Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203 e. [email protected]DX 4961 Bowral ABN 49 546 344 354 File No: 100/2016 3 June 2016 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 8 June 2016 commencing at 3.30 pm. Yours faithfully Ann Prendergast General Manager SCHEDULE 3.30pm Council Meeting begins 5.30pm Questions from the Public to be read out 7.40pm Closed Council
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Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203
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 8 June 2016 commencing at 3.30 pm.
Yours faithfully Ann Prendergast 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, 8 June 2016 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.
Acknowledgement of Country - Clr L A C Whipper
We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.
3.32pm Opening Prayer – Reverend Matthew Brooks-Lloyds, St Stephens Anglican Church, Mittagong
3.35pm Apologies (if any)
Adoption of Previous Minutes – Wednesday, 25 May 2016
Business Arising (if any)
Declarations of Interest (if any)
Mayoral Minute (if any)
Public Forum (if any)
Motion to move into Committee of the Whole - Clr J R Clark
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
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Business
1. OPENING OF THE MEETING
2. ACKNOWLEDGMENT OF COUNTRY
3. PRAYER
4. APOLOGIES
5. ADOPTION OF MINUTES OF PREVIOUS MEETING
Ordinary Meeting of Council held on 25 May 2016
6. BUSINESS ARISING FROM THE MINUTES
7. DECLARATIONS OF INTEREST ................................................................... 1
8. MAYORAL MINUTES
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 Acquisition of Land for Road Widening - Part Lot 6 DP 632169, 120 Nowra Road Moss Vale and Part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale .................................................................................... 2
12.2 Australian Government 2016 Black Spot Program: Successful Projects ................................................................................................. 7
12.3 Bong Bong Street and Merrigang Street Traffic Signals - Parking Changes .............................................................................................. 10
13. CORPORATE STRATEGY & DEVELOPMENT SERVICES
13.1 Adoption of the 2016/17 Operational Plan (Including Budget & Revenue Policy)................................................................................... 16
13.2 Development Applications Determined 22 April 2016 to 22 May 2016 . 38
13.3 Development Applications Received 22 April 2016 to 22 May 2016 ..... 48
13.4 LUA04/0411.03 - Section 96 Modification to approved Seniors Living Development 1-3 Hurlingham Avenue, Burradoo ................................. 57
13.5 Chelsea Gardens Coomungie Urban Release Area ............................. 58
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13.6 Request from the Southern Highlands Global Association Inc for use of Council Logo ................................................................................... 72
Mayor to resume chair at 5.30 pm
COUNCIL MATTERS
14. GENERAL MANAGER
Nil
15. DELEGATE REPORTS
16. PETITIONS
16.1 Petition 04/2016 - Our Village Our Future - Ratepayer Opposition to the Robertson "Information Kiosk" ....................................................... 75
17. CORRESPONDENCE FOR ATTENTION
Nil
18. COMMITTEE REPORTS
18.1 Management and Advisory Committee Reports ................................... 78
18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016 .................................................................................................... 79
18.3 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016 .............................................................. 90
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016 ............................................................................................110
19. QUESTIONS WITH NOTICE
19.1 Question with Notice 07/2016 - Lehman Bros .....................................118
20. NOTICES OF MOTION
20.1 Notice of Rescission of Motion 04/2016 - Item 13.3 - Council Poll 2016 ...................................................................................................119
20.2 Notice of Motion 12/2016 - Village Walking Tracks .............................121
20.3 Notice of Motion 13/2016 - Accommodation for the Highlands Theatre Group ....................................................................................123
20.4 Notice of Motion 14/2016 - Vacant Land at Frankland Street, Mittagong ............................................................................................125
21. GENERAL BUSINESS
Nil
22. CLOSED COUNCIL
Moving into Closed Session ......................................................................... 126
22.1 Question with Notice 07/2016 - Lehman Bros This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(e) as it contains information that would, if disclosed, prejudice the maintenance of law and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.
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23. RESUMPTION OF OPEN COUNCIL
Resumption of Open Council
Adoption of Closed Session
24. ADOPTION OF COMMITTEE OF THE WHOLE
25. MEETING CLOSURE
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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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.
Entrance
Door
Media Table
Public Public
Councillors
MayorClr Larry Whipper
General ManagerAnn Prendergast
Minute TakerElizabeth Johnson
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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.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK
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COMMITTEE OF THE WHOLE
12 OPERATIONS FINANCE & RISK
12.1 Acquisition of Land for Road Widening - Part Lot 6 DP 632169, 120 Nowra Road Moss Vale and Part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale
Reference: PN1050000, PN1703334 Report Author: Acting Property & Projects Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE The objective of this report is to gain Council approval to acquire land for road widening being part Lot 6 Deposited Plan 632169, 120 Nowra Road Moss Vale and part Lot 30 Deposited Plan 649885, 404 Yarrawa Road Moss Vale.
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RECOMMENDATION 1. THAT the General Manager be delegated authority to negotiate with the Owners
of Lot 6 Deposited Plan 632169 and Lot 30 Deposited Plan 649885 for the acquisition of part of the Land known as Lot 6 DP 632169, 120 Nowra Road Moss Vale and part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale (‘the Land’) for the purpose of road widening.
2. THAT if the acquisition referred to in Resolution 1 cannot be negotiated by
agreement, Council resolves to:
(a) acquire the Land by compulsory acquisition under Sections 186 and 187 of the Local Government Act 1993 (NSW) and in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991;
(b) approve the making of an application to the Minister of Local Government
for the issue of a proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land AND THAT Council request the Minister for Local Government approve a reduction in the notification period from ninety (90) days to sixty (60) days.
(c) 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 1993 (NSW) with respect to the Land;
(d) 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 and delegate authority to the Mayor and General Manager to execute those documents;
(e) delegate authority to the General Manager to execute on behalf of Council
any documents associated with the compulsory acquisition process that does not require the Common Seal of Council.
REPORT
BACKGROUND
The Yarrawa Road and Nowra Road intersection in Moss Vale is to be upgraded to allow for safer curve realignment through this segment of road. It is necessary to widen this section of road to accommodate utilities and the clear zone adjacent to the road.
REPORT Council has identified the need to acquire the land (being part Lot 6 DP 632169, 120 Nowra Road Moss Vale and part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale) (“the subject properties”) – see aerial map attached as Attachment 1. The purpose of the acquisition is
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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for road widening. The project will be funded from the Federal Government Blackspot Fund (administered by Roads & Maritime Services). The intersection of Yarrawa Road and Nowra Road is a dangerous and a sharp bend. The road is narrow with poor sight distance. The objective of acquiring the land is to widen the road to allow for safer curve realignment through this intersection as well as to accommodate utilities and the clear zone adjacent to the road. The road works are expected to be substantially completed by end of June 2016. The owners of the subject properties have given in-principle verbal approval to the acquisition of land for the upgrade of the intersection. Council will acquire approximately 30.6m2 of land from Lot 6 and approximately 30.1m2 of land from Lot 30. A formal valuation will be undertaken to assess the compensation that may be payable for the acquisition of the land. Upon receipt of the valuation, an offer will be made to each of the owners of the subject properties. If agreement cannot be reached within 60 days of the date of the offer, Council will proceed with the compulsory acquisition of land via the compulsory acquisition process. In the event that the acquisition must proceed via compulsory acquisition process, application is to be made to the Office of Local Government (Minister) and the Governor for approval. For this reason, the recommendations made in this report should not be amended as they are the ‘model’ resolutions put forward by Council’s panel solicitors for the compulsory acquisition of land for road purposes.
IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
None identified.
CONSULTATION
Community Engagement
There has been no engagement with the community. This is an administrative matter between Council as roads authority and the owners of the subject properties.
Internal Consultation
Civil Design & Projects Engineer
Senior Property Officer
External Consultation
Owners of subject properties
Valuer
Surveyor
SUSTAINABILITY ASSESSMENT
Environment
There are no environmental issues in relation to this report.
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Social
There will be significant safety improvements arising from the acquisition of land for this intersection upgrade project. This will have positive impacts in terms of reducing hazards for drivers at the intersection of Yarrawa Road and Nowra Road.
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.
Governance
There are no governance issues in relation to this report.
COUNCIL BUDGET IMPLICATIONS
There will be no impact on Council’s budget.
The intersection upgrade project will be funded from the Federal Government Blackspot Fund. This project also includes a component to cover the acquisition of land and associated costs. As outlined above, the compensation payable to the owners of the subject properties will be assessed by formal valuation undertaken by a registered valuer.
RELATED COUNCIL POLICY
None identified.
CONCLUSION
In the interests of improving road safety, it is recommended that Council endorse the processes necessary to undertake the acquisition of part of each of the subject properties to complete the upgrade to the Yarrawa and Nowra Roads intersection. It is suggested that Council adopt the ‘model’ resolutions, without change, as put forward by Council’s panel solicitors where acquisition of land is required for road purposes.
ATTACHMENTS
1. Aerial Map
AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
12.1 Acquisition of Land for Road Widening - Part Lot 6 DP 632169, 120 Nowra Road Moss Vale and Part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale
ATTACHMENT 1 Aerial Map
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ATTACHMENT 1
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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12.2 Australian Government 2016 Black Spot Program: Successful Projects
Reference: 7806/1 Report Author: Road Safety Officer Authoriser: Manager Assets Link to Corporate Plan: 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 Reporting on successful Australian Government 2016 Black Spot Program projects approved for Wingecarribee Shire Council.
RECOMMENDATION 1. THAT successful 100% funding notification for four black spot projects, at a
total value of $1,051,780 for Wingecarribee Shire Council be received and noted. 2. THAT the four black spot projects be included in the 2016–17 Capital Works
Program and Operational Plan.
REPORT
BACKGROUND
Council submitted five applications (for five projects) for funding, under the Australian Government 2016 Black Spot Program, in July 2015. Four of those applications have been successful. The successful projects had a crash history over the five year period 2010-2014 that qualified for remediation and consideration under the National Black Spot Program.
REPORT
Annually Council officers review the crash history over the previous five year reporting period and identify all crash clusters that meet the minimum criteria for consideration for funding under both national and state Black Spot Funding Programs. Staff investigate targeted remediation options, determine cost estimates and analyse ‘Benefit Cost Ratios’ using approved procedures. The process advises officers of likely potentially successful projects.
The Federal Minister for Infrastructure and Transport, Hon Darren Chester MP advised in a media release dated 14 April 2016 (confirmed with Council on 25 May 2016) that the following four projects have been successful and are included in the 2016 Black Spot projects for NSW:
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
This black spot funding reduces the burden on Council funding resources.
CONSULTATION
Community Engagement
Council officers are aware of community concerns at a number of locations throughout the shire. The identification of projects considers these concerns.
Internal Consultation
Officers discuss options and possible treatments with relevant internal departments.
External Consultation
Projects and issues are discussed on a regular basis with the Traffic Committee, NSW Police and RMS representatives
SUSTAINABILITY ASSESSMENT
Environment
The impact on the environment is negligible and any impact will be identified and addressed through normal design and construction procedures.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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Social
The projects are expected to have a positive social impact through the expected safety improvements that each project will deliver.
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.
Governance
There are no governance issues in relation to this report.
COUNCIL BUDGET IMPLICATIONS
There are no budget implications. The successful projects are fully funded from the Black Spot grant.
RELATED COUNCIL POLICY
The acceptance of funds allocated as part of the Black Spot Program is consistent with existing Council policy.
OPTIONS
The option available to Council is to adopt the recommendation:
CONCLUSION
Council is committed to improving transport networks within the Wingecarribee Shire. The 100% 2016 Black Spot Program funding approval for four projects, at a total value of $1,051,780, strengthens this continued improvement.
