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

 

Date:

Tuesday, 17 November 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

 

17 November 2020

 

 

 

 

Ben Taylor

Chief Executive Officer

 


Ordinary Council Meeting Agenda

17 November 2020

 

 


Ordinary Council Meeting Agenda

17 November 2020

 

Order Of Business

1          Opening. 5

2          Recording of the Meeting. 5

3          Webcast Notice. 5

4          National Anthem.. 5

5          Acknowledgement of Country. 5

6          Apologies and Leave of Absence Requests. 5

7          Declaration of Interest 5

8          Confirmation of Minutes. 5

9          Items to be Tabled. 5

10       Mayoral Minute. 6

10.1          Mayoral Minute. 6

11       Sustainable and Balanced Growth. 7

11.1          Notification of Draft Planning Agreement - Cross Street Tahmoor 7

11.2          Draft Amendments to Wollondilly Development Control Plan 2016 - Site Specific Controls for Cross Street, Tahmoor Planning Proposal 11

12       Management and Provision of Infrastructure. 25

12.1          Lease - Part Lot 7005 DP 92838 - 157-187 Menangle Street, Picton - Victoria Oval 25

12.2          Funding Strategy for the Redbank Reserve Master Plan. 27

12.3          Initial Categorisation of Council managed Community Land under Crown Land Management Act 2016 - Pot Holes Reserve (R63661) 29

13       Caring for the Environment 32

13.1          Wollondilly Tree Management Policy. 32

14       Looking after the Community. 34

14.1          Financial Assistance: Sponsorship. 34

14.2          Australia Day Awards Community Advisory Committee. 36

14.3          Youth Community Advisory Committee. 37

14.4          Green Wattle Creek Bushfire Recovery Forums. 38

15       Efficient and Effective Council 41

15.1          Adoption of the Draft Code of Meeting Practice. 41

15.2          Annual Financial Statements for the year ended 30 June 2020. 43

15.3          Investment of Funds as at 30 September 2020. 46

15.4          Quarterly Budget Review Statement for the period ended 30 September 2020. 50

16       Notice of Motion/Rescissions. 52

16.1          Notice of Motion - Mary Walker Memorial Pool Warragamba Extending Business Hours  52

16.2          Notice of Motion - Request Release of Picton Bypass Studies. 53

 

 

17       Closed Reports. 54

17.1          Acquisition of Land for Public Purpose - Stormwater Drainage Works and the Provision of Stormwater Management - Lot 8 DP 23894, 58 Steveys Forest Road, Oakdale. 54

17.2          Road Widening and Acquisition of Land Part Lots 213 DP 1109177 & Lot A DP 160940 213 Menangle Street Cnr Prince Street, Picton. 54

17.3          Proposed Leases - Tahmoor Community Centre - Part Lot 46 DP 730919,  6 Harper Close Tahmoor 54

18       Questions for Next Meeting. 55

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 publicly available for viewing on Council’s website.

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

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

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

Ordinary Council Meeting - 20 October 2020

9            Items to be Tabled

Disclosure of Interests Register – 2019/20

At Item 15.4 – Current List of Projects Comprising the Capital Works Program.

 


Ordinary Council Meeting Agenda

17 November 2020

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           12275#115

 

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

17 November 2020

 

11          Sustainable and Balanced Growth

11.1       Notification of Draft Planning Agreement - Cross Street Tahmoor

File Number:           12275#96

 

Executive Summary

On 19 February 2019, Council considered a post exhibition report on the Cross Street Planning Proposal. Council resolved to support the planning proposal, however also resolved (in part):

1.  That Council notes that satisfactory arrangements in regards to provision of local infrastructure have not been achieved at this point.

…3(b) that Council may exercise plan making powers once Council is satisfied that suitable arrangements have been made in respect of local infrastructure required to support the development.

Since that meeting, Council officers have been seeking to negotiate a Planning Agreement to ensure suitable arrangements in respect of local infrastructure. Officers have negotiated what is considered to be the most advantageous position for Council, acting reasonably, as set out in the attached final Planning Agreement submitted to the proponent.

It is noted that this Planning Agreement includes development contributions plus a significant and unprecedented dedication of 72 hectares of environmental conservation bushland to Council and, with it, the responsibility for managing this bushland. On balance it is recommended that Council accept this offer due to the public benefit of this land being in public ownership and publicly accessible, however this also creates significant liabilities for Council. As such, there may be value in advocating that the NSW Government include this land in its National Park Estate as part of the foreshadowed Bargo-Nepean National Park.

Should Council resolve to publicly exhibit the Planning Agreement, a further report will be brought to Council following exhibition for Council to consider exercising its plan making powers if it is satisfied that suitable arrangements have been made in respect of local infrastructure required to support the development.

Recommendation

That Council:

1.       Receive and note this report;

2.       Delegate authority to the CEO to approve minor amendments to Council’s final Planning Agreement submitted to the proponent on 29 October 2020 and thereafter publicly notify the Planning Agreement; and

3.       Receive a further report advising notification outcomes.

Report

An Offer and Draft Planning Agreement for land subject to the Cross Street Planning Proposal site were made to Council on 26 October 2018 by Ingham Property Development which comes with an unprecedented proposal for dedication of 72 hectares of bushland to Council, plus a park and future stormwater facilities (with maintenance contributions). The draft VPA does not exclude Section 7.11 Development Contributions from any future development application.

This report is made to Council noting the significant time and resources spent by senior Council officers negotiating in good faith and attempting to secure a net community benefit in line with the expectation of Council and community, and based on previous verbal commitments put forward by the applicant prior to the February 2019 Council meeting.

 

Description of VPA Offer

The table below summarises the Development Contributions offer in the draft VPA.

Development Contribution

Value in Offer

Comments

Progress Street Carpark

Construction of ten (10) car parking spaces to of a 2 coat bitumen seal standard and landscaping

$40,000

The agreement will require construction to Councils Engineering specification or otherwise as approved in a development consent. 

Traffic Calming measures generally in the location, and to the standard, shown in Annexure 5 for the purpose of a wildlife crossing and wildlife protection.

NIL proposed

The Council requires these works as the design and layout of the development is likely to funnel wildlife to these crossings points.

The agreement will require construction to Councils Engineering specification or otherwise as approved in a development consent. 

Cross Street Park

 

Dedication of 5,000 sqm of land (free of cost) and Play equipment to approximately 100sqm of soft play material (such as mulch) in the area of the play equipment, a fence surrounding the play equipment/soft play material area, Shade structure and Bench seats.

$300,000

The agreement has been updated to ensure the the absolute minimum embellishment works for drainage, construction of pathways connecting all streets fronting the park, seeding of grass as necessary within the entirety of the land, and the installation of bike paths connecting the land with the adjoining Tahmoor development to the north of Cross Street.

Pathways

$45,000

Construction of 1164m x 2m wide pathways

4 Picnic Areas

$52,800

We agree with this value.

Viewing vantage points

NIL Proposed

This is a very significant item for up to 4 viewing points.  Safe viewing vantage points are required to manage the safety of bushwalkers and casual visitors who will want to take in the ‘National Park style’ views at the cliff edge of the Bargo River Gorge. A NIL value is being proposed for these works. As a minimum measure, Council has requested that suicide prevention fencing be provided.

Detention Basin Maintenance

$819,600 (being $204,900 per basin with 4 basins expected)

We agree with these values.

Share Path to Tahmoor Town Centre

$300,000

This will be a monetary contribution to Council to build a shareway between the development and Remembrance Driveway along Progress Street.

The value is considered generally acceptable however these are proposed to be works to be undertaken by Council and will have to added to an already full Capital Works Program.

Total

$1,367,600*

 

*Note – the majority of the offer consists of the value of the detention basins in accordance with Council’s Dedication of Land Policy.  Also other works such as the sharepath would be considered direct development costs and conditioned accordingly in a future DA.  Contributions in accordance with the adopted Development Contributions Plan will also apply at a rate of $20,000 per lot.

Bushland and Park

In addition to the above listed development contributions, the offer proposes a significant and unprecedented dedication of 72 hectares of environmental conservation bushland to Council and with it, the responsibility that comes with managing land that is of National Park quality.

The land will be protected by an Environmental Zoning and by the Biobanking Agreement, regardless of whether any land is dedicated to Council. Council ownership does not alter any environmental values of the bushland, nor does it come with any direct benefits for Council beyond enabling public access to what is currently privately owned land. On the contrary, it creates potential liabilities for Council and enabling public access also would establish risk that does not currently exist.

Both the Bushland and Cross Street Park are proposed to be zoned as Environmental land under the Planning Proposal. The associated funding impacts on Council are discussed under financial implications.

Should Council determine not to accept the dedication of 72 hectares of bushland, but still proceed with making the planning proposal, this land would be zoned E2 and as such would benefit from the protections this affords. However, it would not be publicly accessible unless the landowners deemed to enable public access.

On balance it is recommended that Council accept this offer due to the public benefit of this land being in public ownership and publicly accessible, however as outlined above this also creates significant liabilities for Council. As such, there may be value in advocating that the NSW Government include this land in its National Park Estate as part of the foreshadowed Bargo-Nepean National Park. This land is also identified in the draft Cumberland Plain Conservation Plan.

It is noted that both parties disagreed on the timing of the transfer of the land in the biobanking agreement. Council has supported the planning proposal to date on the basis that land required for housing can be cleared under a biocertification arrangement (currently with ESS), which nominates land to be protected under a biobank agreement.  While ever there is development occurring within the Cross Street Planning Proposal site, the entire site is effectively a construction zone. The area has heightened risks of dumping, damage, destruction of property and the like.  This is not an ideal situation for either public access, and it also increases financial and public risks to Council. To minimise both of these risks, in line with Council policy, land transfer is not recommended until 5 years following end of construction.

Consultation

The Environmental Planning Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000 requires a draft Planning Agreement and Explanatory Note to be notified for a period not less than 28 days.  A future report will be prepared for Council on submissions received during the Notification process.

It is advised that should any changes to the draft VPA occur following Notification, that this will necessitate the VPA having to be re-notified for at least another 28 days.

Should Council resolve to publicly exhibit the Planning Agreement, a further report will be brought to Council following exhibition for Council to consider exercising its plan making powers if it is satisfied that suitable arrangements have been made in respect of local infrastructure required to support the development.

Financial Implications

Should Council determine to support this Planning Agreement and accept the offer of the dedication of land, the management of this land would be an additional cost for Council. At this stage, there has been a commitment by the developer to sign the Biobanking Agreement before a construction certificate is executed.  $2.7M is required to be deposited by the developer into the Environmental Stewardship Fund to fund bushland maintenance and this would be used by Council for management of the land.

