wingecarribee shire council online customer service centre ......2017/05/24 · barry w paull...

Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] ABN 49 546 344 354

File No: 100/2017

19 May 2017

Dear Councillor, You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 24 May 2017 commencing at 3.30 pm. Yours faithfully Barry W Paull Acting General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 24 May 2017 at 3.30 pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded and the Council Chamber now has 24 Hour Video Surveillance.

Acknowledgement of Country - Clr L A C Whipper

3.32pm Opening Prayer – Peter Thomas, Director, Capernwray Bible College

3.35pm Apologies (if any)

Adoption of Previous Minutes – Wednesday, 10 May 2017

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute –

Item 8.1 Official Launch of the Bong Bong Common Booklet

Public Forum (if any)

Motion to move into Committee of the Whole – Clr G M Turland

Visitor Item - Nil

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 24 May 2017

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 10 May 2017

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

8.1 Official Launch of the Bong Bong Common Booklet ............................... 2

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

Nil

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Investment Report - April 2017 .............................................................. 4

12.2 Proposed Lease to Girl Guides Australia NSW & ACT - 3 Donkin Avenue, Moss Vale ............................................................................... 9

12.3 Licence Agreement for the use of Early Childhood Centre - Part Winifred West Park, Mittagong ............................................................ 31

12.4 Proposed Easement to Drain Water, 30-34 Price Street, Bowral and 33 Thompson Street, Bowral................................................................ 36

12.5 Asbestos Management - McEvilly Road, Robertson ............................ 42

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Section 96 Modification - 24 Hurlingham Avenue, Burradoo ................ 52

13.2 Report on the Public Exhibition of Draft DCP provisions for Signage and Outdoor Advertising ...................................................................... 62

13.3 Report to Exhibit Draft DCP Provisions for Residential Development ... 69

13.4 Draft Disability Inclusion Action Plan ................................................... 73



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13.5 Fees Payable to Mayor and Councillors 2017/18 ................................. 77

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Legal Affairs ........................................................................................ 81

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 85

18.2 Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on 27 April 2017 ........................................... 86

18.3 Minutes of the Arts and Culture Advisory Committee Meeting held on Tuesday, 2 May 2017 .......................................................................... 94

18.4 Minutes of the Community Development Advisory Committee held on Tuesday 9 May 2017 .....................................................................101

18.5 Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017 ............................................................................................108

19. QUESTIONS WITH NOTICE

19.1 Question with Notice 3/2017 - Alleged Pollution of Water and Waste Disposal ..............................................................................................123

20. NOTICES OF MOTION

20.1 Notice of Motion 15/2017 - Invitation to Hume Coal to Make a Presentation and Overview to Councillors of Their Mine Plan and EIS......................................................................................................125

20.2 Notice of Motion 16/2017 - Voluntary Planning Agreement for the Proposed Hume Coal Project..............................................................126

20.3 Notice of Motion 17/2017 - Voluntary Planning Agreement for the Proposed Coomungie/Chelsea Gardens Project .................................127

20.4 Notice of Motion 18/2017 - Confidential Reports .................................128

20.5 Notice of Motion 19/2017 - Council Pool Strategy ...............................129

20.6 Notice of Motion 20/2017 - Development of Policy for Council to Reduce Reliance on Fossil Fuel Energy Sources ...............................130

21. GENERAL BUSINESS

Nil



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22. CLOSED COUNCIL

Moving into Closed Session ......................................................................... 132

22.1 Legal Report - Closed Council This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary and Extraordinary Meetings of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary and Extraordinary Meetings of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

The Council Chamber now has 24 Hour Video Surveillance.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Halstead

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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ACKNOWLEDGEMENT OF COUNTRY

I would like to acknowledge the Traditional Custodians of this land and pay my respect to Elders both past and present. I would also like to extend that respect to all Aboriginal and Torres Strait Islanders present here today.

DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



MAYORAL MINUTES

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8 MAYORAL MINUTES

8.1 Official Launch of the Bong Bong Common Booklet

Reference: 6530/1.1 102 Report Author: Mayor Authoriser: Mayor Link to Delivery Program: Conserve the key natural resources of the Shire water

catchments, arable land, key wildlife corridors, vegetation and scenic landscapes

PURPOSE The purpose of this Mayoral Minute is to officially launch the Bong Bong Common Booklet which has recently been produced by the Bong Bong Common Management Committee and to thank the Committee for its help to Council in managing this valuable site over the past twenty-two years.

RECOMMENDATION 1. THAT the Bong Bong Management Committee be congratulated on producing

the Bong Bong Common Booklet, which will become a valuable asset in explaining to the community the historical significance of this important site.

2. THAT Council officers liaise with the Management Committee in drawing up a

Master Plan for the Common including the recently acquired addition to the Common located on the eastern side of Moss Vale Road.

3. THAT Council note that November 2021 will mark the Bicentenary of the first

European settlement in the district which was located on Bong Bong Common.

REPORT

The land known as the Bong Bong Common was acquired in 1986 by the, then recently amalgamated, Wingecarribee Council to preserve a green space between the towns of Moss Vale and Bowral and with the intention of constructing a track for use by the public along the Wingecarribee River from the Common to Burradoo.

In addition to providing a valued public green space, the Common also became the home of the Southern Highlands Model Aero Club in 1989.

In the 1990’s local historians drew the Council’s attention to the Common’s heritage significance as the site of the first European settlement in the district in 1821. As a result, the Bong Bong Common Management Committee was established by Council in 1995 to help it manage and develop the site.

Successive Councils completed the Bong Bong Track along the Wingecarribee River by 2003 and had supported the Management Committee in undertaking a range of specialist studies for the Common that related to Aboriginal and historical archaeological sites; conservation and management plans; and interpretation strategies.



MAYORAL MINUTES

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In 2008 the Council recommended that the Bong Bong Common site be consolidated by the purchase of the historically significant land between Moss Vale Road and the Cecil Hoskins Nature Reserve when it became available. This purchase was completed by the present Council in January 2017.

The Bong Bong Common Management Committee is looking forward to working with Council on drawing up a Master Plan for this newly acquired site which will provide, over time, for an upgraded carpark, picnic facilities, information panels and an improved entrance to the Bong Bong Track.

The “Bong Bong Common” Booklet, which I am launching today, gives community members and visitors an overview of the history of this rare and special site up to the present day and will be distributed widely in the community. It was compiled by Management Committee member Geoff Goodfellow and was funded by the Committee with the aid of a Community Assistance Grant from Wingecarribee Shire Council.

I congratulate the Bong Bong Common Management Committee on the Booklet and on the valuable assistance it has given to successive Councils during the twenty-two years of its existence.

Clr Ken Halstead Mayor

19 May 2017

ATTACHMENTS

There are no attachments to this report.



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE AND RISK

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COMMITTEE OF THE WHOLE

12 OPERATIONS FINANCE & RISK

12.1 Investment Report - April 2017

Reference: 2104 Report Author: Accounting Officer - Banking and Investments Authoriser: Chief Financial Officer Link to Delivery Program: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The purpose of this report is to present Council’s Investment Portfolio held at 30 April 2017.

RECOMMENDATION THAT the information on Council’s Investments as at 30 April 2017 be received and noted.

REPORT In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993. This report provides details of Council's Investment Portfolio as at 30 April 2017. Attachment 1 to this report provides Council’s Investment Portfolio, detailing investments held and a summary of the portfolio by the institution invested with and their credit rating. In accordance with Paragraph 212(1)(b) of the Local Government (General) Regulation, the investments listed in Attachment 1 have been made in accordance with:

The Local Government Act, 1993,

The Local Government (General) Regulation 2005,

The Ministerial Investment Order 2011,

Council’s Investment Policy. Interest earned from investments totalled $2,767,566 for the ten (10) months to 30 April 2017.

ATTACHMENTS

1. Investment Report as at 30 April 2017

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 24 May 2017

12.1 Investment Report - April 2017 ATTACHMENT 1 Investment Report as at 30 April 2017

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ATTACHMENT 1



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12.2 Proposed Lease to Girl Guides Australia NSW & ACT - 3 Donkin Avenue, Moss Vale

Reference: PN1757200 Report Author: Property and Project Officer Authoriser: Coordinator Property Services Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to advise Council of the outcome of the public exhibition of a draft Lease for the use of the Girl Guides Hall at 3 Donkin Avenue, Moss Vale. The draft Lease is in favour of Girl Guides Australia NSW & ACT for occupation of the Girl Guides hall.

RECOMMENDATION 1. THAT it be noted that no objections were received during the period of public

exhibition of the Lease to Girl Guides Australia NSW & ACT for occupation of 3 Donkin Avenue, Moss Vale

2. THAT the General Manager and Mayor be delegated authority to execute the

twenty one year (21) Lease referred to in Resolution 1 above and to affix the Common Seal of the Council to the Lease and any supporting documents (if required).

REPORT At its meeting 10 December 2014 Council considered a report regarding various outstanding lease and licence agreements. In respect of the subject property and the proposed lease to Girl Guides Australia, Council resolved the following (MN 368/14): 1. THAT subject to adoption of the Plan of Management for Sportsgrounds including

Donkin Avenue Community Oval, Council publicly notify and exhibit the proposed twenty one (21) year Leases to each of the following organisations: a. Scout Association of Australia, b. Guides Australia N.S.W. & A.C.T, and c. K U Children Services Limited

AND THAT a Report be forwarded to a future Ordinary Meeting of Council following closure of the public exhibition period.




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Following the above resolution of Council, the draft Plan of Management for Sportsgrounds including Donkin Avenue Community Oval was adopted. This led to subsequent negotiations between Council as Lessor and Girl Guides Australia NSW & ACT as Lessee for the hall located at 3 Donkin Avenue, Moss Vale. The Lessee agreed to the final terms of the draft Lease in mid-March 2017. The draft Lease was then publicly exhibited for a minimum 28 day period. A public notice was advertised in the Southern Highlands News, on Council’s website, in the Civic Centre and on the library notice boards. The draft Lease was on exhibition from 29 March 2017 to 28 April 2017. No submissions or objections were received. It is recommended that the General Manager and Mayor be delegated authority to execute the Lease and to affix the Common Seal of the Council, if required.

IMPACT ON COUNCIL’S FIT FOR THE FUTURE IMPROVEMENT PLAN

None identified.

CONSULTATION

Community Engagement

Council publicly exhibited the proposed Lease for a minimum twenty eight (28) day period.

Internal Consultation

None

External Consultation

None

SUSTAINABILITY ASSESSMENT

Environment

There are no environmental issues in relation to this report.

Social

The mission of Girl Guides Australia NSW & ACT is “to empower girls and young women to grow into confident, self-respecting and responsible community members”. The Guides provides a valuable volunteer service and its continued operation is in the best interests of the community.

Broader Economic Implications

There are no broader economic implications in relation to this report.

Culture

There are no cultural issues in relation to this report.




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Governance

The proposed Lease for use of the hall is in accordance with Council’s adopted Policy for the Leasing and Licensing of Council Property (Non-for-Profit and Community Based Organisations).

COUNCIL BUDGET IMPLICATIONS

There are no budget implications.

RELATED COUNCIL POLICY The proposed Lease for the occupation of the Girl Guides hall located at 3 Donkin Avenue, Moss Vale is in accordance with Council’s adopted Policy for the Leasing and Licensing of Council Property (Non-for-Profit and Community Based Organisations). This Policy was adopted on Wednesday, 26 November 2014 (MN 326/14).

