BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 30 October 2017

Council Chambers, Level 10, Council Administration Building, 41 Burelli Street,

Order of Business Members 1 Acknowledgement of Traditional Owners Lord Mayor – 2 Civic Prayer Councillor Gordon Bradbery OAM (Chair) 3 Apologies Deputy Lord Mayor – 4 Disclosures of Pecuniary Interest Councillor David Brown 5 Petitions and Presentations Councillor Cameron Walters 6 Confirmation of Minutes - Ordinary Meeting Councillor Cath Blakey of Council 31/07/2017 Councillor Chris Connor 7 Confirmation of Minutes - Extraordinary Councillor Dom Figliomeni Meeting of Council 9/10/2017 Councillor Janice Kershaw 8 Public Access Forum Councillor Jenelle Rimmer 9 Call of the Agenda Councillor John Dorahy 10 Lord Mayoral Minute Councillor Leigh Colacino 11 Urgent Items Councillor Mithra Cox 12 Notice of Motions Councillor Tania Brown 13 Agenda Items Councillor Vicky King

QUORUM – 7 MEMBERS TO BE PRESENT

Ordinary Meeting of Council 30 October 2017

INDEX

PAGE NO.

Minutes of Ordinary Meeting of Council 31/07/2017

Minutes of Extraordinary Meeting of Council 9/10/2017

ITEM C Lord Mayoral Minute: Job Security for Employees of Australian Disability Enterprises ...... A-1

ITEM A Notice of Motion - Councillor Colacino - Installation of Pedestrian Crossing corner Lawrence Hargrave Drive and Henley Road, Thirroul ...... 1

ITEM B Notice of Motion - Councillor Cox - Flying the Rainbow Flag in Support of Diversity ...... 2

ITEM 1 Draft Planning Proposal Wests Illawarra Leagues Club Unanderra ...... 3

ITEM 2 Certification of the Wollongong Coastal Zone Management Plan ...... 13

ITEM 3 Proposed Reclassification and Sale of Lot 505 DP833242 Murranar Road Towradgi ...... 97

ITEM 4 Proposed Reclassification and Sale of Five Surplus Council Properties ...... 103

ITEM 5 Appointment of Voting Delegates to the 2017 Local Government NSW Annual Conference ...... 112

ITEM 6 Mount Kembla Bowling Club - Lease Outgoings ...... 114

ITEM 7 Review of Organisational Structure ...... 117

ITEM 8 Request for approval for the Lord Mayor to attend the Commonwealth Local Government Conference ...... 129

ITEM 9 Proposed Road Closure and Sale of Portion of Lower Coast Road, Stanwell Park ...... 133

ITEM 10 Proposed Grant of Easement to Drain Water over Lot 316 DP 1139694 Stanhope Street, Woonona ...... 136

ITEM 11 Proposed Naming of Unnamed Lane in Wollongong ...... 139

ITEM 12 Policy Review: Professional Conduct Investigation Policy ...... 142

ITEM 13 Revised Internal Audit Charter ...... 159

ITEM 14 Policy Review: Code of Business Ethics ...... 167

ITEM 15 Tender T17/37 - 21 Railway Street, Corrimal - Exterior Refubishment ...... 175

ITEM 16 Tender T17/36 - Yallah Bay Bridge 1 Concrete Repairs and Cathodic Protection ...... 179

ITEM 17 Annual Financial Statements for the Year Ended 30 June 2017 - Post Advertising ...... 183

ITEM 18 September 2017 Financials ...... 327

ITEM 19 Statement of Investments - September 2017 ...... 337

ITEM 20 Quarterly Report on Development Applications Involving Variations to Development Standards 1 April 2017 to 30 June 2017 ...... 342

Ordinary Meeting of Council 30 October 2017

ITEM 21 Annual Tabling of Returns of Disclosures of Interest and Other Matters - 2016 to 2017 ...... 345

ITEM 22 Bi-Monthly Returns of Disclosures of Interests and Other Matters - September 2017 ...... 346

ITEM 23 City of Wollongong Traffic Committee - Minutes of Meetings held 16 August and 13 September 2017 ...... 347

Minutes of Ordinary Meeting of Council 31 July 2017

MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 31 July 2017

Present Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Petty

In Attendance General Manager – D Farmer, Director Infrastructure and Works, Connectivity Assets and Liveable City – G Doyle, Director Planning and Environment, Future City and Neighbourhoods – A Carfield, Director Corporate Services, Connected and Engaged City (Acting) – R Campbell, Director Community Services, Creative and Innovative City (Acting) – K Hunt, Manager Governance and Information (Acting) – C Phelan, Manager Finance – B Jenkins, Manager Property and Recreation (Acting) – J Towers, Manager Environmental Strategy and Planning (Acting) – J Brown, Manager Community Cultural and Economic Development (Acting) – S Savage, Manager City Works and Services – M Roebuck, Manager Project Delivery – G Whittaker and Manager Infrastructure Strategy and Planning – M Dowd

Minutes of Ordinary Meeting of Council 31 July 2017

INDEX

PAGE NO.

Disclosures of Interests

Super League Match - Presentation of Wigan Jersey

Confirmation of Minutes of Ordinary Meeting of Council held on Monday, 17 July 2017

Public Access Forum - Defining Wollongong as Regional

Public Access Forum - Funding for Synthetic Football Pitch - Ian McLennan Park Kembla Grange

Public Access Forum - Airbnb Concerns Especially in E3 Zones

Public Access Forum - Unsafe and Single Lane Carriageway to Otford Rail Bridge

Public Access Forum - Thank you to Councillors for their Service

Call of the Agenda

ITEM A Lord Mayoral Minute - Defining Wollongong as Regional

Matter of Great Urgency – Planned Works for Murrawal Road, Stanwell Park

ITEM B Notice of Motion - Councillor Merrin - Informal Short Stays

ITEM C Notice of Motion - Councillor Petty - Flood Study Reports

ITEM D Notice of Motion - Councillor Takacs - Electric Vehicles

ITEM E Notice of Motion - Councillor Takacs - Expanding Council's Solar Program

ITEM F Notice of Motion - Councillor Takacs - Ken Ausburn Track

ITEM 1 Calderwood Section 94 Development Contributions Plan - Post Exhibition and Calderwood Draft Planning Agreement Offer

ITEM 2 Funding for Synthetic Football Pitch - Ian McLennan Park, Kembla Grange

ITEM 3 Draft Planning Proposal: Western Precinct Redgum Ridge Estate, Lot 815 DP 1193843 Redgum Forest Way, Figtree and Biodiversity Certification

ITEM 4 Draft Planning Proposal: 26 Warehouse Place (Part of Lot 12 DP 1188144), 13 Brady Street (Part of Lot 7 DP 1090509) and 15 Brady Street (Part of Lot 22 DP 1188144), Berkeley

Minutes of Ordinary Meeting of Council 31 July 2017

ITEM 5 Exhibition of Draft City of Wollongong Pedestrian Plan 2017-21

ITEM 6 Draft Urban Greening Strategy 2017 - 2037

ITEM 7 Port Kembla Town Centre Facade Program

ITEM 8 Delegations to the General Manager, Lord Mayor and Deputy Lord Mayor - Caretaker Provisions

ITEM 9 Proposed Dedication of Community Land as Public Road - Cordeaux Road, Cordeaux Heights

ITEM 10 Expression of Interest: Panel of Conduct Reviewers

ITEM 11 Tender T17/25 - Botanic Gardens Shade Structure

ITEM 12 Tender T17/29 - Wollongong Memorial Gardens Front Quadrant Garden Stage 3

ITEM 13 End of Term Report 2012-2017

ITEM 14 June 2017 Financials - Preliminary and Pre Audit Result

ITEM 15 Statements of Investments - June 2017

ITEM 16 City of Wollongong Traffic Committee - Minutes of Electronic Meetings held on 5 and 26 July and Meeting held on 12 July 2017

Minutes of Ordinary Meeting of Council 31 July 2017

DISCLOSURES OF INTERESTS Councillor Brown declared a significant, non-pecuniary interest in Item 3 as he has a close family member who lives adjacent to the site. Councillor Brown advised that he would depart the Chamber during debate and voting on this matter. Councillor Martin declared the following –  A significant conflict of interest in Item B as she and her husband run a short-term holiday letting. Councillor Martin advised that she would depart the Chamber during debate and voting on this matter;  Conflicts of interests in Items 1, 3 and 4 as she is employed by the Department of Planning and Environment. However, she does not deal with planning matters relating to Wollongong and would remain in the Chamber during debate and voting on these matters; and,  A conflict of interest in Item 7 as she is a long-term friend of one of the recipients and she would depart the Chamber during debate and voting on this matter. Councillor Dorahy declared a non-pecuniary, non-significant conflict of interest in Item 3 as this proposal is near his place of residence. Councillor Bradbery declared a conflict of interest in Item 4 as he lives within two kilometres of the planning proposal. Councillor Bradbery advised that he would vacate the Chair and depart the Chamber during debate and voting on this matter. During debate on Item 4, Councillor Petty declared –  A non-significant, non-pecuniary conflict of interest as he owns a self-storage facility; and,  A pecuniary, non-significant conflict of interest as he owns heavy industrial land, but this land is not within 200m of the site which is the subject of the Planning Proposal.

SUPER LEAGUE MATCH - PRESENTATION OF WIGAN JERSEY Councillor Dorahy presented the Lord Mayor with a Club jersey. He commended all involved in achieving the agreement to bring Wigan to Wollongong, which represented a significant investment, and will result in a strong economic benefit to this area.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON MONDAY, 17 JULY 2017 92 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that the Minutes of the Ordinary Meeting of Council held on Monday, 17 July 2017 (a copy having been circulated to Councillors) be taken as read and confirmed.

PUBLIC ACCESS FORUM - DEFINING WOLLONGONG AS REGIONAL On behalf of the Illawarra Business Chamber (IBC), Mr C Lamont advised that as a means of harnessing the potential of the Illawarra, the IBC is urging the NSW Government to remove barriers to eligibility to regional funding for both Wollongong and Shellharbour. Eligibility to the full suite of regional funding programs for each location would not only deliver substantial benefits to the Illawarra and , but assist and Western Sydney in addressing a range of social, economic and business challenges. The IBC has proposed a new more inclusive definition for regional development funding initiatives titled Regional Economic Centres. He said that in proposing the definition of Regional Economic Centre the IBC maintains that the local government areas of Wollongong and Shellharbour remain eligible for all other NSW and Australian Government grants and programs. The proposed definition seeks to avoid an artificial and inconsistently applied restriction and emphasise the potential and capacity of Wollongong and Shellharbour to contribute to the continued economic development of NSW.

Minutes of Ordinary Meeting of Council 31 July 2017

PUBLIC ACCESS FORUM - FUNDING FOR SYNTHETIC FOOTBALL PITCH - IAN MCLENNAN PARK KEMBLA GRANGE Mr E De Gabriele, Chairman of Football South Coast (FSC), highlighted key points in relation to the FSC Ian McLennan Park Synthetic Pitch Project. He provided a background to competitions and the programs under FSC’s management and control. He also highlighted the urgent need for synthetic pitches in this region and this included the growth of the game locally and the need for a wet weather alternative for the biggest code in the region. Opportunities for the Wollongong Local Government Area to develop a facility were outlined, including the opportunity to attract events and enable FSC to host National and State Tournaments that will deliver economic benefits to the community. Ian McClelland Park, Kembla Grange, was ranked number one by Council’s Sports Reference Group. This Group is made up of members of many other sports across the Wollongong LGA. The financial contribution from FSC is the biggest ever made by any sport for any Wollongong City Council project of this kind and FSC believes it is the biggest contribution made by such an organisation across the State for a synthetic pitch. In conclusion, Mr De Gabriele said that the project is further enhanced and strengthened by the fact that the Artificial Pitch facility is already valued at over $2M, with existing infrastructure built by members of the football community through South Coast United and without any government or Council grants, included as part of the facility. This gives the Project and the facility a highly valued asset, ready for use, including the staging of events for the wider community and for Council.

PUBLIC ACCESS FORUM - AIRBNB CONCERNS ESPECIALLY IN E3 ZONES Ms J Hutt voiced concerns in relation to the rapid spread of informal short-term rentals, in particular Airbnb. Whilst she noted that the State Government was looking at the issue of short-term stays, she said that Council presently does not have a policy and is instead waiting on the outcomes of the State Government’s Options Paper, whereas many other councils had already implemented policies. Tourism is obviously very important to local areas in economic terms, however Ms Hutt said that a balance has to be achieved whereby local residents are not made to suffer from increases in tourism stimulated by new online short-term stay operators. Ms Hutt shared her experience and that of her immediate neighbours in relation to local properties being rented, where owners are absent and therefore unable to implement any control over renters’ conduct. Concerns included noise disturbance, increased movements on shared driveways, waste disposal, car parking, security and trespass. In conclusion, Ms Hutt suggested that the Local Environmental Planning zone should be considered in these cases, and particularly in E3 zones, with more controls to deal with neighbourhood disruptions.

PUBLIC ACCESS FORUM - UNSAFE AND SINGLE LANE CARRIAGEWAY TO OTFORD RAIL BRIDGE Mr G Williams for the Fix Otford Rail Bridge Committee advised that the Otford bridge had been in discussion and implementation stage for the past 13 years when RailCorp submitted a development application to Council to change the brick parapets to concrete and install anti- throw steel screens on top of the proposed parapets. At the time, the bridge had a 5.8m wide dual carriageway with a 1.2m wide footpath, as well as a kerb which separated pedestrians from vehicles. Work was undertaken in March 2014 which resulted in a single lane bridge, with bad sightlines when approaching the bridge. Mr Williams said that residents would like the two lanes reinstated as they believe that the realignment to the southern approach would allow trucks to have a safer approach and also allow vehicles to have a better line of sight. The bridge has a clear internal width between balustrades of 7.2m and therefore residents believe that two lanes at 2.9m wide with a 1.2m wide footpath and a 200mm wide kerb would comply. In conclusion, Mr Williams said that as

Minutes of Ordinary Meeting of Council 31 July 2017

Otford Road is used as an approved alternate route in the event of a closure of Lawrence Hargrave Drive, if the bridge is to be left as is, then it should be removed as an alternate route due to the dangerous single-lane bridge, narrow roads and steep descents. He trusted that Council would see some common-sense in the approval of a two-lane bridge.

PUBLIC ACCESS FORUM - THANK YOU TO COUNCILLORS FOR THEIR SERVICE Mr W Erwin advised that Councillors had made Wollongong a better place for current and future residents. In October 2011, Councillors spent the weekend with members of the community as part of the Community Summit to develop goals and a vision for Wollongong. As a Council there had been achievements towards those goals. However, he felt that one goal had fallen short ie ‘We are a connected and engaged community’. Mr Erwin said that two things stood out for him. One was the introduction of Senior Citizen of the Year which acknowledges citizens that have given back to their communities over their lifetime. The inaugural Les Dion Senior and the current Jim Powell are examples of the lifelong care, involvement and love for their community. The reserve area on New Year’s Eve for people with disabilities was the other. The accessible reserved seating area was a huge success on New Year’s Eve and he agreed with Council staff in trying to extend it to Day celebrations. He also understood it is a finalist in the upcoming Local Government Awards night. In conclusion, Mr Erwin thanked Councillors for their service to the community of Wollongong and presented each with a small gift.

93 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that all speakers be thanked for their presentation and invited to table their notes.

CALL OF THE AGENDA 94 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Crasnich that the staff recommendations for Items E, 6, 8 to 12, and 14 to 16 inclusive, be adopted as a block.

DEPARTURE OF COUNCILLORS During debate and prior to voting on Item A, Councillors Colacino and Blicavs departed and returned to the meeting, the times being from 6.50 pm to 6.52 pm, and 7.10 pm to 7.11 pm, respectively.

ITEM A - LORD MAYORAL MINUTE - DEFINING WOLLONGONG AS REGIONAL 95 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Bradbery that – 1 Wollongong City Council write to the NSW Premier The Hon. Gladys Berejiklian and The Hon. John Barilaro MP (Deputy Premier, Minister for Regional New South Wales, Minister for Skills, Minister for Small Business) asking that the State Government clearly identify Wollongong Local Government Area as “regional” and recognise the importance of Wollongong as a regional economic centre as outlined in the Regional Plan 2015. 2 All local State and Federal Members of Parliament be requested in writing to support the abovementioned (1) and bring this matter to the attention of relevant Ministers and/or Shadow Ministers as well. 3 Council conduct an awareness-raising exercise on this issue. Variation The variation moved by Councillor Curran (the addition of Point 3) was accepted by the mover.

Minutes of Ordinary Meeting of Council 31 July 2017

MATTER OF GREAT URGENCY – PLANNED WORKS FOR MURRAWAL ROAD, STANWELL PARK Councillor Kershaw requested the Lord Mayor consider a matter of great urgency relating to Murrawal Road, Stanwell Park

A PROCEDURAL MOTION was MOVED by Councillor Kershaw seconded Councillor Colacino that Council give consideration to a matter of great urgency in relation to planned works for Murrawal Road, Stanwell Park. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

The Lord Mayor ruled the matter to be URGENT.

