.

The tight timeframes under the accelerated program have influenced the study preparation process, however, the availability of funding provides a significant opportunity to undertake strategic planning work that would otherwise not be possible due to limited resources.

The Minister for Planning & Public Spaces also recently granted Wollondilly and other Councils additional time to utilise unspent funds up until 31 December 2020 subject to meeting new deadlines for submission of its consolidated local environmental plan and the Local Housing Strategy.

It is now critical that the draft strategies are progressed to the broader engagement phase quickly to maximise the opportunity to utilise Accelerated LEP Review Program funding, where needed, to respond to feedback and enable updates to the strategy documents where necessary ready for endorsement. Consultation is a fundamental cornerstone for the strategic planning process and due to the significant amount of information being provided to the community, it is recommended that a longer exhibition timeframe be supported to allow reasonable opportunity for comment.

Background (The Specialist Studies)

The first step for the LEP Review Program was to undertake a ‘health check’ review to identify how closely aligned the Wollondilly Local Environmental Plan 2011 was to the actions in the Western City District Plan. This review considered existing council plans, policies, programs, strategies and research that contribute to those actions.

The review also included a gap analysis to identify what research, investigation or decisions would be required to underpin amendments of Council’s planning controls to support the District Plan actions. The findings were then workshopped to prioritise what investigations would be progressed and funded by the Accelerated LEP Review Program. A number of planning, transport and environment studies were identified and are currently being progressed. This report relates to 6 planning-led studies.

The strategies, once finalised, will facilitate evidence based updates to Wollondilly 2040 Local Strategic Planning Statement (Wollondilly 2040), amendments to the local environmental plan and development control plan and other projects.

In particular, Wollondilly 2040 highlights the importance of the local housing, rural lands, centres and employment lands strategies to guide local growth. ‘Local growth’ refers to the amount of housing necessary to meet the needs of the community and is not at the same scale as the growth areas. The studies will not necessarily establish this independently, rather once completed, they will collectively inform future work to identify the local growth needs of the community.

External consultants have been appointed through, either, a competitive tender or request for quotations process to prepare the specialist studies. The selected consultants have been appointed on the basis of their technical expertise and demonstrated experience for each of the projects.

The studies (and the strategies) have been prepared by the following consultants:

Study

Prepared by

Local Housing Strategy

Arup Australia Pty Ltd

Rural Lands Strategy

Locale Consulting

Employment Lands Strategy

Hill PDA Pty Ltd

Commercial Centres Strategy

Cardno Pty Ltd

Urban Tree Canopy Plan & Landscape Strategy

McGregor Coxall Pty Ltd

Scenic and Cultural Lands Strategy

Spackman Mossop Michaels Pty Ltd

 

Structure of the studies and strategies

The specialist studies have predominantly been prepared as two separate documents. A background technical document (known as the study) and a strategy document.

The study (technical document) establishes the background, context and analysis of the evidence. Whereas the strategy sets out the actions and recommendations in responding to the key findings.

Both documents will be available as part of the public exhibition, however, the fundamental purpose of the exhibition is to seek feedback on the draft strategies which play an important role for strategic planning.

Specialist studies and strategies

The table below lists the 6 planning led projects, including aims, covered by this report:

Study

Study Aim

Local Housing Strategy

To provide a clear plan for the provision and direction for the provision of housing within Wollondilly over the next 20 years.

Rural Lands Strategy

To provide a clear direction for the protection of agricultural land and retention of the rural landscape character of the centres, within the context of the Metropolitan Rural Area.

Employment Lands Strategy

To provide a strategic planning framework to guide the future development of employment lands within the Wollondilly.

Commercial Centres Strategy

To establish the current and future centres hierarchy and identifying their individual specific role and function.

Urban Tree Canopy Plan & Landscape Strategy

To develop an urban tree canopy plan and landscape strategy to protect, maintain, and enhance a healthy and diverse urban tree canopy within the Wollondilly, now and into the future.

Scenic and Cultural Lands Strategy

To identify and protect scenic and cultural landscapes, and enhance and protect views of scenic and cultural landscape from the public realm within the Wollondilly. 

 

Further detail on the objectives and scope of these studies is provided at Attachment 1.

The aim, objectives and scope for each of the studies has been prepared on the basis of:

·    Input from internal professional staff across Directorates,

·    Direction provided in the Greater Sydney Region plan and the Western Sydney District Plan

·    Direction provided in Wollondilly 2040 Local Strategic Planning Statement,

·    Existing guidelines, for example, the NSW Government’s Local Housing Strategy Guideline and Template and the NSW Government Architect’s Draft Urban Tree Canopy Manual,

·    In some cases, consultation with public agencies.

NSW Government Endorsement

There is an expectation that the specialist studies will also require endorsement from the NSW Government’s Department of Planning, Industry & Environment (DPIE). A local council strategy which has been endorsed by the Department holds considerable weight in the assessment of planning proposals.

The Advisory Notes that accompanied Council’s Letter of Support from the Greater Sydney Commission for the local strategic planning statement also advised Council to consult with the Department on the need for approval for the various strategies.

At this stage the need for approval and the pathway to secure the Department’s endorsement for the studies has not been clarified by the Department.

The Department is the approving body for the Local Housing Strategy, however, the process to achieve this it is not known at this stage. The Department is currently working to provide a clear framework and this process is expected to be provided shortly.

Consultation

The purpose of the exhibition is to seek community and stakeholder feedback on each of the draft strategies to inform their finalisation and adoption by Council. It is recommended that the planning led studies are exhibited concurrently due to the close linkages between the studies and so that interested stakeholders can review the broader context in providing feedback. It is proposed that an extended exhibition period of 40 days is held to facilitate broad feedback.

Although the draft strategies have been prepared to be consistent with the recently made Wollondilly 2040 Local Strategic Planning Statement and resolutions of Council, they do not yet represent Council policy. This report only seeks support to release and progress the draft documents to enable community and stakeholder feedback.

Following the exhibition, the outcomes of the public exhibition will be reported to Council.

A community/engagement strategy has been prepared to establish a framework to consult with the community and key stakeholders.

Due to the ongoing COVID-19 situation it will not be possible to provide face-to-face engagement, for example by holding a community drop-in session. It is proposed to promote the exhibition through Council’s website, community engagement platform (Your say Wollondilly), NSW Planning Portal, social media and correspondence to relevant public agencies, Council’s Community Advisory Committees and special interest groups.

Financial Implications

Funding of up to $2.5 million for the LEP Review Program is available for this program through the Accelerated LEP Review Program subject to contractual conditions. The funding has been utilised for the LEP review program to date including preparation of Wollondilly 2040, and the studies contained with this report. A number of other studies and tranches of are also progressing separately.

A comprehensive Project Plan has been prepared and endorsed by an internal Steering Committee and the NSW Government to manage delivery in accordance with allocated funding. The internal steering committee includes all members of the Executive to oversee the program.

The broad scope of the LEP Review Program, along with new requirements generated from recent changes to the Environmental Planning & Assessment Act 1979, will continue to have a significant on strategic planning resources. Work outside of the LEP review funding is consumed within the operational budget.

Attachments

1.       Attachment 1 - Aims, Objectives & Scope for LEP Review Program Studies    


Ordinary Council Meeting Agenda

18 August 2020

 

11.5       Draft North Wilton Neighbourhood Plan No.1

File Number:           12275#5

 

Executive Summary

This report seeks Council approval to publicly exhibit the first draft Neighbourhood Plan for the North Wilton precinct for community feedback.

Neighbourhood Plans are required to be prepared and approved by Council for the Wilton Growth Area under the Structure Plan and the draft Wilton Development Control Plan (DCP). The neighbourhood planning process enables Council to influence the final form of a pre-determined area of a precinct within the Wilton Growth Area. It promotes place based planning outcomes and provides a link between Wilton2040, the Growth Areas SEPP and the submission of a development application. A development application cannot be approved in the absence of a Neighbourhood Plan. Neighbourhood Plans will ultimately form amendments to the DCP.

The first draft Neighbourhood Plan for the North Wilton precinct was submitted on 4 November 2019. Council staff identified three critical issues in the draft Plan and the proponent was requested to undertake revisions and provide additional information. A final revised version was submitted on 25 May 2020, provided in Attachment 1.

The draft Neighbourhood Plan covers approximately 81.6 hectares of land with an expected yield of 750 lots, ranging in size from 250 to 500m2.

This report provides details of the draft Neighbourhood Plan and recommends that Council endorse the draft Plan for the purposes of public exhibition only.   A future report will be prepared outlining community and agency feedback to inform Council when considering approval of the draft Plan ahead of any development applications.

Recommendation

That Council:

1.       Agrees to publicly exhibit the Draft North Wilton Neighbourhood Plan as attached to this report for a period of 28 days to seek community and other stakeholder feedback.

2.       Notes that a number of outstanding issues have been identified for further work during the exhibition process.

3.       Notes that a future report will be prepared for Council outlining community and agency feedback and seeking approval of the draft Plan including identifying any changes arising from the exhibition process.