ATTACHMENTS
There are no attachments to this report.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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12.3 Bong Bong Street and Merrigang Street Traffic Signals - Parking Changes
Reference: 7456, 7460/8.1 Report Author: Transportation Planning Engineer Authoriser: Manager Assets Link to Corporate Plan: 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 Roads and Maritime Services have requested that the Traffic Committee endorse, and Council resolve, to support parking changes to meet statutory and capacity requirements at the Bong Bong Street and Merrigang Street intersection at Bowral to enable the commissioning of the signals under construction which is scheduled for 15 June 2016. The parking changes require that three (3) car parking spaces be removed and that two (2) existing car parking spaces be signposted as a “Loading Zone” (see Attachment 2). It is advised that one (1) tree will be removed on Bong Bong Street (see Attachment 5).
RECOMMENDATION 1. THAT Council accepts the parking restriction changes and signage at the
intersection of Bong Bong Street and Merrigang Street which are required to meet statutory requirements for parking at traffic signalised intersections.
2. THAT Council accepts the provision of a “Loading Zone” on Merrigang Street at
the north east corner of the intersection, noting the removal of two (2) car parking spaces.
3. THAT Council accepts the removal of three (3) car parking spaces required to
meet statutory and capacity requirements for the traffic signals at Bong Bong Street and Merrigang Street.
4. THAT Council accepts the removal of one (1) tree on Bong Bong Street (south
west corner of the Bong Bong Street and Merrigang Street intersection) which is required to ensure clear approach sight lines to the proposed signal lanterns over the long term.
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REPORT
BACKGROUND
The NSW Roads and Maritime Services (RMS) have provided Council with details of required parking changes having given regard to statutory requirements.
The parking changes are required to enable the commissioning of traffic signals, which are currently under construction at the intersection of Bong Bong Street and Merrigang Street at Bowral.
Commissioning of the traffic signals is scheduled for 15 June 2016.
The RMS have advised that they have considered the statutory requirements carefully and have minimised the loss of parking (from the initial assessment of twelve (12) car parking spaces to three (3) spaces plus conversion of two (2) spaces to a “Loading Zone”).
The RMS have proactively identified reductions in parking restriction requirements to minimise the parking loss. The RMS have given consideration to the site being located in a low speed environment.
REPORT
The purpose of this report is to attain Council resolution to adopt the recommendations of the Traffic Committee on this matter. Council is advised that due to the short notice provided by the RMS, an out of session process whereby voting members of the Traffic Committee have been requested to consider the RMS requirements and recommendations of this report has been undertaken.
The voting members have endorsed the recommendations of this report.
The out of session process has been reviewed by the RMS representative who attends the Traffic Committee meetings.
The details of the proposed parking changes have been provided by the RMS and are shown on Attachment 2. It is proposed that the following parking changes be made at the Bong Bong Street and Merrigang Street intersection:
North West Corner (Adjacent to Memorial Park)
1. On Merrigang Street – retain the existing location of “No Stopping” sign and hence
retain existing parking spaces (no loss of parking). 2. On Bong Bong Steet - retain the existing location of “No Stopping” sign and hence
retain existing parking spaces (no loss of parking).
North East Corner
3. On Bong Bong Street, adjacent to the property 250 Bong Bong Street - retain the
existing location of “No Stopping” sign and hence retain existing parking spaces (no loss of parking).
4. On Merrigang Street, adjacent to the property 252 Bong Bong Street – retain the existing location of “No Stopping” sign and hence retain existing parking spaces (no loss of parking).
5. On Merrigang Street - provide a 6.75m “Loading Zone” from existing “No Stopping” sign. (The need for the “Loading Zone” is discussed further in this report). This will occupy two (2) car parking spaces.
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South East Corner 6. On Merrigang Street, adjacent to the property 256-258 Bong Bong Street, relocate the
“No Stopping Sign” 4.8m east of original position. (Loss of one parking space). 7. On Bong Bong Street - retain the existing location of “No Stopping” sign and hence
retain existing parking spaces. South West Corner 8. On Bong Bong Street, adjacent to the property 255-261 Bong Bong Street, relocate
the “No Stopping” sign 9.0m south of original position. And to remove a small tree in the footpath to enhance site distance. (Loss of two (2) spaces).
The removal of the tree is required to ensure clear approach sight lines to the signal lanterns, there is potential for the tree to mature and branches will likely obstruct the sight lines to the signal lanterns. It is advised that the loss of parking spaces is required to provide a passing lane for vehicles heading north to minimise delay by right turning vehicles from Bong Bong Street into Merrigang Street which is required to assist in maximising capacity.
9. On Merrigang Street, adjacent to the property 255-261 Bong Bong Street - retain the existing location of “No Stopping” sign and hence retain existing parking spaces (no loss of parking).
In total, in order to meet statutory parking restrictions at the signalised intersection, three (3) car parking spaces will be removed. In addition two (2) car parking spaces in Merrigang Street will be sign posted as a “Loading Zone”. The RMS previously advised of a greater loss of parking spaces. The RMS have responded to concerns regarding the loss of parking and a number of RMS officers were able to ensure that the statutory requirements were met and that the loss of parking was minimised and justified given the local low speed environment.
Merrigang Street “Loading Zone”
The RMS have advised that the property on the north east corner of the intersection has two layback driveways providing access to a forecourt car park. One layback is located on Bong Bong Street and the second layback is located on Merrigang Street. The current use of this property is a real estate office.
The existing access from Bong Bong Street will cause signal operational and possible safety issues. An alternate arrangement which is satisfactory to the RMS, tenant and owner has been identified through RMS consultation with the property owner and the tenant.
The RMS believe that a “Loading Zone” located in close proximity to the real estate premises will meet the loading needs, address safety issues and not impact on the operation of the signals.
The proposed “Loading Zone” at the north eastern corner of the intersection, in Merrigang Street, is shown on Attachment 2.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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Future parking in Merrigang Street
Any loss of parking in this area is of concern to Council. Whilst the loss required by this project has been minimised, it is still a loss. The impending works included in the Station Street Upgrade project will provide significant parking supply that can be easily accessed from Merrigang Street in the vicinity of the traffic signals.
The original proposal shown on Attachment 4 has been modified to show the traffic signals under construction (approximately). The proposed additional parking is expected to be similar to that shown on Attachment 4 allowing for the signalisation of the intersection.
The additional parking will be provided in Merrigang Street between Bong Bong Street and Station Street, utilising additional parking within the turning head of the proposed cul-de-sac and by permitting parking in the proposed closed section of Station Street (under the pin oak trees) which will have access to Merrigang Street.
It is expected that, subject to final design (currently in progress), approximately 40 spaces will be provided in this area.
IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
It is not expected that this proposal to modify parking arrangements will have a negative impact on Council remaining “fit for the future”.
CONSULTATION
Community Engagement
This project was designed and is being constructed and delivered by the RMS. The RMS have advised that they have undertaken Community Engagement for this project.
The RMS have further advised that they have visited each business in the immediate area of the signals to advise of the proposed parking loss and the need to provide a “Loading Zone” in Merrigang Street.
Internal Consultation
As the project is being delivered by the RMS, the consultation has been between the RMS and several Council officers. The Transportation Planning Engineer identified the need to report the proposed parking changes outlined in this report to both the Traffic Committee and Council.
External Consultation
External consultation has been the responsibility of the RMS as the project is being delivered by the RMS. Council has not been provided with details of external consultation.
SUSTAINABILITY ASSESSMENT
Environment
The loss of the tree in Bong Bong Street will be included in environmental offset plantings, which will be developed as part of the Station Street Upgrade project.
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Social
There are no social issues in relation to this report.
Broader Economic Implications
It is acknowledged that the loss of car parking will have an unknown impact on trade in the Bowral precinct. Current parking supply and demand across the Bowral Town Centre and immediate surrounds is currently being surveyed and analysed.
There are approximately 2500 publicly accessible spaces in the Bowral Town Centre which was last extensively surveyed in 2005. A new survey was undertaken on Thursday 26 May 2016 and results are not yet available. The loss of three (3) spaces will reduce the parking supply by approximately 0.12% based on the 2005 data.
Upon completion of the Station Street Upgrade works in this precinct the additional parking as shown on Attachment 4 will more than compensate the parking loss in this precinct. The proposed arrangements will also provide improved access over that which currently exists at the Memorial Park precinct which includes the proposed parking changes.
Culture
There are no cultural issues in relation to this report.
Governance
There are no governance issues in relation to this report.
COUNCIL BUDGET IMPLICATIONS
There are no Council Budget Implications. The RMS have been advised that any cost associated with the cost to change and provide new signage is at full cost to the RMS.
RELATED COUNCIL POLICY
No relevant Council Policy applies to this proposal.
OPTIONS
The option available to Council is to adopt the recommendations.
ATTACHMENTS
1. Statutory parking restrictions at signalised intersections - circulated under separate cover
2. RMS proposed parking changes required for the signalisation of Bong Bong St and Merrigang St intersection - circulated under separate cover
3. RMS signal details for the Bong Bong St and Merrigang St traffic signals - circulated under separate cover
4. Station Street Upgrade Project - Future parking arrangements at the Memorial Park precinct (subject to final design) - circulated under separate cover
5. Tree proposed to be removed in Bong Bong Street - circulated under separate cover
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 3 June 2016
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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13 CORPORATE STRATEGY & DEVELOPMENT SERVICES
13.1 Adoption of the 2016/17 Operational Plan (Including Budget & Revenue Policy)
Reference: 501 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE The purpose of this report is to advise Council of the outcome of its application to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation to fund the Investing in our Future project and to adopt the following:
The 2016/17 Operational Plan, which includes the 2016/17 Budget,
The 2016/17 Revenue Policy (including the Fees and Charges Schedule)
A Special Rate Variation comprising of a 8.55% increase in General Revenue (including 1.80% rate peg) as determined by the Independent Pricing and Regulatory Tribunal.
As required under the Local Government Act, Council is also required to resolve the following:
Making and levying the rates and annual charges for 2016/17,
Authorisation of expenditure and voting of money for the 2016/17 Budget.
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RECOMMENDATION THAT Council:
1. Adopt the 2016/17 Operational Plan, Budget, Revenue Policy, Fees and Charges and Unfunded Priorities List (including the changes outlined within this report).
2. Adopt the 2016/17 Budget and Revenue Policy AND THAT the funds to cover the 2016/17 Budget be voted.
3. Approve the funding for a Tree/Vegetation Management Officer with funding to be sourced from the 2016/17 Budget and the Environment Levy (Subject to confirmation with the Environment and Sustainability Committee).
4. Adopt an 8.55% rate increase under Section 508(A) of the Local Government Act, 1993, in accordance with the Special Rate Variation approved by IPART for the Investing in Our Future project.
5. Make and levy the following ad valorem and minimum rates for the 2016/17 financial year (the period 1 July 2016 to 30 June 2017)
Category Sub Category Ad Valorem Minimum
Residential Ordinary 0.0040417 $874.39
Residential Renwick 0.0044459 $874.39
Business Ordinary 0.0075880 $874.39
Farmland - 0.0023650 $1,277.74
Mining Ordinary 0.0116450 $874.39
Mining Coal Rights Only 0.0020200 -
6. Make and levy a special rate of 0.0000700 cents in the dollar subject to a base rate in accordance with Section 537 of the Local Government Act, 1993 of $26.30 per assessment on all rateable land for all rating categories for the 2016/17 financial year, noting that this special rate is referred to as Wingecarribee Our Future Environment Special Rate.