With regard to the proposed viewing platforms, it is noted that Council has no precedent for managing these types of works as they are not the core business of Council and traditionally managed by National Parks.

It is noted that this VPA does not offset Section 7.11 development contributions and these will be in addition to the contributions outlined in the VPA.

It is also noted that any new planning agreements are normally negotiated with a plan administration levy.  Given the age of this particular offer, Council officers have not sought this cost acting reasonably in the circumstances.

 

Attachments

1.       Draft Planning Agreement Cross Street Tahmoor    


Ordinary Council Meeting Agenda

17 November 2020

 

11.2       Draft Amendments to Wollondilly Development Control Plan 2016 - Site Specific Controls for Cross Street, Tahmoor Planning Proposal

File Number:           12275#95

 

 

Location:                               Cross Street Planning Proposal Site

Lot & DP:                              Lot C, DP 374621, Lots 1-6, DP 1128745 and Lot 255, DP 10669

Planning Proposal:              Cross Street, Tahmoor Planning Proposal

Proposal Changes:              Amendments to Volumes 2, 3 and 4 of Wollondilly Development Control Plan 2016 to include site specific controls.

 

Executive Summary

The purpose of this report is to seek Council’s support to publicly exhibit proposed amendments to Wollondilly Development Control Plan 2016 (WDCP).

These draft controls have been prepared in conjunction with the Cross Street, Tahmoor Planning Proposal, which is in the process of being finalised as per the Council resolution of February 2019 pending resolution of outstanding planning matters.

These development controls are proposed to ensure good planning outcomes for future residents and the wider Tahmoor community. The draft controls notably seek to achieve the following outcomes:

·    walkability and connectivity;

·    limited impacts on water quality;

·    creation of sense of place;

·    reduction in the visual impacts of development; and

·    site appropriate landscaping and protection of biodiversity including existing mature trees, koala habitat and fauna present on the site.

Recommendation

That Council:

1.       Supports the public exhibition of the draft amendments to the Wollondilly Development Control Plan 2016 in accordance with Council’s Community Participation Plan;

2.       Notifies the proponent and landowner of Council’s decision; and

3.       Notes that a further report will be provided to Council on the outcomes of the public exhibition and any recommended amendments to the draft controls arising from public submissions.

 

REPORT

Background

The Cross Street, Tahmoor Planning Proposal seeks to rezone approximately 155 ha of rural land at East Tahmoor to enable low density and large lot residential development and the conservation of environmentally sensitive land. A total of 253 lots are proposed with access from Cross Street, River Road and Progress Street.

At the 18 February 2019 Ordinary Council Meeting, Council resolved to support the finalisation of the Cross Street Planning Proposal on the basis that a Voluntary Planning Agreement (VPA) and Development Control Plan (DCP) be prepared and finalised prior to the rezoning of land.

The Draft VPA for the site is being reported to this Council meeting concurrently with the draft DCP controls to ensure they are both publicly exhibited together. These matters are being progressed, while unresolved Sydney Water, biodiversity and evacuation matters are further discussed. 

The Cross Street, Tahmoor Planning Proposal

The Cross Street Planning Proposal was initially submitted to Council in December 2013. A resolution to support the planning proposal was moved at an Ordinary Council Meeting held on 22 April 2014. Further studies and technical information were requested at subsequent Council meetings on 17 November 2014 and 18 July 2016 to address the proposed buffer arrangements to the Bargo River Gorge and to prepare a Biocertification Strategy for the site.

A Gateway Determination for the Planning Proposal to proceed was received in July 2014. A number of gateway alterations have been requested since this time to extend the deadline for finalisation, which is currently 30 September 2019.

The Planning Proposal was placed on public exhibition for a period of 28 days between 11 April and 14 May 2018. A total of 9 submission from community members as well as a number of submissions from government agencies were received during the exhibition period.

Following formal public exhibition, the Proposal was again supported by Council at an Ordinary Meeting held 18 February 2019, where Council resolved to support the proposal and prepare it for submission to the Parliamentary Counsel’s Office and the Department of Planning, Industry & Environment.

 

                      

FIGURE 1: Location map of subject site Southeast of Tahmoor.

 

FIGURE 2: Concept Plan for Cross Street, Tahmoor planning proposal

Site Context

The site adjoins two planning proposal sites that have recently been rezoned for residential use. These include the East Tahmoor Revised Precinct Planning Proposal to the north-west which allows for low-density residential development and the JR Stud Planning Proposal to the northeast which enables large lot residential development. The western end of the site adjoins a Turkey Processing Plant and rural residential land. To the south, the site is bounded by the Bargo River and Bargo Gorge.

The site is traversed by four watercourses which are tributaries to the Bargo and Nepean Rivers. Approximately half of the site is partially cleared, comprising pasture grasslands with dense riparian vegetation located along the four creek lines.

Most of the site is currently zoned RU4 Primary Production Small Lots with a minimum lot size of 2ha and no maximum building height. Portions of Lots 2-4 around the Bargo River include land zoned E2 Environmental Protection.

 

Proposed Amendments to the Wollondilly Development Control Plan 2016

The proposed amendments cover three different volumes of the DCP. These include: Volume 2 – Urban Release Area Controls; Volume 3 – Subdivision of Land; and Volume 4 – Residential Development.

An outline of the new controls along with an explanation for each control is provided on the following page. 

 

 

 

New site specific controls proposed for inclusion in DCP Volume 3 (Subdivision of Land):

Proposed Part

Control number

New Control

Reason for implementation

3.15.2 General Controls

1

All development is to be undertaken generally in accordance with the Concept Plan at Figure 2.

This control will ensure that future subdivision DAs adhere to the concept plan and street layout shown in Figure 2.

2

The land is taken to contain potentially contaminated land and any future subdivision development application must be accompanied by a Detailed Site Assessment in order to satisfy the requirements of Clause 7(1) of State Environmental Planning Policy 55 – Remediation of Land.

This control was put forward by the Environment Protection Authority (EPA) due to the likelihood of contamination on certain parts of the site from previous intensive farming uses. Conducting a detailed site assessment will ensure that contaminated areas are identified and remediated

3

In the event that any land to be dedicated to Council requires remediation to make the site suitable for the development, then the remediation of that land shall occur prior to dedication. Land shall be remediated in accordance with the requirements of the relevant guidelines and policies.

This control ensures that land identified in the detailed site assessment that is to be dedicated to Council, must be remediated prior to transfer of the land. This will avoid any undue burden on Council to remediate the land. This requirement is not currently in draft planning agreement.

4

If the Detailed Site Assessment outlines any contamination management is needed for the site, an EPA accredited Site Auditor shall provide assurance that the contamination management has been undertaken appropriately to ensure that the land is suitable for residential use.

This will ensure that any remediation undertaken for the site has been carried out correctly to avoid any impacts on future residents and the surrounding environment.

5

An odour assessment must be conducted prior to determination of the development application to ensure that odour from the nearby Turkey Processing Facility has reduced to an acceptable level for the site.

The Turkey processing facility (abattoir) was recently connected to reticulated sewer in order to significantly reduce odour. This control will ensure that odour has in fact reduced to an acceptable level for the site.

6

A Plan of Management outlining appropriate measures to protect Aboriginal sites and drainage channel exclusion zones will need to be completed to the satisfaction of Council prior to consent being granted. If Aboriginal objects are to be harmed as part of development, a Section 90 Aboriginal Heritage Impact Permit (AHIP) must be sought and granted for these objects prior to the commencement of works.

This control was put forward by NSW Office of Environment and Heritage (OEH) as an adequate protection measure for aboriginal sites and objects located within the development.

7

Power lines are to be located below ground.

This control ensures power lines are located below ground to improve the visual amenity of the site.

8

A waste management strategy must be prepared for subdivision applications containing biobank lands and must consider appropriate protections for this land, such as bollards at entrances to the land to limit vehicular access.

This control will protect the biobank lands from illegal dumping and illegal vehicular access.

9

Lots equal to or greater than 4000m2 must be provided with boundary fences (front, back and sides) that are see-through rural style fencing (timber post and rail with chicken wire mesh detail) to a maximum height of 1200mm. This control doesn’t apply for boundaries shared with biobank lands.

These controls will assist in creating a ‘rural feel’ and a sense of place for the larger lot areas of the site through country style wooden fencing and gates.

10

Entrance gates should be constructed from timber and be traditional in style.

11

Details of restrictions regarding fencing and gates shall be included within a Section 88B instrument to accompany any application for a subdivision certificate and shall be registered on the title of all affected lots.

This controls seeks to ensure that boundary fencing and gates for larger lots remains a feature of the development site into the future after subdivision occurs.

3.15.3 Road and Footpath Controls

1

Traffic calming measures, such as raised pedestrian crossings, are to be provided around the public park.

This control seeks to create a more pedestrian friendly and safe environment surrounding the public park. Slowing traffic around the park will hopefully reduce the possibility of pedestrian/car collisions.

2

The linkage road adjoining the central and eastern residential sections of the site dissecting the bushland areas must be designed to allow for the effective and unfettered movement of fauna across the road and within the development site. This demonstration must include the following as a minimum: … (to see entire control, please see attached DCP).

To facilitate safer wildlife crossing between biobank lands intersected by roads.

3

Footpaths must be provided across the development (to see entire control, please see attached DCP).

This control explicitly outlines how footpaths will be provided across the site. The provisions of footpaths on every road in the development will promote and facilitate active transport and use of nearby proposed recreational facilities.

4

Raised thresholds/pedestrian crossings are to be provided for every pedestrian entry into biobank land.

Consideration was given that for every pedestrian entrance into the biobank lands, the footpath would be on the opposite side of the road. This control seeks to provide a safe method for crossing the road and to complete/complement the proposed pedestrian network.

This requirement is not currently in draft planning agreement

3.15.4 Stormwater Controls

1

Any subdivision application must be assessed against and meet the requirements and targets outlined in Wollondilly’s Water Sensitive Urban Design Guidelines

This control will ensure that Wollondilly’s WSUD Guidelines are adhered to for the development. These guidelines seek to improve the quality of stormwater, reduce runoff and integrate stormwater treatment into the landscape.

2

The development must be ‘zero impact’ and meet the targets outlined in Council’s Draft Integrated Water Management Strategy.

Similar to the above, this control ensures that development meets targets in Council’s Integrated Water Management Strategy. This strategy outlines how development can achieve zero impact on water quality for the site and surrounding water bodies.

3

Any application for subdivision must include a Water Sensitive Urban Design (WSUD) Plan which outlines how an overall zero impact on stormwater quality can be achieved for the site. The plan must outline how measures will be implemented to ensure zero impact can be maintained over time. The plan must include:… (to see entire control, please see attached DCP).