96 COUNCIL’S RESOLUTION - RESOLVED on the motion of Councillor Kershaw seconded Councillor Colacino that – 1 All work that is currently planned for Stage 3 (Murrawal Road, Stanwell Park) be stopped. 2 Further consultation occur with residents affected by Stage 3 on all options for pedestrian and cycle access through Stage 3. 3 This consultation is to provide detailed plans and analysis of the options that have already been assessed, as well as any options that may be put forward by the community. 4 Following this consultation, and the best and most achievable route has been analysed, the pedestrian and cycle route through Stage 3 progress. Variation The variation moved by Councillor Bradbery to remove the words ‘through Stanwell Park recommence’ and replace them with the word ‘progress’ in Point 4 was accepted by the mover and seconder. The various points in the original motion were questioned by Councillor Petty and it was suggested that references to Murrawal Road should reflect that these works related to Stage 3 of the project. Following this, Councillor Kershaw updated various points in her original motion to reflect Stage 3 works. In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Blicavs, Dorahy, Colacino, Crasnich, Curran, Petty and Bradbery Against Councillor Merrin

DEPARTURE OF COUNCILLORS Due to a prior disclosure of interest, Councillor Martin departed the meeting and was not present during debate and voting for Item B. During debate and prior to voting on Item B, the following Councillors departed and returned to the meeting –  Councillor Curran from 7.53 pm to 7.55 pm;  Councillor Connor from 7.56 pm to 8.05 pm;  Councillor Crasnich from 8.14 pm to 8.16 pm; Councillor Kershaw departed the meeting at 8.20 pm and was not present for the vote taken for Item B.

Minutes of Ordinary Meeting of Council 31 July 2017

ITEM B - NOTICE OF MOTION - COUNCILLOR MERRIN - INFORMAL SHORT STAYS 97 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Merrin seconded Councillor Takacs that – 1 Council receive a report and briefing on short-term stay premises in Wollongong. 2 The report include – a Information on their impact on local residential neighbourhoods and neighbouring residents; b The State legislative and regulatory environment; c Comparisons with requirements for formal short-term stay premises such as bed and breakfast businesses, motels and hotels, and serviced apartments; d A survey of the policies of other coastal Councils pertaining to these types of rentals; e A process for developing Council policy to ensure a level of regulation aimed at protecting neighbourhood amenity. In favour Councillors Connor, Brown, Takacs, Merrin, Blicavs, Colacino and Bradbery Against Councillors Dorahy, Crasnich, Curran and Petty

DEPARTURE AND RETURN OF COUNCILLORS During debate and prior to voting on Item C –  Councillor Merrin departed and returned to the meeting, the time being from 8.21 pm to 8.30 pm; and,  Councillor Kershaw returned to the meeting, the time being 8.24 pm.

ITEM C - NOTICE OF MOTION - COUNCILLOR PETTY - FLOOD STUDY REPORTS MOVED by Councillor Petty seconded Councillor Curran that Council write to the Insurance Council of Australia, NSW Division, and provide a copy of - 1 The latest Flood Study Report for each study area in the Wollongong Local Government Area; and, 2 The WMAwater Report.

At this stage, Councillor Brown FORESHADOWED a MOTION should Councillor Petty’s Motion be defeated. Councillor Petty’s MOTION on being PUT to the VOTE was LOST. In favour Councillors Curran and Petty Against Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Following the defeat of Councillor Petty’s Motion, Councillor Brown’s FORESHADOWED MOTION became the MOTION.

98 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Brown seconded Councillor Martin that the Insurance Council of Australia (NSW Division) be advised of the current cost of purchasing flood data and that they be informed of which data sets are available for free via Council or third parties. In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Dorahy and Bradbery Against Councillors Blicavs, Colacino, Crasnich, Curran and Petty

Minutes of Ordinary Meeting of Council 31 July 2017

DEPARTURE OF COUNCILLOR During debate for Item D, Councillor Curran departed the meeting, the time being 8.49 pm. Councillor Curran was not present for the vote taken for Items D, F and Item 1.

ITEM D - NOTICE OF MOTION - COUNCILLOR TAKACS - ELECTRIC VEHICLES 99 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Takacs seconded Councillor Brown that – 1 A report come to Council, accompanied by a briefing, on measures available to Council to accelerate the uptake of electric vehicles in the Wollongong Local Government Area. 2 The report to include the feasibility of electric vehicles replacing some of Council's existing vehicle fleet.

ITEM E - NOTICE OF MOTION - COUNCILLOR TAKACS - EXPANDING COUNCIL'S SOLAR PROGRAM The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – Council staff revisit the assessment of sites where installation of solar provides a saving to ratepayers, taking into account – 1 The recent IPART recommendation to more than double the solar PV feed in tariff in NSW; 2 The continued decline in installed cost of PV installations; and, 3 The increases in retail electricity prices.

ITEM F - NOTICE OF MOTION - COUNCILLOR TAKACS - KEN AUSBURN TRACK 100 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Takacs seconded Councillor Blicavs that Council write to the appropriate persons at the University of Wollongong and the Illawarra Office of the National Parks and Wildlife Service, expressing our desire to work with them in formulating a long-term management plan and agreement for the Ken Ausburn Track.

ITEM 1 - CALDERWOOD SECTION 94 DEVELOPMENT CONTRIBUTIONS PLAN - POST EXHIBITION AND CALDERWOOD DRAFT PLANNING AGREEMENT OFFER 101 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Martin seconded Councillor Connor that – 1 The submissions received during exhibition of the draft Calderwood Section 94 Development Contributions Plan (2017) be noted. 2 The draft Calderwood Section 94 Development Contributions Plan (2017) be endorsed and referred to the Secretary of the NSW Department of Planning and Environment for a determination of cross-boundary issues with Shellharbour City Council under Section 94C of the Environmental Planning and Assessment Act 1979. 3 Following the receipt of the advice from the Secretary, a further report on the Calderwood Section 94 Development Contributions Plan be submitted to Council. 4 The draft Planning Agreement based on the Letter of Offer dated 28 July 2017 from Lendlease Communities (Australia) Limited be endorsed for exhibition for a minimum

Minutes of Ordinary Meeting of Council 31 July 2017

period of 28 days. 5 If no significant issues are raised during the exhibition, the General Manager be delegated authority to consider the submissions and finalise the Planning Agreement with Lendlease Communities (Australia) Limited, including any minor changes required to clarify the intent and implementation of the provisions.

DEPARTURE AND RETURN OF COUNCILLORS During debate and prior to the vote taken for Item 2 –  Councillor Curran returned to the meeting, the time being 9.24 pm; and  Councillor Blicavs departed and returned to the meeting, the time being from 9.30 pm to 9.32 pm. During debate and prior to the vote taken for Item 2, Councillor Petty departed the meeting, the time being 9.20 pm. ITEM 2 - FUNDING FOR SYNTHETIC FOOTBALL PITCH - IAN MCLENNAN PARK, KEMBLA GRANGE 102 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Brown seconded Councillor Blicavs that – 1 Council note the options outlined in the report. 2 In addition to its current financial commitment, Council commit a maximum of $700,000 from the Strategic Projects Reserve in 2018-19 to allow the Ian McLennan Park synthetic football pitch at Kembla Grange to progress to tender. 3 Council work with Football South Coast to explore all other options on the project proceeding and collaborate with the NSW Government to secure additional funding for the project. 4 Council officers prepare a plan for the delivery of multiple synthetic football pitches across the LGA, including partnerships and financial contributions, for the consideration of Council in the annual planning process. In favour Councillors Kershaw, Connor, Brown, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Bradbery Against Councillor Takacs

DEPARTURE OF COUNCILLOR Due to a prior disclosure of interest, Councillor Brown departed the Chamber and was not present for debate and voting for Item 3.

ITEM 3 - DRAFT PLANNING PROPOSAL: WESTERN PRECINCT REDGUM RIDGE ESTATE, LOT 815 DP 1193843 REDGUM FOREST WAY, FIGTREE AND BIODIVERSITY CERTIFICATION 103 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Blicavs seconded Councillor Dorahy that – 1 The conferral of Biodiversity Certification for Redgum Ridge be progressed, with Council as the planning authority lodging the Biodiversity Certification application to the Office of Environment and Heritage, exhibiting the application for a minimum period of 30 days, and then reporting the findings to the Minister for the Environment; 2 Following the endorsement of the Biodiversity Certification application by the Minister for the Environment, the draft Planning Proposal for the Redgum Ridge Western Precinct be progressed by:

Minutes of Ordinary Meeting of Council 31 July 2017

a Finalising the Planning Proposal that seeks to amend the Land Zoning Map from RU2 Rural Landscape to E4 Environmental Living with a Minimum Lot Size of 1,000m² and Floor Space Ratio of 0.3:1, and rezone the remainder of the site to E2 Environmental Conservation with a Minimum Lot Size of 39.99ha; b The final Planning Proposal be referred to the NSW Department of Planning and Environment for the making of arrangements for drafting to give effect to the final proposal; and c Note that the General Manager will thereafter proceed to exercise his delegation by the NSW Department of Planning and Environment under Section 69 in relation to the final proposal. In favour Councillors Kershaw, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery Against Councillors Connor and Curran

DISCLOSURE OF INTEREST AND VACATION OF CHAIR Due to a prior disclosure of interest, the Lord Mayor vacated the Chair and departed the Chamber, the time being 9.34 pm. At this stage, Deputy Lord Mayor, Councillor Dorahy, assumed the Chair.

DEPARTURE AND RETURN OF COUNCILLORS During debate and prior to voting on Item 4 –  Councillor Brown departed and returned to the meeting, the time being from 9.46 pm to 9.48 pm; and,  Councillor Petty returned to the meeting, the time being 9.51 pm.

EXTENSION OF MEETING TIME A PROCEDURAL MOTION was MOVED by Councillor Petty seconded Councillor Crasnich that the meeting time be extended to 10.30 pm. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

DISCLOSURE OF INTEREST Councillor Petty declared –  A non-significant, non-pecuniary conflict of interest in Item 4 as he owns a self-storage facility; and,  A pecuniary, non-significant conflict of interest as he owns heavy industrial land, but this land is not within 200m of the site which is the subject of the Planning Proposal.

ITEM 4 - DRAFT PLANNING PROPOSAL: 26 WAREHOUSE PLACE (PART OF LOT 12 DP 1188144), 13 BRADY STREET (PART OF LOT 7 DP 1090509) AND 15 BRADY STREET (PART OF LOT 22 DP 1188144), BERKELEY 104 COUNCIL’S RESOLUTION - RESOLVED on the motion of Councillor Martin seconded Councillor Curran that a draft Planning Proposal not be submitted to the NSW Department of Planning and Environment. In favour Councillors Kershaw, Brown, Martin, Takacs, Merrin, Curran and Petty Against Councillors Connor, Blicavs, Dorahy, Colacino and Crasnich

Minutes of Ordinary Meeting of Council 31 July 2017

RESUMPTION OF CHAIR At this stage, the time being 10.04 pm, the Lord Mayor returned to the Chamber and resumed the Chair.

DEPARTURE OF COUNCILLORS During debate and prior to voting on Item 5, Councillors Kershaw and Colacino departed and returned to the meeting, the times being from 10.05 pm to 10.06 pm, and from 10.05 pm to 10.08 pm, respectively.

ITEM 5 - EXHIBITION OF DRAFT CITY OF WOLLONGONG PEDESTRIAN PLAN 2017-21 105 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Merrin seconded Councillor Brown that – 1 The draft City of Wollongong Pedestrian Plan 2017-2021 be placed on public exhibition for a period of six weeks. 2 Following the public exhibition period, a final draft City of Wollongong Pedestrian Plan 2017-2021 be presented to Council for adoption.

ITEM 6 - DRAFT URBAN GREENING STRATEGY 2017 - 2037 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – 1 The draft Urban Greening Strategy 2017-2037 be endorsed for public exhibition for a minimum period of 28 days. 2 Following the public exhibition period, a further report be provided to Council recommending adoption of the draft Urban Greening Strategy 2017-37 which includes a summary of submissions received and amendments proposed.

DEPARTURE OF COUNCILLORS Due to a prior disclosure of interest, Councillor Martin departed the meeting and was not present for the debate and voting for Item 7. During debate on Item 7, Councillor Merrin departed the meeting, the time being 10.14 pm. Councillor Merrin was not present for the vote taken for Item 7.

ITEM 7 - PORT KEMBLA TOWN CENTRE FACADE PROGRAM 106 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Crasnich that Council provide funding to the proposed recipients shown in Attachment 1 to the Port Kembla Town Centre Façade Program.

Minutes of Ordinary Meeting of Council 31 July 2017

ITEM 8 - DELEGATIONS TO THE GENERAL MANAGER, LORD MAYOR AND DEPUTY LORD MAYOR - CARETAKER PROVISIONS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – 1 Council note the report on Delegations to the General Manager – Caretaker Provisions. 2 Council delegate the authority to accept, or otherwise, tenders up to the value of $1.57 million to the General Manager, Lord Mayor and Deputy Lord Mayor, by a majority determination, between 1 August 2017 and 8 September 2017; and to the General Manager and Lord Mayor, between 9 September 2017, by unanimous determination, and the date of the first Ordinary Meeting of Council following the 9 September 2017 election; with a report on the exercise of such delegation to be provided to the second Ordinary Meeting of Council following elections.

ITEM 9 - PROPOSED DEDICATION OF COMMUNITY LAND AS PUBLIC ROAD - CORDEAUX ROAD, CORDEAUX HEIGHTS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – 1 In accordance with Section 47(f)(2)(a) of the Local Government Act 1993, authority be granted for the portions of Lots 24 and 25 DP 737238 Cordeaux Road, Cordeaux Heights, shown shaded dark grey on the attached plan, to be dedicated as public road by the placement of a notice in the NSW Government Gazette under Section 10 of the Roads Act 1993. 2 Authority be granted to affix the Common Seal of Council to the survey documents and any other documentation required to give effect to this resolution.

ITEM 10 - EXPRESSION OF INTEREST: PANEL OF CONDUCT REVIEWERS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – Council establish a panel of Conduct Reviewers, for a term of four years, comprising:  Centium Group Pty Ltd  O'Connell Workplace Relations Pty Ltd  O'Connor Marsden & Associates Pty Ltd  SINC Solutions Pty Ltd  TressCox Lawyers  Williams Love & Nicol Pty Ltd T/as Bradley Allen Love Lawyers  Workplace Investigations Services P/L T/as WISE Workplace

Minutes of Ordinary Meeting of Council 31 July 2017

ITEM 11 - TENDER T17/25 - BOTANIC GARDENS SHADE STRUCTURE The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – 1 a In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders received for Botanic Gardens Shade Structure and resolve to enter into negotiations with one or all of the tenderers, or any other party, with a view to entering into a contract in relation to the subject matter of the tender. b In accordance with clause 178(4) of the Local Government (General) Regulation 2005, the reason for Council hereby resolving to enter into negotiations with one or all of the tenderers or any other party and not inviting fresh tenders is that it is anticipated that a satisfactory outcome can be achieved with one of those contractors who demonstrate a capacity and ability to undertake the works. 2 Council delegate to the General Manager the authority to undertake and finalise the negotiations, firstly with the current tenderers and, in the event of failure of negotiations with those tenderers, any other contractor, with a view to entering into a contract in relation to the subject matter of the tender. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

ITEM 12 - TENDER T17/29 - WOLLONGONG MEMORIAL GARDENS FRONT QUADRANT GARDEN STAGE 3 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – 1 In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders received for Wollongong Memorial Gardens Front Quadrant Garden Stage 3. 2 In accordance with clause 178(3)(b) of the Local Government (General) Regulation 2005, Council invite fresh open tenders for the Wollongong Memorial Gardens Front Quadrant Garden Stage 3.

ATTENDANCE OF COUNCILLOR During debate and prior to voting on Item 13, Councillor Merrin returned to the meeting, the time being 10.16 pm.

EXTENSION OF MEETING TIME A PROCEDURAL MOTION was MOVED by Councillor Dorahy seconded Councillor Crasnich that the meeting time be extended to 10.45 pm. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED. A FURTHER PROCEDURAL MOTION was MOVED by Councillor Bradbery seconded Councillor Crasnich that the meeting time be extended to 10.55 pm. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

Minutes of Ordinary Meeting of Council 31 July 2017

ITEM 13 - END OF TERM REPORT 2012-2017 The following PROCEDURAL MOTIONS were MOVED and CARRIED to allow additional time for the following Councillors to address the meeting –  Moved by Councillor Blicavs seconded Councillor Dorahy – one minute for Councillor Crasnich; and  Moved by Councillor Crasnich seconded Councillor Dorahy – two minutes for Councillor Connor. 107 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Crasnich that the End of Term Report 2012-2017 be adopted.

ITEM 14 - JUNE 2017 FINANCIALS - PRELIMINARY AND PRE AUDIT RESULT The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – The financials be received and noted.

ITEM 15 - STATEMENTS OF INVESTMENTS - JUNE 2017 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – Council receive the Statements of Investments for June 2017.

ITEM 16 - CITY OF WOLLONGONG TRAFFIC COMMITTEE - MINUTES OF ELECTRONIC MEETINGS HELD ON 5 AND 26 JULY AND MEETING HELD ON 12 JULY 2017 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 94). COUNCIL’S RESOLUTION – In accordance with the powers delegated to Council, the Minutes and recommendations of the City of Wollongong Traffic Committee Meeting held on 12 July 2017 and the electronic meetings on5 and 26 July 2017 in relation to the Regulation of Traffic be adopted.

