Business Paper
Ordinary Meeting
Venue: Administrative Headquarters Civic Place Katoomba
Meeting: 7.00pm 24 February, 2015
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ORDINARY MEETING
24 FEBRUARY 2015
AGENDA
ITEM PAGE SUBJECT COMMENTS NO.
PRAYER/REFLECTION (and Recognition of the Traditional Owners, the Darug and Gundungurra People)
APOLOGIES
CONFIRMATION OF MINUTES
Ordinary Meeting held on 27 January 2015
DECLARATIONS OF INTEREST
MINUTE BY MAYOR
1 17 Blue Mountains DLEP 2013 proposed R6 residential character zone Attachment x 1
2 21 Request for Blue Mountains Business Awards Sponsorship
REPORT(S) BY GENERAL MANAGER
3 25 Confidential Business Paper - Councillor Nominated Representative - Blue Mountains Lithgow and Oberon Tourism Board
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ITEM PAGE SUBJECT COMMENTS NO. PROVIDING GOOD GOVERNMENT
4 29 Six Month Report and Quarter 2 Budget Review Statement Enclosure x 1
5 32 Performance of Invested Monies for January 2015
6 38 Draft Policy "Approvals Process for Events and Activities at Echo Point Look-out" Attachment x 1
7 54 Council's Hardship Relief Policy and other forms of assistance for Low Income and Pensioner ratepayers Attachment x 1
8 63 Community Assistance Donations/Recommendation by Councillor
LOOKING AFTER PEOPLE
9 65 Public Memorials
10 70 Tumour Terminators Team - City 2 Surf Community Event
11 72 Arts and Cultural Policy Framework
12 74 Flying the Rainbow Flag during the 2015 Sydney Gay and Lesbian Mardi Gras Festival Attachment x 1
13 77 Blue Mountains City of the Arts Trust - Assessment Panel for recruitment of new members
USING LAND
14 79 Confidential Business Paper - Review of Tenders for Springwood Town Centre Masterplan
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ITEM PAGE SUBJECT COMMENTS NO. 15 80 Development Application No. X/805/2014 for an in-ground swimming pool and surround tile deck on Lot 13 DP 831008, 29 Falkland Close, Winmalee Attachments x 2
16 98 Development Application No. X/1091/2014 for additions to the existing tennis clubhouse to provide accessible toilet and ancillary office on Lot 196 DP 28572, Lennox Park, 29-39 Matthew Parade, Blaxland Attachments x 2
17 116 State Environmental Planning Policy No.1 (SEPP) Variations Attachment x 1
MOVING AROUND
18 120 Yellow Rock Link Road - Outcome of Public Consultation
NOTICES OF MOTION
19 129 Mowing Schedule for Blaxland War memorial park
20 130 Dog Off-lease at Leura Oval
PRECIS OF SELECTED CORRESPONDENCE
21 133 Precis of Selected Corespondence Attachments x 9
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THE COUNCIL MEETING
The following information has been taken directly from the Blue Mountains City Council Code of Meeting Practice 2013 using corresponding section numbers, and should be used to assist the public in participating in the Council’s decision making process. To obtain the full version of Blue Mountains City Council Code of Meeting Practice, please visit the Council website, Council Libraries or contact Blue Mountains City Council.
1.1 PUBLIC ATTENDANCE AT MEETINGS Everyone is entitled to attend meetings of the Council and those of its Committees of which all the members are Councillors, except in the limited circumstances set out in 1.8 below. The Council has a responsibility to ensure that such meetings are open to the public.
1.3 PUBLIC NOTICE OF MEETINGS The Council gives public notice of all scheduled Council meetings in the Blue Mountains Gazette newspaper each Wednesday. This information is also available on the Council’s website at address www.bmcc.nsw.gov.au.
1.6 PARTICIPATION IN THE COUNCIL MEETINGS 1.6.1 Public Access Members of the public are welcome to address the Council on any items of business in the Business Paper other than the Unconfirmed Minutes,(except at the discretion of the Mayor), Minutes by the Mayor, Rescission Motions, Councillor Reports, Questions with Notice, Responses to Questions without Notice, Responses to Questions with Notice, Notices of Motion (including Rescission Motions), the Précis of Correspondence and Matters of Urgency. A “Guide to Public Speakers” will be available at each meeting.
Members of the public may make representation to, or at a meeting, before any part of the meeting is closed to the public as to whether that part of the meeting should be closed. The representations may be made by addressing the Council at the meeting (see also Section 1.8.1 of this Code).
Members of the public must remain behind the roped barrier in front of the Councillors seating at all times. Councillors must enter the Public Gallery when speaking with members of the public. No communication with the Councillors is permitted once the meeting commences.
Those wishing to address the Council must register with the Council Administration Officer present in the Council Chamber prior to the commencement of the Meeting. Speakers may register from 6:30 to 6:55 pm.
Registrations may be also be made prior to the Meeting by completing the on- line Registration form and emailing or faxing the form to Executive Services staff.
The following details are to be completed on the Registration form: • Name; • Address; • Organisation (if applicable); • Item on business paper to be addressed;
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• A clear statement as to whether the person is for (supports) or against (opposes) the recommendation or proposition as printed in the business paper; and • Interest of speaker (as affected neighbour or as applicant or applicant’s spokesperson, or as interested citizen).
If, due to exceptional circumstances, a member of the public is unable to complete a registration form prior to the commencement of the meeting, that person must speak to the Council Administration Officer and the Mayor will determine if the speaker can address the item.
Members of the public will not be able to address the Council on a particular item after the business on that item has been completed
Only persons who have completed the Registration form and clearly indicated their intention to speak for or against a recommendation or proposition in the business paper may address the Council. Speakers who do not speak in accordance with their stated intention shall forfeit the right to continue speaking.
The Council encourages members of the public to present their views to meetings in order that the Council deliberations may be better informed. An opportunity to speak will be afforded to persons representing a diverse range of views and opinions in preference to hearing the same view stated repeatedly or sequentially. Organisations may be restricted in number of speakers.
1.6.2 Protocol for public speakers Up to 3 speakers for each opposing viewpoint will be permitted to address the Council. On development applications, the applicant (or a spokesperson) will be permitted a final 3 minute address. In selecting other speakers, preference will be given to neighbours who would be affected by the proposal, whether favourably or unfavourably.
If more than 3 persons wish to speak on each of the differing views on an issue, they register through lodging a completed form with the Council staff. The Mayor or Chairperson will determine the number of speakers to be heard and may on occasions put a procedural resolution to the Council to increase the number of speakers.
If the number of persons requesting to speak exceeds the number the Council has nominated, the Mayor shall invite persons to voluntarily withdraw, and if necessary, the Council staff will conduct a draw to determine the speakers. The draw provides that, on development applications, the speakers shall include the applicant (or a spokesperson) as above, and at least one neighbour for and one against the recommendation. Where necessary, a separate ballot will be conducted to determine the two neighbour speakers.
Public speakers are restricted to three (3) minutes. No extensions of time will be granted.
All speakers must state their name and address, organisation (if applicable), and interest in the issue before speaking.
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Presentations and questions should be made or put courteously and concisely, and without hectoring. Councillors will observe the same courtesies while members of the public are addressing the Council.
Personal allegations against Councillors and/or staff may not be made. A member of the public making such allegations forfeits forthwith the opportunity to address the Council. The Mayor shall insist that an offending speaker cease speaking. Councillors may ask questions of speakers at the conclusion of their address.
Those in the public gallery shall not ask questions of members of the public addressing the Council or otherwise canvass issues in a public way.
Special arrangements apply when members of the public wish to make representations to the Council on the question of whether or not part of the meeting should be closed to the public. Where an agenda includes notice that an item of business is likely to be considered in closed session, the following procedure will be followed: (a) any person may make written representations to the General Manager up to the time of commencement of the meeting; (b) any person who wishes to make verbal representations at the meeting must follow the procedures set out above for registering with the Administration Officer and for addressing the Council; (c) after a motion proposing to close part of the meeting to the public has been moved and seconded, the Chairperson will ask the General Manager to read out any written representations; (d) the Chairperson will then invite members of the public to address the Council. After three speakers have spoken in favour of the proposal and three against, the Chairperson will ask the Council to indicate by a show of hands whether the majority of Councillors present are satisfied that the range of views has been sufficiently canvassed. If the vote is in the affirmative, the motion to close part of the meeting will be put to the vote; and (e) in the event that the Council disagrees with the recommendation of the General Manager to discuss an item in closed session and no motion to that effect is forthcoming, the Chairperson will announce that representations from the public will not be needed.
If it becomes apparent during a meeting that a matter should be considered in a closed part of the meeting, the Council can consider such a motion notwithstanding that notice has not been given in the agenda. In such cases, time will permit neither the registration of speakers nor written representations. However, the Chairperson will invite members of the public to address the Council and the procedure set out in (d) above will be followed.
1.7 SOUND RECORDINGS BY THE PUBLIC Unless the Council otherwise resolves, no recording equipment, excepting the official recording system, may be used to record the proceedings at meetings of the Council or its Committees. This prohibition applies to tape recorders, video cameras and any electronic devices including mobile phones or notebook computers capable of recording speech.
A person may be expelled from a meeting for using a recording device in contravention of the above. (See Clause 3.10).
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1.7.1 Mobile Phones All mobile phones in the Chamber and Public Gallery are to be turned off or switched to silent/vibrate. Failure to do so may be treated as an act of disorder.
1.7.2 Photography in the Council Chambers Photographers are permitted to take photos in the Council Chambers by prior approval, on the condition that the press respects people’s right not to be photographed if they do not wish to be.
1.7.3 Use of a Computer Technology The use of notebook computers are permitted to be used during the meeting so long as a person does not use the device for recording the proceedings and uses the power outlets available at the rear of the Chamber. The use of notebook computers should not affect nor disrupt other members of the public including making noise so as the public cannot hear the discussions in the chamber.
Councillors are reminded that use of their iPad during Council Meetings should be for purposes of debate and the rules of debate apply.
1.8 MEETINGS CLOSED TO PUBLIC 1.8.1 General Section 10A of the Local Government Act, 1993 provides that the Council or a Committee may close part of a meeting to the public. The Act states:
“10A(1) A Council, or a Committee of the Council of which all members are Councillors, may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2); or (b) the receipt or discussion of any of the information so listed.
(2) The matters and information are the following: (a) personnel matters concerning particular individuals; (b) the personal hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret; (e) information that would, if disclosed, prejudice the maintenance of law; (f) matters affecting the security of the Council, Councillors, the Council staff or the Council property; (g) advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
(3) The Council, or a Committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.” The grounds on which part of a meeting is closed to the public will be specified in the decision to close the meeting and recorded in full in the minutes of the meeting. The grounds will specify:
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(a) the relevant provision of Section 10A(2) which applies; (b) the matter that is to be discussed during the closed part of the meeting; (c) the reasons why that part of the meeting is being closed to the public indicating whether it is being closed for preservation of confidentiality, privilege or security (this does not apply to personnel matters concerning particular individuals, or the personal hardship of a resident or ratepayer or a trade secret); and (d) an explanation of the way in which discussion of the matter in open meeting would, on balance, be contrary to the public interest.
For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, the Council will regard the following as irrelevant: (a) a person may misinterpret or misunderstand the discussion; or (b) the discussion could cause embarrassment to the Council, a Committee, Councillors or staff or cause a loss of confidence in the Council or a Committee.
When considering, at a meeting closed to the public, a motion to close another part of the meeting as provided under Section 10A(3) of the Local Government Act, the Council will not consider any details of the matter concerned other than whether or not it constitutes one of the grounds for closure specified in Section 10A(2).
The Council may close part of a meeting to the public notwithstanding that notice has not been given in the agenda only in the following circumstances:- (a) It becomes apparent that the matter is one of those specified in Section 10A(2) as grounds for closure; and (b) The Council considers representations by the public as to whether or not the meeting should be closed; and (c) The Council resolves that discussion on the matter should not be deferred because of its urgency and should take place while the meeting is closed to the public.
In accordance with Section 10B of the Local Government Act, a meeting will remain closed only so long as necessary to preserve the relevant confidentiality, privilege or security of the matter concerned, but only for such portion of the debate on an item as is necessary to preserve confidentiality, privilege or security. In all cases other than personnel matters concerning particular individuals, the personal hardship of residents or ratepayers, or a trade secret, the meeting will not remain closed unless the Council is satisfied that discussion of a matter in open meeting would, on balance, be contrary to the public interest.
A member of the public is not entitled to be present at part of a meeting which has been closed in accordance with Section 10A of the Act. A resolution passed at a closed meeting or part of a meeting must be made public by the Chairperson as soon as practicable after the meeting or part of the meeting has ended.
The Council will at all times keep principles of open and transparent governance and the public interest in mind when discussing closure of meetings to the public.
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1.8.2 Representations by the public on closure of part of meeting In accordance with clause 252 of the Regulation, the Council is required to give members of the public the opportunity to make representations as to why part of a meeting should be closed.
There are two mechanisms for achieving such representation: a) By registering to speak to the Business Paper calling for the item to be heard in Confidential Session (see Section 1.6); OR b) Following a resolution of the Council to close the meeting to the public, the Chairperson will call for members of the public to make representations as to why the meeting should be closed.
In either of these circumstances the representation by a member of the public will be limited to 3 minutes.
3.9 MAKING DECISIONS - RULES OF DEBATE
3.9.1 Standing to Address the Council Any Councillor or member of the public (unless physically disabled or elderly) must stand to address the Council. This does not apply to the Mayor or Council officers and may not apply during Committee meetings.
A Councillor who is unable to stand to address the Council due to a physical impairment or ill-health should notify the Chairperson prior to the meeting commencing.
4.1 EFFECT OF RESOLUTIONS Once a motion has been passed, it becomes a resolution of the Council and the General Manager must ensure that it is implemented without undue delay as required by Section 335(1) of the Act.
However, a resolution of the Council will not be implemented for a period of two days after the meeting at which a motion has been passed to allow time for rescission motions to be lodged. Thereafter action necessary to give effect to the Council decision must be commenced immediately to avoid excessive delay in implementation. (See also 4.3 below, “Limits on when/how often Decisions can be revisited”).
Each Business Paper shall include a public notice of the Council policy that decisions of the Council will not be implemented until the third day after a meeting, or until after any notices of rescission have been dealt with. The Council decisions should not therefore be acted upon until officially communicated in writing.
There is no time limit on the lodgement of a Rescission Motion. Until a resolution of the Council is “carried into effect” - meaning that irrevocable steps have been taken to implement the resolution - a Rescission Motion may be lodged.
However in the case of approvals of building or development applications, once the applicant has been formally advised of the Council’s decision the approval or consent may not, in the absence of clear statutory authority (s. 109 LGA 1993 or s.9 E&PA Act) be rescinded or altered.
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4.2 DEVELOPMENT APPLICATIONS – MATTERS FOR CONSIDERATION When determining a development application the Council is required to take certain matters into consideration. These must be relevant to the development application under consideration. These considerations are detailed under s. 79C (1) (Matters for consideration – general) of the Environmental Planning and Assessment Act 1979 and are reproduced below:
79C Evaluation (1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: (a) the provisions of: (i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iii) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, and (e) the public interest.
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MINUTE BY MAYOR
MINUTE BY MAYOR Item 1, Ordinary Meeting, 24.02.15
ITEM NO: 1
SUBJECT: BLUE MOUNTAINS DLEP 2013 PROPOSED R6 RESIDENTIAL CHARACTER ZONE
FILE NO: F08562 - 15/23112
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendations:
1. That the Council notes the advice from the Minister for Planning and Environment the Hon Pru Goward, acknowledging the need to closely consider the inclusion of a new zone, R6 Residential Character, in the Standard Instrument,
2. That the Council expresses its concern that the consideration of the case for this new zone has not yet commenced notwithstanding that the Council submitted the detailed evidence-based submission on 20 October 2014;
3. That the Council seeks some expression of support from the NSW Government for the concept of R6 Residential Character zone and undertakings given by previous Ministers to deliver the required outcomes;
4. That Council urgently seeks the support of the Hon. Stuart Ayres MP, Member for Penrith and Mrs Roza Sage MP, Member for Blue Mountains to secure those undertakings from the Government; and
5. That the Council write to the owners of the land that is identified as a deferred matter because that land is within the proposed R6 Residential Character zone, to advise them of the status of the matter.
Mayoral Minute
Reason for report This report brings to the Councils attention the most recent communication from the State government on DLEP 2103 and recommends that the Council make representations to Minister for Planning and Environment the Hon Pru Goward, seeking some expression of support for the concept of the proposed R6 Residential Character zone.
Background As part of translating the Blue Mountains Local Environmental Plans into the Standard Instrument, the Council has identified a need for a new zone, the R6 Residential Character Conservation zone. The need for that new zone has been supported strongly by the community, both in the creation of the original LEP 2005 Living Conservation zone, and then in its expression within DLEP 2013 as the proposed R6 zone.
The Department of Planning has acknowledged that there is no equivalent zone under the Standard Instrument.
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The Council was unanimous in its support for the R6 zone and has made a number of submissions regarding the need for its inclusion. Those submissions have received some qualified support from Government along with undertakings to give close consideration to the proposal for a new zone.
On 20 October 2014 the Council submitted the detailed case for the R6 zone to the Minister and the Department of Planning, in order that formal consideration could commence in a timely way. More recently representations have also been made seeking engagement by the Department with the Council as part of that analysis.
On 28 November 2014, the Council submitted the full Planning Proposal and draft Plan for finalisation.
Letter from The Hon Pru Goward Minister for Planning On 6 February 2015 the Minister for Planning the Hon. Pru Goward wrote thanking the Council for the letter concerning draft BMLEP 2013 and the proposed inclusion of a new R6 Residential Character zone. A copy of the letter is attached to the Mayoral Minute.
In brief, the Minister notes in that letter that the Council has resolved to defer the non- standard R6 zone to allow the Department to undertake the necessary comprehensive consideration of the proposal.
The Minister supports the Council’s decision to recommend deferral of the proposed zone noting that the R6 is a major deviation from the standard instrument format and there would be broader implications across the state if it is introduced.
However the Minister also notes
I have been advised that the Department has now received Council’s comprehensive justification from Council about the need for a new R6 Residential Character zone. I have asked the Department to look into this matter once the draft Plan is made, and to continue working with Council to consider all options available
Comment Whilst an acknowledgement by the Minister of the need for a full consideration of the proposed R6 zone is welcomed, it is troubling that that consideration of that case is being deferred until after the draft Plan is made.
The necessity for such a delay is not inherent in the DLEP process and will cause ongoing and unnecessary uncertainty for our community.
The Minister’s letter appears to infer that the matter has been raised late in process of achieving translation to the Standard Instrument.
This Council identified the issue early in the preparation of the DLEP and commenced putting the case for the R6 zone to the previous Minister nearly 2 years ago. The Department also acknowledged early that there is no equivalent zone within the Standard Instrument. The Department similarly acknowledged that a new zone was simpler than any other mechanism that they have thus far been able to postulate as an alternative approach.
As noted by the Minister, it is the case that there would be implications for other Councils, however, in discussions with the previous Minister that was identified as a potential advantage because of the inadequate and unresolved management by the Standard Instrument of the residential character issues has been identified by other Councils and acknowledged within both the Green and White Papers dealing with the Planning reforms.
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The NSW Government has very recently made a number of press statements, acknowledging that the special characteristics of the Blue Mountains are such as to warrant its exclusion from the Metropolitan Urban Area as defined by the metropolitan strategy ‘A Plan for Growing Sydney’ and that the unique charm and character of the villages of the Blue Mountains are important local values that underpin the visitor economy. This is an encouraging sign that there is support and recognition from the State Government of the need to manage development in an appropriate way that protects those character values.
It is proposed that the Minister be requested to advance the detailed consideration of the need the R6 zone and ahead of that, to reiterate the undertakings of support for the concept and of a suitable residential character zone and an agreement to deliver the required outcomes.
This would be consistent with previous undertakings given by successive Ministers and Senior Departmental figures that maximum flexibility would be accorded to Blue Mountains in securing a translation of the current planning instruments into the Standard Instrument template and that flexibility extended to the willingness to incorporate additional zones into the Standard Instrument.
The Department was instructed to give close consideration to the creation of a new residential character zone with a view to facilitating that outcome unless a simpler, more effective alternative could be developed. No such alternative has been presented to the Council for consideration and the Council should again seek an explicit statement from the Government to this effect ahead of the NSW election.
ATTACHMENTS/ENCLOSURES
1 Correspondence from the Hon Pru Goward MP, Minister for 15/24985 Attachment Planning
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Attachment 1 - Correspondence from the Hon Pru Goward MP, Minister for Planning
- 20 - MINUTE BY MAYOR Item 2, Ordinary Meeting, 24.02.15
ITEM NO: 2
SUBJECT: REQUEST FOR BLUE MOUNTAINS BUSINESS AWARDS SPONSORSHIP
FILE NO: F08562 - 15/25884
Delivery Program Link Principal Activity: Sustainable Economy Service: Economic Development and Tourism
Recommendation:
That the Council approves the request for sponsorship of the Blue Mountains Business Awards for 2015 for the amount of five thousand five hundred dollars excluding GST to be allocated from the 2014-15 balanced budget and reconciled at the next quarterly report.