The preparation of a WSUD Plan would ensure that the above targets and requirements are met and maintained over time.

3.15.5 Protecting Biodiversity on Certified Land (lots <4000m2)

1

Asset protection zones must not intrude into biobank lands and must be established and maintained in accordance with the applicable Rural Fire Service (RFS) Planning for Bushfire Protection guidelines.

The purpose of Asset protection zones (APZ) is to create a buffer between homes and bush fire prone land/vegetation. If APZs were to overlap with biobank lands, this would necessitate clearing of some of the critically endangered habitat in the biobank lands. This control prevents the above scenario from occurring.

2

Driveways shall not be located within 3 metres of major trunks of retained trees or in a location that will impact on the approved location of public utilities.

This control seeks to reduce damage to driveways and public utilities from tree roots. It also prevents removal of trees on the grounds of property damage.

3

A Fauna Management Plan must be prepared for any subdivision application. The plan must be prepared and implemented by a suitably qualified ecologist during the construction phase and must address the following requirements:

a.   Measures must be prepared to prevent impacts from tree removal on any fauna present on the site.

b.   Protocols must be prepared for the identification and relocation of fauna present on the site during construction and for the care of injured fauna.

c.   Procedures must be prepared for the inspection of all trees to identify any previous presence of koalas, such as scratch marks.

d.   Trees with hollows or nests on certified land must be retained unless suitable demonstration is provided to Council that the removal of such trees cannot be avoided. If this is the case, the hollow or nest must be relocated to biobank lands or an equivalent number of nest boxes built and installed as per relevant guidelines such as Build your own Wildlife Nest Box: A guide for Western Sydney, LLS, 2017.

The controls will ensure that the impacts of development and tree clearing are minimised as much as possible on the site. It will also ensure that fauna present on the site are properly considered during construction.

Tree hollows and nests are used by several animal species for shelter, etc. The controls provides a number of protections to ensure retention, relocation or replacement of all tree hollows and nests to minimise the impacts of development on biodiversity.

3.15.6 Protecting Biodiversity on Certified Land (lots >4000m2)

1

Development adjoining biobank lands shall be designed and carried out in a manner that does not impact in any form on the condition of the biobank land.

This control seeks to prevent impacts of development on biobank lands.

2

The development must retain existing mature trees that are greater than 10 metres in height, where reasonably possible, to provide ‘stepping stone’ vegetation and liveability and aesthetic benefits. This is to be achieved through a final lot layout and building envelopes that are designed to minimise the need to remove trees. 

This control seeks to prevent mature trees from being cleared on larger lots in the development. This control is for trees that do not fall under the biodiversity certification agreement.

3

Driveways shall not be located within 3 metres of major trunks of retained trees or in a location that will impact on the approved location of public utilities.

This control seeks to reduce damage to driveways and public utilities from tree roots. It also prevents removal of trees on the grounds of property damage.

4

The development application must include procedures for the collection of native seeds in the certified land where ecological communities (as identified by mapping within the Biocertification Application/Agreement) and other stands of remnant native vegetation are located. The following process must be undertaken:… (to see entire control, please see attached DCP).

This control assists the conservation works of Wollondilly Community Nursery through collection of the native seeds of critically endangered trees and vegetation.

5

A Fauna Management Plan must be prepared for any subdivision application. The plan must be prepared and implemented by a suitably qualified ecologist during the construction phase and must address the following requirements:

a.   Measures must be prepared to prevent impacts from tree removal on any fauna present on the site.

b.   Protocols must be prepared for the identification and relocation of fauna present on the site during construction and for the care of injured fauna.

c.   Procedures must be prepared for the inspection of all trees to identify any previous presence of koalas, such as scratch marks.

d.   Trees with hollows or nests on certified land must be retained unless suitable demonstration is provided to Council that the removal of such trees cannot be avoided. If this is the case, the hollow or nest must be relocated to biobank lands or an equivalent number of nest boxes built and installed as per relevant guidelines such as Build your own Wildlife Nest Box: A guide for Western Sydney, LLS, 2017.

The controls will ensure that the impacts of development and tree clearing are minimised as much as possible on the site. It will also ensure that fauna present on the site are properly considered during construction.

Tree hollows and nests are used by several animal species for shelter, etc. The controls provides a number of protections to ensure retention, relocation or replacement of all tree hollows and nests to minimise the impacts of development on biodiversity.

3.15.7 Landscape and Weed Controls

1

Street trees are required adjacent to footpaths along all street frontages that are required to have a footpath as per 3.15.2 of this plan.

This control ensures that street trees are planted along all of the streets in the development. Providing shade, visual amenity and biodiversity benefits.

2

A detailed Landscaping Plan is required for all subdivision development applications involving land outside the biobank areas.

This control seeks to enable and promote the orderly and planned planting of trees and vegetation on the site.

3

A three metre wide corridor adjacent to biobank lands must be free of trees to maintain the effectiveness of fencing.

This control will ensure that koalas cannot bypass fencing through tree canopies.

4

Landscaping in the proposed parklands shall comprise of an appropriate mix of canopy trees, shrubs and groundcovers.

This control will lead to a diversity in vegetation sizes and coverage for landscaping undertaken on the site.

5

Kikuyu Grass shall not be used in landscaping around drains or in native landscape areas adjacent to the biobank lands.

This control ensures that kikuyu grass, which can become a noxious weed, is not inappropriately located for certain parts of the site.

6

Earthworks, including cut and/or fill must be minimised in order to retain the natural contours of the land.

To minimise earthworks and modification of the natural slope and contours of the land.

7

Retaining walls between two adjoining lots should not exceed 0.5m in height.

8

Weeds should be reduced by a minimum of 95% on certified land compared to pre development prior to the issuing of any construction certificate. The following information must be provided in a Weed Eradication and Management Plan with the development application:… (to see entire control, please see attached DCP).

To ensure a significant reduction in weeds on the site to promote biodiversity and protect the biobank area from weed infestations.

9

A suitable number of trees must be planted in any proposed park or reserve as part of a subdivision application. The planted trees must a tree listed in the ‘Park Tree Species List’ column in Table 1.

To ensure provision of a suitable number of trees in the proposed park that are endemic species to the Tahmoor area.

10

Any street trees planted as part of the development must be a tree listed in the ‘Street Tree Species List’ column in Table 1. Every tree listed in this column must be represented in street tree planting across the site.

To ensure that street trees planted in the development are endemic to the Tahmoor area.

 

 

 

New site specific controls proposed for inclusion in DCP Volume 4 (Residential Development):

Proposed Part

Control number

New Control

Reason for implementation

4.9.2 General Controls

1

Dwellings constructed on lots highlighted on Figure 2 must be no more than one storey in height.

To reduce the visual prominence of houses from surrounding vantage points, including: proposed lookouts and pathways on the site, the gorge itself, Mermaid Pools, Wilton and land on the opposite side of the gorge. The land highlighted on Figure 2 has been selected due to the topography of land at these locations, which causes it to be highly visible to one or more of the above locations/vantage points. The inclusion of the central ‘spine’ of development was due to it arguably being the most prominent point in the development when compared to the ‘Eastern lobe’ and other sections.

2

The roof of any dwelling or ancillary building located on lots highlighted on Figure 2 must be a natural earth tone colour and avoid using reflective or bright materials. Bright and/or glaring colours such as whites, greys, dark greys and blacks shall not be used.

3

Asset protection zones must not intrude into biobank lands and must be established and maintained in accordance with the applicable Rural Fire Service (RFS) Planning for Bushfire Protection guidelines.

The purpose of Asset protection zones (APZ) is to create a buffer between homes and bush fire prone land/vegetation. If APZs were to overlap with biobank lands, this would necessitate clearing of some of the critically endangered habitat in the biobank lands. This control prevents the above scenario from occurring.

4

The boundary fencing of any lot highlighted on Figure 2 must be see-through and any new fencing should be post and rail with chicken wire mesh detail or similar to a maximum height of 1200mm.

These controls are a continuation of controls located in Volume 3 to ensure that rural style fencing and gates remain an attribute of the larger lot areas of the site into the future. In the event that fences are destroyed or not constructed, this control will promote re-establishment / completion of the fencing.

5

Entrance gates for any lot highlighted on Figure 2 should be constructed from timber and be traditional in style.

6

New driveways on lots highlighted at Figure 2 must follow the contours of the landscape and minimise cut and fill.

To minimise earthworks and modification of the natural slope and contours of the land.

7

Earthworks including cut and/or fill must be minimised in order to retain the natural contours of the lot.

 

 

 

 

New site specific controls proposed for inclusion in DCP Volume 2 (Urban Release Areas):

LEP Requirement

New Control

Council Comment / Reason for implementation

(a)  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

Development of the land is to be staged in a manner that:

§ minimises impacts on the biobank lands and existing vegetation; and

§ ensures appropriate construction, maintenance and provision of facilities proposed to be used for public purposes.

This control outlines the main objectives that should be considered in preparing the staging plan for the development. The requirement will also be met through the proposed staging of public infrastructure that is to be dedicated to Council within set timeframes.

(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

A transport movement hierarchy as described in Section 6.3 (3)(b) of Wollondilly LEP must be provided with any subdivision application. The hierarchy shall not contravene site specific footpath requirements outlined in Volume 3 of the DCP.

Provision of a transport movement hierarchy will ensure a connected and complete road and pedestrian network for the development in keeping with proposed controls for Volume 3 of the DCP.

(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

No additional controls put forward.

This requirement is met through the landscaping controls in proposed Section 3.15.7 in Volume 3 of the DCP (see above). The requirement is also met through the biobank and biocertification agreements for the site.

(d)  a network of passive and active recreational areas,

No additional controls put forward,

This requirement will be met through the proposed walking trails, picnic areas and lookouts in the biobank lands as well as the public park and shared pathway to Tahmoor town centre.

(e)  stormwater and water quality management controls,

No additional controls put forward.

This requirement is addressed through proposed controls in Part 3.15.4 in Volume 3 of the DCP (see above).

(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

No additional controls put forward

This requirement is addressed through NSW RFS’ Planning for Bushfire Protection guidelines, existing flooding development controls in Volume 1 Part 8 of the DCP and proposed controls in Part 3.15.2 for Volume 3 of the DCP (see above).

(g)  detailed urban design controls for significant development sites,

No additional controls put forward.

This requirement doesn’t apply to the development as it is not considered to be a State Significant Development site.

(h)  measures to encourage higher density living around transport, open space and service nodes,

No additional controls put forward.

This requirement is addressed through the proposed site specific controls outlined for Volumes 3 and 4 of the DCP above.