THE MEETING CONCLUDED AT 10.59 PM

Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 30 October 2017.

Chairperson

Minutes of Extraordinary Meeting of Council 9 October 2017

MINUTES EXTRAORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 9 October 2017

Present Lord Mayor – Councillor Gordon Bradbery OAM (in the Chair), Councillors Cameron Walters, Cath Blakey, Chris Connor, David Brown, Janice Kershaw, Jenelle Rimmer, John Dorahy, Leigh Colacino, Mithra Cox, Tania Brown and Vicky King

In Attendance General Manager – David Farmer, Director Infrastructure and Works, Connectivity Assets and Liveable City – Greg Doyle, Director Planning and Environment, Future City and Neighbourhoods – Andrew Carfield, Director Corporate Services, Connected and Engaged City (Acting) – Renee Campbell, Director Community Services, Creative and Innovative City (Acting) – Kylee Cowgill, Manager Governance and Information (Acting) – Clare Phelan, Manager Finance – Brian Jenkins, Manager Property and Recreation Peter Coyte, Manager Environmental Strategy and Planning (Acting) – Jason Brown, Manager City Works and Services – Mark Roebuck, Manager Project Delivery – Glenn Whittaker, Manager Infrastructure Strategy and Planning – Mike Dowd, Manager Community Cultural and Economic Development (Acting) – Susan Wardle, Manager Human Resources – Tom Tyrpenou and David Klein and Chris Clayton from Audit Office of NSW

Apologies Min No. 108 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor John Dorahy seconded Councillor Chris Connor that the apology tendered on behalf of Councillor Dom Figliomeni be accepted.

Minutes of Extraordinary Meeting of Council 9 October 2017

INDEX

PAGE NO.

Public Access Forum – Welcome to Councillors

Public Access Forum – Cringila - Underground Fire and General Upkeep

ITEM 1 Oath or Affirmation of Office

Suspension of Standing Orders

ITEM 2 Annual Financial Statements for the Year Ended 30 June 2017

ITEM 3 Election of Deputy Lord Mayor

ITEM 4 Appointment of Councillors to External Organisations and Section 355 Committees

ITEM 5 Renewal of the Lake Illawarra Estuary Management Committee

ITEM 6 Appointment of Council 'Local Expert' Members and Councillor Representatives on the Southern Joint Regional Planning Panel (JRPP)

ITEM 7 Council Meeting Cycle for balance of 2017 and 2018

ITEM 8 Councillor attendance at 2017 Local Government NSW Annual Conference

Item Laid on the Table - Call of the Agenda

ITEM 9 Tender T17/38 - Brokers Road Detention Basin Low Flow Box Culvert Rehabilitation Works

ITEM 10 August 2017 Financials

ITEM 11 Statements of Investments - July and August 2017

Minutes of Extraordinary Meeting of Council 9 October 2017

PUBLIC ACCESS FORUM – WELCOME TO COUNCILLORS Mr W Erwin extended a welcome to new and returning Councillors. He said that the previous Council turned around the future of Wollongong to a very bright and vibrant City. Whilst the previous Council did a good job the main focus was on the CBD and the development of West Dapto. In October 2011 the community and Council came together and developed a vision and goals for the whole of Wollongong and that vision and goals were the base for the Wollongong 2022 plan. The previous Council made a large amount of progress on some of those goals and less progress on others. Mr Erwin outlined some of the issues which need to be addressed such as illegal dumping, unemployment, the homeless and disadvantaged, the use of a temporary demountable building in the northern suburbs as a Library which services six suburbs and children from over ten schools, and ensuring that green space is not decreased. In conclusion, Mr Erwin asked Councillors to work together and listen to the community.

PUBLIC ACCESS FORUM – CRINGILA - UNDERGROUND FIRE AND GENERAL UPKEEP Ms P Loustos advised that in 2001 the Cringila community was assured that an underground fire, four metres from the Cringila Public School, was safe. Fast-forward to September 2017 and a concerned member of the public showed her pictures of this underground fire. Ms Loustos advised that she too had noticed an odd smell and residents had told her that it smelt like the Coke Ovens from years ago. When it was confirmed that the odour was coming from the underground fire, Ms Loustos telephoned a number of people including the Lord Mayor, School Principal and EPA. She also telephoned the company listed on the site fence and was advised that the company was contracted to clean-up the site, however, the company was no longer in existence. The Lord Mayor and Ms Loustos inspected the site and the Fire Chief asked them not to breathe in the vapour, as it was toxic. Ms Loustos wanted to know where was the documentation relating to the air monitoring of that site for the past 17 years and she also questioned why there was no signage on site. If the underground fire is considered safe, she asked why the odour could be smelt two streets away. She also requested to know who is responsible for that site and sought assurances that the children at Cringila Public School were safe. In conclusion, Ms Loustos said that Cringila did not stop at the Community Centre and the area was in need of footpaths on every street. The elderly are riding scooters on the roads and children deserve footpaths to walk to school. She had previously emailed photographs of an area where chards of glass and rocks litter the surface of an area dug up during 2015 when the NBN was installed and she said that children from the school walk over this area daily. She requested someone to come out to Cringila, get out of their cars and inspect this area before someone is injured.

109 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Cameron Walters that the speakers be thanked for their presentation and invited to table their notes.

CALL OF THE AGENDA A PROCEDURAL MOTION was MOVED by Councillor David Brown seconded Councillor Chris Connor that the Call of the Agenda lay on the table until later in the meeting.

Minutes of Extraordinary Meeting of Council 9 October 2017

ITEM 1 - OATH OR AFFIRMATION OF OFFICE 110 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Leigh Colacino that - 1 Councillors elect to either take the Oath of Office, or Affirmation of Office, in accordance with the Local Government Act. 2 The Oath of Office, or Affirmation of Office, be individually undertaken and conducted by the General Manager.

Subsequent to Council’s resolution, the General Manager proceeded to administer the Oath of Office, and Affirmation of Office.

The Affirmation of Office was undertaken by Councillors Gordon Bradbery, Cath Blakey, Mithra Cox, Chris Connor, Tania Brown, David Brown, Jenelle Rimmer and Janice Kershaw.

The Oath of Office was undertaken by Councillors John Dorahy, Cameron Walters, Leigh Colacino and Vicky King.

The Lord Mayor stated that on 29 September 2017, Councillor Dom Figliomeni swore the Oath of Office before the General Manager and signed the appropriate documents. The Lord Mayor tabled Councillor Figliomeni’s signed copy of the Oath.

The Lord Mayor advised that all Councillors had now taken the Affirmation or Oath of Office as required under Section 233 of the Local Government Act 1993.

SUSPENSION OF STANDING ORDERS 111 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Janice Kershaw that Standing Orders be suspended to allow the presentation of the Annual Financial Statements by the Audit Office of NSW.

Chris Clayton from the Audit Office of NSW addressed Council.

ITEM 2 - ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 112 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Jenelle Rimmer that - 1 The Annual Financial Statements be endorsed and an opinion be formed in the prescribed format (as per Attachments 4 and 5 to the report) on the General Purpose Financial Statement and the Special Purpose Financial Statement. 2 The audited Financial Statements, together with the Auditor’s report and Financial Commentary (Attachment 7 of the report) be presented to the public at the next Council meeting. 3 The speaker be thanked for his presentation.

Standing Orders were resumed.

Minutes of Extraordinary Meeting of Council 9 October 2017

ITEM 3 - ELECTION OF DEPUTY LORD MAYOR 113 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Mithra Cox that - 1 The Deputy Lord Mayor be elected for the term of one year. 2 An election be held by open voting.

The General Manager, as the Returning Officer, advised that in the order of receipt, two nominations had been received for Councillors David Brown and Leigh Colacino. On a show of hands, the following votes were recorded:  Councillor David Brown: Councillors Kershaw, Rimmer, D Brown, T Brown, King, Connor, Cox, Blakey and Bradbery  Councillor Colacino: Councillors Colacino, Walters and Dorahy The General Manager declared Councillor David Brown elected as Deputy Lord Mayor.

ITEM 4 - APPOINTMENT OF COUNCILLORS TO EXTERNAL ORGANISATIONS AND SECTION 355 COMMITTEES 114 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Tania Brown that - 1 Councillors be elected/appointed to the organisations and Committees listed in the report for the term of one year, excepting the City of Wollongong Traffic Committee. 2 Consideration of the Traffic Committee appointment be deferred until after a Councillor Briefing that covers the Charter and decision-making process for that Committee. 3 Elections be held by open voting for those positions where nominations exceed vacancies. 4 The General Manager be authorised to fill any remaining vacancies with staff appointments, that these appointments be for one year and the details of the appointments be included in an information note to Councillors.

In accordance with Part 1 of the resolution, the following Councillors were elected / appointed –

Association of Mining Related Councils: Moved by Councillor Kershaw seconded Councillor Colacino that Councillors Figliomeni and Connor be nominated as Council’s representatives on the Association of Mining Related Councils. There being no further nominations, Councillors Figliomeni and Connor were duly elected.

CivicRisk Mutual and CivicRisk West Boards Moved by Councillor Connor seconded Councillor D Brown that Councillor King be nominated as the Alternate Delegate and there being no further nominations, Councillor King was duly elected, noting that the Lord Mayor is Council’s Delegate.

Destination Wollongong Moved by Councillor T Brown seconded Councillor Connor that Councillor Colacino be nominated as Council’s representative and there being no further nominations, Councillor Colacino was duly elected.

Minutes of Extraordinary Meeting of Council 9 October 2017

Healthy Cities Illawarra Board No nominations were received.

Illawarra Bushfire Management Committee Moved by Councillor D Brown seconded Councillor Dorahy that Councillor Connor be nominated as Council’s representative and there being no further nominations, Councillor Connor was duly elected.

Illawarra District Noxious Weeds Authority Councillor King was initially nominated as Council’s representative, however, following the subsequent nomination of Councillor Blakey, Councillor King withdrew her nomination. Moved by Councillor Cox seconded Councillor Walters that Councillor Blakey be nominated as Council’s representative and there being no further nominations, Councillor Blakey was duly elected.

Illawarra ITEC Limited Board Moved by Councillor Colacino seconded Councillor D Brown that Councillor Walters be nominated as Council’s representative and there being no further nominations, Councillor Walters was duly elected.

Illawarra Performing Arts Centre Board Moved by Councillor D Brown seconded Councillor King that Councillor T Brown be nominated as Council’s representative. Moved by Councillor Dorahy seconded Councillor King that Councillor Colacino be nominated as Council’s representative. Moved by Councillor Blakey seconded Councillor D Brown that Councillor Cox be nominated as Council’s representative. There being three nominations for two vacancies, the General Manager conducted the election and on a show of hands, Councillors T Brown and Colacino were duly elected as Council’s representatives.

Illawarra Regional Airport Management Advisory Committee Moved by Councillor Colacino seconded Councillor Dorahy that Councillor Walters be nominated as the Delegate and there being no further nominations, Councillor Walters was duly elected as Council’s Delegate. Moved by Councillor D Brown seconded Councillor Walters that Councillor T Brown be nominated as the Alternate Delegate and there being no further nominations, Councillor T Brown was duly elected as the Alternate Delegate.

Illawarra Regional Information Service Moved by Councillor Kershaw seconded Councillor T Brown that Councillor Rimmer be nominated. Moved by Councillor Connor seconded Councillor Rimmer that Councillor King be nominated. Moved by Councillor T Brown seconded Councillor Rimmer that Councillor D Brown be nominated. There being three vacancies, Councillors Rimmer, King and D Brown were duly elected.

Illawarra Shoalhaven Joint Organisation Moved by Councillor Connor seconded Councillor Rimmer that Councillor D Brown be nominated as Council’s Alternate Delegate and there being no further nominations, Councillor D Brown was duly elected as the Alternate Delegate, noting that the Lord Mayor is Council’s Delegate.

Minutes of Extraordinary Meeting of Council 9 October 2017

Illawarra Sports Stadium Limited Moved by Councillor T Brown seconded Councillor Walters that Councillor King be nominated as Council’s representative and there being no further nominations, Councillor King was duly elected.

Illawarra Zone Liaison Committee – Rural Fire Service Moved by Councillor Kershaw seconded Councillor King that Councillor Connor be nominated as the Delegate and there being no further nominations, Councillor Connor was duly elected as Council’s Delegate. Moved by Councillor Cox seconded Councillor T Brown that Councillor Blakey be nominated as the Alternate Delegate and there being no further nominations, Councillor Blakey was duly elected as the Alternate Delegate.

Lachlan Regional Transport Committee Moved by Councillor Dorahy seconded Councillor Walters that Councillor Figliomeni be nominated as Council’s representative and there being no further nominations, Councillor Figliomeni was duly elected.

Public Libraries NSW SE Zone Moved by Councillor D Brown seconded Councillor Connor that Councillor Rimmer be nominated as Council’s representative and there being no further nominations, Councillor Rimmer was duly elected.

South East Australian Transport Strategy Moved by Councillor Connor seconded Councillor Colacino that Councillor Figliomeni be nominated as Council’s Delegate and there being no further nominations, Councillor Figliomeni was elected as the Delegate. Moved by Councillor Blakey seconded Councillor Rimmer that Councillor Cox be nominated as the Alternate Delegate and there being no further nominations, Councillor Cox was elected as the Alternate Delegate.

Floodplain Management Australia Moved by Councillor Colacino seconded Councillor Walters that Councillor Dorahy be nominated as Council’s representative. Moved by Councillor Rimmer seconded Councillor Connor that Councillor Kershaw be nominated as Council’s representative. There being two vacancies, Councillors Dorahy and Kershaw were duly elected as Council’s representatives.

Landcare Illawarra No nominations were received.

Australia Day Committee Moved by Councillor Rimmer seconded Councillor King that Councillor Connor be nominated as Council’s representative and there being no further nominations, Councillor Connor was duly elected, noting that the Lord Mayor is an automatic appointment to the Committee and is also the Chair.

Minutes of Extraordinary Meeting of Council 9 October 2017

ITEM 5 - RENEWAL OF THE LAKE ILLAWARRA ESTUARY MANAGEMENT COMMITTEE 115 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Tania Brown that - 1 Endorse the updated Terms of Reference for the Lake Illawarra Estuary Management Committee. 2 Endorse the continuance of current relevant member terms until the certification of the Lake Illawarra Coastal Management Plan. 3 Elect the three Councillor representatives to the Lake Illawarra Estuary Management Committee. 4 Elect a Chairperson for the Lake Illawarra Estuary Management Committee from the three Councillor Representatives. 5 The election of the Councillor representatives be undertaken by open means, on a show of hands. In accordance with Part 3 of the resolution, the following nominations were received – Moved by Councillor Brown seconded Councillor Colacino that Councillors King, Figliomeni and Walters be nominated as Council’s representatives. Moved by Councillor Cox seconded Councillor Blakey that Councillor Blakey be nominated as Council’s representative.

A PROCEDURAL MOTION was MOVED by Councillor Cox seconded Councillor Blakey that the nominees for appointment to the Lake Illawarra Estuary Management Committee speak for up to one minute on why they would like to be elected to that Committee. The PROCEDURAL MOTION on being PUT to the VOTE was LOST.

Following the vote taken on the Procedural Motion, there being four nominations for three vacancies, the General Manager conducted the election and on a show of hands Councillors King, Walters and Blakey were elected as Council’s representatives. Moved by Councillor Connor seconded by Councillor Rimmer that Councillor King be nominated as Chair of the Lake Illawarra Estuary Management Committee and there being no further nominations, Councillor King was elected Chair.

ITEM 6 - APPOINTMENT OF COUNCIL 'LOCAL EXPERT' MEMBERS AND COUNCILLOR REPRESENTATIVES ON THE SOUTHERN JOINT REGIONAL PLANNING PANEL (JRPP) 116 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor John Dorahy that - 1 Council endorse the advertising for expressions of interest for local expert representatives, namely the Delegate and Alternate Delegate on the Southern Regional Joint Regional Planning Panel and appointment of successful candidates by the General Manager. 2 Council endorse the extension of term for existing local expert representative, Mr Michael Mantei and Mr Mark Carlon (alternate delegate) until new appointments are finalised to provide suitable transitional arrangements on current matters. 3 Council formally thank Mr Mantei and Mr Carlon for their significant contributions. 4 The Councillor representatives, namely the Delegate and Alternate Delegate, be elected for a term determined by Council. 5 The election of the Councillor representatives be undertaken by open means, on a show of hands.

Minutes of Extraordinary Meeting of Council 9 October 2017

In accordance with Part 4 of the resolution, the following Councillors were nominated and elected - Moved by Councillor Rimmer seconded Councillor Connor that Councillor D Brown be nominated as Delegate. Moved by Councillor Blakey seconded Councillor Bradbery that Councillor Cox be nominated as Delegate. There being two nominations for one position, the General Manager conducted the election and on a show of hands, Councillor D Brown was elected as Council’s Delegate. Moved by Councillor D Brown seconded Councillor Colacino that Councillor Cox be nominated as the Alternate Delegate and there being no further nominations, Councillor Cox was elected as the Alternate Delegate.