Mayoral Minute
Reason for report The Council has been approached by Blue Mountains Regional Chambers (BMRC) to sponsor the 2015 Blue Mountains Business Awards. There is currently no budget allocation for the business awards and the consideration and approval of the Council to allocate the funding and budget variation is required.
Report The Council has been requested on an annual basis each year for some time to sponsor the BMRC business award. The Council since the establishment of the Blue Mountains Economic Entity (BMEE) has jointly funded the sponsorship of the awards on a fifty-fifty basis with the total sponsorship in the order of $11K plus GST.
There has never been any formal arrangement or agreement for the Council to provide sponsorship. There is therefore no budget allocation. The Council through one of its adopted six strategies for financial sustainability achieves a balanced budget each year. Should the Council determine to support the sponsorship request for the 2015 awards then funds will need to be found from the current 2014-2015 budget.
The sponsorship of the business awards is considered yet another way for the council to demonstrate its support for economic development and business within the City. For that reason I request the Council to consider the recommendation that the Council supports the allocation of $5,500 excluding GST for 2015 with the understanding that that amount of revenue will have to be found from within the existing Council budget and reconciled at the next quarterly budget review.
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REPORTS BY GENERAL MANAGER
REPORT(S) BY GENERAL MANAGER Item 3, Ordinary Meeting, 24.02.15
ITEM NO: 3
SUBJECT: CONFIDENTIAL BUSINESS PAPER – COUNCILLOR NOMINATED REPRESENTATIVE - BLUE MOUNTAINS LITHGOW AND OBERON TOURISM BOARD
FILE NO: 15/16403
Recommendations:
1. That Item 3 in the Business Paper be deferred for consideration until all other business of this meeting has been concluded; and
2. That the Council close part of the Council Meeting for consideration of Item 3 in the Confidential Business Paper - Councillor Nominated Representative - Blue Mountains Lithgow and Oberon Tourism Board pursuant to the provisions of Section 10A(2) (d i) of the Local Government Act 1993, as the report contains and discussion is likely to involve:
(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Report by General Manager
Reason for report This report is in response to the Mayoral Minute of the 27 January 2015 and in particular resolution 5 for the Council to consider the approach to a replacement Nominated Council Representative (NCR).
The report considers and recommends an interim position given the conclusions drawn from the current assessment by the Council’s independent advisers Lower Russell and Farr.
This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.
The matter to be dealt with relates to Councillor Nominated Representative - Blue Mountains Lithgow and Oberon Tourism Board and involves discussion of commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so.
In this case, the reason for closing that part of the meeting to consider Item 3 in the Confidential Business Paper is that the report includes, and discussion is likely to involve commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
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OFFICERS REPORTS
PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 24.02.15
ITEM NO: 4
SUBJECT: SIX MONTH REPORT AND QUARTER 2 BUDGET REVIEW STATEMENT
FILE NO: F08736 - 15/5973
Delivery Program Link Principal Activity: Civic Leadership Service: Corporate Planning and Reporting
Recommendations:
1. That the Council notes and endorses this report together with the enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement”; and
2. That the variations of income and expenditure as identified in the enclosure be noted and endorsed.
Report by Group Manager, Integrated Planning & Finance:
Reason for report The Council provides progress reports on implementing the Delivery Program and Operational Plan as follows: • Budget review statement (quarterly); • Delivery Program progress report (6-monthly); and • Annual report including audited financial statements.
This report provides the legislatively required Delivery Program six monthly progress report and quarterly budget review statement for Quarter 2 of 2014-2015 (as at 31 December 2014), in accordance with Integrated Planning and Reporting requirements under the Local Government Act, 1993.
The purpose of Quarterly / Six-Monthly Reports is to: • Meet legislative requirements (transparency and accountability); • Provide a practical assessment of how the Council is tracking overall – whether we are delivering against our annual commitments on time and within budget; and • Demonstrate results / achievements and to formally document any issues that arise that impact on service delivery commitments.
The separately provided enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement” provides more detailed information.
Quarter 2 Service Highlights 2014-2014 Refer to page 4 of the Enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement” for the summary of service highlights for Quarter 2 of 2014-2015.
Quarter 2 Advocacy / Issues to Note 2014-2015 Refer to page 10 of the Enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement” for the summary of advocacy / issues to note for Quarter 2 of 2014-2015.
Six-Month Delivery Program / Operational Plan Progress Overall, the Council is performing well in delivering its 2014-2015 commitments as follows: • 100% of Major Project milestones for 2014-2015 are on track; • 100% of the Asset Works Program is on track; and • 95% of other Operational Plan actions are on track.
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Quarter 2 Budget Position 2014-2015 The following information details the budget review statement to the end of December 2014 in accordance with the requirements of the legislation. The Division of Local Government requires that a council’s Quarterly Budget Review Statement will: • Provide fair and reasonable information to Councillors and the community in respect to the budget; • Report on the impacts of any recommended changes with respect to the Operational Plan including potential impact on goals, objectives and strategies contained in the plan; and • Indicate how a council is tracking against its original budget as set out in its Operational Plan.
The information presented below, combined with the information provided in the enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement”, meets these requirements.
Working Capital Result An analysis of actual results and revised projections as at December 2014 Quarter has resulted in a forecast working capital position of $1.735M at 30 June 2015. The reason for the decline in working capital is the cost of funding the 2014 Council by-election. The original 2014-2015 adopted budget working capital as at 30 June 2015 was $1.85 million.
The optimum level of working capital for the Council has previously been identified in the range of $1.7 million to $1.8 million, which represents the industry standard to allow for stores and the provision of core debtors. Subject to the Council adopting the recommended variations, the estimated effective working capital of $1.735 million is within the optimum range and is considered a satisfactory position.
The following reconciliation illustrates the projected Working Capital position as at the 30 June 2015 review.
Projected Working Capital Position by 30 June 2015 Actual Working Capital Result – 1 July, 2014 $1,846,000 Original Budget 2014-2015 Forecast Improvement in Working Capital $0 September 2014 Review $0 December 2014 Review -$110,563 Revised Estimated Working Capital Result – 30 June 2015 $1,735,437 Refer to the separate enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement” for more detailed information on the Council’s budget position as at 31 December 2014.
Asset Works Program Summary The following Table provides information on the overall 2014-2015 Asset Works Program funding and expenditure status as at 31 December 2014. It also details the percentage of projects on track or completed as at the end of Quarter 2. 2014-2015 Asset Works Program funding and expenditure status as at 31 December 2014 Total annual 2014-2015 budget* $24,186,717 Total Dollars spent as at 31 December 2014 $10,538,150 Expenditure Percentage to date** 44% Percentage of projects on target or completed 100% (including Major Project milestones with a capital component)** * Includes funding carried over from 2012-2013, recommended / adopted variations and capital funding for Major Projects. Excludes IT assets and plant and equipment. ** Projects that have been rescheduled or withdrawn have been excluded from this calculation.
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Notes: • As this is a 12 month program, detailed design works are generally completed in Quarters 1 and 2 and the majority of construction activity occurs in Quarters 3 and 4.
Please refer to the separate enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement” for more detailed information on each of the Council’s Asset Works Program projects.
Sustainability Assessment Effects Positive Negative Environmental Highlights progress of environmental actions for the Nil organisation and the City. Social Highlights progress of social actions for the Nil organisation and the City. Economic Highlights progress of economic actions for the Nil organisation and the City. Governance Provides transparent information to the community on Nil how the Council is tracking against its delivery of major projects, the Asset Works Program, Operational Plan actions and how the Council is tracking financially.
Financial implications for the Council An analysis of actual results and revised projections as at December 2014 Quarter has resulted in a forecast working capital position of $1.735M at 30 June 2015. The main reason for the decline in working capital is the cost of funding the 2014 Council by-election. The estimated effective working capital of $1.735M is within the optimum range and is considered a satisfactory position.
Legal and risk management issues for the Council As at the end of Quarter 2, there are no legal or risk management issues in relation to the Council’s 2014-2015 Operational Plan.
External consultation No external consultation was undertaken in the preparation of the report.
Conclusion In conclusion, the Council is performing satisfactorily and overall meeting service delivery targets.
It is recommended that the Council endorse this report together with the enclosure “Six Month Report 2014-2015 and Quarter 2 Budget Review Statement”.
ATTACHMENTS/ENCLOSURES
1 Enclosure - Six-Month Report and Quarter 2 Budget 15/23858 Enclosure Review Statement 2014-2015 - FINAL PDF
* * * * * * * * * *
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ITEM NO: 5
SUBJECT: PERFORMANCE OF INVESTED MONIES FOR JANUARY 2015
FILE NO: F08562 - 15/15675
Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management
Recommendations:
1. That the Council receives the report on the performance of invested monies for January 2015; and
2. That the Council notes the certificate of the Responsible Accounting Officer.
Report by Group Manager, Integrated Planning & Finance:
Reason for report This report on the performance of invested monies for the month of January 2015 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the BMCC Investment Policy.
The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under the Council Circular 11-01 on 17 February 2011.
Council Investment Portfolio Analysis The Council’s investment strategy is to invest in Authorised Deposit taking Institution (ADI’s) term deposits with the four major banks and their subsidiaries, including St George which is part of the Westpac Group and Bankwest which is part of the Commonwealth Bank of Australia Group. A maximum of 45% of the investment portfolio is invested with any individual bank. The interest returns from these conservative term deposit investments are currently at relatively low interest rates. This investment strategy will continue to be applied to the Council’s short to medium term investments and therefore the interest returns will be lower than the returns in previous years.
The Schedule of the Council Invested Monies for January 2015 is provided at Table 1. Funds held in investments have decreased by $4.3M from the previous month due to a seasonal outflow of cash. Cash inflows were normal for the time of year (i.e. cash received was not at a peak as rates instalment payments were not due in the month of January).
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(Table 1) SCHEDULE OF INVESTED MONEY - JANUARY 2015 Institution & Fund Maturity Original Current Rate Funds Held - Funds Held Change Comment Date Rating Rating Valuations -Valuations Fr om Previous Previous Month Month At Call & Term Deposits:- NAB Professional Funds at call n/a n/a 2.45% 70,413 3,366,145 -3,295,732 Cashflow withdrawal ANZ Bank 12/03/2015 A-1+ A-1+ 3.63% 4,000,000 4,000,000 0 No movement ANZ Bank 16/04/2015 A-1+ A-1+ 3.64% 3,000,000 3,000,000 0 No movement ANZ Bank 14/05/2015 A-1+ A-1+ 3.71% 1,000,000 1,000,000 0 No movement ANZ Bank 21/05/2015 A-1+ A-1+ 3.67% 3,000,000 3,000,000 0 No movement ANZ Bank 5/06/2015 A-1+ A-1+ 3.59% 2,500,000 2,500,000 0 No movement National Aust. Bank 8/07/2015 A-1+ A-1+ 3.50% 3,000,000 4,000,000 -1,000,000 Partial withdrawal Balance re-invested National Aust. Bank 7/04/2015 A-1+ A-1+ 3.50% 1,500,000 1,500,000 0 No movement National Aust. Bank 11/06/2015 A-1+ A-1+ 3.50% 1,500,000 1,500,000 0 No movement Westpac 11/02/2015 A-1+ A-1+ 3.55% 3,000,000 3,000,000 0 No movement Westpac 10/03/2015 A-1+ A-1+ 3.62% 2,000,000 2,000,000 0 No movement Westpac 11/03/2015 A-1+ A-1+ 3.62% 4,000,000 4,000,000 0 No movement Macquarie Cash Mngt. at call AAA A-1 2.50% 48,003 47,902 101 Interest re-invested Bank Notes, CDO & FRN:- 0 Aphex (Glenelg) AA- CCC- 4.76% 3,607 3,607 0 Valuation June 2013 Lehman CPPI AA- D 0.00% 0 0 0 Valuation zero due to Collateral Body MAS6-7(Parkes) AAA CCC- 4.67% 78 78 0 Valuation June 2013 Totals 28,622,101 32,917,732 -4,295,631
Notes: The bank notes, CDO's & Fixed Rate Notes (representing 0.01% of total investments) are at risk of default and have been valued accordingly.
Balances as at 29 January 2015.
Interest Income Interest income is projected to be under budget for 2014/15. This is due to term deposit interest rates being lower than expected. Prior to considering a budget variation in Q3, every effort will be made to identify savings or additional income to offset this budget deficit. Interest income for 2014/15 is forecast to be approximately $1.1M, which is $100K less than the previous year and $250K less than the 2014/15 Budget. Investment returns are above the current 90 day Bank Bill Swap Rate (BBSW) albeit less than budgeted. The BBSW is the benchmark rate for market interest rates. Interest returns are summarised in Table 2.
(Table 2) Interest Income Accrued - Budget vs. Actual Actual YTD Budget Variation Income to 31 January 2015 649,103 794,815 -145,712 Estimated for remainder of year 463,983 568,271 -104,288
Total for 2014/2015 1,113,086 1,363,086 -250,000
90 Day Bank Bill Swap Rate 2.75% Average Term Deposit Rate of Return for January 2015 3.60%
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Table 3 provides a breakdown of the Council’s investment portfolio by investment category. Nearly all of the Council’s investments are held in term deposits with the four major banks.
(Table 3) Investment Categories Cash at Call 0.41% Term Deposits 99.57% Collateralised Debt Obligations 0.01%
Chart 2 provides a summary of the Council’s investment portfolio by financial institution. 47% of all investments are with ANZ bank, which has been consistently offering the highest term deposit rates in recent times. Due to seasonal cashflow withdrawalsrom the f NAB Professional Fund, the proportion of funds invested with ANZ has temporarily increased above the maximum of 45%, as guided by the investment strategy. No additional funds will be invested with ANZ bank until their proportion of total investments declines.
Chart 3 provides a comparison of the Council’s investment balances compared with previous years. The investment balance at 31 January 2015 is $1.1M higher than the same time last year. This demonstrates effective management of cash, as there have been significant cash
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outflows, as planned, that have been well managed, in relation to the delivery of the Council’s Asset Works Program.
Chart 3 Investment Balances 2012/13 to 2014/15 40
35 Millions 30
25
20
15
10 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Month 2012/13 2013/14 2014/15
Loan Position Council resolved on 11 December 2012 that this report include a statement of the Council’s loan position.
The Council’s Loan Balance Outstanding as at 30 June 2014 was $58.7 million. It is anticipated that at the end of June 2015 the loan balance will be $57.8 million as a result of loan principal repayments, approved debt reduction and new borrowings that will occur for the year 2014/15. The Council is targeting to further reduce the planned borrowings for 2014/15 by utilising reserves and using debt reduction savings. Importantly, the Council’s Long Term Financial Plan projects the Council’s total loan balance to decrease to $16.8M million in the 2024/25 financial year, which aligns with the Council’s Six Strategies for Financial Sustainability – Strategy 3 – Manage Borrowings Responsibly (refer Graph below on Council’s Total Borrowings Outstanding).
Table 3 provides a summary of the Council’s current loan position.
Table 3 Loan Position Loan Debt Balance as at 30 June 2014 58,690,472 Principal repaid to 30 June 2015 -2,444,129
56,246,343 Proposed borrowings in accordance with Council's adopted 6 Point Financial Strategy: 2014/2015 Operational Plan borrowings 4,579,000 Less reserve funds allocated to debt reduction -700,000 Less Principal Repayments for Remainder of 2014/2015 -2,342,871 Balance as at 30 June 2015 57,782,472
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The Council’s Debt Service Ratio financial performance indicator (i.e. the degree of revenue from continued operations committed to the repayment of debt) is within the Office of Local Government’s acceptable benchmark level of less than 10%. Nevertheless the Council has developed a Long Term Financial Plan with a strategy (Strategy 3 – Manage Borrowings Responsibly) to cease future loan borrowings and reduce existing debt. Implementing such a strategy is fiscally responsible as it allows the Council to further strengthen our financial capabilities and ensure we address our financial challenges.
Council on track with Long Term Strategy to Manage Borrowings Council resolved at the 2013/14 Quarter 3 Budget Review Report to allocate $700,000 surplus operating funds to a reserve for debt reduction. An $800,000 surplus in the 2013/14 Quarter 4 Budget Review Report was also placed in reserve for debt reduction and management of risk during 2014/15.
Going forward, the Council will further reduce debt earlier where possible and implement an annual review of borrowings. No new borrowings from 2014/15 are planned unless: • The cost of the debt is funded from sufficient income or cost saving generated by the project; • Financially responsible subsidised loan funding is available (e.g. LIRS funding); • Any proposed new borrowing is supported by a comprehensive business case; or • The borrowing relates to deferred asset works carried forward from a prior period as resolved by the Council.
The ‘Total Borrowings Outstanding’ graph below: • Displays the Council’s projected Loan Balance Outstanding from 2014/15 to 2024/25 based on the Council’s Long Term Financial Plan; • Indicates that the total loan balance is forecast to decrease from $58.5 million in the 2014/15 year to $16.8M million in the 2024/25 financial year; and • Demonstrates the planned results of the implementation of the Council’s financial sustainability Strategy 3 – Manage Borrowings Responsibly.
The projected loan balance may be subject to change should the Council make planned financially responsible new borrowings.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Nil Nil
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Financial implications for the Council The adoption of the report recommendations has no immediate impact on the financial position of the Council, but the report does fulfil the Council’s financial reporting requirements. The revenue performance and security (risk management) of the investment portfolio can have a significant bearing on the Council’s current budgeting processes and long term financial planning.
The Council manages all its investments in compliance with the Ministerial Investment Order, Local Government legislation and the Council’s Investment Policy. The principal objective is the preservation of capital, liquidity and the return on investment with consideration given to prudent investment principles.
Legal and risk management issues for the Council There are no legal or risk management issues or any operational or commercial risks associated with the adoption of the report recommendations.
Council has a prudent and conservative strategy to invest in term deposits with the four major banks and their subsidiaries, including St George which is part of the Westpac Group and Bankwest which is part of Commonwealth Bank of Australia Group. Council has assessed future projections of term deposit interest rates and expects interest income to be lower in the short to medium term compared to previous years. Council’s investment strategy and long term financial plan are set to manage the risk of reduced investment returns.
External consultation Nil
Conclusion The Schedule of Invested Monies Report for January 2015 is submitted to comply with the Local Government (General) Regulation 2005 (clause 212) and the Local Government Act 1993 (Section 625).
Significantly, the Council has a healthy balance of $28.6M in investments which underpins and supports the Council’s financial sustainability. Any assessment of the Council’s debt position needs to take this into consideration. Council’s $28.6M investments as at January 2015 are placed in term deposits and at call accounts with the four major banks and these investments earn the Council over $1.0M per annum that is used to fund Council services. The majority of this investment funding however, is restricted for special purposes such as grants and contributions.
The Council’s loan balance is projected at $57.8M as at 30 June 2015, which is on target with the strategy to reduce debt. The Council is committed to implementing its Six Strategies for Financial Sustainability over the next 10 years, which will significantly reduce outstanding borrowings to $16.8M by 2024.
Certification of the Responsible Accounting Officer I hereby certify that the investments listed in the report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investments Policy.
Neil Farquharson * * * * * * * * * *
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ITEM NO: 6
SUBJECT: DRAFT POLICY "APPROVALS PROCESS FOR EVENTS AND ACTIVITIES AT ECHO POINT LOOK-OUT"
FILE NO: F09161 - 14/249015
Delivery Program Link Principal Activity: Civic Leadership Service: City-Wide Strategic Planning
Recommendations:
1. That the Council notes the submissions received and the amendments proposed to the Draft Policy “Approvals process for Events and Activities at Echo Point Lookout” made in response to the submissions received;
2. That the Council adopts the Policy “Approvals Process for Events and Activities at Echo Point Lookout” as attached;
3. That the Council monitors implementation of the Policy “Approvals Process for Events and Activities at Echo Point Lookout” and reviews this in 2 years;
4. That the Council endorses that further investigation is undertaken into costs for the establishment of the weight loading capacity of the Echo Point Platform, and into preparation of an Event Risk Assessment to inform guidelines for organisers of potential events and activities; and
5. That the Council endorses that further consultation is undertaken with Blue Mountains Economic Enterprise to clearly define what might be considered acceptable as an “Iconic Event” and that, subject to this consultation, a further report is brought to the Council.
Report by Acting Director City & Community Outcomes:
Reason for report This report provides a summary of the public exhibition of the draft Policy “Approvals Process for Events and Activities at Echo Point Lookout” (draft Policy). The draft Policy was placed on public exhibition for a period of 28 days, from 19 November to 17 December 2014, and submissions were received up to 15 January 2015. Three submissions were received, and a summary of these and suggested amendments to the Draft Policy are outlined in the body of this report. A copy of the proposed final Policy “Approvals Process for Events and Activities at Echo Point Lookout” is also attached.
Background The Policy has been prepared to provide clear direction for the use of Echo Point Lookout for events and filming, and to maintain the primary purpose of the Lookout area for full publicly accessible viewing experiences at all times, day and night.