CONCLUSION This report is submitted for Council to note that there were no objections received with respect to the proposed Lease to Girl Guides Australia NSW & ACT for occupation of the Girl Guide hall located at 3 Donkin Avenue, Moss Vale. It is recommended that the Lease be executed by the General Manager and Mayor and that the Common Seal of the Council is to be affixed to the Lease and any supporting documents, if required.

ATTACHMENTS

1. Copy of proposed Lease as exhibited

2. Aerial Map of Leased area



ATTACHMENT 1 Copy of proposed Lease as exhibited

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ATTACHMENT 1




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ATTACHMENT 2 Aerial Map of Leased area

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ATTACHMENT 2




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12.3 Licence Agreement for the use of Early Childhood Centre - Part Winifred West Park, Mittagong

Reference: PN1266800 Report Author: Property and Project Officer Authoriser: Coordinator Property Services Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to seek Council approval to grant a Licence Agreement for the use of the Council property, Early Childhood Centre, Part Winifred West Park, Mittagong by Narcotics Anonymous.

RECOMMENDATION 1. THAT Council publicly notify and exhibit for a minimum twenty eight (28) days

the proposed five (5) year Licence Agreement to Narcotics Anonymous for use of part Early Childhood Centre at Winifred West Park.

2. THAT the licence fee be set at the not-for-profit and community group rate of $1

per annum. 3. THAT if any objections are received during the period of public notice, a further

report will be presented to a future Ordinary Meeting of Council. 4. THAT if there are no objections to the Licence Agreement received during the

period of public notice, the General Manager and Mayor be delegated authority to execute the lease referred to in resolution 1 above under the Common Seal of the Council, if required.

REPORT

BACKGROUND Narcotics Anonymous is a non-profit fellowship of men and women who share their experiences with each other to assist others in overcoming their addiction to drugs and alcohol. The program has complete abstinence from all drugs. The support network provides a framework for self-examination and a road to recovery free of drugs and alcohol. Narcotics Anonymous is a self-supporting group through their own contributions. They do not charge membership fees to participants and are an informal society of recovering drug and alcohol users throughout Australia.




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REPORT Narcotics Anonymous currently holds weekly meetings at the basement at the rear of the Uniting Church in Bowral. Due to growing numbers, Narcotics Anonymous wishes to relocate their meetings to the Early Childhood Centre, Winifred West Park, Mittagong. Council has recently approved a short-term five (5) year Licence Agreement to Alcoholics Anonymous for the use of the Early Childhood Centre for their fellowship meetings. (MN 488/16). It is recommended that Council grant a Licence Agreement to Narcotics Anonymous under similar terms and conditions. Narcotics Anonymous wishes to use the Early Childhood Rooms for fellowship meetings on Wednesday and Saturday nights between 6pm – 7pm. Both Alcoholics Anonymous and South Western Sydney Local Health District (Early Childhood service) are supportive of the use of the room by Narcotics Anonymous. The terms and conditions of the proposed Licence Agreement to Narcotics Anonymous will be in accordance with the Policy for Leasing and Licensing of Council Property to Non-For-Profit Organisations.

LEGISLATION Section 47A of the Local Government Act 1993 requires leases, licences and other estates in respect of community land for terms of 5 years or less to be placed on public exhibition for a minimum period of twenty eight (28) days. This report recommends that the Licence Agreement for the use of the Early Childhood Centre rooms in Winifred West Park, Mittagong by Narcotics Anonymous be placed on public exhibition for a minimum twenty eight (28) days.


None identified.

CONSULTATION

Community Engagement The Policy for the Leasing and Licensing of Council Property (Non-for-Profit and Community Based Organisations) has been adopted and is promoted in accordance with the Minutes of Council made on Wednesday, 26 November 2014. Winifred West Park is classified as Community Land. As such, it is a legislative requirement that Council publicly exhibit the proposed Licence Agreement for a minimum twenty eight (28) day period. This will give members of the community an opportunity to review the document(s) and make a submission if they wish to do so.


Coordinator Property Services

Recreation Planner




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Narcotics Anonymous

Alcoholics Anonymous

South Western Sydney Local Health District (Early Childhood service)


Environment


Social

Narcotics Anonymous is a self-supporting group. They are an informal society of recovering drug and alcohol users, providing an essential service to the local community. A larger Narcotics Anonymous presence is required in the Southern Highlands to help tackle the growing problem with drugs and alcohol in the area. Narcotics Anonymous provides a great community service within the Southern Highlands providing a safe environment for recovering addicts.



Culture


Governance

The proposed Licence Agreement for use of the Early Childhood Centre is in accordance with Council’s adopted Policy for the Leasing and Licensing of Council Property (Non-for-Profit and Community Based Organisations).COUNCIL BUDGET IMPLICATIONS There are no budget implications. Pursuant to the Policy for the Lease or Licence of Council Property (Not-For-Profit Organisations), licensees of Council property will pay $1.00 per annum, if demanded.

RELATED COUNCIL POLICY The proposed Licence Agreement for use of the Early Childhood Centre is in accordance with Council’s adopted Policy for the Leasing and Licensing of Council Property (Non-for-Profit and Community Based Organisations). This Policy was adopted on Wednesday, 26 November 2014 (MN 326/14).

CONCLUSION

This report recommends that Council offer a Licence Agreement for a maximum five (5) year term to Narcotics Anonymous, for the use of the Early Childhood Centre, Winifred West Park, Mittagong following public exhibition of the Licence Agreement. If any objections are




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received during the period of public exhibition, a further report will be forwarded to a future Ordinary Meeting of Council for determination.

ATTACHMENTS

1. Aerial Map of Licenced Area


12.3 Licence Agreement for the use of Early Childhood Centre - Part Winifred West Park, Mittagong

ATTACHMENT 1 Aerial Map of Licenced Area

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ATTACHMENT 1




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12.4 Proposed Easement to Drain Water, 30-34 Price Street, Bowral and 33 Thompson Street, Bowral

Reference: PN 1490000; PN 1196300; PN 1196200; PN 1196100 Report Author: Property and Projects Officer Authoriser: Coordinator Property Services Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to gain Council approval to acquire an easement for the drainage of water including stormwater over the following properties:

33 Thompson Street, Bowral

30, 32 and 34 Price Street, Bowral




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RECOMMENDATION 1. THAT the General Manager be delegated authority to negotiate with the owners

of 30-34 Price Street, Bowral and 33 Thompson Street, Bowral for the acquisition of an easement to drain water (3m wide).

2. THAT the Common Seal of Council be affixed to any documents required to be sealed to acquire the easement referred to in Resolution 1 above AND THAT authority be delegated to the Mayor and General Manager to execute those documents.

3. THAT authority be delegated to the General Manager to execute on behalf of

Council any documents associated with the acquisition of easement referred to in Resolution 1 above that do not require the Common Seal of Council.

4. THAT if agreement to acquire an easement to drain water (3m wide) referred to

in Resolution 1 above has not been achieved within 6 months of the date of this resolution:

a. Council resolve to acquire by compulsory acquisition under Section 186

and 187 of the Local Government Act 1993 (NSW) an easement to drain water 3 metres wide over 30-34 Price Street, Bowral and 33 Thompson Street, Bowral.

b. Council approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

c. Council approve the making of an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.

d. The General Manager and Mayor be delegated authority to affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the Land in question.

e. The General Manager and/or Mayor be delegated authority to execute on behalf of Council any document associated with the acquisition process that does not require the Common Seal of Council.

REPORT

BACKGROUND At the time when this area of Bowral was subdivided, suitable easements were not secured over the proposed drainage areas. In order to facilitate the necessary drainage renewal works which are included in the 2016/17 Capital Works Program, an easement must first be created to formalise Council’s access to the pipes. It is proposed to create an easement over Lot 39 Deposited Plan 24267 – 33 Thompson Street, Bowral and Lots 70 – 72 Deposited Plan 24267, being properties 30-34 Price Street, Bowral.




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The easement will be registered on the titles of the subject properties. An easement continues indefinitely unless and until it is expressly released by the owner of the benefited land or extinguished by the Supreme Court on evidence that it is no longer required.

REPORT Council has funding allocated in the 2016/17 Capital Works Program to upgrade the stormwater pipes located between Thompson and Price Streets, Bowral. The pipes are to be replaced due to their age and condition with failed joints and blockages causing issues. Council’s Assets Branch have confirmed that under sections 59A, 191 and 191A of the Local Government Act 1993, Council can enter private properties and carry out work on its stormwater drainage assets even if there is no easement registered. Notice of entry is required and entry may only be made at any reasonable hour during the day time. The planned stormwater upgrade project in Thompson and Price Street, Bowral will be undertaken shortly under those provisions. However it is preferable that Council still proceed with creating the easement for the following reasons:

The position of the stormwater easements will be clearly marked in the title plans and current and future property owners will be aware of them,

Access to the easements will always be available to Council without any restrictions,

The rights and restrictions relating to the easements such as erecting temporary or permanent structures and planting trees in the easements can be set out in legal instruments and registered on the titles to the properties affected.

The proposed easement will be for the purpose of drainage of water and it is proposed to be created through the preparation and registration of an easement plan. Agreements for the creation of the easement (and extinguishment of the existing easement) will be drafted and approved by Council’s panel solicitors before being issued for the approval of the owners of the affected properties. Following registration of the relevant documents at the office of Land & Property Information, each of the titles of the affected properties will be burdened with the Easement in favour of Council. At this time, Council will be able to enter onto the properties to carry out the works necessary within the area of the easement.


None identified.




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CONSULTATION


This is a property matter between Council as prescribed authority and private property owners.

Internal Consultation Manager Asset Civil Design & Project Engineer


Owners of the affected properties.


Environment


Social

There are no social issues in relation to this report.



Culture


Governance

There are no governance issues in relation to this report.

COUNCIL BUDGET IMPLICATIONS The expected cost for the creation of the easement in favour of Council over the affected properties is $12,000. The cost of the creation of this easement can be funded from the Capital Works budget allocation of $329,000 which is included in the 2016/17 Budget.

RELATED COUNCIL POLICY ‘Stormwater Drainage over Private Property’. This policy provides a priority assessment system to determine the course of action to be taken to rectify instances where stormwater drainage enters private property without the benefit of a drainage easement. The policy also stipulates that Council will only carry out works on private lands if the owners grant an easement in favour of Council.




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CONCLUSION It is recommended that Council proceed to acquire an easement to drain water (3 metres wide) over the affected properties. The proposed easement will formalise Council’s capacity to carry out certain works within the easement area and allowing for the future replacement of stormwater drainage pipes located within the easement area. It is further recommended that Council’s General Manager and Mayor are delegated authority to execute the necessary documents to create the easement and to affix the Common Seal of the Council to those documents if required.

ATTACHMENTS

1. Aerial Map


12.4 Proposed Easement to Drain Water, 30-34 Price Street, Bowral and 33 Thompson Street, Bowral

ATTACHMENT 1 Aerial Map

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ATTACHMENT 1




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12.5 Asbestos Management - McEvilly Road, Robertson

Reference: 7810/24, RD3623 Report Author: Asset Coordinator - Roads & Water Authoriser: Manager Assets Link to Delivery Program: Provide safe and efficient road, cycle and where

appropriate, walking paths between and within town and villages, and conveniently located parking areas for cars and bicycles. Ideally, all road reserves to include provision for safe walking and cycling

PURPOSE The purpose of this report is to inform Council of the outcome of the inspection and air monitoring completed at McEvilly Road, Robertson on 7 April 2017 by Safe Work and Environments; and recommend appropriate follow-up action.