ITEM 7 - COUNCIL MEETING CYCLE FOR BALANCE OF 2017 AND 2018 117 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Leigh Colacino that Council adopt the meeting cycle for the remainder of 2017 and 2018 as detailed in Option 1 of the report.

Note: Option 1 – a three-weekly meeting cycle -  Ordinary Council meetings held on a rolling three weekly cycle on a Monday commencing at 6.00 pm.  Councillor Briefing Sessions be held on the second and third Monday of the cycle commencing at 5.00 pm.  No Ordinary Council meetings or Councillor Briefing Sessions be held during a public school holiday period.  Additional Councillor Briefing Sessions be scheduled for Thursdays, when there is an urgent demand.

ITEM 8 - COUNCILLOR ATTENDANCE AT 2017 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 118 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Janice Kershaw that - 1 The Lord Mayor, the Deputy Lord Mayor and all Councillors be authorised to attend the 2017 Local Government NSW Annual Conference and associated functions. 2 Councillors nominate at this meeting to attend the 2017 Local Government NSW Annual Conference and associated functions. 3 A report be provided to the first Ordinary meeting of Council seeking nominations for voting delegates. With respect to Part 2 of the resolution, Councillors Tania Brown, Jenelle Rimmer and Mithra Cox advised that they would not be attending the Conference.

Minutes of Extraordinary Meeting of Council 9 October 2017

ITEM LAID ON THE TABLE - CALL OF THE AGENDA A PROCEDURAL MOTION was MOVED by Councillor David Brown seconded Councillor Leigh Colacino that the Call of the Agenda be taken off the table. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

119 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor David Brown seconded Councillor Leigh Colacino that the staff recommendations for Items 9, 10 and 11 inclusive, be adopted as a block.

ITEM 9 - TENDER T17/38 - BROKERS ROAD DETENTION BASIN LOW FLOW BOX CULVERT REHABILITATION WORKS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 119). COUNCIL’S RESOLUTION – 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of GT Civil Pty Ltd for the Rehabilitation of the Low Flow Box Culvert at Brokers Road Detention Basin, in the sum of $190,586.00, excluding GST. 2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

ITEM 10 - AUGUST 2017 FINANCIALS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 119). COUNCIL’S RESOLUTION – 1 The financials be received and noted. 2 Proposed changes in the Capital Works Program be approved.

ITEM 11 - STATEMENTS OF INVESTMENTS - JULY AND AUGUST 2017 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 119). COUNCIL’S RESOLUTION – Council receive the Statements of Investments for July and August 2017.

THE MEETING CONCLUDED AT 7.09 PM.

Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 30 October 2017.

Chairperson

Ordinary Meeting of Council 30 October 2017 A-1

File: LM-914.002 Doc: IC17/543 LORD MAYORAL MINUTE: JOB SECURITY FOR EMPLOYEES OF AUSTRALIAN ITEM C DISABILITY ENTERPRISES

In February 2018, the Fair Work Commission will undertake a review of the Supported Employment Services Award 2010, which will include the impact of job security for employees of Australian Disability Enterprises (ADEs). The Federal Government is proposing changing the way rates of pay are determined for ADE employees - moving from a skills-based wages system to a productivity-based wage tool. This will mean that employees will be paid based on how fast they work, rather than the skills required to complete the task and will increase the rate of pay for workers doing very simple jobs. ADEs are not-for-profit and are subject to normal economic pressures. These proposed changes will impact on an ADE’s profitability, through increasing wage costs, forcing them to move to automation or closing down due to loss of profitability. These proposed changes may result in making employment inaccessible to a number of people with disability. The Illawarra is home to three ADEs – Greenacres Disability Services, the Disability Trust and the Flagstaff Group, who provide a much needed service supporting more than 500 people with disabilities in employment. For people with a disability, working is about more than just receiving a wage. These workers not only earn an income, but build strong social connections, increase their self-esteem, gain independence and feel valued. Employment also provides their families and carers with access to respite, reduces social isolation and enables them to work or undertaken independent activities. Most importantly, work provides a place to make friends and build relationships and provides a purpose, routine and a sense of security. If an ADE were to close, the majority of supported employees would not be able to find work in the open market, as mainstream employers do not provide the additional support required. Workers would lose access to their support networks and social networks and the economy would lose productive workers and see an increase in welfare and support payments. On Tuesday 26 September 2017, I attended a rally organised by Greenacres Disability Services, alongside a number of local MPs to protest against any changes that would impact on job security for employees of ADEs. Hundreds of people attended the rally – employees, their families and members of the public who all recognise the important role that ADEs play in our community. At this rally, I pledged my support to the cause, to help protect the economic viability of the system for workers with a disability and protect the future economic viability of our local ADEs. I have also written to the Fair Work Commission to express my personal concern in regards to any proposed changes. As Council, we need to also support our three local ADEs – Greenacres Disability Services, the Disability Trust and the Flagstaff Group and the more than 500 people who are employed.

RECOMMENDATION I THEREFORE RECOMMEND Wollongong City Council write to the Minister for Social Services, Assistant Minister for Social Services and Disability Services and the Fair Work Commission to express Council’s support of our local Australian Disability Enterprises and object to moving from a skills-based wages system to a productivity-based wage mechanism.

Ordinary Meeting of Council 30 October 2017 1

File: CO-910.01.010 Doc: IC17/522 NOTICE OF MOTION - COUNCILLOR COLACINO - INSTALLATION OF PEDESTRIAN ITEM A CROSSING CORNER LAWRENCE HARGRAVE DRIVE AND HENLEY ROAD, THIRROUL

Councillor Colacino has submitted the following Notice of Motion – “I formally move that Council write to Roads and Maritime Services asking for consideration of a pedestrian crossing at or near the corner of Lawrence Hargrave Drive and Henley Road, Thirroul.”

Background provided by Councillor Colacino: Lawrence Hargrave Drive is becoming a more frequented road as each year comes and goes, especially when there is a closure of Bulli Pass, as well as on weekends and long weekends. The road becomes nothing more than a slow-moving parking station at times; however, this does not make it easier to cross, particularly for children. The confusion and frustration is adding to the risks of crossing this road. Also, the western side of Lawrence Hargrave Drive has a large residential footprint and these residents are becoming trapped in an area skirted by this road. The RMS is responsible for this road but it needs to know about the growing problem that the road is becoming for all users. Pedestrians, car users, and people old and young need greater consideration along the whole length of this road.

Ordinary Meeting of Council 30 October 2017 2

File: CO-910.01.002 Doc: IC17/527 NOTICE OF MOTION - COUNCILLOR COX - FLYING THE RAINBOW FLAG IN SUPPORT ITEM B OF DIVERSITY

Councillor Cox has submitted the following Notice of Motion – “I formally move that Council fly a rainbow flag on the flagpole outside Council's Burelli Street Administration Building until 17 November 2017 as – 1 Recognition the diversity of the people in our City and that this diversity is shown in many forms; and, 2 Flying the flag can stand as a symbol of Council's support for this diversity.”

Background provided by Councillor Cox: The marriage equality debate is having a serious and personal impact on members of our LGBTI community. Thousands of people who have been quietly living their lives in our City are being publicly judged and feeling shamed for their sexuality, their parenting choices and their families. Flying the rainbow flag outside the Council building is not advocating a Yes vote. It is a symbolic action to demonstrate to the LGBTI community in Wollongong that they have our support in this difficult time. Other Councils have already moved motions to fly a rainbow flag, including Tweed, Randwick, City of Sydney, Hobart, Moreland, Frankston, Bendigo, Ballarat, Albury, Hawkesbury, among many others. The Charter of the People of the City of Wollongong (adopted in 2004) reads in part: "We the people of Wollongong are determined: to maintain Wollongong as a culturally diverse tolerant and open society, united by an overriding commitment to our nation and its democratic institutions and values; And to these ends we will: actively promote the benefits of a cohesive, multicultural society; .... promote access and equity in service provision for all members of the community; address wherever possible the special needs of disadvantaged groups." One of our four vision statements from the Wollongong City Council Cultural Plan 2014-2018 is that "The visibility of our cultural diversity is increased". Flying a rainbow flag is a powerful symbol of inclusiveness and respect.

Ordinary Meeting of Council 30 October 2017 3

File: PP-2014/10 Doc: IC17/512 ITEM 1 DRAFT PLANNING PROPOSAL WESTS ILLAWARRA LEAGUES CLUB UNANDERRA

On 26 June 2017 Council resolved to prepare a draft Planning Proposal on behalf of Wests Illawarra Leagues Club for 19 allotments within the area bounded by Central Road, Maynes Parade, Hargraves Street and Blackman Parade, Unanderra, including parts of Council’s road reserve. The draft Planning Proposal was exhibited between 23 August and 20 September 2017. Two submissions were received. The purpose of this report is to provide feedback relating to the public exhibition. This report recommends the draft Planning Proposal be finalised under delegation issued by the NSW Department of Planning and Environment.

RECOMMENDATION The draft Planning Proposal for Wests Illawarra Leagues Club, Unanderra bounded by Central Road, Maynes Parade, Hargraves Street and Blackman Parade, Unanderra be progressed by: 1 Finalising the Planning Proposal that seeks to amend the Height of Buildings and Floor Space Ratio Maps to allow for a Maximum Building Height of 15m and Floor Space Ratio of 1.5:1, respectively; 2 The final Planning Proposal be referred to the NSW Department of Planning and Environment for the making of arrangements for drafting to give effect to the final proposal; and 3 Noting that the General Manager will thereafter proceed to exercise his delegation issued by the NSW Department of Planning and Environment under Section 59 in relation to the final proposal.

REPORT AUTHORISATIONS Report of: Jason Brown, Manager Environmental Strategy and Planning (Acting) Authorised by: Andrew Carfield, Director Planning and Environment - Future City and Neighbourhoods ATTACHMENTS 1 Site Locality Map and Current Zoning 2 Affected Properties Table 3 Height of Buildings Map 4 Floor Space Ratio Map

BACKGROUND In April 2014 a draft Planning Proposal request was submitted by TCW Consulting Pty Ltd on behalf of the Wests Illawarra Leagues Club, Unanderra for 40 allotments and parts of Council’s road reserve across Sites 1 to 3. Site 1 is located within the area bounded by Central Road to the east, Maynes Parade to the north, Hargreaves Street to the west and Blackman Parade to the south. The site covers an area of approximately 2.4 hectares and is zoned SP3 Tourist, bounded by Unanderra Park to the east, St. Pius X Catholic School to the west and R2 Low Density Residential to the south and north (Attachment 1). The Club site currently has a maximum permitted building height of 11m and floor space ratio of 0.5:1. Sites 2 and 3 covered 21 residential lots to the west and south of the club where a rezoning from a R2 Low Density Residential to a R3 Medium Density Residential zone was sought. The lots are subject to medium flood risk. On 15 June 2017 the applicant advised that the club did not wish to pursue rezoning at this time. These lots are not addressed in this report. The affected Lot and DP and property addresses for Site 1 are included in Attachment 2 to this report.

Ordinary Meeting of Council 30 October 2017 4

Figure 1 below demonstrates the Club site area.

Figure 1: Club site Development is currently comprised of the Wests Leagues Club building on the northern part of the site, and the Club car park on the southern part of the site, the Unanderra Fire Station and a vacant site to the north east. An unnamed laneway (Lane 97 on the attached maps) connecting Maynes Parade and Central Road separated the vacant site and Fire Station from the Club property site. Land ownership is comprised of West Illawarra Leagues Club, the NSW Fire and Rescue, three laneways and parts of the road reserve owned by Wollongong City Council. Negotiations between the Club and Council with regard to the closure and sale of these portions of road reserve have been

Ordinary Meeting of Council 30 October 2017 5

ongoing. The applicant has advised that negotiations with regard to the possible sale of the Fire Station site to the Club have commenced with the NSW Fire and Rescue. Wests Illawarra Leagues Club has lodged numerous applications that relate to the site as a Registered Club. Most recently, DA-2014/272 was approved on 30 May 2014 for alterations to an outdoor gaming room. Currently the Floor Space Ratio of approved buildings on the site is approximately 0.46:1. The rezoning proposal was initially reported to Council on 21 November 2016, when Council resolved that “this item be deferred to allow staff to consider additional flood study information as provided by the applicant.” On 15 June 2017, the applicant on behalf of Wests Illawarra Leagues Club advised that the Club did not wish to pursue the rezoning of Sites 2 and 3 at this time. On 26 June 2017 Council considered the draft Planning Proposal request and resolved to prepare a draft Planning Proposal for Wests Illawarra Leagues Club, Unanderra (Site 1 only) to amend the Height of Buildings and Floor Space Ratio planning controls. Council resolved: 1 A draft Planning Proposal be submitted to the NSW Department of Planning and Environment for the Wests Illawarra Leagues Club Site (Site 1), 19 lots on Central Road, Maynes Parade and Hargreaves Street, Unanderra seeking a Gateway determination to amend the Wollongong Local Environmental Plan 2009 Height of Buildings and Floor Space Ratio Maps to allow for a maximum building height of 15m and Floor Space Ratio of 1.5:1, respectively. 2 Following the Gateway determination, the draft Planning Proposal be exhibited for 28 days. 3 The NSW Department of Planning and Environment be requested to issue authority to the General Manager to exercise plan making delegations in accordance with Council’s resolution of 26 November 2012 noting that the draft Planning Proposal includes roads and lanes under Council control. 4 The proposed rezoning of Sites 2 and 3 not be supported and the current R2 Low Density Residential zone, 9m Height of Buildings and 0.5:1 Floor Space Ratio development standards be retained. 5 The proposed additional permitted uses of Seniors Housing on Site 1 and Tourist and Visitor Accommodation on Sites 2 and 3, in Schedule 1 of Wollongong Local Environmental Plan not be supported. A draft Planning Proposal was submitted to the NSW Department of Planning and Environment and Gateway determination was issued on 8 August 2017. The draft Planning Proposal was exhibited from 23 August to 20 September 2017.

PROPOSAL This report seeks resolution to finalise the draft Planning Proposal Wests Illawarra Leagues Club, Unanderra, and amendments to the Wollongong LEP 2009 by:  Increasing the Height of Buildings for the site from 11m to 15m, in accordance with Attachment 3.  Increasing the Floor Space Ratio for the site from 0.5:1 to 1.5:1, in accordance with Attachment 4. No change to the SP3 Tourist zone is proposed.

CONSULTATION AND COMMUNICATION The draft Planning Proposal was exhibited from 23 August to 20 September 2017. The exhibition was advertised via public notice in the Illawarra Mercury and Advertiser, as well as through Council’s website. The webpage was visited by 41 persons and 23 documents were downloaded.

Ordinary Meeting of Council 30 October 2017 6

Copies of the suite of documents were available for viewing at Council’s Customer service desk, Wollongong and Unanderra libraries, and on Council’s website. Landowners immediately adjacent to the site were informed in writing of the exhibition period. As a consequence of the exhibition two submissions were received from statutory authorities. These have been summarised below. No community submissions were received.

Issues raised in submission Comment NSW Roads and Maritime Services Traffic Did not object to the Planning Proposal in principle however Council staff reviewed the traffic provided the following comments: information submitted with the Planning Proposal and raised no It is more appropriate for Council to monitor and manage the objection in principle to the impacts of any future development on the ongoing performance of proposal. Any traffic impacts can the Princes Highway; be managed as part of the The development is likely to impact upon the safety and efficiency development application stage. of the network. Consideration should also be given to the increased pedestrian traffic that any future development will generate including how desire lines can best be catered for; If any changes are proposed to the existing traffic signals to ameliorate the impacts of the future development at the intersection of Central Avenue, Blackman Parade and Nudjia Parade, Unanderra for vehicles and/or pedestrians (e.g. changes to phasing, crossing times, etc) or results in works within 100m of the signals, RMS comments will be required and approval may be necessary under Section 87 of the Roads Act, 1993; There are already long delays for the right turn movements out of Nudjia Road (Level of Service F) and that these delays are predicted to lengthen should future development facilitated by this Planning Proposal proceed. It is a matter for Council to monitor and manage the ongoing performance of the Princes Highway and Nudjia Road junction/intersection; and Appropriate mechanisms should be in place for developer funding of road/transport infrastructure that may be required as a result of future development of the land covered by the Planning Proposal (e.g. planning agreement, amendment to / creation of a Section 94 Plan, etc). This ensures that any necessary infrastructure upgrades required as a result of future development are provided. NSW Office of Environment and Heritage Noted Response indicated no comment in relation to the Planning Proposal.

OTHER KEY ISSUES FOR CONSIDERATION Flooding There is sufficient flood information to support the increased height and Floor Space Ratio for the Club site. A detailed assessment can be carried out in conjunction with future development applications.

Ordinary Meeting of Council 30 October 2017 7

Visual Impact The proposed changes in height and Floor Space Ratio could result in development that would be visually prominent. Impacts of this change will need to be considered and be managed as part of the development application process.

