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

 

Date:

Tuesday, 20 April 2021

Time:

6.30pm

Location:

Council Chamber

62-64 Menangle Street

Picton NSW 2571

 

RE-ISSUED AGENDA

 

 

Ordinary Council Meeting

 

20 April 2021

 

 

 

MMalone - signature

Michael Malone

Acting Chief Executive Officer

 


Ordinary Council Meeting Agenda

20 April 2021

 

 


Ordinary Council Meeting Agenda

20 April 2021

 

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       Items by exception. 7

12       Sustainable and Balanced Growth. 8

12.1          Submission on the Agricultural Land Use Planning Strategy Options Paper 8

12.2          Secondary dwellings in rural zones. 12

12.3          Heritage Community Advisory Committee - 23 February 2021 Meeting Minutes. 16

12.4          Draft Amendments to Wollondilly Development Control Plan 2016 - Residential Flat Buildings. 18

12.5          Rural Industry Community Advisory Committee - 3 March 2021 Meeting Minutes. 23

12.6          Post Notification - Bingara Gorge - Deed of Variation (New Oval Road) 25

12.7          Notification of Myrtle Creek Avenue Tahmoor Planning Agreement 27

12.8          Notification of Draft Penny Lane Carpark Thirlmere Planning Agreement 29

12.9          Notification of 30 Bronzewing Street Tahmoor Planning Agreement 32

13       Management and Provision of Infrastructure. 34

No reports this meeting

14       Caring for the Environment 34

No reports this meeting

15       Looking after the Community. 35

15.1          Adoption of the Wollondilly Library Strategy 2020-2026. 35

15.2          Financial Assistance - Donation Request 40

15.3          Agricultural Enterprise Credit Scheme. 41

15.4          Draft Child Protection Policy. 44

16       Efficient and Effective Council 47

16.1          Investment of Funds as at 28 February 2021. 47

16.2          Presentation of 2019-20 Annual Financial Statements to the Public. 51

16.3          Public Exhibition of Draft Revised Delivery Program 18-22 and Combined Draft Operational Plan and Budget 2021/22. 53

16.4          Quarterly Budget Review Statement - December 2020. 54

17       Notice of Motion/Rescissions. 59

17.1          Notice of Motion - Sporting Fields. 59

17.2          Notice of Motion - Greyhound Industry. 61

17.3          Notice of Motion - Koala Habitat Protection. 62

17.4          Notice of Motion - Seniors Guide to Services. 63

17.5          Notice of Motion - Fire Stations. 64

17.6          Notice of Motion - Upgrades to Appin Road. 65

17.7          Notice of Motion - Flood Response. 66

17.8          Notice of Motion - Oberon-Colong Stock Route. 67

17.9          Notice of Motion - Sheehys Creek Road. 68

18       Closed Reports. 69

No reports this meeting

19       Questions for Next Meeting. 70

19.1          Question with Notice - Oakdale Community Hall 70

 


1            Opening

2            Recording of the Meeting

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

3            Webcast Notice

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

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

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

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

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

Ordinary Council Meeting - 16 March 2021

9            Items to be Tabled


Ordinary Council Meeting Agenda

20 April 2021

 

10          Mayoral Minute

10.1       Mayoral Minute

File Number:           12275#228

 

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

20 April 2021

 

11          Items by exception


Ordinary Council Meeting Agenda

20 April 2021

 

12          Sustainable and Balanced Growth

12.1       Submission on the Agricultural Land Use Planning Strategy Options Paper

File Number:           12275#201

 

Executive Summary

The purpose of this report is to seek Council endorsement for the officer submission on the Agricultural Land Use Planning Strategy Options Paper released on 21 December 2020 by the Department of Primary Industry and the NSW Agricultural Commissioner. The closing date for submissions was extended from 28 February 2021 to 12 March 2021 following a request from Council staff on behalf of Council’s Rural Lands Community Advisory Community.

The options paper seeks feedback on identified ongoing policy problems impacting agriculture in land use planning. The feedback will inform the development of an Agricultural Land Use Planning Strategy and Policy for New South Wales.

On 10 March 2021, Council’s CEO, Director Planning and relevant staff met with the NSW Agricultural Commissioner, Mr Daryl Quinlivan, to discuss the draft submission and key issues facing agriculture in the Shire.

The officer submission was finalised following that meeting and forwarded to DPI on 12 March 2021.  A copy is attached to this report. There was no opportunity to report the draft to Council before the submissions deadline. 

In addition to the Council submission, Wollondilly Council led a joint submission on behalf of the Sydney Peri Urban Network (SPUN). The submission advocates on those issues experienced at a regional level on behalf of several councils. A copy of that submission is also attached to this report for information.

Members of Council’s Wollondilly Rural Lands Community Advisory Community also made a separate submission, a copy of which was provided to Council separately for information. This report does not evaluate that submission or any other rural or agricultural landowner submission, but does note broad level issues that have been raised previously by the Committee.

Recommendation

That Council:

1.       Endorses the attached officer submission on the Agricultural Land Use Options Paper.

2.       Continues to advocate to ensure long-term viability of agricultural lands in Wollondilly.

 

Report

Background

On 3 August 2020, the NSW Government appointed a NSW Agriculture Commissioner (Commissioner) to advocate on behalf of the state’s primary producers and to work with stakeholders to understand barriers to the future success and viability of agriculture in NSW. The Commissioner is taking the lead on the development of a new agricultural land use planning strategy for NSW.

The development of a strategy is in response to a review of the effectiveness of the Right to Farm Policy which found that that there are ongoing issues impacting agriculture in land use planning. The review also flagged that the NSW planning framework contains substantial barriers to primary production and long term land use.

 

In September 2020, DPI undertook targeted consultation with local government, including Wollondilly, and peak agriculture industry bodies to guide the Commissioner’s work. Feedback was invited through webinar sessions and submissions on the NSW Agricultural Land Use Planning Issues Paper.

The Agricultural Land Use Strategy Options Paper (Options Paper) responds to the feedback so far and has been open to all interested stakeholders.

The options paper is structured to direct feedback around options within three themes:

1.    Minimising the loss of productive capacity

2.    Reducing and managing land use conflict

3.    Supporting the growth of agriculture and regional economies.

Each of the three themes contained options to manage the issues highlighted by the theme.

Council’s strategic planning team undertook a review of the options paper and provided commentary on each of the suggested options.

Overview of the Agricultural Land Use Planning Strategy

Theme 1: How to preserve long term availability of productive land

This theme asked submitters to consider that whilst land use changes over time, in response to factors such as population growth, lifestyle preferences and competing economic factors, the value of agricultural land cannot be understated.

Options to preserve agricultural land include better recognition of significant agricultural areas through mapping, monitoring and reporting the loss of agricultural land, better education for planners around the needs of agricultural operations and whether better protection can be implemented by making changes to the existing statutory framework.

Theme 2: How to reduce land use conflicts and support dispute resolution processes

This theme asked submitters to consider the impact that land use conflict has on farmers.

It acknowledged the impact on farmer’s health and business and discussed the complexity of dispute resolution in NSW and the lack of a single body, with sufficient industry knowledge, to manage disputes – particularly “nuisance complaints” (issues around normal farming practices).

This theme raised questions around whether existing dispute resolution bodies could be empowered further or whether a new body is needed.

Theme 3: How to support and grow both agriculture and the regional economies that support it

This final theme asked submitters to consider legislative and policy mechanisms that are used to support agriculture in NSW, and how these could be amended and improved.

It highlighted the inconsistency in land use planning and how agriculture is managed, and valued in local government areas across NSW.

Options in this theme included increasing, and/or better defining, the existing agriculture definitions within the Standard Instrument LEP, expanding the exempt and complying developments to include things like orchard netting and cattle shelters, mandated buffer guidelines and guidelines on how to consider and weigh submissions during post-exhibition reporting.

Submission Key Points

The Options Paper takes a conservative approach to protecting agriculture and includes suggested levers to prohibit or require additional steps in the development consent process for non-agricultural land uses on rural zoned land.

 

Council’s submission highlights the need to support rural landholders and producers and protect rural landscapes by providing opportunities to diversify income sources. In particular, through developing the visitor experience and economy.  This is consistent with the general theme from RICAC, and was clearly articulated to the NSW Commissioner during the meeting in March.

Theme 1: How to preserve long term availability of productive land

In response to this theme, Council’s submission highlighted that development is not the only risk factor for agriculture, natural disasters also need to be considered and this means diversifying income streams.

The submission agrees broadly to identifying areas of higher agricultural significance, however it also highlights that Wollondilly does not possess these lands in a definable cluster and that the need for buffers in activities like poultry farming changes the required scale of these lands.

The submission also agreed to: the value of monitoring the loss of viable agricultural lands, particularly given the LGAs surrounding Wollondilly have lost significant amount of land and industry due to development, the importance of building the capacity of planners to understand farming practices, and state-based mapping of significant agricultural lands. Viability is important to look at both individually at a local scale through land cost, but also importantly, access to water, access to complimentary industry and support services, viability of clusters, productions rates and the macro scale.

The submission strongly advocates for further consultation as the Agricultural Land Use Planning Strategy is developed, establishing thresholds if non-agricultural land uses are to be referred to DPI as part of the development consent process, and supporting rural land holders and producers through greater flexibility in land use permissibility. The flexibility of land use and diversifying income streams is consistent with those matters raised by RICAC, and was also raised to the NSW Agriculture Commissioner directly by staff.

Theme 2: How to reduce land use conflicts and support dispute resolution processes

Council’s submission highlighted that Wollondilly has, in general, very few nuisance complaints around farming practice.

In addition, Council has a longstanding adopted position, as well as the Good Neighbour Charter for our poultry industry, meaning that most land use conflict concerns are resolved without compliance action.

The submission highlighted that the paper does not distinguish between “dispute” and “complaint” and that there are not standard “normal farming practice” guidelines. However it would be useful if industry bodies created these and they were available to Council’s as a template for standard development application conditions.

The submission neither supported, nor rejected, the idea of a new dispute resolution body, however, highlighted the need for any potential body to be governed by appropriate technical guidelines that reflected normal farming practice and would not subject farmers to lengthy or costly legal engagements.

Theme 3: How to support and grow both agriculture and the regional economies that support it

Council’s submission highlighted concerns around the expansion of the Exempt and Complying State Environmental Planning Policy (SEPP) applying to non-agricultural development in rural areas, and the Rural Housing SEPP.

The submission indicates that prescribed zones for these SEPPs need to be reconsidered to factor in the potential impact of additional housing in rural areas. However, the submission, supported the expansion of the Exempt and Complying SEPP for agricultural practices and structures, as long as these are adequately defined.

The submission also considered the importance of appropriate buffers, including the use of the RU6 zone as a buffer, but made reference to concerns about buffers when agricultural industries need to expand.

Finally, the submission agreed that the onus to accommodate incompatible land uses must be placed on developers, and not existing farms, as they are changing the nature of the established landscape. 

Consultation

The Options Paper was exhibited by DPI from December 2020 until 28 February 2021. The closing date for submissions was then extended until 12 March 2021 after Council staff requested an extension on behalf of its landowners and industry.

During the exhibition period staff had an opportunity to provide feedback to DPI through three briefing webinars. The CEO, Director Planning and senior staff also met the Agriculture Commissioner to discuss the challenges and opportunities for rural land holders and producers in Wollondilly.

In preparation of this submission, input was received from a range of sections of Council including Environmental Services, Compliance, and Community & Corporate.

Financial Implications

This matter has no current financial impact on Council’s adopted budget or forward estimates. The submission was prepared by staff within the operational budget.  Implications of any future legislative changes will need to be considered at the appropriate time.

Attachments

1.       Wollondilly Shire Council Agricultural Land Use Planning Strategy Options Paper submission  

2.       SPUN Submission and cover letter to Agriculture Commissioner    


Ordinary Council Meeting Agenda

20 April 2021

 

12.2       Secondary dwellings in rural zones

File Number:           12275#204

 

 

Address:                               Shire Wide

Current Zoning:                   Land within rural zones

Proposal:                              Draft Planning Proposal to amend the Wollondilly Local Environmental Plan 2011 by adopting new optional clause 5.5 (Controls relating to secondary dwellings on land in a rural zone) of the Standard Instrument Local Environmental Plan.

Applicant:                             Wollondilly Shire Council

Executive Summary

The purpose of this report is to seek Council support to urgently reinstate size requirements for secondary dwellings in rural zones that were inadvertently removed from the Wollondilly Local Environmental Plan 2011 (Wollondilly LEP).