 

Report

A number of key actions have occurred since the identification of the Wilton Priority Growth Area (Wilton PGA), summarised as follows:

·        Wilton Growth Area identified under the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) in July 2016

·        Wilton South East precinct rezoned 13 April 2018

·        Wilton Land Use and Implementation Plan - Wilton 2040: A plan for the Wilton Growth Area released 28 September 2018

·        Wilton North precinct rezoned 28 November 2018.

The draft Wilton Development Control Plan (draft DCP), which was publicly exhibited from 7 August 2019 to 18 September 2019, is the DCP that applies to the Wilton Growth Area. The draft DCP guides the neighbourhood planning process, provides a detailed assessment framework for development applications, and controls for the built form.

A neighbourhood plan is a step between the Wilton 2040, the Growth Areas SEPP and the lodgement of a development application. Therefore, a neighbourhood plan must be consistent with Wilton 2040, including the relevant dwelling cap. The dwelling cap for the North Wilton Precinct is 5,600 dwellings, this cap is included in the Growth Centres SEPP.

The context and process for neighbourhood plans is explained further in the report.

A version of the North Wilton Neighbourhood Plan No.1 was lodged concurrently with the first development application for 203 residential lots on 4 November 2019. As a result of discussions between the developer, Bradcorp and Council, a number of revisions to the Neighbourhood Plan have been sought. These matters include the proposed billabong system throughout North Wilton, the need for the Strategic Bushfire Evacuation Strategy, the identification and dedication of public land. The revised Neighbourhood Plan submitted on 25 May 2020 is the subject of this report. The Neighbourhood Plan can be found at attachment 1.

 

North Wilton Neighbourhood Plan No. 1

The Neighbourhood Plan applies to part Lot 2 DP 1215383 within the North Wilton precinct. The North Wilton precinct as a whole is outlined in red in figure 1 on the following page.

FIGURE 1: North Wilton Precinct

North Wilton Neighbourhood Plan No.1 applies to the area within the North Wilton precinct identified by a black hashed line on the precinct structure in figure 2, and the red hashed line on the aerial map in figure 3.

FIGURE 2: North Wilton Precinct Structure Plan, Neighbourhood Plan No. 1 area identified by black dashed line

FIGURE 3: Aerial map of Neighbourhood Plan No. 1

The Neighbourhood Plan was accompanied by a range of supporting plans, including:

·        Design Principles Plan

·        Residential Density Plan

·        Interface Plan

·        Road hierarchy Plan

·        Pedestrian and Cycle Connectivity Plan

·        Public Transport Plan

·        Open Space Plan

·        Staging Plan.

In summary the neighbourhood plan package identifies:

·        Four sub-stages

·        An expected yield of 750 lots for Neighbourhood Plan No.1

·        A lot size distribution as follows:

o   20% - 250 to 349 square metres

o   40% - 350 to 500 square metres

o   40% - 501+ square metres

·        An overall density of 15 dwellings per hectare

·        Active and passive open space:

o   1 Local playing fields

o   5 Local open spaces

·        Pedestrian and cycle links including approximately:

o   2.56km of pedestrian connections

o   2.67km of shared paths

o   5.34km of on-road cycle paths (both directions)

o   3.09km of pedestrian green path network

·        Potential K-12 School site (8 hectares) in line with the North Wilton Precinct Structure Plan (11 October 2018)

·        Interface treatments for development near open space or within asset protection zones

·        Identifies existing trees for retention

·        A noise wall along the Hume Highway

·        Drainage basins and a water body.

Assessment of the Neighbourhood Plan

A detailed assessment of the Neighbourhood plan against the draft Wilton Development Control Plan exhibited August/September 2019 can be found in attachment 2.

As part of a preliminary assessment of the Neighbourhood Plan a range of matters have been identified for further work during the exhibition process. These matters will be discussed with internal staff and the proponent as part of the exhibition process, and in line with any relevant submissions from state agencies or the community.  They are as follow:

·        Role and function of the water body (approximately 3,977 square metres in size), and any resultant public health, funding, ongoing maintenance, and long term ownership arrangements.

·        Consistency with the Wollondilly Contributions Plan 2020 (adopted May 2020, applied from 1 July 2020). The key concern is ensuring sufficient and appropriate rates of open space provision in recognition that any land required for stormwater infrastructure is not be calculated as open space, nor is it offset against any other infrastructure or payment.

·        Bushfire risks – due to the isolated nature of the first neighbourhood within the North Wilton Precinct it is important to establish sufficient access and egress points, appropriate Asset Protection Zones, and precinct evacuation. This will be confirmed in consultation with the NSW Rural Fire Service and Transport for NSW.

·        Intended form and ownership of the identified “special urban areas”. Whether they are to be contained in private ownership in residential allotments or as public land within the open space network. The intent of these areas, are supported in principle.

Other matters may require amendment and negotiation with the proponents as a result of internal, community and state agency consultation.

Some of these matters are negotiated through separate process and the relevant policies would continue to apply. If any of these processes required modifications to the Neighbourhood Plan this would be reflected in the subsequent decisions of Council whether by an amendment to the Neighbourhood Plan or accommodated in the development application process.

Water cycle management and the proposed water bodies

A Water Cycle Management Strategy provided at attachment 3 was submitted with the Neighbourhood Plan. It outlines the function, use and maintenance regime of the water body located within the Neighbourhood Plan area. The proponent has indicated that the function of the water body is to play a role in water catchment management, contribute to amenity, and use as part of the developers open space contribution.

The proponent is seeking to dedicate the water body in this Neighbourhood Plan, and other water bodies within the development, to Council. The ongoing management costs of this smaller lake (additional to the large lake identified in the Wilton Structure Plan) have not yet been assessed and no formal discussions have occurred with Council’s Contribution team. The level of long term maintenance and liability burden to Council needs to be recognised. Further, the smaller water body is not identified in the North Wilton Structure Plan.

When land is proposed for dedication the process must be in line with Council’s Dedication of Land Policy which includes a Voluntary Planning Agreement as the adopted contributions plan does not include the cost of stormwater infrastructure in Wilton. Stormwater treatment and maintenance is part of the development, and is not a net community benefit.  It is up to the developer to propose a suitable scheme.

Noting that discussion on land dedication has not commenced, Council can only consider the exhibition of the Neighbourhood Plan with the smaller lake as a potential solution for water management. The exhibition of the Neighbourhood Plan with the smaller lake does not mean that Council is liable or must accept the lake as a Council asset. It is premature without further information or negotiations to recommend a path forward for the lake however given the risks and costs associated with the asset are unknown it is currently not recommended that Council accept this lake or any other lake as a public asset or as an offset to open space in Wilton. The proponent has been made aware as part of ongoing discussions that the lake may not be accepted as a Council asset.

Alternative solutions will be required if the proponent is unable to negotiate the dedication of the lake. Some options available to the developer include private or community title ownership. Consultation with Sydney Water will be critical in understanding the need for any such systems in Wilton North.

Consultation

The North Wilton Neighbourhood Plan No.1 package will be placed on public exhibition for a period of four weeks (28 days), noting that the entire package will not form part of the Wilton DCP. The following maps are expected to be included in the Wilton DCP, this will be made clear to stakeholder when placed on exhibition and may be subject to change post exhibition. They maps expected to form part of the Wilton DCP are:

-     Residential Density (page 7)

-     Residential interface (page 8)

-     Aboriginal Heritage (page 10)

-     Road Hierarchy Plan (page 11)

-     The Neighbourhood Plan (page 18)

The Neighbourhood Plan has also been referred internally. Comments will be processed as part of the public exhibition period to allow a comprehensive review of internal comments, external agency referrals and community submissions.

The Neighbourhood Plan is expected to be referred to the following state agencies:

·        Department of Planning, Industry & Environment

o   Energy Environment and Science

·        NSW Rural Fire Service

·        Transport for NSW

·        State Emergency Services

·        Sydney Water.

Submissions from the community, state agencies and Council Officers will be assessed together in a holistic manner, actioned as appropriate, and be included in a future report to Council. The holistic assessment of comments is expected to create a smoother process, with any changes made reflecting a balanced and comprehensive consideration of all stakeholder feedback.

Delegation to make a Neighbourhood Plan

DPIE currently has delegation to make, and once made, amend the Wilton DCP. However the assessment and the recommendation to make the Neighbourhood Plan will come from Council.

Neighbourhood Plans will become an appendix to the draft Wilton DCP. While the draft Wilton DCP sits with the State, any Neighbourhood Plans would need to be made as an amendment to the draft Wilton DCP by DPIE.

It is intended in a future report that Council will make a request to DPIE for a Neighbourhood Plan to be made once satisfied with the content.

Conclusion

The neighbourhood planning process enables Council to influence the final form of a pre-determined area of a precinct within the Wilton Growth Area. It promotes place based planning outcomes and provides a link between Wilton2040, the Growth Areas SEPP and the submission of a development application.