(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,

No additional controls put forward.

This requirement doesn’t apply to the site as no neighbourhood, commercial or retail land uses are proposed on the site.

(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

No additional controls put forward.

This requirement will be met through existing controls in Council’s DCP for parking and traffic management.

 

CONSULTATION

Internal Consultation

The proposed amendments to the Wollondilly Development Control Plan 2016 were prepared in consultation with internal staff. The draft amendments to the DCP were sent to the proponent for final comments prior to being reported to this Council meeting. All proposed changes from internal staff were implemented. Comments received from the proponent were also considered and changes were made to the proposed controls based on these comments.

Most of the controls and changes requested by the proponent have been incorporated, however it is noted that a few remain outstanding. Council staff are happy to consider additional comments during the exhibition process to weigh up an appropriate and balanced outcome.

 

Council resolutions

At the Ordinary Council Meeting held on 18 February 2019, Council resolved:

“That a report be brought to Council detailing proposed site specific planning controls for inclusion within the Wollondilly Development Control Plan 2016 to guide development on the Cross Street site and that as a minimum the controls include the following:”

Council recommendation

Staff comment

(a)  Restricting the height of future buildings on ridgelines across the site (possibly including a maximum reduced level (RL) consistent with the LEP) and

The proposed Height of Buildings map for the planning proposal will limit building height in certain parts of the site. Proposed controls in Part 4.9.2 of Volume 4 (see attachment 2) will also limit the height of buildings, ensuring only one storey buildings are constructed for lots on ridgelines and with higher visibility for the surrounding areas.

(b)  Aim to minimise visual interruption of the landscape from established walking trails and to encourage sympathetic development;

In addition to the above, proposed controls in Part 4.9.2 of Volume 4 (see attachment 2) will prevent the use of bright and reflective colours and materials for the roofs on new buildings to reduce the visual prominence of development for surrounding natural areas.

(c)  A connection road link(s) between the site and the adjoining JR Stud development site;

The road layout shown in attachment 1 includes a road connection to the JR Stud (The Acres) development site as well as connections to the East Tahmoor development lands to the north of the site. Proposed controls in Part 3.15.2 of Volume 3 of the DCP necessitates adherence to this road network to ensure proposed connections are formalised.

(d)  Appropriate measures to allow for Flora and Fauna crossing and protection, particularly road areas;

The proposed DCP includes a number of controls seeking to ensure provision of an effective fauna crossing for the part of the biobank site that is separated by a road. These can be found at Part 3.15.3 in Volume 3 of the proposed DCP (please see attachment 1).

(e)  Stormwater and water quality controls; and

The proposed DCP includes a number of controls seeking to achieve ‘zero impact’ on water quality and a minimisation of stormwater run-off based on water sensitive urban design principles and targets for the site. The proposed controls are located at Part 3.15.4 in Volume 3 of the DCP (please see attachment 1).

(f)   Landscaping as part of subdivision works including endemic plant species”

The proposed DCP includes a number of controls for landscaping, including minimising cut and fill, weed reduction, planting of street trees and use of tree species endemic to Tahmoor. The proposed controls can be found at Part 3.15.7 in Volume 3 of the DCP (please see attachment 1).

 

Agency recommendations

During previous exhibitions and agency consultation for the Cross Street Planning Proposal, a number of government agencies put forward recommendations for development controls. These formed a large part of the research undertaken in preparing the draft controls and were included where appropriate.

 

CONCLUSION

This report seeks Council’s approval to publicly exhibit proposed amendments to Volumes 2, 3 and 4 of Wollondilly Development Control Plan 2016 to include site specific controls for Cross Street, Tahmoor Planning Proposal. These controls have been prepared in consultation with internal staff and the proponent and reflect previous Council resolutions as well as concerns specific to the planning proposal site. The proposed amendments to Wollondilly DCP are being reported concurrently with the Voluntary Planning Agreement (VPA) for the planning proposal to ensure both are publicly exhibited together.

 

Options for Moving Forward

The proposed amendments to the Wollondilly Development Control Plan 2016 have been prepared in accordance with the Environmental Planning and Assessment Regulation 2000.

Council’s options are:

1.   Support the amendments to Wollondilly Development Control Plan 2016 in the form as described in Attachment 1.

2.   Support the amendments to the Wollondilly Development Control Plan 2016 in another form.

3.   Resolve not to support the amendments to the Wollondilly Development Control Plan 2016.

 

Option 1 is the recommendation of this report.

Option 2 is available, but may cause conflicting controls, may offset matters raised or resolved as a result of consultation with others.

Option 3 would mean that any rezoning would be reliant on the existing DCP controls, missing an opportunity to ensure that important planning and development matters are adequately addressed.

 

FINANCIAL IMPLICATIONS

Funding for this project to date has been partially offset through the adopted planning proposal fees and charges. All work on the draft controls has been carried out by staff through the operational budget.

 

Attachments

1.       Proposed controls for inclusion in Volume 3 (Subdivision) of Wollondilly DCP  

2.       Proposed controls for inclusion in Volume 4 (Residential) of Wollondilly DCP  

3.       Proposed controls for inclusion in Volume 2 (URA) of Wollondilly DCP  

4.       Cross Street Planning Proposal Document (Finalisation Version)  

5.       Agenda and Minutes from the 16 July 2018 Council Meeting  

6.       Agenda and Minutes from the 18 February 2019 Council Meeting     


Ordinary Council Meeting Agenda

17 November 2020

 

12          Management and Provision of Infrastructure

12.1       Lease - Part Lot 7005 DP 92838 - 157-187 Menangle Street, Picton - Victoria Oval

File Number:           12275#61

 

Executive Summary

This report recommends that Council enter into a Lease with NSW Rural Fire Services to enable a building to be constructed and used for emergency services (Rural Fire Station Building) on land known as Part Lot 7005 DP 902838, 157-187 Menangle Street Picton, “Victoria Oval” Reserve 1000528. It is proposed to enter into the lease to enable the building to be constructed on the site in accordance with the Local Government Act 1993 (LGA), the Environmental Planning and Assessment Regulations 2000 (EPA Regulation) and the Crown Lands Management Act 2016 (CLM). 

Recommendation

That Council:

1.       Makes an application to the Minister administering the Crown Lands Management Act 2016 seeking consent to enter in to the proposed lease on Part Lot 7005 DP 902838 being 157‑187 Menangle Street Picton “Victoria Oval” with the NSW Rural Fire Services.

2.       Subject to Ministerial approval above; enter into a Lease with the NSW Rural Fire Services on Part Lot 7005 DP 902838 being 157-187 Menangle Street Picton “Victoria Oval” to enable construction of the Rural Fire Station in accordance with Sections 46, 47 & 47A and the Crown Lands Management Act 2016 for four (4) consecutive five (5) year terms (totalling 20 years).

3.       Note that the Chief Executive Officer, or delegates, will finalise any Lease documentation not requiring the Common Seal under existing delegations.

4.       Affix the Common Seal of Council to any documents required to be sealed as part of the Lease process and delegate to the Chief Executive Officer and Mayor to execute these documents.

Report

Council is committed to providing facilities to the community and proposes in accordance with the Local Government Act 1993 (LGA) and Crown Lands Management Act 2016 (CLM) to enter into a Lease with NSW Rural Fire Service (RFS), on Part Lot 7005 DP 902838 being 157-187 Menangle Street, Picton – Victoria Park R000528 to build a Rural Fire Station for emergency services purposes. The land is managed by Wollondilly Shire Council as the appointed Crown Land Manager in accordance with these Acts.

Council as a local authority for the purposes of the Rural Fires Act 1997 is obligated to provide facilities to support the prevention, mitigation and suppression of bush and other fires across the LGA.

As lessor, Council will be obliged to construct the building in compliance with NSW Service Standard 5.1.10 and upon completion of the building the Rural Fire Services will take up occupation.

Victoria Park was gazetted on 10.1.1900 for use as “Public Park”. The CLM Act 2016 provides that Council, as the appointed Crown Land Manager of Victoria Park, must manage the land as if it were classified as “Community Land” under the LGA. This includes the requirement to prepare a Plan of Management (POM) that sets out the management objectives and can allow for the grant of leases and licences over the land.  There is currently no adopted POM in place for Victoria Park that would expressly authorise Wollondilly Shire Council to enter into a Lease or Licence.

 

However, Council as Crown land Manager is able to grant a lease under the provisions of the CLM Regulation that allow Council to enter into a Lease on the following basis:

 

Section 70 – Exemption from operation of Section 3.22 of Act for granting licences and leases during initial period.

(2) The council manager is exempt from the operation of Section 3.22 of the Act in respect of the following:

(d)     The granting of a new lease or licence over pre-POM Crown land for a term not exceeding the maximum term if:

(i) the lessee or licensee is an emergency services organisation (within the meaning of the State Emergency and Rescue Management Act 1989).., and

(ii) the Minister consents to the granting of the lease or licence.

 

Council proposes to enter a Lease in accordance with Section 70 of the CLM Regulation, the existing POM and in compliance with the Heads of Agreement:

 

Heads of Agreement:

Term:                   4 Leases x 5 year term. 

Upon a positive resolution from Council, the lease will commence on the 2 November, 2020 which is required to enable construction to commence. 

Rent:                    Crown Lands Financial Concession Policy provides that a tenure of this nature would attract full concessions to rent payable to the statutory minimum rent (currently $506 per annum). The Rural Fire Service Station is a community voluntary organisation and it proposed to apply for a peppercorn rent of $1.00 p.a. upon demand.

Legal Costs:        Each party pays their own legal fees and disbursements to enter into the Lease.  

 

Council as the Crown Land Manager of Victoria Park notified Crown Lands of their intention to make a development application pursuant to Section 49 of the EPA Regulation on 11 August 2020. Crown Lands advised that it has no objection to the development, subject to an appropriate authorisation being in place, being a tenure to NSW Rural Fire Services under the CLM Act 2016.

 

If Council resolves to proceed with the above proposal, Council must in accordance with Section 47 of the Local GA give public notice and exhibit the proposal, to any person who owns, adjoins or occupies the community land which may effects the person’s enjoyment of the community land.

There are currently no Aboriginal Land Claims over the site - Victoria Park excluded from Claim 42498 on the 22/3/18.

Before entering into the tenure Council must obtain the consent of the Minister administering the Crown Lands Management Act 2016 in accordance with Clause 70 of the CLM Regulation, and obtain internal native title manager advice that the grant of the tenure is in accordance with the provisions of native title legislation.

Consultation

·         Internal staff and legal representative

·         NSW Rural Fire Service.