Amendments to State Environmental Planning Policy (Affordable Rental Housing) 2009, Standard Instrument (Local Environmental Plans) Order 2006 and Wollondilly Local Environmental Plan 2011 took effect on 1 February 2021 and resulted in changes to clause 5.4(9) of the Standard Instrument, which prescribed maximum floor area controls for Secondary Dwellings. The amendments resulted in the clause no longer applying to Secondary Dwellings in rural zones across the whole State. 

These ‘phase 1 changes’ were made as part of the State Government’s package on improving diverse and affordable housing. Part of the package now provides an opportunity for Councils flexibly set a maximum size for secondary dwellings in rural zones.

Wollondilly Shire Council staff identified the unintended impact of these changes, and took a lead in advocating via the Planning Partnership Office for the Department of Planning, Industry and Environment (DPIE) to rectify this situation without the need for individual Councils to progress Planning Proposals. 

A response was received from DPIE on 19 March 2021 with a proposed solution to avoid the need for individual Council planning proposals as follows:

·    Councils to respond by 20 May 2021.

·    A Council resolution to be made confirming the individual Council’s preferred maximum size for secondary dwellings on rural land; and the proposed maximum distance a secondary dwelling can be located from the principal dwelling.

·    DPIE will then progress the requested changes to the Council LEP via the proposed Housing State Environmental Planning Policy.

Given the changing and evolving nature of the situation, this report provides options moving forward to urgently fix the situation by reinserting the existing controls, but it also provides an option to commence a review of the controls should Council be open to supporting such a review.

Should DPIE be unable to reinstate the controls in a timely manner via the SEPP and the situation needs to be resolved via a Council planning proposal, the required amendments are considered to be minor and not require public exhibition.

 

 

 

Recommendation

That Council:

1.    Advises the Department of Planning, Industry & Environment as follows:

a.   The maximum size for a secondary dwelling in Wollondilly should be reinstated to its original size (60m2) as an interim approach.

b.   No maximum distance be applied.

c.   A planning proposal will be progressed once a proper review has been carried out.

d.   Request DPIE to carry out an urgent amendment to the Wollondilly Local Environmental Plan to reinstate the former controls if the SEPP amendment does not progress in a timely manner.

2.    Agrees to the following actions, should 1(d) need to progress:

a.   Support the preparation of a Planning Proposal for Secondary Dwellings in Rural zones by adopting optional clause 5.5 of the Standard Instrument (Local Environmental Plans) Order 2006.

b.   Forward the Planning Proposal to the Department of Planning, Industry & Environment for a Gateway determination.

c.   Request that no public exhibition is required because of the minor nature of the planning proposal in accordance with section 3.34(2)(C) of the Environmental Planning and Assessment Act 1979.

d.   Request DPIE to delegate plan making functions to Council for the LEP Review Program for the planning proposal in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979.

3.    Notes that a report will be prepared for a future Council meeting outlining options for different maximum secondary dwelling sizes following an informed assessment and review. 

 

REPORT

Background

In July 2020 the Department of Planning, Industry and Environment exhibited an Explanation of Intended Effect (EIE) for a new Housing Diversity State Environmental Planning Policy (SEPP) for feedback. The proposed amendments sought to respond to the changing housing needs and preferences of the community from a growing and ageing population.

Among other things the proposals included amending the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) to allow councils to set the maximum size for a secondary dwelling in a rural zone.

The EIE indicated an intention to provide Councils the flexibility, if they chose to, to permit secondary dwellings in rural zones under their local environmental plans. Further, the proposed changes intended to provide Councils with discretion to set a maximum size for secondary dwellings in rural zones that is not linked to the size of the principal dwelling and would better reflect the rural character of these areas.

Previously, by permitting secondary dwellings within rural zones, Councils were also tied to the compulsory provision under the Standard Instrument LEP and meant that the maximum size of a secondary dwelling was limited to, the greater of 60m2 or a percentage of the total floor area of the principal dwelling.

 

Council’s submission to the EIE supported the proposed changes in principle. Council’s submission noted that there was support for a larger maximum size (i.e. larger than 60m2), but a need to limit the potential for excessively large dwellings currently permitted by the percentage of the total floor area.

On 1 February 2021, changes to the ARHSEPP came into place through to introduction of a new optional clause 5.5 of the Standard Instrument (Local Environmental Plans) Order 2006. The new optional clause provides councils the ability to set the maximum size of secondary dwellings in a rural zone as the greater of a specified size in square metres or as a percentage of the total floor area of the principal dwelling. The new clause will also allow councils the option to set a maximum distance a secondary dwelling may be from the principal dwelling.

The amendments to the ARHSEPP and Standard Instrument LEP Order were supported by updating clause 5.4 in local environmental plans including the Wollondilly Local Environmental Plan 2011. The update involved amending the clause 5.4(9) so that it no longer applied to rural zoned land.

The table below provides the relevant updates to clause 5.4(9) to the WLEP 2011.

Clause 5.4(9) prior to 1 February 2021

Updated Clause 5.4(9) as of 1 February 2021

(9) Secondary dwellings - if development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater –

a)    60 square metres,

b)    25% of the total floor area of the principal dwelling.

(9) Secondary Dwellings on land other than land in a rural zone – If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever is the greater –

a)     60 square metres,

b)     25% of the total floor area of the principal dwelling.

 

An unintended implication from the recent update has been that as of 1 February 2021 there are currently no size limitations for secondary dwellings in rural zones in Wollondilly. This is considered to pose a significant risk to secondary dwellings within rural zones. It is noted that the previous size requirements that applied to secondary dwellings in Wollondilly, including rural zones, have been in place since July 2011. Under the WLEP 2011 Secondary dwellings are currently permitted with consent in all rural zones (i.e. RU1 Primary Production, RU2 Rural Landscape and RU4 Primary Production Small Lots).

The benchmark timeframe for this type of planning proposal (i.e. administrative changes and errors) is 3 months.

Description of proposal

In response to the recent update to the Wollondilly LEP a planning proposal is proposed as the second option to reinstate the size requirements for secondary dwellings in rural zones through a housekeeping amendment.

It is intended to achieve this by adopting the new optional clause 5.5 of the Standard Instrument (Local Environmental Plan) Order 2006. Optional clause 5.5 is as follows:


 

5.5  Controls relating to secondary dwellings on land in a rural zone

If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone –

(a)  The total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater-

(i)    [inset number] square metres,

(ii)   [insert number] % of the total floor area of the principal dwelling, and

(b)  The distance between the secondary dwelling and the principal dwelling must not exceed [insert number] metres.

1.      Direction – This clause may also be adopted without paragraph (a) or without paragraph (b).

With the option put forward by DPIE, and with the possible planning proposal option, both options would seek to:

·    Adopt paragraph (a) only.

·    Reinstate the previous longstanding size requirements for secondary dwellings in rural zones by restricting secondary dwellings in rural zones to 60 square metres or 25% of the total floor area of the principal dwelling.

Council may wish to review these provisions in the future and apply different size requirements as part of a separate planning proposal in the future. This option forms part of the recommendation to Council.

Planning Context

As the principal function of a planning proposal (or through the Departments SEPP amendment process) only seeks to reinstate the size requirements were in place prior to 1 February 2021 it is not considered that there are any inconsistencies, or if there are they are only minor, with the following:

·     Wollondilly Community Strategy Plan 2033

·     Wollondilly 2040 Local Strategic Planning Statement (2020)

·     Greater Sydney Region Plan (2018)

·     Western City District Plan (2018)

·     Section 9.1 Ministerial Directions

·     State Environmental Planning Policies

CONSULTATION

Community Consultation

No consultation has been undertaken to date.

It is noted that Council’s Community Participation Plan and Planning Proposal Policy require preliminary consultation period for Council initiated planning proposals of 28 days and that any  requirements for further consultation of the planning proposal may be set by the Gateway determination should a planning proposal proceed.  It is understood that the proposed option put forward by DPIE would not look to exhibit any proposed changes to the community.

In this regard, it is recommended that should Council be of a mind to consider amending the maximum secondary dwelling size, consultation should occur through a planning process with its community.

 

Consultation with Public Agencies

No consultation has been undertaken with public agencies to date.

FINANCIAL IMPLICATIONS

The recommendations can be accommodated within additional resourcing and budget.

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

12.3       Heritage Community Advisory Committee - 23 February 2021 Meeting Minutes

File Number:           11055#394

 

Executive Summary

1.              The Heritage Community Advisory Committee is a Committee established by Council consisting of members representing heritage matters. The Committee meets quarterly. The Committee’s purpose is to:

a)    Provide feedback on heritage for consideration on planning matters.

b)    Facilitate communication between industry and various levels of government. 

c)    Create and support opportunities and initiatives that will increase heritage awareness.

2.         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.

3.         The purpose of this report is to present the minutes of the Heritage Community Advisory Committee meeting held on 23 February 2021.

4.          

Recommendation

That Council:

1.    Receives and notes the minutes of the Heritage Community Advisory Committee meeting of the 23 February 2021.

2.    Notes the Committee’s recommendation to Council that it seek a report on the benefits, obligations and membership requirements of joining the National Trust.

3.    Calls for a future report to Council on the benefits, obligations and membership requirements of joining the National Trust.

 

Report

The Committee was provided with an update on the following;

1.    Stage 1 Heritage Study of the Wollondilly Shire, which includes Menangle, Appin and Warragamba.

2.    The application from Council to the NSW Heritage office seeking further funding to carry out Heritage studies for the remainder of LGA.

3.    Current planning agreements including the old Menangle school site and its potential future use, as well at the Wilton Homestead and proposed Smart Hub at the Picton Post Office.

4.    The Draft Picton Place and how the plan will recognise Picton as the Government Centre of the Shire and include a strong emphasis on Wollondilly’s cultural heritage history.

The Committee also discussed heritage grants and the Australian Heritage Festival which led to a recommendation that Council seek a report on the possible benefits of joining the National Trust. 

Further topics discussed were the KUNGLA sign and the formation of a heritage strategy.

The meeting concluded with the Committee viewing photos of Picton taken in the early 19th century from ancestors of a Council staff. 

 

 

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget.  Should Council support the recommendation of the Heritage Committee a future report would outline financial implications for membership with the National Trust.

Attachments

1.       Draft Minutes - Heritage Community Advisory Committee - 23 February 2021    


Ordinary Council Meeting Agenda

20 April 2021

 

12.4       Draft Amendments to Wollondilly Development Control Plan 2016 - Residential Flat Buildings

File Number:           12275#208

 

 

Location:                               Shire wide

Current Zoning:                   R3 – Medium Density Residential

Proposal:                              Amendments to Volume 4 of Wollondilly Development Control Plan 2016 (WDCP) - Residential Flat Buildings

Executive Summary

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

At its Ordinary Council meeting of 17 March 2020, Council adopted a range of new controls to ensure that Multi Dwelling Housing developments in the Shire achieve better design outcomes that better respond to the existing character of the area where they are located. Controls were based around landscaping, car parking and waste management. 

At that meeting, Council also noted the discrepancy with existing controls relating to residential flat buildings and resolved:

That as soon as practical Council prepare and exhibit a further amendment to Part 3- 3.19 – Residential Flat Buildings, so that the controls are generally consistent with the controls adopted in Part 3 -3.18 – Multi Dwelling Housing

Council’s Sustainable Growth team has now undertaken a review of the residential flat building controls.  A number of amendments are proposed to ensure that developments in Wollondilly achieve better built form and design outcomes.

A further report will be prepared for Council on the outcome of the public exhibition.

Recommendation

That Council:

1.    Supports the exhibition of the Draft Wollondilly Development Control Plan 2016 (Residential Flat Buildings) for 28 days.

2.    Notes that a further report will be provided to Council on the outcomes of the consultation and any proposed changes.

 

REPORT

Background

In 2020, the Wollondilly Development Control Plan 2016 (WDCP) was updated to strengthen planning controls for ‘multi dwelling housing’ with a focus on ensuring that new development would be compatible with local character and streetscape.

On adopting the amendments to the WDCP for multi dwelling housing, Council resolved to apply a similar approach to the controls for residential flat buildings.

At the Ordinary Meeting of Council on 17 March 2020 Council resolved:

‘That as soon as practical Council prepare and exhibit a further amendment to Part 3- 3.19 – Residential Flat Buildings, so that the controls are generally consistent with the controls adopted in Part 3 -3.18 – Multi Dwelling Housing.’

Preserving and respecting the rural character is a major challenge in Wollondilly especially when considering development proposals for higher density developments.