7. Make and levy the annual charges for domestic waste management services in accordance with Section 496 of the Local Government Act, 1993 for the 2016/17 financial year as outlined within the Revenue Policy.
8. Make and levy the annual charges for stormwater management services in accordance with Section 496A (1) of the Local Government Act, 1993 for the 2016/17 financial year as outlined within the Revenue Policy.
9. Adopt the rate permitted by the Minister for Local Government for the allowable interest rate on overdue rates of 8.00%.
10. Write to formally thank those who made submissions.
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REPORT
BACKGROUND
Under the Local Government Act 1993, Council is required to annually review its Operational Plan, Budget, Revenue Policy (including Fees and Charges Schedule). The Operational Plan and attachments are a sub plan of Council’s Delivery Program. On 10 February 2016 Council adopted a Revised Delivery Program 2013-17, Long Term Financial Plan 2016-2026 and Strategic Asset Management Plan 2016-2026 as a part of the Investing in our Future project. At this meeting Council resolved, inter alia: 3. THAT the draft Delivery Program, 2013-17 (revised December 2015), draft Long Term
Financial Plan 2016-2026 and Strategic Asset Management Plan 2016-2026 be adopted with the amendments outlined in the report and Attachment 2 to the report.
4. THAT Council adopts Scenario 3 as its preferred scenario and lodge a Section 508A
permanent Special Rate Variation (SRV) application by 15 February 2016 to the Independent Pricing and Regulatory Tribunal (IPART) for an increase in ‘General Revenue’ and minimum rate amounts of three annual increases of 8.55% (including rate peg) in 2016/17, 9.25% (including rate peg) in 2017/18 and 2018/19 and an increase of 12.15% (including rate peg) in 2019/20 which includes continuation of the Environment Levy on a permanent basis.
Based on this Council submitted a SRV application to IPART on 15 February 2016. On the 17 May 2016 IPART determined the outcome of this application and approved Council’s application in full for increases of 8.55% for 2016/17 and 9.25% in each of 2017/18 and 2018/19 with an increase of 12.15% in 2019/20, a cumulative increase of 45.30%, with the increase to remain permanently in the rate base.
The Investing in our Future Special Rate Variation will generate $107.5 million which Council has allocated to the following:
• $21.8 million on infrastructure maintenance • $11.1 million on roads • $7.6 million on buildings • $1.9 million on drainage • $1.2 million on parks, and
• $9.4 million on the Wingecarribee Our Future Environment program • $52.7 million on infrastructure renewals
• $34.1 million on roads • $8.3 million on buildings • $7.4 million on drainage infrastructure • $2.9 million on parks, and
• $23.6 million on infrastructure upgrades • $17.5 million on drainage infrastructure, and • $6.1 million on roads
The draft 2016/17 Operational Plan, Budget and Revenue Policy (Including Fees and Charges) was endorsed by Council for the purpose of public exhibition on the 13 April 2016. The 2016/17 Operational Plan, Budget and Revenue Policy (including Fees and Charges)
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was placed on public exhibition for a period of 28 days (18 April to 15 May 2016) and is now ready for formal adoption. The draft Operational Plan 2016/17 outlines the projects, programs and activities (annual deliverables) that Council will undertake during the 2016/17 financial year. The annual deliverables are aligned to Council’s principal activities and objectives from the Delivery Program. In addition, the draft Plan demonstrates Council’s response and commitment to the delivery of Wingecarribee 2031+ Community Strategic Plan. As such the Plan is structured around the five themes of Leadership, People, Places, Environment and Economy from Wingecarribee 2031+. Included in the draft Operational Plan 2016/17 is the draft Annual Budget and Capital Works Program. These documents provide an overview of Council’s financial estimates and a program of Capital Works for the 2016/17 financial year. Council’s draft Revenue Policy and Fees and Charges for 2016/17 are also included in the draft Operational Plan. These documents outline Council’s rates and charges for 2016/17 as stipulated by the Local Government Act.
SUBMISSIONS A total of 15 submissions were received from community members/organisations on the draft Operational Plan and attachments. While there were no strong themes emerging from the submissions, the follows points were raised: • Request for additional funding or improvements to Shire to support Tourism & Events
(4 submissions) • Support for additional funding and importance of Economic Development (4
submissions) • Need for Council to employ a qualified Arborist (3 submissions) • Council decision to apply for Special Rate Variation (2 submissions) • Request for road improvements/upgrades (2 submissions) • Concerns about domestic waste fees and charges (1 submission) • Concerns about kerb & gutter fees and charges (1 submission) • Traffic congestion in Moss Vale (1 submission) • Request to implement Mittagong Creek Flood Plan (1 submission) • Review management of Animal Shelter (1 submission) • Mittagong CBD improvements (1 submission) • Street Tree Master Plan (1 submission). All submissions received during the public exhibition period have been reviewed and given due consideration. Based on this feedback, a number of changes have been recommended to the draft Operational Plan, as outlined in Attachment 1 of this report. All remaining issues have been included in Attachment 1 and include commentary from the relevant Council Branches. STAFF REVIEW Council staff also undertook a final review of the draft Operational Plan and attachments. This review considered emerging issues, recent Council resolutions, progress of 2015/16 projects and activities, and funding announcements by other government agencies impacting Council services and projects arising during the exhibition period. In addition,
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minor amendments to language are proposed to provide greater clarity and removal of any duplication. Attachment 1 of this report outlines the recommended changes to the draft plan based on the feedback received during the internal review process.
Council’s Long Term Financial Plan (LTFP) and Budget are prepared on the basis of maintaining a balanced budget position. This approach underpins Council’s financial sustainability and assessment as a “Fit-for-the-Future” stand alone Council. The 2016/17 Budget has been reviewed and is now presented to Council as a balanced Budget.
The 2016/17 Budget provides for a cash expenditure budget of $113.095 million across the broad functional areas of Leadership, People, Places, Environment and Economy (including all funds). There are a number of proposed changes to the draft 2016/17 budget which include the following:
Investing in Our Future Project Special Rate Variation - $2,322,000 Council is required to amend the draft 2016/17 Budget to include the additional revenue which will be generated through the Investing in our Future Special Rate Variation. This additional revenue is offset by the inclusion of the works program for infrastructure maintenance and renewal. These adjustments have no impact on Council’s balanced budget position.
Tree / Vegetation Management Officer - $80,000 Council has acknowledged the feedback and comments it received during the public exhibition of the draft Operational Plan and Budget and has amended the budget to include funding for the employment of an additional resource for tree/vegetation management. This position will deliver positive environmental outcomes through development compliance and improved technical knowledge and awareness of environmentally sustainable development practices.
Berrima Road Deviation Project - $9,200,000 The funding agreement for this project was considered by Council on the 27 April 2016 and subsequently approved for inclusion in the 2016/17 Budget (MN188/16). This project is jointly funded through the National Stronger Regions Fund (Round 1) and Council’s Land Rental Reserve. A further report will be presented to Council upon the announcement of Council’s pending funding application for this project under the Fixing Country Roads Program.
Bundanoon Water Treatment Plant Control System - $1,200,000 This project has been reviewed by Council’s Asset Management Branch and it is recommended that it be deferred until 2017/18. The project was originally included in the 2016/17 draft Capital Works Program. The deferment of this project will allow sufficient time for staff to undertake design and investigation before proceeding with the project.
Roads to Recovery Bridge Renewal Projects - $1,127,000 It is proposed to bring forward $1.127 million from the 2017/18 budget to undertake bridge renewal works funded under the Federal Government’s Roads to Recovery Program. This timing adjustment is required to ensure that Council’s spends this grant allocation in
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accordance with the conditions of the funding agreement. The location and scope of works are currently being determined by Council staff. Rate Income Council has included an 8.55% increase in rate income in the 2016/17 budget which is in line with the approved increase in general income announced by IPART in May 2016. This includes a 1.80% increase in rate income for general operations (rate-pegging). Council was advised in December 2015 that IPART had determined a rate peg for 2016/17 of 1.80%. This was based on an increase in the Local Government Cost Index of 1.78%. The Local Government Cost Index is a measure of the increase in operational costs incurred by NSW councils for services and activities funded from general rate income. The increase was rounded up by 0.02% to arrive at the approved rate peg for 2016/17 of 1.80%. Environmental Levy In June 2012, IPART approved Council’s application for a special rate variation known as Wingecarribee Our Future Environment Special Rate until 2018/19. In May 2016, IPART approved the continuation of this levy in perpetuity, which will now be retained in Council’s rate base permanently. The 2016/17 Budget includes environmental improvements works and projects totalling $1.297 million. The Environmental Levy is used to fund specific environmental projects which aim to address biodiversity conservation, river health and wetlands and sustainable living. Waste Management Charges In reviewing Domestic Waste Management operations as part of the 2016/17 Budget, it is proposed that no increase be applied to waste management charges. This is primarily a result of savings realised through the revised collection contract Council entered into in 2014 and lower than expected waste disposal costs. The list of charges relating to Domestic Waste Management can be found in Council’s Fees and Charges Schedule for 2016/17. Stormwater Management Charge Council currently levies properties which receive a stormwater service a maximum of $25 per annum charge (Stormwater Management Levy). The 2016/17 Revenue Policy includes the continuation of this charge. Funds raised through the Stormwater Management Levy must only be used on stormwater maintenance and improvements. Interest on Overdue Rates Pursuant to Section 566 of the Local Government Act 1993, the rate of interest on overdue rates and charges is fixed by the Minister for Local Government. The Minister has determined that the maximum rate of interest payable on overdue rates and charges for the 2016/17 financial year is 8.00%. This is a reduction of 0.50% on the 2015/16 financial year rate which was 8.50%.
Water Fund Charges The 2016/17 estimates for the water fund have been prepared in accordance with the funds 30 year strategic business plan with a forecast balanced budget in 2016/17. In reviewing Water Fund operations as part of the 2016/17 Budget, it is proposed that no increase be applied to water access or usage charges.
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The Revenue Policy outlines the following charges for water access and usage:
2016/17 % Increase
Residential Access Charge $158.00 0.00% Water Usage – Tariff 1 (0-616 Litres Per Day) $1.78 per KL 0.00% Water Usage – Tariff 2 (>616 Litres Per Day) $2.67 per KL 0.00%
For a complete list of all water charges for the 2016/17 financial year please refer to the Revenue Policy. Sewer Fund Charges The 2016/17 estimates for the Sewer Fund have been prepared in accordance with the Fund’s 30 year strategic business plan with a forecast balanced budget in 2016/17. In reviewing Sewer Fund operations as part of the 2016/17 Budget, it is proposed to apply a 5.29% increase to sewer access charges. This increase is in accordance with the funding strategy for the major upgrades required to the Moss Vale, Bowral and Mittagong Sewer Treatment Plants over the next several years. The Revenue Policy outlines the following increase in Council’s sewer charges:
2015/16 2016/17 % Increase
Residential Access Charge $756.00 $796.00 5.29%
For a complete list of all sewer charges for the 2016/17 financial year please refer to the Revenue Policy. Fees and Charges In general, Council’s fees and charges have been increased by 2.50%, with the exception of those fees which are set by regulation, are prepared on a cost recovery basis or where Council provides the service in a competitive market. There are no changes required to the Draft Fees and Charges Schedule which was placed on public exhibition. Loan Borrowings Council has not included any proposed loan borrowings in the 2016/17 Budget and Revenue Policy. Council has a long standing practice where loan funds are only considered for infrastructure investment (Capital Expenditure) which provides inter-generational benefit. UNFUNDED PRIORITIES LIST In preparing the 2016/17 Budget, Council staff were requested to provide a detailed list of all projects or funding requests which could not currently be afforded within existing budget constraints. The list includes items requested by Councillors, staff and members of the community. It is proposed that Council adopt the Unfunded Priorities List as part of the 2016/17 Operational Plan. Councillors can request that items be added, deleted or modified through
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Council resolution, as part of the Finance Committee’s quarterly review or as part of the Annual Budget. There are two additional items proposed to be added to Council’s Unfunded Priorities List:
Southern Highland Arts Festival Budget - $10,000 This request was considered by the Finance Committee on the 18 May 2016 and subsequently approved for inclusion on the Unfunded Priorities List (FC5/16). The request is to increase the current level of funding available to promote and market the annual Southern Highlands Arts Festival.