Financial Implications

To enter into the Lease, funding for legal costs are available under the Property Management Budget, legal expenses.  

Attachments

1.       Victoria Oval Area of Proposed RFS Lease    


Ordinary Council Meeting Agenda

17 November 2020

 

12.2       Funding Strategy for the Redbank Reserve Master Plan

File Number:           12275#82

 

Executive Summary

The purpose of this report is to update Council on the delivery and funding of the adopted Master Plan for Redbank Reserve.

Recommendation

That Council:

1.           Note the proposed funding strategy for implanting the Redbank Reserve Master Plan.

2.           Seek relevant external funding opportunities to expedite the Master Plan’s delivery as they become available.

Report

At the Council Meeting held on 18 February 2020, a number of resolutions were made in relation to the adoption of the Master Plan for Redbank Reserve, including:

·    That a report about funding options come back to Council’.

The implementation of the plan would fall within Councils Open Space New program which is predominately funded through external funding sources such as grants and development contributions. As development opportunities, in the vicinity of the reserve, are limited, development contributions as a likely funding source are also limited and as such the most likely opportunity for funding the implantation is through available grants.

Consultation

The adopted Master Plan for Redbank Reserve was developed following a process of community consultation. Internal consultation with relevant Council officers has occurred to determine appropriate funding options for the Master Plan’s delivery, including consultation with Council’s Developer Contributions Planning Coordinator.

Financial Implications

An Opinion of Probable Costs estimates the implementation of the Master Plan at 2020 $1,615,917 (excluding GST) if all stages are undertaken at the one time and includes a contingency allowance of 20%.

Given that the Master Plan is a 10 to 15 year vision for the site, its implementation can be undertaken in stages according to available budget as identified in the following table.

Proposed Funding Strategy for Redbank Reserve Master Plan

Stage

Estimated Cost

Funding Source

Confirmed

Car Park

$460,518

Grant

No

Amenities

$150,000

Grant

No

Play & Fitness

$322,490

Grant

No

Seating & Lawn

$254,270

Grant

No

Off-Leash & Planting

$159,320

Grant

No

Total plus 20% contingency

$1,615,917*

* Excluding cost escalation for phased implementation as the construction program is not known at this time.

Attachments

Nil


Ordinary Council Meeting Agenda

17 November 2020

 

12.3       Initial Categorisation of Council managed Community Land under Crown Land Management Act 2016 - Pot Holes Reserve (R63661)

File Number:           12275#104

 

Executive Summary

The Crown Land Management Act 2016 (CLM Act) came into effect on 1 July 2018. The CLM Act authorises Council to manage certain Crown Land as if it were public land under the Local Government Act 1993.

The legislation requires Council to classify the Council Managed Crown Land (CMCL) as either Community or Operational and to notify the Minister of the ‘initial’ categorisation of the land under the Local Government Act 1993 (for Community Land).

This report seeks Council’s resolution to notify the Minister of the initial categorisations of Council Managed Crown Land located at the Pot Holes Reserve (R63661) Tahmoor.

The proposed application will enable Council to progress work with the community and key Aboriginal stakeholders, to develop a draft Plan of Management for the Pot Holes Reserve area.

Recommendation

That Council provides written notice to the Minister administering the Crown Land Management Act 2016 of the proposed “initial” categorisations applied to the Crown Land under the management of Council for the Pot Holes Reserve area as Natural Area and Area of Cultural Significance, as per Attachment 2.

 

Report

The Crown Land Management Act 2016 (CLM Act) came into effect on 1 July 2018. The CLM Act authorises Council to manage certain Crown Land as if it were public land under the Local Government Act 1993.

There are two levels of management of Crown Land:

1.   Council are appointed as Crown Land Managers of a Reserve which requires a Plan of Management to be established under the CLM Act.

2.   Crown Land where Council have been given devolved management under Section 48 of the Local Government Act (such as cemeteries). This level of management of Crown Land does not require a Plan of Management to be established under the CLM Act.

The legislation requires Council to classify the Council Managed Crown Land (CMCL) as either Community or Operational and to notify the Minister of the ‘initial’ categorisation of the land under the Local Government Act 1993 (for Community Land). These ‘initial’ categories are to be most closely related to the purposes for which the land is dedicated or reserved and may be one or more of the following:

(a)  Natural area,

(b)  Sportsground,

(c)  Park,

(d)  Area of cultural significance,

(e)  General community use.

Council managers are to consider how these categories would preserve and facilitate the use of the land for the purpose for which the land was originally set aside by its dedication or reservation.

Once Council notifies the Minister of the ‘initial’ land categorisations for CMCL classified as Community Land, Council must develop a compliant Plan of Management for all CMCL. This process of notifying the Minister of ‘initial categorisations’ and the adoption of Plans of Management for CMCL is to be undertaken within three years of the commencement of Part 3 of the CLM Act (that is, by 30 June 2021).

A Plan of Management (PoM) is the document that defines the value, use, management practices and intent for the broad public purpose for which the land has been reserved or dedicated. Developed in consultation with the community and key stakeholders, PoMs should be consistent with the public purpose for the reserve and the principles of Crown Land management, as well as other guidelines, policies, and legal requirements that may apply to the reserve. These may include the provisions of environmental planning instruments (for example, a local environmental plan) and Development Control Plans (DCPs) made under the Environmental Planning and Assessment Act 1979, and threatened species or native vegetation controls.

PoMs must be prepared in accordance with the Crown Land Management Act 2016 (CLM Act) and adopted by the Minister administering the CLM Act.

Noting these requirements under the CLM Act, Council must provide its ‘initial’ categorisations to the Minister using the NSW Crown Land Department’s application form. The making of such application or giving of notice to the Minister; however, requires authority by way of Council resolution in accordance with Section 377 of the Local Government Act 1993, which states:

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following—

(s) the making of an application, or the giving of a notice, to the Governor or Minister’.

This report is focused on the Pot Holes Reserve area, Tahmoor. Council has engaged consultants from Cardno to work with the community and key Aboriginal stakeholders to develop a Plan of Management and Master Plan for this site. See Attachment 1 for the Site Plan.

The application that is proposed for notification to the Minister, applies to the Pot Holes area which comprises of a Council Managed Crown Land approximately 199 hectares in size. The area subject to the proposed notification comprises the following land parcels:

·    Lot 7006 DP 1055356

·    Lot 127 DP 751250

·    Lot 114 DP 751250

·    Lot 7006 DP 1121450

·    Lot 7014 DP 1058707

·    Lot 229 DP 751250

·    Lot 126 DP 751250

·    Lot 196 DP 751250

·    Lot 7308 DP 1141189

·    Lot 105 DP 751270

·    Lot 129 DP 751250

 

The proposed application identifies these parcels as Community Land categorised as:

-     Natural Area; and

-     Area of Cultural Significance.

Attachment 2 provides a map of the site, the parcels and the categorisations.

Future Council report/s will be presented based on all other CMCL and their associated ‘initial’ categorisations.

Therefore this report seeks Council authorisation to submit Council’s notification of ‘initial’ categorisations to the Minister for the Pot Holes Reserve area and that the process for developing the required Plan of Management progress.

Consultation

Community and stakeholder consultation is required as part of the development of the Plans of Management and will be undertaken as per the Local Government Act 1993, including the facilitation of Public Hearings as required.

Financial Implications

Cost associated with the notification process are minimal and within the capacity of the existing budget as the NSW Department of Industry – Lands has provided each Local Government Area with a nominal grant to assist with the preparation of Plans of Management. In 2018/2019 Council received a grant of $30,000 which is not fully expended.

Attachments

1.       Pot Holes Reserve  Site Plan 01  

2.       Pot Holes Reserve Proposed Initial  Land Categorisation 02     


Ordinary Council Meeting Agenda

17 November 2020

 

13          Caring for the Environment

13.1       Wollondilly Tree Management Policy

File Number:           10619-2#247

 

Executive Summary

The purpose of this report is to detail the outcomes of the public exhibition of the draft Wollondilly Tree Management Policy and seek adoption of the policy.

It was resolved by Council at its Ordinary Council Meeting of 18 February 2020 that the Tree Management Policy be placed on exhibition for a second period to seek further feedback from the community, specifically around clearing provisions for Asset Protection Zones and clearing in bushfire affected areas.

The Draft Tree Management Policy was placed on exhibition between 8 March and 11 April 2020.

Recommendation

That Council:

1.       Adopts the Wollondilly Tree Management Policy.

2.       Repeals the former Tree Risk Management Plan and Tree Preservation Policy.

 

Report

The Tree Management Policy (TMP) was developed as a part of the effective management of trees and large vegetation; support the management and support the broader environment; as well as addressing community concerns regarding tree management impacts on dwellings and the local environment and infrastructure.

The draft TMP was placed on public exhibition following the Ordinary Council Meeting of 16 September 2019 and was taken to the Ordinary Council Meeting of 18 February 2020 for adoption.

Between the late 2019 public exhibition and the Ordinary Council Meeting of 18 February 2020, devastating bushfires were experienced in the Shire. Councillors resolved to re-exhibit the Policy to give residents further opportunity to provide feedback on tree clearance in these areas impacted by fire.

Following the public exhibition of the Policy, additional formatting occurred to ensure the document flowed, additionally the submission comments received were considered and are listed below.

Consultation

The draft Policy was placed on further exhibition from 8 March 2020 until 11 April 2020 with submissions received until 22 April 2020 with a total of eight submissions received.  The following table provides a summary of the concerns raised:

Section of Draft
Tree Management Policy

Concerns Raised

Officer’s Response

Title

The Tree Preservation Policy be referred to as the Tree Management Policy.

Noted.  The Policy is now referred to as the Tree Management Policy.

10.50 RFS
Clearing Provisions

Council Meeting raised general discussion on clearing and alignment with provisions.

Updated wording in section 4.10 of the revised document.

Tree Removal for
Solar Panels / Street Tree Choices

Several submissions outlined concerns about street tree species selection obscuring solar panels.

Noted and acknowledged.

Street Tree
Planting Width from Verge

Street tree selection.

Noted and acknowledged by staff.

Council staff have been working on comprehensive street tree list for the Development Control Plan.

Street Tree Replacement

Concerns were raised by street tree replacement and general street tree selection and density.

Noted.

Clause 5.2.2

Concerns raised that horses were not defined as potential for tree removal (due to their ability to ring bark).

Liaised with internal General Counsel. Revised wording in clause 4.3.3 of the revised document.

The Wollondilly Development Control Plan 2016 prohibits the ringbarking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or vegetation without prior Development Consent or a permit from Council.

Wilful destruction includes neglectful damage from deliberate inattention by a property owner/tenant who allows the destruction of trees or vegetation to occur by persons or non-native animals, such as livestock.