North Wilton Neighbourhood Plan No.1 has been lodged concurrently with a development application and the progression of the neighbourhood planning process is an important factor in the assessment of that development application.

Public exhibition of the North Wilton Neighbourhood Plan No.1 will allow consultation with state agencies, internal staff and the community to occur in a holistic and coordinated manner, leading to improved planning outcomes. This is expected to facilitate integrated changes, if necessary, to the Neighbourhood Plan.

Financial Implications

Financial Implications of servicing Wilton Growth Area

A report on the Financial Implications of servicing the Wilton Growth Area was included in the agenda for 19 December 2019 Extraordinary Council Meeting. The report outlined the framework for the infrastructure funding and delivery in the growth. The resolution was as follows:

That Council:

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

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

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

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

(c)     planning agreements for local, state and regional infrastructure

(d)     direct works associated with development and user connections with utilities providers

(e)     capital works funded through Government budget processes.

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

Dedication of Land

This Neighbourhood Plan has implication regarding the dedication of land for the purposes of open space and stormwater infrastructure. The adoption or support of the neighbourhood plan does not pre-empt nor override other processes within Council that determine consistency with the Contributions Plan 2020 or the Dedication of Land Policy. Assets beyond those identified in the Contribution Plan 2020 intended to be dedication to Council will require discussions with Council’s Contribution Team and will be subject to the relevant policies and processes. The support of the any additional open space or assets more broadly identified in the neighbourhood plan does not pre-empt Council’s decision (e.g. agreement to accept assets) through these pathways.

Adopted Fees & Charges

At time of lodgement Council did not have an adopted fee for pre-lodgement meetings or the lodgement of Neighbourhood Plans.

Council’s adopted fees and charges schedule for 2020/21 now includes a pre-lodgement meeting fee of $1,000 for Neighbourhood Plans and a fee of $8,000 for a DCP Amendment (Neighbourhood Plan).

The applicant has not paid any processing fees for the Neighbourhood Plan at this stage as these fees did not explicitly apply to Neighbourhood Plans at lodgement.

 

Note: Higher resolution versions of the attachments below will be provided on Council’s website.

Attachments

1.       North Wilton Neighbourhood Plan No.1 - Revision H (21_05_20)  

2.       Assessment against Draft Wilton Development Control Plan (as exhibited 2019)  

3.       Water Cycle Management (as submitted for North Wilton Stage 1 Development Application)     


Ordinary Council Meeting Agenda

18 August 2020

 

12          Management and Provision of Infrastructure

12.1       Increase to Major Works Program 2020/21

File Number:           12275#8

 

Executive Summary

The purpose of this report is to update Council and revise a number of 2019/2020 Major Works Programs in relation to realised grant funding and project programs.  The total financial revision being $34,682,365.

Recommendation

1.       That Council adopt the 2020/21 Major Works Budget with changes as shown in the Financial Implications section of this report, with the revised total being $34,682,365 introducing additional funding sources from grant income and development contributions.

2.       That Council writes to the Member for Hume expressing its thanks for the support and funding for the additional Federal Government Grants.

3.       That Council endorse the Picton to Tahmoor Shared Pathway as the project for nomination under the Resources for Regions program.

Report

Since the development of the 2020/21 Operational Plan, a number of funding programs have been offered, or funding windows opened, that require consideration for inclusion in the Major Works Program, namely:

Tahmoor District Sports Complex

Council has welcomed an offer of $872,871 for new local infrastructure under the Local Roads & Community Infrastructure Program.

Following internal consultation, it is recommended that these funds be utilised for further works at Tahmoor District Sports Complex, namely the completion and renewal of netball courts.  A further $127,129 of Development Contributions is required to cover the estimated cost to complete the works of $1million.

As such, it is recommended that an additional $1million budget be introduced into the Open Space Renew Program funded through Grants and Development Contributions.

Picton to Tahmoor Shared Pathway

Council welcomes its inclusion in the latest round of Resource for Regions with potential funding of ~$2.16M available to Wollondilly.

Following internal consultation, it is recommended that these funds be pursued for the construction of the Picton to Tahmoor Shared Pathway, potentially commencing as early as 2020/21 (subject to successful application and formal execution of the funding deed).

Adjustments of the Major Works Program will be reported for adoption at the appropriate future quarterly review.

Picton Smart Hub

Council has welcomed an offer of $224,000 for new local infrastructure under Round 4 of the Federal Government’s Building Better Regions Fund, which supports drought affected communities.  The funds need to be matched (at least) on a 50/50 basis (i.e. an additional $224,000 to a total of $448,000).

Thanks to the funding, the new Picton GPO Smart Hub will become a reality including the repair and upgrade of the old Picton Post Office building and the creation of an inclusive hub for business owners, start-ups and employees to co-work, network and take part in education and events.

As the funding agreement has not be received and executed, it is not proposed to introduce the funding at this time.  Pending finalisation of the overall project estimate, the funding is proposed to be introduced into the Buildings Renew Program in a subsequent Quarterly Review as the full scope is confirmed and programmed.

Adjustments of the Major Works program will be forwarded for consideration at the appropriate future quarterly review.

Consultation

Internal.

Financial Implications

The 2020/21 Operational Plan will need to be amended to reflect the following adjustments to the Major Works Program:

2020/21 Major Works Program

Adopted Amount

Variation

Adjusted Amount

TRANSPORT

Major Roads & Bridge Works

Road Renewal Program

11,476,000

-

11,476,000

Road Upgrade Program

5,663,460

-

5,663,460

Kerb & Gutter (new)

300,000

-

300,000

Kerb & Gutter (renewal)

235,000

-

235,000

Footpaths & Cycleways Program (new)

250,000

-

250,000

Footpaths & Cycleways Program (renewal)

142,000

-

142,000

Public Transport Facilities Program (new)

-

-

-

Public Transport Facilities Program (renew)

15,000

-

15,000

Bridges Program

-

-

-

Traffic Facilities (new)

-

-

-

Traffic Facilities (renewal)

85,000

-

85,000

OPEN SPACE

Open Space Projects (new)

4,704,355

-

4,704,355

Open Space Projects (renew)

200,000

1,000,000

1,200,000

BUILDINGS

Building Program (new)

-

-

-

Building Program (renew)

1,600,000

-

1,600,000

PRECINCT

7,777,550

-

7,777,550

PLANT & FLEET

Plant Fleet Purchases

500,000

-

500,000

Car Fleet Purchases

100,000

-

100,000

STORMWATER DRAINAGE

Stormwater Improvement Program

219,000

-

219,000

OTHER PROJECTS

Waste Facilities

415,000

-

415,000

Total 2020/21

33,682,365

1,000,000

34,682,365

 

Attachments

Nil


Ordinary Council Meeting Agenda

18 August 2020

 

12.2       Options for Playground Upgrades - Birrahlee Park, Yanderra

File Number:           12275#45

 

Executive Summary

At the Ordinary Council Meeting held 16 June 2020 (Resolution No. 84/2020 Part 2), it was resolved ‘that a report come back to Council on options for playground upgrades to Birrahlee Park, Yanderra’.

The purpose of this report is to provide Council with information and options for playground upgrades to Birrahlee Park, Yanderra.

Part of the existing playground equipment has reached the end of its useful life and the community has indicated their desire for the addition of a broader age range of play equipment, the addition of exercise equipment and a barbecue facility.

Recommendation

1.       That Council notes the contents of this report.

2.       That Council seek future grant funding opportunities and/or future Voluntary Planning Agreements as a means to fund any proposed upgrade.

 

Report

Birrahlee Park is a local level park situated adjacent to Yanderra Public School.  The nearest playground is at Bargo Sportsground approximately 4km away and, therefore, Birrahlee Park is a key facility for servicing the local Yanderra community.

The playground was previously upgraded in 2012 which included additional play equipment, double swings, pathways and drainage work along with the repurposing of an existing tennis court into a basketball/netball court.  Artwork was also added to the court surface providing smaller children a safe, enclosed space to ride their bikes and scooters on a simulated roadway.  In addition, activities such as hopscotch, handball squares and alphabetical hop, skip, jump were painted onto the court surface.

The 2012 upgraded playground items have approximately 10 years of remaining service life and are, therefore, not due for replacement at this point in time.  However, the older Megatoy Play Unit is nearing the end of its useful life and could be upgraded at any time.

A recent onsite discussion with a community representative indicated that the community would also like to see some outdoor exercise equipment and a barbecue facility to further enhance the local park.

Consultation

This report was prepared following consultation by way of an onsite meeting with a community representative, the Mayor Cr M Deeth, Cr M Banasik and a Council Officer in response to an online discussion through the Yanderra Community Group Facebook page in February 2020.

The post showed pictures of the park and asked residents to comment on what they would like to see upgraded.  Through this forum the community indicated their desire for the addition of a broader age range of play equipment, exercise equipment and a barbecue facility.