The proposed controls will apply to development applications for residential flat buildings on land covered by the Wollondilly Local Environmental Plan 2011 (Wollondilly LEP). They will not apply to land in the Wilton growth area.

Under the Wollondilly LEP, Residential Flat Buildings are permissible with consent in the following land use zones:

·     R3 Medium Density Residential, and

·     B4 Mixed Use

These zones are typically located within the larger towns and villages in the shire which are better served by infrastructure and accessible services.

The current maximum building height in these locations is 9m which tends to limit the height of residential flat buildings to two-storeys.

Proposed Amendments to the Wollondilly Development Control Plan 2016

The proposed amendments have been informed by a comprehensive review, including:

·     A desktop review of the relevant legislation, policies and guidelines to determine best practice. These include:

State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

Apartment Design Guide (ADG)

Explanation of intended effect for a Design and Place SEPP

Evaluating Good Design – Government Architects NSW

Better Placed - Government Architects NSW

Wollondilly draft Centres Strategy

Wollondilly draft Housing Strategy

Liveable Housing Design Guidelines

Development controls and guidelines prepared by other councils.

·     A review of the current planning controls within the WDCP for multi dwelling housing and residential flat buildings

·     Consultation with relevant teams within council for technical input; including Development Assessment, Environmental Services, Facilities & Recreation, Strategic Planning, Engineering Development, and Waste Projects.

The draft controls have been prepared to achieve the land use vision for Wollondilly over the next 20 years as set out in Wollondilly 2040 Local Strategic Planning Statement for a prosperous, sustainable and resilient future for Wollondilly residents, with an enviable lifestyle of historic villages, modern living rural lands and bush.

In particular, the proposed planning controls have been identified to achieve the following outcomes:

Strategic Outcomes:

Achieved by:

Protecting and enhancing the existing streetscape and local character

·    Appropriate bulk and scale

·    Minimum site requirements

·    Increased landscaping requirements and setbacks

·    Roof form to complement existing streetscape and character

Support health and wellbeing of future residents

 

·    Establishing minimum internal living areas and private open space requirements based on the occupancy of proposed units.

·    Provision of communal open space

·    Incorporating crime prevention through environmental design (CPTED) principles

Protecting Healthy and sustainable environments

·    Increased landscaping requirements

·    Tree planting to contribute to the urban tree canopy

Ensuring servicing and functionality

·    adequate waste collection

·    Car parking requirements

 

The outcomes will be achieved through amendments to the following sections in Volume 4 ‘Residential Developments’ of the WDCP:

·     Part 3.19 – ‘Residential Flat Buildings’ under Volume 4 – ‘Residential Developments’ of WDCP 2016.

·     These controls will apply to all residential flat building developments that are subject to the WDCP 2016.

·     Part 4.8 – ‘R3 zoned land at Thirlmere’ under Volume 4 – ‘Residential Developments’ of WDCP 2016.

·     This part will only apply to residential flat buildings proposed on R3-Medium Density Residential zoned land in Thirlmere in addition to Part 3.19 – ‘Residential Flat Buildings’.

The proposed draft planning controls to the development control plan are provided at Attachments 1 and 2.

The existing objectives for residential developments set out in ‘Part 1 – Preliminary’ under Volume 4 – ‘Residential Developments’ of WDCP 2016 are considered appropriate. Therefore, no amendments are proposed to the objectives.

The need to review the planning controls to guide residential flat development was initiated by Council with a view to ensuring that the recent work to establish a better approach to the development of multi dwelling housing is extended to the development of residential flat buildings.

In this regard:

·     Where appropriate, a similar approach has been included in terms of planning controls for minimum site requirements, building and development design, solar access, car parking, landscaping including trees, and waste management through onsite collection

·     In recognition of the likelihood for residential flat development to result in a higher density than multi dwelling housing a more or less intensive approach, as appropriate, to some provisions is considered appropriate for residential flat buildings in terms of setbacks, and  communal open space. However, these controls have been identified on the basis that any proposed development would still achieve the same broader strategic outcomes

·     new provisions have been identified for residential flat buildings in terms of minimum internal space requirements, visibility of car parking areas, addressing crime prevention through environmental design

·     the same approach to development on R3 zoned land on Carlton Road, Thirlmere in terms of front setback requirements (i.e. 10 metres).

An explanation of the existing versus proposed approach is provided at Attachment 3.

PLANNING CONTEXT

Wollondilly 2040 Local Strategic Planning Statement (Wollondilly 2040)

Wollondilly 2040 Local Strategic Planning Statement (Wollondilly 2040) came into effect on 27 March 2020. The LSPS provides a clear strategic land use vision for Wollondilly Shire for next 20 years and guides the implementation of the District Plan at a local level.

While there are no specific actions within Wollondilly 2040 specifically relating to this matter the proposed amendments will contribute towards a number of planning priorities, including;

·     Planning Priority 5 – Providing housing options that meet local needs and match the local character of towns and villages. Particularly action 5.2

·     Planning Priority 6 – Embedding health and wellbeing considerations into land use planning for health places. Particularly action 6.2

·     Planning Priority 8 – Enhancing vibrant, healthy and sustainable local towns and villages. Particularly action 8.4

·     Planning Priority 15 – Delivering an urban tree canopy. Particularly action 15.2

·     Planning Priority 17 – Planning resource recover options to serve local and district need in strategic locations. In particular action 17.2.

 

Application of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and Apartment Design Guide (ADG)

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development aims to improve the design quality of residential apartment development in New South Wales. It is supported by the Apartment Design Guide (ADG) which provides benchmarks for designing and assessing residential apartment development. The ADG applies to residential flat buildings that are three or more storeys and that have four or more dwellings subject to additional criteria.

As the maximum height of buildings in all Wollondilly’s R3 – Medium Density Residential and B4 – Mixed Use zoned land is 9m it is unlikely that SEPP No 65 or the ADG would apply to proposed residential flat buildings.

However, it provides a safeguard in terms of guidance for any development three storeys or more if proposed and has been reviewed to inform the proposed amendments to the WDCP covered by this report.

 

Draft Design and Place State Environmental Planning Policy (Design and Place SEPP)

In February 2020, an Explanation of intended effect (EIE) for a Design and Place SEPP was published by the Department of Planning, Industry and Environment (the Department).

The proposed Design and Place SEPP will establish principles for the design and assessment of places in NSW. The draft SEPP has been prepared as part of the Department’s commitment to simplifying and improving the NSW Planning System and reducing complexity. It will repeal and replace SEPP No 65 – Design Quality of Residential Apartment Development (SEPP 65) and SEPP (Building Sustainability Index: BASIX) 2004 (BASIX SEPP).

The EIE indicates that the Design and Place SEPP will be supported by a revised Apartment Design Guide (ADG).

The proposed amendment to the development control plan proposed by this report has been prepared on the basis of the current guidance included within the ADG. However, it is noted that a future Design and Place SEPP would apply to proposed residential flat buildings and could be considered as part of future updates to the WDCP.

CONSULTATION

In accordance with ‘Clause 18’ of Environmental Planning and Assessment Regulation 2000 it is proposed that the Draft Wollondilly Development Control Plan 2016 will be publicly exhibited for a minimum period of 28 days.

The amendments will also be exhibited to meet the requirements set out in the Wollondilly Community Participation Plan.

In particular, feedback will be encouraged by notifying the following stakeholders:

·     All owners of land zoned R3 – Medium Density Residential in the Shire

·     All owners of land adjoining or directly opposite to the R3 – Medium Density Residential zoned land

·     Architectural, drafting and planning firms who frequently submit development applications for medium density developments. At a minimum, this will include any company that has lodged multiple development applications with Council in the last two years.

The exhibition will be promoted online through Council’s engagement platform ‘Your Say Wollondilly’, Council’s website. Hardcopies of the draft amendments will also be provided at Wollondilly Library and Council’s Customer Service Centre.

FINANCIAL IMPLICATIONS

The costs associated with the preparation of the controls and the public exhibition will be covered within Council’s existing operational budget.

Attachments

1.       Proposed Amendments to WDCP 2016 - Part 3.19 - Residential Flat Buildings under Volume 4 of WDCP 2016  

2.       Proposed amendments to WDCP 2016 - Part 4.8 - R3 zoned land at Thirlmere under Volume 4 of WDCP 2016  

3.       Explanation of Intended Effects - Part 3.19 and Part 4.8 under Volume 4 of WDCP 2016    


Ordinary Council Meeting Agenda

20 April 2021

 

12.5       Rural Industry Community Advisory Committee - 3 March 2021 Meeting Minutes

File Number:           12275#211

 

Executive Summary

The Rural Industry Community Advisory Committee (RICAC) is a Committee established by Council consisting of members representing rural landowners. The Committee meets quarterly. The Committee’s purpose is to:

a)      Provide feedback on Planning Proposals and Development Applications which are likely to impact (positively or negatively) on agricultural production.

b)      Facilitate communication between industry and various levels of government. 

c)      Create and support opportunities and initiatives that will enhance agricultural production.

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 recommendations of the Rural Industry Community Advisory Committee meeting held on date 3 March 2021.

Recommendation

That Council:

1.       Receives and notes the minutes of the Rural Industry Community Advisory Committee meeting of 3 March 2021.

2.       Acknowledges the concerns of the Rural Industry Community Advisory Committee around viability in relation to the Rural Lands Strategy.

3.       Notes the Committee recommendation that Council not adopt the Rural Lands Strategy at the next Ordinary Council Meeting until a proper study into its viability and form is undertaken.

4.       Notes that a number of changes have been made to the draft Rural Lands Strategy in response to concerns raised by the Committee.

 

Report

At the meeting of the Rural Industry Community Advisory Committee on 3 March 2021, an update on the Rural Lands Strategy was provided by Council’s Sustainable Growth officers. It was noted that 20 submissions had been received during the exhibition process, including a submission from RICAC, and that careful consideration was given to each submission, with a number of resulting changes made to the draft Strategy. Committee members noted their concerns around viability and the need for further studies to be undertaken. 

It is noted that the Rural Lands Strategy will be reported to Council in May and that the issues raised by RICAC and other submitters will be reported to Council for full consideration. The report will address the issue of viability and note that the issue of viability was intrinsic in preparation of the study and throughout the strategy. In addition, it is also noted that the draft Strategy:

·        Has been used to accelerate the Planning Proposals Stage 1a and Stage 2 which focus on rural and visitor economy land uses;

·        Is the basis for Council’s submission on the Agricultural Land Use Strategy which strongly advocates for a range of matters raised by RICAC;

·        Supports Council’s recent advocacy to the Planning Minister and State Government regarding agricultural land use and the rural economy; and 

·        Complements recent proposed planning amendments for farming and agriculture exhibited by the NSW Department of Planning.

Advice from the Western Parkland City District Commissioner was discussed regarding the MRA and the District Plan. The GSC will be undertaking an urgent review of the Greater Sydney Regional Plan (GSRP) this year to take into account the unprecedented issues experienced across Greater Sydney in 2020, including those created by Covid-19. A detailed review of the GSRP and District Plans will then be conducted, to be concluded by the end of 2023, in line with statutory obligations.

The Department of Primary Industry representative noted that the exhibition period for the Agricultural Land Use Planning Strategy had been extended as requested by RICAC members, and commented that viability had been a consistent theme in webinars by the Agriculture Commissioner. 

 

Council’s Manager Environmental Outcomes also provided an overview of the Harvestable Rights Consultation Paper stemming from the Water Management Act. She offered to have further discussions with RICAC members to discuss their concerns about water trading as part of research into a submission on behalf of Council.

Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget.

Attachments

1.       Rural Industry Community Advisory Committee Meeting Minutes - 3 March 2021    


Ordinary Council Meeting Agenda

20 April 2021

 

12.6       Post Notification - Bingara Gorge - Deed of Variation (New Oval Road)

File Number:           12275#214

 

Executive Summary

The existing Bingara Gorge Planning Agreement was executed on 3 November 2007. Under the terms of the Planning Agreement, the ‘New Oval Road’ is due to be delivered by the 800th Residential Lot. In April last year, Lendlease submitted a request to Council to defer delivery of the New Oval Road to the 1,300th lot because of challenges gaining the required approvals and delivering the road in the timeframe originally agreed.

The proposed deferral of the new road will not jeopardise overall community infrastructure delivery and is considered on balance to be acceptable. It is considered that the updated agreement is in the best interests of the community as it ensures delivery of the New Oval Road by the developer, and also does not unnecessarily delay the Lendlease project which is supporting local jobs and economic development.