 

Conclusion

The final version of the draft Tree Management Policy is contained in the attachment of this report.  This report outlines the changes to the draft Tree Management Policy as a result of the previous Council resolution and public exhibition.

Subsequent to the updates of Council’s Development Control Plan, the Policy may need a minor adjustment to reflect any control changes adopted to ensure alignment.

Financial Implications

Funding has been allocated within existing operational budgets to manage the implications of this Policy.

Attachments

1.       DRAFT Wollondilly Tree Policy 2020     


Ordinary Council Meeting Agenda

17 November 2020

 

14          Looking after the Community

14.1       Financial Assistance: Sponsorship

File Number:           12275#105

 

Executive Summary

Council receives annual assistance and sponsorship requests each month. The purpose of this report is to inform Council of applications for annual assistance and sponsorship received by Council in the period October 2020.

Recommendation

That Sponsorship and Annual Assistance payments totalling $8,600.00 be made to the following recipients:

1.       $1,000.00 sponsorship be provided to The Oaks Historical Society Inc.

2.       $1,000.00 sponsorship be provided to Community Links Wellbeing Inc.

3.       $1,000.00 sponsorship be provided to Camden Wollondilly Domestic Violence Committee

4.       $1,000.00 sponsorship be provided to 24 Hour Fight Against Cancer Macarthur event

5.       $500.00 sponsorship be provided to Picton Public School

6.       $500.00 annual assistance be provided to Buxton Community Association

7.       $500.00 annual assistance be provided to St Mark’s Anglican Church Picton

8.       $500.00 annual assistance be provided to Wilton Anglican Church

9.       $1,000.00 annual assistance be provided to Rotary Club of Wollondilly North

10.     $500.00 annual assistance be provided to Douglas Park Evangelical Church

11.     $500.00 annual assistance be provided to Picton Uniting Church

12.     $500.00 annual assistance be provided to St Stephens Anglican Church Thirlmere

13.     $100.00 sponsorship be provided to Marjo Hallowell.

 

Report

In October 2020 Council received 13 applications for Annual Assistance and Sponsorship:

▪        Application for $1,000.00 sponsorship from The Oaks Historical Society Inc. for the Hope out of the Ashes Exhibition and Publication

▪        Application for $1,000.00 sponsorship from Community Links Wellbeing to auspice a Men’s Social Group project

▪        Application for $1,000.00 sponsorship from the Macarthur Legal Service / Camden Wollondilly Domestic Violence Committee for the Say No to DV Breakfast

▪        Council resolution to provide $1,000.00 to the 24 Hour Fight against Cancer Macarthur event in memory of the late Fred Borg

▪        Council resolution to provide $500.00 to the Picton Public School “Walk of Fame” Fundraiser

▪        Application for $500.00 annual assistance from Buxton Community Association for the Buxton Community Hall Christmas Party

▪        Application for $500.00 annual assistance from St Mark’s Anglican Church Picton for Lessons and Carols Celebration

▪        Application for $500.00 annual assistance from Wilton Anglican Church for the Wilton Carols

 

▪        Application for $1,000.00 annual assistance from Rotary Club of Wollondilly North for Lights in the Park

▪        Application for $500.00 annual assistance from Douglas Park Evangelical Church for a Christmas Community Movie

▪        Application for $500.00 annual assistance from Picton Uniting Church to hold On-line Community Christmas Carols

▪        Application for $500.00 annual assistance from St Stephens Anglican Church Thirlmere to hold Carols in the Park

▪        Application for $100.00 sponsorship from Marjo Hallowell for the Great Cycle Challenge.

Consultation

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

Financial Implications

The requests are able to be funded within the current financial year budget allocation for Annual Assistance and Sponsorship.

 

Attachments

Nil


Ordinary Council Meeting Agenda

17 November 2020

 

14.2       Australia Day Awards Community Advisory Committee

File Number:           12275#106

 

Executive Summary

The Australia Day Awards Community Advisory Committee is a Committee established by Council consisting of members representing residents of the Wollondilly LGA. The Committee meets monthly between October and February. The Committee’s purpose is to:

a)      To bring together interested community members to determine and recognise the winners of the Wollondilly Australia Day Awards.

b)      Committee Members act as ambassadors for Australia Day throughout the year encouraging individuals and community groups to nominate worthy individuals for the awards.

c)      The Australia Day Award Committee also provides input into the planning of celebrations for Australia Day.

To ensure that the work of the Committee is brought to the attention of Council and the Wollondilly community, Committee minutes and recommendations will now be reported to Council.

The purpose of this report is to present the minutes and recommendation of the Australia Day Awards Community Advisory Committee meeting held on 12 October 2020.

Recommendation

That Council notes the minutes and recommendations of the Australia Day Awards Community Advisory Committee meeting of 12 October 2020.

Report

The Australia Day Committee has applied for and been successful in gaining two grant opportunities made available by the National Australia Day Council.

One grant is for $1,000 available for Australia Day collateral reflecting the new Australia Day Branding – Reflect, Respect, Celebrate. The items of collateral include Posters, Pull up Banners, Media Walls; Lectern signage; banners and Social Media resources.

The second grant funding opportunity is for $20,000 to assist in making Australia Day Celebrations COVID Safe.

The committee has recommended there be early promotions for the Australia Day event including encouraging the community to submit nominations and inform the community what strategies will be implemented for a COVID safe event.

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget. The costs associated with implementing the recommendations can be absorbed within the current budget.

 

Attachments

1.       Minutes for Australia Day Award Committee Meeting 12 October   


Ordinary Council Meeting Agenda

17 November 2020

 

14.3       Youth Community Advisory Committee

File Number:           12275#107

 

Executive Summary

The Wollondilly Youth Community Advisory Committee is a Committee established by Council consisting of members representing young people aged 12 to 24 years. The Committee meets monthly. The Committee’s purpose is to:

a)      The Wollondilly Youth Community Advisory Committee aims to develop programs/projects that address the challenges faced by young people in the Shire.

b)      The members of the Wollondilly Youth Community Advisory Committee will be the voice of the Shire’s young population and advocate to the Community and Council with the aim to improve, increase and promote the services available to them and their peers.

To ensure that the work of the Committee is brought to the attention of Council and the Wollondilly community, Committee minutes and recommendations will now be reported to Council.

The purpose of this report is to present the minutes and recommendation of the Wollondilly Youth Community Advisory Committee meeting held on 20 October 2020.

Recommendation

That Council notes the minutes and recommendations of the Wollondilly Youth Community Advisory Committee meeting of 20 October 2020.

Report

The Wollondilly Youth Community Advisory Committee have completed a video project that focuses on mental health and wellbeing. This video will be rolled out on social media and through local networks.

The Adulting 101 Project has taken place with 40 people undertaking RSA and RCG Training. Other Workshops and training opportunities through TAFE are being explored through the Youth Community Advisory Committee. Youth Week activities continue to be organised and 7 young people attended the Paint and Sip Workshop.

The Beach Bus is going ahead and is planned for 2021 and the Youth Voices Project to support young people impacted by the recent bushfires, has been organised for Saturday 7 and 14 November 2020 at Cataract Scout Camp in Appin.

There have been no recommendations put forward by the Youth Community Advisory Committee for Council to consider at this point in time.

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget. The costs associated with implementing the recommendations can be absorbed within the current budget.

Attachments

1.       YAC Minutes 20 October 2020    


Ordinary Council Meeting Agenda

17 November 2020

 

14.4       Green Wattle Creek Bushfire Recovery Forums

File Number:           12275#109

 

Executive Summary

Since Wollondilly Shire was impacted by the Green Wattle Creek bushfire in December, 2019 the Activate Wollondilly 2020 Framework has been implemented. As part of this framework a series of Bushfire recovery forums and debriefing sessions have been completed to obtain feedback from the community about how the Shire is recovering after the bushfires. Three forums have centred on the Community Recovery Hub established in the immediate period following the fires. The forums were facilitated by disaster recovery expert Anne Leadbeater who has completed a report compiling the information obtained during the forums. The report includes a series of recommendations for the implementation of future Community Recovery Hubs.

There has also been six subsequent community forums focused on the recovery actions undertaken following the Green Wattle Creek bushfire. 115 community members attended the forums which were held across fire impacted villages of Oakdale, Bargo, Warragamba, Buxton, Picton and Yerranderie.  A final draft report with recommendations is currently being prepared by Anne Leadbeater and it is anticipated to be completed in December 2020. The recommendations from this report along with the outcomes of the Greater Sydney Outreach Survey, that is being undertaken on behalf of Council by Red Cross for the Wollondilly Area will inform the Draft Activate Wollondilly 2020 - Long Term Community Recovery and Resilience Plan.

The Draft Activate Wollondilly 2020 - Long Term Community Recovery and Resilience Plan will be the subject of a further Council report to be tabled at the February 2021 Council meeting. 

Recommendation

That Council:

1.       Accept the recommendations contained in the Review of the Community Recovery Hub Report.

2.       Seek to resource the implementation of the recommendations contained in the report.

Report

As part of the Activate Wollondilly 2020 Framework the Community Outcomes team has been conducting a series of community engagement opportunities for feedback on recovery efforts since the Green Wattle Creek bushfire impacted Wollondilly Shire in December, 2019.

Council engaged disaster recovery expert Anne Leadbeater (OAM) to plan and facilitate the Community Forums.

The first stage of community consultation centred upon the Community Recovery Hub which was established after Wollondilly Shire Council closed their initial relief centre at Council’s Administrative building in Picton. The Community Recovery Hub operated at the Buxton Community Hall and then relocated to the Balmoral Village Hall for several months after the fire impacted the Shire and was supported in partnership with Wingecarribee Shire Council. This was the first time a community led recovery hub model had been utilised for Wollondilly Shire. Initial feedback from the community regarding the operational implementation and impact of the Community-Led Recovery Hub instigated the focus of the first 3 debriefing sessions with Anne Leadbeater which took place in June, 2020 “to identify future considerations and lessons learnt about supporting a community-led recovery hub model”. Workshop 1 comprised Hub staff and volunteers. Workshop 2 included service providers and agencies and Workshop 3 comprised members of the community. Workshops allowed participation in person or by Zoom to ensure COVID Safe practices were implemented and the maximum number of people were able to participate.

 

Facilitator Anne Leadbeater has compiled the feedback from the three forums in to a report to Wollondilly Shire Council titled ‘Review of Community Recovery Hub Model June 2020’.

This report has five recommendations:

1.   Work with community leaders and recovery agencies to design a framework to support establishment and operation of a community recovery hub.