Financial Implications

Based on recent projects of a similar nature, a minimum budget of $160,000 (including contingencies) will be required to complete this upgrade.

As there is no current budget available for this project, it is suggested that should Council determine to support this project, funding be sought through future grant funding opportunities and/or future Voluntary Planning Agreements.

Attachments

Nil  


Ordinary Council Meeting Agenda

18 August 2020

 

13          Caring for the Environment

No reports this meeting


Ordinary Council Meeting Agenda

18 August 2020

 

14          Looking after the Community

14.1       2020 Community Grants Program

File Number:           12275#37

 

Executive Summary

The purpose of this report is to provide recommendations to Council regarding funding allocations for the 2020 Community Grants, Annual Mayoral School Citizenship Awards and Annual Community Hall Rate Subsidies.

Recommendation

That Council:

1.       Fund thirty-nine (39) Community Grant Applications for a total value of $46,696.00 as detailed in this report.

2.       Fund eighteen (18) local schools at $200 each for the Mayoral School Citizenship Award at a total of $3,600.00 as detailed in this report.

3.       Fund four (4) Community Hall Rates Subsidies for a total of $12,903.88 as detailed in this report.

4.       Endorse the funding of five (5) Community Grant Projects through South West Sydney Local Health District funding of $10,000.00 as detailed in this report.

 

Report

Applications for the 2020 Community Grants opened Friday 1 May 2020 and closed Sunday 31 May 2020. This report provides an overview of the Community Grants Program and the grant applications received.

Council received $117,788.00 worth of funding applications with a pool of $46,350.00 available.

An additional pool of $10,000 was secured through the South West Sydney Local Health District and will be utilised to fund 5 of the community grant applications.

There are 5 grant categories in this round of funding:

§ Community Projects

§ Art & Culture Events

§ Sustainability

§ Leisure & Recreation

§ Small Capital Equipment.

 


 

Community Grants Program 2020

 

Recommended Community Projects - maximum grant $3,000

 

Projects that help local communities to build skills, identify opportunities and / or undertake actions for the social benefit of community members.

Organisation

Project

Funding Recommended

Australian Wildlife Foundation

Wild ED Community Engagement Program

500.00

The Rotary Club of Picton

The Coin Spinner Project

500.00

Wollondilly Pony Club

Show Jumping Equipment

500.00

Warragamba Silverdale Neighbourhood Centre

Calendars Created by Locals

3,000.00

Southern Tablelands Arts

Dance for Wellbeing

3,000.00

We Are Community Inc.

Nourishing Our Friends in Hardship

500.00

Checkyourtackle

Male Health Awareness Campaign

500.00

Picton & District Historical Society

Wollondilly Talks - An Oral History Project

2,450.00

BCD Community Care

Yarn and Yard Project

3,000.00

The Appin Historical Society Inc.

St Bede’s Catholic Church Graveyard

3,000.00

Wollondilly Fellowship of Australian Writers

Publication of Anthology and Launch

1,000.00

Riding for the Disabled Association

Subsidy of Annual Registration Fees

500.00

Wollondilly Anglican Church

WREN Workshops

500.00

His House Inc.

Picton Twilight Market - International Men's Awareness

1,000.00

Wollondilly Anglican Church

Over 55's High Tea and Dance Party

1,000.00

Wollondilly Anglican Church

Mega Obstacle Course for Kids

1,000.00

Macarthur Hoarding Disorder Resource Group

Hoarding and Squalor Support

3,000.00

Camden Wollondilly Domestic Violence Committee

Domestic Violence Pen Project

3,000.00

Young Change Agents

Design Day Challenge

2,800.00

1st Appin Scout Group

Out & About Back to Bush

3,000.00

Community Links Wellbeing

Project Grow from little things big things grow

3,000.00

Total

 

$36,750

Recommended Art & Culture Events maximum grant $1,000

 

Events that foster the Shire's cultural identity or that provide an accessible, diverse range of community art and cultural opportunities.

 

Wollondilly Anglican Church

We are Wollondilly Drawing Competition

1,000.00

Community Links Wollondilly

Music Capers

1,000.00

Total

 

$2000.00

 

 

Recommended Sustainability Projects - maximum grant $500

 

Projects that support the local environment and assist in making Wollondilly a more sustainable place to live.

 

Australian Wildlife Sanctuary

Koala Food Plantation

500.00

Total

 

$500.00

 

Recommended Leisure & Recreation - maximum grant $500

 

Activities that provide access to physical and social pursuits to support a healthy and active community.

 

Wollondilly Anglican Church

Robotics Workshop

500.00

Wollondilly Anglican Church

Cookie Decorating Workshops

500.00

Total

 

$1,000.00

 

Recommended Capital Equipment - maximum grant $500

 

Purchases of small capital equipment items to support community organisation activities.

 

Disability Macarthur Family Support & Care

Outdoor Cinema Event

500.00

Country Women's Association

Shelving

500.00

Tahmoor Uniting Men's Shed

Sanitisers, Pumps and Hygiene Equipment

500.00

Douglas Park School P&C Association

Bush Tucker Garden and Cultural Space

500.00

Warradale Men's Shed

Bench Mount Timber Thicknesser

500.00

Menangle Men's Shed

Promotional Equipment

500.00

Picton Swimming Club Inc.

Laptop Computer

500.00

Cawdor Public School P&C Association

Resources for School Library

500.00

Bargo Men's Shed

Air Compressor

500.00

Wollondilly Anglican Church

Wet & Dry Vacuum

500.00

Australian Wildlife Foundation

Donation "Tap & Go"

500.00

Buxton Community Association

Catering Pots

500.00

Thirlmere Public School P&C Association

Dishwasher

500.00

Total

 

$6,446.00

 

South West Sydney Local Health District

 

Recommended Projects

 

Organisation

Project

Funding Recommended

Warragamba Silverdale Neighbourhood Centre

Love the Dilly - Create Your Vision

2,000.00

New Horizons

Wollondilly Tucker Garden

3,000.00

Community Links Wellbeing

Youth Mental Health Video Project

3,000.00

Wollondilly Anglican Church

Women's Craft Workshops

1,000.00

Wollondilly Anglican Church

How to Cook Steak - Men's Evening

1,000.00

Total

 

10,000.00

 

2020 Mayoral School Citizenship Awards

 

School Citizenship Award

Amount

 

Appin Public School

200

Bargo Public School

200

Buxton Public School

200

Cawdor Public School

200

Douglas Park Public School

200

Mount Hunter Public School

200

Oakdale Public School

200

Picton Public School

200

Picton High School

200

St Anthony's Primary School

200

Tahmoor Public School

200

The Oaks Public School

200

Thirlmere Public School

200

Warragamba Public School

200

Wilton Public School

200

Wollondilly Anglican College Primary

200

Wollondilly Anglican College Secondary

200

Yanderra Public School

200

TOTAL

$3,600.00

 

2020 Community Hall Rates Subsidy

 

Community Hall Rates Subsidy

Amount

 

1 Mason St, Thirlmere – Thirlmere Returned Serviceman’s League             

3,152.06

1984 Silverdale Rd, Silverdale – Warragamba Silverdale Neighbourhood Centre Inc.                          

2,658.93

4 Station St, Menangle – Menangle Community Associate Inc.                 

1,912.55

22 West Parade, Buxton – Buxton School of Arts Hall                                   

5,180.34

Total

$12,903.88

 

All applications have been assessed against the eligibility criteria as adopted by Council in November 2013 under the Financial Assistance Framework.

 

Council's Community Grants Program is provided by Council under Section 356 of the NSW Local Government Act.

 

Consultation

The Community Grants were widely promoted through print media, radio, Social Media Internet and Website.

Two Community Grant Information Sessions were held on 7 May 2020 at 10am and 5.30pm for potential applicants to gain information about eligibility, process, requirements and timeframes.

The Team Leader Community Projects and Events was contactable during the opening of the funding round to respond to enquiries.

All applications were either submitted electronically or hard copy.

Applications were assessed by a panel of five staff with recommendations presented to a Councillor Workshop and final recommendations contained in this report.

Financial Implications

Funding has been allocated and is available under the 2020/21 Operational Budget, Financial Assistance Program.

 

Attachments

Nil  


Ordinary Council Meeting Agenda

18 August 2020

 

15          Efficient and Effective Council

15.1       Repeal of Council and Delegated Determination of Development Applications Policy

File Number:           12275#3

 

Executive Summary

This policy is out-dated and no longer necessary as the delegation has been overtaken by relevant State legislation and Development Applications are now referred to other determination authorities.

Recommendation

That the Council and Delegated Determination of Development Applications Policy be repealed.

Report

With the introduction of the Wollondilly Local Planning Panel and the Western Sydney City Planning Panel, delegations for the determination of Development Applications have been formalised through directions issued by the Minister for Planning pursuant to Section 91 of the Environmental Planning and Assessment Act, 1979.

Accordingly, this policy is no longer necessary and should be repealed.