Council staff have negotiated in good faith with Lendlease, to allow an appropriate level of development to occur prior to the delivery of the New Oval Road. The terms of the existing planning agreement require the deferral of the works to be formalised in accordance with Clause 25D of the Environmental Planning & Assessment Regulations 2000. A Deed of Variation formalising the new delivery timeframe for the New Oval Road to the 1,300th lot was prepared and reviewed by Council’s external lawyers. The requested variation was agreed with an exchange of letters, and secured with a financial security.

This matter was last reported to Council on 15 December 2020, where Council resolved to publicly notify the Deed of Variation. Notification took place from 20 January 2021 to 19 February 2021.

No written submissions were received during the notification period. The Deed of Variation is now reported to Council for adoption.

Recommendation

That Council:

1.       Adopts the Deed of Variation attached to this report.

2.       Authorises the Chief Executive Officer to Execute the Deed of Variation on behalf of Council.

 

Report

The Bingara Gorge Planning Agreement (the VPA) was executed on 3 November 2007. Appendix D, Part 2 requires “New Oval Road” (the Road) to be completed prior to the issue of the subdivision certificate that would create the 800th residential lot. This road is shown in the VPA Works Schedule as proposed to be located in the “Wollondilly Street” road reserve.

Lendlease wrote to Council on 16 April 2020 (778 residential lots had been released at that time) formally requesting to defer the requirement to complete the Road from the 800th lot until the release of the Subdivision Certificate creating the 1,300th lot. The Bingara Gorge development now has 896 residential lots released.

In accordance with Council’s Bonds Policy, works required by a consent within a Council road reserve may be bonded, with an unconditional bank guarantee of 200% of the indexed works value. The VPA works value is $700,000 which indexes to $928,313 (March 2020 CPI) (200% bond being $1,856,626).

The developer has assured Council that the 1,300th lot provides a reasonable period of time to enable it to carry out its obligations and deliver New Oval Road.

The existing planning agreement provides net community benefit in line with the original proposal for 1,165 lots. There have been separate discussions between Council and Lendlease regarding the additional 635 lots approved by the Land & Environment Court on 30 August 2016.

A Deed of Variation formalising the new delivery timeframe for the New Oval Road to the 1,300th lot was prepared and reviewed by Council’s external lawyers. The requested variation was agreed with an exchange of letters, and secured with a financial security. The existing planning agreement provides net community benefit in line with the original proposal for 1,165 lots.

A further Draft Planning Agreement between Council and Lendlease regarding the additional 635 lots approved by the Land & Environment Court was reported to the Council Meeting of 16 March 2021, seeking approval to place it on public notification. That process and any decision relating to the Draft Agreement for the additional lots will remain separate to this Deed of Variation.

The proposed deferral of the new road will not jeopardise overall community infrastructure delivery and is considered on balance to be acceptable, so that it does not unnecessarily delay the project which is supporting local jobs and economic development.

Consultation

Council is required to notify the proposed Deed of Variation for a period not less than 28 days in accordance with the provisions of the Environmental Planning Assessment Act 1979 (the Act) and Environmental Planning and Assessment Regulation 2000.

The Deed of Variation was publically notified from 27 January 2021 to 26 February 2021. No written submissions were received during this period.

Financial Implications

The developer has provided financial security to secure the deed of variation with an unconditional bank guarantee of 200% the indexed value of the works item as required by Council’s Bonds Policy.

Attachments

1.       Bingara Gorge - Draft Deed of Variation - New Oval Road - Execution Version    


Ordinary Council Meeting Agenda

20 April 2021

 

12.7       Notification of Myrtle Creek Avenue Tahmoor Planning Agreement

File Number:           12275#215

 

Executive Summary

A Development Application, DA 20/2019, was approved in February 2021 for 56 lots at
90 -100 Myrtle Creek Avenue, Tahmoor. The development includes stormwater facilities and the dedication of a 2076m2 drainage reserve to Council, free of cost. A planning agreement is required to dedicate this land and for the developer to make a monetary contribution towards its maintenance.

Council staff have negotiated a draft Voluntary Planning Agreement in good faith with the developer, TCM Developments. Council approval is now sought to publicly notify the Draft Voluntary Planning Agreement.

 

Recommendation

That Council:

1.       Authorises the notification of the Draft Planning Agreement in accordance with the Environmental Planning and Assessment Act 1979; and

2.       Notes that a further report will be presented to Council on the outcome of the notification process.

 

Report

Development Consent was granted to DA 20/2019 on 8 February 2021 for a 56 residential lot subdivision, internal roads, a 2076m2 drainage reserve and stormwater facilities (within the proposed road reserves) at 90-100 Myrtle Creek Avenue ,Tahmoor.

Condition 4(1) of the Consent requires Council and the developer to enter into a Voluntary Planning Agreement prior to the issue of the first Subdivision Works (Construction) Certificate.

While the provision of stormwater facilities are direct works required as a result of undertaking development, a Planning Agreement is currently the only means available to progress the land dedication and associated maintenance contribution in accordance with Council’s Dedication of Land Policy.

The Draft Voluntary Planning Agreement (draft VPA) provides the following:

Contribution Type

Provision

Amount

Dedication of Land

Lot 59 identified as ‘Drainage Reserve’ on Subdivision Plan

2076m2 (at no cost to Council)

Maintenance Contribution

Maintenance to cover costs  for a period of 35-years associated with Stormwater Facilities

$97,775

 

Condition 3(1) requires the development to make Section 7.11 Development Contributions of $1,120,000 under Wollondilly Contributions Plan 2020, which will not be offset by this VPA.

 

 

 

Consultation

Council is required to notify the proposed Draft VPA for a period not less than 28 days in accordance with the provisions of the Environmental Planning Assessment Act 1979 (the Act) and Environmental Planning and Assessment Regulation 2000

A future report will be prepared for Council on submissions received during the notification process.

Financial Implications

A planning agreement is only current method to receive the land dedication and the maintenance contribution of $97,775 to Council for this land.

The Draft VPA does not offset Section 7.11 Development Contributions of $1,120,000 under Wollondilly Contributions Plan 2020 which will still be payable.

Attachments

1.       Draft Planning Agreement - 90 Myrtle Creek Avenune Tahmoor - Notification Version    


Ordinary Council Meeting Agenda

20 April 2021

 

12.8       Notification of Draft Penny Lane Carpark Thirlmere Planning Agreement

File Number:           12275#216

 

Executive Summary

Development Application DA 188/2018 which proposes a mixed use retail/residential development comprising 8 retail units, a café, 8 shop top houses and a basement car park for residents for land at 27 Oaks Street, Thirlmere was approved by the Wollondilly Local Planning Panel (LPP) on 31 October 2019. The approval also included the construction of an at-grade car park on adjoining land owned by Council, between the development site at 27 Oaks Street and Penny Lane, Thirlmere.

Condition 24(2) requires Council and the Developer to enter into a Planning Agreement for the car park prior to the issue of the first Construction Certificate. Council officers have negotiated in good faith with the developer.

This report recommends that Council publicly notify the Draft Voluntary Planning Agreement (Draft VPA), and notes that a further report will be prepared on the outcome of the notification process.

Recommendation

That Council:

1.       Authorises the public notification of the Draft Planning Agreement in accordance with the Environmental Planning and Assessment Act 1979; and

2.       Notes that a further report will be prepared on the outcome of the public notification process.

 

Report

The development application approved for mixed use retail/residential approved by the Local Planning Panel (LPP) on 31 October 2019 includes the construction of an at grade car park on adjoining land owned by Council, between the development site at 27 Oaks Street and Penny Lane, Thirlmere.

The approved development retains the Oaks Street façade and front rooms of a single storey cottage, as part of the Thirlmere heritage conservation area, and as such, means that the site does not have its own direct street access. Figure 1 shows the approved DA plan.

The Consent granted requires rear access via Penny Lane and Council owned land at Lot 100 DP1175654. Lot 100 is a 2,347 m2 parcel of vacant land that has been acquired for a future car park. The land is classified as ‘operational’ under the Local Government Act 1993.

Figure 1 – DA Approved plan

 

The Draft VPA offers the following:

·     Full construction of the car park to Council engineering specifications with 55 spaces, concrete kerbs, drainage, footpaths, landscaping, electric vehicle charging point, and lighting (with additional conducts installed to permit future installation of smart technology in line with the Smart Shire’s Strategy).

·     Resealing of the 9 spaces in the existing Penny Lane Car Park section.

The Draft VPA represents significant public benefit in terms of monetary value to the community as well as infrastructure delivery to support the Thirlmere commercial centre.

Consultation

The Environmental Planning and Assessment Act 1979 (the Act) and the Environmental Planning and Assessment Regulation 2000 require 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.

Financial Implications

Section 7.11 Contributions of $114,000 apply to the residential component of the development and consists of open space, community and other transport facilities. No offset for these development contributions will be granted and the Draft VPA is over and above that obligation.

The Draft VPA will provide significant benefit to Council and the community.

Attachments

1.       Penny Lane Car Park Draft VPA    


Ordinary Council Meeting Agenda

20 April 2021

 

12.9       Notification of 30 Bronzewing Street Tahmoor Planning Agreement

File Number:           12275#217

 

Executive Summary

Development Application DA.2014.331 was issued a deferred commencement in November 2019 for the subdivision of No. 30 Bronzewing Street Tahmoor for 27 residential lots. The Development includes stormwater facilities and the dedication of a 1,739 square metre drainage reserve to Council free of cost. A Planning Agreement is required to dedicate this land and for the Developer to make a monetary contribution towards its maintenance.

Council staff have negotiated a draft voluntary planning agreement in good faith with the developer.  Council approval is now sought to publicly notify the Draft Planning Agreement.

Recommendation

That Council:

1.   Authorises the notification of the Draft Planning Agreement in accordance with the Environmental Planning and Assessment Act 1979; and

2.   Notes that a further report will be prepared on the outcome of the notification process.

 

Report

A deferred commencement consent was issued on 11 November 2019 following the Local Planning Panel meeting of 31 October 2019. The application is for 27 lot Torrens title residential subdivision, internal roads, a 1,739 m2 drainage reserve and stormwater facilities at 30 Bronzewing Street, Tahmoor.

Condition 20(1) of the consent requires Council and the Developer to enter into a Planning Agreement prior to the issue of the first Subdivision Works (Construction) Certificate.

While the provision of stormwater facilities are direct works required as a result of undertaking development, a Planning Agreement is the only means available to formalise the required land dedication and maintenance contributions.  The Draft Voluntary Planning Agreement (VPA) makes the following contributions:

·     Dedication of land (Lot 36) with a total area of 1,739m2

·     Construction of bio-retention basin on Lot 36

·     Monetary contribution of $123,200 for maintenance of the basin for 35 years

·     Construction and dedication of a public road to provide vehicular access to the basin.

Conditions 19(1) and (2) require the development to also make Section 7.11 Development Contributions of $520,000 under Wollondilly Contributions Plan which will not be offset by this Draft VPA.

Consultation

Council is required to notify the draft VPA for a period not less than 28 days in accordance with the provisions of the Environmental Planning Assessment Act 1979 (the Act) and Environmental Planning and Assessment Regulation 2000.

A future report will be prepared for Council on submissions received during the notification process.

Financial Implications

A planning agreement is required to formalise the land dedication and the associated maintenance contribution of $123,200.

The VPA does not offset Section 7.11 Development Contributions of $520,000 under the Wollondilly Contributions Plan.

Attachments

1.       30 Bronzewing Street Tahmoor VPA     


Ordinary Council Meeting Agenda

20 April 2021

 

13          Management and Provision of Infrastructure

No reports this meeting

 

14          Caring for the Environment

No reports this meeting


Ordinary Council Meeting Agenda

20 April 2021

 

15          Looking after the Community

15.1       Adoption of the Wollondilly Library Strategy 2020-2026

File Number:           12275#202

 

Executive Summary

The Wollondilly Library Strategy 2020 - 2026 has been developed to chart the strategic direction for Council’s library services. The document outlines the key trends, challenges and opportunities facing our library services and particularly focuses on how to prepare for an expanded library experience as part of the Community, Cultural and Civic Precinct redevelopment in Picton.

The draft Strategy was placed on public exhibition in 2020. The attached strategy is the final version and is recommended for adoption along with an accompanying implementation/action plan.

 

Recommendation

That Council:

1.       Adopt the Wollondilly Library Strategy 2020 - 2026.

2.       Endorse the accompanying Library Strategy Action Plan.

 

Report

Background

The draft Wollondilly Library Strategy 2020 - 2026 outlines the key trends, challenges and opportunities facing Council’s Library Service into the future.