Major Town Footpath Connections - $1,000,000 This Councillor request is proposed to be added to the Unfunded Priorities List and relates to works which are currently not funded in Council’s Capital Works Plan / Budget. The request is to undertake footpath works primarily between the major towns within the shire. The request has been included on the basis of $250,000 per annum over four years.
The Unfunded Priorities List will be presented to Council each quarter as part of the Quarterly Budget Review considered in the Finance Committee. If funding becomes available, either through operational savings or additional revenues, Councillors will be able to refer to the Unfunded Priorities List for items to be included as part of future budgets.
2016/17 RATING POLICY
1. Council has the following categories/sub categories for rateable land in the
Wingecarribee Shire Local Government Area:
Residential – Ordinary Residential – Renwick Business – Ordinary Farmland Mining – Ordinary Mining – Coal Rights Only 2. For the 2016/17 financial year, in accordance with Section 498 of the Local
Government Act 1993, Council’s ordinary rate levy will be calculated on the basis of an ad valorem rate determined by the amount in the dollar in respect of the relevant rating category and sub category. A minimum rate also applies to each relevant rating category and sub category (excluding Coal Rights) in accordance with Section 548 of the Local Government Act 1993.
3. For the 2016/17 financial year, in accordance with Section 495 of the Local Government Act 1993, Council’s Wingecarribee Our Future Environment Special Rate will be calculated on the basis of a base amount plus an ad valorem rate determined by the amount in the dollar relevant for this rate. The base amount will be subject to a maximum of 50% of the total revenue raised by the special rate in accordance with Section 500 of the Local Government Act 1993.
The following is the proposed rating structure for 2016/17, identifying the various ad valorem rates for each category, along with the approved Special Rates.
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Category Sub Category Ad Valorem Minimum Rate Estimated Yield
Approved Special Rate Ad Valorem Base Rate Estimated Yield
Environmental Levy 0.0000700 $26.30 $1,214,200
$37,586,000
IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
An application to IPART for a Special Rate Variation is a key strategy from Council’s Fit for the Future Improvement Proposal. A Special Rate Variation is required to meet the Fit for the Future benchmarks set by the State Government within the required timeframes. The additional funds are required to fund existing asset maintenance and renewal which will impact positively on all benchmarks.
On 17 May 2016 IPART announced Council’s Special Rate Variation application was approved in full for increases of 8.55% for 2016/17 and 9.25% in each of 2017/18 and 2018/19 with an increase of 12.15% in 2019/20, a cumulative increase of 45.30%, with the increase to remain permanently in the rate base. As such, the Special Rate variation has been included in the 2016/17 Operational Plan and Budget.
CONSULTATION
Community Engagement
The Draft Operational Plan, Budget and Revenue Policy (including Fees and Charges) were publicly exhibited for 28 days from 18 April to 15 May 2016. Widespread feedback was sought, with a number of methods utilised and opportunities provided for the community to comment, including:
Public exhibition of the draft plans and budget in the Civic Centre and libraries.
Project page on www.yoursaywingecarribee.com.au/ipr set up with documents, electronic feedback form and Q&A tool. Approximately 1900 registered users were alerted to the opportunity to comment and 1300 eNewsletters were distributed to subscribers.
Radio announcements.
Media release and GM’s Column printed in Southern Highland News.
Information included in Council’s weekly advertising page in Southern Highland News.
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Council also undertook extensive community engagement program as a part of its Investing in our Future project. Commencing in August 2015 a three phased community engagement program was undertaken to determine the community current levels of satisfaction with asset condition and Council’s proposed asset management approach (as per Fit the Future asset and financial modelling). In addition Council explored the community’s acceptance to pay increased rates to improve asset condition and service. The three phases were as follows:
1. Asset Management Survey; 2. Special Rate Variation Engagement and Community Awareness; and 3. Exhibition of revised Delivery Program and Resourcing Strategy including
Special Rate Variation scenarios. More than 2100 residents provided feedback to Council as a part of the Investing in our Future project from end August to early February 2016.
Internal Consultation All branches of Council were provided the opportunity to contribute to the review and the development of the 2016/17 Operational Plan and Budget. A number of briefing sessions were undertaken with Councillors to determine the Budget for 2016/17.
SUSTAINABILITY ASSESSMENT
Environment
Implementation of the Environment Levy, Wingecarribee Our Future Environment, will continue and target environmental programs. On 17 May 2016, the Independent Pricing and Regulatory Tribunal (IPART) approved the Levy in perpetuity.
Social
Council provides services and facilities to our community that meet the needs and demographics of the shire.
Broader Economic Implications
Council’s activities will continue to support economic activity in the Shire.
Culture
Council continues to fund cultural and indigenous progams.
Governance
The 2016/17 Operational Plan, Budget and Revenue Policy is aligned with the Integrated Planning and Reporting legislation framework and a commitment to improved governance.
COUNCIL BUDGET IMPLICATIONS
The 2016/17 Operational Plan and Budget has been presented as a balanced budget.
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RELATED COUNCIL POLICY
There are no policy implications from this report.
OPTIONS There is only one option available to Council and that is to adopt the 2016/17 Operational Plan because this plan is required by legislation to be adopted prior to 1 July 2016. The legislation which directs Council to adopt this plan is contained in the following section of the Local Government Act 1993. Section 405 – Operational Plan Ss(1) A council must (emphasis added) have a plan (its operational plan) that is adopted before the beginning of each (financial) year that details the activities to be engaged in by the council during the year as part of the delivery program covering that year. Ss(2) An operational plan must (emphasis added) include a statement of the Council’s revenue policy for the year covered by the operational plan. The statement of revenue policy must include the statements and particulars required by the regulations. Section 533 – Date by which a rate or charge must be made A rate or charge must (emphasis added) be made before 1 August in the year for which the rate or charge is made or before such later date in that year as the Minister may, if the Minister is of the opinion that there are special circumstances, allow. The option available to Council is: Option 1 Adopt the 2016/17 Operational Plan and Budget.
CONCLUSION The 2016/17 Operational Plan, Budget and Revenue Policy (including Fees and Charges) have been placed on public exhibition for a period of 28 days from 18 April to 15 May 2016. The Operational Plan and Budget demonstrates Council’s ongoing commitment to delivering Council’s Fit for the Future Improvement Proposal and incudes the Investing in our Future Special Rate Variation. Council continues to prudently manage its finances, with Council’s budget position for the 2016/17 financial year resulting in a balanced budget. The 2016/17 Operational Plan, Budget and Revenue Policy (Including Fees and Charges) is recommended for adoption by Council.
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ATTACHMENTS
1. Summary of Submissions and Proposed Changes
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ATTACHMENT 1
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13.2 Development Applications Determined 22 April 2016 to 22 May 2016
Reference: 5302 Report Author: Team Leader Business Support (Development) Authoriser: Group Manager Planning, Development & Regulatory
Services Link to Corporate Plan: Retain and make more distinctive the special qualities that
make each town or village unique
PURPOSE The purpose of this report is to update Councillors on development applications determined in the period 22 April 2016 to 22 May 2016
RECOMMENDATION THAT the information relating to the list of development applications determined be received and noted.
DETERMINED APPLICATIONS BY DATE RANGE Date range: 22 April 2016 to 22 May 2016
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Application
ID Primary Property Owner Description
Date Lodged
Council Decision Determined
Date
Weekly Circular
1069811
68 16/0403 101 Richards Lane Joadja NSW 2575 Lot 22 DP 800614
SWA Farms Pty Ltd
New Dwelling 13/05/2016 #PENDING
69 16/0404
5 Railway Parade Wingello NSW 2579 Lot 2 DP
1212578
JP Beasley New Dwelling 13/05/2016 #PENDING
70 16/0405
1-54504 Sch Arts 59-61 Illawarra
Highway Robertson NSW
2577 Lot 3 Sec 14 DP 758882
Robertson School Of Arts Incorporated
Alterations and Additions to
Robertson School of Arts
13/05/2016 #PENDING
71 16/0406
38 Spencer Street Mittagong NSW 2575 Lot 41 DP
1218312
Copelands Developments
Pty Ltd Dual Occupancy 13/05/2016 #PENDING
72 16/0407
391-397 Bong Bong Street
Bowral NSW 2576 Lot 1 DP 1091708 Lot 2 DP 1091708 Lot 3 DP 1091708
Goldfish Black Pty Ltd,
TM Elias, CJ Elias, S Criniti
Change of Use (various retail to
Wine Bar) 16/05/2016 #PENDING
73 16/0408
41 Yarrawa Street Moss Vale NSW 2577 Lot 3 DP
852885
JE O'Callaghan, JV Medhurst
Demolition (shed) 17/05/2016 #PENDING
74 16/0410
50 Erith Street Bundanoon NSW
2578 Lot 2 DP 533191
AHA Grennan, L Grennan
75 Cluster Houses 17/05/2016 #PENDING
75 16/0413
1 Watkins Drive Moss Vale NSW 2577 Lot 38 DP
263854
JLD Clark, MT McMahon
Alterations and Additions to
Dwelling 18/05/2016 #PENDING
76 16/0414
48A Burradoo Road Burradoo NSW 2576 Lot 1
DP 1206345
CJ Gratsounas New Dwelling 18/05/2016 #PENDING
77 16/0415
120 Shale Lane High Range NSW 2575 Lot 2922 DP
1050629
JR Baglin, BK Baglin
Alterations and Additions to
Dwelling 19/05/2016 #PENDING
78 16/0416
4/274-276 Argyle Street Moss Vale NSW 2577 Lot 4
S/P 58453
A C Bennett Pty Ltd
2 Lot Subdivision 19/05/2016 #PENDING
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Application
ID Primary Property Owner Description
Date Lodged
Council Decision Determined
Date
Weekly Circular
79 16/0418 Suttor Road Moss
Vale NSW 2577 Lot 27 DP 1182495
HS Kempton New Dwelling 20/05/2016 #PENDING
80 16/0421
13 Ferndale Road Colo Vale NSW 2575 Lot 1 DP
17236
SD Chapman, SA Chapman, LL Chapman
New Dwelling- Secondary Dwelling
20/05/2016 #PENDING
81 09/1043.01
Tarlington 659 Old South Road
Mittagong NSW 2575 Part Lot 5 DP
714156 Lot 1 DP 378531
AT Waite Section 96
Modification (lot size change)
12/05/2016 #PENDING
82 10/1227.05 5 Casuarina Street Hill Top NSW 2575 Lot 5 DP 1151729
PM Carpenter Section 96
Modification (moving creek line)
05/05/2016 #PENDING
83 11/0406.04
34 Hoskins Street Moss Vale NSW 2577 Lot 1 DP
160669
DP Alves Section 96
Modification (garage relocation)
05/05/2016 #PENDING
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ATTACHMENTS
There are no attachments to this report.