RECOMMENDATION 1. THAT Council undertakes a maintenance grade of McEvilly Road, Robertson to

create a smooth driving surface and where applicable applies a suitable stabilisation treatment at an additional estimated cost of $30,000 AND THAT funding be allocated from the Capital Projects Reserve.

2. THAT Council continues to monitor McEvilly Road, Robertson as outlined in the

current Asbestos Management Plan. 3. THAT the required funding of $30,000 for the Hygienist’s assessment of the

remaining nine (9) roads managed under the Asbestos Management Plan be funded from the Capital Projects Reserve.

REPORT

BACKGROUND

Council’s Asbestos Management Plan was adopted by Council on 24 October 2012.

Council has completed the recommended treatments on 18 roads that were found to contain asbestos fragments. The recommended treatments included a gravel overlay or bitumen sealing of the road. Council has been undertaking annual inspections of the roads identified as being treated with the recycled concrete material.

Concerns were raised from residents on McEvilly Road that the gravel overlay placed on McEvilly Road is in poor condition and not sufficient to contain the asbestos contamination. Inspections undertaken by Council staff identified that there is evidence of wear to the gravel cap, however there is no signs that the asbestos layer has been exposed.

On 8 March 2017 Council resolved to engage a Hygienist to review and update the Asbestos Management Plan. Council subsequently engaged a Hygienist, Safe Work & Environments, to conduct an inspection and air monitoring of McEvilly Road as a priority




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due to the concern from local residents and road users. The remaining roads will be inspected and reported on in the coming months, although it is highlighted that there is currently no budget to engage the Hygienist to undertake inspection and assessment of these additional nine (9) roads, at an estimated cost of $30,000.

Based on the outcome of the McEvilly Road inspection, monitoring and report it is not expected that major changes will be recommended to the current Asbestos Management Plan.

REPORT

On 7 April 2017 the Senior Work Health Safety and Environment Consultant from Safe Work and Environments conducted a visual inspection and air monitoring along McEvilly Road, Robertson. The resulting report is provided as Attachment 1.

The visual inspection was conducted by walking slowly along one half of the road, turning around at the end and walking slowly back along the other half.

The inspector reported that the road surface appeared to be finely delaminating in sections along the road, as shown in figure 1 below, however the inspection revealed no visible suspect asbestos fragments embedded in the road surface, at the sides of the road or in the dish drains.

Figure 1 McEvilly Road Surface Condition

Background monitoring for airborne asbestos fibres was also undertaken at various locations along McEvilly Road to verify if any airborne asbestos fibres were present. All air




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monitoring analytical results reported are below the lowest detectable level of 0.01 fibres/mL of air, and in fact no asbestos fibres were detected at any of the monitoring points.

The results of the visual inspection and air monitoring confirm that there is a very low risk of exposure to asbestos by road users of, or properties along, McEvilly Road, as there is no evidence to suggest that the gravel capping layer has been breached and there was no evidence of any asbestos fragments or fibres detected.

A maintenance grade of McEvilly Road is programmed to create a smooth driving surface for road users. Council staff will also investigate the possibility of applying a suitable stabilisation solution.


There is no impact on Council’s fit for the future improvement plan.

CONSULTATION


No community engagement was undertaken


Consultation between Assets staff and Infrastructure Services staff was undertaken


Safe Work and Environments were engaged to conduct an inspection and air monitoring at McEvilly Road.


Environment


Social

Safe Work and Environments have confirmed that the risk is low and therefore should not impact on the community’s ability to enjoy the outdoors or to be able to traverse the roads safely.


There would be significant impact on Council’s budget if McEvilly Road is to be sealed.

Culture


Governance

Council has implemented the Asbestos Management Plan which includes McEvilly Road.




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A hygienist was engaged to inspect and monitor McEvilly Road at a cost of $2,000. To complete all remaining asbestos roads the cost of inspection, monitoring and reporting is approximately $30,000.

Gravel maintenance grade of McEvilly Road will be accommodated within Council’s maintenance budget. Depending on the type, and extent, of stabilisation treatment selected, additional funds may be required.

RELATED COUNCIL POLICY

Asbestos Management and Removal Policy

OPTIONS

The options available to Council are:

Option 1 1. THAT Council complete a maintenance grade of McEvilly Road, Robertson to create a

smooth driving surface and apply a stabilisation treatment where possible. Continue to monitor the road as outlined in the current Asbestos Management Plan.

2. THAT the required funding of $30,000 for the Hygienist’s assessment of the remaining

nine (9) roads managed under the Asbestos Management Plan be funded from the Capital Projects Reserve.

Option 2 THAT Council seal McEvilly Road, Robertson to current width at an estimated cost of $275,000 and continue to monitor the road as outlined in the current Asbestos Management Plan AND THAT the project be placed on the Unfunded Projects and Services List.

Option 3 THAT Council seal McEvilly Road, Robertson to a standard width of 6.9m at an estimated cost of $2,000,000, and continue to monitor the road as outlined in the current Asbestos Management Plan AND THAT the project be placed on the Unfunded Projects and Services List.

Option 1 is the recommended option to this report.

CONCLUSION On 7 April 2017 the Senior Work Health Safety and Environment Consultant from Safe Work and Environments conducted a visual inspection and air monitoring along McEvilly Road, Robertson. The results confirm that there is little risk of exposure to asbestos by users of or properties along McEvilly Road.




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A maintenance grade of McEvilly Road is programmed to create a smooth driving surface for road users. Council staff will also investigate and apply a suitable stabilisation solution where possible. McEvilly Road will continue to be monitored as outlined in the current Asbestos Management Plan.

ATTACHMENTS

1. Inspection and Monitoring Report Barry W Paull Deputy General Manager Operations, Finance and Risk Friday 19 May 2017


12.5 Asbestos Management - McEvilly Road, Robertson ATTACHMENT 1 Inspection and Monitoring Report

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ATTACHMENT 1



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REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY AND DEVELOPMENT SERVICES

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13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Section 96 Modification - 24 Hurlingham Avenue, Burradoo

Reference: 11/0705.03 Report Author: Senior Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Gary & Maryanne Nolan Owner: Gary & Maryanne Nolan Link to Delivery Program: Conserve the key natural resources of the Shire water


PURPOSE

This report provides an assessment of a Section 96 Modification application to Development Consent 11/0705 which was for a five (5) lot subdivision of 4 Ranelagh Road, Burradoo which seeks to reword the restriction to Lot 3 DP 1219070 (now known as 24 Hurlingham Avenue, Burradoo) to remove a building envelope, but require that dwellings, outbuildings and garage buildings be sited to minimise tree loss and to protect existing trees and gardens at Lot 3 DP 1219070, 24 Hurlingham Avenue, Burradoo. The application is recommended for APPROVAL subject to a modification to one condition of consent, and the addition of a new condition of consent.

VOTING ON THE MOTION Councillors are required to record their votes on this matter.

RECOMMENDATION THAT Section 96 Modification application 11/0705.03 for a proposed modification to Condition 10 to reword the restriction to Lot 3 DP1219070 to remove a building envelope, but require that dwellings, outbuildings and garage buildings be sited to minimise tree loss and to protect existing trees and gardens at Lot 3 DP1219070, 24 Hurlingham Avenue, Burradoo be APPROVED subject to conditions as described in Attachment 4 to the report.

REPORT

Subject Site and Locality The site Lot 3 DP1219070, which was originally part of 4 Ranelagh Road, Burradoo (and now known as 24 Hurlingham Avenue, Burradoo) is located on the northern side of Hurlingham Avenue, Burradoo approximately 140 metres to the west of Ranelagh Rd (see Attachment 1 – Site Location). The vacant site is 4518 square metres in area, and




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contains a large number of established trees as it formed the western portion of the original “Kerever Park” site. The recent amendment 40 to Wingecarribee Local Environmental Plan 2010 published 10 March 2017, includes Lots 1 - 3 DP 1219070 “Kerever Park” (formerly “Knoyle”) as an item of heritage.

Background

Council at its meeting of 23 May 2012 approved a 5 lot residential subdivision of the “Kerever Park” site (Development Consent 11/0705). The report to Council dated 23 May 2012 is attached (Attachment 2). Proposed Lot 5 as approved by Development Consent 11/0705 is now registered as Lot 3 DP 1219070, which is the site upon which this s.96 modification application has been lodged.

Development Consent 11/0705 included Condition 10 which required:

The linen plans of subdivision shall be accompanied by a Section 88b Instrument which requires:

Dwellings, outbuildings and garage buildings to be located within the defined building envelopes upon proposed Lots 3, 4 and 5, so as to protect existing trees and gardens on site;

Proposed buildings upon the lots are subject to architectural and landscape standards including wall materials of roughcast render and / or timber weatherboards, timber door and window framing and fascias, terracotta tile roofs, 35 degree pitch roofs, timber faced garage doors, see through rural type wire fences and crushed granite paving for driveways and paths, and brick gutter edging to driveways;

Dwellings would be restricted to single storey construction, with a second level contained within the 35 degree roof pitch;

Landscape standards identifying appropriate and inappropriate landscape species would also be incorporated within an 88b restriction.

Each development Application for a dwelling shall be accompanied by a Landscape plan showing additional plantings including species, as identified in the Landscaping standards, which have contributed to the significance of the Kerever Park gardens.

No brick / masonry gateway for proposed lots 2, 3, 4 and 5, so that the existing main entry gates to proposed lot 1 remains the principal visual entry for the site.

Proposed Lot 5 as approved by Development Consent 11/0705 is now registered as Lot 3 DP 1219070. The registered 88b restriction applying to Lot 3 DP 1219070 requires:




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The registered deposited plan showing building envelope restriction upon Lot 3 DP1219070 is shown in Attachment 3.

Proposed Development Section 96 Modification application to Development Consent 11/0705 seeks to reword the restriction to Lot 3 DP1219070 to remove the building envelope but require that dwellings, outbuildings and garage buildings be sited to minimise tree loss and to protect existing trees and gardens at Lot 3 DP 1219070, 24 Hurlingham Avenue, Burradoo. While the restriction is registered within the s.88b instrument attached to Deposited Plan 1219070, the origin of the restriction is within Condition 10 of Development Consent 11/0705.

STATUTORY PROVISIONS

State Environmental Planning Policies

State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. After undertaking a desktop search using Council’s Property and Rating database, Council is satisfied the land is not a site of possible contamination and therefore no further assessment is required.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

The site is located within the Wingecarribee River Sub-catchment. The proposed modification does not alter Water NSW (previously Sydney Catchment Authority) existing conditions of consent applying to the approved subdivision.

Local Environmental Plans

Wingecarribee Local Environmental Plan 2010

The relevant provisions of the LEP are discussed as follows:




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Clause 2.3 Zone objectives and land use table

The site is zoned R5 Large Lot Residential and in this zone, the proposed modification to the approved subdivision is permissible with development consent. The objectives of the R5 Large Lot Residential zone are as follows:

• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

• To minimise conflict between land uses within this zone and land uses within adjoining zones.

• To provide a restricted range of opportunities for employment development and community facilities and services that do not unreasonably or significantly detract from:

(a) the primary residential function, character and amenity of the neighbourhood, and

(b) the quality of the natural and built environments

The proposed modification is consistent with the objectives of the R5 Large Lot Residential zone under Wingecarribee Local Environmental Plan 2010.

The recent amendment 40 to Wingecarribee Local Environmental Plan 2010 published 10 March 2017, includes Lots 1 - 3 DP1219070 “Kerever Park” (formerly “Knoyle”) as an item of heritage.