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At the Ordinary Meeting of the Council on 11 November 2014, it was resolved;
1. “That the Council endorses the Draft Policy “Approvals Process for Events and Activities at Echo Point Lookout” for placement on public exhibition for a period of 28 days seeking comment, and that notice of the exhibition period is sent to appropriate local, regional and state government and tourism organisations; and
2. That the Council assesses all submissions lodged on the Draft Policy “Approvals Process for Events and Activities at Echo Point Lookout”, and the Council receives a report with recommendations for any appropriate amendments to the Draft Policy in February 2015.” [Minute No. 1215]
Echo Point Lookout is a premier international tourist destination and it is one of the most visited sites in Australia. As it has a high profile, it is also regularly requested as a venue to stage both public, private, commercial and not for profit events; to conduct activities such as advertising and promotion; and for the installation and display of artworks and performances. Many of these requests have the potential to seriously conflict with the primary purpose of the Lookout, compromising the visitor experiences upon which its reputation is built.
Echo Point is recognised as being a place of special significance for Aboriginal people and provides a viewing platform and public entry to the adjoining Three Sisters Aboriginal Place as declared on 17 January 2014 under the National Parks and Wildlife Act (NPWS Act).
Status of Echo Point Reserve Echo Point Lookout is part of the Echo Point Crown Reserve (R 10028680) reserved for Public Recreation and Tourist Facilities and Services, as defined by the Crown Lands Act 1989. The purpose of the reserve is defined as being primarily for tourism use, with a lesser use for recreation. The entire reserve is made up of Echo Point Lookout and Lilianfels Park. Blue Mountains City Council is the Trust Manager.
Key Applicable Legislation and Policy: The proposed Policy conforms to relevant legislation, in particular: • Crown Lands Act which governs the management and use of the Reserve, and under which the Plan of Management for Echo Point Reserve (PoM) has been adopted; • Statutory Planning Policy including LEP 2005 and Draft LEP 2013, which recognise and seek to protect the environmental, recreational and special escarpment values of the precinct, and also recognise its location within an existing residential area; • NPWS Act, which recognises the special significance of the wider area to Aboriginal people; • Blue Mountains City Council Aboriginal Cultural Protocol, which recognises the role of the traditional owners of the area and advises on respectful use and recognition of this role in the context of the special significance of the platform area and adjoining Three Sisters Aboriginal Place to Aboriginal people; • Blue Mountains City Council Local Approvals Policy which regulates certain activities in public places and includes special references to Echo Point precinct; and • Blue Mountains City Council Filming Guidelines.
Submissions Received: Three submissions were received on the draft Policy: one being from a property and business owner adjacent to Echo Point Platform, one from NSW Police, and one from Blue Mountains Economic Enterprise (BMEE); comments are summarised in the table below.
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Response to Submissions: The submissions have been assessed and amendments proposed as outlined below. Matter raised in submission Proposed Amendment to Policy We are supportive of this (Policy) on It the is not expected that there would be more premise that a maximum amount of 6 events than 6 events a year, as events are restricted occur in any twelve month period. to Significant Civic Events, Iconic Events and Official Visits. There have been very few Civic Events and Official Visits in the past, and the amended Policy would permit a maximum of 2 Iconic Events per annum.
It is proposed that the application and success of the Policy is monitored, and reviewed after 2 years. I seek to confirm that emergency servicesThe Policy is amended to explicitly exclude response/emergency services trainingappropriate emergency response and activities are excluded from the Policy, and if emergency services training activities. not, request that they are. The draft policy could offer greater flexibility It is recognised that there could be to provide the opportunity for a opportunities wider for Echo Point to host a small definition of events to be held at Echo Point number of suitable high profile events in without compromising the addition special to those currently proposed. significance of the place. The draft policyHowever it is recognised that Echo Point as acknowledges Echo Point asan event an venue is highly constrained, and it “internationally recognised and is iconic recommended that these events are destination” but effectively prohibits restricted any in number and frequency. It is also events being held that would leverage upon recommended that formal approval by the this iconic status, provide internationalCouncil is required in order to ensure that exposure and drive the competitiveness ofthey maintain the iconic values of Echo Point the Blue Mountains. as a destination, and respect the significant cultural values of the precinct. Submission recommends that the policy include an additional definition to broadenIt is recommended that the Policy is the scope of events that may be considered amended to include “Iconic Events” and that at Echo Point …that “Iconic Events” the be definition of an Iconic Event for the purpose of this Policy is: added to the policy. Suggestions to assist categorise this type of event are: ICONIC EVENT: an event which has Council, • One that does not occur very often; and NSW Government and/or Australian • Has BMCC and/or State / Federal Government support, as well as full support government support; from Blue Mountains tourism and economic • Would drive visitation to the Blue bodies, being BMLOT, BMATA and BMEE. Mountains; Iconic Events for the purpose of this Policy • Provide national and international media are considered to be those which exposure for the Blue Mountains. demonstrate the unique qualities of the Blue Mountains region; respect the cultural values An additional event category such as the one of the location; raise the profile of the Blue proposed allows BMCC the flexibility to Mountains as a tourist destination both approve events that provide unparalleled nationally and internationally; and are able to exposure for the Blue Mountains without be staged while maintaining access to the compromising the special significance of the viewing platform for casual visitors. There will site. be a maximum number of 2 (two) Iconic Events permitted each year. Charity related community events will not be considered to be Iconic Events for the purpose of this policy.
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Iconic Events: As outlined above, Blue Mountains Economic Enterprise (BMEE) has lodged a submission seeking inclusion of a further category of permissible event being “Iconic Events”. In development of the draft Policy much consideration was given to the use of this term, and in light of the submission further consideration has been undertaken.
An iconic event is usually a recurring event which develops a memorable, high profile reputation, and is of a size and scale that it will attract large numbers of people from outside the region, and attract a high level of media coverage for both the event and the location. Queensland and Western Australia government guidelines state that for iconic events audiences are generally upward of 10,000 people. Destination NSW provides advice and support to significant events and describes the key elements of a significant (or iconic event) as having:
Economic Impact This is the ability of an event to drive new spend and/or future investment in NSW as a direct result of the event being held in the State. The key factors assessed are: • the anticipated number of interstate and international participants, spectators, officials and/or other visitors who will travel specifically for the event; • their average length of stay; and • their estimated daily expenditure.
Strategic and Marketing Impact This refers to the event’s effectiveness in driving marketing outcomes for Sydney and NSW including, but not limited to: • what the event says about the location of the event; • the nature and size of the event audience; how the event delivers the destination marketing strategies already in place for the location of the event; • how the event may raise or create awareness of NSW expertise in an area; and • the overall media impact achieved via domestic and international media coverage.
Community Impact This refers to the event’s capacity to positively engage large and diverse sections of the community and generate community pride. This may include: • the opportunity for the local community to participate in the event; • giving residents of NSW the opportunity to up skill in various industries; • positively engaging the local business community; and • ensuring the involvement of the community at large through volunteer programs.
Constraints to Staging Iconic Events at Echo Point The capacity of Echo Point to host either an exclusive or non-exclusive “iconic” event is limited by many factors including: • Appropriateness and compatibility of the proposed event with the significant cultural values of the area; • Current zoning on site limits entertainment to small portion of the overall platform. N.B. the zoning is proposed to be amended in LEP 2013 whereby entertainment would be permissible on the entire platform; • Need to maintain access to the views from the platform for ad hoc visitation to the lookout, day and night, limits the capacity of an event; • Echo Point is popular in the evening as the Three Sisters are flood lit at night; • Events time for set up and pull down: this would normally include a day either side of an event during which time open public access to the precinct would be affected;
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• The size and weight loading capacity of the viewing platform and adjoining road verge limits the overall size of audience and supporting infrastructure including stage (audience capacity estimated at 1000 -1500, depending upon the type of event); • Steep drop-off from platform; • Multiple access points into site; • Proximity to residential area and requirements to limit disturbance to local residents; • Limited parking in the precinct; • Limited access roads to the site for access and emergency evacuation arrangements mandate special arrangements to be made; • The local weather is unpredictable and often severely limits visibility both on the platform and out from the platform. Blanketing fog and low lying cloud, and high winds and electrical storms are a regular phenomenon in the locality, including throughout summer time. This could potentially compromise event success, increase set up costs, and in some instances could compromise participant safety.
In order to maintain the reputation of Echo Point as a significant destination to view the Blue Mountains World Heritage Area, by day and night, it is important to carefully maintain compatibility of activities in the precinct.
As outlined above Echo Point Platform has many constraints for staging an event, and these constraints limit both the type and size of potential events as well as imposing requirements for higher levels of management than may not apply to other event venues which are currently or potentially available in the upper mountains. For this reason it is recommended that the Council continues to direct requests for all events other than those which clearly meet the requirements of a Significant Civic or Significant Iconic Event, to more suitable venues within the City.
Sustainability Assessment Effects Positive Negative Environmental The Policy seeks to retain the Nil environmental values of the area and present these in an appropriate fashion for all visitors to the precinct. Social The Policy seeks to maintain free and The Policy does not support open access for all people to the site approval of the frequent requests at all times. The restrictions on events from charities, community groups follow a tradition which has been in and marketing companies, place for many years, and seek to commercial event organisers to ensure minimal disruption to local hold events and promotions at residents, and to visitors to the Echo Point Lookout. These precinct. activities seek to leverage against the reputation of the precinct. However, there are alternate locations which are suitable to hold these events and activities, and this advice has been conveyed to applicants and successfully enacted in the past.
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Effects Positive Negative Economic Echo Point Lookout is an Partial or full restriction of access internationally recognised tourist for the public to the viewing attraction, and the retention of this platform and the associated reputation has great value to the viewing experience due to events tourism industry and economy of the and activities would seriously Blue Mountains region. Continuation detract from the expected tourism of free and open access for all visitors experience of the Blue Mountains to Echo Point Lookout and Three for independent visitors, and tour Sisters precincts is critical to groups with this a key part of their continuation of this good reputation. tour itinerary. Governance The Policy provides guidelines for Nil approval of appropriate activities and events at this premier tourism location.
Financial implications for the Council This Policy seeks to formalise event approval practice and procedures. Prior to approving events on the Platform it would be necessary for the weight loading capacity of the Lookout Platform to be confirmed, and a full risk assessment of the site for events undertaken. This work has not been costed at this stage. As Council is the manager of the site it would be prudent for Council to undertake these assessments in order to inform detailed guidelines for event organisers and confirm minimum risk expectations for their respective risk management plans for the use of the area. In the interim it is recommended that a risk assessment and, where applicable, engineering certification of the weight loading of the Platform is required as a component of any event application received for the site.
Legal and risk management issues for the Council The Policy seeks to guide the provision of information and the processing of applications for proposed events and activities at Echo Point Lookout. Without a formal policy in place there have been some difficulties experienced by staff in explaining the current management of the precinct with certain applicants. As outlined in the financial implications above, it would also be prudent to confirm the weight loading capacity of the Platform, and undertake a risk assessment for events in order to provide guidelines for potential event organisers.
There are no further risk issues associated with adoption of the Policy.
External consultation The draft Policy was on public exhibition for a period of 28 days, from 19 November to 17 December 2014, and submissions were received up to 15 January 2015. It is recommended that further consultation be undertaken with BMEE to more clearly define what might be considered acceptable as an “Iconic Event”, and that subject to this consultation, there may be a further report brought to the Council seeking further amendment of the Policy.
Conclusion It is recommended that the Council note the submissions received and the amendments proposed to the Draft Policy ”Approvals Process for Events and Activities at Echo Point Lookout” made in response to the submission received, and that the Council adopts the Policy “Approvals Process for Events and Activities at Echo Point Lookout” as attached. The implementation of the Policy is to be monitored for 2 years and that a report on the outcomes of this trial period is then to be brought back to the Council.
In order to ensure risks to events are minimised it is also recommended that further investigation is undertaken into costs for the establishment of weight loading capacity of the
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Echo Point Platform, and preparation of an Event Risk assessment to inform detailed guidelines for potential events and activities.
Finally, it is recommended that further discussion is undertaken regarding the range of potential “Iconic Events” which may be proposed for the precinct and it is recommended that further consultation is undertaken with BMEE to more clearly define what might be considered acceptable as an “Iconic Event”. Subject to this consultation, a further report may be brought to the Council seeking amendment of the Policy.
ATTACHMENTS/ENCLOSURES
1 Draft Council Policy for APPROVALS PROCESS FOR 15/18667 Attachment EVENTS AND ACTIVITIES ECHO POINT LOOKOUT
* * * * * * * * * *
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Attachment 1 - Draft Council Policy for APPROVALS PROCESS FOR EVENTS AND ACTIVITIES ECHO POINT LOOKOUT
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ITEM NO: 7
SUBJECT: COUNCIL'S HARDSHIP RELIEF POLICY AND OTHER FORMS OF ASSISTANCE FOR LOW INCOME AND PENSIONER RATEPAYERS
FILE NO: F08561 - 14/250092
Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management
Recommendation:
1. That the Council notes how the current Hardship Relief Policy and other forms of assistance, noted in this report, proactively address genuine hardship experienced by any ratepayer, including low income and pensioner ratepayers;
2. That the Hardship Relief Policy will be reviewed and brought back to the Council in June 2015 to coincide with SV2; and
3. That the Council, in partnership with Local Government NSW, continues to advocate for an increase in the Pensioner Concession Rebate.
Report by Group Manager Integrated Planning and Finance:
Reason for report At the Ordinary Meeting of the Council on 9 December 2014, it was resolved:
“That the Council receives a report on the Council’s Hardship Relief Policy and any other relevant policy for the purpose of identifying options to ensure that ample consideration is extended to low income and pensioner ratepayers.”
[Minute No: 1254]
This report responds to Item 1 of Minute No. 1254, providing an outline of the Council’s current Hardship Relief Policy and other forms of assistance provided by the Council that proactively address hardship experienced by ratepayers, including low income and pensioner ratepayers.
Background The levying of rates and charges is governed by legislative requirements of the Local Government Act 1993 (the Act) which the Council is compelled to comply with. However, the Council is able to also use a range of discretionary provisions within the Act that enable assistance to ratepayers experiencing genuine hardship. One such provision allows the Council to have a Hardship Relief Policy. The current Hardship Policy was adopted by the Council in June 2010 (see Attachment 1).
The Council takes a pro-active approach to addressing assessed genuine financial hardship experienced by ratepayers from time to time. Key mechanisms used by the Council include: • Hardship Relief Policy; • Pensioner Concession Rebates;
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• Specific Negotiated Arrangements to Pay; • Adjustments to Accrued Interest; • Aged and Disability Support Services; and • Referral to Free Financial Advisory Services and support agencies such as St Vincent De Paul and the Salvation Army.
These Council relief measures, detailed below, assist ratepayers experiencing short and long term hardship.
Context It is important to give context to the level of financial hardship currently being experienced by ratepayers in respect to the payment of Council rates and charges. The following statistics provide some measure of assessment of this:
Proportion of Overdue Rate Accounts - 2013/2014 Financial Year Number of ratepayer accounts 35,738 Number of ratepayer accounts paid up to date 32,732 (92%) Number of ratepayer accounts overdue 3,006 (8%) (Overdue amounts from 1 cent - $30,000) Number of ratepayer accounts overdue and referred for legal recovery 562 (1.6%)
As highlighted above, of the 8% of ratepayers with overdue rate accounts, the vast majority are resolved through the receipt of subsequent rate instalment notices or reminder letters, as often our ratepayers have just overlooked the rate instalment due date for payment and are not experiencing rating related financial hardship.
Special Consideration and Financial Hardship Applications Section 564 of the Act provides the Council with the option to accept payment of rates and charges due and payable in accordance with an agreement made with a ratepayer. A ratepayer experiencing longer term hardship, that is financial relief required for greater than 12 months, is actively encouraged by Council staff to complete a Special Consideration Application (for financial relief for a period of 12 to 18 months) or a Financial Hardship Application (for financial relief for a period of 18 to 24 months).
Where required, Council staff actively assist ratepayers in completing Hardship and Special Consider Applications. This assistance is available to any one requesting support in completing the forms and generally taken up by elderly ratepayers or by ratepayers with mental illness and their guardians. Ratepayers are offered this assistance in a variety of ways including an invitation for them to complete the application at Council offices with the assistance of Revenue staff and in some circumstances Council staff have assisted ratepayers in their own homes if required. Where it is necessary for a guardian or support person to be present, Council staff work to ensure this occurs.
Each case for special consideration or hardship is unique and council staff review the financial circumstances in detail to assess capacity to pay. Agreements are authorised by the Chief Financial Officer and Revenue Coordinator, on a case by case basis.
Over the past 7 years from 2008/2009 to 2014/2015, an average of 16 Special Consideration Applications have been received per annum. 100% of these applications have been approved by the Council.
Over the past 7 years from 2008/2009 to 2014/2015, an average of 7 Financial Hardship Applications have been received per annum. 96% of these applications have been approved by the Council.
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Performance against Local Government Benchmark Targets for Debt Recovery The Graph below shows that the amount of outstanding total rate revenue (known as the Debt Recovery Ratio) has declined from $2.4M in 2002/2003 to $2.3M in 2013/2014. This is in the context of overall rates collectible for the City increasing from $36.1M to $60.9M per annum over the same period. This data indicates that the capacity of residents to meet outstanding rate debt commitments has been improving over time, supported by the implementation of the range of relief measures detailed below.
7.00% 10 Year Debt Recovery Ratio
6.50%
6.00%
5.50%
5.00%
4.50%
4.00%
3.50% 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14
BMCC Ratio DLG Recommended BMCC Trend
Hardship Relief Policy The Local Government Act 1993 requires relief to be given under a Hardship Policy that recognises ratepayers may at times encounter difficulty in the payment of rates and charges due to exceptional circumstances.
The Council has identified that financial difficulty could arise from different avenues, including a change in a ratepayer’s circumstance, which can result in them being unable to meet their rates and charges financial obligations. The Blue Mountains City Council Hardship Relief Policy adopted by the Council in June 2010, provides the framework to be followed in providing assistance to those residential and farmland ratepayers who are experiencing genuine financial difficulty in paying their annual rates and charges.
Relief may be granted by the Council agreeing to a payment arrangement with the ratepayer, which is less than that required, to pay the annual rates and charges in full by 30th June of the rating year. The balance of the rates and charges remaining unpaid will accrue on the land and interest penalties at the statutory rate will be charged on the overdue amounts.
All ratepayers with approved Hardship Applications are required to make regular payments. The amount and frequency of these payments will be agreed with the individual ratepayers based on the information provided on their individual applications, which enables the Council to assess the ratepayer’s capacity to pay the overdue rates.
Hardship relief can only be approved for a maximum period of five (5) years and an application must be resubmitted at the end of each five (5) year period. A resubmitted
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application does not guarantee automatic approval and will be subject to the usual review, as over time the ratepayer’s circumstances may have changed.
Special Consideration Applications are also granted for a shorter period of time, with residents being encouraged to make weekly, fortnightly or monthly payment arrangements in line with their household income cycle and budget.
Both the Hardship Relief and Special Consideration Application forms are used to gather information on income and outgoings to enable accurate assessment of the ratepayer’s circumstances and are based on the Local Government of NSW instalment order application.
Copies of the Hardship Relief and Special Consideration Applications are attached to this report in Attachment 1.
Other Legislation The Local Government Act 1993 (the Act) also allows the Council to provide assistance to ratepayers under the following sections of the Act.
Pensioner Concession Rebates Pensioner rates and charge concessions are available under Sections 575-584 of the Act. To receive the concessions, an eligible pensioner must apply to Council for a reduction in the ordinary rates and charges for domestic waste management of up to 50 percent, provided this does not exceed $250 (Section 575).
An “eligible pensioner” is defined as being a person in receipt of a pension, benefit or allowance under Chapter 2 of the Commonwealth Social Security Act 1991 or a Service Pension under Part 3 of the Veterans’ Entitlement Act 1986 of the Commonwealth and who is entitled to a Commonwealth Pensioner Concession Card (PCC Card) as prescribed by Clause 134 of the Local Government (General) Regulation 2005 (NSW).
Pensioner Concession eligibility confirmation checks are undertaken on a quarterly basis. Where a ratepayer becomes eligible for a Pensioner Concession Card during the course of a rating year, a pro rata rebate will be applied dependent on the number of remaining quarters. Rebates may also be extended to those ratepayers who have become eligible pensioners and who are in receipt of a PCC Card during a preceding rating period but have not been aware of their eligibility for a pensioner concession rebate. In these circumstances rebates are backdated for a period of up to two (2) rating years if and when it can be verified that the pensioner was in receipt of a PCC Card during this time frame.
Rebates may also be extended to ratepayers under Section 577 of the Act where it is deemed that a ratepayer fulfills the necessary criteria of being in receipt of a PCC Card, occupying a dwelling and being jointly liable for the rates and charges with an eligible pensioner, if it is considered proper to do so.
The Local Government Act does not provide for the deferral of pensioner rates and charges, apart from the provisions for a formal agreement for periodical payments.
Of significant note, is the fact that the Pensioner Concession Rebate has not been indexed by the Federal Government since around 1993, albeit that Blue Mountains City Council and most NSW councils have advocated for some level of increase to keep pace with inflation. It is therefore recommended that the Council, in partnership with Local Government NSW, continues to advocate for an increase in the Pensioner Concession Rebate.