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13.4 LUA04/0411.03 - Section 96 Modification to approved Seniors Living Development 1-3 Hurlingham Avenue, Burradoo
Reference: LUA04/0411.03 Report Author: Senior Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Alison Stephens Owner: KC & PD Levett Link to Corporate Plan: Provide housing options in all towns and villages that will
enable residents to age in their communities
PURPOSE A section 96(2) modification application, being LUA04/0411.03, seeking consent to modify an approved 10 dwelling seniors living development to become a 12 dwelling seniors living development at 1 – 3 Hurlingham Avenue, Burradoo, was presented to Council at its meeting of 25 May 2016. At that meeting, it was resolved: 1. THAT this matter be deferred to the Ordinary Meeting of Council to be held on
Wednesday, 8 June 2016. 2. THAT Council meet with the applicant and objectors in an endeavour to resolve the
issues outlined by the objectors. Council officers met with the applicant and objectors on Wednesday 1 June 2016. Additional time is required to enable the applicant to consider issues raised by objectors. Therefore, it is anticipated that a further report to Council will be prepared for the meeting of 22 June 2016 or 13 July 2016.
VOTING ON THE MOTION
Councillors are required to record their votes on this matter.
RECOMMENDATION THAT s.96(2) modification application 04/0411.03 which seeks consent to modify an approved 10 dwelling Seniors Living development to become a 12 dwelling Seniors Living development at 1 – 3 Hurlingham Avenue, Burradoo be presented to Council Wednesday, 22 June 2016 or Wednesday, 13 July 2016.
ATTACHMENTS
There are no attachments to this report.
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13.5 Chelsea Gardens Coomungie Urban Release Area
Reference: PN1682700, PN1705662, 5901/5 Report Author: Acting Strategic Planning Team Leader/Coordinator Authoriser: Group Manager Planning, Development & Regulatory
Services Link to Corporate Plan: Retain the rural landscape between towns and villages
PURPOSE To report to Council on the response from the Department of Planning and Environment regarding Council’s request to not proceed with the Planning Proposal to rezone the Chelsea Gardens/Coomungie Urban Release Area to R2 Low Density Residential and apply a minimum lot size of 450m2.
VOTING ON THE MOTION
Councillors are required to record their votes on this matter.
RECOMMENDATION THAT Council advise the Department of Planning and Environment that it continues to not support the Planning Proposal to rezone the Chelsea Gardens/Coomungie Urban Release Area to R2 Low Density Residential and apply a minimum lot size of 450m2 AND THAT prior to any determination by the Department, additional studies be undertaken particularly regarding potential traffic, water and sewer infrastructure impacts of the proposed development and how they will be addressed by the State Government.
REPORT
BACKGROUND
The land known as Chelsea Gardens/Coomungie comprises two adjoining properties, Lot 12 DP 866036, 32 Lovelle Street, Moss Vale (Chelsea Gardens) and Lot 3 DP 706194, 141 Yarrawa Road Moss Vale (Coomungie). Together, these properties form the ‘subject site’ for the purposes of this report.
The subject site is located on the south eastern edge of the Moss Vale township as indicated in Figure 1 below and is currently zoned RU2 Rural Landscape under Wingecarribee Local Environmental Plan 2010 (WLEP 2010) with a minimum lot size of 40 hectares. The site is identified as an Urban Release Area under WLEP 2010.
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Figure 1 – Location of Subject Site in relation to Moss Vale – this Figure has been reproduced as Attachment 1 A submission to rezone the land for residential and ancillary purposes was lodged with Council on 6 May 2013. The concept plan provided for areas of both low and medium density development yielding approximately 1500 dwellings and a small neighbourhood retail facility. Council resolved on 9 October 2013 to not support that submission and to seek to remove the subject site from the Urban Release Area map.
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Prior to Council’s resolution of 9 October 2013, the proponent lodged a pre-gateway review request on 8 August 2013 with the (then) Department of Planning & Infrastructure (now the Department of Planning & Environment and referred to as ‘the Department’ in this report).
The matter was referred by the department to the Southern Joint Regional Planning Panel (JRPP) which recommended that the Proposal proceed, subject to certain additional information being provided by the proponent. The Department supported the JRPP’s recommendation.
Council advised the Department on 13 December 2013 that it would act as the relevant Planning Authority and prepared a Planning Proposal for the purposes of a Gateway Determination. That Determination was issued by the Department on 24 March 2014. The Gateway Determination did not include an authorisation for Council to exercise the Minister’s plan making powers in regard to this Planning Proposal.
The Planning Proposal and all associated documentation were placed on public exhibition for a period of 28 days, as required by the Gateway Determination, between 28 October and 25 November 2015. Some 3,300 notification letters were sent to property owners in the broad vicinity of the subject site and a public information session was held on 2 November 2015. Some 70 members of the public attended. A total of 90 submissions were received, 13 in support of the Proposal and 77 objecting to the Proposal.
At its Ordinary Meeting of 9 December 2015 Council resolved as follows:
1. THAT Council not proceed with the making of the Amendment to Wingecarribee Local Environmental Plan 2010 to rezone Lot 12 DP 866036, 32 Lovelle Street, Moss Vale (Chelsea Gardens) and Lot 3 DP 706194, 141 Yarrawa Road, Moss Vale (Coomungie) from RU2 Rural Landscape to R2 Low Density Residential and amend the minimum lot size for the land from 40ha to 450sqm.
2. THAT Council request the Minister for Planning to determine, under Section 58(4) of the Environmental Planning & Assessment Act 1979, that the Planning Proposal not proceed.
3. THAT the Proponents and Respondents be informed of Council’s decision.
As the result of a Motion Arising, Council also resolved:
THAT in view of the Department of Planning’s reduction of some 4,600 people in their 2031 population projections and the abundant residential zoned land identified by Council, a Planning Proposal be prepared requesting that the Minister for Planning remove the Chelsea Gardens and Coomungie properties as Urban Release Areas from WLEP2010.
On 14 January 2016 Council advised the Department of Planning and Environment of Council’s resolutions and provided the following reasons in support of those resolutions:
Council estimates that it has sufficient capacity in both infill and existing residential release areas to meet projected housing demand to beyond 2031.
Council does not consider that sufficient assessment has been undertaken of the suitability of the site as an urban release area.
Council does not consider that sufficient assessment has been undertaken of the infrastructure impacts of the proposed development, particularly with regard to water and sewer servicing and traffic implications.
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Council was disappointed that the Joint Regional Planning Panel’s (JRPP) recommendation that further assessment be undertaken prior to the Planning Proposal being submitted for a Gateway Determination was not supported by the Department.
Council noted the strong community opposition to the Planning Proposal.
On 25 May 2016 Council received a response from the Department advising that it considered the Planning Proposal to have merit for the following reasons:
The expected population growth of the Shire.
The lack of alternative greenfield release areas.
Uncertainty of housing supply due to Council’s reliance on infill development and increased densities in Moss Vale, Bowral and Mittagong to meet housing demand.
Housing affordability issues from a lack of appropriate housing choices.
The Department also stated that it considered concerns raised by Council (including traffic and servicing) could be managed through the development application process.
This report addresses the matters raised in the Department’s response which is included as Attachment 2.
REPORT
Expected Population Growth & Housing Supply
When the Sydney Canberra Corridor Regional Strategy 2006-2031 was released in 2007, it estimated the Shire’s population growth to 2031 to increase to 58,700 by 2031 with associated dwelling requirements of 8,700.
In 2013 these estimates were revised downwards by almost 8,000 with the projected 2031 population for Wingecarribee Shire reduced to 51,000. As a result of the reduced population growth estimates, a significant decrease in new dwellings is therefore expected. It is consequently estimated that the now required number of new dwellings for the Shire to cater for the expected population growth is revised down to some 3,000 dwellings.
Council’s own thorough investigation of lot potential within existing zoned land identified a Shire-wide existing capacity of 8,959 potential residential lots with a further 355 lots in the rural-residential (RU4 and E4) zones. Council considers that these conservative, ‘ground-truthed’ estimates provide sufficient residential capacity to meet demand to well beyond 2031. Council’s estimate is that there is almost a 300% oversupply of potential dwelling house growth capacity to 2031 within the existing urban areas.
The draft South East and Tablelands Regional Plan (May 2016) (draft Regional Plan) states that “evidence sourced from council housing strategies shows there is enough zoned land with development potential for the market to supply housing in a range of locations in the region.” Council certainly believes this to be the case with regard to Wingecarribee Shire housing capacity estimates.
Council also supports the view stated in the draft Regional Plan (May 2016) that “Making more housing available in existing urban areas is a sustainable option because it takes advantage of existing job markets, commercial and retail opportunities, and infrastructure such as public transport and facilities for pedestrians and cyclists.”
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Council’s preference for infill, rather than green field development, seeks to adopt and implement this philosophy. Within the Moss Vale urban area, Council’s assessment of infill housing capacity identifies the potential for a further 2,000 residential lots without the rezoning of the subject site. This would almost double the current size of Moss Vale (approximately 3,000 lots). These estimates do not include dual occupancy or secondary dwelling developments, of which Council has received a significant increase in the number of enquiries and applications. These developments provide additional infill capacity potential.
Alternative Greenfields Release Areas
Council does understand that infill development alone is not sufficient to provide adequate housing choice for future population growth, however in recent years several residential release areas have come on to the market, or are close to doing so, providing a significant increase in residential lot supply. Around 500 lots are located within the immediate vicinity of Moss Vale, with around 400 lots in close proximity to the Chelsea Gardens/Coomungie site. A further 130 lots are available in two (2) release area on the eastern edge of the town.
An additional forty-nine (49) hectares has also been identified for potential residential development in the Wingecarribee Local Planning Strategy 2015-2031 which was adopted by Council on 23 March 2016 and is currently with the Department for endorsement. One parcel of 30 hectares is located adjacent to the current Darraby residential release area. The remaining 19 hectares is located on the eastern edge of the Moss Vale Enterprise Corridor and particularly addresses Council’s aim to meet affordable housing objectives.
Beyond Moss Vale, there are a further 170 lots coming on to the market at Retford Park in Bowral and a further 130 lot potential at Braemar, totalling an additional 300 lots in the northern part of the Shire. In total, these sites would provide the equivalent lot yield proposed in the Chelsea Gardens/Coomungie release area.
Housing Choice
The draft Regional Plan advises that “Councils should plan for the mix of housing that suits the projected growth, changing demographics (such as an ageing population) and market demand in their area.”
This is exactly what Council has done and will continue to do, relying on information provided from the 2011 Population Census, the Wingecarribee Demographic & Housing Study, (SGS Economics & Planning, 2012), Council’s own ‘ground-truthing’ exercises and Council’s Housing Monitor.
The Chelsea Gardens/Coomungie urban release area does not address Council’s most immediate need, which is for medium density housing. The SGS Study particularly noted the lack of medium density development within the Shire. The 2011 census also highlighted this shortfall, noting that the proportion of medium density housing within the Shire is only some 9% of the dwelling stock compared with a regional average of 14%. The SGS study estimated that, in order to meet the needs of the Shire’s anticipated demographic profile, 22.5% of new dwellings should be medium density, a significant increase over the current 9%. By default, there was estimated to be an oversupply of housing for those demographic groups seeking detached dwellings.
Infill development was considered the best way to generate medium density housing stock, and also considered that the best way to encourage infill is to limit green field options.
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In the past few years, as a result of Council not supporting the rezoning of non urban land for residential purposes, there has been a noticeable increase in applications for the subdivision of residential zoned land within the towns and villages, both for detached and multi dwelling housing.