The Strategy highlights how Wollondilly’s current Library Service compares with key benchmarks for library services in relation to population size. Overall Wollondilly’s Library Service falls significantly short in relation to a range of benchmark indicators, including:

·    Floor space per population size

·    Expenditure per population size

·    Staffing ratios per population size

·    Operating hours per population size.

Despite these benchmark comparisons, our Library Services are of a very high quality and are highly regarded by our community.

Council’s proposed Community, Cultural and Civic Precinct redevelopment in Picton will include new library facilities (post 2026 as part of one of the final redevelopment stages). These new library facilities will provide significant opportunities to redress the shortfalls listed above.

Nevertheless, the library service needs to transition towards the new premises over the next 6 or so years. The draft Strategy has a strong focus on this interim period, providing a framework for the growth of the service over the coming years so as to move towards reaching the State Library of NSW benchmarks.

The draft Strategy proposes a range of initiatives, including:

·    Options to expand the library’s floor space

·    Expansion in skilled staff and the range of positions

·    Options for expanded operating hours

·    Building and expanding the library’s collections and programming across a range of media

·    Review and expansion of the mobile library service

·    Developing stronger community partnerships, particularly with Aboriginal organisations

·    Ongoing expansion of the library’s digital capabilities and offerings

·    Expanding the library’s role in supporting a “creative community” – e.g. writers festivals, music events, travelling art exhibitions etc

·    Increasing the library’s capacity and role as “memory place” (i.e. custodian/curator of local history, identity and stories)

·    Ensuring the library explores opportunities to support and enable co-working hub concepts and small business development activities.

At its meeting on 21 July 2020, Council resolved:

1.       That Council place the Draft Library Strategy 2020 - 2026 on public exhibition for a period of 28 days to allow the public to provide feedback.

2.       That Council note that this is an aspirational document which will need further prioritisation of actions as part of a more detailed implementation and funding strategy to be reported back to Council.

Exhibition

The draft Wollondilly Library Strategy 2020-2026 was placed on Public Exhibition from 10 August 2020 to 7 September 2020. Council however accepted submissions and survey responses until 18 September 2020. The consultation invited general submissions plus responses to a survey. These responses have resulted in some minor amendments to the Strategy, but more significantly, have assisted in determining priorities for action and resourcing.

Council notified the community of the public exhibition period via the following channels:

·    Council’s website

·    Dedicated project page on Council’s ‘Your Say Wollondilly’ engagement platform

·    Social Media posts

·    Email to key stakeholders

·    Media release

·    Newspaper advertising

·    Community Newsletter

·    Notification to all library E-newsletter subscribers

·    Leaflets

·    Outreach – Dilly Wanderer

·    School newsletters.

A total of four written submissions and thirty two community survey responses were received from the public exhibition period. A copy of the Engagement Report providing full details is attached to this report.

Amendments to the draft Strategy

In response to community feedback, the section titled Memory Place on page 24 of the Strategy has been amended with the following additional sentence; “Wollondilly Shire Council recognises its longstanding relationship with the Picton and District Historical and Family History Society and will work with them to prioritise the digitisation of records.”

On page 28, the title has been amended to Wollondilly Library Strategy Timeline Vision. On page 30, the title has been amended to Wollondilly Library Strategy: The Vision for 2020-2026.

Library Strategy Action Plan

A Library Strategy Action Plan has been developed to accompany the overarching Library Strategy 2020-2026 document. The purpose of the Action Plan is to:

·    Provide specific details reading the prioritisation of actions and projects over the coming years

·    Respond to Council’s resolution (part 2) for a more detailed implementation and funding strategy to be reported back to Council

·    Give consideration to community feedback regarding priorities and key issues

·    Inform budget preparation (most particularly for the 2021/22 financial year but also for subsequent financial years). 

Community feedback received during the exhibition has informed the Action Plan, with the following being identified as high priorities in the short term:

·    Increased staffing, allowing greater delivery of services and programming. Initially, considering adding the position of Library Outreach Coordinator; with others including Local Studies Librarian to be identified for future years leading up to the new library and working hub

·    Diversified programming (delivered with expanded staffing)

·    Extended opening hours, providing greater community access. Initially, Saturday afternoons until 4:00pm

·    More flexible spaces for uses such as individual or group study, small workshops and quiet reading.

The Action Plan will operate as a timeline for implementation, reflecting options that are achievable with available resources while allowing time to investigate all funding and grant options. The plan will need to be reviewed and adjusted annually.

Consultation

Community consultation occurred through the exhibition of the draft strategy for a period of 28 days, followed by a further 14 days for submissions, as outlined above.

The draft Strategy was reviewed with respect to the feedback received from the submissions and survey responses.

Financial Implications

The attached Action Plan maps out a program of implementation over the coming years, with a range of actions and projects being within current staff and financial resource capacity. The items with potential future budgetary implications are outlined in the table below. Note that these financial estimates will need to be adjusted at each annual review of the Action Plan.

 

 

 

 

 

 

 

2021/22

Item/Action

Budget estimate

Funding Source

New Library Outreach Coordinator position

$120,000 p.a. (includes 36.5% on costs)

Currently under consideration as a new revenue funded position

Website upgrade

$60,000

Funds currently held (State Library Local Priority Grant)

Design/layout review of existing Library

$30,000

Funds currently held (State Library Local Priority Grant)

Fit out modifications to current building*

Up to $150,000

Proposed to apply for State Library of NSW Infrastructure Grant

*The scope of this work will depend on whether the proposed first floor connection between the current library and the proposed new Children’s Services building proceeds and whether this space then is able to facilitate library staff relocation. If that were to occur then the current library staff area will have the potential to be refit as a quiet reading / study / working space (i.e. the “community lounge” concept).

2022/23

Item/Action

Budget estimate

Funding Source

Extend operating hours on Saturdays

$30,828 p.a.

Will require Council revenue funding, to be considered as part of annual budget process

Implement library kiosk option

$45,000 to $90,000

Possible State Library Local Priority Grant

Staff position reviews and potential restructure

$20,000

Will require Council revenue funding, to be considered as part of annual budget process

Local History digitisation assessment

$15,000

National Library Australia Community Heritage Grants

2023/24

Item/Action

Budget estimate

Funding Source

Upgrade mobile library fleet (fit out / IT equipment etc.)

$60,000

Options:

·    Council revenue funded, to be considered as part of annual budget process

·    Developer Contributions

·    NSW Club Grants

·    State Library Local Priority Grant

New Local Studies Research Librarian

$100,000 p.a. (includes 36.5% on costs)

Will require Council revenue funding, to be considered as part of annual budget process

Local History digitisation implementation

$15,000

National Library Australia Community Heritage Grants


 

2024/25

Item/Action

Budget estimate

Funding Source

Introduce Sunday opening hours

$17,600 p.a.

National Library Australia Community Heritage Grants

New Digital Services Librarian

$100,000 p.a. (includes 36.5% on costs)

Will require Council revenue funding, to be considered as part of annual budget process

2025/26

Item/Action

Budget estimate

Funding Source

New Collections and Technology

 Up to $80,000

Possible State Library Local Priority Grant

New Library Position (TBD)

$100,000 p.a. (includes 36.5% on costs)

Will require Council revenue funding, to be considered as part of annual budget process

Long Term (beyond 2026)

Item/Action

Budget estimate

Funding Source

Ongoing growth and development of services, collections and staffing

TBD

Options:

·    Council revenue funded, to be considered as part of annual budget process

·    Developer Contributions

·    NSW Club Grants

·    State Library Local Priority Grant

 

Attachments

1.       Community Engagement Report - Library Strategy 2020 - 2026

2.       Wollondilly Library Strategy 2020 - 2026  

3.       Wollondilly Library Strategy 2020 - 2026 Action Plan    


Ordinary Council Meeting Agenda

20 April 2021

 

15.2       Financial Assistance - Donation Request

File Number:           12275#209

 

Executive Summary

Council receives annual assistance, donation and sponsorship requests each month. The purpose of this report is to inform Council of applications for annual assistance, donation and sponsorships received by Council in the period March 2021.

 

Recommendation

That a Donation payment of $500.00 be made to the Australian Wildlife Sanctuary.

 

Report

During March 2021 Council received one application for a Donation payment:

▪        Application for $500.00 from the Australian Wildlife Sanctuary to support the Wildlife Weekend relaunch of the facility following the Green Wattle Creek Bushfire.

Consultation

The application has been assessed against the criteria in Council’s Financial Assistance Framework and is eligible to receive funding through the Donation Program.

Financial Implications

The request is able to be funded within the current financial year budget allocation for donations under the Financial Assistance Framework.

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

15.3       Agricultural Enterprise Credit Scheme

File Number:           12275#212

 

Executive Summary

In February 2017 Council resolved to investigate and provide recommendations on the feasibility of Council establishing a market based Agriculture Enterprise Credit Scheme (AECS) that will provide reward for food production for farmers in the PeriUrban areas in Wollondilly.

This report outlines progress undertaken to develop and implement a framework for the Agricultural Enterprise Credit Scheme as a result of the research.

The Wollondilly Agricultural Enterprise Credit Scheme Working Group has explored a variety of ways to implement this incentive scheme through the Planning Agreement System however this has stalled due to the implementation of policy reform relating to the planning contribution scheme and system by the State Government. 

Recommendation

That Council:

1.       Note the work undertaken by the Wollondilly Agricultural Enterprise Credit Scheme Working Group and thank the members for the progress that has been made to develop a framework and implementation scope for the initiative.

2.       Write to the Greater Sydney Commission, the Agricultural Commissioner, the Department Primary Industries and the Department Planning Industry and Environment requesting a levy be imposed on rezoning in Periurban areas, to enable the implementation of an Agricultural Enterprise Credit Scheme and investigate other market and planning mechanisms or strategies such as the DPI proposed Agricultural Land Use Strategy to ensure Agriculture in the Greater Sydney Area is valued and preserved.

 

Report

In February 2017 Council resolved to investigate and provide recommendations on the feasibility of Council establishing a market based Agriculture Enterprise Credit Scheme (AECS) that would provide reward for food production for farmers in the PeriUrban areas in Wollondilly. 

As part of this investigation Council Officers, with the guidance of the Rural Industry Liaison Advisory Committee (RICAC), worked in partnership with the Institute for Sustainable Futures (ISF) over an 18 month period to research and further refine the initiative. The research was predicated on the desire to preserve and enhance PeriUrban agriculture in Wollondilly and the notion that Agriculture is important in Wollondilly for economic activity, employment, cultural heritage and identity of the region. Currently agricultural activity in the area is facing pressures of increased urban encroachment causing tensions with neighbouring land uses, increased land costs, reduced number of size of producers, and wider lack of strategic metropolitan planning for PeriUrban agriculture.

The research project involved a background literature review that positioned the AECS within the existing policy and practice context. It included a comparative analysis of how the AECS would work in comparison with other financial mechanisms with the same or similar aims of protecting agricultural land and encouraging food production, through a market-based credit scheme.  The research included a background analysis of financing and funding mechanisms used globally and reviewed studies determining the contribution of urban agriculture to city climate resilience, connecting the importance of supporting PeriUrban agriculture.

The approach to the research included a conceptual development of the AECS, understanding of PeriUrban agricultural production costs and how the credit scheme would contribute to enhanced viability. Operational parameters of the scheme were explored, including how credits could be awarded, allocated and the mechanisms to support both.

The findings of this research was presented to Council in December 2019 where it was resolved to develop the pilot AECS framework for consideration by Council. Council also resolved the scheme be considered in any future Voluntary Planning Agreement (VPA) policy development once the framework was endorsed. 

As a result of Councils resolution, the Wollondilly Agricultural Enterprise Credit Scheme Working Group continued to meet and developed a framework and implementation criteria for the scheme through the planning system mechanisms.

A tradeable credits scheme awarded to farmers in the Wollondilly Shire region was explored to incentivise rural land use by allowing farmers to hold saleable credits that they may trade with developers. Akin to the City of Sydney’s Heritage Floor Space Scheme, this would require a demand for additional higher densities identified for developers to utilise these credits on.

The introduction of an Urban Development Zone (UDZ) through an amendment to the Growth Centres SEPP produced a flexible density outcome sufficient for the Wilton growth area, in turn producing no demand for additional densities in Wollondilly. This limited the market for the purchase and sale of credits, which was the basis of the AECS. The market virtually disappeared over night rendering the scheme unworkable in its proposed format. This was rather disappointing for the working group and farmers who had been invested in trying to get this scheme up and going and as a strategy to build resilience after the impacts of drought, fire, flood and COVID-19.