Consultation

Manager Development Services

Director Planning

Financial Implications

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

Attachments

1.       Council and Delegated Determination of Development Applications Policy    


Ordinary Council Meeting Agenda

18 August 2020

 

15.2       Community Advisory Committees (CAC) - Achievements, Outcomes and Future Focus

File Number:           12275#54

 

Executive Summary

Council convenes a range of Community Advisory Committees (CACs) in order to engage with its community on a wide range of key issues.  The purpose of this report is to inform the Council, Executive and the Community of the activities of the ten CACs  for the past 12 months.

 

Recommendation

1.       That Council notes the contribution and achievements of each of the CAC’s for the 2019/20 financial year and supports the future direction of each CAC.

2.       That the members of each CAC be thanked for their contributions to the success of each of the CAC’s to which they belong.

 

Report

The following table outlines the achievements of each CAC:

AUSTRALIA DAY COMMUNITY ADVISORY COMMITTEE

Achievements 2019/20 financial year

Relevant CSP Strategies

Determined the winners of the 2019 Australia Day Awards.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy CO5 – Advocacy

Acted as ambassadors for Australia Day throughout the year.

Provided input into the planning of the Australia Day Event executed on the 26 January 2020.

Provided feedback about the success of the event.

Assisted with the setup and clean-up of the Australia Day event 2020.

Proposals for next 12 months

Attend all relevant meetings to discuss the Australia Day 2021.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy CO5 – Advocacy

Act as ambassadors in encouraging nominations from the local community.

Provide input into the execution of Australia Day 2021 event.

Assist in the execution of the Australia Day event in 2021.

 

Comments:

 

The Australia Day Award Committee assisted Council in executing a successful Australia Day event held on the 26 January 2020 in the Picton Botanic Gardens. The Committee members were successful in encouraging local residents and community groups to nominate 29 local individuals for awards.

 

COMPANION ANIMALS COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Representations to Office of Local Government re inadequacies of the NSW Pet Registry

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

 

Enabling Council to engage with its community by listening to and responding to their needs and concerns.

 

Provide Strategic Input and advice in relation to Council’s Companion Animals events and educational programs to help raise awareness about companion animals and relevant legislation.

Lobbying of Committee for improved facilities for cats at the Animal Shelter resulting in grant funds through Federal Local Member

Proposals for next 12 months

Participation of members in ‘Doggy Day Out’ to be held October 2020.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

 

Enabling Council to engage with its community by listening to and responding to their needs and concerns.

 

Provide Strategic Input and advice in relation to Council’s Companion Animals events and educational programs to help raise awareness about companion animals and relevant legislation.

Continue to lobby the Office of Local Government re inadequacies of the NSW Pet Registry.

Review proposals and advocate for improved animal shelter facilities to accommodate the growing needs of the community.

INCLUSION AND ACCESS COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Ongoing implementation of Video Remote Interpreting (VRI) into Inclusion meetings as well as internal staff meetings for staff who require Auslan interpreters.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy GR4 – Liveable Communities

Strategy IN2 – Provision of Infrastructure and Facilities. Provide a range of infrastructure and community facilities to meet the needs of the community, now and into the future.

Strategy CO5 – Advocacy

 

Extensive consultation with the committee in relation to ‘Our Library 2030, Wollondilly Strategic Plan with long discussion on how the library can become more inclusive to the disability community.

Introduction of the Café Connect over 55’s joint Council Partnership. Committee members playing a role in distributing information to family, friends and networks as well as attending sessions.

Committee member Maree Handley working alongside Robyn Syphers at the library to facilitate Auslan Story time available to watch on library Facebook during Covid-19 restrictions.

Successful grant of $20,000 from Uniting, Ability Links to upgrade the existing lift and aqua wheelchair at Wollondilly Leisure Centre. The pelican pool hoist will now be able to support community members with significant mobility issues to access the outdoor pool.

Proposals for next 12 months

Relevant CSP Strategies

Ongoing engagement Civic Precent, Library and active transport strategy.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy GR4 – Liveable Communities

Strategy IN2 – Provision of Infrastructure and Facilities.

Strategy CO5 – Advocacy

 

 

Committee to be involved in engagements and roll out of a new Disability Inclusion Action Plan in 2021/22.

When safe to do so the Inclusion and Access Advisory committee will re-commence meetings, until such time monthly update emails by chair to be distribute inviting feedback from committee

The committee is currently working on a small grants program for International Day of People with Disabilities project/event for local organisations. The committee will take the opportunity in these grants to support the consultation of the 21/22 Disability Inclusion Action Plan development, getting local information from people with lived experience in the local community.

 

Comments:

 

It has been a difficult year for the committee with a loss of some members due to other obligations, members who have experienced trauma during the bushfires and Covid-19. However, the committee continues to be dedicated to supporting access to all in Wollondilly and will be looking at recruiting new members in the very near future.

 

Currently meetings are not happening due to Covid-19 but members are staying in touch with regular emails and flicking through important initiatives and information to support those that have experienced recent trauma with floods, bushfires and covid-19. Council is currently awaiting advice from LGNSW in relation to the Disability Inclusion Action Plan which is due for renewal in July 2021.

 

However, due to covid-19 it is expected the current DIAP will be extended for 12 months in line with Council elections as well as giving time to allow for meaningful face to face engagement with the community about a new 4 year DIAP.

 

ECONOMIC DEVELOPMENT COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Consultation and Strategic focus on the development of the Local Strategic Planning Statement – Wollondilly 2040 (LSPS) and the Local Environmental Plan (LEP) Review Project.

Strategy GR3 – Economic Development and Tourism

Strategy GR7 – Agriculture

Strategy EN7 – Agricultural Land and Capability

Meeting frequency increased from 4 to 6 times per year (from 2020) to allow additional engagement between Council, industry representatives and community.

Adoption of ZOOM meetings (from May 2020) due to COVID-19.

 

Ten (10) members continued to be part of the committee.

Meeting times reviewed with meetings to start at 4:00pm and conclude at 6:00pm (from Feb 2020).

Consultation and Strategic focus to develop the Economic Development Strategy 2020.

Consultation to assist businesses through drought, bushfire, flood and COVID-19.

Consultation and support for the Love the Dilly Campaign.

Consultation and input into Wollondilly Business Support Package (COVID-19).

Delivery of Business Wollondilly eDM (electronic direct mail).

Delivery of Business Wollondilly Facebook Page.

Agribusiness industry input and updates.

Proposals for next 12 months

Continuation of ZOOM meetings where possible to enable more convenience for committee members.

Strategy GR3 – Economic Development and Tourism

Strategy GR7 – Agriculture

Strategy EN7 – Agricultural Land and Capability

Develop and implement relevant projects and initiatives under the new Economic Development Strategy (EDS), including The Township Marketing Plan, Wollondilly Markets & Events Strategy and Small Business Month (Oct).

Consult with committee for input on various Strategic Planning Studies.

Consult with the committee across business investment projects.

Consult with committee for Business Wollondilly website construction, content and logo.

Seek assistance from the committee to leverage Business Wollondilly Facebook page and Business Wollondilly Website.

Seek assistance from committee to promote workshops and training available to local businesses.

Agribusiness industry input and updates.

Comments:

 

The EDCAC has met on 5 occasions over the past 12 months – (04/07/2019, 03/10/2019, 05/12/2019, 18/02/2020 and 14/05/2020).

 

Meeting frequency and timings have been reviewed and amended to maximise attendance. The Committee meets on Thursdays for 2 hours every 6 weeks (previously quarterly). Meetings are currently taking place via ZOOM due to COVID-19 which will be continued for future meetings.

 

In response to COVID-19 and in addition to EDCAC a separate committee (Business Community Taskforce) has been formed to discuss issues facing the business community.

 

Following the bushfires and COVID-19 a Wollondilly Business Support Package was delivered to assist and support local businesses and residents facing extraordinarily tough times.

 

 

MINERAL, ENERGY RESOURCES, ENVIRONMENT AND WASTE COMMUNITY ADVISORY COMMITTEE

Objectives of the Sub Committee

To bring together interested community members to engage with Council on waste management and environmental issues that includes the extraction of minerals and petroleum (coal seam gas) within the Wollondilly Shire.

Three streams of the Sub Committee

The work of the Minerals, Energy Resources, Environment and Waste Advisory Committee (MEREW) is focussed on the following broad three streams based on the above objective:

·    Waste Management stream

·    Environmental protection stream

·    Minerals and petroleum extraction stream (focus areas of specific relevance to minerals and petroleum extraction)

Key achievements of the Committee

The broad achievements of the MEREW Committee based on the three above streams and consistent with the Key Focus Areas listed in the Operational Guidelines and Terms of Reference for the Committee is provided below.