Council considers this to be a positive outcome as much of this land can be easily serviced and has access to established social, retail and professional services. This also allows Council to focus on improving the provision of services to those existing communities rather than to provide new facilities to new areas which will require ongoing future maintenance.
Site Suitability
The draft Regional Plan states that “New housing must be located to take account of the character, environmental qualities and capacity of the land”. Council agrees with this comment. Council’s principal concern with regard to the subject site is that it considers that insufficient assessment of the site has been undertaken to confirm that the site is indeed suitable as an urban release area. It was always intended that further assessment would be undertaken and considered before any rezoning of the land occurred. This is evidenced in the report adopted by Council of 8 July 2009 which considered feedback to the public exhibition of the draft Wingecarribee Local Environmental Plan 2009. The report noted that:
As it is considered that there are a number of outstanding issues to do with the zoning of the Chelsea Gardens Coomungie urban release area, it is recommended that the site retain the RU2 Rural Landscape zone but retain the site as a future designated urban release area on the urban release area map.
Council does not agree that outstanding site assessments and infrastructure implications can be adequately addressed “through the local development process”, i.e. at the Development Application stage.
Without adequate site assessment, the actual nature of the proposed development cannot be confirmed, nor its impacts assessed. Modifications to the initial development proposal were anticipated and indeed occurred following preliminary assessments provided by the proponent prior to public exhibition of the Planning Proposal. Even further modifications can be expected prior to a Development Application being lodged with Council. In fact, at this point it is almost impossible to know what sort of development will result on the subject land. It could be generic residential development, or possibly seniors living or even a non-residential land use, all of which would be permitted with consent under an R2 Low Density Residential Zone with a minimum lot size of 450m2 should the LEP be made.
The JRPP’s consideration of the Planning Proposal to rezone the subject site for residential development also recognised that additional studies were necessary to better inform the decision making process and recommended that these studies be done before a Gateway Determination was issued. The Department chose not to support those recommendations, requiring instead that they be undertaken prior to public exhibition of the Planning Proposal.
The Department’s letter accompanying the Gateway Determination also required Council to consult with the owners of land south of Coomungie and north east of Chelsea Gardens and be invited to register their interest in having their land investigated for urban development. It
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is noted that the total area of these holdings would more than double the amount of land in the Urban Release Area.
Infrastructure Impacts
In response to the requirement that the additional studies be undertaken prior to public exhibition, the proponents provided the following information to Council:
A Planning Proposal Background Report prepared by AE Design containing a concept plan incorporating proposed subdivision plan, open space, lot sizes, traffic, staging, water cycle management, and drinking water and sewer infrastructure.
Stormwater Management Strategy prepared by Calibre Consulting.
Assessment of TRACKS (Traffic) Strategic Modelling prepared by Calibre Consulting.
Water and Wastewater Servicing Study prepared by Calibre Consulting.
Assessment of the proposed Neighbourhood Centre prepared by Location IQ Economic Location Advisory Services.
The concept master plan proposed 1,232 lots with lot size areas of 450m2, 600m2 and 2000m2. These studies also resulted in the removal of the R3 Medium Density Residential zone and the B1 Neighbourhood Centre zone, all of which were proposed in the initial plan considered by the JRPP.
In an effort to place all documentation on exhibition in a timely manner, not all aspects of these studies were fully assessed. Site constraints remain a concern as do impacts on the surrounding landscape. The land slopes quite steeply in sections and away from the existing town boundary so that its impact is felt more on the surrounding rural landscape than within the town. A sloping site can create soil stability and flooding issues well beyond its boundaries.
The incorporation of different access points to those provided in the initial plan also remain a concern. The initial plan provided two (2) access points to the site, both via Yarrawa Road. The revised plan provides two (2) additional points, one (1) via Hill Road to the north and one (1) at Lovelle Street to the west. Regardless of the final subdivision plane, traffic impacts are of significant concern to Council and remain largely unresolved.
Council’s Traffic & Transport Planning Engineer has assessed the revised plan and relevant documentation provided by the proponent. The Assessment concludes that:
The Revised Plan and associated TRACKS considerations do not provide adequate information to accurately determine the traffic implications of the revised plan. Of particular concern is the proposed access point at Hill Road which could reasonably be expected to direct traffic into Valetta and Argyle Streets via Villiers Road. There are environmental sensitivities associated with both Hill Road and Villiers Road and considerable work would be required to make them suitable for proposed traffic loads.
Additional traffic on Argyle Street will significantly impact on the Illawarra Highway (HW 25) Argyle Street traffic network in the Moss Vale town centre. Further extensive investigation is required to determine how this network could operate at a reasonable level of service over the long term following full development of the site.
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What is clear is that the traffic generation from any proposed residential development will be significant, and is of the greatest concern to Council and the community. This development proposal cannot be considered in isolation and additional analysis of traffic generation scenarios is required. Therefore further assessment of these impacts should occur at the strategic level and involve some commitment from RMS as to what solutions will be implemented to address traffic issues prior to any decision on the future of this land.
It is further noted that, should the LEP be made, it will result in considerable demands on Council for the provision of additional water and sewer infrastructure and improvements to road networks. While the current owners have stated that they will work to ensure that satisfactory agreements are negotiated to enable Council to service the site without undue impact on its budgets, Council has no guarantee that the subject site will not be sold as soon as the LEP amendment is made and any assurances from the current owners will be irrelevant.
Therefore, Council’s ability can negotiate with a future developer for the provision of such facilities and services has yet to be determined. At the very least it is anticipated that Council’s Developer Contributions Plans with regard to Roads and Stormwater will need to be reviewed. If Council cannot satisfactorily negotiate with the developer, this may result in additional demands on the provision of services beyond those identified in Fit for the Future assessments.
In view of these concerns regarding site constraints, traffic impacts and water and sewer infrastructure demands, Council requests that no determination be made with regard to the Planning Proposal until all necessary site and impact assessments have been completed and fully assessed by all relevant authorities at the local and state level.
It is the state government’s preference, reflected in the discussion papers on a new planning system for NSW and associated draft legislation, that such critical assessments be undertaken at the strategic stage rather than the development application stage. Council agrees with this approach but, with regard to Chelsea Gardens/Coomungie, it has not been afforded the opportunity to do so. A proper assessment of site constraints and infrastructure impacts could provide the basis for determining the maximum yield for any future development of the site which.
The type of assessments required under Part 6 of WLEP 2010 in planning for Urban Release Areas would contribute valuable information to the debate on the future of the Planning Proposal. Council therefore requests that the following information be provided and assessed prior to any determination on the Planning Proposal:
a) a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d) a network of passive and active recreational areas,
(e) stormwater and water quality management controls,
(f) amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
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(g) detailed urban design controls for significant development sites,
(h) measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(i) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
Council believes there is sufficient lack of certainty at the strategic stage in order to determine the site constraints and suitability as an urban release area. The only way to determine whether this is the case is to have the opportunity to undertake appropriate assessments before the Planning Proposal is determined. In the meantime Council continues to not support the current Planning Proposal.
IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
Should the Planning Proposal proceed it will result in considerable demands on Council for the provision of additional water and sewer infrastructure and improvements to road networks. The extent to which Council can negotiate with a future developer for the provision of such facilities and services has yet to be determined. At the very least it is anticipated that Council’s Developer Contributions Plans with regard to Roads and Stormwater will need to be reviewed. If Council cannot satisfactorily negotiate with the developer this may result in additional demands on the provision of services beyond those identified in Fit for the Future assessments.
CONSULTATION
Community Engagement
Community consultation to date indicates that the majority of respondents object to the rezoning of the land. Further community consultation in relation to this report is not required.
Internal Consultation
Council’s Assets and Infrastructure Services staff have been consulted throughout the Planning Proposal process. Concerns raised were detailed in the Council report on 9 December 2015.
External Consultation
No external consultation has been undertaken in response to the Department’s letter.
SUSTAINABILITY ASSESSMENT
Environment
Loss of rural character, loss of views and vistas and loss of agricultural land continue to be major concerns for Council. The decision to not support the Planning Proposal would avoid these issues.
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Social
The Planning Proposal would create a larger supply of residential zoned land within the Shire. However Council’s assessment of available zoned land indicates that there is more than sufficient zoned land across the Shire with a significant portion of that in the vicinity of the Moss Vale township. The Planning Proposal would apply a minimum lot size of 450m2 to the subject site. The Revised Proposal submitted to Council indicates a range of lots from 450m2 to 2000m2 due to preliminary site assessments.
Broader Economic Implications
Should the Planning Proposal proceed it will result in considerable demands on Council for the provision of additional water and sewer infrastructure and improvements to road networks. The extent to which Council can negotiate with a future developer for the provision of such facilities and services has yet to be determined. At the very least it is anticipated that Council’s Developer Contributions Plans with regard to Roads and Stormwater will need to be reviewed. If Council cannot satisfactorily negotiate with the developer this may result in additional demands on the provision of services beyond those already budgeted for. Future demands for new infrastructure could seriously jeopardise Council’s Fit for the Future status.
Culture
There are no cultural issues in relation to this report.
Governance
Council believes that due process in the determination of the Planning Proposal requires further assessment of site constraints and infrastructure implications.
COUNCIL BUDGET IMPLICATIONS
Should the Planning Proposal proceed and Council cannot satisfactorily negotiate with the developer additional demands on the provision of services beyond those already budgeted for could be incurred by Council, potentially jeopardising its status as a Fit for the Future Council.
RELATED COUNCIL POLICY
There are no other policy implications.
OPTIONS
The options available to Council are:
Option 1
Support the Planning Proposal. The amendment to WLEP 2010 which would result from this Planning Proposal would rezone the subject site to R2 Low Density Residential and apply a minimum lot size of 450m2.
Option 2
Not support the Planning Proposal and confirm Council’s position that it not proceed under s58(4) of the Environmental Planning & Assessment Act.
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Option 3
Not support the Planning Proposal and request the Department of Planning and Environment require further studies to adequately assess site suitability and infrastructure implications prior to a final determination on the Planning Proposal being made.
Option 3 is the recommended option to this report.
CONCLUSION
The Wingecarribee Community Strategic Plan places strong emphasis on making better use of existing capacity within the towns and villages before relying on the development of green field sites. It emphasises the importance of protecting the rural spaces between the towns and villages. The Wingecarribee Demographic and Housing Study provides evidence that there is more than sufficient land to provide for future housing needs to beyond 2031, both within the existing towns and villages and within existing residential release areas. Residential capacity within Moss Vale in particular is more than adequate.
This Planning Proposal would rezone the subject site from RU2 Rural Landscape to R2 Low Density Residential and apply a minimum lot size of 450m2. Council does not believe that such a significant decision should be taken without a full assessment of all relevant factors, including site compatibility and infrastructure implications, particularly traffic and water and sewer.
A more thorough assessment, as is required under Part 6 of WLEP 2010 would address outstanding issues at the strategic rather than the development application stage in line with state government preferences for such planning.
Council places a very high value on the goals and priorities of its community. The Wingecarribee community generally does not support green field developments where there is no clearly identifiable need for it. The Moss Vale community does not support the Chelsea Gardens/Coomungie urban release area for the same reason.
ATTACHMENTS
1. Map of Moss Vale and Chelsea Gardens/Coomungie Urban Release Area.
2. Letter from the Department of Planning & Environnent dated 19 May 2016
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13.5 Chelsea Gardens Coomungie Urban Release Area ATTACHMENT 1 Map of Moss Vale and Chelsea
Gardens/Coomungie Urban Release Area.