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Arrangements to Pay Section 564 of the Act provides the Council with the option to accept payment of rates and charges due and payable in accordance with an agreement made with the person and also to write off or reduce interest accrued on rates and charges, if the person complies with the agreement. Arrangements to Pay are considered for financial relief for a period of less than 12 months and are considered on a case by case basis.
The Council currently has around 140 active Arrangements to Pay in place for ratepayers with rates and charges outstanding, that are being managed on a regular basis.
Council accepts weekly, fortnightly or monthly payment arrangements regardless of the status of a rates account as such a flexible service can assist ratepayers manage their household budgets. That is, it does not matter whether an account is overdue or not. Ratepayers are encouraged to pay in line with their household income cycle.
As Direct Debit offers ease of payment and convenience, over 2,400 ratepayers currently use this method for the payment of their annual rates and charges.
Aged & Disability Support Services In order to assist ratepayers experiencing difficulty with the management of outstanding rates and charges, the Revenue Section also maintains a close working relationship with other Council Divisions including the Aged & Disability Services Development Officer. Difficulties that may be encountered include mental health, physical disabilities and cognitive issues.
Ratepayers are referred to Council’s Aged and Disability Support Services should it be identified they are experiencing difficulty in accessing assistance or dealing with other issues relating to their property including payment of rates. These may include squalor/hoarding and health and safety issues.
By working closely with the Aged & Disability Services Development Officer, appropriate strategies are put in place to support and assist ratepayers, but also ensure any recovery action is managed on a case by case basis considering individual circumstances and capacity to pay.
Following this course of action allows for arrangements to pay to be entered into by ratepayers experiencing difficulty and avoids the imposition of additional costs in the form of legal charges which will incur a minimum cost of $362.60.
Referral to Free Financial Advisory Services and other Agencies Council’s Revenue Officers also have direct telephone numbers for free financial advisory services and for various agencies (e.g. Salvation Army) providing support to residents in need. These details are passed onto ratepayers if it is deemed appropriate.
Open communications are maintained with these service organisations and any payment plans negotiated are flexible to ensure that ratepayers are able to maintain the individual agreements.
Sustainability Assessment: Effects Positive Negative Environmental Nil Nil Social Council’s Hardship and other policies provide Nil Councilors’ and Council Officers with a consistent framework to ensure low income and pensioner ratepayers are provided with the necessary assistance to meet their rating commitment.
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Effects Positive Negative Economic Nil Nil Governance The policies support Council’s decisions in ensuring a Nil pro-active approach to residents experiencing genuine assessed hardship and that care, skill and diligence is exercised in the recovery of Council funds where required, as well as compliance with financial and governance requirements.
Financial implications for the Council Council has a responsibility to the Blue Mountains community to recover monies owing to it in a timely, efficient and effective manner to fund operations and ensure effective cash flow management. This is particularly important given that just under half (49%) of the Council’s total annual revenue is derived from rate payments.
The options that have been outlined ensure that all community members, including low income and pensioner ratepayers, are treated fairly and equitably with respect to the recovery of outstanding rates and charges.
Legal and risk management issues for the Council Nil
External consultation Nil
Conclusion The proactive policies and procedures that the Council currently has in place to support ratepayers experiencing genuine hardship, provide a transparent decision making framework that ensures all ratepayers, including low income and pensioner ratepayers, are treated in a fair and equitable manner.
These policies and procedures would also support ratepayers experiencing hardship as a result of any approved additional special rate variation or annual rate peg increases.
The Hardship Relief Policy is due for review in 2015 and will be brought back to the Council in June 2015.
The Council will continue to work with Local Government NSW to advocate for an increase in the Pensioner Concession Rebate.
ATTACHMENTS/ENCLOSURES
1 Hardship Relief Policy (070610) 10/83107 Attachment
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Attachment 1 - Hardship Relief Policy (070610)
POLICY: Rates and Charges – Hardship Relief Policy
STATUS: ADOPTED ADOPTED: 12.10.2010 LAST REVISION: 7.6.2010 TRIM REF.: 10/083107 ISSUED BY: Finance Department INQUIRIES: Revenue Coordinator
OBJECTIVE
To provide rates relief to residential ratepayers who are experiencing genuine financial difficulty in paying their annual rates and charges and to provide a decision making framework to ensure a fair and equitable assessment of all Hardship Relief applications.
BACKGROUND
Blue Mountains City Council recognises that due to exceptional circumstances; ratepayers may at times encounter difficulty paying their annual rates and charges. This policy provides the framework to be followed in providing relief to those ratepayers who are suffering genuine financial hardship.
TRIM Reference number: 10/083107
Status: ADOPTED.
Lifespan: 5 Years
Issued by: Community & Corporate – Finance - Revenue
DEFINITIONS
Ratepayer/s: the person/s liable for payment of Rates and Charges levied on the property for which hardship relief is being claimed.
Eligible Pensioner: a ratepayer prescribed by Regulation 134 of the Local Government (General) Regulation 2005.
Rates and Charges: Rates and Charges levied annually and shown on the annual Rates and Charges Notice and may include: Ordinary Rates; Special Rates; Emergency Services Annual Charges; Domestic Waste Charges; On-Site Sewer Management Charges and other annual charges.
Interest: interest calculated daily and charged on overdue rates and charges pursuant to S566 of the Local Government Act 1993.
Residential Rating Category: land categorised for rating purposes pursuant to S516 of the Local Government Act 1993.
Farmland Rating Category: land categorised for rating purposes pursuant to S515 of the Local Government Act 1993.
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Principal Place of Residence: the property that the ratepayer occupies as their sole or dominant residence.
PROCEDURES
An application for Hardship Relief must be made on the prescribed form (attachment 1) and supporting documentation must be provided to substantiate the circumstances and claims described therein. Supporting documentation will include (but may not be limited to) copies of: Income statements or payslips, mortgage statements, credit card statements and other banking statements, significant bills including all utilities, medical certificates etc.
The application form is a statutory declaration made pursuant to the Oaths Act 1900 and must be signed before a Justice of the Peace.
The financial hardship experienced by the applicant must be of a permanent nature.
The applicant must be the ratepayer of the property.
The ratepayer must be an eligible pensioner as prescribed by Regulation 134 of the Local Government (General) Regulation 2005 or the ratepayer must demonstrate to the Council that the financial hardship they are experiencing is a direct consequence of a chronic or terminal illness.
The property for which hardship relief is being claimed must be the principal place of residence for the ratepayer and must be categorised for rating purposes as “Residential” or “Farmland”.
The ratepayer cannot own or co-own any other property.
The ratepayer must have continuously occupied the property for at least three (3) years.
All approved applications will be reviewed annually or at any other time the Council deems necessary to ensure the circumstances in which the original application was approved remain relevant. The ratepayer must promptly inform the Council of any change to their circumstances which may affect the approved application.
All applications will be assessed on an individual basis.
APPROVAL
Delegated Authority for the approval of the Hardship Relief concession for the payment of rates and charges rests with the General Manager.
POLICY STATEMENT
Blue Mountains City Council will provide relief from hardship to ratepayers who are experiencing permanent financial difficulty. Relief will be granted by the Council agreeing to a payment arrangement with the ratepayer which is less than that required to pay the annual rates and charges in full by 30th June of the rating year. The balance of the rates and charges remaining unpaid will accrue on the land and interest will be charged on the overdue amounts.
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All ratepayers with approved hardship applications will be required to make regular payments. The amount and frequency of these payments will be agreed with the individual ratepayers based on the information provided with their individual applications.
Hardship relief can only be approved for maximum period of five years and must be resubmitted at the end of each five year period. A resubmitted application does not guarantee automatic approval and will be subject to the usual review.
Blue Mountains City Council may require payment of the overdue rates and charges and interest once:
• the applicant ceases to be the ratepayer liable for payment of the rates and charges on the property or; • at the date when the circumstances for which hardship relief was approved have changed, such that the ratepayer/s can afford to pay the rates and charges or; • at the date a change occurs to the property in the form of a subdivision, acquisition in part or any other like circumstance or; • at the commencement of the sixth (6th) year from the date when the oldest outstanding rate or charge became due and payable or; • at anytime after regular payments have ceased being receipted to the account as was agreed with the ratepayer when the application was approved or last reviewed or; • Any other such time that the Council decides payment of the overdue rates and charges are in the Council’s financial best interests and in the best interests of the community.
RELEVANT LEGISLATION
The following Sections of the Local Government Act 1993 are relevant to this policy:
S515 Categorisation as farmland S516 Categorisation as residential S550 Charge of rates and charges on land S564 Agreement as to periodical payment of rates and charges S566 Accrual of interest on overdue rates and charges S568 Application of payments S575 Reductions for eligible pensioners S712 Special provisions with respect to the recovery of unpaid rates and charges and;
Regulation 134 of the Local Government (General) Regulation 2005:
134 Eligible pensioners for the purposes of determining pensioner concessions-prescribed classes.
Oaths Act 1900.
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ITEM NO: 8
SUBJECT: COMMUNITY ASSISTANCE DONATIONS/RECOMMENDATION BY COUNCILLOR
FILE NO: F08562 - 15/26041
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendations:
That the Council endorses the following community assistance donations from the Mayoral and Councillor funds:
Organisation Amount RSPCA Blue Mountains Volunteers Branch $600.00 The Jarrod Samson-Hill Memorial $1800.00 Lawson Combined Services Social Club $200.00
Report by Group Manager, People and Systems:
Reason for report On 11 July 2000 the Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which fall within the ambit of the Policy, have been received and are submitted for approval to the Council meeting.
Minor Local Projects
Recommending Organisation Purpose Amount Councillor RSPCA Blue Mountains To assist with the cost of Clr Van der Kley $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Greenhill $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Shrubb $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Begg $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr McGregor $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Bennett $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Hollywood $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Myles $50.00 Volunteers the open day
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Recommending Organisation Purpose Amount Councillor RSPCA Blue Mountains To assist with the cost of Clr Luchetti $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Fell $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Von Schulenburg $50.00 Volunteers the open day RSPCA Blue Mountains To assist with the cost of Clr Christie $50.00 Volunteers the open day To assist with the The Jarrod Samson-Hill Clr Christie establishment of the $500.00 Memorial memorial To assist with the The Jarrod Samson-Hill Clr Von Schulenburg establishment of the $500.00 Memorial memorial To assist with the The Jarrod Samson-Hill Clr Greenhill establishment of the $500.00 Memorial memorial To assist with the costs Lawson Combined Clr Hollywood of the Anzac Day $200.00 Services Social Club Services at Lawson
Mayoral Contingency
Recommending Organisation Purpose Amount Councillor To assist with the The Jarrod Samson-Hill Clr Greenhill establishment of the $300.00 Memorial memorial
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ITEM NO: 9
SUBJECT: PUBLIC MEMORIALS
FILE NO: F08562 - 15/12843
Delivery Program Link Principal Activity: Looking After People Service: Cultural Development
Recommendations:
1. That the Council, in accordance with the Public Memorials Policy 2012 endorses the installation of a memorial seat and plaque for Joyce Brister and Joan Storey in Centenary Reserve, Blackheath; and
2. That the Council delegates to the General Manager the negotiation of the proposed additional memorial near the Lone Pine war memorial in Leura, and that a report back to Council regarding the outcomes of the negotiation be provided to the Ordinary Meeting of March 24 2015.
3. That Council notes that it is unlikely that the Lone Pine event will proceed in time for the proposed day of April 18 2015 unless Council is provided with all relevant documentation, including details of the proposal and funding sources by March 2, 2015
Report by Acting Director City & Community Outcomes:
Reason for report Two applications for memorials to be installed on public land have been received and according to Council’s Public Memorials Policy (adopted 25 September Minute No. 389) these need to be endorsed by the Council.
An application for an additional complimentary memorial next to the Lone Pine War memorial has been received from Tom Colless in conjunction with Blue Mountains Rotary.
The recommendations of this report align with the requirements of the Public Memorials Policy and guidelines.
Considerations The public memorials policy outlines the type of person or event for whom a memorial can be placed on public land and Council will consider placement of a memorial where: 1. It is relevant to the person or event; 2. It is in keeping with the character and use of the public space in which it is to be installed; 3. It is in keeping with any relevant plan of management for the public space; 4. It does not pose a safety risk to the users of the public space; 5. It does not incur any ongoing maintenance cost to council; 6. It will not impede mowing, drainage, vehicular access or the like; and 7. It will not invite vandalism.
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Background: Joyce Brister and Joan Storey The Public Memorials Policy allows for memorials for “long term resident of the Blue Mountains area who made a significant contribution to the area in which the memorial is proposed.”
An application for a memorial seat with plaque in the honor of Joyce Brister and Joan Storey to be placed at the Blackheath Centenary Reserve was submitted by Jeanette Adrian and Keith Brister (acting on behalf of the Centenary Reserve Bushcare Group) for assessment against Council’s Public Memorials Policy. Both Joyce Brister and Joan Storey were long- time bushcarers, residents, and community volunteers with strong ties to the local community. The Centenary Bushcare Group wished to acknowledge the contributions of these two women in the reserve and in the wider community.
Joyce Brister was a key figure in the establishment of the Blackheath Centenary Reserve in 1987 and a pioneer of Bushcare in the Blue Mountains. She was the Bushcare Coordinator from this time till her death in 2011 and was passionate about her desire to keep the reserve as a beautiful piece of bush in the centre of a developed area. Joyce also volunteered with other local community groups including the Conservation Society Nursery and Rhododendron Gardens.
Joan Storey was a core member of the Centenary Reserve Bushcare Group and was noted as being one of the key members who could be relied on to turn up every month to work on the reserve. She also shared her extensive knowledge of native plants and their associated uses wherever possible in the wider community, including the Rhododendron Gardens and the Blackheath and District Horticultural Society. Her contribution to the Rhododendron Gardens was recognised with a lifetime membership in August 1996. Joan was also known in the wider community for her contribution to other groups, such as the Red Cross.
The memorial seat is proposed to be located in the centre of the Blackheath Centenary Reserve, where both women put so much of their own time and effort into restoring and maintaining the bushland area for future generations. It would be located midway along the walking track which crosses the reserve from Brentwood Avenue to Cleopatra Street. The seat would be sited on the northern side of the track, facing south. The exact location would be determined in consultation with Council Staff with regards to safety and amenity. The exact wording will be approved by Council Staff.
The installation of the wooden seat and memorial plaque would be carried out by members of the Bushcare group in consultation with Council Staff. The Bushcare group also accepts the responsibility for the ongoing maintenance of the seat. A proof of the proposed seat and plaque is attached to this report.
It is considered that the seat is an appropriate memorial in an appropriate location and that it meets the requirements of the policy as outlined above.
Background; Lone Pine additional memorial The Public Memorials policy also allows for memorials for “Events that have a local, state or national significance” to be endorsed. Tom Colless in conjunction with Rotary Blue Mountains has proposed a large event at the Lone Pine War Memorial in Leura on 18 April 2015. The event is understood to include, among other things, a handshake for peace between an appropriate Australian person and the Turkish Ambassador, or Consulate, and the unveiling of an additional war memorial showing a handshake in relief, sculpted by Terrance Plowright together with associated wording in Turkish and English.
Any event component would be managed through Council’s standard Events Approval process.
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This report seeks to advise Council of the proposal, to seek delegation for the General Manager to negotiate with the proponent, and that it is unlikely that the Lone Pine event will proceed in time for the proposed day of April 18 2015 unless Council is provided with all relevant documentation, including details of the proposal and funding sources, by March 2 2015.
The state heritage listed existing Lone Pine War Memorial was built in 1920 and comprises a pair of fine sandstone gates leading to an avenue of plane trees commemorating the fallen, as shown in the photograph below.
The heritage value and landscape values of this site generate the need for close scrutiny of designs for additional memorials. Rotary is seeking approval in time to undertake construction prior to the event on 18 April 2015, preferably by 18 March. To allow an appropriate level of scrutiny on the proposal and to meet the time frame sought by Rotary this report recommends delegation of negotiation regards the proposal to the General Manager. The matter would then be the subject of a late report to the March 2015 Council meeting.
Council will need to have received the full details and all relevant approvals by March 2 to allow for internal review, but cannot guarantee to meet the Rotary’s compressed time frame as this will be subject to the negotiation and discussion arising. Council will in the interim provide the proponent with a full list of all of the requirements to allow Council to properly consider the proposal.
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Sustainability AssessmentThe table below shows a sustainability assessment of endorsing the memorial to Joyce Brister and Joan Storey Effects Positive Negative Environmental This proposed memorial is placed within a suitable Nil environment. Social This public memorial has been assessed and adheres to the Nil framework for public memorial requests and proposals as detailed in the Public Memorials Policy. Economic Nil Nil Governance Adoption of this public memorial demonstrates a consistent Nil approach to requests for memorials, following a community request for the memorial.
The table below shows a sustainability assessment of delegation to the General Manager the endorsement of the Lone Pine proposed additional memorial. Effects Positive Negative Environmental Nil Nil Social The memorial has potential to be endorsed within the timeNil frame sought by the proposing community group. Economic Nil Nil Governance Adoption of this public memorial demonstrates a consistent Nil approach to requests for memorials, following a community request for the memorial.
Financial implications for the Council The Blackheath Centenary Bushcare Group accepts the cost of procuring, installing and maintaining the memorial seat. The installation and ongoing cost to the Council is therefore minimal over the life of the memorial. Council staff will be required to for the supervision of the installation of the memorial seat.
Rotary intends to fund the construction of the proposed additional memorial at Lone Pine; however maintenance would come to Council. While war memorials do not typically require high levels of maintenance, they can generate high repair costs if damaged or towards the end of their useful life. Council spent over $15,000 in repairs when the Lone Pine Memorial was hit by a truck and recently spent over $40,000 on restoration works to the Blackheath War Memorial. An estimate of maintenance and replacement cost will be better understood and provided to the General manager once final designs are received.
Legal and risk management issues for the Council No known legal or risk issues associated with this report’s recommendation.
External consultation External consultation was undertaken by the Council with Jeanette Adrian and Keith Brister (acting on behalf of the Blackheath Centenary Bushcare group) in relation to the design, wording and location of the memorial seat and plaque.
Conclusion The proposed memorial seat with plaque will be an important and lasting reminder to the Blackheath and Blue Mountains Community of the lives and the contributions made by Joyce Brister and Joan Storey. The proposal has been assessed as meeting the guidelines for Public Memorials in the Public Memorials Policy 2012 therefore it is recommended that the Council endorse this memorial.
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The proposed additional memorial at Lone Pine has potential to contribute or to detract from the values of the site. There is not sufficient information available on the proposed memorial at Lone Pine to assess it adequately against the Public Memorials Policy until the final design details are made available to Council. As there is limited time until the proposed event to unveil the memorial, delegation of the negotiation of the proposal to the General Manager is recommended. A further report to Council will be provided at the March 2015 Council meeting.
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- 69 - LOOKING AFTER PEOPLE Item 10, Ordinary Meeting, 24.02.15
ITEM NO: 10
SUBJECT: TUMOUR TERMINATORS TEAM - CITY 2 SURF COMMUNITY EVENT
FILE NO: F00531 - 15/13305
Delivery Program Link Principal Activity: Looking After People Service: Aquatic and Leisure Centres
Recommendations:
1. That the Council notes the continuation of the Tumour Terminators City 2 Surf Team as a community fitness event facilitated by the Leisure and Visitor Information Services branch; and
2. That the Council acknowledges the significant contribution of Mark Lawrence in charity fundraising and as the volunteer organiser of the team since its inception, and presents him with a formal Certificate of Recognition
Report by Director, City Services:
Reason for report The purpose of this report is to inform the Council about the history of the Tumour Terminators City 2 Surf team and its continuation as a community fitness program.
Background The Tumour Terminators Team originated as an informal team of Council staff and other community members that first completed the City 2 Surf in 2002 to raise money for children’s cancer research. All proceeds from the Tumour Terminators are channeled through the Steven Walter Foundation, an independent charity that funds research into childhood cancer. As at the end of 2014 the Tumour Terminators have contributed approximately $270,000 to the Foundation.
The Tumour Terminators team was established by, and continues to be coordinated by Mark Lawrence, a member of Council staff, in a voluntary capacity. Mark is seeking to stand down from his organising role but would like to see the event and fundraising aspects continue, as would many contributing staff and community members. Being conscious of the risks and liabilities for the Council, the Executive Leadership team sought to investigate and report on how these arrangements could continue, but under the auspices of the Council.
After investigation by the Council’s Risk Management Coordinator it was determined that running the activity as part of a fitness program open to the general public and offered by the Leisure and Visitor Information Services branch would provide adequate safeguards in terms of the Council’s liabilities.
To enable the continuation of this staff initiative and to provide suitable governance of this program, the team will therefore be continued as a social and fitness opportunity offered by the Leisure and Visitor Information Services branch of the Council. This program would contribute to the service aim:
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• Provide aquatic, fitness, sport and recreation programs and opportunities that support the community to maintain a fit, active and social lifestyle.