As a result an alternate option, an Agricultural Futures Fund, was explored to retain and enhance agricultural land used for food production within the Wollondilly Shire. The Agricultural Futures Fund was considered in a review of Councils Voluntary Planning Agreement Policy and the concept of the funds would be used to contribute to agricultural innovation, research and the enhancement of the viability of farming practices in the Shire. This approach envisaged progressing the scheme in some way to assist farmers who were maintaining and preserving the Metropolitan Rural Areas (MRA) rural views, vistas and agricultural production for the common good, in the Shire, through the planning contributions framework.

The Agricultural Futures Fund linked an obligation on developers through Voluntary Planning Agreements as development contributes to the changing nature of the landscape and impacts on established rural and agricultural areas. Section 7.4 of the Environmental Planning & Assessment Act (EP&A Act) provides a mechanism for planning authorities and developers to enter into a planning agreement when proposing a development application, complying development certificate, or change to an environmental planning instrument (i.e. LEP). It was viewed the funds collected would be used for the purpose of agricultural works provisions, developing a link to the criterion of ‘the conservation or enhancement of the natural environment’.

The Wollondilly AECS working group identified principles, a potential funding basis, criteria and the need for a potential Schedule of Works to be included in the new Agreements Policy which included a criteria for spending and examples of ‘Agricultural’ items  and initiatives. For example these funds have the potential to contribute to and enhance the viability of farming practices, possible cooperatives, implementation of farmers markets, research initiatives, infrastructure investment to move about recycled water, weed management, etc.

The Wollondilly AECS working group started to explore a variety of ways to implement this incentive scheme/fund through the Planning Agreement System however this has stalled due to the release of a report by the NSW Productivity Commission in November 2020.

The NSW Productivity Commissioner was requested to undertake a review of the infrastructure contributions system in New South Wales, and tasked to report back with recommendations for reform. The NSW Productivity Commissions report emphasised that items within section 7.11 plans or local planning agreements that are not development contingent, should be removed. The report stated:

Local infrastructure costs largely reflect development contingent costs and are therefore justified on an impactor pays basis. Contributions support timely and efficient service provision, provide market signals to developers, and are an efficient funding mechanism. Items within section 7.11 plans or local planning agreements that are not development contingent should be removed. They should not be funded through section 7.12 levies. (Page 38)

The Department Planning Infrastructure and Environment has accepted the recommendations of the Productivity Commissions report and have issued a directive as such. This now would prohibit plans for a funding mechanism for the Agricultural Enterprise Credit Scheme and an Agricultural Futures Fund through planning agreements and the developer contributions mechanism. It is unfortunate that the Productivity Commissioner’s recommendations do not support the work Council and the community have put into the AECS. It also raises the question as to what is the definition of “development contingent”. The AECS certainly has many elements of being a development contingent program particularly in relation to sustainable agricultural practices in a PeriUrban area.

This issue has subsequently been raised in a submission to the Agricultural Commissioner, Mr Darryl Quinlivan and the Department Primary Industry Options paper regarding a proposed Agricultural Land Use Strategy and informally with the Greater Sydney Commission, Western City District Commissioner Ms Liz Dibbs as a state policy issue.

The next steps for the Wollondilly AECS working group is to explore how the AEC incentive scheme maybe taken forward through other planning mechanisms or strategies such as the DPI proposed Agricultural Land Use Strategy.

The Working Group has identified this is a regional issue to advocate for change through the Greater Sydney Commission, the Agricultural Commissioner, the Department Primary Industries and the Department of Planning Infrastructure and Environment.

More work and investigation is required into funding mechanisms and planning strategies associated with rezoning and development in the PeriUrban area, such as a levy, to enable the implementation of an Agricultural Enterprise Credit Scheme to ensure Agriculture in the Greater Sydney Area is valued and preserved.

These types of initiatives should also be considered in the Department Primary Industry proposed Agricultural Land Use Strategy.

Consultation

·        Rural Industry Community Advisory Committee

·        Wollondilly Agricultural Enterprise Credit Scheme Working Group

·        Department Primary Industry – Submission to options paper for an Agricultural Land Use Strategy

·        Greater Sydney Commission

·        Sydney PeriUrban Network of Local Councils.

Financial Implications

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

Attachments

1.       AECS Discussion Paper – Working Group Outcome Report    


Ordinary Council Meeting Agenda

20 April 2021

 

15.4       Draft Child Protection Policy

File Number:           12275#219

 

Executive Summary

Wollondilly Shire Council acknowledges the significant and lasting impact that abuse can have on children and young people. Council plays a role in the prevention of abuse and contributes to the safety and wellbeing of Wollondilly’s children and young people that utilise Council’s various services and facilities.

Council is committed to embedding child-safe practices on the journey to becoming a child safe organisation and doing our part to mitigate risk to Wollondilly’s youngest citizens.

Councils provide services for children in their local communities as part of their functions under the Local Government Act 1993 such as childcare centres, libraries, sporting, cultural and recreational centres and school holiday programs. Councils providing such services for children have compliance obligations under child protection legislation in NSW. Councils providing services for children also have compliance obligations under the Children and Young Persons (Care and Protection) Act 1998 (NSW), the Child Protection (Working with Children) Act 2012(NSW) and the Ombudsman Act 1974 (NSW).

With recent changes to legislation as a result of the Royal Commission into Institutional Responses to Child Sexual Abuse an update and review of Councils Child Protection Administrative Protocol has been completed and it is recommended a new draft Child Protection Policy be placed on public exhibition with the outcome of this exhibition be further reported back to Council.

 

Recommendation

That Council place on public exhibition the draft Wollondilly Shire Council Child Protection Policy and a further report come back to Council as a result of the public exhibition.

 

 

Report

On 15 December 2017 the Royal Commission presented a final report to the Governor-General, from the five-year inquiry into institutional responses to child sexual abuse and related matters. The royal commission found that abuse was less likely to happen in organisations where children and young people participate in decisions that affect them and where they feel confident they will be listened to. To address this, the royal commission recommended changes to the law requiring organisations to implement Child Safe Standards, including strategies to promote the participation of children and young people.

Both the Australian Government and the NSW Government responded to the recommendations and on 5 March 2020, LGNSW hosted a special briefing with the NSW Attorney-General, the Hon. Mark Speakman MP, to understand new obligations under the National Redress Scheme for survivors of institutional child sexual abuse. The National Redress Scheme is part of the Federal Government’s response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

Councils, and mayors specifically, have new obligations under these reforms, which the State Government has committed to.

The NSW Government’s response focuses on three areas: justice for victims; criminal justice and sentencing; and child safe institutions and prevention.

While historical cases of child abuse in councils and council-run institutions are expected to be rare, councils were signed up to the National Redress Scheme by the NSW Government, which will underwrite any financial liability.

The Reportable Conduct Scheme is now operated by the Office of the Children’s Guardian under the Children's Guardian Act 2019.

The scheme monitors how certain organisations (‘relevant entities’) investigate and report on types of conduct ('reportable allegations' or 'reportable convictions') made against their employees, volunteers or certain contractors who provide services to children. Wollondilly Shire Council is a relevant entity. The NSW Government through the Office of the Children’s Guardian are engaging with councils in regards to this.

Council has existing reportable conduct obligations under the Ombudsman Act 1974. The only change in relation to the Reportable Conduct Scheme is our reporting obligations will now clearly extend to all contractors/subcontractors, to the extent the contractor/subcontractor requires a Working With Children Check for the purposes of their work. Public authorities (such as local councils) will be required to report on:

·    the inside work conduct relating to all their employees and volunteers, and

·    if they hold a WWCC for the purposes of their work with the entity, the inside and outside work conduct relating to those employees, volunteers and contractors.

Councils as leaders in the community and providers of services to children have a responsibility to ensure councils are child safe institutions.

New legislation has been introduced in response to the Royal Commission clarifying the legal responsibility of organisations to protect children, report abuse and in some cases increased penalties for not doing so.

In response to this the Wollondilly Shire Councils Administrative Protocol Child Protection - AP0004 has been reviewed and redrafted into a Draft Child Protection Corporate Policy.

The draft Child Protection Policy is Councils overarching document with four guidelines that inform practices in relation to:

·    Mandatory Reporting of Risk of Significant Harm

·    Allegations against Staff (where children and young people are involved)

·    Recruitment and Selection

·    Child Safe Organisation

A Child Protection Procedure has been developed to guide children’s services staff in their mandatory reporting obligations. The procedure follows the steps of completing the Mandatory Reporter Guide (MRG) and reporting to the Child Protection Helpline where required.

Wollondilly Shire Council takes complaints and allegations involving children and young people seriously. Where appropriate, complaints and concerns are made directly to our services or via Council’s complaints process. The Child Protection Procedure outlines Councils response in these circumstances and is in line with Councils journey to becoming a child safe organisation.

Council is committed to the recruitment and training of its staff in being aware of child protection considerations, seeking to prevent harm and responding to risks posed to children and young people. This includes verifying Working with Children Checks for employees, volunteers and contractors in child-related roles.

The Child Safe Standards are one of a number of recommendations made by the Royal Commission into Institutional Child Sexual Abuse. They provide a benchmark by which Council can assess our child safe capability. The standards provide guidance for Council to create cultures, adopt strategies and act to put the interests of children first whilst keeping them safe from harm.

Wollondilly Shire Council is working towards becoming a Child Safe Organisation through the implementation of the 10 Child Safe Standards.

On the 3 March 2021 a new guide to help organisations implement key recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse was released and will also help guide our Council in becoming a child safe organisation.

 

Consultation

·        Employee Relations

·        Head of Integrity

·        Community Outcomes

·        Children’s Services Team Leader

·        LGNSW

·        Cumberland City Council.

Financial Implications

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

Attachments

1.       Draft Child Protection Policy     


Ordinary Council Meeting Agenda

20 April 2021

 

16          Efficient and Effective Council

16.1       Investment of Funds as at 28 February 2021

File Number:           12275#203

 

Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 28 February 2021.

Council’s portfolio yield exceeds the benchmark AusBond three month Bank Bill Index due to the prudent investment of Council’s portfolio.  Interest received for February 2021 is above the budgeted income forecast.

Recommendation

That the information and certification in relation to the investment of Council funds as at 28 February 2021 be noted.

 

Report

At its last meeting, the Reserve Bank decided to maintain the cash rate target at 0.1% and the yield on 3-year Australian government bonds to 10 basis points, as well as the parameters of the Term Funding Facility. Full commentary on the relief package can be noted in their comments below.

The Board commented that:

The outlook for the global economy has improved over recent months due to the ongoing rollout of vaccines. While the path ahead is likely to remain bumpy and uneven, there are better prospects for a sustained recovery than there were a few months ago. Global trade has picked up and commodity prices have increased over recent months. Even so, the recovery remains dependent on the health situation and on significant fiscal and monetary support. Inflation remains low and below central bank targets.

The positive news on vaccines together with the prospect of further significant fiscal stimulus in the United States has seen longer-term bond yields increase considerably over the past month. This increase partly reflects a lift in expected inflation over the medium term to rates that are closer to central banks' targets. Reflecting these global developments, there have been similar movements in Australian bond markets. Changes in bond yields globally have been associated with volatility in some other asset prices, including foreign exchange rates. The Australian dollar remains in the upper end of the range of recent years.

In Australia, the economic recovery is well under way and has been stronger than was earlier expected. There has been strong growth in employment and a welcome decline in the unemployment rate to 6.4 per cent. Retail spending has been strong and most of the households and businesses that had deferred loan repayments have now recommenced repayments. The recovery is expected to continue, with the central scenario being for GDP to grow by 3½ per cent over both 2021 and 2022. GDP is expected to return to its end-2019 level by the middle of this year.

Wage and price pressures are subdued and are expected to remain so for some years. The economy is still operating with considerable spare capacity and the unemployment rate remains higher than it has been for some years. Further progress in reducing spare capacity is expected, but it will be some time before the labour market is tight enough to generate wage increases that are consistent with achieving the inflation target.

In the central scenario, the unemployment rate will still be around 6 per cent at the end of this year and 5½ per cent at the end of 2022. In underlying terms, inflation is expected to be 1¼ per cent over 2021 and 1½ per cent over 2022. CPI inflation is expected to rise temporarily because of the reversal of some COVID-19-related price reductions.