PLANNING AND POLICY IMPACT The policies and strategies which are of interest to the Planning Proposal are considered below: Illawarra Shoalhaven Regional Plan (2015) The Illawarra Shoalhaven Regional Plan (2015) aims to ensure that sufficient housing and employment opportunities are available to cater for this growth and identifies areas where housing and employment areas should be located. Unanderra is identified as a Major Regional Centre which presents significant opportunities for urban renewal. The draft Planning Proposal is considered to be generally consistent with the Illawarra Shoalhaven Plan. Wollongong 2022 Community Strategic Plan This report contributes to the delivery of Wollongong 2022 goal “we value and protect our natural environment” and “we are a healthy community in a liveable city”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2017-18 Strategy 5 Year Action Annual Deliverables 1.6.1 Our urban environment minimizes 1.6.1.1 Review of planning Continue to assess Planning impacts on habitat and controls for Proposals against environmental biodiversity and areas of high environmentally sensitive strategies, including the Illawarra conservation value are protected. locations Biodiversity Strategy, the Illawarra Escarpment Strategic Management Plan and the Farmborough Heights to Mt Kembla Strategic Plan. 5.1.5 The long term needs of the 5.1.5.1 Continue to undertake Assess rezoning submissions and community, including our people social, land use and progress supported Planning and our places are effectively environmental planning Proposals. planned for. activities that assists in service planning

Ordinary Meeting of Council 30 October 2017 8

FINANCIAL IMPLICATIONS Council is the owner of three allotments which are included within the draft Planning Proposal area. Negotiations have been ongoing with Wests Illawarra Leagues Club on the proposed closure and sale of several portions of road reserve adjoining the Club. Discussions regarding the reclassification and sale of land to the Club are ongoing. The portions of road reserve of interest are identified in Figure 2 below. These matters will be subject to a separate process and will require separate reporting to Council.

Figure 2: Portions of road reserve

CONCLUSION This report documents submissions resulting from exhibition of the draft Planning Proposal Wests Illawarra Leagues Club, Unanderra. The exhibition has not raised issues to prevent progression of the Planning Proposal. It is recommended that the draft Planning Proposal be progressed to finalisation, to amend the Wollongong LEP 2009, under delegation issued by the NSW Department of Planning and Environment.

Ordinary Meeting of Council 30 October 2017 9 Item 1 - Attachment 1 - Site Locality Map and Current Zoning

Ordinary Meeting of Council 30 October 2017 10 Item 1 - Attachment 2 - Affected Properties Table

Ordinary Meeting of Council 30 October 2017 11 Item 1 - Attachment 3 - Height of Buildings Map

Ordinary Meeting of Council 30 October 2017 12 Item 1 - Attachment 4 - Floor Space Ratio Map

Ordinary Meeting of Council 30 October 2017 13

File: ESP-080.03.003 Doc: IC17/513 ITEM 2 CERTIFICATION OF THE WOLLONGONG COASTAL ZONE MANAGEMENT PLAN

The Wollongong Coastal Zone Management Plan was submitted, with Council endorsement, to the NSW Minister for Environment in December 2016, for certification as required under the Coastal Protection Act 1979. The Minister has advised that the Plan can be certified after Council has addressed the concerns raised by the Department of Industry – Lands & Forestry on the Plan. The Coastal Zone Management Plan has been updated to address these concerns. This report is seeking Council endorsement of the updated Plan and its resubmission to the Minister for Environment for certification.

RECOMMENDATION The updated Wollongong Coastal Zone Management Plan be endorsed and be resubmitted to the Minister for Environment for certification under the Coastal Protection Act 1979.

REPORT AUTHORISATIONS Report of: Jason Brown, Manager Environmental Strategy and Planning (Acting) Authorised by: Andrew Carfield, Director Planning and Environment - Future City and Neighbourhoods ATTACHMENTS 1 Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan 2 Updated Wollongong Coastal Zone Management Plan - Management Study - pages 2 and 15 3 Updated Wollongong Coastal Zone Management Plan - Management Study Appendices - page C4

BACKGROUND Purpose of a Coastal Zone Management Plan Council has a statutory requirement to consider the risks from coastal processes, occurring both now and potentially into the future, in any planning and development decisions it makes in relation to its coastal zone. A Coastal Zone Management Plan (CZMP), prepared in accordance with the provisions of the Coastal Protection Act 1979, provides direction on this matter. These provisions require the CZMP to be submitted to the Minister administering the Coastal Protection Act 1979, for certification that it has been prepared according to State Government guidelines. After certification, Council needs to adopt the CZMP and publish it in the Government Gazette, before implementing it. A certified CZMP is particularly important for two reasons. Firstly, Council can have greater protection from liability for implementing planning and development decisions from a CZMP, if it is certified. Secondly, certification is necessary for Council to be eligible to apply for funding support from the State’s Estuary and Coastal Management Grants Program to implement actions from the CZMP. The Wollongong Coastal Zone Management Plan The Wollongong Coastal Zone Management Plan sets out actions that Council (and potentially other agencies) can take to manage properties and assets at risk, now or into the future, from coastal storms, climate change and sea level rise. The CZMP was prepared in two stages. The first stage identified the land extents potentially exposed to these coastal hazards up to the 2100 timeframe, and the second stage used a risk-based approach to identify the properties and assets at highest risk, and recommend management actions to address those risks. Most of the actions in the CZMP relate to assets under Council’s care and control, such as boat harbours, stormwater assets, surf clubs, ocean pools, cycleways, roadways and parking, and beaches and dunes. There are a few actions, however, that have implications for private properties. These include the recommendation to formalise the development assessment process for affected properties by updating the Wollongong Development Control Plan to cover coastal hazards; the proposed voluntary acquisition of two properties in Thirroul; the investigation of a management strategy for properties

Ordinary Meeting of Council 30 October 2017 14

potentially at risk in Woonona in the future; and provisions for a seawall to be constructed to protect properties around the Thirroul headland. Outcome of the Submission for Certification Council, at its meeting of 21 November 2016, endorsed the submission of the CZMP for certification, and the submission was made on 9 December 2016. Council has now been advised by the Minister for Environment that the CZMP is eligible for certification, pending it being updated to address the concerns raised by the Department of Industry – Lands & Forestry, who are the current manager of the land (Crown Land) to which some of the CZMP actions relate. Section 55C (2)(b) of the Coastal Protection Act 1979 requires that the CZMP must not include any proposed actions or activities to be carried out by any public authority, or relating to any land or assets owned or managed by a public authority, unless the public authority has agreed to the inclusion of those proposed actions or activities. The Department of Industry – Lands & Forestry has written to Council outlining its concerns with the CZMP. These were few and relate mostly to the lack of explicit statements in the CZMP that the participation and consent of the Department of Industry – Lands & Forestry will be required in the implementation of the actions relating to Crown Land. Council officers have contacted the Department of Industry – Lands & Forestry and the Office of Environment and Heritage to address these concerns and have updated the CZMP accordingly. The changes made (as described in the next section) do not result in any significant shift in the management strategy or the actions recommended in the CZMP, but rather recognise the role of the Department of Industry – Lands & Forestry, as the current manager of Crown Lands, in implementing some related actions. Changes made to the Coastal Zone Management Plan The changes made to the documents making up the CZMP are listed in Table 1. Attachments 1, 2, and 3 are the actual documents or pages from these documents showing where changes have been made. The documents making up the Management Study and the Management Study Appendices are about 300 pages, and since changes were required on only one or two pages, the entire documents are not attached, but rather only the relevant pages, showing where changes have been made. The main changes overall are inserting sentences alongside management actions relating to Crown Land that these actions are contingent upon Council obtaining regulatory approval, as appropriate, from the Department of Industry – Lands & Forestry, and updating the agency name for Crown Lands. The changes made are acceptable to the Department of Industry – Lands & Forestry, and they have now issued a letter in support of the updated CZMP. Therefore, all requirements for certification should now be met. Table 1 Changes made to the CZMP documents Wollongong Coastal Zone Management Plan – Implementation Action Plan Page Section Changes made

i Contents Page references updated. 8 Description Following sentence added at end of section to recognise implications of implementing beach management actions on Crown Lands. “The beach management actions noted below for individual beaches would be subject to the appropriate regulatory and approval processes under the Crown Lands Act 1989”. 10 Relevant Programs and Possible “South East Local Land Services” inserted in place Funding Opportunities of “SRCMA”, which now does not exist. 19 Description Following two sentences added at end of first paragraph to recognise implications of potential Aboriginal Land Claims on actions proposed on

Ordinary Meeting of Council 30 October 2017 15

Wollongong Coastal Zone Management Plan – Implementation Action Plan Page Section Changes made Crown Land. “Where actions are proposed on Crown Land, consideration of Aboriginal Land Claims lodged under the NSW Aboriginal Land Rights Act 1983 will need to occur. In addition, any works will need to be compliant with the Commonwealth Native Title Act 1993.” 21 Action List I.2 Following paragraph added to recognise and implications of implementing infrastructure works on 22 or adjacent to Crown Land. “Land status and management arrangements relevant to these actions will need to be clarified. It is highly likely that upgrades to existing infrastructure or new infrastructure may be sited partly or fully on Crown Land. As a result, landowner consent and/or authorisation of the proposed works by way of Crown Land tenure/s is likely to be required in order to formalise the occupation of Crown Land and define ongoing maintenance responsibilities”. 22 Actions I.4 and I.6 “NSW Public Works” removed from Responsibilities column, as no agreement secured with them to include them in the list for these infrastructure- related actions. 27 Action P.2 Following paragraph added to recognise implications of implementing ocean pool actions on or adjacent to Crown Land. “Land status and management arrangements relevant to these actions will need to be clarified. It is highly likely that upgrades to existing infrastructure or new infrastructure may be sited partly or fully on Crown Land. As a result, landowner consent and/or authorisation of the proposed works by way of Crown Land tenure/s is likely to be required in order to formalise the occupation of Crown Land and define ongoing maintenance responsibilities”. 27 Actions P.4 and P.5 “WCC” added to Responsibilities column as this was left out in the previous version. 38 Action S.3 Following paragraph added to recognise implications of implementing seawall actions on or adjacent to Crown Land. “Land status and management arrangements relevant to these actions will need to be clarified. It is highly likely that upgrades to existing infrastructure or new infrastructure may be sited partly or fully on Crown Land. As a result,

Ordinary Meeting of Council 30 October 2017 16

Wollongong Coastal Zone Management Plan – Implementation Action Plan Page Section Changes made landowner consent and/or authorisation of the proposed works by way of Crown Land tenure/s is likely to be required in order to formalise the occupation of Crown Land and define ongoing maintenance responsibilities”. 39 Action S.10 Agency reference for Crown Lands updated to “DoI – Lands & Forestry”. 39 Relevant Programs and Possible 4th dot point relating to funding from the Lake Funding Opportunities Illawarra Authority deleted, as this agency no longer exists. 46 Actions SP.1 and SP.2 Only “WCC” retained in Responsibilities column, as no formal agreement secured with the other listed agencies for them to be included. 54 Relevant Programs and Possible Agency reference for Crown Lands updated to Funding Opportunities Department of Industry – Lands & Forestry. 56 Action W.2 “DoI – Lands & Forestry” added to Responsibilities column at their request, as they wish to be involved with WCC in preparing Plans of Management for Crown Lands. 68 Acronyms Agency reference for Crown Lands updated. Wollongong Coastal Zone Management Plan – Management Study 2 1.2 Study Areas Agency reference for Crown Lands updated to Department of Industry – Lands & Forestry. 15 2.2.6 Crown Lands Act 1989 Agency reference for Crown Lands updated to Department of Industry – Lands & Forestry. Wollongong Coastal Zone Management Plan – Management Study Appendices C-4 Crown Lands Act 1989 Agency reference for Crown Lands updated to Department of Industry – Lands & Forestry.

PROPOSAL Council is recommended to endorse the updated Coastal Zone Management Plan and its resubmission to the Minister for Environment for certification. The Coastal Protection Act 1979, under which it was prepared, is soon to be repealed and replaced by the Coastal Management Act 2016, and a new policy framework for coastal management in the State will then prevail. The opportunity to resubmit the CZMP for certification is available only up to when this change occurs, and this change is believed to be imminent. Once certified, however, transitional arrangements under the Coastal Management Act 2016 will ensure CZMPs remain valid for use until December 2021, after which compliance with the new policy framework will be required. A certified Coastal Zone Management Plan will, therefore, ensure Council has ample lead time to plan and undertake the activities necessary to meet the new framework requirements.

Ordinary Meeting of Council 30 October 2017 17

CONSULTATION AND COMMUNICATION Council officers have been consulting with the Office of Environment and Heritage throughout the process of preparing the Coastal Zone Management Plan, and during its most recent update. The Office of Environment and Heritage supports Council resubmitting the updated Coastal Zone Management Plan for certification.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We value and protect our environment”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2017-18 Strategy 5 Year Action Annual Deliverables

1.2.1 A suite of actions to manage 1.2.1.1 Finalise and implement Continue to monitor and participate and protect against the future the Coastal Zone in the NSW Coastal Reforms risks of sea level rise is enacted Management Plan

FINANCIAL IMPLICATIONS There are no financial implications arising from resubmitting the updated Coastal Zone Management Plan for certification. Its implementation will have financial implications, which can be addressed through Council’s existing budgetary planning processes, and with the opportunity to access grant funding from programs which support the implementation of certified CZMPs. Many of the actions in the CZMP, however, only need to be implemented when there is clear indication that hazards forecast are being realised. A beach and dune monitoring program is currently in place at Council to assist with identifying such trigger points.

CONCLUSION The matter preventing certification of the Wollongong Coastal Zone Management Plan as previously submitted to the Minister for Environment were the concerns raised by the Department of Industry – Lands & Forestry. These concerns have been addressed and the Department of Industry – Lands & Forestry is now supportive of the updated Coastal Zone Management Plan. With this, all requirements for certification should now be met, and Council is recommended to resubmit the updated Coastal Zone Management Plan for certification to the Minister for Environment.

Ordinary Meeting of Council 30 October 2017 18 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 19 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 20 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 21 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 22 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 23 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 24 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 25 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 26 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 27 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 28 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 29 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 30 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 31 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 32 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 33 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 34 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 35 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 36 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 37 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 38 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 39 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 40 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 41 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 42 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 43 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 44 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 45 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 46 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 47 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 48 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 49 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 50 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 51 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 52 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 53 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 54 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 55 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 56 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 57 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 58 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 59 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 60 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 61 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 62 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 63 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 64 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 65 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 66 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 67 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 68 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 69 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 70 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 71 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 72 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 73 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 74 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 75 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 76 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 77 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 78 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 79 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 80 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 81 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 82 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 83 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 84 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 85 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 86 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 87 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 88 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 89 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 90 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council 30 October 2017 91 Item 2 - Attachment 1 - Updated Wollongong Coastal Zone Management Plan - Implementation Action Plan

Ordinary Meeting of Council Item 2 - Attachment 2 - Updated Wollongong Coastal Zone 30 October 2017 92 Management Plan - Management Study - pages 2 and 15

Ordinary Meeting of Council Item 2 - Attachment 2 - Updated Wollongong Coastal Zone 30 October 2017 93 Management Plan - Management Study - pages 2 and 15

Ordinary Meeting of Council Item 2 - Attachment 2 - Updated Wollongong Coastal Zone 30 October 2017 94 Management Plan - Management Study - pages 2 and 15

Ordinary Meeting of Council Item 2 - Attachment 3 - Updated Wollongong Coastal Zone 30 October 2017 95 Management Plan - Management Study Appendices - page C4

Ordinary Meeting of Council Item 2 - Attachment 3 - Updated Wollongong Coastal Zone 30 October 2017 96 Management Plan - Management Study Appendices - page C4

Ordinary Meeting of Council 30 October 2017 97

File: PR-005.08.053 Doc: IC17/486 PROPOSED RECLASSIFICATION AND SALE OF LOT 505 DP833242 MURRANAR ROAD ITEM 3 TOWRADGI

This report is submitted to obtain the approval of Council to the reclassification of Lot 505 DP833242 at Murranar Road, Towradgi, from Community land to Operational land for sale to the Illawarra Retirement Trust.

RECOMMENDATION 1 A draft Planning Proposal be prepared to amend the Wollongong Local Environmental Plan (LEP) 2009 to reclassify Lot 505 DP833242, Murranar Road, Towradgi from Community Land to Operational Land. 2 The draft Planning Proposal be referred to the NSW Department of Planning and Environment for a Gateway determination. 3 Following the Gateway determination, the draft Planning Proposal be exhibited for a minimum period of 28 days, and a public hearing be held as part of the exhibition. 4 The Department of Planning and Environment be advised, that as the draft planning proposal involves Council land, Council does not seek to utilise its plan making delegations to finalise the draft planning proposal. 5 Following the exhibition, a report on the exhibition, public hearing and submissions received be presented to Council for consideration. 6 Upon reclassification, Council approve the sale of the land to the Illawarra Retirement Trust. 7 The General Manager be authorised to finalise the sale price and terms of the sale of the land. 8 The Common Seal of Council be applied to any documentation necessary to finalise the sale.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services – Creative and Innovative City (Acting) ATTACHMENTS 1 Plan - Proposed Reclassification and Sale of Lot 505 DP 833242 - Murranar Road Towradgi to the IRT

BACKGROUND Lot 505 DP833242 at Murranar Road, Towradgi, is zoned R2 Low Density Residential, is flood affected, bush fire prone and measures 4426sq.m. Lot 505 was previously known as Lots 502 and 503 DP719704 which were consolidated at some time between November 1990 and November 1994. On 26 November 1990 Council resolved to “authorise the leasing of Lots 502 and 503 DP719704 to the Illawarra Retirement Trust (IRT) for a term of twenty-one (21) years at a peppercorn annual rental market of $100 per year with an option to sell the land to the Illawarra Retirement Trust at a mutually acceptable value”. The Illawarra Retirement Trust (IRT) specialises in seniors lifestyle and care requirements and has been in operation for over 40 years in the Illawarra. On 24 February 1992 Council resolved to increase the term of the lease from 21 years to 50 years [backdated to 1 January 1991] and obtained approval from the Minister for Local Government to do so. The reason for the increase was that the IRT had received funding from the Commonwealth Government for the construction of 14 residential units on the land which depended on the IRT securing a lease which was greater than 25 years. The rent for the duration of the lease was determined at $100 per annum plus GST and all outgoings.