It is intended that the Leisure and Visitor Information Services Branch will facilitate and promote the Tumour Terminators City 2 Surf Team as a community fitness event, linking in to fitness assessment and training through the Leisure Centres, with the actual team registration and fundraising being done through external online processes.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The Tumour Terminators team provides a social and Nil fitness opportunity that promotes charitable actions and connectedness. Registering to complete an event provides motivation to continue with a training program. Economic This program will be linked to fitness assessments and Nil training through the Leisure Centres. Governance Fundraising will be managed through external online Nil processes.
Financial implications for the Council Individuals who intend to join the Tumour Terminators team would register themselves online at their own cost. The Council will facilitate the team, provide transportation to the event and a team shirt. The program expenses would be incorporated within current fitness program and marketing budgets. Social events are a funded component of the marketing strategy of the Leisure Centres.
Legal and risk management issues for the Council The City 2 Surf Event carries its own public liability insurance. The Council’s public liability risk would be managed by encouraging participants to undertake an adequate training program for the event; in this respect it is no different to other fitness programs on offer. Advice on this matter was sought and received from the Council’s Risk Management Coordinator and it was determined that this is an acceptable and low risk way to facilitate the continuation of the team.
Conclusion The Tumour Terminators team has been an informal Council team since 2002 and has contributed approximately $270,000 to the Steven Walter Foundation supporting children’s cancer research. To enable the continuation of this team and provide suitable governance it is intended that the event be continued as a community fitness activity facilitated by the Leisure and Visitor Information Services branch.
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- 71 - LOOKING AFTER PEOPLE Item 11, Ordinary Meeting, 24.02.15
ITEM NO: 11
SUBJECT: ARTS AND CULTURAL POLICY FRAMEWORK
FILE NO: F08562 - 15/14795
Delivery Program Link Principal Activity: Looking After People Service: Cultural Development
Recommendations:
1. That the Council notes the commencement of the review of the 2006-2016 Cultural Strategy, and that an assessment of the need for development of additional policy in area of arts and cultural activities will be undertaken as part of this review; and
2. That the Council undertakes a review of Council’s art in the public domain policies and procedures and reports on the review in August 2015
Report by Acting Director City & Community Outcomes:
Reason for report This report updates the Council on the proposed timeframe and process for review and refinement of the arts and cultural activities policy framework.
Background At the Ordinary Meeting of the Council on 10 December 2013, it was resolved in part:
2. “That the Council receives a report back on the draft arts and cultural activities policy framework for adoption by December 2014.” [Minute No. 526]
In March 2013 the Council endorsed the proposal that consideration of an arts/cultural activities policy be aligned with the planned updating of the current Cultural Strategy 2006- 2016. The review of the Cultural Strategy has now commenced, having been programmed for Quarter 3 of the 2014-2015 operational year and is to continue for eighteen months.
It was also anticipated that the policy development would involve the Advisory Committee of the City of the Arts Trust and be informed by policy developments at a state and federal level. The City of the Arts Trust Advisory Committee’s Policy Working Group has met on two occasions in November 2014 and provided input into the framework approach. At the time of writing this report, the NSW Government is yet to release its Arts and Cultural Policy (which has been due for a number of months); however recent liaison with ArtsNSW indicates that it is anticipated shortly. Once released, officers will seek to align the emergent BMCC policy position.
An initial desktop review of the currency and the implementation of the Cultural Strategy demonstrated a continued relevance of the key directions and the cultural planning framework as outlined in the Strategy, as well as the outcomes or results sought in each cultural domain. Submissions made on the previously exhibited draft Cultural and Arts Policy support this initial assessment. The next stage of the review of the Cultural Strategy is now proposed to be undertaken in consultation with stakeholders and to focus on assessment of current and predicted needs and priorities for the different cultural sectors, to provide an updated action plan.
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It should be noted that, in accordance with implementation of the Cultural Strategy, policies and guidelines have been reviewed or developed and adopted by Council for different cultural sectors and activities including: Cultural Heritage, Events, Library Services, and the Blue Mountains Cultural Centre. However the review and update of Council’s existing policies and procedures in relation to art in public places or public domain art remains outstanding. This is included as an Operational Plan Action for 2014-15, and work is proposed to commence on this in February 2015. Updated policies and procedures are considered necessary to support the draft Blue Mountains Development Control Plan.
Council’s Public Art Advisory Committee (PAAC) will be convened in March 2015 to provide input and recommendations in relation to the review and revision of Council’s policies in relation to art in the public domain. This policy review will take around six months. It is anticipated that the status of the review of these policies and procedures will be reported back to the Council in August 2015.
This report also recommends that consideration of the need for further policy in the art and cultural activities area be incorporated into the update and review process of the current Cultural Strategy 2006-2016.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Well-developed strategies and policies enhance Council Nil and community collaboration on arts and cultural matters. Economic The adoption of an updated public art policy framework Nil and implementation framework will guide Council in support of this important arts and cultural activity. Governance A public art policy framework will inform the development Nil of implementation strategies in alignment with Council’s directions.
Financial implications for the Council Policy development will be funded through Council’s existing operational budgets.
Legal and risk management issues for the Council There are no risk management or legal issues associated with the recommendations of this report.
External consultation The Policy Working Group of the Blue Mountains City of the Arts Trust Advisory Committee has been consulted regarding the previously exhibited draft Arts and Cultural Activities Policy.
Conclusion This report notes that the review of the Cultural Strategy 2006-16 has commenced and that the key directions and cultural planning framework outlined in this Strategy remain relevant. The report identifies that the next priority in refinement of the arts/cultural activities policy framework is the review of the Public Art Policy and procedures. The review of public domain arts policy and procedures is to commence in February 2015 in consultation with Council’s Public Art Advisory Committee and the Blue Mountains City of the Arts Trust Advisory Committee. This report recommends that the outcomes of the review of these policies and procedures be reported back to the Council in August 2015.
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- 73 - LOOKING AFTER PEOPLE Item 12, Ordinary Meeting, 24.02.15
ITEM NO: 12
SUBJECT: FLYING THE RAINBOW FLAG DURING THE 2015 SYDNEY GAY AND LESBIAN MARDI GRAS FESTIVAL
FILE NO: F08562 - 15/25180
Delivery Program Link Principal Activity: Looking After People Service: Community Development
Recommendation:
That the Council endorses flying of the Rainbow Flag on the 7 and 8 March 2015 during the Sydney Gay and Lesbian Mardi Gras Festival from the Council Administration Centre, Civic Place, Katoomba.
Report by Director City & Community Outcomes:
Reason for report This report responds to an invitation from the Lord Mayor of Sydney to join with the City of Sydney in flying the Rainbow Flag during the 2015 Sydney Gay and Lesbian Mardi Gras Festival.
Background On 16 January 2015, the Council received a letter from the Lord Mayor of Sydney addressed to the Mayor with the invitation to fly the Rainbow Flag during the 2015 Sydney Gay and Lesbian Mardi Gras Festival. This letter was tabled at the February 2015 meeting of the Blue Mountains International Day Against Homophobia and Transphobia (IDAHOT) Committee meeting, which supported the proposal.
In 2015, the Mardi Gras Festival opens on 20 February and closes 8 March 2015. The Festival parade takes place on the weekend of 7 March 2015.
The Council has commemorated IDAHOT since 2010 by flying the Rainbow Flag in Civic Place Katoomba. IDAHOT is commemorated on 17 May internationally, to say no to homophobia and transphobia and to celebrate diversity.
As a display of community leadership and in support of the Lesbian, Gay, Bisexual, Transgender and Intersex communities, and following the request of the Lord Mayor of Sydney, it is also proposed that Council fly the Rainbow Flag in Civic Place at Council’s Administrative Centre Katoomba on 7 and 8 March, in recognition of the Sydney Gay and Mardi Gras Festival.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social To increase community awareness, Nil celebrate diversity and show leadership on issues affecting the LGBTI communities. Economic Nil Nil
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Effects Positive Negative Governance Council providing governance and Nil community leadership
Financial implications for the Council There are no financial implications for Council in adopting the recommendations in this report.
Legal and risk management issues for the Council There are no legal and risk management issues for Council in adopting the recommendations in this report.
External consultation The Blue Mountains IDAHOT committee has been consulted and fully supports the proposal.
Conclusion It is recommended that Council accepts he invitation of the Lord Mayor of Sydney to fly the Rainbow Flag on 7 and 8 March at Council’s Administrative Centre, Civic Place Katoomba during the Sydney Gay and Lesbian Mardi Gras Festival. This act demonstrates community leadership and is a positive step towards increasing community awareness of the Lesbian, Gay, Bisexual, Transgender and Intersex communities
ATTACHMENTS/ENCLOSURES
1 Letter from the Lord Mayor of Sydney to Mark Greenhill - 15/025205 Attachment raising the Rainbow Flag during 2015 Mardi Gras Festival
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Attachment 1 - Letter from the Lord Mayor of Sydney to Mark Greenhill - raising the Rainbow Flag during 2015 Mardi Gras Festival
- 76 - LOOKING AFTER PEOPLE Item 13, Ordinary Meeting, 24.02.15
ITEM NO: 13
SUBJECT: BLUE MOUNTAINS CITY OF THE ARTS TRUST - ASSESSMENT PANEL FOR RECRUITMENT OF NEW MEMBERS
FILE NO: F07882 - 15/25352
Delivery Program Link Principal Activity: Looking After People Service: Cultural Development
Recommendations:
1. That the Council notes the opportunity for one Councillor from each ward to express an interest to participate in the Assessment Panel for membership of the Blue Mountains City of the Arts Trust Advisory Committee;
2. The Council endorses Clr McGregor, as Chair of the City of the Arts Trust, to act as Chair of the Assessment Panel; and
3. That the Council receives a further report recommending appointments to the City of the Arts Trust Advisory Committee be made to Council following consideration by the Assessment Panel.
Report by Director, City & Community Outcomes:
Reason for report This minute is the inform Councillors of the process for recruiting new community members for the Blue Mountains City of the Arts Trust Advisory Committee and offer the opportunity to participate in the Assessment Panel for new members.
Background The Council resolved on 23 November 2010 (Minute No. 534) that the Advisory Committee for the Blue Mountains City of the Arts Trust will comprise twelve (12) members.
The terms of seven (7) members of the Trust expired at the end of November 2014 and renewal is required, through a publically advertised Expressions of Interest process, to fill the vacant positions.
In accordance with Clause 7.5 of the Blue Mountains City of the Arts Trust Deed, the Council, as Trustee, is now calling for Expressions of Interest from “members of the community residing or working in the Blue Mountains LGA who possess the personal attributes, experience and skills required to make a positive contribution to the working of the Committee.”
An Assessment Panel will be convened to evaluate the applications against the Trust Deed critera and make recommendations to the Council, as Trustee, for the appointment of new members to the Advisory Committee.
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Composition of Assessment Panel for the appointment of new members It is envisaged that Clr McGregor, as the Chair of the Blue Mountains City of the Arts Trust, will chair the Assessment Panel, which will comprise the Manager - City Planning, two further Council staff with cultural expertise and an independent with cultural expertise from outside of the Blue Mountains LGA.
Interested Councillors are also welcome to nominate to be involved in the selection process as members of the Assessment Panel, which is anticipated to meet on Thursday 26 March and Friday 27 March 2015. It would be desirable to gain one representative from each ward.
The Expression of Interest will be advertised on Council’s website and in the Blue Mountains Gazette commencing Wednesday 25 February 2015 with applications closing on Friday 20 March 2015.
The Council greatly appreciates the work of the Advisory Committee of the Blue Mountains City of the Arts Trust and the recruitment of new members will enhance the capacity of the Trust to continue to promote and support the diverse range of artistic endeavor in our City.
Sustainability Assessment Not relevant to this report as it is procedural.
Financial implications for the Council Nil
Legal and risk management issues for the Council Nil
External consultation Nil
Conclusion The recommendation is for a Councillor from each ward to be nominated to participate in the Assessment Panel.
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- 78 - USING LAND Item 14, Ordinary Meeting, 24.02.15
ITEM NO: 14
SUBJECT: CONFIDENTIAL BUSINESS PAPER – REVIEW OF TENDERS FOR SPRINGWOOD TOWN CENTRE MASTERPLAN
FILE NO: 15/7105
Recommendations:
1. That Item 14 in the Business Paper be deferred for consideration until all other business of this meeting has been concluded; and
2. That the Council close part of the Council Meeting for consideration of Item 14 in the Confidential Business Paper - Review of Tenders for Springwood Town Centre Masterplan pursuant to the provisions of Section 10A(2) (d i) of the Local Government Act 1993, as the report contains and discussion is likely to involve:
(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Report by Director City & Community Outcomes:
This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.
The matter to be dealt with relates to Review of Tenders for Springwood Town Centre Masterplan and involves discussion of commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so.
In this case, the reason for closing that part of the meeting to consider Item 14 in the Confidential Business Paper is that the report includes, and discussion is likely to involve commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
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- 79 - USING LAND Item 15, Ordinary Meeting, 24.02.15
ITEM NO: 15
SUBJECT: DEVELOPMENT APPLICATION NO. X/805/2014 FOR AN IN-GROUND SWIMMING POOL AND SURROUND TILE DECK ON LOT 13 DP 831008, 29 FALKLAND CLOSE, WINMALEE
FILE NO: F08562 - X/805/2014 - 15/16629
Recommendation:
That the Development Application No. X/805/2014 for an in-ground swimming pool and surrounding tile deck on Lot 13 DP 831008, 29 Falkland Close, Winmalee be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.
Disclosure Disclosure of any political donation and/or gift - No
Report by Director, Development & Customer Services
Reason for report The applicant has proposed a variation of greater than 25% to a numerical development standard which is outsideCouncil Officer delegations.
Applicant B.De C. Environmental Pty Ltd
Owner Mr K J Cunningham and Mrs C A Cunningham
Application lodged 20 August 2014
Property address 29 Falkland Close, Winmalee
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- 81 - USING LAND Item 15, Ordinary Meeting, 24.02.15
Site description The subject land is located at 29 Falkland Close Winmalee and comprises one allotment having a total area of approximately 15,934m2. The allotment is approximately 29 metres wide at the location of the proposed development and has a depth through the centre of the block of approx. 230 meters.
Proposal It is proposed to construct a concrete in-ground swimming pool with a surrounding elevated tiled deck adjacent to the existing spa and rear verandah of the dwelling. The swimming pool and deck will have an area of 180m2.
A minimal number of trees are proposed to be removed for the establishment of an Inner Protection Area, and the cut and fill is limited to the excavation required for the installation of the pool and deck support footings.
A copy of the plans showing the site area and extent of the pool and deck are provided in Attachment 2 to this Report.
Supporting The application is supported by: documentation • Plans • Bushfire assessment report • Statement of Environmental Effects incorporating SEPP 1 objection • BASIX certificate
Environmental Blue Mountains Local Environmental Plan (LEP) 1991 Planning Instruments Zone: • Residential Bushland Conservation (100%) • Protected Area – Environmental Constraint affecting 92.28% of the site.
Blue Mountains Draft Local Environmental Plan (LEP) 2013 Zone: • E4 – Environmental Living (7.9%) • E2 – Environmental Conservation (92.09%)
Development Control Plans: • Better Living DCP
Sydney Regional Environmental plan (SREP) No. 20 – Hawkesbury-Nepean River
State Environmental Planning Policy No 1 – Development Standards
Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.
The application was notified to adjoining and nearby properties by written notification for a period of 14 days from 8 September to the 22 September 2014.
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No submissions were received.
Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of Environmental the Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.
Implications of 10-50 The site is located within the 10/50 Vegetation Clearing Code of vegetation clearing Practice entitlement area. The following assessment matters code of practice may be affected: • Clause 10.5 LEP 1991 – Environmental Impact
Issues The following assessment issues are further detailed in the report: 1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 1991 / Draft Local Environmental Plan 2013 1.2 State Environmental Planning Policy No. 1 1.3 Sydney Regional Environmental plan (SREP) No. 20– Hawkesbury-Nepean River 2.0 Section 79C(1)(a)(ii) Proposed Instruments 3.1 Better Living Development Control Plan 4.0 Section 79C(1)(a)(iii)(a) Planning Agreement 5.0 Section 79C(1)(a)(iv) The Regulations 6.0 Section 79C(1)(b) Likely Impacts 7.0 Suitability of the Site 8.0 Section 79C(1)(d - e)Submissions and Public Interest 9.0 Community Contribution
1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Local Environmental Plan 1991 / Draft Local Environmental Plan 2013 The proposed development has been assessed against the provisions of LEP 1991 and DLEP 2013 with significant points identified and discussed below. Clause Standard Proposed Compliance cl. 3 Principle The proposed development complies with the Yes Objectives Principal Objectives of the Plan DLEP DLEP 2013: As above 2013 cl. 1.2 cl.6 Objectives of The proposed pool and surrounding deck is Yes the Zone located adjacent to the existing dwelling. The proposal seeks only minimal tree removal. The proposed development complies with the objectives of the zone DLEP DLEP 2013: As above 2013 cl. 2.3
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Clause Standard Proposed Compliance cl.9 Permissibility The proposed pool and surrounding deck are Yes permissible with consent. DLEP DLEP 2013: As above 2013 Part 2 cl. 10.4 Design and The proposed development is in keeping with Yes Character the surrounding development. DLEP DLEP 2013: As above 2013 cl. 6.18 cl.10.5 Environment The installation of the pool and surrounding Yes al Impact deck area will not cause any significant adverse environmental impact. The development is essentially located within a previously cleared area and minimal vegetation removal is proposed in order to establish the required Asset Protection Zone. Any cut and fill is limited to the installation of the swimming pool. DLEP DLEP 2013: As above 2013 cl.6.1 cl.10.8 Services Adequate provision for drainage and Yes electricity is provided. The lot is connected to the available sewer main. It is proposed to direct pool wastewater to the sewer. DLEP DLEP 2013: As above 2013 cl.6.24 cl.10.9(a) Site The total building site cover permitted by No Coverage clause 10.9(a) is a calculation based on the notional development area of the lot. Any part of the lot designated as Protected Area – Environmental Constraint is excluded from the calculation.
The allotment has a total area of 15,934m2, of which 14,703m2 is mapped as Environmental Constraint. Based on the remaining notional development area, the maximum permitted building site coverage for the lot is 323m2.
The existing building site coverage comprises the dwelling and associated verandahs, and has an area of 403m2. The proposed pool and deck area increases the building site cover by 180m2 giving a total building site coverage of 583m2. The variation to the development standard is 260m2, a variation of 80.49%.
The applicant has submitted an objection to this standard under State Environmental Planning Policy No 1 (SEPP 1) and this is
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Clause Standard Proposed Compliance discussed in further detail in the following section of this report.
DLEP DLEP 2013: As above 2013 4.4A cl. 10.9(b) Principal Clause 10.9(b) requires that development No and cl.30 Development take place within a Principal Development Area Area (PDA) as required by clause 30. The allotment is zoned Residential Bushland Conservation. The allotment has an area of more than 4,000m2 and therefore a PDA is required. Given the width of the allotment at the building line, the PDA is required to have boundary setbacks of at least 10 metres.
The proposed pool and deck is located partly outside the PDA. It is proposed to locate the pool and deck 5.965m from the eastern side boundary and 4.465m from the western side boundary.
The applicant has submitted an objection to this standard under the State Environmental Planning Policy No. 1 (SEPP1) and this is discussed in further detail in the following section of this report.
DLEP DLEP 2013: As above 2013 6.17 cl. 11.3 Protected The proposed development is partly located Yes Area – within the Protected Area – Environmental Environment Constraint Area. The area where the pool al Constraint and deck is proposed to be located is a gently Area sloping landscaped area with an existing stone retaining wall. It will be necessary to remove approximately six trees which are located within the footprint of the proposal. It will also be necessary to remove a small number of trees to maintain the required Asset Protection Zone. It is considered that the proposed development will have no significant adverse impact on any environmentally sensitive land.
New Policy Introduced in DLEP2013 relevant to this development application: Clause Provisions Proposed Compliance DLEP Extending The proposed pool and deck will extend 2013 development approximately 4 metres into the Zone E2 into Zone E2 Environmental Conservation under Draft LEP cl.5.3A Environmental 2013. Conservation
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Clause Provisions Proposed Compliance This clause provides flexibility to allow a permitted use to extend up to 10 metres into an adjoining Zone E2 Environmental Conservation if it enables a more appropriate development of the site and is compatible with maintaining the environmental attributes of the land.
The proposed development is located within an existing landscaped area and is located clear of the environmentally sensitive areas of the site at the rear. It is therefore considered that the development is compatible with the environmental values of the land and provides for an optimal site layout. It is also considered that the development complies with the objectives for development in both the zones in which it is located. DLEP Watercourse There is a watercourse located at the rear of Yes 2013 the property approximately 60m from the proposed swimming pool. The development cl.6.7 will not have any adverse impact on the watercourse. The clause objectives are met. DLEP Groundwater The likelihood of groundwater contamination, Yes 2013 Vulnerability adverse impact on groundwater dependent ecosystems and cumulative impact has been cl.6.8 considered, and is considered to be managed. The development is designed and sited to minimise any significant adverse impact. The clause objectives are met. DLEP Stormwater The proposal does increase the impervious Yes 2013 area of the lot with the addition of the deck surrounding the pool. It is considered that cl.6.9 stormwater is appropriately managed.