The current monetary policy settings are continuing to help the economy by keeping financing costs very low, contributing to a lower exchange rate than otherwise, and supporting the supply of credit and household and business balance sheets. Together, monetary and fiscal policy are supporting the recovery in aggregate demand and the pick-up in employment.

Lending rates for most borrowers are at record lows and housing prices across Australia have increased recently. Housing credit growth to owner-occupiers has picked up, but investor and business credit growth remain weak. Lending standards remain sound and it is important that they remain so in an environment of rising housing prices and low interest rates.

The Bank remains committed to the 3-year yield target and recently purchased bonds to support the target and will continue to do so as necessary. Also, bond purchases under the bond purchase program were brought forward this week to assist with the smooth functioning of the market. The Bank is prepared to make further adjustments to its purchases in response to market conditions. To date, a cumulative $74 billion of government bonds issued by the Australian Government and the states and territories have been purchased under the initial $100 billion program. A further $100 billion will be purchased following the completion of the initial program and the Bank is prepared to do more if that is necessary. Authorised deposit-taking institutions have drawn $91 billion under the Term Funding Facility and have access to a further $94 billion. Since the start of 2020, the RBA's balance sheet has increased by around $175 billion.

The Board remains committed to maintaining highly supportive monetary conditions until its goals are achieved. The Board will not increase the cash rate until actual inflation is sustainably within the 2 to 3 per cent target range. For this to occur, wages growth will have to be materially higher than it is currently. This will require significant gains in employment and a return to a tight labour market. The Board does not expect these conditions to be met until 2024 at the earliest.

 

The majority of Council’s investment portfolio (84%) is invested in deposits / securities with Australian Authorised Deposit taking Institutions (ADI’s). This percentage is slightly lower than normal due to Council holding 15% in cash at the end of February, 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 28 February 2021 is summarised below:

Details of Council’s investment portfolio as at 28 February 2021 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 28 February was $300,071.

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

Interest for the month of February represented an increase of 0.29% pa vs the bank bill benchmark of -0.01% 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 Sec 625 of the Local Government Act 1993, clause 212 of the Local Government (General Regulations) 2005 and Council’s Investment Policy.

Rob Seidel

Chief Financial Officer

WOLLONDILLY SHIRE COUNCIL

Attachments

1.       February 2021 Investment Summary Report    


Ordinary Council Meeting Agenda

20 April 2021

 

16.2       Presentation of 2019-20 Annual Financial Statements to the Public

File Number:           12275#225

 

Executive Summary

Council’s Annual Financial Statements for the year ended 30 June 2020 have been audited and the Auditor’s reports have been received.

In accordance with the Local Government Act, the audited Annual Financial Statements must be presented at a meeting of Council and made available to the public.

Any submissions received within the 7 day period of notice are to be referred to Council’s auditor.

 

Recommendation

1.       That Council receive the audited Annual Financial Statements for the year ended 30 June 2020.

2.       That any public submissions on the audited Annual Financial Statements be received up until the close of business Tuesday 27 April 2021.

3.       That all public submissions received by the due date are to be referred to the NSW Audit Office.

 

Report

Council’s Audited Financial Statements for the year ended 30 June 2020 were tabled at the 16 March Ordinary Council meeting, they showed Council to be in a sound financial position and were authorised for issue.  At the meeting, a date was set to present the Audited Financial Statements to the public, the date being 20 April 2021.

In accordance with Section 418 of the Local Government Act 1993, public notice of the presentation of the Annual Financial Statements at this meeting was given on Council’s website.

Copies of the audited Annual Financial Statements are available for inspection by members of the public at Council’s Administration Building and in accordance with Section 420 of the Local Government Act 1993, any person can make written submissions to Council with respect to the Statements within the next seven day period.

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

Consultation

The audited Annual Financial Statements were presented to members of Council's Audit, Risk & Improvement Committee on 11 March 2021.

The Audit team from Prosperity Audit Services and the NSW Audit Office have been consulted throughout the preparation of the statements.

The Annual Financial Statements were presented to Council on 16 March 2021.

The statements are now ready for presentation to the public and submissions may be received until Tuesday 27 April 2021.

 

 

Financial Implications

The Annual Financial Statements show Council’s short term financial position to be sound.  However, Council will need to continually monitor its long term financial position to ensure it has the ability to maintain its infrastructure to a satisfactory standard.

 

Attachments

1.       2019-20 Audited Financial Statements    


Ordinary Council Meeting Agenda

20 April 2021

 

16.3       Public Exhibition of Draft Revised Delivery Program 18-22 and Combined Draft Operational Plan and Budget 2021/22

File Number:           12275#227

 

Executive Summary

The proposed Operational Plan 2021/22 is a detailed plan which provides information on Council’s key services, projects, programs and budget for the next financial year.

 

The Local Government Act 1993 requires Council to publicly exhibit the Operational Plan, consider any submissions received and formally adopt the final document by 30 June 2021.

 

Recommendation

That it be noted that a detailed Supplementary Report will be presented.

 

Report

Integrated Planning and Reporting Framework

 

Council is required to undertake its corporate planning, budgeting and reporting activities in accordance with the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation), which incorporates the Integrated Planning and Reporting Framework (IPRF). The IPRF requires councils to adopt planning documents to ensure long, medium and short-term aspirations, priorities and needs of the community are identified and appropriate strategies are developed and implemented to respond to those needs. For Wollondilly these include the ‘Create Wollondilly’ Community Strategic Plan 2033, the Long-Term Financial Plan, a four-year Delivery Program (2017/18-2020/21), and an annual Operational Plan and Budget.

 

A detailed report and proposed Operational Plan will be provided as a Supplementary Report for the April 2021 Council agenda.

Consultation

The detailed Supplementary Report will request Council to endorse the proposed Operational Plan and for it to be placed on public exhibition.

Financial Implications

Will be advised in the Supplementary Report.

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

16.4       Quarterly Budget Review Statement - December 2020

File Number:           12275#244

 

Executive Summary

The purpose of this report is to present the Quarterly Budget Review Statement (QBRS) for the period ended 31 December 2020. The document reports detailed information on Council’s financial progress for the second quarter of the 2020/21 financial year.

Council’s financial position remains sound and performance against key financial indicators continues to meet benchmark or has improved since the end of 2020.

At the previous review an operating surplus of $283k was forecast. The current review is projecting a deficit of $1.746M, predominantly due to additional depreciation expense as outlined below. 

It is projected that Council will receive additional operating income of $5.023M which will largely offset increased expenditure across all categories other than depreciation of $5.294M.  Depreciation expense has been projected to increase by $1.758M to take into account the effect of the 2020 valuation adjustment and the addition of new assets.

The recent flood event has significantly impacted the road network and the financial implications will be factored into the March Quarterly Review and the 2021/22 Operational Plan and there will be short to medium term impacts upon the cash position. 

The QBRS was presented at the ARIC meeting on 1 April 2021.

 

Recommendation

That Council;

1.   Adopt the Quarterly Budget Review Statement for the period ended 31 December 2020 and the proposed adjustments to the 2020/21 Budget Estimates.

2.   Note the projected position for the Key Performance Indicators.

3.   Note that Councils financial position remains sound, however that following the significant impact of Bushfires, 2020 floods and Covid-19, there will be further pressure placed upon Councils unrestricted cash position as a result of significant clean up and repair costs associated with the recent flood event.

4.   Note the list of current 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 31 December 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 prescribes the content of the Quarterly Budget Review Statement and the information attached to this report meets these requirements.

Summary of Variations

The completion of the December Quarterly review process highlighted the need for a range of adjustments both favourable and unfavourable, resulting in a projected full year deficit of $1.746M (September Review: $283k surplus).

At the highest level this can be summarised by the following points.

·    Additional Operating Grants and Contributions ($1.842M) which is offset by corresponding increases across the various expenditure categories.

·    Additional Rates, Charges and Fees ($3.282M) which largely offset additional costs ($3.452M).

·    Adjustment to the full year depreciation forecast to take into account the effects of the asset adjustment as highlighted in the 2020 Audited Financial Statements.

The recent flood event has significantly impacted the road network and the financial implications will be factored into the March Quarterly Review and the 2021/22 Operational Plan. 

As at 31 March $137k in initial clean-up costs had been incurred and it is estimated that the total cost (Capital and Operating) will stand at $5.48M of which it is estimated that $2.68M will be funded from external sources.  This will place short and medium term pressure on Councils cash position (Reserves and Unrestricted Cash).

Detailed on commentary on the Material Variances is outlined below.

Income

Rates and Annual Charges

As a result of the continued growth in the region and the ongoing development of land additional income in the form of supplementary rates ($606k) is forecast taking the full year projection to $49.347M compared to the original budget of $48.734M.

User Charges and Fees

Increased revenue of $2.676M is projected and is again being driven by the increased level of activity within the Shire, specific items that are forecast to have a significant impact upon the year include,

·    Development Application, Assessment and Compliance fees $1.036M.

·    Building Assessment Fees $302k.

·    Infrastructure Plan and Checking and Supervision Fees $428k.

·    Residential and Commercial tipping Fees $506k.

Interest and Investment Revenue

Income from interest and investment revenue is projected to fall by $331k from the September review as a result of the current low interest rate environment and the decision by Council to not actively charge interest on overdue rates and charges for the first half of the year to offset potential hardship impacts of COVID19.

Operating Grants and Contributions

Income from Operating Grants and Contributions is forecast to increase by $1.842M to $9.233M, driven largely by;

·    Funds for the Smart Shires program, $314k.

·    Funding for the LEP project, $500k.

·    Emergency Services Levy, $301k.

·    Infrastructure related funding, $307k

Expenditure

Employee Costs

Employee costs are projected to increase over the remainder of the year, in part due to a lower allocation of costs to capital projects, in conjunction with increased resource requirements in the development related areas, offset by increased revenue, and increased service requirements for Information Technology and Systems due to customer experience software installation and the impacts of Covid-19.

Materials and Contracts

Expenditure in this category includes the utilisation of grant funds received in a number of areas including,

·    Smart Shires, $314k.

·    Community Events and Projects, $101k.

There are also a range of other additional expenditures as a result of the impacts of Covid-19 and continued growth namely,

·    Additional Software and Licence costs, $256k.

·    Plant and Vehicle Lease and Maintenance Costs, $176k.

·    Staff Development, $62k.

·    Business Improvement, $36k.

Expenditure was also impacted by ongoing costs associated with the recovery for the 2020 storm and flood events ($90k) and impacts of the change in management at the Warragamba Pool and the impact of COVID19 upon the operation of the Wollondilly leisure centre ($126k).

There are a range of other increases that were largely offset by decreases across Strategic Planning, Community Engagement, Works, Facilities and Domestic Waste Management.

Consultants

The cost of engaging consultants is projected to increase by $1.89M with the largest single impact being grant funded costs for related to the LEP project ($1.09M) which account for more than 50% of the increase in this category.  As noted above $500k was received in the current year for this project with $1.25M having been received in the previous financial year, resulting in a timing difference between the receipt of the funds and the associated expenditure.

Other Expenses

Other expenses are forecast to increase by $227k which includes increases in Insurance premiums ($104k), Utility Charges at the Warragamba Pool and Wollondilly Leisure Centre ($149k) and the impact of Council Rate Relief in relation to bushfire impacts ($70k).  These and other increases are partially offset by a range of favourable variances.

Capital Works Program

The capital works program has been reviewed and updated to factor in the anticipated reduction in Capital Grants and Contributions resulting from the rescheduling of road upgrade works.  Current forecast expenditure stands at $35.875M, although the impact of the recent flood event may see works brought forward from the 2021/22 year, which will likely see the program increase value and place pressure upon funding sources the impacts of which will be factored into the next review.

Cash and Investments

Council continues to hold significant cash and investments with the actual on hand at 31 December standing at $73.407M (Projected Year End: $72.5M), with the funds split across the following categories.

Externally Restricted (Funds to be used for a Specific Purpose)                               $55.597M

Internally Restricted (Funds Council has earmarked for a specific purpose)             $16.185M

Unrestricted (Funds Available for Councils day to day operating needs)                   $1.625M 

It is likely that the unrestricted cash position will come under some short term pressure as we absorb the impact of the recent flood event and await the receipt of funds expended on the 2020 flood and storm events.

Key Performance Indicators

There are a range of key performance indicators against which Council can assess its Financial Performance. The table below summarises the performance against those that are included in the attached Quarterly Budget Review Statement.