Ordinary Meeting of Council 30 October 2017 98

On 23 November 1994 Council entered into a “Deed of Option” with the IRT in which Council agreed to grant it an option to purchase Lot 505 DP833242, at market value [at time option is exercised] excluding any improvements effected by the IRT. The option ends at 5 pm, 31 December 2040. The Local Government Act was amended in 1993 and an important change was in the way Council managed its land holdings. The Act required Council to classify its land holdings as either community land or operational land. Given the long term lease and the Option to Purchase approved by Council it would have been appropriate at that time to classify the land as Operational Land. However, the land was classified as Community Land. On 28 February 2014 the IRT wrote to Council seeking to acquire Lot 505 DP833242 through direct negotiation as it wishes to redevelop its facilities due to the ageing of its existing assets and to provide self-care apartments. The proposal is consistent with the IRT’s mission “to create communities where older people achieve an optimum quality of life”. The letter is consistent with Option 5.4 of the “Deed” which states “The Option can be exercised by the Trust delivering to the Council…. a written notice…. exercising the Option signed on behalf of the Trust and addressed “For the personal attention of the General Manager””. As more than 12 months have passed since the exercise of the option, under section 4.2 of the “Deed” the option is deemed not to be exercised “If notwithstanding the satisfaction by the Council of its obligations under this sub-clause any legal impediment to sale of the land remains after expiration of 12 months following its exercise, the Option will be deemed not to have exercised and will continue to be exercisable on all of the terms and conditions of this deed… until the expiry of the Option Period”. Contributing to the delay was the fact that the land is Community land and appropriate due diligence was required to be undertaken as part of the reclassification process to operational land. This included:  Internal communication between the various sections seeking approval to the reclassification and sale.  Notification sent to local residents seeking comments on the proposed reclassification and sale and an advertisement in the Wollongong Advertiser.  Also Council was required to engage a local archaeological firm to prepare an Aboriginal Cultural Heritage Assessment Report (ACHAR) and Archaeological Report (AR). These were required as it was understood that there was one Aboriginal cultural heritage site located within the land known as Towradgi Access Lane (52-2-2196) and registered in the Aboriginal Heritage Information Management System (AHIMS). There are also a further five sites registered within one kilometre of the land. The ACHAR revealed that the site known as Towradgi Access Lane (52-2-2196) is not located within the land and no additional Aboriginal cultural heritage sites were identified during the survey. The AR revealed that the land was of low archaeological significance. Both reports have been submitted by Biosis to the Office of Environment and Heritage for comment and to date no comments have been received. Direct Negotiation Council has taken a decision to provide IRT with an Option to Purchase and IRT is seeking to exercise that option. Once the land is reclassified it is not subject to the tendering requirements of the Local Government Act. However, Council’s Policies must be considered along with the ICAC recommendations on Direct Negotiation Council’s Land and Easement Acquisition and Disposal Policy lists a number of circumstances where Council can directly negotiate the sale of land with a proponent. One circumstance is “where Council is bound by a contractual obligation” as in this instance. Another circumstance is “in response to a proposal which achieves specific policy goals of Council”. The proposal by the IRT meets Council’s Wollongong 2022 Community Strategic Plan, specifically community goal number 5 “We are a healthy community in a liveable city”. The objectives and strategies of the goal are listed in the table below.

Ordinary Meeting of Council 30 October 2017 99

OBJECTIVE STRATEGY 5.1- There is an increase in the physical 5.1.1 We work in partnership to build on opportunities to fitness, mental health and emotional well strengthen vulnerable communities. being of all our residents. 5.1.2 Child-friendly and age-friendly principles are incorporated in design, planning and service delivery within the city.

5.1.3 Residents have improved access to affordable and timely medical services.

5.1.6 The long term needs of the community, including our people and our places, are effectively planned for. 5.2- Residents have improved access to a 5.2.1 Housing choice in the Wollongong LGA is range of affordable housing options. improved taking into account population growth, community needs and affordability. 5.5- Participation in recreational and lifestyle 5.5.3 Healthy, active ageing programs are promoted in activities is increased. partnership with government agencies and community organisations. 5.6-Residents have a high level of life 5.6.1 Projects that build on community strengths are satisfaction and personal happiness. encouraged.

The Independent Commission Against Corruption has issued guidelines called first principles regarding direct negotiation, they are highlighted in italics below. Obtaining best value for money - “Obtaining best value for money is a fundamental principle of public sector work. When it is known that there are other proponents who could feasibly compete for a contract, agreeing to direct negotiate with a single person increases the risk that the agency may not receive best value for money”. The purchase price has been assessed at an independent market value. The valuation has been conducted on a “before and after basis” which values the current IRT property without the land sought and the value of the IRT land and Council land. The valuation is determined not by a square metre rate for Council’s land but based on the value that Council’s land adds to the IRT land. Providing a fair chance to do business with Government -“Doing business with government is a key driver of economic activity and many private firms and not-for-profit organisations rely on access to government contracts in order to stay in business. Direct negotiations can unfairly exclude capable firm that employ staff, pay taxes and contribute to the economy. The only physical access to Lot 505 DP833242 is through adjoining IRT land being Lot 1 DP704687 and Lot 300 DP571212 known as Towradgi Park Village. If Council wished to sell the land on the open market it would need to create a Right of Carriageway through its adjoining community land known as Towradgi South Beach Park i.e. Lot 203 DP241908 and Lot 501 DP719704 and there would likely be strong community opposition to this proposal. Demonstrating accountability and transparency - “Accountability and transparency are related concepts. Accountability involves keeping good records that leave an audit trail. Transparency means opening processes to allow scrutiny and criticism”. A valuation report was obtained from the professional valuer, Walsh and Monaghan in November 2014. The valuer was instructed to value the land as if the only available “market” for its sale was the IRT. The market value of the land (as per the valuation report) was determined at $675,000 plus GST. The IRT agreed to this amount on 30 January 2015.

Ordinary Meeting of Council 30 October 2017 100

The land was advertised in the Wollongong Advertiser for reclassification and sale to the IRT on 9 December 2015 and a letter sent to local residents. Two comments were received. One was in support of the reclassification and sale as long as the land remained in the ownership of the IRT. The other was that the sale of the land to the IRT for development might increase traffic on Edgar Street which is “very narrow”. This concern would be taken into consideration and addressed at the development application stage. Dealing with Conflicts of Interest - “Direct negotiations can create an environment where private interests could influence or be seen to influence the outcome of the contract”. Council’s policies require that where an officer has a personal interest that could have an impact on the matter they undertake their public responsibilities they are to declare the conflict and have an approved process to eliminate the conflict. Council officers involved have declared no conflict. In addition the final decision rests with Council.

PROPOSAL It is proposed to reclassify Lot 505 DP833242 Murranar Road, Towradgi to operational land for sale to the adjoining lot owner, the IRT. As the reclassification is likely to take at least 12 months (if approved) and four years will have elapsed since the previous valuation report was provided, an updated valuation report will be obtained. The Deed of Option calls for the land to be sold at current market value. The valuer will be instructed as before i.e. to value the property as if the only available “market” for it was the IRT. If the land value has increased the purchase price will increase and if it decreases the purchase price will remain at $675,000 plus GST. The land will not be sold to the IRT until a mutually agreeable purchase price is reached. In conjunction with this Council will require condition d) of the letter of consent from the IRT to be revisited namely “The purchase price being reduced by $42,000 for every apartment that is not approved below 78 apartments”.

CONSULTATION AND COMMUNICATION Illawarra Retirement Trust Various internal sections including the following; Heritage Officer Strategic Land Use Planning Manager Flood Plain Manager Coordinator Civil Design Environment Planning Manager City Maintenance Manager Infrastructure Strategy Manager Senior Geotechnical Engineer Coordinator Parks North Records Management Letters forwarded to local residents within a 2 km radius Biosis (local archaeological firm) Office of Environment and Heritage Illawarra Local Aboriginal Land Council

Ordinary Meeting of Council 30 October 2017 101

Numerous local Aboriginal groups (as part of the Aboriginal Cultural Heritage Assessment report and Archaeological report, see both reports) The land was advertised in the Wollongong Advertiser for reclassification and sale to the IRT on 9 December 2015 Walsh and Monaghan, Property Valuers If Council resolves to draft a draft planning proposal, and the NSW Department of Planning and Environment issues a favourable Gateway determination, the draft planning proposal will be exhibited for a minimum period of 28 days. As the draft planning proposal includes the reclassification of Council land, a public hearing is required to be held as part of the exhibition process. Following the exhibition and public hearing, a report on the exhibition outcomes and submissions received will be presented to Council for determination on whether to progress the Planning Proposal to finalisation.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 Community Strategic Plan under the objective 5.1.6 “The long term needs of the community including our people and our places are effectively planned for”. This falls under Community Goal five “We are a healthy community in a liveable city”.

It specifically delivers on the following core business activities as detailed in the Property Services Service Plan 2017-18.

 Sale and purchase of land on behalf of Council  Work with tenants and Infrastructure Strategic Planning to improve assets to achieve an improved outcome for the community  Management of Council’s property legislative requirements

FINANCIAL IMPLICATIONS Currently Council is receiving an annual income of $100 plus GST for the property with the IRT being responsible for all outgoings. The lease will continue until 31 December 2040 ie for another 23 years. The total income that Council will receive in this period is $2,300 plus GST of $230. If Council resolves to reclassify and sell the land to the IRT, Council will receive an income of at least $675,000 for the land. If Council does not resolve to reclassify and sell the land to the IRT, It is likely that the IRT will request to enter into another 50 year lease on completion of the current one and for a minimum rent. The IRT is responsible for all costs associated with the reclassification and sale.

CONCLUSION The reclassification and sale of the land to the IRT will enable the IRT to redevelop and provide improved facilities for its clients to enhance their quality of living. The sale of the land to the IRT is for the benefit of the elderly members of our community and meets community goal five of the Wollongong 2022 Strategic Community Plan “We are a healthy community in a liveable city”.

Ordinary Meeting of Council Item 3 - Attachment 1 - Plan - Proposed Reclassification and Sale of 30 October 2017 102 Lot 505 DP 833242 - Murranar Road Towradgi to the IRT

Ordinary Meeting of Council 30 October 2017 103

File: PR-005.08.094 Doc: IC17/371 PROPOSED RECLASSIFICATION AND SALE OF FIVE SURPLUS COUNCIL ITEM 4 PROPERTIES

This report is submitted to Council to obtain its approval to the reclassification and sale of five surplus Council properties. The properties are proposed to be reclassified from Community Land to Operational Land and three of the properties are proposed to be rezoned from RE1 Public Recreation to R2 Low Density Residential.

RECOMMENDATION 1 A draft Planning Proposal be prepared to amend the Wollongong Local Environmental Plan (LEP) 2009 to: a Reclassify the following lots from Community Land to Operational Land: i Lot 1 DP 214743 part of Bloomfield Avenue Park, Corrimal ii Lot 87 DP 320821 Baringa Place, Dapto iii Lot 16 DP 216777 Range Place, Bulli iv Lot 6 DP 39037 No 26 Park Road, Bellambi v Lot 5 DP 217372 No 18 Stanbrook Ave, Mount Ousley b Rezone the following lots from RE1 Public Recreation to R2 Low Density Residential: i Lot 6 DP39037 No 26 Park Road, Bellambi ii Lot 5 DP217372 No 18 Stanbrook Avenue, Mount Ousley iii Lot 1 DP214743 part of Bloomfield Avenue Park, Corrimal 2 The draft Planning Proposal be referred to the NSW Department of Planning and Environment for a Gateway determination. 3 Following the Gateway determination, the draft Planning Proposal be exhibited for a minimum period of 28 days, and a public hearing be held as part of the exhibition. 4 The Department of Planning and Environment be advised, that as the draft Planning Proposal involves Council land, Council does not seek to utilise its plan making delegations to finalise the draft Planning Proposal. 5 Following the exhibition, a report on the exhibition, public hearing and submissions received be presented to Council for consideration. 6 As part of the report, and subject to the reclassifications and rezonings being approved, Council determine whether to approve the sale of the properties, and grant the General Manager delegated authority to finalise the details of the sales. 7 Authority be granted to affix the Common Seal of Council to any documents necessary to finalise this matter.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services – Creative and Innovative City (Acting) ATTACHMENTS 1 Maps of Surplus five Properties proposed for Reclassification, Part Rezoning and Sale

Ordinary Meeting of Council 30 October 2017 104

BACKGROUND As part of the Financial Sustainability Program and Council’s ongoing revision of services to the community, investigations into the possible sale of surplus land by the established Asset Rationalisation Working Project Team resulted in a number of properties being identified for future sale which were presented to Councillors at a briefing on 4 March 2013. These five properties were included in the identified list. They were also included in a report recommending their reclassification and sale to the Executive Management Committee (EMC) meeting of 11 November 2014 which was subsequently endorsed. The following information provides a brief history of the five properties and how they came into Council ownership. Part of Bloomfield Ave. Park, Corrimal, Lot 1 DP 214743 This land came to Council in approximately 1961 as part of a subdivision. It was transferred for use as Public Garden and Recreation Space. It is currently zoned RE1 Public Recreation and measures 1157 sq m. The land has no development value due to the majority of it being in a high flood risk precinct. The five adjoining land owners of Lots 2 to 6 DP214743 located in front of the subject land have approached Council to purchase the land. If the reclassification is successful it is proposed to subdivide Lot 1 DP214743 into five lots for sale to the adjoining owners. A market valuation report was obtained in August 2016 which valued the proposed five lots. Agreement has not yet been reached with the adjoining owners but negotiations will continue. There are no caveats or covenants on the Certificate of Title. Lot 7 DP214743 which is Council community land adjoining Lot 1 will be retained as Community land. Lot 87 Baringa Place, Dapto, Lot 87 DP 320821 This land came to Council in August 1962 for use as Public Garden and Recreation Space as part of a subdivision. It is zoned R2 Low Density Residential and measures 455 sq m. Two adjoining land owners have approached Council to purchase the land as it is located behind their properties and they are concerned about illegal activities and loitering. If the reclassification is successful it is intended to subdivide part of the land into two lots for sale to these owners. There is a public footpath on part of the land which will be retained as it provides access from Baringa Place through to Moombarra Street and the Dapto Town Centre and is well used by the public. A market valuation report was obtained in October 2016 which valued the land negotiations will be held with the two adjoining land owners. There are two covenants on the land but they can be extinguished as part of the sale as they are of no consequence. One created in 1962, states that the land is only to be used for Public Garden and Recreation Space, which it is not currently used for as it is vacant, with no play equipment on it. The other is no longer relevant as it refers to smelting works, mineral rights and fencing. Lot 16 Range Place, Bulli, Lot 16 DP 216777 This land came to Council in approximately 1962 as part of a subdivision by Beacon Subdivisions Pty. Ltd. It was transferred for use as Public Garden and Recreation Space. It is currently zoned R2 Low Density Residential and measures 1682 sq m. A market valuation report was obtained in October 2016 which valued the land as one lot and per lot if subdivided into two lots. It is proposed to subdivide the land into two lots if successfully reclassified and place both lots on the open market for sale by public auction. There are two covenants on the Certificate of Title which can be extinguished upon sale as they are of no consequence, one concerning fencing and the other concerning minerals and fencing. 26 Park Road, Bellambi, Lot 6 DP 39037 This land came to Council in approximately 1956 as part of a subdivision. It was transferred for use as Public Garden and Recreation Space. A market valuation report obtained in November 2016 valued the land as if reclassified to operational land and rezoned to R2 Low Density. If this occurs it is proposed to sell the land on the open market by public auction. The land is located in a medium flood risk precinct but advice obtained from Council’s flooding section is that the land is still developable provided it follows the controls of the Wollongong Development Control Plan 2009. The valuation report takes this into account.

Ordinary Meeting of Council 30 October 2017 105

18 Stanbrook Avenue, Mount Ousley, Lot 5 DP 217372 This land came to Council in approximately 1962 as part of a subdivision. It was transferred for use as Public Garden and Recreation Space. It is currently zoned RE1 Public Recreation and measures 771.4 sq m. A market valuation report obtained in June 2016 valued this land as if it was free from infrastructure and zoned R2 Low Density. Currently Vodafone and the NBN have infrastructure on it. It is worthwhile reclassifying it to operational land as firstly due to the infrastructure on it, it is not used by the community and, secondly, Council may be able to negotiate with Vodafone and the NBN to relocate their infrastructure in the future. There are no caveats or covenants on the Certificate of Title.