2.   Drawing on previous disaster experience, design and develop a toolkit of resources to support the successful operation of a community recovery hub.

3.   Identify community capabilities, strengths, risks and challenges through the development of individual community profiles.

4.   Identify and support community leadership in disaster recovery by establishing roles for individuals and groups to be involved in emergency management.

5.   Work with community groups, service clubs and recovery stakeholders to design a strategy for receiving, coordinating and distributing donated goods within the Wollondilly Shire.

The findings of this report as well as the five recommendations made in the report will be incorporated into the Draft Activate Wollondilly 2020 - Long Term Recovery and Resilience Plan.

The second stage of our community consultation centred upon the ‘Green Wattle Creek Bush Fire Recovery Actions Community Forums’. This involved five forums held across Wollondilly Shire. Locations were chosen based on villages that were directly impacted or threatened by fire. Forums were held at Oakdale, Bargo, Warragamba, Buxton and Picton. The forums were delivered in a hybrid of face-to-face and participation via Zoom to ensure compliance with COVID Safe practices and that the maximum number of people were able to participate.

In addition to the community forums, the questions raised in the forums were posted as a survey on the Your Say section of council’s website. Several community members took the opportunity to participate in the survey online.

Based on feedback from the community and councillors a further engagement activity was implemented with Yerranderie residents who had experienced limited opportunity to provide feedback after the fires due to their geographic isolation and limited connectivity issues. Community Recovery Officer Natalie McMullen attended the Yerranderie Community Meeting and conducted a Recovery Actions Forum with the residents and National Parks and Wildlife Staff who attended the meeting.

115 people attended across the six community engagement forums. Attendees were a mix of community members, community groups, rural fire service volunteers and service providers. Themes that arose from the feedback from community members include:

§ The strong sense of community spirit including the generosity of others.

§ The need for greater focus on preparedness including sharing of emergency plans; land management/ hazard reduction and community education.

§ Barriers to accessing support including information sharing between agencies and proving the level of damage sustained.

§ Residents appreciated the speed which council set-up the initial relief centre at the Councils head-office.

An example of a direct outcome from the forums was connecting a family with Red Cross who were not aware they were eligible for a further $40,000 in grant funding to meet their recovery needs. The family were also given information about a program for fire impacted residents where they can receive free bricks. The family have indicated that this will save them approximately $15,000 in regards to their re-build. The family stated that they were very glad that they came to the forum as they had just saved $55,000.

Information and feedback gathered in these forums will be compiled into an independent report by Anne Leadbeater. It is expected that this report will be completed in December, 2020. The information gathered and recommendations from this report will also contribute to the development of The Draft Activate Wollondilly 2020 - Long Term Community Recovery and Resilience Plan and will be the subject of a further Council report to be tabled at the February 2021 Council meeting.

Consultation

Consultation occurred with residents across Wollondilly Shire, with a focus on villages impacted more directly by the Green Wattle Creek fire, community organisations and groups, The NSW Rural Fire Service and Resilience NSW.

Financial Implications

The outcomes of the Community engagement forums and workshops will inform the ongoing recovery programs and activities that will inform the allocation of future budget process and grant funding opportunities  

Attachments

1.       Wollondilly SC Recovery Hub Workshop Report     


Ordinary Council Meeting Agenda

17 November 2020

 

15          Efficient and Effective Council

15.1       Adoption of the Draft Code of Meeting Practice

File Number:           12275#100

 

Executive Summary

Our current Code of Meeting Practice (Meeting Code) was recently reviewed and amended to reflect ongoing trends in Council’s meeting practice.

As resolved at the Ordinary meeting held on 21 July 2020 the draft Meeting Code was placed on public exhibition to seek community feedback. The exhibition period ran from 27 July to 24 August 2020. No submissions were received. A Councillor Briefing was held on 13 October which noted one further amendment regarding Notice of Motion submission deadlines needing to change from Monday to Tuesday.

An overview of all amendments to the draft Meeting Code are included in this report.

Recommendation

That the draft Code of Meeting Practice be adopted.

Report

In June 2019 Council adopted a Code of Meeting Practice (Meeting Code) incorporating the mandatory provisions of the Model Meeting Code put out by the Office of Local Government for Local Councils in NSW.

To reflect ongoing trends in Council meeting practice a full review of the adopted Meeting Code was conducted and reported to Council on 21 July 2020 where it was resolved:

 “1.    That Council place the draft Code of Meeting Practice on public exhibition for a period of 28 days with a further 14 day submission period prior to coming back to Council for adoption.

2.       That Council have a briefing session on the matter following community feedback from the exhibition.”

The draft Meeting Code was exhibited from 27 July to 24 August 2020. The submission period closed on 7 September. No submissions were received.

A Councillor Briefing was held on 13 October 2020 which noted one further amendment to the draft Meeting Code as exhibited. This amendment was to update the Notice of Motion submission day from Monday to Tuesday. This brings the deadline in line with 15 business days prior to Council meetings which are now held on Tuesdays. No further amendments were requested by Councillors.

All amendments to the Draft Code of Meeting practice, as attached, are as follows:

·    Items by Exception was added to the standard order of business to improve meeting flow

·    Motions to be considered in seriatim was added to provide clarity to this voting practice

·    Reference to our commitment to adhere to any interim legislative measures that vary our Meeting Code between review periods was added in response to the impact of the current pandemic on Council meetings

·    Clauses added to clarify the calling of an extraordinary meeting consistent with the Act

·    The deadline for submission of Notices of Motion updated from Monday to Tuesday

·    Minor administrative changes to numbering of clauses and internal references within the document as a result of amended clauses.

 

Consultation

·    The Office of Local Government

·    Manager Corporate Governance and Risk

·    General Counsel

·    The Executive

·    A Councillor Briefing was held on 13 October 2020.

 

Financial Implications

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

 

Attachments

1.       DRAFT Code of Meeting Practice  

2.       DRAFT Code of Meeting Practice - Track Changes    


Ordinary Council Meeting Agenda

17 November 2020

 

15.2       Annual Financial Statements for the year ended 30 June 2020

File Number:           12275#108

 

Executive Summary

Council officers have prepared the Annual Financial Statements for the year ended 30 June 2020.

The statements have been reviewed by Prosperity Audit Services Pty Ltd and the NSW Audit Office and Council’s Audit Risk and Improvement Committee.

The statements are now presented to Council for endorsement and the signing of the "Statement by Councillors and Management".

Recommendation

That the 2019/20 Annual Financial Statements be endorsed and an opinion be formed in the prescribed format on the General Purpose Financial Reports and the audited financial reports, together with the Auditor’s reports, be presented to the public at the 15 December 2020 Council Meeting.

Report

The Local Government Act 1993 requires Council to prepare financial reports for each year and refer them for audit as soon as practicable after the end of that year.

A Council’s financial report must include:

·        a general purpose financial report

·        any other matter prescribed by the regulations; and

·        a statement in the approved form by the Council as to its opinion on the general purpose financial report.

The Annual Financial Statements are required to be prepared in accordance with the Local Government Act 1993, the Local Government Code of Accounting Practice and Financial Reporting, and the Australian Accounting Standards, including the Australian equivalents to International Financial Reporting Standards (AIFRS).

The legislative requirements under the Local Government Act 1993, relevant to the approval and audit process of annual financial statements are as follows:

Section 413(1) - A council must prepare financial reports for each year, and must refer them for audit as soon as practicable.

Section 413(2) - A council’s financial reports must include:

(a)     a general purpose financial report, and

(b)     any other matter prescribed by the regulations, and

(c)     a statement in the approved form by the council as to its opinion on the general purpose financial report.

Section 415(1) - Council’s auditor must audit financial reports as soon as practicable after receipt.

Section 416(1) - Council’s financial reports must be completed and audited within 4 months after year end.

Section 417(1) - A council’s auditor must prepare 2 reports:

·        a report on the general purpose financial report,

·        a report on the conduct of the audit.

Section 417(2) - The report on the council’s financial reports must include the following:

(a)     a statement as to whether, in the opinion of the auditor, the council’s accounting records have been kept in accordance with the requirements of this Division,

(b)     a statement as to whether, in the opinion of the auditor, the council’s financial reports:

(i)      have been prepared in accordance with the requirements of this Division, and

(ii)      are consistent with the council’s accounting records, and

(iii)     present fairly the council’s financial position and the results of its operations,

(c)     a statement as to whether, in the opinion of the auditor, any information relevant to the conduct of the audit has been unobtainable by the auditor,

(d)     a statement setting out particulars of any material deficiency in the accounting records or financial reports that has come to light in the course of the audit.

Section 417(3) - The report on the conduct of the audit may contain such statements, comments and recommendations as to the conduct of the audit of the council’s financial reports as the auditor considers appropriate to include in the report.

Section 417(4) - As soon as practicable after completing the audit, the auditor must send a copy of the auditor’s reports to the Director-General and to the council.

Section 417(5) - As soon as practicable after receiving the auditor’s reports, the council must send a copy of the auditor’s report on the council’s financial reports, together with a copy of the council’s audited financial reports, to the Director-General and to the Australian Bureau of Statistics.

Council’s Auditors have completed their audit of the financial reports and those financial reports are now formally presented.

Section 413 of the Local Government Act 1993 requires the Council to form an opinion as to whether Council’s annual financial reports have been drawn up in accordance with the Local Government Act and associated Codes and Australian Accounting Standards as prescribed by the Regulations. Statements to this effect have been prepared and are presented to Council for signature. Subsequent to these opinions being signed, Council’s Auditors will present their audit reports to Council.

Section 418 of the Local Government Act 1993 (as amended) requires that Council, as soon as practical after receiving a copy of the Auditor’s reports, fix a date for a meeting at which it proposes to present its audited financial reports, together with the Auditor’s reports to the public.  The Council must also give public notice of the date so fixed. 

It is proposed that the 15 December 2020 Council meeting be set as the date to present the audited financial statements to the public.

Section 420 of the Local Government Act 1993 provides that any person may make submissions to the Council with respect to the financial reports or the Auditor’s reports and those submissions must be made in writing and lodged with the Council within seven days of the public meeting.

Consultation

All members of the Executive and Senior Management have had input into the production of the General Purpose Financial Report, in conjunction with Council’s Auditors.

The Audit Manager and staff of Prosperity Audit Services and the NSW Audit Office have been consulted throughout the preparation of the annual financial reports.

Financial Implications

Council is now presented with a set of annual financial reports that have been prepared in accordance with the Local Government Act 1993, Australian Accounting Standards and other professional pronouncements and the Code of Accounting Practice and Financial Reporting.