 

Performance Measure

Benchmark

2021 Projected Result

Commentary

Unrestricted Current Ratio

>1.50x

1.31x

The ratio remains marginally below the benchmark of 1.5x and has been impacted the timing of payments (included in the ratio) relating to externally funded projects (restricted cash excluded from the ratio).

Debt Service Cover Ratio

>2.00x

2.38x

This ratio is projected to remain above the industry benchmark.

Rates, Annual Charges, Interest and extra charges Outstanding

<5.00%

5.93%

The ratio is projected to remain above the benchmark, however it is worth noting that it is trending down from 6.91 as at the end of 2020.

Own Source Operating Revenue

>60.00%

57.2%

The ratio is projected at 57.2% which remains below benchmark but has improved from 50% at the end of 2020.

Buildings and Infrastructure Renewals Ratio

>=100%

149%

Positive performance in relation to the benchmark is projected to continue and it will mark the fourth consecutive year in which the benchmark will be achieved.

                            

Consultation

All members of the Executive and Senior Management have had input into the production of this budget review.

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 the overall financial position of Council can be described as sound. However it needs to be closely monitored in the short to medium term as the impacts of storm and flood events in the 2020 and 2021 calendar years place ongoing pressure on Councils resources.     

Details of the proposed budget variations for the second quarter of the 2020/21 financial year are provided in the attached Quarterly Budget Review Statement for the period ending 31 December 2020.

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.       December 2020 Capital Works Program  

2.       December 2020 Quarterly Review     


Ordinary Council Meeting Agenda

20 April 2021

 

17          Notice of Motion/Rescissions

17.1       Notice of Motion - Sporting Fields

File Number:           12275#220

 

I, Councillor Matthew Deeth, intend to move the following motion:

 

Motion

That Council:

1.       Considers a strategy to manage population and sporting code needs as we grow and the sequencing and provisions of infrastructure.

2.       Reviews its fees and charges structure to:

a.       Look at streamlining its fees structure to consistent fees across facilities.

b.       Consider the best form of partial cost recover (including individual user fees).

c.       Review its fee structure to encourage multi-facility use.

 

CEO’s Comment

1.       Council has an existing Wollondilly Open Space, Recreation & Community Facilities Strategy 2014 (last updated in 2018). The additional strategic work envisaged under this Strategy includes, in priority order:

1.       Play Strategy

2.       Organised team based sporting strategy

3.       Non team based sport and recreation opportunities, such as adventure sports

4.       Aquatic centres and access to water (picking up on the findings of the water

                   play feasibility study)

          Development of the Play Strategy is underway. It is considered that items 2 and 3 are capable of being developed together as a Sporting & Active Recreation Strategy, which would address the intent of this motion. Such a Strategy is a critical part of the development, delivery and management of sporting and active recreation facilities for the expanding needs of the existing and planned community.

          The development of a Sporting & Active Recreation Strategy would require detailed demographic analysis for understanding sporting participation trends and enable informed discussions with State Sporting Organisations, i.e. the organisations that the local Sporting Associations work through in support of local clubs/team. The development of this Strategy would also take into account the higher level planning outcomes from the Wilton, and potentially the greater Macarthur, planning processes as well as the information used in the development of the Developer Contributions Plan.

          Development of a Sporting & Active Recreation Strategy is beyond our current resource capacity for the current financial year, given existing commitments, such as the Warragamba, Botanic Gardens and Bargo/Tahmoor Gorge master plans; and would need to be considered in the development of the 2021/22 Operational Plan or, even more appropriately, the development of the next Community Strategic Plan and supporting four year Delivery Program. The development of the detailed supporting strategies could involve total project costs of between $40,000 and $70,000 each and may be part fundable from the Contributions Plan, subject to other delivery commitments, following a report to Council.

 

2.       With respect to the Fees & Charges, the matters raised would be considered as a part of the considerations for the 2021/22 Operational Plan. If major changes and hence further community engagement are required and this is not possible in the timeframe, further review could be conducted to feed into the 2022/23 Operational Plan.

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.2       Notice of Motion - Greyhound Industry

File Number:           12275#221

 

I, Councillor Matthew Deeth, intend to move the following motion:

Motion

That Council:

1.       Expresses it’s support of the Greyhound industry, its breeders, trainers and its many benefits to the Wollondilly.

2.       Commits to work with the local Wollondilly Greyhound Club in maintaining its existing operations at Thirlmere Sportsground.

3.       Reiterate Council’s support for an overall master planning process for the Thirlmere Sportsground and planning for future uses.

4.       Work with other stakeholders and the Greyhound club to ensure inclusion of the existing facilities in the master planning process and identify ways to maximise use and life of the site.

5.       Write to Greyhound NSW and express our willingness to work collaboratively on much needed maintenance to the existing Thirlmere Sportsground site.

 

 

CEO’s Comment

This motion can be implemented within existing operational resources based on the understanding that the Wollondilly Greyhound Club has secured grant funding for the track remediation maintenance.  The Thirlmere Sportsground master plan is a priority identified by Council.  It should be noted that this still requires additional funding and as such budget for this project will need to be considered as part of Council’s annual budgeting process.

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.3       Notice of Motion - Koala Habitat Protection

File Number:           12275#222

 

We, Councillors Matthew Deeth and Noel Lowry, intend to move the following motion:

Motion

That Council write to:

1.       The Premier, Minister of Planning, Minister for Environment and Minister for Agriculture and Western NSW expressing Council’s concern and disappointment over the recent changes to State Environmental Planning Policy for Koala Habitat Protection (SEPP), including the concern and consequence of the weakening of regulatory provisions for vegetation clearance and consequently stalling the exhibition and adoption of the Wollondilly Comprehensive Koala Plan of Management (CKPoM).  As such, Council seeks to have a commitment from the State in regards to additional support for the revising the draft CKPoM to be consistent with SEPP 2021 and associated Guideline and improved consultation on the proposed Koala SEPP.

2.       Campbelltown City Council and Wingecarribee Shire Council seeking their support and for them to write to the abovementioned departments confirming Council’s concerns over reforms to the Local Land Services Act 2013 Amendment Bill and changes to the Koala SEPP and the observed adverse impacts on Koala habitat due to vegetation clearance.

 

 

CEO’s Comment

This Notice of Motion can be actioned within existing resources.

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.4       Notice of Motion - Seniors Guide to Services

File Number:           12275#229

 

I Councillor Judith Hannan intend to move the following motion:

 

Motion

That through a partnership approach with the Wollondilly Care connect project, Council review our communication and information tools regarding information for seniors and a printable resource option for seniors be considered as part of this review.

 

CEO’s Comment

 

A review in partnership can be implemented within existing operational resources. However, further funding may be required for implementation of appropriate online or printable resources and this would need to be considered as part of a future Operational Plan.

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.5       Notice of Motion - Fire Stations

File Number:           12275#240

 

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

 

Motion

That Council advocate for the resources required for our fire stations needed to protect our community.

 

 

 

CEO’s Comment

Council can advocate via letter to the responsible Minister within existing resources

 

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.6       Notice of Motion - Upgrades to Appin Road

File Number:           12275#231

 

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

 

Motion

That Council:

1.       Write to both the State and Federal Governments calling for fast tracked upgrades and widening of Appin Road through the Wollondilly, Campbelltown and Wollongong local government areas.

2.       Write further letters to both Campbelltown and Wollongong City Councils calling for their support on this matter.

 

 

 

CEO’s Comment

This Notice of Motion can be actioned within existing resources.

 

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.7       Notice of Motion - Flood Response

File Number:           12275#239

 

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

 

Motion

That Council:

1.       Place on record its heartfelt thanks to the SES, RFS, FRNSW and Council staff for their amazing work in protecting the community during the recent flood event.

2.       Install flood height markers on Bents Basin Road, Wallacia at the Baines Creek Causeway, with this work to be funded out of the maintenance budget.

3.       That as a part of the current emergency works on the Oberon-Colong Stock Route, that the water course crossings be assessed for the need for flood height markers for possible installation on a priority basis under future budget cycles.

4.       Prepare a report for the next available meeting of Council providing an update on the implementation of the Stonequarry Creek Flood Management Plan.

5.       Subject to the finalisation of the 2021/22 Operational Plan, that during the updating of the Stonequarry Creek Vegetation Management Plan, that the feasibility of establishing a grant program to assist in creek bank vegetation management on the privately owned creek areas be assessed such that Council can apply for grants.

6.       Write to the Bureau of Meteorology (BOM), or other appropriate agency, seeking the following:

a)      The installation of a BOM monitored flood gauge on Blaxland Crossing and Cobbitty Bridge.

b)      Upgrades to the Wallacia Weir flood gauge to allow it to provide public updates every 15 minutes instead of providing bulk updates every two hours.

7.       That as a part of the high level Shire Wide Flood Study and any resulting Floodplain Risk Management Study & Plan, that the opportunities for transport and general community communication improvements regarding the status of major water course crossings be assessed e.g. the feasibility of installing cameras or similar on Blaxland Crossing, Cobbitty Bridge, Menangle Bridge and Stonequarry Creek Bridge that can be accessed by Council, emergency services and the public during periods of potential flooding to view bridge/river conditions and flood gauges. The considerations being used to inform future budgeting considerations and potential grant applications.

 

 

 

CEO’s COMMENT:

The proposed actions can be undertaken within existing resource allocations.

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.8       Notice of Motion - Oberon-Colong Stock Route

File Number:           12275#241

 

I Councillor Matt Gould intend to move the following motion:

 

Motion

That Council:

1.       Put in place a process to notify the following parties via email:

·        Yerranderie and surrounds residents and landowners

·        Councillors

·        Relevant State agencies

·        Oberon Shire Council

·        Upper Lachlan Shire Council

of any maintenance activities on, or closure of, the Wollondilly section of the Oberon-Colong Stock Route.

2.       Work with Oberon and Upper Lachlan Shire Councils to establish a process for Wollondilly to be notified of any closure of their sections of the Oberon-Colong Stock Route and that, once Council is aware of such closure, it notify Yerranderie and surrounds residents and landowners and Wollondilly Councillors via email.

 

 

CEO’s Comment

An improvement/extension of our notification process can be undertaken within existing resources.

 

Attachments

Nil


Ordinary Council Meeting Agenda

20 April 2021

 

17.9       Notice of Motion - Sheehys Creek Road

File Number:           12275#242

 

I, Councillor Blair Briggs, intend to move the following motion:

 

Motion

1.       That Council note the critical importance of Sheehys Creek Road as an access route into the Burragorang Valley for the early suppression of bushfires that have the potential to threaten the Shire, management of Sydney’s drinkable water supply and the national parks around Lake Burragorang.  Further, Council note that this road also serves as an important access route for escorted access for Yerranderie residents.

2.       That Council write to the following:

a)      Mr Nathaniel Smith MP, Member for Wollondilly;

b)      The Hon Angus Taylor MP, Member for Hume;

c)      The Hon Melinda Pavey MP, Minister for Water, Property and Housing;

d)      The Hon David Elliott MP, Minister for Police and Emergency Services; and

e)      The Hon Matt Kean MP, Minister for Energy and Environment

seeking immediate support and the allocation of funding and resources to repair Sheehys Creek Road including the fire trail and bridge over the Little River and noting the crucial role that it plays in protecting the Shire from the threat of bushfire which start in the water catchment area managed by NSW National Parks and Wildlife Service and WaterNSW.

3.       That should a response from the responsible Ministers not be forthcoming by the end June 2021, a further report be submitted setting out other options that may be available to Council to address this unacceptable circumstance including:

a)      A campaign for appropriate State and Federal funding;

b)      Opportunities for re-opening the road to the public; and

c)      Funding mechanisms that may be available to Council to undertake repair works that do not result in the reduction on funding necessary to manage the 860km of local road network that are available for community use as public roads.

 

 

CEO’s Comment

This Notice of Motion can be actioned within existing resources.

 

 

Attachments

Nil    


Ordinary Council Meeting Agenda

20 April 2021

 

18          Closed Reports   

No reports this meeting


Ordinary Council Meeting Agenda

20 April 2021

 

19          Questions for Next Meeting

19.1       Question with Notice - Oakdale Community Hall

File Number:           12275#238

 

The following question on notice was received from Councillor Gould.

Question

1.       What would be the high level cost estimate to repair the existing Oakdale Community Hall?

 

2.       What would be the high level cost estimate to demolish and rebuild the existing Oakdale Community Hall with a facility of similar size on the existing lot?

 

3.       What would be the concept level cost estimate to demolish and rebuild the Oakdale Community Hall as a part of a multipurpose facility of at least a similar size at Willis Park?

 

Attachments

Nil