PROPOSAL It is proposed to reclassify the five parcels of land from Community Land to Operational Land to enable their sale. It is further proposed to rezone three of the properties from RE1 Public Recreation to R2 Low Density Residential. The part of Bloomfield Ave. Corrimal, being Lot 1 DP 214743 and Lot 87 Baringa Place, Dapto, being Lot 87 DP820321 are proposed to be sold to the adjoining land owners.

PROPERTY LOT AND DP

Part of Bloomfield Avenue Park, Corrimal Lot 1 DP 214743

Baringa Place, Dapto Lot 87 DP 320821

Range Place, Bulli Lot 16 DP 216777

26 Park Road, Bellambi Lot 6 DP 39037

18 Stanbrook Avenue, Mount Ousley Lot 5 DP 217372

Based on valuations received sale of the properties could yield in excess of $3,500,000

CONSULTATION AND COMMUNICATION Letters were forwarded to local land owners within a one kilometre radius of each property advising of the proposed reclassification and sale. The owners were advised that they could submit comments on the proposal if they wished to do so. No objections were received for Lyndon Street, Corrimal. Comments received regarding the other properties included the following;  That the footpath be retained in Baringa Place to provide public access between Baringa Place and Dapto Town Centre, St Johns Church and Moombarra Street. This will occur.  Concern from the Range Place residents of the possibility of increased parking on the street. This would be addressed at the Development Application Stage. There was also a lot of interest received in purchasing the land.  Concern from the owner of 28 Park Road, Bellambi, that any development on 26 Park Road might increase flooding on his property. This would be addressed at the Development Stage.  Concern from the owners of 22 Park Road, Bellambi, that if the land is developed there will be no access to the waterway behind it, which they have an expectation for Council to maintain. However Council owns Community land at 34 Park Road, Bellambi, which could be used to gain access or it could be sought from the railway side of the waterway, if Council is responsible for the maintenance of the waterway.  Concern from local residents in Stanbrook Avenue that the land should be left for what it was originally intended, concern about development removing mature trees on the site and concern

Ordinary Meeting of Council 30 October 2017 106

about increased parking on the street. The trees and parking would be addressed at the development application stage. At the moment the property is not being used for its intended purpose due to the infrastructure placed by Vodafone and the NBN to which Council had no option but to agree under the Telecommunications Act. The five properties were advertised for reclassification and sale in the Illawarra Mercury in May 2016. In May 2016 an Information Note was prepared for Councillors of the proposed reclassifications and sales. An additional property at Cox’s Ave in Corrimal was included, but due to a large amount of community objection especially from the local bush care regeneration group who had undertaken considerable work on the land, it was decided not to proceed with the reclassification and sale of this property. If Council resolves to draft a draft Planning Proposal, and the NSW Department of Planning and Environment issues a favourable Gateway determination, the draft Planning Proposal will be exhibited for a minimum period of 28 days. As the draft Planning Proposal includes the reclassification of Council land, a public hearing is required to be held as part of the exhibition process. Following the exhibition and public hearing, a report on the exhibition outcomes and submissions received will be presented to Council for determination on whether to progress the Planning Proposal to finalisation.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal under the objective Carry out commercial business management of Council’s Operational lands (Community Goal We are a healthy community in a liveable city).

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2017-18.

FINANCIAL IMPLICATIONS The sale of the surplus land sites will generate an income of approximately $3.5M for Council (as per the market valuation reports) and remove the maintenance burden from the organisation.

CONCLUSION As the subject five parcels of community land are largely unused by the general public, the sale will generate significant income to Council and the maintenance burden will be removed, it is recommended that this report be approved.

Ordinary Meeting of Council Item 4 - Attachment 1 - Maps of Surplus five Properties proposed for 30 October 2017 107 Reclassification, Part Rezoning and Sale.

Ordinary Meeting of Council Item 4 - Attachment 1 - Maps of Surplus five Properties proposed for 30 October 2017 108 Reclassification, Part Rezoning and Sale.

Ordinary Meeting of Council Item 4 - Attachment 1 - Maps of Surplus five Properties proposed for 30 October 2017 109 Reclassification, Part Rezoning and Sale.

Ordinary Meeting of Council Item 4 - Attachment 1 - Maps of Surplus five Properties proposed for 30 October 2017 110 Reclassification, Part Rezoning and Sale.

Ordinary Meeting of Council Item 4 - Attachment 1 - Maps of Surplus five Properties proposed for 30 October 2017 111 Reclassification, Part Rezoning and Sale.

Ordinary Meeting of Council 30 October 2017 112

File: LM-916.004 Doc: IC17/517 APPOINTMENT OF VOTING DELEGATES TO THE 2017 LOCAL GOVERNMENT NSW ITEM 5 ANNUAL CONFERENCE

This report provides additional information regarding the 2017 Local Government (LG) NSW Annual Conference, including detail on voting delegates and motions to be put forward by Council.

RECOMMENDATION 1 Council delegate voting rights for the two rolls of voters (one for voting in the election for Office Bearers and the Board and another for voting on motions) at the Local Government NSW Annual Conference to the Lord Mayor, Deputy Lord Mayor and five Councillors authorised to attend. 2 The Lord Mayor be authorised to submit motions to the 2017 Local Government NSW Conference on behalf of Council that are consistent with previous resolutions of Council.

REPORT AUTHORISATIONS Report of: Clare Phelan, Manager Governance and Information (Acting) Authorised by: David Farmer, General Manager ATTACHMENTS There are no attachments for this report.

BACKGROUND The Local Government NSW Conference, being held from 4-6 December 2017 in Sydney is a significant opportunity to meet and discuss issues facing local government and develop agreed positions to inform the development of NSW local government policies. Through this conference, local government representatives can engage directly with key politicians, move and debate motions, hear from subject matter experts and network with local government colleagues from around the state. On 9 October 2017, Council resolved that all councillors be authorised to attend the 2017 Local Government (LG) NSW Annual Conference and associated functions, with the Lord Mayor, Deputy Lord Mayor and Councillors Blakey, Colacino, Connor, Dorahy, Figliomeni, Kershaw, King and Walters indicating their intention to do so. At this meeting, it was noted that an additional report would be taken to the next meeting of Council to determine Council voting delegates and motions to be put forward at the conference.

PROPOSAL Voting rights Wollongong City Council is entitled to delegate voting rights at the LG NSW Annual Conference. These delegates will be able to vote on a range of motions and elections as part of the conference. This year, LG NSW has advised that they are implementing two rolls of voters – one for voting in the election of office bearers/the Board and a separate roll for voting on motions. Wollongong City Council has been granted seven voting delegates for both rolls. As per the Payment of Expenses and Provision of Facilities to Lord Mayor and Councillors policy, two of these delegate positions are allocated to the Lord Mayor and Deputy Lord Mayor. This report seeks Council endorsement of a further five Councillors attending the 2017 LG NSW Annual Conference to be delegated voting rights. Delegate names are due to LG NSW by 1 November 2017. Motions All members are entitled to put forward motions to be considered at the LG NSW Annual Conference. Motions will only be included in the business paper for the conference which meet the following criteria:

Ordinary Meeting of Council 30 October 2017 113

1 Consistent with the objects of the Association. 2 Relate to Local Government in NSW and/or across Australia. 3 Concern or are likely to concern Local Government as a sector. 4 Seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association. 5 Have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws). 6 Are clearly worded and unambiguous in nature. 7 Do not express preference for one or several members over one or several other members. This report is seeking motions to be put forward by the Lord Mayor to LG NSW for consideration at their 2017 Annual Conference. Motions are due to Local Government NSW on Monday 6 November 2017.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 objective: “Our local Council has the trust of the community” under the Community Goal “We are a connected and engaged community”.

CONCLUSION This report seeks Council delegate voting rights for the LG NSW Annual Conference to the Lord Mayor, Deputy Lord Mayor and five Councillors who have previously been authorised to attend.

Ordinary Meeting of Council 30 October 2017 114

File: 05.04.01.183 Doc: IC17/300 ITEM 6 MOUNT KEMBLA BOWLING CLUB - LEASE OUTGOINGS

Mount Kembla Bowling Club (operated by Kembla Heights Bowling and Recreation Club) has a 10 year licence with Council until July 2020 with a 10 year option. The club is responsible to refund Council for rates paid as part of their outgoings. This payment of outgoings had been waived by Council for the first five years of the current lease (2010-2015). Kembla Heights Bowling and Recreation Club has requested Council waive outgoings for rates payable from August 2015 for the balance of the lease ie to 2020. Currently there is a debt of $12,527. Due to the financial hardship that the club is experiencing, it is proposed that the outgoings debt be waived and be further waived for the remainder of the lease until 2020.

RECOMMENDATION 1 Council waive outgoings payable by Mount Kembla Bowling Club from 1 July 2015 until 30 June 2020. 2 Council amend the current lease to exclude the outgoings in future years.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services – Creative and Innovative City (Acting) ATTACHMENTS There are no attachments for this report.

BACKGROUND On 1 July 1955, Council acquired ownership of Lot A DP161800 [Mount Kembla] from Australian Iron and Steel for $1.00. The title has a Covenant upon it which states: “And for the mutual consideration hereinbefore appearing the Council for itself and its successors hereby covenants with the Company and its successors and assigns that it will not use the said land hereby conveyed or any building or buildings or other structures erected thereon other than for public recreation and amusement for the benefit of the residents of Mount Kembla.” The Mount Kembla Bowling Club has been operated by the Kembla Heights Bowling and Recreation Club (non-profit organisation) since 1955. The club has approximately 172 members, with 23 full-time bowlers, and it is the meeting point for the local fishing and football club and community. The broad terms of the current lease are: - Term - 10 years commencing 1 August 2010 with a 10 year option; - Rent – the club pays the “Community Groups and Sporting Clubs Lease Fee which commenced at $580 per annum; - The club is responsible for all maintenance other than the structure; and - The club is responsible for all outgoings including Council rates. Outgoings in respect to rates were waived for the first five years of the lease.

Rates are paid on the property from the Property Services budget and recovered from the lessee under the “Outgoings” clauses in the lease. In November 2008, the club approached Council to forgive a debt [outgoings in respect of rates] of $32,969.52, based on a poor trading period and unusual events leading up to that time which were:

Ordinary Meeting of Council 30 October 2017 115

. The club had a fire on the premises which resulted in the closure of the kitchen and restaurant facilities; this has also impacted the financial viability of the club. The club has repaired the damage under its insurance policy; and . The club also notes the ‘increasing financial burden on having to comply with the Government regulation and imposts’; and . The impact of the closure of Harry Graham Drive which removed access to traffic from Picton Road especially on weekends. At that time Council agreed to write off the outgoings [rates] debt and a new lease was entered into which commenced on 1 August 2010 which also provided for a further five-year rate break with outgoings to recommence on 1 August 2015. Although the club is located on land classified as Community Land it attracts rate assessment as it is leased to a commercial organisation. The club currently has a debt in respect to outgoings with Council of $12,527 having not paid rates over the last three years and is asking Council to write off this debt given their financial position. The club recently approached Council asking that Council also undertakes works to resolve issues with the retaining walls surrounding the bowling greens and the entrance to the club which is currently not compliant in respect to disabled access. A very preliminary estimated cost of the bowling green works after a site visit is $350,000 and front entry works $15,000. The club was advised that the terms of the lease were that responsibility for these matters fell with the club. However, given the club is in a subsidence area and has previously been successful achieving funds to repair the building, they should first look to the Mine Subsidence Board for some assistance. The club has again cited Council works on Cordeaux Road as being a constraint to its trading but while these works may have been inconvenient, they have not closed off access as was the previous case. The Club does not have a large customer catchment and shares its local customer base with Mt Kembla Hotel. The club building is set back from Harry Graham Drive and therefore does not provide an obvious offer to passing motorists. The historic Mt Kembla Hotel tends to attract more passing trade and it would seem the club relies heavily on local trade. The club has promoted itself as a family orientated option as well as a venue for functions. Despite the constraints the board has attempted to reduce debt through asset sales and to grow local support for the venue. They have also sought to attract regional bowling competitions to the club to increase patronage both active bowling and casual social memberships.

PROPOSAL Many small clubs in New South Wales have struggled financially over the last 10 years. Random breath testing and lower levels of discretionary family spending have contributed. It seems that bowling clubs with the added expense of green maintenance have had particular challenges. The board of the club has worked hard to counter these issues and has sought to reduce expenditure wherever it can. The club provides significant social and community benefit to this area. It is proposed Council write off the current debt of $12,572. Council amend the current lease to exclude the outgoings in respect to rates from 2015 to 2020 for Kembla Heights Bowling and Recreation Club. A further review to be undertaken prior to the club considering the further 10-year option.

CONSULTATION AND COMMUNICATION Kembla Heights Bowling and Recreation Club. The report has been viewed by the Manager Finance.

Ordinary Meeting of Council 30 October 2017 116

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal. It specifically delivers on the following: “We have an innovative and sustainable economy”. It specifically delivers on core business activities as detailed in the Property Services – ‘Manage Council’s property portfolio including purchase, sale, leasing easements and other encumbrances on Council lands – In the Service Plan 2017/18.

FINANCIAL IMPLICATIONS Council will not receive the payment for the amount of $12,572 from plus approximately $6,900 for 2017-20 rates. The total cost to Council would be approximately $19,472. This will be reflected in income received by the Property Services Branch and will be adjusted in the next Quarterly Review.

OPTIONS 1 Council accept the recommendation to waive the outgoings for 1 July 2015 – 30 June 2020. 2 Council decline to accept the recommendation and require the lessee to pay all outgoings owing from 1 July 2015.

CONCLUSION The board of the club has endeavoured to make the club a viable operating business. It primarily provides a venue and facility for the local community and is active in the district’s lawn bowls’ competitions. Waiving the rates payable by the Kembla Heights Recreation and Bowling Club for the period 1 July 2015 – 30 June 2020 will assist the club in reducing its debt and maintaining its viability to keep operating.

Ordinary Meeting of Council 30 October 2017 117

File: EM-900.010 Doc: IC17/531 ITEM 7 REVIEW OF ORGANISATIONAL STRUCTURE

This report presents the existing organisational structure for reaffirmation, to allow recruitment of two vacant positions and to meet legislative requirements. As part of strategy development early in the new year the Council can consider whether there is a case for an adjustment to the structure at divisional level.

RECOMMENDATION 1 The existing Organisational Structure be reaffirmed. 2 Recruitment action be commenced for the vacant positions of Director Corporate Services and Director Community Services.

REPORT AUTHORISATIONS Authorised by: David Farmer, General Manager ATTACHMENTS 1 Current Organisational Structure for Confirmation 2 Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by Incoming Council

BACKGROUND On 26 June 2017 Council endorsed an adjusted organisational structure to move from a three Director structure to a four Director structure. Given the proximity to the September 2017 election it was decided to not make long term appointments to the two vacant positions but to fill them on an acting basis until the incoming Council could consider the matter. The resolution of Council is shown below: “A change in the Organisational Structure be made by removing the role of Director Corporate and Community Services and creating the roles of Director Community Services and Director Corporate Services. The Director Community Services and Director Corporate Services be determined as Senior Staff positions in accordance with section 332 of the Local Government Act 1993. The two new Director roles be filled internally in an acting capacity until the structure is formally reviewed by the incoming Council in accordance with legislative requirements.” Over the past few months this structure has worked well and addressed the issues that were identified in the June report. The acting arrangements have been successful to date and have given a number of staff across the organisation an opportunity to perform different and more senior roles. However, after an extended period there is a need for some certainty and there would be benefit in having staff in longer term roles. A survey of staff with supervisory roles was conducted in August and comments overwhelmingly supported the four Director structure. A typical comment was “The 4 tier executive structure provides a logical split of categorised services and provides practical groupings of divisions that are most closely and inextricably linked.” The incoming Council is about to commence a significant period of strategy development including the refresh of the Wollongong 2022 and development of a new Delivery Program and Operational Plan. This will not be completed until June 2018. Councillors will, however, have a clearer view of the collective strategic direction of the Council following the second set of planning workshops which are scheduled for February 2018.

Ordinary Meeting of Council 30 October 2017 118

The survey also asked staff about opportunities at deeper levels in the organisation and there were a variety of suggestions made.

PROPOSAL It is proposed that the existing structure be confirmed. This allows Council to meet its legislative requirements on reviewing the structure. It will also allow the two vacant positions of Director Corporate Services and Director Community Services to be advertised externally and it would be anticipated that the recruitment actions would be able to be completed by Christmas. This will allow the bedding down of executive leadership in the organisation early in the term of the organisation. As part of the organisational strategy development process early in the new year, the Council can consider whether the structure at Divisional Manager level meets the strategic directions of the new Council. Should a case for change be identified, adjustments can be made at that time via a further report to Council. The staff feedback already provided can be considered as part of that process.

CONSULTATION AND COMMUNICATION A survey of staff with supervisory responsibility was undertaken in August of this year. This matter was discussed with Councillors at the briefing session of 16 October 2017.