Development Control Plans

Bowral Town Plan Development Control Plan The proposed modification is consistent with the provisions of the Bowral Town Plan Development Control Plan.

Section 79C Evaluation (1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and

The proposed s.96 modification complies with the requirements of Wingecarribee Local Environmental Plan 2010.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and




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Not applicable.

(iii) any development control plan, and

The proposed s.96 modification complies with the requirements of the Bowral Town Plan Development Control Plan.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Not applicable.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Not applicable.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

Not applicable.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The heritage impacts of the proposed modification are considered acceptable by Council’s Heritage Adviser. The proposed modification would not delete the existing 88b restriction which requires that “Any development application for a dwelling on the lots burdened must be accompanied by a landscape plan showing additional plantings including species which would contribute to the significance of the existing Kerever Park gardens as listed in the document held by Wingecarribee Shire Council known as “Wingecarribee Shire Council Significant Tree Register Gardens Inventory Sheet”, therefore additional plantings are already addressed by this existing restriction. Furthermore, an added layer of protection is now provided since the site has been recently listed as an item of heritage (Amendment 40 to Wingecarribee Local Environmental Plan 2010 published 10 March 2017), and any application which includes tree removal must take into account heritage issues. This level of protection is considered satisfactory, without identifying a building envelope area upon Lot 3 DP1219070.

(c) the suitability of the site for the development,

The proposed modification does not alter the suitability of the site for the approved 5 lot subdivision.

(d) any submissions made in accordance with this Act or the regulations,

Refer to the Consultation section of this report.

(e) the public interest.

The proposed modification is not considered to be contrary to the public interest, subject to the dwellings, outbuildings and garage buildings being sited to minimise tree loss and to protect existing trees and gardens at Lot 3 DP1219070.




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Relevant State Legislation

NSW Environmental Planning and Assessment Act 1979

Section 96(1A) of the Environmental Planning and Assessment Act 1979 provides for the modification of a Development Consent as follows:

“(1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1), (2) and (5) do not apply to such a modification.”

It is considered that the proposed modification complies with the Act as the development is substantially the same as that originally approved with minimal environmental impact.

CONSULTATION

Internal Referrals

Referrals Advice/Response/Conditions

Heritage Adviser Council’s Heritage Adviser considers that the proposed modification is acceptable, subject to additional landscaping being provided should new buildings have greater visual impact. The proposed modification would not delete the existing 88b restriction which requires that “Any development application for a dwelling on the lots burdened must be accompanied by a landscape plan showing additional plantings including species which would contribute to the significance of the existing Kerever park gardens as listed in the document held by Wingecarribee Shire Council known as “Wingecarribee Shire Council Significant Tree Register Gardens Inventory Sheet”, therefore additional plantings are already addressed by this existing restriction.




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Neighbour Notification /Public Participation

The s.96 modification application was Neighbour Notified and Council received seven submissions. The issues raised in the submissions have been summarised and are considered below:

The special restrictions placed on building placement on Lot 3 DP1219070 recognised the impact that any building construction on this site would have on the heritage zone of "Kerever Park". Consideration of the loss of heritage vegetation (particularly trees) and view lines of the original house were assessed by Council which resulted in the design of the building envelope. Removal of this envelope could have serious impacts on adjacent allotments resulting in minimal boundary setbacks. Removing the current 'envelope' does not improve the heritage value of the site nor the gardening and landscape potential of Lot 3 DP1219070 by effectively allowing boundary to boundary building construction. The building platform is the safest way of protecting this important heritage house and gardens. Council in giving consent to the subdivision had put in place a number of planning controls for the protection of this important heritage precinct, and the amenity of our area. We now find that the developer of the site is dismantling these protection conditions which is not right. If it is the case that the building envelope acts unfairly to burden the land restricting the best possible options for a future dwelling, then the appropriate time to consider any amendment to a s 88B instrument is at the time of a future development application, not to simply remove the s 88B instrument with no idea as to the consequences.

Comment – Council’s Heritage Adviser considers that the proposed modification is acceptable, subject to additional landscaping being provided should new buildings have greater visual impact. The proposed modification would not delete the existing 88b restriction which requires that “Any development application for a dwelling on the lots burdened must be accompanied by a landscape plan showing additional plantings including species which will contribute to the significance of the existing Kerever Park gardens as listed in the document held by Wingecarribee Shire Council known as “Wingecarribee Shire Council Significant Tree Register Gardens Inventory Sheet”, therefore additional plantings are already addressed by this existing restriction. Furthermore, an added layer of protection is now provided since the site has been recently listed as an item of heritage (Amendment 40 to Wingecarribee Local Environmental Plan 2010 published 10 March 2017), and any application which includes tree removal must take into account heritage issues. This level of protection is considered satisfactory, without identifying a building envelope area upon Lot 3 DP1219070.

Clearing of trees on Lot 3 DP1219070 have already extended beyond those marked for removal by the original consent and the applicants should not be rewarded by changes which are solely aimed at improving sale price. Council is aware a large number of trees on lot 3 have been removed following approval of the subdivision

Comment – In response to Council’s queries regarding unauthorised tree removal, the owner / owner’s arborist has confirmed that six (6) cypress trees were removed from the site without Council approval in 2016 due to tree decline, but that nine (9) replacement cypress trees will be provided to replace to the removed trees, and that 6 of the replacement trees will retain a height of 15 metres similar to the removed trees. Should the modification be supported, the insertion of a new condition of consent requiring these replacement plantings is considered appropriate (Condition 39 – Attachment 4).




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Recently a 30 year old crabapple tree in front of Lot 3 DP1219070 mysteriously died in the space of a week. This tree formed part of a continuous line of mature crabapples in Hurlingham Ave which made a significant contribution to the streetscape and enhanced the amenity of our area. Request Council to replace dead crab apple.

Comment – The replacement of a dead street tree is the responsibility of Council, and does not relate to this s.96 modification application.

The location of the drainage easements on the boundaries of this lot support the current building "envelope" location which will protect any future construction from the notorious flooding events in this part of Riversdale. Removing more trees from Lot 3 DP 1219070 will speed up water flow from across the property – bottom one third of property is waterlogged due to runoff from Lot 3.

Comment – Drainage issues upon the site, and impacts upon adjoining properties can be assessed with a development application for a dwelling house, and are not dependent upon the current building envelope area burdening Lot 3 DP1219070.

The modification application ought be rejected on the basis of a lack of jurisdiction under s 96(1A) of the Environmental Planning and Assessment Act 1979.

Comment – As discussed previously in this report, the proposed modification can be considered under 96(1A) of the Environmental Planning and Assessment Act 1979.

Sealing of Ranelagh Rd should have occurred as part of Stage 1 of the approved subdivision, not delayed until Stage 2.

Comment – Council’s Development Engineer considered that the release of Stage 1 of the Kerever Park subdivision did not warrant the construction of the required road works in Ranelagh Road and Riversdale Road (including the two coat sealing of Ranelagh Rd adjoining the Kerever Park property). This road work issue is not related to this s.96 modification application which is limited to seeking to reword the restriction 1 applying to Lot 3 DP1219070 to remove the building envelope while requiring that dwellings, outbuildings and garage buildings be sited to minimise tree loss and to protect existing trees and gardens on the lot.


Environment

There are no additional environmental impacts in relation to this report, excluding comments made regarding replacement tree plantings made earlier in this report.

Social




Culture





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Governance

The development application has been considered in accordance with the Wingecarribee Local Environmental Plan 2010, section 79C of the Environmental Planning and Assessment Act 1979 and any other matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2015 – 2016: OP:117 Provide development, building assessment and certifications services.

COUNCIL BUDGET IMPLICATIONS The financial implications of Council’s decision in this matter are directly related to the legal implications. The possibilities are detailed as follows:

Should the applicant choose to appeal a refusal, or pursue a deemed refusal, by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal;

Should the applicant choose to appeal a refusal, or pursue a deemed refusal, by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time;

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.

RELATED COUNCIL POLICY An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010 and the Bowral Town Plan Development Control Plan.

OPTIONS


Option 1

Approve the s.96 modification application as per the conditions as detailed in Attachment 4.

Option 2

Refuse the the s.96 modification application (Council will be required to provide reasons for refusal).




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DISCUSSION OF KEY ISSUES The proposed removal of a building envelope upon Lot 3 DP1219070 is not considered to adversely affect the heritage significance of the property. The proposed modification would not delete the existing 88b restriction which requires that “Any development application for a dwelling on the lots burdened must be accompanied by a landscape plan showing additional plantings including species which will contribute to the significance of the existing Kerever Park gardens as listed in the document held by Wingecarribee Shire Council known as “Wingecarribee Shire Council Significant Tree Register Gardens Inventory Sheet”, therefore additional plantings are already addressed by this existing restriction. Furthermore, an added layer of protection is now provided since the site has been recently listed as an item of heritage (amendment 40 to Wingecarribee Local Environmental Plan 2010 published 10 March 2017), and any application which includes tree removal must take into account heritage issues. This level of protection is considered satisfactory, without identifying a building envelope area upon Lot 3 DP1219070. The owner / owner’s arborist has confirmed that six (6) cypress trees were removed from the site without Council approval in 2016 due to tree decline, but that nine (9) replacement cypress trees will be provided to replace to the removed trees, and that 6 of the replacement trees will retain a height of 15 metres similar to the removed trees. Should the modification be supported, the insertion of a new condition of consent requiring these replacement plantings is considered appropriate (Condition 39 – Attachment 4).

CONCLUSION Section 96 Modification application to Development Consent 11/0705 which seeks to reword the restriction to Lot 3 DP1219070 to remove a building envelope, but require that dwellings, outbuildings and garage buildings be sited to minimise tree loss and to protect existing trees and gardens at Lot 3 DP1219070, 24 Hurlingham Avenue, Burradoo, has been assessed in accordance with the matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979, and all relevant environmental planning instruments and Council policies.

It is recommended that Section 96 Modification application 11/0705.03 be determined by way of approval, subject to the modified Condition 10 and addition of Condition 39 as nominated in Attachment 4.

ATTACHMENTS

1. Site Location - circulated under separate cover

2. 2012 Report to Council - circulated under separate cover

3. Registered Deposited Plan 1219070 - circulated under separate cover

4. Draft Modified Notice of Determination - circulated under separate cover




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13.2 Report on the Public Exhibition of Draft DCP provisions for Signage and Outdoor Advertising

Reference: 5700 Report Author: Acting Strategic Planning Team Leader/Coordinator Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Delivery Program: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE The purpose of this report is to present the results of the public exhibition of draft Development Control Plan provisions with regard to Signage and Outdoor Advertising intended to provide stronger and clearer guidelines and controls for particular types of development and circumstances.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT the post exhibition draft DCP provisions for signage and outdoor advertising, as attached to this report, be adopted.

REPORT

BACKGROUND

In conjunction with Wingecarribee LEP 2010, the Development Control Plans (DCPs) are the primary assessment tool by which Council considers Development Applications. There is a separate DCP for each township and village. In addition, there are two (2) rural DCPs - the Rural Lands DCP (applies to the RU1 Primary Production and RU2 Rural Landscape zones, the E3 Environmental Management zone and the SP3 Tourist zone), and the Rural Living DCP (applies to the RU4 Primary Production Small Lots and E4 Environmental Management zones). There are also two (2) Industrial DCPs (Industrial Land DCP and Moss Vale Enterprise Corridor DCP).

The current suite of DCPs came into force with the making of Wingecarribee Local Environmental Plan 2010 (WLEP 2010) and all have been amended on various occasions since then to maintain currency. A comprehensive review of various aspects of the DCPs is currently underway and on 22 February 2017 Council resolved to exhibit draft DCP provisions regarding Signage and Outdoor Advertising.