 

Achievements in 2019/20 financial year

Relevant CSP Strategies

Environment Stream

Agreement and commencement of the development of proposed Council strategic directions/objectives as well as indicators to monitor the achievement of the directions/objectives consistent with the CSP and Terms of Reference for the Committee.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development Pressures

Strategy EN3- Vegetation management

Strategy EN4 – Community involvement

Strategy EN5 – Environmental awareness

Strategy EN6 Sustainable Practices

Provision of feedback during the development of Council guidelines and consent conditions regarding impacts to biodiversity associated with the dewatering of dams on development sites.

 

Dam dewatering June Meeting

Strategy EN3- Vegetation management

Strategy EN4 – Community involvement

Strategy EN5 Environmental Awareness

Strategy EN10 -  Advocacy

Discussion on environmentally related legislation reforms at the State Government level of interest to the Committee that featured presentations by Council Environmental Services Staff.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN10 -  Advocacy

Discussion on concerns over environmental related aspects of the policy framework being developed by the NSW Planning for the Wilton Priority Growth Area and advocation for a response by Council to these concerns.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN10 - Advocacy

Review of submission provided by Council on the NSW Legislative Inquiry into Koala habitat with a request that Council issue media lease on this submission.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN10 - Advocacy

Provision of feedback on draft Sustainability Priority Themes within the draft Local Strategic Planning Statement following a presentation by Council’s Principal Planner LEP Review

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN6 Sustainable Practices

Strategy EN10 -  Advocacy

The Committee requested that:

 

Council provide a general update of where Council is at with Waste, Water, Biodiversity (inclusive of koalas), Hazard Reduction and Vegetation Management (inclusive of public space, street trees, developing a green web). To also include details of planned community events and courses.

 

A presentation in response to this request was provided by Council Staff at the subsequent meeting in February 2020.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN3- Vegetation management

Strategy EN4 – Community involvement

Strategy EN5 Environmental Awareness

Strategy EN8 – Auditing, Monitoring and Enforcement

Strategy EN9 - Waste management

Strategy EN10 -  Advocacy

Minerals and petroleum extraction stream (focus areas of specific relevance to minerals and petroleum extraction)

The Committee resolved following a presentation by representatives of SIMEC Mining:

 

That Council write to SIMEC to seek more information on the products they plan to use to fill the creek cracks, the products long term impact on the environment and the research sources the company is using to support this usage.

Strategy EN4 – Community involvement

Strategy EN5 Environmental Awareness

Strategy EN6 Sustainable Practices

Strategy EN10 -  Advocacy

Assistance by members of the Committee to Council Staff in the preparation of submissions on mining related matters that included the review of Independent Planning Commissions by the NSW Productivity Commission.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN4 Community Involvement

Strategy EN5 Environmental Awareness

Waste Management Stream

Understanding of the operational aspects of the Bargo Waste Management Centre and implications to its operation by growth in response to a request for a presentation by the Committee.

Strategy EN8 – Auditing, Monitoring and Enforcement

Strategy EN9 - Waste management

Strategy EN10 -  Advocacy

Provision of input by members of the Committee on the closure process for the Bargo Landfill and timeframe for this process.

Strategy EN9 - Waste Management

Supportive of the Council’s SustainaDilly courses and suggestions made for additional course topics.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN3- Vegetation management

Strategy EN4 – Community involvement

Strategy EN5 Environmental Awareness

Strategy EN6 Sustainable Practices

Strategy EN9 - Waste Management

Proposals for next 12 months

Relevant Key Focus Area in the Terms of Reference

Relevant CSP Strategies

Discussions over the management of the Nepean River and its protection from the impacts of development in particular.

Protection and management of biodiversity as well as waterways within the Wollondilly Shire.

Establishment of a National Park for the Bargo River Gorge.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN4 Community Involvement

Strategy EN5 Environmental Awareness

Strategy EN6 Sustainable Practices

Strategy EN10 - Advocacy  

Provision of comment on Council’s draft Biodiversity Offset Policy, Comprehensive Koala Plan of Management, and updated draft Biodiversity Strategy prepared by Council’s Environment Section.

 

Provision of comment on Council’s draft Urban Tree Canopy Plan and Rural Lands Strategy prepared by Council’s Sustainable Growth Section.

 

Protection and management of biodiversity as well as waterways within the Wollondilly Shire.

Legislation review and policy announcements within the Wollondilly LGA.

Establishment of a National Park for the Bargo River Gorge

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN3- Vegetation management

Strategy EN4 Community Involvement

Strategy EN5 Environmental Awareness

Strategy EN6 Sustainable Practices

Strategy EN10 - Advocacy  

The overseeing of the finalisation and adoption of the Thirlmere Lakes Action Plan arising from the Thirlmere Lakes Stakeholder Forum by the Committee.

Mining and coal seam gas extraction activity affecting or potentially affecting the natural environment within the Wollondilly Shire.

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN4 Community Involvement

Strategy EN5 Environmental Awareness

Strategy EN10 - Advocacy  

Continued development of indicators that would provide a measurement of Council’s sustainability practices for potential incorporation into the CSP during its next review.

Protection and management of biodiversity as well as waterways within the Wollondilly Shire

Development and implementation of sustainability initiatives.

 

Strategy EN1 – Protect and Enhance biodiversity, Waterways and Ground Water

Strategy EN2 – Protect the Environment from Development

Strategy EN3- Vegetation management

Strategy EN4 Community Involvement

Strategy EN5 Environmental Awareness

Strategy EN6 Sustainable Practices

 

 

Provision of advice on priority topics for community sustainability education and ways of increasing community participation in educational activities.

Development and implementation of sustainability initiatives.

Strategy EN4 Community Involvement

Strategy EN5 - Environmental Awareness

Strategy EN6 Sustainable Practices

Strategy EN10 – Advocacy

 

Comments:

 

The group has previously resolved to meet every second month due in large part to the frequency of timeframes for comment on environmental issues and formalisation of any submissions prepared on such issues. Over the past 12 months the MEREW Committee has met five times.   The Committee did not meet between February and June due to uncertainties at the time over the duration of social isolation requirements associated with the COVID 19 Pandemic. The meeting in June 2020 was held remotely. The current membership is 9 with the average attendance being 7 to 8.

 

Members and special guests, (both externally and Council Staff from other Sections), are encouraged to provide presentations on environmental issues of interest to the Committee. Presentations provided during 2017/18 were:

 

·        Presentation by SIMEC Representatives on methods used in repairing fractures to creek beds attributable to mine subsidence

·        Presentation by South 32 representatives on proposed vent shafts as part of the Bulli Seam Project in the vicinity of Douglas Park.

·        Presentation by Council’s Principal Planner LEP on applicable sections of the draft Local Strategic Planning Statement. 

·        Presentation by Council’s Environmental Assessment Planner on aspects of the revised biodiversity management framework and the new State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

·        Presentation by Council’s Waste Project Officer on aspects of the operation of the Bargo Waste Management Centre.

·        Council’s Natural Resource Officer attended the February 2020 meeting to provide information and answer enquiries regarding Council’s bushfire risk management responsibilities including hazard reduction.

·        Council’s Executive Planner attended the August 2019 meeting to highlight important aspects of the draft Wilton Development Control Plan and answer questions on its content.

 

RURAL INDUSTRY COMMUNITY ADVISORY COMMITTEE

Achievements in 2018/19 financial year

Relevant CSP Strategies

Industry feedback provided on the need for and use of scare guns to inform Council review of policy advice.

Covers multiple strategies

 

Continued engagement of the Local Strategic Planning Statement (LSPS) and Local Environmental Plan (LEP) Review.

Consultation with Committee members of the Draft Dam Fact Sheet, Scare Gas Guns Policy and Review of Rating Strategy, resulting in improved revisions to the Farmland Categorisation application process.

Regular updates on the Sydney Peri Urban Network of Council’s (SPUN), Agritourism Business Development Program, Bushfire Recovery, the Agriculture and Animals Regional Recovery Sub-Committee (stock not wildlife), upcoming Local Land Services Workshops and e-Planning including a demonstration.

Sought feedback from the Committee on the Community Participation Plan and Economic Development exhibition periods for the Community Participation Plan and Economic Development Strategy (EDS) noting their exhibition periods.

Presentations were made to the Committee by Dr Sam Sharpe providing an update on Agricultural Enterprise Credit Risk Scheme and Katie McRobert from Australian Farm Institute to discuss Land Use Conflict.

Proposals for next 12 months

Relevant CSP Strategies

Continue consultation process to the Local Environmental Plan Review Program including the Local Strategic Planning Statement, development of a rural lands study and amendments to the Wollondilly Local Environmental Plan 2011.

Covers multiple strategies

Provide ongoing advice on agricultural matters.

Comments:

 

The objective of the Rural Industry Community Advisory Committee is to bring together interested community members and industry partners to promote sustainable agriculture in Wollondilly.

 

Over the past 12 months the RICAC has met on four occasions, including one in Zoom webinar format, with all meetings being well attended.

 

Over the next 12 months, RICAC will continue to focus on the Local Strategic Planning Statement (LSPS) and Local Environmental Plan (LEP), take on a more strategic approach towards agriculture, advocate for a greater understanding of the needs of rural industries in the region and continue discussions around the City Deal Agribusiness Precinct.