1.2 State Environmental Planning Policy No. 1 A State Environmental Planning Policy No. 1 (SEPP 1) objection has been lodged with respect to the maximum allowable site coverage. A SEPP 1 objection has also been lodged with respect to the proposed development being located outside the Principal Development Area.
Site Cover Development standard objected to (Site Cover) Clause 10.9(a) of LEP1991 requires that the total building site cover resulting from carrying out the development, including any part of the site covered by buildings ancillary to the main building (such as swimming pools, tennis courts, sheds and the like) shall not exceed the total building site cover specified in the table in Clause 10.9. Based on the notional development area of the site, the total building site cover permitted is 323m2.
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Nature and extent of non-compliance with the standard The proposed building site cover including the dwelling, swimming pool and surrounding deck is approximately 583m2, which exceeds the permitted site cover by 260m2 or 80.49%. The existing development has a site cover of 403m2 with the proposed in-ground concrete swimming pool and surrounding deck increasing this by an additional 180m2.
Objectives of the site cover standard The LEP does not identify specific objectives for the standard however the underlying objectives for limiting building site coverage are to maintain the existing bushland character of the area and to limit the amount of development on the land (i.e. proportion of sealed surfaces compared to permeable surfaces) to maintain and protect the existing hydrological patterns on the site.
Justification for the non-compliance with the site cover standard The SEPP 1 objection submitted by the applicant states that it is unreasonable or unnecessary to comply with the above development standards for the following reasons: • The subject site is of considerable proportions, but the area of land that is suitable for development is small in comparison. To further restrict the only practical developable portion of the site is considered unreasonable. • In the context of a site with area exceeding 15,000m2, a restriction of building footprint area to 323m2 is unreasonable and does not take into account the total site area. • The proposal when added to the existing dwelling would retain 96.3% of the site as soft landscaped area. • The objectives of standard can readily be achieved in this case as the proportions of the site are such that the built upon area of land represents only 3.7% of site area, hence there is adequate balancing of site area remaining soft, pervious landscaped area verses land that is built upon;. • The proposed development will not interfere with overland flows or water table.
Whether compliance with the standard is unreasonable or unnecessary It is considered that compliance with the site cover development standard would unreasonably restrict further development of the site and the orderly and economic use of the land. The large proportion of the site that is designated Environmental Constraint is the reason why the allowable site coverage figure is so small. The proposed pool and surrounding deck area is effectively screened within the local landscape and will have no impact on the streetscape. The surface area of the pool, although included in the site coverage calculations, will not result in an additional hard surface. While the deck surrounding the pool will increase the extent of impervious area it will not significantly increase stormwater runoff or impact on the hydrological patterns of the land. The pool will be located within the existing landscaped area on the site. While some trees will be required to be removed to accommodate the pool, the bushland character of the site will be retained.
Principal Development Area (PDA) Development standard objected to (PDA) Clause 10.9(b) requires that development take place within a Principal Development Area (PDA) as required by clause 30. Given the width of the allotment at the building line the PDA requires a minimum setback of 10 metres from all boundaries.
Nature and extent of non-compliance with the standard The proposed pool and deck are located partly outside the required the Principal Development Area. Given the width of the lot at the building line, the Principal Development Area is required to have setbacks to the boundary of 10 metres. It is proposed to locate the pool and deck 5.965m from the eastern side boundary and 4.465m from the western side boundary.
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Objectives of the PDA standard Although there are no specific objectives relating to a Principal Development Area, the underlying objectives of the PDA provisions are to concentrate and contain development on the site in order to retain vegetation between properties and maintain the bushland character of the area.
Justification for the non-compliance with the site cover standard The SEPP 1 objection submitted by the applicant states that it is unreasonable or unnecessary to comply with the above development standards for the following reasons: • The existing development already exceeds the development standard without giving rise to environmental concern. • The proposed development remains within the area of land identified as the notional development area. • The proposed development is located on land that is already disturbed and filled; • The proposed development will not impact upon buffer zones established to protect environmentally significant resources. • Strict compliance would simply result in the prohibition of development. • The proposed development is considered to be modest and low impact so that the natural scenic qualities of the subject site will be preserved.
Whether compliance with the standard is unreasonable or unnecessary The width of the allotment at the rear of the dwelling is approximately 29m, however due to the depth of the property the total area exceeds 4,000m2 and therefore a PDA is required. The existing dwelling is already located partly outside the PDA with setbacks of approximately 1.5m from the western side boundary and 8m from the eastern side boundary. The pool and deck is proposed to be located in an existing landscaped area at the rear of the premises and is located parallel to the site contours. Locating the pool further off the eastern boundary would increase the extent of site disturbance. In the circumstances, it is considered that compliance with the PDA standard would be unreasonable.
Whether the SEPP 1 objections are well founded SEPP 1 provides flexibility in the application of planning controls where strict compliance with a development standard would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives specified in section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979 (“the Act”)
The sub-sections of the Act are: “(a) to encourage: (i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment; and (ii) the promotion and co-ordination of the orderly and economic use and development of land.”
In relation to the objectives of the Act stated above it is considered the proposed development is an orderly and economic use of the subject property that will not result in a negative impact on the community or the environment.
To fulfil the requirements of SEPP 1, in addition to satisfying the underlying objectives of the standards themselves, the proposal must also comply with the relevant zone objectives, which in this case are;
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(a) To ensure that all development including subdivision is environmentally sensitive and site responsive and maintains and facilitates sustainable natural ecosystems and biodiversity within the Blue Mountains.
(b) To utilise best practice water management techniques • to protect, and where practicable to improve, existing perennial and non-perennial watercourses and the associated riparian zone; and • to protect, and where practicable to improve, water quality; and • to maintain pre-development downstream flow patterns; and • to promote ecologically sustainable water and land management practices.
(c) To establish an appropriate landscape character by encouraging the preservation, regeneration and re-establishment of native bushland, where practicable.
(d) To ensure that the form and siting of development, and the building materials, colours, and landscaping utilised in that development, are each appropriate for, and harmonise with, the bushland character of the area in which the development is to take place.
(e) To ensure bush fire protection measures are adequate to protect proposed development and are able to be implemented without unacceptable adverse environmental impacts.
The proposal is considered to comply with both the underlying objectives of the development standards and the objectives of the Residential Bushland Conservation zone despite the non-compliance with the development standards.
Notwithstanding the non-compliance with the site cover and PDA standard, it is considered that the proposed development will retain the bushland character of the area and have no significant adverse impacts on the existing streetscape.
Clause 8 of SEPP 1 also requires that the following matters be considered in deciding whether to grant consent to the development application, notwithstanding the development standards: 1. Whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning. Comment: It is considered that in this particular case non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning. 2. The public benefit of maintaining the planning controls. Comment: There is no public benefit in maintaining the planning controls in this case because the proposal satisfies the relevant objectives of the LEP without complying with the numerical standards.
For the reasons stated above, it is considered the SEPP1 objections in relation to both the building site coverage and PDA development standards are well founded and it is recommended that the Council support the variations to the development standards as compliance is considered unnecessary and unreasonable in this particular case.
1.3 Sydney Regional Environmental plan (SREP) No. 20 – Hawkesbury-Nepean River The subject lot is within the Middle Nepean and Hawkesbury River subcatchment. The following parts of the SREP are relevant.
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Part Standard Proposed Compliance cl.11 Development The Sydney Regional Environmental Plan No. Yes Standards 20 (SREP20) provides planning considerations and specific planning policies aimed at protecting the environment of the Hawkesbury- Nepean River. The general planning considerations relate to ensuring runoff from the proposed development does not contribute to adverse impacts on the River.
The proposed development is located on an existing landscaped area of the lot and only involves the removal of a small number of trees. The development will not result in any increase in stormwater runoff from the site. Backwash from the pool will be disposed of to the sewer. It is considered that the proposed development will have no adverse impact on the condition of the Middle Nepean and Hawkesbury River sub-catchment.
2.0 Section 79C(1)(a)(ii) Proposed Instruments Blue Mountains City Council’s DLEP2013 has been considered as outlined in Section 1.1 above.
3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration identified and discussed in the table below. Clause Standard Proposed Compliance E1.3 Weeds Weeds were not identified on site. There are no Yes additional landscaping measures proposed. E1.4 Stormwater The proposed development will not have any Yes impact on the quality or quantity of stormwater runoff. E1.5 Streetscape The proposed development is consistent with Yes and Character the established character and streetscape of the surrounding area. E1.7 Bushfire The property is within a mapped Bushfire area Yes and the application was referred to the Rural Fire Service (RFS) for comments. No objection was raised by the RFS subject to conditions which are included in the draft conditions at Attachment 1.
4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.
5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.
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6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment 6.1.1 Vegetation removal and management Minimal vegetation removal is proposed in order to establish the required Asset Protection Zone. The development is essentially located within a previously cleared area.
6.1.2 Heritage impacts The lot is not a listed heritage item nor does it impact on the curtilage of a heritage item. A search of the Aboriginal Heritage Information Management System (AHIMS) database was completed. The search result indicated that no Aboriginal objects were recorded on the site.
6.1.3 Character and amenity The proposed development is in keeping with the character of the area, and does not have any adverse impact on the amenity of the area.
6.1.4 Stormwater drainage There are no changes to the existing stormwater system proposed. It is considered that the stormwater onsite is effectively managed.
6.1.5 Access and traffic There are no changes to the access and traffic arrangements of the site.
6.2 Social and Economic Impacts The development is ancillary to an existing dwelling in a residential area. It is considered that there will be no adverse social impacts.
7.0 Section 79C(1)(c) Suitability of the Site It is considered the proposed development is suitable for the site. It has been designed to minimise site disturbance and is located in an existing cleared area.
8.0 Section 79C(1)(d - e) Submissions and Public Interest As identified in the ‘Notification’ section of this report, the application was notified to adjoining and nearby properties by way of written notification. There were no submissions.
It is considered that the proposed development will not have an adverse impact on the public interest as it achieves the zone objectives and generally complies with the relevant provisions of the applicable legislation and planning instruments that apply to the land.
9.0 Community Contribution The Citywide Infrastructure Contributions Plan 2010 applies to the site. The rate of the levy for development with a value of $0-100,000 is 0%. A Section 94A levy is not applicable for this development.
Conclusion The application for a pool and surrounding deck has been assessed against the relevant provisions of the Environmental Planning and Assessment Act, Council’s Local Environmental Plan 1991, Council’s Better Living Development Control Plan and Draft Local Environmental Plan 2013.
The application has been accompanied by SEPP 1 objections seeking to vary the development standards relating to the building site coverage and Principal Development Area. Compliance with these development standards is considered to be unnecessary or unreasonable in this instance as the proposal will achieve an outcome that meets the objectives of the Residential Bushland Conservation zone. There will not be any adverse
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impact on the character and/or streetscape of the area. The existing natural bushland character of the site is conserved, and there is no anticipated impact on the environmentally sensitive areas at the rear of the property.
Accordingly, it is recommended that the Council support the SEPP 1 objections and that the development application be approved subject to the conditions shown in Attachment 1 to this report.
ATTACHMENTS/ENCLOSURES
1 X-805-2014 - Conditions 15/18408 Attachment 2 X-805-2014 - Plans 15/18411 Attachment
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Attachment 1 - X-805-2014 - Conditions
Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be carried plans and documentation out in accordance with the following plans plus red notations and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:
Document Prepared by: Drawing No Issue Date Working Drawing Glenbrook Drafting Sheet No. 1 Amended October 2014
Sydney Water 2. The Council stamped approved plans must be submitted to a Sydney Water Stamping of plans Quick Check agent or Water Servicing Coordinator to determine whether the Prior to works commencing development will affect any Sydney Water Asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the web site www.sydneywater.com.au for: • Quick Check agent details – see Building Developing and Plumbing then Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92. A copy of the stamped plans or other documentary evidence from Sydney Water’s accredited agent demonstrating that the plans have been stamped by them is to be submitted to the Principal Certifying Authority prior to construction commencing.
Occupation Certificate 3. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.
BASIX 4. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: 1) relevant BASIX Certificate means: a) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, a BASIX Certificate that is applicable to the development when this development consent is modified); or b) if a replacement BASIX Certificate accompanies any subsequent application for a construction Certificate, the replacement BASIX Certificate; and 2) BASIX Certificate has the meaning given to that term in the Environmental Planning & Assessment Regulation 2000.
Building Code of Australia 5. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
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Home owners warranty 6. It is the responsibility of property owners to ensure that Home Owners insurance Warranty insurance has been obtained in accordance with the Home Building Act 1989. Prior to any works commencing on the site, a copy of the Home Warranty Insurance Certificate for the property is to be submitted to the Principal Certifying Authority. Information on this insurance scheme can be obtained from the Department of Fair Trading.
Signage 7. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected: + The statement “Unauthorised access to the site is not permitted”. + The names of the builder or another person responsible for the site along with an out of hours contact number. + Lot or Street number. + The name, address and telephone number of the principal certifying authority for the work.
Erosion & sediment controls 8. To preserve the unique environment of the Blue Mountains and to contain soil and sediment on the property, controls in accordance with Council’s Better Living Development Control Plan are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include: 1) The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. 2) To prevent the movement of soil off site, a single entry/exit point to the property shall be constructed of 40mm blue metal aggregate or recycled concrete to a depth of 150mm. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.
Plans on site 9. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.
Site management 10. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site.
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d) Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site. All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.
Materials & colours 11. To have regard of the amenity of the area, the materials and colours to be used are: To match the existing building. Any outbuildings or other ancillary structures are to be finished in colours and materials of muted bushland tones and low reflective quality to blend with the surroundings. Any variation to the above materials / colours will require the prior approval of Council.
Asset Protection Zone 12. At the commencement of building works and in perpetuity the property around the existing dwelling shall be managed as an asset Protection Zone as outlined within Section 4.1.3 and Appendix 5 in Planning for Bushfire Protection 2006 as well as the RFS Standards for Asset Protection Zone (available electronically at www.rfs.nsw.gov.au) as follows: . South aspect – manage as an Inner Protection Area for a distance of 25m; and
. All other directions – manage as an Inner Protection Area to the property boundaries.
Design and Construction 13. The proposed pool and deck shall comply with sections 3 & 9 (BAL FZ) Australian Standard AS3959-2009 ''Construction of buildings in bush fire-prone BAL FZ areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 "Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack— Large flaming sources" shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.
Pool fencing 14. To provide for the safety of small children, the Swimming Pool Act 1992 requires that the owner of the premises must ensure that the swimming pool is at all times surrounded by a child-resistant barrier that:
a) separates the swimming pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and b) is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations. In accordance with the Act and Regulation the fence must comply with the standards set out in Australian Standard AS 1926.1 -2012.
All fencing and gates must be completed prior to filling the pool with water.
Gates shall be fitted with a self-closing and self-locking device and hung so
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that they only swing outwards i.e. away from the pool area.
Construction safety 15. To ensure adequate levels of public safety during the construction of the pool, boundary fences must be maintained. Pool fencing is required prior to the filling the pool with water.
Pool waste water 16. The swimming pool waste water and backwash shall be disposed of to the sewer.
Filtration equipment 17. To protect the amenity of the area, the filtration equipment and/or pump shall be housed within a sound proofed enclosure so that the noise level measured at the property boundary does not exceed 5 dB(A) above the ambient background level.
Resuscitation chart 18. To assist in the resuscitation of others and to highlight the importance of supervising young children within the pool area, an approved chart detailing resuscitation techniques is required to be affixed in a prominent position within in the pool area prior to the filling of the pool with water. The chart must display the words “young children should be supervised when using this pool”.
Pool lighting 19. External pool lighting shall be positioned and / or shielded to prevent glare nuisance to neighbouring properties.
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Attachment 2 - X-805-2014 - Plans
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ITEM NO: 16
SUBJECT: DEVELOPMENT APPLICATION NO. X/1091/2014 FOR ADDITIONS TO THE EXISTING TENNIS CLUBHOUSE TO PROVIDE ACCESSIBLE TOILET AND ANCILLARY OFFICE ON LOT 196 DP 28572, LENNOX PARK, 29-39 MATTHEW PARADE, BLAXLAND
FILE NO: F08562 - X/1091/2014 - 15/15055
Recommendation:
That the Development Application No. X/1091/2014 for additions to the existing Tennis Clubhouse to provide accessible toilet and ancillary office on Lot 196 DP 28572, Lennox Park, 29-39 Matthew Parade, Blaxland be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.
Disclosure Disclosure of any political donation and/or gift - No
Report by Director, Development & Customer Services
Reason for report The application involves a Council property that is a community asset and a public objection has been received. The proposed development includes work that is outside the exemptions under Section 47E(2) of the Local Government Act 1993 and requires the consent of the Council.
Applicant Blue Mountains City Council
Owner Blue Mountains City Council
Application lodged 18 November 2014
Property address Lennox Park, 29-39 Matthew Parade, Blaxland
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Site description The site is known as Lennox Park and located at 29−39 Matthew Parade, Blaxland. It is approximately 1.9ha in area and has been previously been levelled and cleared as a result of its development for community recreational purposes. Lennox Park has a main frontage to Matthew Parade (eastern boundary) as well as secondary frontages to the northern and western boundaries. Residential properties are located along the northern, southern and western boundaries of the site.
An open stormwater channel runs west to east along the centre of the site and flows from Richards Street to Matthew Parade. The current tennis court development includes two courts, an associated clubhouse and a bounce wall. These tennis facilities are located to the southern portion of Lennox Park.
Other development includes picnic tables, a playground, park benches, public toilets, cricket practice nets and seating. No onsite car parking is provided with the main road frontage being along Matthew Parade. A recent accessible path has been constructed along the southern portion of the site from Matthew Parade, past the tennis clubhouse and then to the playground area.
Proposal It is proposed to extend the existing tennis clubhouse as follows: • A 2.3m addition to the eastern side of the existing clubhouse. • The addition to include a new office area (3.3m x 2.3m) and a new accessible toilet (3.4m x 2.3m). • Extend the eastern end of the bounce wall apron by 2.3m to offset addition. • Reconfiguration of existing concrete path to match.
A copy of the plans showing the site area and extent of the development has been provided as Attachment 2 to this Report.
Supporting The application is supported by: documentation Architectural plans showing proposed Elevations and Layout Plan Site Plan Statement of environmental effects Building Specifications
Environmental Blue Mountains Local Environmental Plan 2005 Planning Instruments Zone: Recreation – Open Space Blue Mountains Draft Local Environmental Plan 2013 Zone: Public Recreation Development Control Plan Better Living Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River
Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the - 100 - USING LAND Item 16, Ordinary Meeting, 24.02.15
Environmental Planning and Assessment Regulations 2000.
The application was advertised for a period of 14 days from 26 November 2014 until 11 December 2014 with written notification sent to 41 adjoining and nearby properties.
One (1) submission was received in response to this advertising process.
Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of Environmental the Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.
Issues The following assessment issues are further detailed in the report:
1. Local Government Act 1993 2. Local Environmental Plan 2005 (LEP 2005) 3. Draft Local Environmental Plan 2013 (DLEP 2013) 4. Sydney Regional Environmental Plan 20 5. Better Living Development Control Plan 6. Likely Impact and Suitability of the site 7. Submissions
1.0 Local Government Act 1993 The subject site has been classified as Community Land under the Local Government Act 1993 (LGA) with Section 35 of the Act specifying that Community land is to be used and managed in accordance with a Plan of Management (PoM) and any other requirements specified under the Act. Section 44 of the Act specifies that pending the adoption of a PoM, the nature and use of the land must not be changed. The proposed development seeks to improve existing facilities for the tennis club and is not considered to be a change to the nature or use of the land.
In addition, Section 47E of the Act limits Council’s ability to delegate consent for the carrying out of development on community land in certain circumstances. Section 47E(2) identifies the following buildings as being exempt from these limits: a) toilet facilities, b) small refreshment kiosks, c) shelters for persons from the sun and weather, d) picnic facilities, e) structures (other than accommodations for spectators) required for the playing of games or sports, f) playground structures, g) work sheds or storage sheds, h) buildings of a kind prescribed by the regulations.
The proposed development is considered to comply with point a) however the new office is considered to be outside these exemptions and therefore the development requires the approval of Council.
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2.0 Section 79C(1)(a)(i) Environmental Planning Instruments 2.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 The proposed development has been assessed against the provisions of LEP 2005 as well as relevant clauses within DLEP 2013. Where significant points are similar between LEP 2005 and DLEP 2013, they have been combined and discussed under the relevant LEP 2005 clause. Clause Standard Proposed Compliance cl.17 Locality Consent shall not be granted to development Yes Management within the Recreation Open Space zone unless the development has been assessed against the provisions within Part 2 of Schedule 4.
Refer to the Schedule 4 section of this table. cl.29 Zone The proposed development is consistent with Yes Objectives the objectives of the Recreation Open Space zone as it will enhance the quality of life of residents and visitors through the improved provision and management of open space. It also assists in the provision of a range of recreational settings and promotes improved recreational facilities. DLEP DLEP 2013: As above 2013 cl. 2.3A cl.32 Land use The development would be defined as a Yes matrix recreation area which includes an area used for sporting activities or sporting facilities, with the clubhouse and facilities being ancillary to this development.