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REPORT

Draft provisions for Signage and Outdoor Advertising are contained within all DCPs. These provisions have been reviewed to ensure they are consistent with any State legislation, principally State Environmental Planning Policies (SEPPs) for Exempt and Complying Development, and for Advertising and Signage. New draft controls were also included to address the increased use of Variable Message Signs (VMS) for outdoor advertising by private businesses.

The draft provisions were initially placed on public exhibition from 1 to 29 March 2017. Following representations from several organisations representing business and tourism, the exhibition of the draft provisions was extended to 21 April 2017, a total of seven (7) weeks.

During the exhibition period, weekly notices were placed in the Southern Highland News and a Press Release was issued. The draft provisions, together with associated documentation, were available on Council’s website, through each of the Council’s libraries and from the Customer Service Centre.

REVIEW OF SUBMISSIONS RECEIVED

Seven (7) submissions were received in response to the public exhibition of the draft provisions. These were from:

o Southern Highlands Food & Wine Association (SHF&W)

o Southern Highlands Chamber of Commerce & Industry

o Moss Vale & Rural Chamber of Commerce

o Independent businesses (2)

o Members of the public (2)

Submissions are available for Councillor viewing in the Councillor Room at the Civic Centre.

Submissions addressed both the ‘signage’ and ‘outdoor advertising’ aspects of the draft controls. These are considered separately below.

The key concerns raised with regard to Signage were:

It is considered crucial that rural signage be able to be illuminated because of the lack of street/road lighting in rural areas.

Limitations on the size of signs can adversely affect rural businesses where larger signs are needed to improve their visibility and to give visitors adequate notice of the entry to a property.

Council response: These limitations apply principally to exempt development. The draft DCP has been amended to clarify that any variation of such controls may be considered by Council by means of a development application.

Council is to be commended for this review of signage and outdoor advertising controls but they will only be as good as the enforcement processes.

Council response: The review has provided an opportunity for increased awareness of and education around signage and outdoor advertising controls. Council intends to build on this through more timely and consistent compliance and the Council organisational structure now includes a Compliance Officer.




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Council needs to be consistent and should be addressing the proliferation of ‘anti-coal’ signs across the Shire.

Council response: This submission was accompanied by 32 photographs of ‘protest’ signage, some on private property, but many also on recognised Items of Heritage or within Heritage Conservation Areas, or nailed into telegraph poles. Council does need to be consistent in the application of signage controls, especially in association with Items of Heritage or located within Heritage Conservation Areas where Council approval is required.

With regard to Outdoor Advertising, and Variable Message Signs (VMS) in particular, the following concerns were raised:

Many members of the SHF&W Association & Chambers live in rural areas. The proposed controls to prohibit VMS on roads where the speed limit is above 70 km/hr (A1.7.3 in Attachment 1) would be detrimental to those businesses.

Council response: The 70 km/hr draft control is consistent with SEPP 64 (State Environmental Planning Policy – Advertising & Signage). No DCP control can contravene a SEPP.

The strategic use of digital signs has the potential to benefit rural tourism, especially agri-tourism.

Council response: Council understands the need for rural properties to provide adequate and timely identification. This is as important for rural supply vehicles as it is for tourists and visitors. However, Council is also mindful of the cumulative impacts of such signage on the rural landscape and natural environment, particularly if it is digital signage. These days, most properties can be easily located using internet based technology. The Conclusion to this report proposes options to addressing this issue.

The proposed controls limit the ability of organisations and business to properly promote their events and activities, undermining their business development efforts.

The requirement for a DA for the use of VMS for all but Council run events would put onerous conditions on non-Council events considering they are temporary signs.

VMS are mainly temporary and mobile and can make a valuable contribution to the promotion of businesses across the Shire.

VMS are unlikely to become a problem because of the high cost of their rental or acquisition.

Council response: These comments are noted. Council appreciates the need for businesses to promote themselves but there are alternatives in the DCP to the use of Variable Message Signs.

Lack of suitably zoned land in Mittagong has caused businesses to move to lower profile areas where they need to rely on signage to maintain business viability.

Council response: These comments are noted. Council will be undertaking a review of WLEP 2010 later this year and this will include the extent and location of certain zones.

Council uses VMS to promote its own tourism events, the economic value of which is questioned by many residents and visitors. Council could do more to support local business instead.




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Council response: These comments are noted.

One submission noted that most drivers have come to expect that Variable Message Signs are associated with advising motorists of road conditions or some similar road safety matter and that they should be kept for this purpose.

Council response: This comment is noted and reflects Council’s position on the use of VMS as indicated in the draft DCP controls.

SEPP 64 Draft Amendments

Since the exhibition of the draft DCP provisions for signage and outdoor advertising, draft amendments to SEPP 64 (State Environmental Planning Policy – Advertising & Signage) have been released by the Department of Planning & Environment for public comment.

These draft amendments are noted because a SEPP overrules Council’s LEP and DCP provisions.

The SEPP amendments were prompted by submissions received by the Department to the public consultation on draft amendments to the Transport Corridor Outdoor Advertising and Signage Guidelines. These submissions emphasised the need for an urgent review of controls to address the use of ‘digital technology’ in roadside signage. As a result, the draft SEPP amendments include:

Inserting a new clause to prohibit advertising on parked trailers on roads and road related areas including road shoulders, footpaths and nature strips;

Requiring development consent in order to display advertising on trailers parked on private land and seen from roads, roads shoulders, footpaths and nature strips.

The proposed consent requirements and prohibition will not apply to advertisements on trailers which are:

ancillary to the dominant purpose of the trailer (for example, signage on a removalist trailer or a trailer for gardening services), or

parked by or on behalf of a public authority (such as Council) in exercising their functions.

If the draft SEPP amendments are adopted, Council would have the authority to issue fines for trailer advertising on roads, road shoulders, footpaths and nature strips and when displayed on private land without valid consent and the Environmental Planning & Assessment Regulation 2000 is proposed to be amended to allow for fines up to $1,500 for individuals and $3,000 for corporations.

As Council’s draft DCP provisions are not inconsistent with the draft SEPP provisions, and the SEPP is referenced, no further amendments to the draft DCP provisions are required.


Council Officers also provided comment, mainly around clarification and layout. These have been incorporated into the revised post-exhibition draft. Key changes include:

Signage images have been enlarged and clarified.

The controls applicable to each type of Exempt Development have been amended to improve clarity by including the statement: “(Type of advertising) shall be permitted




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without consent provided they comply with all of the following controls. If not, a development application will be required.”

The extent of reference to SEPP 64 has been reduced and included under Signage Requiring Council Consent as criteria which would apply to the assessment of a DA.

The controls for A Frame/Sandwich Boards and Merchandise Display bins on footpaths have been included in this section of the draft DCP provisions. This is to ensure consistency as to the location of all outdoor signage & advertising controls within the DCPs. These provisions remain as currently presented within the DCPs. The current prohibition on A Frame/ Sandwich Boards on footpaths in Bowral will remain.

Post exhibition changes are highlighted and underlined. It is not considered that any post-exhibition amendments to the draft controls warrant re-exhibition.

The draft post exhibition DCP Signage and Outdoor Advertising provisions form Attachment 1 to this report.


There are no Fit for the Future implications associated with this report.

CONSULTATION


Community engagement associated with draft amendments to DCP provisions for Signage and Outdoor Advertising is considered in the body of this report.


Internal consultation associated with draft amendments to DCP provisions for Signage and Outdoor Advertising is considered in the body of this report.


Impacts from proposed amendments to SEPP 64 are considered in the body of this report.


Environment

The draft amendments to DCP provisions for Signage and Outdoor Advertising considered in the body of this report aim to ensure that both the built and natural environments of the Shire are protected from the proliferation of such development.

Social



The adoption of standard signage controls throughout the Shire can promote broader economic benefits for the region through provision of local marketing of businesses and also




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community events and tourism. The consistent application of signage controls not only enhances economic benefits to the Shire but also preserves the local amenity of the natural and built form.

Culture

Controls regarding Signage associated with Items or Draft Items of Heritage, or Heritage or Draft Heritage Conservation Areas are clarified in these draft controls.

Governance

The draft amendments have been prepared and will be processed in accordance with the provisions of Part 3 of the Environmental Planning and Assessment Regulation 2000.


There are no budget implications. The draft amendments have been prepared by Council Strategic Planning staff. Their application will occur through the development application process.


There are no other related Council policies associated with this report.

OPTIONS


Option 1

Vary the draft provisions to the extent that they need to be re exhibited.

Option 2

Make minor variations to the draft controls which will still allow for adoption.

Option 3

Adopt the draft controls as presented in Attachment 1 to this report.


CONCLUSION

In conjunction with the Wingecarribee LEP 2010, the Development Control Plans provide the primary tool for assessing and determining Development Applications. They establish development context, objectives and controls in order to provide clarity and equity for all property owners and development proponents.

Council is mindful of the need for businesses to be recognised and to promote themselves. However, Council does not believe that this should be at the expense of the built and natural environments of the Shire.




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Draft amendments to SEPP 64, based on community feedback to the Department on the proliferation of Variable Message Signs in particular, suggest that Council’s view is supported at the State level.

Council does recognise that there is a need to explore options for better management of outdoor advertising for businesses and their events. There may be opportunities to utilise the location and resources of the Welcome Centre, or to identify designated advertising areas at key entry points to the Highlands. These are options which Council is prepared to explore in consultation with business operators as part of the implementation of the Wingecarribee Local Planning Strategy 2015-2031 once it is endorsed by the Department of Planning and Environment.

In the meantime, the draft provisions provide a clearer guidance to businesses and business organisations and for the assessment of development applications.

ATTACHMENTS

1. Post exhibition Draft DCP Signage Provisions - circulated under separate cover




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13.3 Report to Exhibit Draft DCP Provisions for Residential Development

Reference: 5700 Report Author: Acting Strategic Planning Team Leader/Coordinator Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Delivery Program: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE The purpose of this report is to present draft Development Control Plan amendments relating to Residential Development in order to provide stronger and clearer guidelines and controls for particular types of development and situations.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT the draft Development Control Plan amendments relating to Residential Development be placed on public exhibition for a period of at least 28 days AND THAT a report be presented to Council at the conclusion of the exhibition period.

REPORT

BACKGROUND

The Development Control Plans (DCPs) are the primary assessment tool by which Council considers Development Applications (DAs). There is a separate DCP for each township and village. There are two (2) rural DCPs, the Rural Lands DCP which applies to the RU1 Primary Production and RU2 Rural Landscape zones, the E3 Environmental Management zone and the SP3 Tourist zone, and the Rural Living DCP which applies to the RU4 Primary Production Small Lots and E4 Environmental Management zones. There are also two (2) Industrial DCPs (Industrial Land DCP and Moss Vale Enterprise Corridor DCP).

In using the DCPs the Town Planners periodically identify guidelines or controls which could benefit from a review to improve their strength and/or clarity. The current suite of DCPs came into force with the making of Wingecarribee Local Environmental Plan 2010 (WLEP 2010) and all have been amended on various occasions since then to maintain currency.

A further review is currently underway and certain draft amendments have been prepared which form the subject of this report. These draft amendments form Attachment 1 to this report.




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REPORT

The draft DCP amendments to provisions relating to residential development cover the following key areas:

1. Amendment to Flood Liable Land provisions with regard to Seniors Living

These amendments would apply to the Flood Liable Land chapter of all DCPs.