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13.5 Chelsea Gardens Coomungie Urban Release Area ATTACHMENT 2 Letter from the Department of Planning &
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ATTACHMENT 2
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13.5 Chelsea Gardens Coomungie Urban Release Area ATTACHMENT 2 Letter from the Department of Planning &
Environnent dated 19 May 2016
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13.6 Request from the Southern Highlands Global Association Inc for use of Council Logo
Reference: 1600/9 Report Author: Deputy General Manager Corporate, Strategy &
Development Services Authoriser: Deputy General Manager Corporate, Strategy &
Development Services Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE The Southern Highlands Global Association (SHGA) is proposing to investigate the establishment of an association with cities, towns, regions in Australia and overseas for the furtherance of the cultural, tourism, commercial and educational connections with the Wingecarribee Shire district. The SHGA are seeking Council’s approval to use Council’s logo on promotional material. The report recommends that Council support the request.
RECOMMENDATION THAT the request by the Southern Highlands Global Association to use Council’s logo on its published material and correspondence along with the statement “endorsed by Wingecarribee Shire Council” be supported.
REPORT
The SHGA made a presentation to a Councillor Information Session on 2 September 2015 where representatives of the Association explained what SHGA would like to do in promoting the Wingecarribee Shire and Southern Highlands generally to other like Associations in Australia and overseas. The promotion of the area can lead to many benefits to the local economy through tourism, cultural events and new industry setups. The Association’s main focus is promoting opportunities for events and cultural exchange.
Since the presentation in September last year, the SHGA has created a logo, has a website essentially developed, and print material ready to go to print. Prior to executing their promotional material, the Association is seeking Council’s formal endorsement to be able to include the Council logo and a statement “endorsed by Wingecarribee Shire Council” included.
The SHGA has confirmed that it would not make any approaches regarding proposed associations without referring the proposals to WSC for its approval. It has also confirmed that it will not imply any commitment by the Council to any financial support for any initiatives without prior approval of the Council. Further, the Association would welcome the participation of a Council staff representative on their Management Committee to ensure a close working relationship between WSC and SHGA.
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IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME
The approval for an Organisation to include Council’s Logo on their publications and the like has no impact on Council’s Fit for the Future Proposal. It is to be understood by SHGA that Council has made no financial commitment to its work or future proposals at this time.
CONSULTATION
Community Engagement
No community engagement required
Internal Consultation
Council’s Media and Communications Coordinator
Council’s Manager Economic Development
External Consultation
Representatives of the Southern Highlands Global Association Inc
SUSTAINABILITY ASSESSMENT
Environment
There are no environmental issues in relation to this report.
Social
There are no social issues in relation to this report.
Broader Economic Implications
The Southern Highlands Global Association will help to promote the Southern Highlands and Wingecarribee Shire Council throughout Australia and Overseas by linking up with other Global Association organisations. These relationships and promotions could provide short, medium and long term opportunities for Tourism and Economic Development for the Shire.
Culture
The Southern Highlands Global Association will help to promote the Southern Highlands and Wingecarribee Shire Council throughout Australia and Overseas by linking up with other Global Association organisations. These relationships and promotions could provide short, medium and long term opportunities for exchanging cultural heritage and events with other communities and countries.
Governance
A formal resolution of Council for Council’s logo to be used by another Organisation on their publications and the like is good governance
COUNCIL BUDGET IMPLICATIONS
There are no budget implications.
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RELATED COUNCIL POLICY
There are no related Policies.
OPTIONS
The options available to Council are:
Option 1
The request by the Southern Highlands Global Association to use Council’s logo on its published material and correspondence along with the statement “endorsed by Wingecarribee Shire Council” be supported.
Option 2
The request by the Southern Highlands Global Association to use Council’s logo on its published material and correspondence along with the statement “endorsed by Wingecarribee Shire Council” not be supported.
Option 1 is the recommended option to this report.
CONCLUSION
The ability for the SHGA to be able to include Council’s logo on its publications and the like will provide the Association the imprimatur to encourage and facilitate the consideration and responses from other Associations to attract them to the area for festivals, events, cultural exchanges, student exchanges and economic development into the future.
ATTACHMENTS
There are no attachments to this report. Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 3 June 2016
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PETITIONS
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COUNCIL MATTERS
16 PETITIONS
16.1 Petition 04/2016 - Our Village Our Future - Ratepayer Opposition to the Robertson "Information Kiosk"
Reference: 1890/3.4 Report Author: Group Manager Corporate & Community Authoriser: Deputy General Manager Corporate, Strategy &
Development Services Link to Corporate Plan: 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 The purpose of this report is to table a petition ‘Our Village Our Future’ – Ratepayer Opposition to the Robertson ‘Information Kiosk’. The petition was received on Wednesday 1 June 2016 with 72 signatures and lodged by Mr David Wallace. The petitioners object to the Our Village Our Future Robertson ‘seed funding’ project – Community Information Board. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.
RECOMMENDATION THAT Petition 04/2016 – Our Village Our Future – Ratepayer Opposition to the Robertson “Information Kiosk” - be received and the content of this report be noted.
REPORT
BACKGROUND Our Village Our Future Project – Robertson The Our Village Our Future (OVOF) program is a key community development initiative which aims to harness the passion, strengths, knowledge, interest and commitment of a community and assist them to deliver on agreed community priorities. OVOF targets people who want to help create and drive initiatives that enhance their towns. OVOF is also designed to bring small towns together to build their skills, share resources and help them ‘have a say’ in their community’s future.
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This project involves the identification of the community’s vision for the Village and harnesses the existing strengths of the community to develop tangible actions to achieve this vision. Seed funding of $20,000 is given to each nominated village to kick start the action plan. The OVOF project was piloted in Wingello and Balmoral during 2013/2014. Community Action Plans were developed with the communities for each village and projects identified for the ‘seed’ funding. These ‘seed’ projects have been successfully completed. The Action Plans for Wingello and Balmoral will be monitored periodically for completion of other actions identified in the Plans. Robertson and Hill Top were selected to participate in the final stage of the Our Village Our Future project. The project in Robertson commenced in March 2014 and is summarised as follows:
An initial stakeholders meeting attended by local groups to provide information about the project and encourage local support.
Preparation and distribution of a community survey which identified the assets and goals of the community and any areas where the community would like to see improvements within their village.
The reply paid survey was mailed out to all residents and land owners in the village and was also available to complete at key locations in the village and for completion online.
Survey results were analysed statistically and by themes and a first stage report was produced identifying the assets, areas for improvement and the key priorities for the community.
Results of the survey were also used to draft a preliminary vision.
A community workshop was held to confirm the vision for the community and to further discuss the priorities, ideas and suggestions identified in the survey. A final list of priorities and objectives was developed.
Using the feedback from the workshop the draft Action Plan was developed with actions for each objective, stakeholders and timeframes.
A second community workshop was held to present the draft Action Plan to the community for comments and corrections. At this workshop the development of the ‘seed funding’ project was discussed.
A number of actions identified in the draft plan list Council as a main stakeholder and so, where appropriate, these have been developed in consultation with internal Council staff and where possible, these actions list work Council will already be undertaking. The draft plan was also distributed to the relevant managers for feedback.
The Robertson Village Action Plan is due to be launched on Friday 17 June 2016. Notification of the Launch has been published and invitations have been sent. The
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launch of the Plan will signify the handing over of the Plan from Council (who facilitated its development) to the community for ownership and future management.
Overall the OVOF project in Robertson village has been a success for local village action planning and the partnership formed between the community organisations. Working Group – Seed Funding Project – Community Information Board The working group has been formed to plan and allocate the seed funding. The group is made up of representatives from the community with the design and construction of a Community Information Board being planned. This project will incorporate public art and provide information on the history of the village, local attractions, and walking tracks which will help to encourage tourists to explore the area. The project fits in some way into all of the objectives listed in the Plan and the overall community vision. The Robertson Shed has taken the lead role in the management of the project and endorsement to release the seed funding to this organisation to commence this project has been given. The budget for the project exceeds the seed funding allocated and grant applications and other plans to raise funds are being worked on by the group. OUR VILLAGE OUR FUTURE – ROBERTSON PROJECT TIMELINE March 2014 – Stakeholders meeting held in Robertson with representatives from local community groups and organisations to discuss the project. August 2014 – Our Village Our Future Reply Paid Survey delivered to all Robertson properties and publicly available at local facilities. September 2014 – Survey Closed. 30 October 2014 – 1st Community Consultation held. 15 October 2015 – 2nd Community Consultation held. 17 June 2016 – Launch of the Robertson Village Action Plan – Launch announcement and invitations sent.
ATTACHMENTS
There are no attachments to this report
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COMMITTEE REPORTS
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18 COMMITTEE REPORTS
18.1 Management and Advisory Committee Reports
Reference: 107/1 Report Author: S355 Committee Coordinator Authoriser: Manager Assets Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE
This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information:
1. Wingello Mechanics Institute Hall Management Committee held on Monday, 14 March 2016.
2. Bong Bong Common Management Committee held on Tuesday, 15 March 2016. 3. Penrose Hall Management Committee held on Wednesday, 16 March 2016. 4. Mittagong Memorial Hall Management Committee held on Thursday, 7 April 2016. 5. Mittagong Community Centre Management Committee held on Thursday, 21 April
2016.
RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Wingello Mechanics Institute Hall Management Committee held on Monday,
14 March 2016. 2. Bong Bong Common Management Committee held on Tuesday, 15 March 2016. 3. Penrose Hall Management Committee held on Wednesday, 16 March 2016. 4. Mittagong Memorial Hall Management Committee held on Thursday, 7 April
2016. 5. Mittagong Community Centre Management Committee held on Thursday, 21
2016.
ATTACHMENTS
There are no attachments to this report.
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18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
Reference: 107/16 Report Author: Strategic Planner - Heritage Authoriser: Acting Strategic Planning Team Leader/Coordinator Link to Corporate Plan: Foster and support diverse interest groups to harness the
skills, passion, time and commitment of community members and organisation, and to leverage effective participation
PURPOSE This report provides the Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016.
SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 5.2 Update on 23 Purcell Street, Bowral HC 15/16 THAT the report be noted and that Anne Mackay will advise whether there is a condition in the consent to allow the AGHS and the SHBG to remove plant material from the site before development commences. Item 5.3 Heritage Committee DA Referral Process HC 16/16 THAT the Committee notes that there is a need to refine the types of developments that are referred to it and for there to be greater consistency and requests that the Strategic Planner - Heritage draft a list of potential developments that should be referred to the Committee for discussion at the next meeting Item 6 General Business 1. 5 Church Street, Bowral HC 20/16 THAT the Committee will provide additional detailed comments to Anne Mackay to coordinate a response to the assessing officer by Wednesday 13 April 2016. 2. Proposed Listing of Berrima on State Heritage Register HC 21/16 THAT the Committee supports the preparation of a nomination of Berrima Village and surrounds to the State Heritage Register and requests the input of the community to assist in preparing the nomination.
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RECOMMENDATION THAT recommendations Nos HC 13/16 to HC 21/16 – as detailed in the Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016 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 Heritage Committee Meeting held on Friday, 8 April 2016
AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
ATTACHMENT 1 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
ATTACHMENT 1 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
ATTACHMENT 1 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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ATTACHMENT 1 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016
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COMMITTEE REPORTS
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18.3 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
Reference: 107/25 Report Author: Natural Resource Project Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE This report provides the Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016.
SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 5.2 Ellsmore Road Update ES 11/16 1. THAT the Committee endorses the replanting schedule for Ellsmore Road proposed in
this report. 2. THAT a media release be prepared in relation to what has been done with the
replacement of trees and protection of habitat on Ellsmore Road. 3. THAT the issue of ratio for the planting process and replacement and offset policy be
listed for the next Committee meeting. Item 5.3 2016/17 Community Assistance Scheme – Environment Project Funding Stream ES 1/16 THAT the Committee endorses the recommendations made in relation to the Environmental Project applications under the Wingecarribee Community Assistance Scheme. Item 5.4 Mount Gibraltar Greater Glider Population Management ES 13/16 1. THAT the report on Mount Gibraltar Greater Glider Population Management be noted
AND THAT the writer of the report be thanked for the excellent report. 2. THAT consideration be made by staff in relation to specific fauna habitat funding
stream AND THAT the matter be brought back to the Committee for consideration.
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Item 5.6 Agency Program Updates MN 15/16 1. THAT the Agency Program Update be noted. 2. THAT the Environment and Sustainability Committee endorse the need for a more in
depth consultation in relation to the proposed Local Land Services boundary adjustment AND THAT these representations include a Meeting with the Minister for Primary Industry.
3. THAT the Committee notes that there are a number of concerns around this matter
including:
funding for this area being lost in an attempt to prop up losses in the Greater Sydney Region
the potential loss of levels of services and the desire for a high level commitment that service levels will be maintained
importance of maintaining an office in Moss Vale
importance of LLS maintaining representation on Council’s Environment and Sustainability Committee
Item 5.7 Matters Arising from Council Meetings MN 16/16 1. THAT the update on Matters Arising from Council Meetings be noted. 2. THAT greater consideration be made at the flood study stage to incorporate future
proposed revegetation works on the floodplain into the flood model to assist Council and other stakeholders achieve improved environmental outcomes within the flood risk management process.
Item 6 General Business 1. Proposed Public Art MN 18/16 THAT in relation to the proposal on the concept of environmental public art works the Committee provides in principle support for consideration of the matter by the Arts & Culture Committee AND THAT if the project proceeds further it be brought back to the Committee for further consideration.
RECOMMENDATION THAT recommendations Nos ES 8/16 to ES 18/16 – as detailed in the Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016 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.
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COMMITTEE REPORTS
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ATTACHMENTS
1. Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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ATTACHMENT 1
AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.3 Minutes of the Environment & Sustainabilty Committee Meeting held on Wednesday, 20 April 2016
ATTACHMENT 1 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016
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COMMITTEE REPORTS
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18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
Reference: 1660/1.1 Report Author: Acting Community Development Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Foster community participation
PURPOSE This report provides the Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016.
SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 3.1 Assessment of Arts and Culture Related Applications to the 2016/17
Wingecarribee Community Assistance Scheme ACC 12/16 THAT the recommendations for funding in relation to Arts and Culture related Grant Applications with a High rating (10) and Donation Requests with a High rating (3) to the 2016/17 Wingecarribee Community Assistance Scheme be accepted AND THAT these applications and requests be referred to the Community Assistance Scheme Committee for final determination.
RECOMMENDATION
THAT recommendations Nos ACC 11/16 to ACC 12/16 – as detailed in the Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016 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. Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 8 June 2016
18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016
ATTACHMENT 1 Arts & Culture Committee Meeting Minutes of Monday, 2 May 2016
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QUESTIONS WITH NOTICE
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19 QUESTIONS WITH NOTICE
19.1 Question with Notice 07/2016 - Lehman Bros
Reference: 101/2 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
To: General Manager
From: Clr Juliet Arkwright
Received: 1 June 2016
Subject: Lehman Bros
Question:
Will the Deputy General Manager, Mr Barry Paull, please give Council an urgent update, in Closed Council, if required, as to the distribution of funds resulting from the successful legal case again Lehmans Australia.
Response:
An update on the status of this matter will be provided in Closed Council.
RECOMMENDATION THAT Question with Notice 07/2016 – Lehman Bros - be referred to Closed Council to provide an update to Councillors.
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NOTICES OF MOTION
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20 NOTICES OF MOTION
20.1 Notice of Rescission of Motion 04/2016 - Item 13.3 - Council Poll 2016
Reference: 100/5, 105 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE Councillors Garry Turland, Holly Campbell and Ian Scandrett have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT the following Motion passed by Council on Wednesday, 11 May 206 – being Item No 13.3 – Council Poll 2016 - Minute No 221/16 – be rescinded:
THAT Council not proceed with the Community Poll in conjunction with the 2016 Local Government Election seeking the community’s views on support for coal mining in the Shire.
RECOMMENDATION
Submitted for determination.
Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion:
THAT Council hold a community meeting in early June at the Civic Centre to explain the community poll proposal.
COMMENT FROM STAFF The intention of the original Motion was that the Community Poll would be held as part of the 2016 Local Government Election. Council has been advised that the NSW Electoral Commission would require final wording of the Council Poll question no later than 15 June 2016. A question has yet to be determined, and as such it would be difficult for Council to meet the NSW Electoral timeframes. In accordance with Section 14 of the Local Government Act 1993, Council can hold Community Poll at any time, as such a Poll could be held at a future date. A Poll held
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outside of the Local Government Election will cost significantly more. For instance, it was outlined in a report to Kiama Council on 7 March 2016 that the recent Poll conducted by Kiama Council was estimated to cost $70,000 - $80,000.
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NOTICES OF MOTION
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20.2 Notice of Motion 12/2016 - Village Walking Tracks
Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: 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 Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: 1. THAT a report be prepared on policy options relating to village walking tracks
using existing public road reserves, for consideration by Council. 2. THAT the report include:
(a) Action that Council could take to prevent the closure and sale of these public assets prior to evaluation for use as a local walking track.
(b) Establishment of local place-based working groups to foster the development and maintenance of the tracks.
(c) Consideration for the tracks to be low key with styles and marker posts for way finding.
RECOMMENDATION
Submitted for determination.
Preamble Recently we were briefed on proposed changes to legislation affecting Crown Road Reserves. These unformed road reserves were created at the time of the first subdivision of our district. I have been approached by residents who are interested in the establishment of local walking tracks in the vicinity of our villages and townships. The concept is to take advantage of existing Crown Road Reserves which may be suitable for this purpose. Many of these unformed public roads pass through attractive landscapes adjacent to our villages.
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These tracks need not be capital intensive. In fact, they are likely to be most attractive if minimal work is done to them. In support of this concept, it is noted that walking is the most popular of all recreational activities worldwide. The tracks could also develop into an important year round tourist attraction for our Shire. Given that we recently endorsed a Bike Path Strategy and flagged an interest in developing a walking track and trails policy, it may now be timely to commit to the process.
COMMENT FROM STAFF
It should be noted that Council administers the process for closure of unformed Council public roads under the Roads Act 1993. Council is also consulted as local authority in respect of proposed closures of unformed Crown roads under the Crown Lands Act 1989. All applications relating to the closure of Council roads, after internal review and consultation with relevant Council staff, are referred to Council for a decision. If in-principle approval is granted by Council, a road closure application is invited from the adjoining owner. Roads may be closed for public access with an easement granted over the land to give legal access to a neighbour or other affected party. Ultimately the Crown (Minister for Lands) approves all road closures, irrespective of whether the road is Council or Crown road. As per the Council Resolution of the 25 May 2016, Council is progressing the planning framework for sustainable transport to include a tracks and trails strategy. It is anticipated that initial planning will commence and external funding sought to engage a specialist consultant in 2016-2017. The aim of the tracks and trails strategy being to consolidate understanding surrounding community demand and economic and tourism outcomes, ownership tenures and legislative requirements, the identification, assessment and prioritisation of designated routes and an infrastructure toolkit providing best practice approaches to low-cost construction of tracks and trails. It is anticipated that the tracks and trails strategy will incorporate consideration of public road reserves, including unmade crown roads and potential village walking track links. The proposed tracks and trials strategy will provide sufficient information to enable Council to establish future potential policy positions and more immediately to respond to any applications received to extinguish existing unmade crown road reserves. Council will employ a place based consultation framework for stakeholder engagement as part of the drafting process and will acknowledge the opportunity to leverage the use of volunteers as part of the strategy. This project is not funded in the 2016/17 Budget, but currently sits in Council’s unfunded priorities list. Council staff will look at opportunities to look at grant funding where this project meets the criteria for such funding.
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NOTICES OF MOTION
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20.3 Notice of Motion 13/2016 - Accommodation for the Highlands Theatre Group
Reference: 100/4 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE Councillors John Uliana and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT a report be brought to Council for determination at its Meeting of Wednesday, 13 July 2016 in relation to the use of land adjacent to the Welby Hall adjacent to the oval to accommodate the Highlands Theatre Group.
RECOMMENDATION
Submitted for determination.
Preamble
Councillors are awaiting an information session to discuss and progress for using land adjacent to the Welby Hall adjacent to the oval to accommodate the Highlands Theatre Group.
COMMENT FROM STAFF A briefing session was held with Councillors on Wednesday 10 February 2016. The outcome of the session was that staff would arrange to meet with the representatives of Highlands Theatre Group and, in a future report, submit a concept design from the group which would include: 1. Dimensions, including height and area; 2. Proposed colours (to ensure visual amenity); 3. Details of proposed entranceway (the structure is be enhanced at the entrance so as
to be more palatable to neighbours etc). The relevant Council Staff met with representatives of Highlands Theatre Group (HTG) on Thursday 24 March on site. The representatives agreed to supply Council Staff with: a. Rendered images, showing the proposed siting of the shed, from both the Meranie
Street frontage and from the oval itself toward the street frontage. b. Approximate dimensions of the proposed shed – floor area and height – are required.
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c. A preliminary concept design of what the shed will look like from the street, including proposed entry, colours, etc.
A follow-up email was sent to HTG and a later response was received by Council advising that the group had almost completed all the necessary details of the project and have had the HTG committee agree with all the specifications. Subsequent to this email, rendered images were received from HTG, together with a detailed history on the establishment, background and operations of Highlands Theatre Group. However no concept plan with dimensions and detail had been received. An email was sent to HTG on 20 May 2016 following up on the concept design for the site. No response has been received. As at 2 June 2016, Council has not received the concept design from HTG.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
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NOTICES OF MOTION
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20.4 Notice of Motion 14/2016 - Vacant Land at Frankland Street, Mittagong
Reference: 100/4 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve
mutual trust and collaboration
PURPOSE Councillors John Uliana and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT consequent to Council’s previous resolutions, the vacant land at Frankland Street, Mittagong, being a site area of 6.7 hectares including a commercial component of 2.3 hectares adjoining Mittagong Market Place, etc, be put to public auction during July 2016.
RECOMMENDATION
Submitted for determination.
Preamble
That market testing and campaign preparation have taken place for the sale of Frankland Street and staff had confirmed that the property is ready to sell. The sale of the land will ensure proceeds are applied to the loan for the Moss Vale War Memorial Pool.
COMMENT FROM STAFF Council has now received the final report from the consultants (CBRE), and a report will be provided to the meeting of 22 June 2016.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
Wednesday 8 June 2016
CLOSED COUNCIL
Page | 126
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.
AGENDA FOR THE ORDINARY MEETING OF COUNCIL
Wednesday 8 June 2016
CLOSED COUNCIL
Page | 127
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 Question with Notice 07/2016 - Lehman Bros
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)(e) as it contains information that would, if disclosed, prejudice the maintenance of law and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.
Brief description Question: Will the Deputy General Manager, Mr Barry Paull, please give Council an urgent update, in Closed Council, if required, as to the distribution of funds resulting from the successful legal case again Lehmans Australia.
2. THAT the minutes of the Closed Council part of the meeting (being the
Council’s resolution) be made public.
Ann Prendergast General Manager Friday 3 June 2016