 

HERITAGE COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Operational Guidelines and Terms of Reference noted.

Covers multiple strategies

Code of Conduct Training completed by Committee Members.

Notice of upcoming exhibitions i.e. Memories in Landscape throughout National Heritage Week.

Consultation with Committee members regarding Planning Priority 7 and Planning Priority 14.

Commenced discussions around historical stock routes and areas of Aboriginal significance.

Overview of Local Strategic Planning Statement (LSPS) and Local Environmental Plan (LEP) Review.

Proposals for next 12 months

Relevant CSP Strategies

Provide advice on the development and implementation of LEP and LSPS, with particular focus on the Rural Lands Study and Scenic Study

Covers multiple strategies

Provide ongoing advice on heritage matters.

Comments:

 

The objective of the Heritage Community Advisory Committee (HCAC) is to bring together interested community members and heritage matter experts to promote the retention of heritage listed features in Wollondilly and highlight the importance of sensitive and cultural lands.

 

Over the past 12 months the HCAC have met on three occasions, one of which was recorded as a file note as there was not enough in attendance for a quorum. During this period, the committee undertook Code of Conduct training, commenced discussions around the LSPS and LEP discussions around land with significant cultural meaning.

 

Over the next 12 months the HCAC will continue to focus on the Local Strategic Planning Statement (LSPS) and Local Environmental Plan (LEP), take on a more strategic approach with regard to heritage matters and provide advice towards studies stemming from the LSPS and LEP Review including the Scenic and Cultural Lands Studies.

 

TOURISM COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Tourism, Innovation & Business Investment Section new roles in place (restructure Apr 2019) – Project Officer – Business Investment and Digital Marketing Officer.

Strategy GR3 – Economic Development and Tourism

Strategy GR7 – Agriculture

Strategy EN7 – Agricultural Land and Capability

Eleven (11) members continue to be part of the committee.

Meeting times reviewed with meetings to start at 4:00pm and conclude at 6:00pm (from Feb 2020).

Meeting venues included the Council Gallery as well as external locations to ensure the TCAC has good insight into local Tourism Product (Camden Valley Inn, NSW Rail Museum).

Meeting frequency increased from 4 to 6 times per year (from 2020) to allow additional engagement between Council, industry representatives and community.

Adoption of ZOOM meetings (from Apr 2020) due to COVID-19.

Delivery of new Visit Wollondilly Design Elements (logo and colour palette) in consultation with committee members

Delivery of Tourism Digital Marketing Strategy in consultation with committee members.

Delivery of Tourism Social Media Guidelines.

Delivery of Visit Wollondilly Facebook and Instagram channels.

Contribution by committee into Draft Local Strategic Planning Statement - Wollondilly 2040 as part of Focus Group.

Contribution by committee members into Visit Wollondilly website site map and content suggestions for rebuild and relaunch.

Contribution by committee members for the Love the Dilly Campaign.

Tourism, Innovation & Business Investment Team delivery of monthly analytics reports for visitwollondilly.com.au and touch screens (Council and NSW Rail Museum).

Continuation of the delivery of the Wollondilly Destination Management Plan (DMP).

Agritourism industry input and updates

Proposals for next 12 months

Relevant CSP Strategies

Continuation of ZOOM meetings where possible to enable more convenience for committee members.

Strategy GR3 – Economic Development and Tourism

Strategy GR7 – Agriculture

Strategy EN7 – Agricultural Land and Capability

Provide advice on the development and implementation of game-changer and other projects and initiatives from the Wollondilly Destination Management Plan (DMP).

Provide advice and insights to help support our tourism providers and relevant businesses post COVID-19 and any other natural disasters that may propose challenges to Wollondilly.

Comments:

 

Over the past 12 months the TCAC has met on five occasions (25/09/2019, 27/11/2019, 19/02/2020, 29/04/2020 and 24/06/2020).

 

Delivery of three visitor information locations and staff tourism training was completed (Council Administration Building, Library and the NSW Rail Museum). The Tourism, Innovation & Business Investment Team has grown with two positions filled (Digital Marketing Officer and Project Officer – Business Investment).

 

A new Tourism Digital Marketing Strategy, Visit Wollondilly Design Elements, Monthly Tourism Analytics Reports, Visit Wollondilly Facebook and Instagram channels and the Love the Dilly campaign were delivered.

 

Over the next 12 months the TCAC will continue focus on taking a more strategic approach to tourism, focusing on providing advice on the delivery of projects and initiatives under the Wollondilly Destination Management Plan (DMP).

 

The committee will also focus on providing advice and insights to help support our tourism providers post bushfires, flood and COVID-19.

 

 

 

TRANSPORT COMMUNITY ADVISORY COMMITTEE

Achievements in 2019/20 financial year

Relevant CSP Strategies

Consulted on the Picton Town Centre Transport Plan with tenders awarded for the design of the intersections at either end of Prince Street and community consultation underway. The relocation of the existing footpath on Argyle Street Picton was the first recommendation form this plan to be implemented.

o   Consulted on the Picton to Tahmoor share way and provided input for the detailed design.

o   Consulted on the Bushfire Asset Damage claim.

o   Consulted on the Storm Asset Damage from February 2020

Strategy IN1 – Improve the Condition of our Road Network

Strategy IN2 – Provision of Infrastructure and Facilities

Strategy IN3 – Manage Infrastructure and Facilities

Successfully reviewed the existing 2011 bike plan and provided an addendum to the plan which has been published on Council’s website.

o   Applied for funding for intersection upgrades Barkers Lodge Road and Argyle Street, Picton.

 

Consulted on the LEP review with a presentation to the committee from Carolyn Whitten.

Applied for funding through the Safer Roads Program for road safety improvement works at various locations.

Proposals for next 12 months

Relevant CSP Strategies

Further consultation on the Picton Town Centre Transport Plan.

Strategy IN1 – Improve the Condition of our Road Network

Strategy IN2 – Provision of Infrastructure and Facilities

Strategy IN3 – Manage Infrastructure and Facilities

Apply for funding through the Safer Roads Program for road safety improvement works at various locations.

Apply for funding from the Country Passenger Transport Infrastructure Grants Scheme NSW (funding application for grant for bus shelters).

Consult on Capital Works Program, Public Transport Program and Cycleways and Footpath Program for 2020/21.

Comments:

 

Over the 2019/20 financial year the Transport CAC has met on two occasions. The current membership is four community representatives, plus representatives are invited from Transport for NSW, local Bus companies and local Chambers of Commerce.

 

Attendance at these meetings has been well attended by representatives of the agencies and an average of four community representative members per meeting.

YOUTH COMMUNITY ADVISORY COMMITTEE

Achievements in 2018/19 financial year

Relevant CSP Strategies

Secured $19,560 with Youth Opportunities Program to run free training for young people in the Shire. The project, Adulting 101, will include: free RSA and RCG training along with free Barista and Customer Service skills training. To compliment these courses the Youth Advisory Committee are also setting up a study cram group at the library, a borrowed clothing line, a PO Box to help young people apply for jobs, resume and interview skills workshops and free printing cards.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

 

First ever Youth Mental Health Summit- Sum It Up was held in the Wollondilly on 27 November 2019. Both local schools, Picton High and Wollondilly Anglican College attended along with Camden High School. The young people talked about the lack of services and the challenge with lack of transport in the area. They also spoke about how services engage with them and agreed that they would like more relatable speakers and presenters. The Youth Advisory Committee are now working towards putting these ideas into action.

Strategy CO2 – Health and Wellbeing

Strategy CO4 – Engagement and Communication

Strategy CO5 –  Advocacy

 

The committee presented at a Councillor Briefing in early March. They spoke about the Mental Health Summit outcomes, plans for upcoming events such as the Young Women in Business event, Youth Week and the areas such as climate change and sustainability.

Strategy CO3 – Social Planning

 

A Young Women in Business Event was held on Saturday 7 March 2020. This was a great success with young women from around the Shire and beyond taking part in a full day event.

There were presentations from inspirational local young businesswomen: Mia- That Marketing Girl, Emma- Atman Yoga and Hannah from Mermaid Tempest. The Wollondilly Women in Business Network and Service NSW Business Hub also made presentations.

The topics included; marketing, branding, supports and lots of advice about where to begin.

The Youth Advisory Committee is now working on expanding this event to include all local young business people. 

Strategy CO1 – Strong Community

Youth Week 2020 was scheduled for April 2020 but had been postponed. We now hope to run the planned events in the October school holidays. The events include:

o   Skate comp at Appin skate park

o   Paint and Sip workshop at the Library

o   Resume Writing workshop at the Library

o   DJ afternoon session- venue to be confirmed (18+ event)

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy CO5 – Advocacy

 

In response to the lock down, the committee decided to run an online Youth Week challenge in April 2020. The Isolation challenge encouraged young people to upload their daily challenge videos to Facebook, TikTok and Instagram using the #YouthWeekChallenge. The challenges included: showcasing hobbies, how young people were staying connected, pets keeping them company and how they were staying active. The winners received $50 gift vouchers.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

 

Again in response to the virus and lockdown the committee organised an employment survey to check in with young people that have lost their jobs, had their hours reduced or are struggling to find work during this time. This resulted in a workshop being developed and run by The Best Recruit- How to stand out and apply for jobs during COVID 19. This video has been a great resource for young people and is available online on the YAC Facebook page.