In assessing sensitivity to flood risk, the land use definitions in WLEP 2010 have been grouped into eight categories. One of these is ‘sensitive uses and facilities’ which currently contains the term ‘seniors housing’, incorporating both self-contained housing as well as residential care facilities.

Following discussion between Council’s Flood Plain & Stormwater Engineer and Senior Town Planner, it was considered that grouping all types of seniors housing into the ‘sensitive uses and facilities’ land use category under this section of the DCP provided little scope for more independent self-contained seniors housing to be considered separately to residential care facilities. This approach is considered to be inconsistent with the seniors housing policy direction set by the Department of Planning and Environment. The proposed amendments comply with the Department’s policy direction.

It is proposed to amend the ‘sensitive land uses & facilities’ category in the schedule of sensitivity to flood risk to replace ‘seniors housing’ with ‘residential care facilities’. It is noted that, under this proposed amendment, the balance of seniors housing types, i.e. self-contained dwellings, would still be included in the existing ‘residential’ flood land use category (third on list above) under the DCP. The ‘residential accommodation’ land use continues to include all forms of ‘seniors housing’ in accordance with the definition under WLEP2010.

2. Cut and Fill Provisions

These have been amended to comply with the General Housing Code of the Exempt and Complying State Environmental Planning Policy (SEPP).

3. Amendment to the prohibition of shipping containers

It is proposed to amend the provisions for shipping containers in order to enable their conversion for use for a dwelling or ancillary building subject to a formal development application.

4. Dual Occupancy and Secondary Dwelling Provisions

The draft amendments contain extensive clarification of what forms of dual occupancy and secondary dwellings were permissible within the Shire and under what legislation. The controls applicable to each option are also clarified.

5. Low Density Residential provisions

Certain low density residential controls have been reviewed mainly to clarify their intent and application. Building height, setback and landscaping provisions have specifically been clarified.

6. Medium Density Residential provisions

The medium density residential provisions have been reviewed mainly to clarify their intent and application. Building height and setback provisions have been clarified. Street presentation particularly at the Low Density/Medium Density interface is addressed.




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Specific controls for Residential Flat Buildings (RFBs) have been incorporated into the Medium Density Residential Development section rather than stand alone. Where there are different standards for RFBs and other forms of medium density development, this is clearly indicated.


There are no Fit for the Future implications associated with this report.

CONSULTATION


Should Council resolve to proceed with the draft amendments they will be placed on public exhibition for a period of at least 28 days in accordance with the provisions of Part 3 of the Environmental Planning and Assessment Regulation 2000.


The preparation of the draft amendments has occurred in consultation with the Town Planning and Accredited Certifier staff. Further consultation will occur through the exhibition period.


During the exhibition period it is intended to discuss the proposed amendments with development industry stakeholders.


Environment

Development Control Plans require strong and clear provisions to ensure that all environmental factors relevant to assessing development applications are considered. The review of the Residential Development sections will ensure that these provisions continue to reflect ‘best practice’.

Social

Social impacts are considered in assessing Development Applications. Reviewing the DCPs in response to community values and priorities ensures they remain relevant.


The quality of the DCPs in providing timely and capable assessment of Development Applications can impact on the economic development of the Shire.

Culture

Development standards applicable to Items or Draft Items of Heritage or to Heritage or Draft Heritage Conservation Areas have been clarified.




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Governance

Draft amendments have been prepared and will be processed in accordance with the provisions of Part 3 of the Environmental Planning and Assessment Regulation 2000.


There are no budget implications. The draft amendments are being managed by Council Strategic Planning staff.


There are no other related Council policies associated with this report.

OPTIONS


Option 1

Not proceed with the draft amendments

Option 2

Proceed with some of the draft amendments

Option 3

Proceed with the draft amendments as set out in this report


CONCLUSION

The Development Control Plans provide the primary tool for assessing Development Applications. They establish development context, objectives and controls in order to provide accuracy, clarity and equity for all property owners and development proponents.

It is crucial that they remain consistent with community values and expectations as well as State legislation including SEPPs and s117 Directions. The review of the residential development controls forms an important part of this review process.

ATTACHMENTS

1. Draft Residential DCP provisions - circulated under separate cover




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13.4 Draft Disability Inclusion Action Plan

Reference: 1828/9 Report Author: Ageing and Disability Officer Authoriser: Coordinator Community Development Link to Delivery Program: Increase community inclusion, cohesion and social

interaction

PURPOSE The purpose of this report is to seek approval for the Draft Disability Inclusion Action Plan to be placed on public exhibition for a period of 14 days from 25 May to 7 June 2017 with the public invited to provide feedback and comments during the exhibition period.

RECOMMENDATION 1. THAT the Draft Disability Inclusion Action Plan be placed on public exhibition

for a period of 14 days from 25 May to 7 June 2017. 2. THAT following a review of the community feedback and comments a final

Disability Inclusion Action Plan is presented to Council on 28 June 2017 for approval.

REPORT

BACKGROUND

Councils are required by the NSW Disability Inclusion Act 2014 to undertake disability inclusion action planning by 1 July 2017. Guidelines released by Local Government NSW outlined a recommended process.

The Disability Inclusion Action Plan is intended as a whole-of-council planning tool to achieve Council’s goals to support inclusion of people with disability in the community.

REPORT

Council is required to develop a Disability Inclusion Action Plan (DIAP) as a way to identify the role of local government in building liveable communities that support better access and inclusion of people with disabilities, older people and carers.

Following a three month period of community consultation which included a community survey, a consultation page on Your Say Wingecarribee, community drop-in sessions and discussion with service providers, a DIAP has been drafted that incorporates the information and ideas from the community engagement and consultations as well as the access and inclusion projects and plans that Council is currently working on or delivering.

The draft DIAP and actions have been developed around the four key focus areas:




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1. Developing positive community attitudes and behaviours.

2. Creating liveable communities.

3. Supporting access to meaningful employment.

4. Improving access to services through better systems and processes.

The draft DIAP identifies priority areas and specific strategies to make the Wingecarribee Shire an accessible and age-friendly community to meet the needs of all people.

It will also form an important element of Council’s broader Integrated Planning and Reporting Framework with access and inclusion objectives and actions linking to the objectives of the Wingecarribee Shire Council Community Strategic Plan.

The draft DIAP has been developed in accordance with the recently released State Government guidelines.

Benefits

Benefits to the Community will include:

providing a public statement of Council’s commitment to accessibility and inclusion

focusing on areas where Council has control or can significantly influence, noting that

other levels of government, as well as non-government organisations have critical

roles in promoting health, wellbeing and quality of life for people with a disability

making mainstream services more accessible to people with disability

encouraging improved physical access to the community


This report has no impact on Council’s Fit for the Future Improvement Proposal.

CONSULTATION


The community engagement strategy included community consultations, an online survey, and other tools on the Wingecarribee Have your Say website.

Additional community engagement will be undertaken during the exhibition period.


A targeted internal consultation plan has been developed and implemented as part of the development of the draft DIAP.


Consultations have been held at every opportunity for discussion with the community and community service providers about barriers to access and inclusion. These have included events held for International Day for People with Disability, senior’s events, youth events, service provider meetings and forums and the Community Services Expo.




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Council’s Disability Officer was available for drop-in or telephone conversations over a period of two weeks during the community consultation period.

A stakeholder’s roundtable will be held during the exhibition period to provide an opportunity to provide feedback on the draft plan, to discuss community feedback and discuss specific actions included in the plan.


Environment


Social

The guiding principle of social justice that underpins the Wingecarribee Shire Community Strategic Plan seeks to attain equity, access, participation and equal rights.

The Disability Inclusion Action Plan particularly addresses the People and Places themes of the Community Strategic Plan and will link to other Council and community strategies and plans including the Arts and Culture Strategic Plan, the Positive Ageing Strategy, the Youth Strategy and Action Plan and the Wingecarribee Aboriginal Cluster Group priority actions.



Culture


Governance

Council is required by the NSW Disability Inclusion Act 2014 (DIA) to undertake disability inclusion action planning by 1 July 2017.

The draft Disability Inclusion Action Plan has been prepared in readiness for public exhibition. The Plan follows NSW Local Government guidelines which include material to address the implementation of disability inclusion action planning by NSW Councils.


The Disability Inclusion Action Plan outlines strategies and actions for a four year period. The adoption of the Plan does not have a direct impact on Council’s budget. However, it will provide direction for the allocation of existing budgets and to plan for future budget allocations.

The Plan will outline those actions that will be undertaken from existing resources and those that will require additional funding or resources from internal and external sources.




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The Plan refers to the following Council strategies and plans:

Community Strategic Plan.

Arts and Culture Strategic Plan.

Positive Ageing Strategy and Action Plan.

Youth Strategy and Action Plan.

Wingecarribee Aboriginal Cluster Group Action Plan.

OPTIONS

Option 1

Council is required to adopt a Disability Inclusion Action Plan before 30 June 2017. Prior to adopting the DIAP it is recommended Council places the draft DIAP on public exhibition for a period of 14 days and invites members of the public to provide feedback and comments. The final Plan will be submitted to Council on 28 June 2017 for adoption.

CONCLUSION

Placing the draft Disability Inclusion Action Plan on exhibition and providing further opportunity for community feedback and comments will enable the final Plan to be endorsed by Council for adoption before 30 June 2017.

ATTACHMENTS

1. Draft Disability Inclusion Plan 2017-2021 - circulated under separate cover




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13.5 Fees Payable to Mayor and Councillors 2017/18

Reference: 101/6 Report Author: Integrated Planning and Reporting Coordinator Authoriser: Group Manager Corporate and Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE To advise of the Local Government Tribunal’s determination under Section 241 of the Local Government Act 1993 in respect of the annual fees payable to Mayor and Councillors for the 2017/18 financial year.

RECOMMENDATION THAT Council determine the fees payable to the Mayor and Councillors for the period 1 July 2017 to 30 June 2018

REPORT

BACKGROUND

The Local Government Act 1993 (the Act) provides for the Local Government Remuneration Tribunal to determine categories for councils, together with the annual fees payable to Mayors and Councillors. The Tribunal, in accordance with Section 241 of the Act, must determine no later than 1 May each year the minimum/maximum fees payable for Councillors and Mayors for each category.

Council is required under the Act to determine the fee to be paid to the Mayor and Councillors. Section 248 of the Act stipulates that a council must pay each Councillor an annual fee in accordance with the Tribunal’s determinations, the annual fee is to be the same for each Councillor and Council is able to pay that fee having regard to the category established by the Tribunal.

In setting the fee Council may fix a fee that is equal to or greater than the minimum but not greater than the maximum for the appropriate category. When Council declines to fix a fee, it must pay the appropriate minimum fees as determined by the Tribunal.

REPORT

The Tribunal has reviewed key economic indicators, including the Consumer Price Index and Wage Price Index, and had regard to budgetary limitations imposed by the Government’s policy of rate pegging and concluded that the full increase of 2.5% in minimum and maximum fees for mayors and councillors is appropriate.

In accordance with Section 239 of the Local Government Act 1993 the Tribunal is required to determine the categories of councils and mayoral offices at least every three years. The




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last review was undertaken in 2015, however given the recent local government reform and reduction in the number of councils from 152 to 128 the Tribunal has also undertaken a review of categories and the allocation of councils into each of the categories. The determination provides for the retention of five existing categories, some with new titles, and the creation of two new categories. The revised categories are as follows:

Metropolitan

Principal CBD (formerly Principal City)

Major CBD (formerly Major City)

Metropolitan Large (formerly Metropolitan Major)

Metropolitan Medium (formerly Metropolitan Centre)

Metropolitan Small (formerly Metropolitan)

Non Metropolitan

Regional City (new)

Regional Strategic Area (new)

Regional Rural

Rural

The revised categorisations have no impact on Wingecarribee Shire Council which remains classified as Regional Rural council. Pursuant to Section 241 of the Act, the annual fees to be paid to Councillors and the Mayor, effective on and from 1 July 2017 are determined as follows:

Councillors to be within the range of $8,750 to $19,310 per annum and must be the same for each Councillor.