Attachments

1.       Draft 2019/20 Annual Financial Statements (under separate cover)    


Ordinary Council Meeting Agenda

17 November 2020

 

15.3       Investment of Funds as at 30 September 2020

File Number:           12275#110

 

Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 30 September 2020.

Recommendation

That the information and certification in relation to the investment of Council funds as at 30 September 2020 be noted.

 

Report

At its last meeting, the Reserve Bank decided to maintain the targets for the cash rate and the yield on 3-year Australian government bonds of 25 basis points.  It also decided to maintain the parameters of the expanded Term Funding Facility.

The Board commented that:

The global economy is gradually recovering after a severe contraction due to the pandemic. However, the recovery is uneven and its continuation is dependent on containment of the virus.  While infection rates have declined in some countries, they have increased in others.  The recovery is most advanced in China, where conditions have improved substantially over recent months. Globally, inflation remains very low and below central bank targets.

Financial conditions remain accommodative around the world and supportive of the economic recovery.  Financial market volatility is low and the prices of many assets have risen substantially despite the high level of uncertainty about the economic outlook.  Bond yields are at historically low levels, as are interest rates for most businesses and households.  The Australian dollar remains just a little below its peak of the past couple of years.

The Australian economy experienced a sharp contraction in the June quarter, with output falling by 7 per cent. As difficult as this was, the decline in output was smaller than in most other countries and smaller than was earlier expected. A recovery is now under way in most of Australia, although the second-wave outbreak in Victoria has resulted in a further contraction in output there.  The national recovery is likely to be bumpy and uneven and it will be some time before the level of output returns to its end 2019 level.

Labour market conditions have improved somewhat over the past few months and the unemployment rate is likely to peak at a lower rate than earlier expected. Even so, unemployment and underemployment are likely to remain high for an extended period. Wage and inflation pressures remain very subdued.  The Bank will publish a full set of updated forecasts next month.

Over the past six months, the Australian economy has been supported by a substantial easing of fiscal policy. Public sector balance sheets in Australia are in good shape, which allows for continued support, with the Australian Government budget to be announced this evening.  Both fiscal and monetary support will be required for some time given the outlook for the economy and the prospect of high unemployment.

The Bank's policy package is working as expected and is underpinning very low borrowing costs and the supply of credit to households and businesses.  There is a very high level of liquidity in the Australian financial system and borrowing costs are at record lows.  $81 billion of low-cost funding for authorised deposit-taking institutions (ADIs) has been advanced under the initial allowance of the Term Funding Facility. ADIs currently have access to a further $120 billion under this facility.  As this is drawn down, there will be a further very significant expansion of the Reserve Bank's balance sheet.

Government bond markets are functioning well, alongside a significant increase in issuance.  Bond yields are around record lows.  Early in September, the Bank bought a further $2 billion of Australian Government Securities (AGS) in support of its 3-year yield target, bringing total purchases of government securities since March to $63 billion.  Over the past couple of weeks, 3-year yields have fallen to around 18 basis points as markets price in some probability of further monetary policy easing.

The Board is committed to do what it can to support jobs, incomes and businesses in Australia.  Its actions, including last month's decision to expand the Term Funding Facility, are keeping funding costs low and assisting with the supply of credit.  The Board views addressing the high rate of unemployment as an important national priority.  It will maintain highly accommodative policy settings as long as is required and 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 Board continues to consider how additional monetary easing could support jobs as the economy opens up further.

The majority of Council’s investment portfolio (80%) is invested in deposits / securities with Australian Authorised Deposit taking Institutions (ADI’s). This percentage is slightly lower than normal due to Council holding 19% in cash at the end of September, which is held with the NAB, but is not included in our deposit/securities calculation. 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 2019/20 and 2020/21.

As shown in the chart above, Council’s portfolio yield greatly exceeds 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 September 2020 is summarised below.

Details of Council’s investment portfolio as at 30 September 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 2020/21, 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 September was $273,354.

The chart below compares actual interest received to date with budgeted interest for the year.

Interest for the month of September represented an increase of 0.98% pa vs the bank bill benchmark of 0.09% pa for the month.

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 Section 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.       September 2020 Investment Summary Report    


Ordinary Council Meeting Agenda

17 November 2020

 

15.4       Quarterly Budget Review Statement for the period ended 30 September 2020

File Number:           12275#114

 

Executive Summary

The purpose of this report is to present the Quarterly Budget Review Statement for the period ending 30 September 2020.

The document reports detailed information on Council's financial progress for the first quarter of the 2020/21 financial year.

It is recommended that the Quarterly Budget Review Statement for the period ending 30 September 2020 and proposed adjustments to the 2020/21 budget estimates, be adopted.

A current list of projects comprising the Capital Works Program will also be tabled for information purposes.

Recommendation

That Council:

1.       Adopt the Quarterly Budget Review Statement for the period ending 30 September 2020 and proposed adjustments to the 2020/21 budget estimates.

2.       Note the information provided in the tabled "Current List of Projects Comprising the Capital Works Program".

Report

This Quarterly Budget Review reports on the financial progress towards achieving Council’s 2020/21 Operational Plan objectives as at 30 September 2020.

The Quarterly Review also reports on Council's progress towards delivering the Draft Capital Project program 2020/21. A list of the current projects comprising the 2020/21 Capital Works Program will be tabled.

The Quarterly Budget Review Statement measures Council’s financial health as we progress through the year. It needs to adequately disclose Council’s overall financial position and provide sufficient information to enable Councillors to make informed and transparent decisions.  It is also a means by which Councillors can ensure that Council remains on track to meet its objectives, targets and outcomes as set out in the Delivery Program and Operational Plan.

The Office of Local Government has prescribed that the Quarterly Budget Review Statement includes (as a minimum) the following components:

·        Statement by the Responsible Accounting Officer on Council’s financial position at the end of the year based on the information in the review documents.

·        Income and Expenses Statement, showing the original and revised budgets, along with any changes proposed in the current Quarterly Review.  Actual income and expenditure to date is also required to be shown.

·        Explanation for material variations between the revised budget and projected year end result and likely impacts of the variation.

·        Capital Budget, also showing the original and revised budgets, along with any changes proposed in the current Quarterly Review.  Actual income and expenditure to date is also required to be shown.

·        Explanation for variations between the revised capital budget and projected year end result and likely impacts of the variation.

·        Cash and investments position.

·        Key Performance Indicators.

·        Contracts entered into during the quarter (>$50,000).

·        Expenditure to date for Consultancies and external Legal Fees.

Collectively, these documents form the Quarterly Budget Review Statement (QBRS).  Clause 203 (1) of the Local Government (General) Regulation 2005 requires a QBRS to be submitted to Council within two months after the end of each quarter (except the June quarter).

This is the first Quarterly Budget Review of Council’s 2020/21 Operational Plan, which in turn contributes to the delivery of Council’s four year Delivery Program and the twenty year Community Strategic Plan.  In accordance with the Local Government Act 1993, the QBRS for the period ending 30 September 2020 is presented for Council’s consideration.

Consultation

The QBRS is an internally produced document that reports the progress of the 2020/21 Operational Plan.  Therefore, in the preparation of this document there was no need for public consultation.

Financial Implications

The QBRS provides Council and the Community with information in relation to Council’s projected financial position. Having regard to the projected budget estimates and the original budget, Council’s financial position is considered to be satisfactory.

Details of the proposed budget variations for the first quarter of the 2020/21 financial year are provided in the Quarterly Budget Review Statement for the period ending 30 September 2020 (provided under separate cover).

A copy of the QBRS and the current list of projects comprising the 2020/21 Capital Works Program will be placed on Council’s website.

Attachments

1.       Quarterly Budget Review Statement for the period ending 30 September 2020 (under separate cover)   

 

There are no attachments to this report. The Quarterly Budget Review Statement for the period ending 30 September 2020 will be provided under separate cover and be publicly available by the Community Forum on Tuesday 10 November 2020. The current list of projects comprising the Capital Works Program will be tabled at the meeting.  


Ordinary Council Meeting Agenda

17 November 2020

 

16          Notice of Motion/Rescissions

16.1       Notice of Motion - Mary Walker Memorial Pool Warragamba Extending Business Hours

File Number:           12275#116

 

I, Councillor Matt Gould, intend to move the following motion:

 

Motion

That a report urgently come to Council at the next Council meeting that examines the ramifications and identifies opportunities to modify the operations of the Mary Walker Memorial Pool at Warragamba to:

a)      Extend weekend operations until at least 6pm for Summer

b)      Allowing for extended evening opening hours to at least 9:00pm on Fridays and Saturdays when the temperature is predicted to reach or exceed 42oC (either locally or at the Badgerys Creek, Camden or Penrith BOM weather stations)

c)      Allowing any patrons who are at the pool when it closes at the end of the morning session to re-enter within half an hour of the commencement of the afternoon session without additional charge.

 

CEO’s Comment: The requested report can be provided within existing resource allocations.

Attachments

Nil


Ordinary Council Meeting Agenda

17 November 2020

 

16.2       Notice of Motion - Request Release of Picton Bypass Studies

File Number:           12275#118

 

I, Councillor Michael Banasik, intend to move the following motion:

 

Motion

That Council:

1.       Urgently write to the NSW Minister for Transport the Hon. Andrew Constance MP requesting Transport for NSW immediately release the $3million traffic studies into a possible bypass in Picton which were conducted a few years ago.

2.       Further, expresses its deep concern about the planned four month closure of Victoria Bridge in 2021 and request Transport for NSW to look at other alternatives to lessen the pain on local residents and businesses, for example school holiday closures, night work and weekend work.

 

CEO’s Comment: This motion if adopted can be actioned using current resources.

 

Attachments

Nil    


Ordinary Council Meeting Agenda

17 November 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       Acquisition of Land for Public Purpose - Stormwater Drainage Works and the Provision of Stormwater Management - Lot 8 DP 23894, 58 Steveys Forest Road, Oakdale

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

Information if disclosed would prejudice Council's discussions in this matter.

17.2       Road Widening  and Acquisition of Land Part Lots 213 DP 1109177 & Lot A DP 160940 213 Menangle Street Cnr Prince Street, Picton

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

The matter if released would disadvantage Council with whom Council are conducting business with.

17.3       Proposed Leases - Tahmoor Community Centre - Part Lot 46 DP 730919,  6 Harper Close Tahmoor

This matter is considered to be confidential under Section 10A(2)(c) and (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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Council is undertaking commercial business for leasing of premises and, if this information is released, it would be an advantage to the person with whom Council is doing business with and prejudice the position of Council.

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

 

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

 

 

 


Ordinary Council Meeting Agenda

17 November 2020

 

18          Questions for Next Meeting

No reports this meeting