Strategy CO1 –  Strong Community

Strategy CO2 – Health and Wellbeing

Strategy CO4 – Engagement and Communication

 

Wellbeing program- at the end of April and early May the committee organised a wellbeing program for young people, again via social media. The program included a Movie Monday, Workout Wednesday and Feelin’ Fridays. A local personal trainer along with a qualified yoga teacher provided weekly workshops over the course of 4 weeks, to give young people an activity to take part in and to help maintain good mental health.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

 

‘Taking the BS out of Business’ webinar for young people held in June. The committee worked in partnership with Coutts Solicitors and Ziptak Australia to run this webinar. Both business are now working on a video from this webinar that we will be sharing on social media so we can reach more young people and it is a resource we can us again.

Strategy CO1 – Strong Community

 

The committee is also supporting the Inclusive Communities Wear it Purple Day project. The ‘Share your story’ project will be showcased on August 28 via online forums.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

Proposals for next 12 months

Relevant CSP Strategies

The committee plans to continue to develop and deliver videos to support young people with employments and access to services.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

Youth week 2020- postponed Youth Week is due to be held in the September/ October school holidays

o   Skate comp at Appin Skate Park Saturday 26 September (TBC)

o   Resume Writing workshop 06 October (TBC)

o   Paint and Sip Saturday 10 October (TBC)

o   DJ afternoon (TBC)

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy CO5 –Advocacy

 

Adulting 101 project (Youth Opportunities Funding)

o   RSA and RCG and Barista and Customer Service training will be provided from 28 September to 07 October

o   Study cram and the other components of the project will more than likely now happen from Feb 2021.

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

 

Mental health month project- the committee is currently working on a video project that will be launched at the local schools in October. The video is aimed at showing young people the steps they need to take to access mental health services. The committee envisions a relatable, easy to follow guide for mental health care in the Wollondilly. The project is a partnership with YAC, ReFrame and You In Mind.  We have secured funding through the Local Health District and have also applied for a grant through Way Ahead Mental Health Month Grants. Some of the Council youth budget will also be used for this project. 

Strategy CO1 – Strong Community

Strategy CO2 – Health and Wellbeing

Strategy CO4 – Engagement and Communication

 

Young people in business- the committee intends to plan and host another business event but face to face so we will wait until it is safe to do so.

Strategy CO1 – Strong Community

 

Youth Week 2021- the committee will also be planning events for April 2021 Youth Week.

Strategy CO1 – Strong Community

Strategy CO4 – Engagement and Communication

Strategy CO5 –Advocacy

 

Comments:

It has been a really busy year for the Wollondilly Youth Advisory Committee but they have really risen to the challenges thrown at them and have developed some great projects and events for local young people.

 

Consultation

Consultation was undertaken with the relevant Committee Convenors and their comments and observations are included in the table above.

Financial Implications

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

Attachments

Nil


Ordinary Council Meeting Agenda

18 August 2020

 

15.3       Investment of Funds as at 30 June 2020

File Number:           12275#52

 

Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 30 June 2020.

Recommendation

That the information and certification in relation to the investment of Council funds as at 30 June 2020 be noted.

 

Report

At its last meeting, the Reserve Bank decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian government bonds of 25 basis points. In relation to the domestic market, the Board of the Reserve Bank commented that:

 

“The global economy has experienced a severe downturn as countries seek to contain the coronavirus. Many people have lost their jobs and there has been a sharp rise in unemployment. Leading indicators have generally picked up recently, suggesting the worst of the global economic contraction has now passed. Despite this, the outlook remains uncertain and the recovery is expected to be bumpy and will depend upon containment of the coronavirus. Over the past month, infection rates have declined in many countries, but they are still very high and rising in others.

Globally, conditions in financial markets have improved. Volatility has declined and there have been large raisings of both debt and equity. The prices of many assets have risen substantially despite the high level of uncertainty about the economic outlook. Bond yields remain at historically low levels.

In Australia, the government bond markets are operating effectively and the yield on 3-year Australian Government Securities (AGS) is at the target of around 25 basis points. Given these developments, the Bank has not purchased government bonds for some time, with total purchases to date of around $50 billion. The Bank is prepared to scale-up its bond purchases again and will do whatever is necessary to ensure bond markets remain functional and to achieve the yield target for 3-year AGS. The yield target will remain in place until progress is being made towards the goals for full employment and inflation.

The Bank's market operations are continuing to support a high level of liquidity in the Australian financial system. Authorised deposit-taking institutions are continuing to draw on the Term Funding Facility, with total drawings to date of around $15 billion. Further use of this facility is expected over coming months.

The Australian economy is going through a very difficult period and is experiencing the biggest contraction since the 1930s. Since March, an unprecedented 800,000 people have lost their jobs, with many others retaining their job only because of government and other support programs. Conditions have, however, stabilised recently and the downturn has been less severe than earlier expected. While total hours worked in Australia continued to decline in May, the decline was considerably smaller than in April and less than previously thought likely. There has also been a pick-up in retail spending in response to the decline in infections and the easing of restrictions in most of the country.


 

Notwithstanding the signs of a gradual improvement, the nature and speed of the economic recovery remains highly uncertain. Uncertainty about the health situation and the future strength of the economy is making many households and businesses cautious, and this is affecting consumption and investment plans. The pandemic is also prompting many firms to reconsider their business models. As some businesses rehire workers as demand returns, others are restructuring their operations.

The substantial, coordinated and unprecedented easing of fiscal and monetary policy in Australia is helping the economy through this difficult period. It is likely that fiscal and monetary support will be required for some time.

The Board is committed to do what it can to support jobs, incomes and businesses and to make sure that Australia is well placed for the recovery. Its actions are keeping funding costs low and supporting the supply of credit to households and businesses. This accommodative approach will be maintained as long as it is required. The Board will not increase the cash rate target until progress is being made towards full employment and it is confident that inflation will be sustainably within the 2–3 per cent target band.”

 

 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 30 June 2020 is summarised on the following page.

 

Details of Council’s investment portfolio as at 30 June 2020 are provided in attachment 1.

 

Consultation

Independent advice regarding the investment of Council funds was provided by Prudential Investment Services Corp and a portfolio review has been undertaken to ensure that the portfolio remains appropriate in the current environment.

 

The advice of Prudential Investment Services is that “Council has a well diversified portfolio of term deposits and bank issued bonds from the highest quality institutions in Australia.  No change in Council’s investment strategy is recommended in response to the current market conditions.”

 

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 30 June 2020 was $430,883.

The chart below compares actual interest received to date with budgeted interest for the year.

 

Interest for the month of June represented an increase of 1.58% pa vs the bank bill benchmark of 0.09% pa for the month.

 

The Floating Rate Note capital value component of Council’s portfolio value continued to improve during June.

 

The Reserve Bank of Australia has continued to keep interest rates low.

Certification

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

 

Clair Hardy

Chief Financial Officer

WOLLONDILLY SHIRE COUNCIL

 

Attachments

1.       Investment Report for June 2020     


Ordinary Council Meeting Agenda

18 August 2020

 

16          Notice of Motion/Rescissions

16.1       Notice of Motion - Policy for Surveillance of Council Assets

File Number:           12275#55

 

I, Councillor Michael Banasik, intend to move the following motion:

 

Motion

That Council consider the formulation, including a broad community consultation process, of a public space surveillance Policy that would enable the future installation of security cameras at public places, during the drafting of the 2020/21 Operational Plan.

 

BACKGROUND

The installation of security cameras would allow for surveillance of our public spaces such as playgrounds, sports grounds, halls and car parks to help prevent vandalism, anti-social behaviour and improve security for Council’s assets.  The adoption of a Policy would then enable Council to apply for public space security grants to fund the implementation of a security camera regime.

 

CEO’s Comment

 

This motion, if adopted, can be addressed within existing operational resources to address this matter.

 

 

Attachments

Nil    


Ordinary Council Meeting Agenda

18 August 2020

 

17          Closed Reports  

Recommendation

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

17.1       Proposed Acquisition  Lot 253 DP 40109 Charlies Point Road, Bargo - Effluent Ponds Site

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

Commercial information of a confidential nature.

17.2       Mayoral Minute - CEO Annual Performance Review 2019/20

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

The report and discussion is of the CEO's Annual Performance Review 2019/20.

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

 

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

 

 

 

 


Ordinary Council Meeting Agenda

18 August 2020

 

18          Questions for Next Meeting

No reports this meeting