Mayor to be an additional fee above that applicable to Councillor and to be within the range of $18,630 to $42,120 per annum.

The 2016/17 Councillor fees were set at the maximum amount of $18,840 per annum for Councillors and $41,090 per annum for the Mayor. Based on the current fees a 2.5% increase would amount to $470 increase for Councillors and $1,030 increase for the Mayor.


There is no impact on Council’s Fit for the Future Improvement Plan.

CONSULTATION


Nil


Nil




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This report has been prepared on the basis of advice received from the Local Government Remuneration Tribunal and in accordance with the Local Government Act 1993.


Environment


Social




Culture


Governance

Pursuant to Section 241 of the Local Government Act 1993 the Remuneration Tribunal must not later than 1 May in each year determine in each of the categories determined under Section 239 the maximum and minimum amounts of fees to be paid during the following financial year to councillors and mayors.


An increase in Councillor Fees has been factored into the draft 2017/18 budget.

The draft 2017/18 budget includes an estimate of $215,800 for Councillor Payments (Including the Mayoral Allowance).

If approved, the proposed increase of 2.50% would result in total payments for the 2017/18 financial year of $215,916.

This would leave a minor discrepancy compared to budget of $116 which would be addressed at the first quarterly review of the 2017/18 Budget.


Nil

OPTIONS


Option 1

Increase fees paid by Councillors by 2.5% in line with the Tribunal’s findings.




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Option 2

Increase fees by another amount less than the 2.5% increase.

CONCLUSION

The Local Government Act 1993 established the Local Government Remuneration Tribunal to set a range of fees payable to mayors and councillors each year.

The range of fees for the 2017/18 financial year has been determined by the Tribunal and Council is required to set the appropriate level of fees applicable for the Mayor and Councillors for the period 1 July 2017 to 30 June 2018.

ATTACHMENTS

1. Local Government Remuneration Tribunal: Annual Report and Determination - circulated under separate cover

Mark Pepping Deputy General Manager Corporate, Strategy and Development Services Friday 19 May 2017



REPORT GENERAL MANAGER

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Legal Affairs

Reference: 107/22 Report Author: Internal Audit and Legal Support Officer Authoriser: Group Manager Corporate and Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Updating the report on the status of legal proceedings reported to Council at the meeting on 26 April 2017.

RECOMMENDATION 1. THAT the status of the legal proceedings involving Council be considered in

Closed Council – Item 22.1. 2. THAT the information relating to ongoing legal costs in Attachment 1 to the

report be noted.

REPORT

BACKGROUND This report updates the current status and costs paid during April 2017 for legal proceedings involving Council, including those matters completed since the last report to Council. Legal proceedings involving Council and legal advice obtained by Council are confidential and attract legal professional privilege. Therefore, their status is reported in a closed report.

REPORT On 17 April 2013, Council resolved: THAT the legal costs as detailed in the Legal Affairs Report be made public in the Business Paper on an ongoing basis.

The report on the status of legal affairs involving Council contains information and advice that is privileged on the ground of legal professional privilege and contains information that, if disclosed, could confer a commercial advantage on parties with whom Council is conducting business (including opposing parties in litigation). Therefore, it is recommended that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(c) and 10A(2)(g) of the Local Government Act 1993.




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For the purpose of preserving privacy, some matters in Attachment 1 may be described in general terms. If a Councillor has a specific enquiry regarding the costs reported, they should raise it in Closed Council. Consultants Fees At the Council meeting on 8 March, 2017, Council resolved that the Legal Affairs Report include a separate column for fees paid to consultants in legal proceedings.

Consultants are engaged in all cases concerning development consents in the Land & Environment Court as the Court requires the parties to provide expert evidence to assist in the determination of the issues in the case.

These consultants prepare reports for the Court and give evidence if the matter goes to hearing on such matters as site density, building layout, traffic, drainage, noise, light and any other relevant issue.

The consultants are always engaged by the external law firm acting for Council.

Usually, their fees are paid by the law firm and recouped from Council through an invoice from the law firm. In that case, the consultants’ fees have been included in the monthly Legal Affairs report to Council. There were no consultants’ fees for legal proceedings paid in the month of April.

CONSULTATION

Community Engagement There was no community engagement in the matters reported.

Internal Consultation Staff and management provide information, as required, to assist the progress of the matters reported and General Counsel reviews and provides advice and instructions, as necessary, on various aspects of the matters reported.

External Consultation Solicitors from Council’s Legal Panel provide advice and conduct legal proceedings on Council’s behalf.


Environment

There are no environmental issues in relation to this report. However, some legal proceedings may deal with unauthorised works or activities which have had or could have an environmental impact.

Social





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Culture


Governance

There is a strong community expectation in relation to enforcement and compliance actions of Council. Actions taken are in line with Council’s Compliance and Enforcement Policy.

COUNCIL BUDGET IMPLICATIONS There are ongoing legal expenses incurred by Council relating to legal proceedings involving Council and legal advice obtained by Council.


Council’s Compliance and Enforcement Policy.

ATTACHMENTS

1. Legal Costs April 2017 Barry W Paull Acting General Manager Friday 19 May 2017


14.1 Legal Affairs ATTACHMENT 1 Legal Costs April 2017

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ATTACHMENT 1 Legal Costs

April 2017

YTD YTD MATTER LIFE

$ $ $ $

Costs Rec’d Costs Rec’d

250.00 27,394.22 1,168.00 WSC v O’Shanassy (LEC) (development without consent, Range Road)* 421,063.92

1,100.00 12,335.00 WSC v Gadeley (Local Court) (development w/o consent, Colo Vale)* 29,803.59

Fees Paid to Consultants in respect of Legal Matters

April 2017 YTD MATTER LIFE

$ $ $

Nil 11,967.26

* Defendants ordered to pay penalty and Council’s costs – recovery action underway by OSR or Council:

1. O’Shanassy - $93,500 penalty (OSR recovery) plus Council’s costs as agreed or assessed (Council recovery) 2. Gadeley - $20,000 penalty plus $4,000 costs (both OSR Recovery)

$388,576.45 – total legal costs paid 1 July 2016 to 30 April 2017 $649,677.03 – total legal costs paid by Council 1 July 2015 to 30 June 2016



COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE

This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Hampden Park Management Committee held on Tuesday, 17 January 2017 2. Robertson Community Centre Management Committee held on Monday, 13 February

2017. 3. Loseby Park Community Hall Management Committee held on Friday, 17 February

2017. 4. Mittagong Playhouse Committee held on Thursday, 30 March 2017. 5. Robertson Community Centre Management Committee held on Monday, 24 April

2017.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Hampden Park Management Committee held on Tuesday, 17 January 2017 2. Robertson Community Centre Management Committee held on Monday,

13 February 2017. 3. Loseby Park Community Hall Management Committee held on Friday,

17 February 2017. 4. Mittagong Playhouse Committee held on Thursday, 30 March 2017. 5. Robertson Community Centre Management Committee held on Monday, 24 April

2017.

ATTACHMENTS

There are no attachments to this report.



COMMITTEE REPORTS

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18.2 Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on 27 April 2017

Reference: 8100/11 Report Author: Administration Officer Authoriser: Manager Assets Link to Delivery Program: Conserve the key natural resources of the Shire water


PURPOSE This report provides the Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on Thursday 27 April 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION

Item 1 Welcome and Apologies

WFRM 1/17

That the apology of Mr Karl Batshon be accepted and leave of absence granted.

That Mrs Laurel Cheetham stand as a permanent member of the Committee.

Item 4.1 Committee Terms of Reference

WFRM 2/17

That the Terms of Reference be noted.

Item 4.2 Floodplain Management Program and Drainage Issues

WFRM 3/17

That the information be received and noted.

RECOMMENDATION THAT recommendation Nos WFRM1/17 to WFRM3/17 as detailed in the Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on Thursday 27 April 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.



COMMITTEE REPORTS

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ATTACHMENTS

1. Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on 27 April 2017



ATTACHMENT 1 Minutes of the Wingecarribee Floodplain Risk Management Advisory Committee Meeting held on 27 April 2017

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.3 Minutes of the Arts and Culture Advisory Committee Meeting held on Tuesday, 2 May 2017

Reference: 1564 Report Author: PA for Mayor Authoriser: Group Manager Corporate and Community Link to Delivery Program: Leverage and network what we have that is good and

working well in a particular field to establish core working groups that with Council collaboration and support, will provide leadership, coordinated planning and funding

PURPOSE This report provides the Minutes of the Arts and Culture Advisory Committee Meeting held on Tuesday, 2 May 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 1 Welcome and Apologies ACC 7/17

THAT the apology of Mrs Maisy Stapleton be accepted and leave of absence granted. Item 2 Assessment of Arts and Culture related applications to the Wingecarribee

Community Assistance Scheme ACC 8/17

THAT the Committee’s recommendations regarding funding of Arts and Culture related applications for the Wingecarribee Community Assistance Scheme 2017/18 be referred to the Community Assistance Scheme Advisory Committee.

RECOMMENDATION THAT recommendations Nos ACC 7/17 to ACC 8/17 – as detailed in the Minutes of the Arts and Culture Advisory Committee Meeting held on Tuesday 2 May 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Arts and Culture Advisory Committee Meeting - 2 May 2017



ATTACHMENT 1 Minutes of the Arts and Culture Advisory Committee Meeting - 2 May 2017

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.4 Minutes of the Community Development Advisory Committee held on Tuesday 9 May 2017

Reference: 1800/58 Report Author: PA for Mayor Authoriser: Group Manager Corporate and Community Link to Delivery Program: Increase community inclusion, cohesion and social

interaction

PURPOSE This report provides the Minutes of the Community Advisory Committee Meeting held on Tuesday 9 May 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 1 Welcome and Apologies CDAC 8/17 THAT the apology of Clr Grahame Andrews, Ms Rebbecca Reidy and Mr Bruce Mumford be accepted and leave of absence granted. Item 2 Assessment of Arts and Culture related applications to the Wingecarribee

Community Assistance Scheme. CDAC 9/17

THAT the Committee’s recommendations regarding funding of Community Development related applications for the Wingecarribee Community Assistance Scheme 2017/18 be referred to the Community Assistance Scheme Advisory Committee.

RECOMMENDATION THAT recommendations Nos CDAC 08/17 to CDAC 09/17 – as detailed in the Minutes of the Community Development Advisory Committee Meeting held on Tuesday 9 May 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Community Development Committee held on Tuesday 9 May 2017.



ATTACHMENT 1 Minutes of the Community Development Committee held on Tuesday 9 May 2017.