The proposed development is permissible with consent.
DLEP DLEP 2013: As above 2013 Land Use Table cl.41 Site analysis The footprint of the existing clubhouse is Yes approximately 53m2 in area with an additional 32m2 of bounce wall hard surface apron. The proposed development will result in a new clubhouse 66m2 in area and an additional 30m2 of bounce wall hard surface. The development adequately addresses the resultant increase in hardstand area in terms of the potential impact of development on the natural and built environment. cl. 44 Environment The proposed works is considered to be Yes al impact designed and sited so as to avoid any additional adverse environmental impact. DLEP DLEP 2013: As above. 2013 cl. 6.1
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Clause Standard Proposed Compliance cl. 51 Watercourse The nearest watercourse is located Yes s approximately 290m to the north east and well outside any potential impact zone from the proposed development. cl. 56 Site The site is level and cleared of any bushland Yes disturbance vegetation such that sedimentation controls and erosion could be adequately implemented and the control extent of site disturbance minimised. It will be required as a condition of consent that a Sedimentation and Erosion Control Plan is approved as part of the Construction Certificate. DLEP DLEP 2013: As above. 2013 cl. 6.14 cl. 57 Stormwater The development will alter the existing flow of Yes management surface stormwater. The SoEE notes that stormwater from the new development will connect to the existing stormwater system. This is considered adequate to effectively manage stormwater run-off. It will be required as a condition of consent the post development flows of stormwater do not exceed the existing flows. DLEP DLEP 2013: As above 2013 cl. 6.9 cl. 58 Modification The site has been levelled and cleared Yes of land form around the existing building with the development considered to result in minimal cut or fill. cl. 60 Consideratio The proposed development results in a minor Yes n of increase in the floor area of the existing character clubhouse with the development area located and approximately 14m away from the nearest landscape residential boundary and 60m from the nearest road boundary. The new addition does not increase the existing overall height of the building and uses material and colours to match with the existing building. It is considered that the proposed development would be consistent with the established character and streetscape of the surrounding area in terms of location, scale, materials and built form. DLEP DLEP 2013: As above. 2013 cl. 6.18 cl. 71 Determinatio The site is not identified as being a heritage Yes n of item or within a heritage conservation area. development The site is not within the curtilage of a applications heritage item or heritage conservation area. DLEP for heritage DLEP 2013: As above.
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Clause Standard Proposed Compliance 2013 cl. 5.10 cl. 74 Development A search was undertaken of the Office of the Yes affecting Environment and Heritage’s Web Service places or (Aboriginal Heritage Information Management sites of System) which has shown that there are no known or identified aboriginal sites or declared places potential recorded in or near the site. DLEP Aboriginal DLEP 2013: As above 2013 heritage cl. 5.10 significance cl. 87 Crime The proposed development is not considered Yes minimisation to adversely impact on the site in terms of assessment surveillance, access control, territorial reinforcement and space management.
cl. 94 General The existing building on site has access to Yes provision of services including drainage and electricity. It services will be required as a condition of consent that adequate arrangements are made with Sydney Water in relation to sewer disposal changes associated with the new accessible facility. DLEP DLEP 2013: As above. 2013 cl. 6.24 cl. 99 Car parking Off-street car parking requirements are not Yes provision altered as a result of this development. Parking for Tennis Courts should be provided at the rate of 3 spaces per court. The site has a total of 2 courts and a resultant demand of 6 spaces. Currently no onsite car parking spaces are provided in the park, with the main frontage being to Matthew Parade, via an access handle. The existing parking demand is not being altered by the proposed development and therefore on-site parking spaces are not required. cl. 107 Access to The proposed development provides a facility Yes public for people with a disability and should be buildings and provided with suitable access. A recent public land accessible path has been provided from the Matthew Parade frontage, including a lay- back to the kerb. The path then runs to the southern side of the tennis clubhouse before continuing to a playground on the western side of the park. The path comes within approximately 5m of the clubhouse entrance. The existing building also has a minor non- compliance issue at its threshold entrance as well as internally between the viewing area and the main meeting area. These level changes do not fully comply with accessibility
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Clause Standard Proposed Compliance requirements but could be suitably remedied with minor works, and will be included as part of the construction certification material. It will also be required as a condition of consent that the development includes a connection to the accessible path of travel and 1:14 threshold access. cl. 128 Development The proposed development complies with the Yes of community requirements of the Local Government Act land 1993. Refer to the 1.0 Local Government Act 1993 section of this report for further discussion. DLEP DLEP 2013: As above. 2013 cl. 5.2 Schedule Locality • Maximum building height 8 metres and Yes 4 Management maximum eaves height. • Minimum building set back from a road reserve of 8 metres.
The proposed extensions comply with these provisions. DLEP DLEP 2013: Building height as above. 2013 cl.4.3
2.2 Sydney Regional Environmental Plan No. 20 - Hawkesbury Nepean River The subject site is within the sub catchment of the Middle Nepean and Hawkesbury Rivers and is subject to the provisions of this policy. The objectives of the policy is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. The proposed development is considered consistent with clause 5 (General planning considerations) of the policy and is acceptable in terms of potential impacts on the environment. The proposed development is also considered consistent with clause 6 (Specific planning policies and recommended strategies) in terms of contributing to Total catchment management as well as water quality and quantity.
3.0 Section 79C(1)(a)(ii) Proposed Instruments Draft Local Environmental Plan 2013 applies to the site and has been addressed under the 2.1 Local Environmental Plan 2005 / Draft Local Environmental Plan 2013 section of this report.
4.0 Section 79C(1)(a)(iii) Development Control Plans 4.1 Better Living Development Control Plan The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration above the provisions of LEP 2005 and DLEP 2013 being identified and discussed in the table below. Clause Standard Proposed Compliance D9.4 Stormwater The building is currently connected to Yes a stormwater disposal system, with the bounce wall apron sheet flowing onto the adjoining grass. The site has a gradual slope to the central open drainage channel and then a
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Clause Standard Proposed Compliance continuing fall to the site’s eastern boundary. The development is located approximately 60m to the south of the drainage channel with the area in between being heavily grassed. It will be required as a condition of consent that the addition is connected to the existing stormwater system. The overland flow is considered to be adequately managed on site and is considered to be able to appropriately flow to the existing drainage line and Matthew Parade road reserve, without adversely impacting any adjoining residential properties. D9.10 Amenity The proposed development is oriented to the Yes north and away from nearby residential properties. Any clubhouse lighting is unlikely to result in obtrusive light spill. Similarly the proposed development is unlikely to result in substantially increased noise impact given the orientation and use of the clubhouse as well as the separation from adjoining residential properties. It will be required as a condition of consent that any lighting is appropriately baffled and directed to ensure there is not obtrusive light spill and that use of the clubhouse is managed to avoid adverse noise impact to adjoining residential properties. D9.11 Energy To ensure the energy performance of the Yes development it will be required as a condition of consent that the toilet facilities are dual flush and that “AAA” rated water tap fittings are installed.
5.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.
6.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.
7.0 Section 79C(1)(b)&(c) Likely Impacts and Suitability of site The proposed development is located to the southern portion of Lennox Park and involves a minor increase in the existing foot print with the development being an improvement in facilities for existing users of the clubhouse. The existing clubhouse and bounce wall is located approximately 14m from the nearest residential property. This distance remains unchanged, even with the new development.
The development does not introduce any new activities to Lennox Park and will not significantly alter the existing use of the tennis courts. The existing viewing areas of the clubhouse will continue to be screened from adjoining residential areas. No external lighting of the courts or bounce wall is proposed as part of the development. Even so it will be required as a condition of consent that any external lighting is screened and directed to avoid obtrusive light spill.
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It is noted that the development is built at existing ground level and that most of the dwellings adjacent to the tennis court area have 1.8m high and closed style rear fences. Two properties have a lower and open style of rear fencing. The proposed development does not result in a reduction of distance to these residential properties or an alteration in the nature of use. Some vegetation also occurs between these residential properties and the development. It is considered that additional noise mitigation measures are not warranted in relation to this development.
8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions As identified in the ‘Notification’ section of this report, the application was advertised in the Blue Mountains Gazette as well as written notification to adjoining properties.
One submission was received in relation to the development. It also noted some comments in relation to the notification process. The issue raised has been summarised and commented on as follows:
The main reason for the extension is for an accessible toilet, which could have been incorporated into the existing structure without interfering with the bounce wall apron which was only created 2 years ago.
Comment This is not strictly a planning matter as the requirements for a development are a matter for a proponent and would be appropriately considered during the design stage. The proposal does include a new toilet facility as well as a new separate office area. To incorporate both these uses into the existing footprint would have significantly reduced the other functional area of the general clubhouse and the kitchenette. The proposed development is considered appropriate in terms of character of the area and nature of the proposed use.
9.0 Community Contribution The Blue Mountains City-Wide Section 94A Infrastructure Contributions Plan was adopted by Council on 15 October 2013 and applies to the site. Section 3.1 of the plan identifies the levies payable based on the cost of development. Section 3.9.3 of the Plan notes that all applications submitted by or on behalf of Blue Mountains City Council, including those applications for public purposes, are exempt from paying a levy.
Conclusion Lennox Park provides a number of recreational facilities including the two tennis courts and associated clubhouse. The additions to the existing clubhouse will provide an improved ancillary facility at Lennox Park and the development itself will not impact adversely on the surroundings.
Potential noise and lack of on-site car parking are two existing matters however the development does not increase the capacity of the tennis courts and is unlikely to result in a significant increase in relation to these matters.
The proposal is an appropriate development for the site and is recommended for approval.
ATTACHMENTS/ENCLOSURES
1 X-1091-2014 - Conditions 15/15060 Attachment 2 X-1091- Plans 15/15064 Attachment
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Attachment 1 - X-1091-2014 - Conditions
Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans and documentation carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:
Document Prepared by: Drawing No Issue Date Floor Plan (amended) Bio-Building Design Pty Ltd 5 - 21/10/2014 Elevations South and West Bio-Building Design Pty Ltd 6 - 21/10/2014 Elevations North and East Bio-Building Design Pty Ltd 7 - 21/10/2014 Interior Elevations Bio-Building Design Pty Ltd 8 - 21/10/2014
Sydney Water 2. The Council stamped approved plans must be submitted to a Sydney Stamping of plans Water Quick Check agent or Water Servicing Coordinator to determine Prior to works commencing whether the development will affect any Sydney Water Asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the web site www.sydneywater.com.au for: Quick Check agent details – see Building Developing and Plumbing then Quick Check; and Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92. A copy of the stamped plans or other documentary evidence from Sydney Water’s accredited agent demonstrating that the plans have been stamped by them is to be submitted to the Principal Certifying Authority prior to construction commencing.
Construction certificate 3. A construction certificate is required prior to the commencement of any (building) site or building works. Council’s Blue Mountains Certification Unit has been appointed in your application as the Principal Certification Authority and will provide the construction certificate separately.
Building Code of Australia 4. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
Occupation Certificate 5. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.
Access and mobility design 6. Access and facilities provided for people with a disability shall be in accordance with the principles of the Disability Discrimination Act 1992 and the Council’s planning instruments. Access for people with a disability shall comply with the relevant parts of Council’s Better Living DCP, as per clause 107 (Access to public buildings and public land) of Local Environmental Plan 2005, and the provisions of the Disability (Access to Premises – Buildings) Standards 2010.
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In this regard the plans shall include: a) An accessible path of travel connection from the existing path to the building entrance b) A 1:14 access threshold at the building entrance and internally as required due to a relevant changes in floor level. Nothing is this condition alters any obligations imposed under the Disability Discrimination Act 1992.
Water devices 7. To ensure appropriate facilities are provided, the development shall comply with clause D9.11 of Council’s Better Living DCP. In this regard the development shall include dual flush toilet facilities and AAA rated water tap fittings.
Demolition management 8. The demolition work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the WorkCover Authority and Australian Standard 2601- 1991. At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: + The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary. + Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes, including localised high winds. + The site shall be secured at all times against the unauthorised entry of persons or vehicles. + Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.
Alterations and/or brick 9. Prior to the commencement of any alterations and/or additions in any veneering of buildings areas containing asbestos, all asbestos shall be removed in accordance containing asbestos cement with the relevant provisions of the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011, and Australian Standard 2601 – 1991.”
Site management 10. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period: a) Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the approval of Council. b) Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to
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prevent the movement of such material off site. c) Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block. The pollutants from these building operations shall be contained on site. d) All waste must be contained and removed to an approved Waste Disposal Depot.
Erosion & sediment controls 11. To preserve the unique environment of the Blue Mountains and to contain soil and sediment on site, Erosion and Sedimentation Controls are to be implemented in accordance with Council’s Better Living Development Control Plan. These controls shall be in place prior to clearing of the site vegetation and the commencement of site works. The controls shall include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by paving or revegetation.
Stormwater drainage 12. To control rainwater runoff, roof water shall be connected to stormwater drainage lines discharging to the existing stormwater system. It is recommended that the drainage system be installed at the same time as the footings/slab. It must, however, be operational as soon as the roof is clad.
External finishes 13. To ensure that the development is compatible with the surrounding environment, colours and finishes are to match the material of the existing building.
Offensive Noise 14. To ensure the continued amenity of nearby residential properties, any “noise” associated with the operation of the tennis clubhouse shall not constitute “offensive noise” as defined by the Protection of the Environment Operations Act 1997 or any subsequent Act.
Obtrusive light spill 15. Any illumination shall be positioned to avoid obtrusive light spillage to adjoining residential properties or dwellings.
Final fire safety certificate 16. The essential fire safety measures referred to in the Fire Safety Schedule (Prior to occupation) issued with the Construction Certificate are to be installed within the
Current / proposed and building. required essential fire safety A final fire safety certificate (copy attached) is to be furnished by the measures owner of the building to the Principal Certifying Authority (PCA) prior to the issue of any occupation certificate, in respect of all essential fire safety measures specified in the above Schedule. The certificate should state that each specified essential fire safety measure has been assessed by a properly qualified person (chosen by the owner), and was found to be capable of performing to a standard not less than that specified in the Schedule. A copy of the certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue New
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South Wales by email at [email protected] . A further copy is to be prominently displayed in the building. Advice A person who carries out the assessment must inspect and verify the performance of each specified fire safety measure and must test the operation of each new item of equipment installed in accordance with the Schedule.
Annual fire safety statement 17. Each year, within 12 months of the previous statement or after a Each essential fire safety certificate of installation has been issued for the building (whichever is measure in the building applicable), the owner of the building must submit to Council an Annual Fire Safety Statement that must deal with each essential fire safety measure in the building. A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue New South Wales by email at [email protected] . A further copy is to be prominently displayed in the building.
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Attachment 2 - X-1091- Plans
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ITEM NO: 17
SUBJECT: STATE ENVIRONMENTAL PLANNING POLICY NO.1 (SEPP) VARIATIONS
FILE NO: F08562 - 15/18416
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendation:
That the Council receives and notes this report.
Report by Acting Director, Planning and Customer Services:
Reason for report This is a regular report provided to the Council in compliance with reporting procedures required for development applications relying upon State Environmental Planning Policy No. 1 - Development Standards (SEPP1).
Background Councils have delegations from the Director General of the Department of Planning to determine development applications that rely on a variation of development standards under SEPP 1. The delegations specify that some applications must be determined by the Council, others are delegated to the General Manager, thence to the relevant officers.
With the exception of the variation that lifted limitation on the delegations in relation to the rebuild of bush fire affected dwellings, the current delegations to officers of the Council enable determination of applications utilising SEPP1 variations for each of the following classes are as follows:
1. Residential alterations and additions and single new dwellings if: • The variation in a development standard for building setback does not exceed that standard by more than 50%, or • The variation in any other development standard does not exceed that other standard by more than 25%
2. Otherwise officer delegations are limited to 10% variation from the standard. It should also be noted that applications are regularly also referred to the Council for determination as called up by Councillors.
Reporting Reporting of applications determined which rely on a SEPP 1 variation is by way of: • Quarterly Reports to the Department of Planning (DoP) • Quarterly reports listed on BMCC website • Report to each Ordinary Meeting of the Council
The applications that have been approved using SEPP 1 to vary a development standard since the last report to the Council, being for the period between 11 November and 8 December, 2014, are as listed in Attachment 1.
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Sustainability Assessment A sustainability assessment is not required for this report.
ATTACHMENTS/ENCLOSURES
1 Council Report SEPP 1 15/20384 Attachment
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Attachment 1 - Council Report SEPP 1
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ITEM NO: 18
SUBJECT: YELLOW ROCK LINK ROAD - OUTCOME OF PUBLIC CONSULTATION
FILE NO: F08713 - 14/239494
Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access
Recommendations:
1. That the Council notes the results of the community consultation for the Yellow Rock Link Road concept;
2. That, in conjunction with other relevant state agencies, a pilot improvement strategy process be undertaken into options to improve the emergency performance of Singles Ridge Road, including public consultation;
3. That the results of the pilot strategy process be reported to the Council by December 2015; and
4. That this report includes indicative costings for emergency performance improvement to Singles Ridge Road and identification of funding opportunities.
Report by Director City & Community Outcomes:
Reason for report At the Ordinary Meeting of the Council of 25 February 2014, it was resolved:
“1. That the Council includes a community consultation process in the draft Operational Plan and Budget for 2014-15, to commence in the first quarter, with residents of Yellow Rock and Winmalee to gauge the level of support for possible link road options at Yellow Rock as described in this report;
2. That the Council is briefed on the proposed community consultation process prior to it commencing; and
3. That the Council receives a report on the outcomes community consultation process prior to any further action.” [Minute No. 53]
This report details the results of the community consultation as specified in the above resolution.
Background The locality of Yellow Rock is located east of Winmalee and accessed by Singles Ridge Road. There is no other formed public access to this area. Singles Ridge Road is a Council managed Local Road and connects to Hawkesbury Road, which is a Roads and Maritime Services (RMS) managed State Road.
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Community consultation process A process of community consultation was undertaken from September 2014 to the beginning of January 2015 on the concept of a link road from Yellow Rock to the Penrith local government area. It is important to note that during the consultation process it was reinforced that the context for the consultation was for a concept only and did not identify any specific route options. Whilst it is acknowledged that this was difficult for some people to conceptualise, it was considered that specific route identification would be premature at this time.
The consultation process involved the following methods of interaction: • Agency stakeholder workshop held on 25 September 2014, including representatives from NSW Police, Fire & Rescue NSW, NSW National Parks & Wildlife and Penrith City Council; • Individual discussions held with representatives of Roads and Maritime Services and the NSW Rural Fire Service on 7 October 2014 and 16 October 2014 respectively; • Online survey on community support commenced December 2014 and finished 6 January 2015; and • Community workshops for the residents of Yellow Rock and Winmalee held on 3 December 2014 and 6 December 2014 with a total attendance of 150 people.
As part of the management of the community workshops Council engaged the services of consultants Straight Talk to facilitate the workshops and provide a third party report on observations and outcomes of the community workshops. The Straight Talk report, along with Online Survey data and Council staff notes and observations, has been used to assist in the preparation of this report to the Council.
Community consultation outcomes Agency stakeholders As a result of the meetings and workshop held with the identified agency stakeholders a range of issues and comments were provided on the link road concept, these are summarised below.
Positive aspects: • Access from Winmalee to the Great Western Highway can be problematic, a link road may ease this issue; • Alternate access and egress for Yellow Rock; • Improve Great Western Highway/Hawkesbury Road intersection function; • Direct access to Penrith area; • Improvement in sub-regional links; and • Route could improve evacuation planning for floodplain risk management in the Penrith area.
Negative aspects: • Capital, ancillary and maintenance costs for road; • Increase traffic flow through Yellow Rock; • Potential for increased crime due to easier accessibility; • Environmental impacts, particularly within Yellomundee Regional Park; • Potential aboriginal site impacts; • May undermine the Prepare/Act/Survive message; • Link road could still be impacted by fire and therefore may not be accessible; • May drive development and increase risk • Regional transport implications for Penrith local government area; • Would have a lower cost benefit ratio compared to other solutions;
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• Potential for urbanisation of the Yellow Rock area; and • Equity for other areas with similar challenges.
The general feeling of the agency stakeholders was that whilst the Yellow Rock area faces challenges for access, particularly during bushfire emergencies, the construction of a link road to the Penrith area is not the best use of resources to manage this situation. During discussions on this matter a number of alternative suggestions were made and these are shown below: • Development of Neighbourhood Safer Place facilities; • Improve existing road facilities and condition; • Establish alternate internal link road options to Yellow Rock, such as links to Hawkesbury Road and other Blue Mountains localities; • Establish and maintain containment lines, perimeter trails and Asset Protection Zones; and • Advocate for underground power facilities.
Community stakeholders The public meetings were held on 3 December and 6 December 2014 and attracted a total of 150 participants. A range of issues and comments were provided on the link road concept, these are summarised below.