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.5 Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017

Reference: 107/21 Report Author: Administration Officer Authoriser: Chief Financial Officer Link to Delivery Program: Ensure important decisions are made on the basis of how

they meet our goals

PURPOSE This report provides the Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 3 Apology FC 12/17 THAT the apology of Clr P W Nelson be accepted. Item 4 Adoption of Minutes of Previous Meeting FC 13/17 THAT the minutes of the Finance Committee Meeting held on Wednesday 15 February 2017 MN FC 1/71 to MN FC 11/71 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. Item 7.1 Budget Review to 31 March 2017 FC 14/17 1. THAT Council approve the budget variations reported at the March Quarterly Review

as listed in Attachment 1 to the report. 2. THAT the projected surplus of $62,197 be transferred to the Capital Projects Reserve. Item 7.2 Mittagong Swimming Centre Rectification Works FC 15/17 THAT Council vote expenditure of $1,000,000 to the Mittagong Swimming Centre Rectification Works in the 2017/18 Budget, with the source of funding being $369,000 from the Capital Projects Reserve and $631,000 from the Land Rental Reserve.



COMMITTEE REPORTS

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Item 7.3 Outcome of Reverse Auction for Council's Electricity Large Sites and Street Lighting

FC 16/17 THAT the report concerning the outcome of the Reverse Auction for Council’s Electricity Large Sites and Street Lighting be considered in Closed Committee – Item 8.1. Item 8 Closed Committee FC 17/17

1. THAT Council moves into Closed Council in accordance with the requirements of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

8.1 Outcome of Reverse Auction for Council's Electricity Large Sites and Street Lighting

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The purpose of this report is to provide the Finance Committee with the outcome of the recent reverse auction process for Council’s electricity large sites and street lighting undertaken on the 4 May 2017.

2. THAT the minutes of the Closed Council part of the meeting (being the Council’s resolution) be made public.

Item 8.1 Outcome of Reverse Auction for Council's Electricity Large Sites and Street

Lighting FC 18/17 1. THAT Council note the information contained in this report. 2. THAT a further report be presented to the Finance Committee as part of the

September Review of the 2017/18 Budget which addresses the funding shortfall for Council’s large sites electricity and street lighting estimates.

Resumption of Open Committee FC 19/17 THAT Council moves from Closed Committee into Open Committee.



COMMITTEE REPORTS

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Adoption of Closed Committee FC 20/17 THAT the recommendation of the Closed Committee held on Wednesday, 17 May 2017 being MN 18/17 be adopted.

RECOMMENDATION THAT recommendations Nos FC 12/17 to FC 20/17 – as detailed in the Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017



ATTACHMENT 1 Minutes of the Finance Committee Meeting held on Wednesday, 17 May 2017

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ATTACHMENT 1




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QUESTIONS WITH NOTICE

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19 QUESTIONS WITH NOTICE

19.1 Question with Notice 3/2017 - Alleged Pollution of Water and Waste Disposal

Reference: 100/5, PN1699786 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Delivery Program: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Larry Whipper

Received: 18 May 2017

Subject: Alleged Pollution of Water and Waste Disposal

Question:

1. Can you confirm that a letter dated 9 May 2017, has been received from the EDO

alleging that there has been a breach of sections 48 and 120 of the Protection of the Environment Operations Act 1994 (NSW) (POEO Act) and section 76A of the Environment Planning and Assessment Act 1979 (EPA Act).

2. Can you also confirm that you are aware of preliminary advice from Dr Thomas Grant, Adjunct Senior Lecturer at the School of Biological, Earth and Environmental Sciences, UNSW, raising concerns that the coal wash reject in question could have detrimental effects on the aquatic life in the creek, (including platypus populations) due to the heavy metal, salt content and acid/acid-forming chemicals it may contain.

3. Can you please advise what actions have been taken by the Environment Protection

Authority and/or Council to pursue the allegations of these contraventions and to prevent further environmental harm?

Preamble: When I was in the role of Mayor this matter came to my attention. Requests were made for follow up and significant concerns were raised about potential contamination to a Special Protected waterway in the Sydney Catchment. This matter has now become subject to legal correspondence from the EDO, where it is alleged that over the last 12 months, during periods of medium and heavy rain, coal wash reject has been observed washing off the road and into Doodles Folly Creek and the surrounding environment, causing water pollution and potentially damaging the aquatic ecosystem.



QUESTIONS WITH NOTICE

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Response:

1. Council has received correspondence from the Environmental Defender’s Office on

9 May 2017 with regard to allegations of breaches of the Protection of the Environment Operations Act 1997 and also the Environmental Planning and Assessment Act 1979.

2. Council is aware of email correspondence from Dr Thomas Grant with respect to

generalist advice regarding coal wash products and associated likely chemicals and metals.

3. At this stage there are only allegations of potential water pollution. Council has

commissioned independent testing of the water way and adjoining lands. Results have not been received at the time of preparing this advice however from contact with the specialist consultant, Council staff are expecting to receive the final test results and associated interpretation report any day.

Council was notified of the alleged unlawful transport of coal washery rejects (CWR) to the Premises and its subsequent land-application on 29 March 2016. A site inspection was undertaken on 1 April 2016 where the land application of CWR was observed in contravention of the EPA Coal Washery Rejects Exemption 2014 (the Exemption) and an oral clean-up direction was given in accordance with section 93 of the Protection of the Environment Operations Act 1997 (the POEO Act) – this direction was followed up with the issue of a Clean-Up Notice (CUN) in accordance with section 91 of the POEO Act on the same day. With approval from the Environment Protection Authority as the appropriate regulatory authority (ARA), Council continued to exercise the functions of the POEO Act and has taken regulatory action. A Continued use DA was lodged on 23 January 2017 by Coordinated Logistics Pty Ltd on behalf of the Land Owner to regularise the construction of the unapproved road as well as for a building envelope at the premises. This application remains undetermined at this time pending test results being received by Council with regard to alleged contamination. It is noted that the subject DA has been called up by Council for a Council Determination.

RECOMMENDATION

THAT the information in relation to Question with Notice 3/2017 – Alleged Pollution of Water and Waste Disposal - be noted.



NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Motion 15/2017 - Invitation to Hume Coal to Make a Presentation and Overview to Councillors of Their Mine Plan and EIS

Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillor Peter Nelson has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: 1. THAT Council extend an invitation to Hume Coal to make a presentation to

Councillors on its Mine Plan and EIS AND THAT the General Manager be authorised to negotiate a suitable date and time prior to an Ordinary Meeting of Council or at an Information Session for Councillors.

2. THAT such presentation be for Councillors and senior Council staff only.

RECOMMENDATION

Submitted for determination.

Preamble At the Ordinary Meeting of Council held on Wednesday, 10 May 2017 it was suggested by the General Manager that as an invitation to Hume Coal to address Councillors only was not part of the original motion that I should submit a Notice of Motion to invite Hume Coal to address Councillors without members of the public present.



NOTICES OF MOTION

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20.2 Notice of Motion 16/2017 - Voluntary Planning Agreement for the Proposed Hume Coal Project



PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: THAT Council consider preparing a Draft Voluntary Planning Agreement for the proposed Hume Coal Project as indicated by the NSW Planning Department.

RECOMMENDATION


COMMENT FROM STAFF Voluntary Planning Agreements are prepared in accordance with provisions in the Environmental Planning and Assessment Act 1979 (the Act) and Environmental Planning and Assessment Regulations 2000. The Planning Authority for the proposed Hume Coal Mine is the Department of Planning and Environment and the determination will be made by the Planning Assessment Commission. Under the provisions of the Act, a consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to a proposed development or that the developer has not offered to enter into such an agreement. However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with: (a) the development application, or (b) a change to an environmental planning instrument sought by the developer for the

purposes of making the development application. All Council can really do at this point in time is to indicate to the Department of Planning and Environment that it is willing to enter into discussions with Hume Coal to prepare a Voluntary Planning Agreement.



NOTICES OF MOTION

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20.3 Notice of Motion 17/2017 - Voluntary Planning Agreement for the Proposed Coomungie/Chelsea Gardens Project



PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: THAT Council consider preparing a draft Voluntary Planning Agreement for the proposed Coomungie/Chelsea Gardens Project.

RECOMMENDATION


COMMENT FROM STAFF Voluntary Planning Agreements are prepared in accordance with provisions in the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000. Council was the designated relevant Planning Authority for the proposed Chelsea Gardens/Coomungie Planning Proposal up until 10 May 2017 when the Secretary for the Department of Planning and Environment appointed herself as the relevant Planning Authority to finalise the matter. It is noted this advice from the Secretary is scheduled to be reported to Council formally on 14 June 2017. It is considered premature to making any decisions on entering into preparing a Voluntary Planning Agreement associated with the Chelsea Gardens/Coomungie Planning Proposal until such time as the Planning Proposal has been determined by the Minister for Planning. It is further noted that Voluntary Planning Proposals can be prepared concurrently with any future development applications should the rezoning proceed.



NOTICES OF MOTION

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20.4 Notice of Motion 18/2017 - Confidential Reports

Reference: 100/4, 100/11.2017 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: THAT Council consider preparing a report on keeping confidential reports within the guidelines of the Office of Local Government and report back to Council.

RECOMMENDATION




NOTICES OF MOTION

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20.5 Notice of Motion 19/2017 - Council Pool Strategy



PURPOSE Councillors Garry Turland and Graham McLaughlin have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: THAT an Information Session be held for Councillors to review the current Shire Pool Strategy including Bundanoon, Bowral and the rectification works required for Mittagong Pool.

RECOMMENDATION




NOTICES OF MOTION

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20.6 Notice of Motion 20/2017 - Development of Policy for Council to Reduce Reliance on Fossil Fuel Energy Sources



PURPOSE Councillors Larry Whipper and Gordon Markwart have given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 24 May 2017: 1. THAT Council staff, as a matter of urgency, investigate opportunities to develop

a policy for Council to reduce reliance on fossil fuel energy sources for its high energy utilisation sites including water and sewer treatment plants and pumping stations.

2. THAT those investigations include options to work with third parties including

community based organisations, either through partnerships or collaborative arrangements that offer energy sources such as solar, wind generation or other renewable sources.

3. THAT an information session be held within two (2) months to brief Councillors

on the status of the investigations detailed in the aforementioned recommendations.

RECOMMENDATION


Preamble Council has indicated via its Community Strategic Plan that it is committed to strategies that ensure that Council adapts and builds resilience to climate change including: (i) Manage Council’s resources consumption, with significant increases in efficiency and

adoption of renewable energy. (ii) Build community capacity to reduce greenhouse gas emissions and respond to the

impacts of climate change.



NOTICES OF MOTION

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COMMENT FROM STAFF Council has installed over 200KW of solar and several energy efficiency facility upgrades in the last 5 years. Council’s Revolving Energy Fund funded the majority of these projects, with a focus on projects that provide the best business case for the fund. Moving ahead, an Energy Management Plan is currently being prepared to provide a clear pathway for energy management across its facilities. The Plan will focus on reducing Council’s billed energy consumption by identifying opportunities through efficiencies and renewable energy. The Plan will provide the ability to prioritise projects for implementation according to business case and available resources. It would be appropriate for the framework for uptake of renewable energy opportunities to remain in this Plan, and implementation guided by these principles.



CLOSED COUNCIL

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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.

Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).

However, the Act also contains the following provisions qualifying the use of Section 10A(2).

Section 10B

1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:

a. are substantial issues relating to a matter in which the council or committee is involved, and

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).

4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

a. a person may misinterpret or misunderstand the discussion, or

b. the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.

Director General’s Guidelines

The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.



CLOSED COUNCIL

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_

RECOMMENDATION 1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

22.1 Legal Report - Closed Council

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description To report the ongoing management of legal proceedings since last reported to Council on 26 April 2017.

2. THAT the minutes of the Closed Council part of the meeting (being the

Council’s resolution) be made public.

Barry W Paull Acting General Manager Friday 19 May 2017

wingecarribee shire council online customer service centre ......2017/05/24 · barry w paull...

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