Positive aspects: • Improved traffic function, particularly at Springwood and on Hawkesbury Road • Additional access in the event of an emergency, including bushfire; • Increase in property prices; • Better road standard and consequently a safer road (for Singles Ridge Road); • Shorter travel time to Penrith.
Negative Aspects: • Increased development; • Increase in crime; • Increase in traffic and noise; • Loss of general amenity, such as the quiet, rural feel of the local communities; • Road safety issues such as speed, numbers of trucks and the impact of more traffic on children and families; • Cost to build such a road (not justified by the benefits); • Current condition of Singles Ridge Road and the intersection with Hawkesbury Road; • Decrease in quality of life and property values; • Environmental impact on flora and fauna and an increase in pollution; • It would not be a safe option in a bushfire.
Participants were asked to indicate their level of support or otherwise for the link road concept, the results were consistent across both meetings and are shown below in Table 1:
Meeting Support or strongly Neutral Oppose or strongly oppose support concept concept 3 December 35.4% 9.7% 54.9% 6 December 35.9% 7.8% 56.3% Table1.
Of attendants that indicated their level of support for the link road concept, approximately 28.5% were from Winmalee and the majority of the remaining 71.5% were from Yellow Rock.
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Detail on the response numbers by Level of Support and Location is shown below in Figure1.
Figure1 Community Meeting Responses.
Although participants at both meetings indicated there were more negatives than positives to the link road concept, and that it was not widely supported, many raised that the underlying issue about safety in the event of emergencies, particularly bushfire, still needs to be resolved. To that end, a number of groups identified alternatives and other priorities that Council could or should explore. These included: • Alternate (escape) routes; • Build a safe refuge • Make the road a limited weight vehicle road. • Fix Singles Ridge Road; • Widen Singles Ridge Road; and • Traffic lights at corner of Singles Ridge Road and Hawkesbury Road.
Feedback gathered at the meetings identified a reasonably strong level of concern for the negative impact the Link Road would have on the local community, its environment and amenity, at Yellow Rock in particular. However, many participants at the meeting were not prepared to give an indication of support to the link road, as the concept was presented, because they did not feel they had sufficient information to make a judgment. Whilst it is acknowledged that a link road was difficult for some people to conceptualise, it was considered that specific route identification would be premature at this time.
In addition there was a clear message that the underlying issue of community safety in the event of an emergency, such as a bushfire, does need to be resolved. As a result, there was implied support for Council to continue to work with the community to identify how this issue should be addressed.
Online Survey and submissions The online survey for the Yellow Link Road asked the following questions: 1. What is your email address; 2. What Suburb do you live in; and 3. Do you support the concept of a public road from the Yellow Rock area to the Penrith area?
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A total of 225 responses were received from the online survey and the breakdown of these responses is shown below: • 164 responses supported the Link Road concept; • 61 responses did not support the Link Road concept; • Of the responses in support, 37% were from Winmalee and 35% were from Yellow Rock; • Of the responses that did not support, 28% were from Winmalee and 56% were from Yellow Rock; • Of the responses from Winmalee, 78% supported the Link Road concept and 22% did not support the concept; and • Of the responses from Yellow Rock, 63% supported the Link Road concept and 37% did not support the concept.
Detail on the response numbers by Yes/No and Location is shown below in Figure 2.
Figure 2 Online Survey Results.
In addition to the online survey responses Council received 9 written submissions and these were all in support of the Link Road concept. Of these 9 submissions 6 were from Yellow Rock, 2 from Winmalee and 1 did not indicate a residential origin.
It is acknowledged that there are some limitations in community feedback data as this did rely on participants correctly identifying their residential location. In addition there were no active controls on the number of times a member of the community could register feedback on this matter. However, based on observations and a review of the data this is not seen as a significant issue.
General summary In summary of the total submissions, irrespective of location, 55% of responses were supportive of the Link Road concept, 41% of responses were not supportive of the Link Road concept and 4% of responses were impartial. Whilst there is broad support, the level of
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support for the concept was limited to 35.4% and 35.9% overall for the 2 community workshops. It should also be noted that 52% of respondents from the Yellow Rock area were not supportive on the Link Road concept. Given that it would be likely that the Yellow Rock area would be most affected by any negative impacts from a link road, it is appropriate to weight this response higher than the overall community response. Therefore, it is clear that the overall community response is divided on the matter of the Link Road concept.
In addition, as part of the consultation process it was noted that feedback was received, from both agency stakeholder and community meeting forums, that the underlying safety concerns in emergency situations, particularly bushfire events, needs to be addressed. A key aspect of the feedback was the condition and performance of Singles Ridge Road in emergency situations. Council has Asset Works Program funding for general road surface renewals and resources available for general maintenance activities. However, there is limited funding and resources for upgrade works for roads across the local government area and no funding allocation for specific road upgrades related to emergency access performance.
Given the community and agency feedback and the limited funding to improve emergency access performance for roads, external funding sources would need to be accessed to progress road upgrade work for Singles Ridge Road. To facilitate improvements in the road performance in emergency situations it would be appropriate to engage with the relevant agencies on the types of improvements required and the application of these improvements. This would also include gathering community feedback on any proposed road improvements. Should such a process be undertaken then this may inform development of a strategy that could be applied to other roads within the local government area that may have similar emergency access performance characteristics. In addition, such a strategy may facilitate access to external funding for road upgrade works. Therefore it would be recommended that further investigations be undertaken on this matter and the results be reported to the Council for consideration.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Provided opportunity for community input into key Nil decision making. Economic Nil Nil Governance Responds appropriately to a resolution of the Nil Council and demonstrates community consultation.
Financial implications for the Council There are no immediate financial implications for the Council in adopting the recommendations of this report. However, it is noted that should future works be identified as part of the assessment of Singles Ridge Road then projected operational, capital and external funding options would need to be considered prior to the scheduling of such works.
Legal and risk management issues for the Council There are no legal or risk management issues for the Council in adopting the recommendations of this report.
External consultation Consultation has been undertaken as outlined in the body of this report.
Conclusion Community consultation has been undertaken, into the concept of a link road from Yellow Rock to the Penrith local government area, via an agency stakeholder workshop, two community meetings and an online survey. It is noted that the level of support for the link
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road concept, from all community consultation methods, was 55%. It should also be noted that 52% of respondents from Yellow Rock (the area most affected) were not supportive of the Link Road concept. It is clear that the overall community response is divided on the matter of the Link Road. Therefore, it is recommended that the Council notes the results of the community consultation for the Yellow Rock Link Road concept.
In addition, as part of the consultation process a number of positive and negative aspects of a link road were identified by both community and agency stakeholders, as detailed in this report. Feedback gathered at the community meetings identified a reasonably strong level of concern for the negative impact a link road would have on the local community, its environment and amenity, at Yellow Rock in particular. It was also clear from the process that the community feels that the issue of the underlying safety concerns in emergency situations, particularly bushfire events, needs to be addressed.
Given the community and agency feedback and the limited funding for upgrades for roads, further investigation into options to improve emergency access performance for roads would be appropriate. Should such a process be undertaken then this may inform development of a strategy that could be applied to other roads within the local government area that may have similar emergency access performance characteristics. In addition such a strategy may facilitate access to external funding for road upgrade works.
Therefore, it is recommended that, in conjunction with other relevant agencies, a pilot improvement strategy process be undertaken into options to improve the emergency performance of Singles Ridge Road, including public consultation, and that this be reported to the Council by December 2015. It is further recommended that this report include indicative costings and funding options, including external funding, for consideration.
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NOTICES OF MOTION
NOTICES OF MOTION Item 19, Ordinary Meeting, 24.02.15
ITEM NO: 19
SUBJECT: MOWING SCHEDULE FOR BLAXLAND WAR MEMORIAL PARK
FILE NO: F08562 - 15/22982
Delivery Program Link Principal Activity: Civic Leadership Service: Corporate Planning and Reporting
Notice of Motion by Councillor Greenhill:
That the Council receives a report to the next meeting of the Council regarding the inclusion of Blaxland War Memorial Park on a regular mowing schedule.
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ITEM NO: 20
SUBJECT: DOG OFF-LEASE AT LEURA OVAL
FILE NO: F08562 - 15/22988
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Shrubb:
That the Council receives a report on the dog off-leash area at Leura Oval that includes information on the bookings of the oval for other uses, and the options and processes for altering the opening and closing times of the off-leash area.
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PRECIS OF SELECTED CORRESPONDENCE
PRECIS OF SELECTED CORRESPONDENCE Item 21, Ordinary Meeting, 24.02.15
ITEM NO: 21
SUBJECT: PRECIS OF SELECTED CORESPONDENCE
FILE NO: F08562 - 15/20255
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.
Correspondence Received by Council
1. 8 January 2015 – Hon Paul Toole MP, Minister for Local Government Letter to the Mayor regarding the joint proposal for Regional Strategic Alliance with Penrith and Hawkesbury Councils.
2. 27 January 2015 – Residents of Blaxland Petition: Regarding the removal of the playground equipment from Blaxland Oval Precinct at St Johns Road Blaxland. No of signatures: 115.
3. 29 January 2015 – Andrew Aitken, Chief Executive Officer, Adelaide Hills Council Letter to the General Manager regarding Sampson Flat Bushfires, January 2015.
4. 30 January 2015 – Carolyn McNally, Secretary, NSW Planning & Environment Letter to the Acting General Manager of Penrith City Council regarding the joint proposal for Regional Strategic Alliance with the Blue Mountains and Hawkesbury Councils.
5. 6 February 2015 – Roza Sage, MP, Member for the Blue Mountains Letter to the General Manager regarding funding for Aged and Disability Worker position in response to a letter sent by Council on 11 November 2014.
Correspondence Sent by Council
6. 9 January 2015 – Hon Pru Goward, MP, Minister for Planning Letter from the General Manager regarding a petition regarding the Blue Mountains Draft Local Environmental Plan 2013. Copies to Roza Sage, MP, Member for the Blue Mountains and Stuart Ayres, Member for Penrith, Minister for Police & Emergency Services, Minister for Sport & Recreation, Minister Assisting the Premier on Western Sydney.
7. 8 January 2015 – Roza Sage, MP, Member for the Blue Mountains Letter from the General Manager regarding Sydney Water’s investigations into sewer connections in the Blue Mountains.
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8. 8 January 2015 – Roza Sage, MP, Member for the Blue Mountains Letter from the General Manager regarding loading zones in Katoomba.
9. 6 February 2015 – Roza Sage, MP, Member for the Blue Mountains Letter from the General Manager regarding concerns for burnout dwellings.
ATTACHMENTS/ENCLOSURES
1 Regional Strategic Alliance response 15/7439 Attachment 2 Petition - Removal of Playground Equipment from Blaxland 15/16087 Attachment Oval Precinct - St Johns Road Blaxland 3 Appreciation letter - Sampson Flat Bushfires January 2015 15/18646 Attachment 4 Secretary reply to joint lettter with Penrith Council on 15/19212 Attachment Regional Alliance 5 Correspondence - Ageing and Disability Worker Funding 15/23113 Attachment 6 Letter to Minister for Planning and Environment Pru Goward 15/2930 Attachment re Petition 7 Letter GM to Roza Sage re: Syd Water Sewer connection 15/5113 Attachment costs 14Jan 15 8 Response to Roza Sage MP re Loading Zone matter. 15/19303 Attachment Memo to GM included 9 Response to Roza Sage re properties burned out properties 15/21105 Attachment
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Attachment 1 - Regional Strategic Alliance response
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Attachment 2 - Petition - Removal of Playground Equipment from Blaxland Oval Precinct - St Johns Road Blaxland
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Attachment 3 - Appreciation letter - Sampson Flat Bushfires January 2015
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Attachment 4 - Secretary reply to joint lettter with Penrith Council on Regional Alliance
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Attachment 5 - Correspondence - Ageing and Disability Worker Funding
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PRECIS OF SELECTED CORRESPONDENCE Item 21, Ordinary Meeting, 24.02.15
Attachment 6 - Letter to Minister for Planning and Environment Pru Goward re Petition
9 January 2015 Office of the General Manager F00724 (15/2930) The Hon Pru Goward MP Minister for Planning GPO Box 5341 SYDNEY NSW 2001
Dear Minister
SUBJECT Petition re Blue Mountains Draft Local Environmental Plan 2013
The Council has received a copy of a petition dated 2 January 2015 that has been addressed to you as Minister for Planning. A copy of that petition is attached.
The petition has been signed by the owners of a number of properties in Wentworth Falls and urgently seeks your intervention with respect to the finalisation of Blue Mountains Draft Local Environmental Plan 2013 (DLEP 2013) “... to ensure that Blue Mountains Council consults with us about new and uncertain future zoning proposals by them, before DLEP 2013 is accepted by you.”
The Council has responded to the petitioners explaining the reasons for the recommended deferral and the procedural steps involved in finalising the matter. I include a copy of that letter for your information.
As you would appreciate, deferral of the subject land is the appropriate course of action to ensure that the residents are consulted as an integral part of analysing a land owner request to zone land differently to that proposed in the exhibited DLEP.
The finalisation of the recommended land use zone is also likely to be dependent on the review and the finalisation of the proposal in DLEP 2013 to insert a new zone, R6 Residential Character Conservation. The Council most recently made representations to you by letter dated 20 October 2014, providing a copy of the Council’s submission to the Department setting out the case for a suitable residential character zone and seeking your favourable consideration of that request.
The Council has written to the Department by letter dated 19 December 2014, seeking assurance that the Council will be consulted as part of the proper consideration of the need for a residential character zone and requesting contact details for the most appropriate Departmental staff in order to progress that work.
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I reiterate my previous commitment that Blue Mountains City Council will work constructively and proactively with the Department to achieve a successful outcome.
Yours faithfully
ROBERT GREENWOOD General Manager
Cc Roza Sage MP Blue Mountains Cc Stuart Ayres MP Penrith Attachment 1 Copy of Petition Attachment 2 BMCC Response to Signatories
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9 January 2015 Office of the General Manager F00724 (15/2930) Roza Sage MP Member for Blue Mountains 132 Macquarie Rd SPRINGWOOD NSW 2777
Dear Ms Sage
SUBJECT Standard Instrument Order (2006) and proposed new residential character zone by Blue Mountains City Council
The Council has received a copy of a petition dated 2 January 2015 that has been signed by the owners of a number of properties in Wentworth Falls and urgently seeks the intervention of the Minister for Planning with respect to the finalisation of Blue Mountains Draft Local Environmental Plan 2013 (DLEP 2013).
The Minister has been asked to “... to ensure that Blue Mountains Council consults with us about new and uncertain future zoning proposals by them, before DLEP 2013 is accepted by you.”
The deferral of this land is the appropriate mechanism under the law to ensure that the consultation sought by the property owners occurs. The Council has responded to the petitioners explaining the reasons for the recommended deferral and the procedural steps involved in finalising the matter. I note that representations contained in the petition have also been submitted to your office and I therefore include a copy of the Council’s letter in response to the signatories for your information.
The Council has also written to the Minister for Planning the Hon Pru Goward and I also attach a copy of that letter for your information and assistance.
This Council has made a number of representations to you, seeking your assistance to progress DLEP 2013 in particular as it relates to the case for a new residential character zone. As you are aware, the Blue Mountains community has strongly supported the proposed R6 zone. Please advise me if you require additional information in order to promote that outcome.
Yours faithfully
ROBERT GREENWOOD General Manager
Attachment 1 Copy of the BMCC letter to signatories of the petition Attachment 2 Copy of the BMCC letter to the Minister for Planning
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9 January 2015 Office of the General Manager F00724 (15/2930) The Hon Stuart Ayres MP Member for Penrith Minister for Police & Emergency Services Minister for Sport & Recreation Minister Assisting the Premier on Western Sydney GPO Box 5341 SYDNEY NSW 2001
Dear Minister
SUBJECT Standard Instrument Order (2006) and proposed new residential character zone by Blue Mountains City Council
The Council has received a copy of a petition dated 2 January 2015 that has been signed by the owners of a number of properties in Wentworth Falls and urgently seeks the intervention of the Minister for Planning with respect to the finalisation of Blue Mountains Draft Local Environmental Plan 2013 (DLEP 2013).
The Minister has been asked to “... to ensure that Blue Mountains Council consults with us about new and uncertain future zoning proposals by them, before DLEP 2013 is accepted by you.”
The deferral of this land is the appropriate mechanism under the law to ensure that the consultation sought by the property owners occurs. The Council has responded to the petitioners explaining the reasons for the recommended deferral and the procedural steps involved in finalising the matter. I note that representations contained in the petition have also been submitted to your office and I therefore include a copy of the Council’s letter in response to the signatories for your information.
The Council has also written to the Minister for Planning the Hon Pru Goward and I also attach a copy of that letter for your information and assistance.
This Council has made a number of representations to you, seeking your assistance to progress DLEP 2013 in particular as it relates to the case for a new residential character zone. As you are aware, the Blue Mountains community has strongly supported the proposed R6 zone. Please advise me if you require additional information in order to promote that outcome.
Yours faithfully
ROBERT GREENWOOD General Manager
Attachment 1 Copy of the BMCC letter to signatories of the petition Attachment 2 Copy of the BMCC letter to the Minister for Planning
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Attachment 7 - Letter GM to Roza Sage re: Syd Water Sewer connection costs 14Jan 15
22 January 2015
Office of the General Manager F01005 - 15/5113 Mrs Roza Sage MP Member for Blue Mountains 132 Macquarie Road SPRINGWOOD NSW 2777
Dear Mrs Sage
SUBJECT: Sydney Water’s investigations into sewer connections in the Blue Mountains
I am writing to advise you that at the Ordinary Meeting of November 11, 2014, the Blue Mountains City Council (Council) made the following resolutions in relation to the Sydney Water investigations into options for mains sewer connections in the Blue Mountains:
“1. That the Council notes the information within the report;
2. That the Council discourages the installation of on-site sewerage management systems on properties located within areas presently the subject of investigations by Sydney Water into potential minor sewerage extensions, pending the outcome of those investigations;
3. That the Council receives and considers a further report once the outcomes of Sydney Water’s investigation into options for mains connection are known, which is anticipated by February 2015; and
4. That the Council writes to the State Member Blue Mountains to fast track and to facilitate Sydney Water’s finalisation of the matter to support local residents.” (Minute No. 1209)
As you are aware, Council has been working closely with residents affected by the recent removal of the Sydney Water sewage pump-out subsidy to identify feasible and expedient options for them.
In late December 2014, Sydney Water wrote to these residents detailing the results of its investigations into the possible extension of the reticulated sewerage system to accommodate affected households. The letters identify the cost to each property of a service extension. These costs range from $25,000 in Bullaburra to $44,429.00 in Lawson.
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The costs are for extension of the reticulated sewerage system to property boundary only. Owners will be required to pay further costs for alterations to the existing household drainage, and any onsite equipment and installation required.
For Sydney Water to proceed with each extension, it is understood that at least 50 % of the affected households must commit by February 13, 2015 to connect to the extension within 12 months of it being built.
Payment of at least 30% would be due on connection with the remaining 70% of the cost to be paid within less than 2 years.
The costs prescribed by Sydney Water will require a substantial financial outlay in a relatively limited time period, and Council is concerned that this will cause financial hardship for many affected residents.
The requirement for a minimum of 50% of affected households to subscribe to the scheme by February 13, 2015 may also pose a significant barrier to the success of the proposal.
I would ask that you continue your advocacy on behalf of all affected residents, and I seek your assistance in facilitating urgent discussions with Sydney Water to substantially reduce the costs to residents and facilitate a more accommodating subscription and payback timeframe. Council is acutely aware of the ongoing sewage pump out costs to residents and is keen to see this matter resolved.
Council looks forward to your support on this matter. Should you require further information regarding this matter, please phone Stuart Liddell, Acting Director, City & Community Outcomes, on 4780 5000 who will be able to assist.
Yours faithfully
LEE MORGAN Acting General Manager
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Attachment 8 - Response to Roza Sage MP re Loading Zone matter. Memo to GM included
4 February 2015 Office of the General Manager Reference File: F00498 Document No. 15/19303
Mrs Roza Sage MP Member for Blue Mountains 132 Macquarie Road SPRINGWOOD NSW 2777
Dear Mrs Sage
SUBJECT Loading Zones, Katoomba Mr Allan Sturgiss, of Office Choice Blue Mountains, contacted you to highlight some difficulties he has experienced in regard to loading zones, particularly in Katoomba. He also made some suggestions and you requested some advice on this matter.
Mr Sturgiss is looking for a possible change to legislation to allow only genuine, commercially registered delivery vehicles to park in loading zones and he is also looking for support from local Council Rangers, to monitor the situation of illegal parking in the Loading Zones.
I note that you have made representation to the Minister for Roads and Freight, the Hon Duncan Gay MLC, in relation to Mr Sturgiss’ suggested legislative changes.
I advise that the Council’s Rangers are actively monitoring and enforcing loading zone restrictions, with 184 Penalty Notices issued for “Loading Zones” across the City over the last 12 months. Of those, 14 Penalty Notices and 8 Official warnings were issued in the Katoomba area.
Yours faithfully
ROBERT GREENWOOD
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Attachment 9 - Response to Roza Sage re burned out properties
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