PLANNING AND POLICY IMPACT The Local Government Act (s333) requires that a Council review its structure within 12 months of an election, the consideration of this report meets this legislative requirement. Council can reconsider the structure at any time. This report contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Strategy 5 Year Action 4.4 Our local Council has the trust of 4.4.1 Continue to build a our community professional, customer focused quality organisation

FINANCIAL IMPLICATIONS

The changes that were introduced by Council in late June will be included in the September 2017 Quarterly Review. Council continues to perform better than budget and it is anticipated that there will be no impact of the bottom line as a result of these changes.

CONCLUSION Given the successful implementation of the revised executive structure since June it is recommended that this be confirmed and we move to recruit the two vacant Director positions. Council can consider any structural change at a Divisional level as part of its strategy development process early in the new year.

Ordinary Meeting of Council 30 October 2017 119 Item 7 - Attachment 1 - Current Organisational Structure for Confirmation

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to 30 October 2017 120 Organisational Structure Pending Review by Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to 30 October 2017 121 Organisational Structure Pending Review by Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to 30 October 2017 122 Organisational Structure Pending Review by Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 123 Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 124 Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 125 Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 126 Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 127 Incoming Council

Ordinary Meeting of Council Item 7 - Attachment 2 - Report to Council 26 June 2017 - Change to Organisational Structure Pending Review by 30 October 2017 128 Incoming Council

Ordinary Meeting of Council 30 October 2017 129

File: LM-20.10.004 Doc: IC17/521 REQUEST FOR APPROVAL FOR THE LORD MAYOR TO ATTEND THE ITEM 8 COMMONWEALTH LOCAL GOVERNMENT CONFERENCE

This report seeks approval for the Lord Mayor to travel internationally in November 2017 to:  attend the Commonwealth Local Government Conference in Malta (21-24 November 2017); and  travel to Manchester, UK post the Malta conference to facilitate trade opportunities between Wollongong and the Northern Powerhouse economic zone to build on the opportunities created by the ‘Wigan Warriors’ Super League match in Wollongong on 10 February 2017.

RECOMMENDATION 1 Council approve the attendance of the Lord Mayor at the Commonwealth Local Government Conference from 21-24 November 2017. 2 Council approve the Lord Mayor to travel to Manchester, UK post the Malta conference to facilitate trade opportunities between Wollongong and the Northern Powerhouse economic zone, to build on the opportunities created by the ‘Wigan Warriors’ super league match in Wollongong in February 2018.

REPORT AUTHORISATIONS Report of: Clare Phelan, Manager Governance and Information (Acting) Authorised by: David Farmer, General Manager ATTACHMENTS There are no attachments for this report.

BACKGROUND

1. Commonwealth Local Government Conference The Commonwealth Local Government Conference is held every two years in different regions of the Commonwealth. The conference brings together around 500 top local government policy makers, practitioners and stakeholders to discuss policy developments, share and learn new ideas and innovative solutions and help councils improve their processes and services. The 2017 conference is being held in Malta from 21-24 November 2017. The theme of the 2017 conference is Fit for the future: capacity and resources for effective local government. The conference covers a number of important issues for local government, including fiscal sustainability, growth, trade and investment. The Lord Mayor has been invited by the Secretary General of the Commonwealth Local Government Forum to attend the conference. The Lord Mayor has been invited to present on Wollongong’s transformation and lead one of the workshops during the conference. This is also an opportunity for the Lord Mayor to visit the country of origin of our local Maltese community. These links are still strong between both countries. The Lord Mayor would be reciprocating a visit by Her Excellency, Marie-Louise Coleiro Preca, President of Malta to Wollongong in 2016.

2. Super League Rugby League match in Wollongong Destination Wollongong has partnered with Destination NSW to attract the first Super League Rugby League match played outside of the UK between the Wigan Warriors and Hull FC in at WIN stadium, Wollongong on 10 February 2018. As part of the 9 day visit to the Illawarra, the club will engage with schools, the community and business leaders. The last time Wigan Warriors visited Australia, they brought with them a touring party of 4,500 fans. The Wollongong event will attract significant overseas visitation, with pre and post touring options planned to

Ordinary Meeting of Council 30 October 2017 130

showcase the region. This visit is expected to be the start of an ongoing relationship between the two regions and provides significant potential for Wollongong to access new markets in the UK and Europe. It will broaden Wollongong’s links with a significant region in Europe and will provide a significant economic boost through increased international tourism and will increase the exposure of Wollongong in the UK. There are a number of synergies between the Illawarra, Manchester and Northern England. These are all traditional manufacturing towns and rugby league heartlands that have diversified into vibrant new economies with strong university links and new opportunities for jobs and growth. Wigan Warriors are committed to leaving a footprint in the Illawarra region from their visit and this is an excellent opportunity to create a long term mutually beneficial relationship between the two cities. This is noted by Kris Radlinski, Executive Director of the Wigan Warriors, who commented: “Never before have words like synergies, devolution and economic development, being used with sport and in particular Rugby League as the driver and to be at the forefront of research programmes, trade missions and exchange programmes. The possibilities are endless. We look forward to exploring that further”. Both Wollongong and the Wigan Warriors have expressed a genuine commitment to developing strong opportunities in regards to economic development, collaborative research and trade relations. The Wigan Warriors are part of an economic development agency for northern UK - the Northern Powerhouse, an economic agency for the Northern UK. The North is home to 15 million people and over one million private sector businesses. If the Northern Powerhouse were a country, it would be amongst the biggest economies in Europe. Their aim is to ensure the north is an excellent place to start and grow a business and that they are recognised worldwide as an excellent opportunity for trade and investment and invest in skills, innovation, transport and culture. The Northern Powerhouse also works closely with a group called the N8 Research Partnership, which is a collaboration of the eight most research-intensive universities in the North of England: Durham, Lancaster, , Liverpool, Manchester, Newcastle, Sheffield and York. The N8 aims to maximise the impact of their research base by promoting collaboration, establishing innovative research capabilities and programmes of national and international prominence and driving economic growth. There are a number of strong synergies between the Northern Powerhouse and Advantage Wollongong and the N8 Research Partnership and the University of Wollongong. These have been identified as potential opportunities to strengthen as part of the visit of the Wigan Warriors to Wollongong, outlined in the following section.

PROPOSAL The role of the Lord Mayor is outlined in Section 226 of the Local Government Act 1993. Under this legislation, one of the roles of the Lord Mayor is to “represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level”. This report proposes that the Lord Mayor travel to Europe during November 2017 to promote Wollongong to an international audience. This report is seeking Council endorsement for the Lord Mayor to attend the Commonwealth Local Government Conference (21-24 November 2017). The Lord Mayor has been asked to present the story of Wollongong’s transformation and lead one of the workshops at the conference. This will assist in promoting Wollongong to an international audience and will lead to a number of important connections and relationships. Attendance at the conference will also allow the Lord Mayor to network with a number of international leaders and provide a platform to promote Wollongong. At the completion of the conference, it is proposed that the Lord Mayor would travel to Manchester, UK to facilitate trade opportunities between Wollongong and the Northern Powerhouse economic zone and establish key relationships in the Northern UK. This is an opportunity for the Lord Mayor to position Wollongong as the South Pacific outpost for the Northern Powerhouse and engage with one of the most significant ‘powerhouse’ groupings in Europe.

Ordinary Meeting of Council 30 October 2017 131

This visit will provide a number of important opportunities for the Lord Mayor to meet with key stakeholders, including Andy Burnham, the Mayor of Greater Manchester, who he met at the UK Mayors and Senior Officials Meeting earlier this year. The Lord Mayor will also look to meet with other key government officials as well as regional stakeholders, economic development agencies and commercial partners looking to explore trade links with Wollongong through the Wigan Warriors initiative. There are a number of important opportunities for the Lord Mayor as part of this visit, particularly facilitating trade opportunities between Wollongong and Northern UK, particularly in light of the recent Brexit decision. A number of events are being organised as part of the Lord Mayor’s visit. On Monday 27th November 2017, it is proposed to stage simultaneous events at Manchester and Wollongong to discuss the potential of the partnership between the two regions. On Tuesday 28th November 2017, the Lord Mayor has been invited to sit on a panel at an event aimed at private sector companies in the Northern UK wishing to explore commercial opportunities in Australia. This event will brief attendees on the Australian market and advise them on how to do business and invest in the Australian market. This will provide a significant opportunity to promote Wollongong, the close relationship and work that has been done alongside the partnership with Wigan Rugby League and talk about the trade options available to UK business and agencies. The Lord Mayor has also been invited to attend meetings with key UK Government officials, regional stakeholders and economic development agencies as well as potential commercial partners looking to explore trade links and discuss opportunities to develop relationships between the two regions through a range of events, round table discussions and briefings. At the conclusion of these events and meetings it is proposed that the Lord Mayor will return home and furnish a report to Council.

CONSULTATION AND COMMUNICATION Australian Local Government Association Commonwealth Local Government Forum Destination Wollongong Wiggin Warriors Advantage Wollongong partners: Department of Premier and Cabinet, University of Wollongong and Wollongong City Council

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We have an innovative and sustainable economy”. It specifically delivers on core business activities as detailed in the Economic Development Service Plan 2017-18.

FINANCIAL IMPLICATIONS The following table provides an indicative cost for the Lord Mayor’s proposed trip. Flights: (Business Class) Sydney-Malta, Manchester-Sydney $8,468 Malta – Manchester $687 Conference costs: Commonwealth Local Government Conference $900 Accommodation: Malta $1,300

Ordinary Meeting of Council 30 October 2017 132

Manchester $1,700 Transfers Malta $45 Manchester $104 Total (estimate only) $13,204

It is estimated that the total cost of the trip will be around $13,204 plus incidentals.

CONCLUSION This is an exciting opportunity for the Lord Mayor to showcase Wollongong internationally to promote trade links and develop positive relationships with other cities. It is envisaged that the first Super League Rugby League ever played outside the UK will become a celebration of a long term economic development relationship between the two cities. There are a number of exciting opportunities for the Lord Mayor to promote Wollongong and engage with one of the largest powerhouses in Europe to develop trade, business development and tourism opportunities.

Ordinary Meeting of Council 30 October 2017 133

File: PR-175.05.063 Doc: IC17/483 PROPOSED ROAD CLOSURE AND SALE OF PORTION OF LOWER COAST ROAD, ITEM 9 STANWELL PARK

The owners of Lot 49 DP 7664 No 68 Lower Coast Road, Stanwell Park have applied to Council to close and purchase a portion of the road reserve in Lower Coast Road adjoining their property. This report seeks approval to the road closure and sale.

RECOMMENDATION 1 Council consent to the closure of the portion of Lower Coast Road, Stanwell Park, as shown hatched on the attachment to this report and upon closure, the land be declared Operational Land under the Local Government Act 1993. 2 Subject to formal closure, Council authorise the sale of the subject portion of Lower Coast Road, Stanwell Park, as shown hatched on the attachment to this report, to the adjoining landowner or their nominee, on the following conditions: a Purchase price of $250,000 (GST inc). b The purchaser be responsible for all costs associated with the road closure and sale including valuation, survey, plan lodgement, legal and transfer costs, including Council reasonable legal fees. 3 Authority be granted to affix the Common Seal of Council to the plan of survey and transfer documents and any other documentation required to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services - Creative and Innovative City (Acting) ATTACHMENTS 1 Map of portion of Lower Coast Road, Stanwell Park proposed to be closed and sold

BACKGROUND The owners of Lot 49 DP 7664 No 68 Lower Coast Road, Stanwell Park have applied to Council to close and purchase a portion of the road reserve in Lower Coast Road adjoining their property, as shown hatched on the attachment to this report. The area of the subject portion of land is approximately 243m2 and zoned R2 Low Density Residential. The land, although mostly level with the adjoining dwelling, is on an embankment above the level of Lower Coast Road and therefore serves no physical or practical purpose in being retained for use as part of the footpath along Lower Coast Road. The landowners propose to use the land to make additions to their dwelling, including a garage, secondary dwelling and additions with swimming pool. Also, as the eaves of their existing dwelling slightly overhang the road reserve, the road closure and sale will formalise this encroachment. Council obtained market valuation advice from Walsh and Monaghan Valuers on a “Before and After” basis and an offer was made to the landowners based on that valuation advice. Agreement has been reached on a purchase price of $250,000 (GST inc).

PROPOSAL It is proposed that Council consent to the closure and sale of the portion of Lower Coast Road, Stanwell Park, as shown hatched on the attachment to this report, to the owners of the adjoining Lot 49 DP 7664 No 68 Lower Coast for $250,000 (GST inc), with the applicant to be responsible for all costs in the matter.

Ordinary Meeting of Council 30 October 2017 134

CONSULTATION AND COMMUNICATION Council’s Divisions – no objections. Letters were sent to eight residences in the surrounding area – no submissions were received. Notice in the Wollongong Advertiser on 19 October 2016 – no submissions were received. Letters and emails sent to service authorities, including Roads and Maritime Services – no objections were received.

PLANNING AND POLICY IMPACT This matter is in accordance with the Council policy “Land and Easement Acquisition and Disposal”. This report contributes to the delivery of Wollongong 2022 goal “We are a healthy community in a liveable city”. It specifically delivers on core business activities as detailed in the Property Services Service Plan 2017-18.

FINANCIAL IMPLICATIONS If approval is granted to the road closure, Council will receive $250,000 (GST inc) from the sale of the land. It is intended that the margin scheme be employed which will reduce Council’s GST tax liability to 1/11th of the difference between the selling price and what the land was worth as at 1 July 2000 – as assessed by Walsh and Monaghan Valuers.

CONCLUSION The subject portion of Lower Coast Road has been identified as surplus to Council requirements and it serves no practical or physical purpose in being retained as road. The closure and sale will also formalise the encroachment by the overhanging eaves from the adjoining dwelling. It is therefore recommended that approval be granted to the closure and sale to the adjoining landowners, as set out in this report.

Ordinary Meeting of Council Item 9 - Attachment 1 - Map of portion of Lower Coast Road, Stanwell 30 October 2017 135 Park proposed to be closed and sold

Ordinary Meeting of Council 30 October 2017 136

File: PR-005.08.091 Doc: IC17/460 PROPOSED GRANT OF EASEMENT TO DRAIN WATER OVER LOT 316 DP 1139694 ITEM 10 STANHOPE STREET, WOONONA

As a condition of consent of DA-2016/1289 at No 533 Princes Highway, Woonona for demolition of existing garage and tree removals, construction of new dwelling to create dual occupancy including new garage for the existing dwelling, and subdivision into two residential lots, the applicant is required to obtain an easement to drain water through the adjoining Council owned land known as Lot 316 DP 1139694 Stanhope Street, Woonona. This report seeks approval to the grant of the easement.

RECOMMENDATION 1 Council approve the grant of an Easement to Drain Water 1.0m Wide over Lot 316 DP 1139694 Stanhope Street, Woonona, in favour of Lot 3 Section C DP 2697 No 533 Princes Highway, Woonona, as shown crosshatched on the attachment to this report. 2 Council accept payment in the amount of $9,600 (GST free) from the owner of Lot 3 Sec C DP 2697 No 533 Princes Highway, Woonona as compensation for the grant of the easement. 3 Approval be granted to affix the Common Seal of Council to the survey plan, Section 88B Instrument and any other documentation required to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services – Creative and Innovative City (Acting) ATTACHMENTS 1 Map of proposed Easement to Drain Water 1.0m wide over Lot 316 DP 1139694 Stanhope Street, Woonona

BACKGROUND Consent Condition No i of DA-2016/1289 at No 533 Princes Highway, Woonona for demolition of existing garage and tree removals, construction of new dwelling to create dual occupancy including new garage for the existing dwelling, and subdivision into two residential lots, requires the applicant to obtain an easement to drain water through the adjoining Council owned land known as Lot 316 DP 1139694 Stanhope Street, Woonona, as shown crosshatched on the attachment to this report. Lot 316 DP 1139694 is classified as Operational Land under the Local Government Act 1993. The grant of the easement will have minimal impact on the Council land as it adjoins seven properties, only four of which appear to use Lot 316 for vehicular access. The applicant’s pipe will cross Lot 316 from her boundary and travel along the eastern side of the Council land to drain into the street drainage system in Stanhope Street. Council’s officer sought a valuation report from Walsh and Monaghan Valuers for the amount of compensation that would be payable by the applicant to Council for the grant of the easement. The amount of compensation was assessed at $9,600 (GST free) which has been agreed to by the applicant.

PROPOSAL It is proposed Council approve the grant of an Easement to Drain Water 1.0m Wide over the drainage pipe to be installed from Lot 3 Sec C DP 2697 No 533 Princes Highway, Woonona through Council’s land known as Lot 316 DP 1139694 Stanhope Street, as shown crosshatched on the attachment.

Ordinary Meeting of Council 30 October 2017 137

CONSULTATION AND COMMUNICATION City Planning in relation to the condition in DA-2016/1289. BHI Architects acting on behalf of the applicant. Walsh and Monaghan Valuers. Finance Division in relation to GST advice on the amount of compensation payable by the applicant to Council for the grant of the easement.

PLANNING AND POLICY IMPACT This report is in accordance with Council’s policy “Land and Easement Acquisition and Disposal”. This report contributes to the delivery of Wollongong 2022 goal “We value and protect our environment”. It specifically delivers on core business activities as detailed in the Property Services Service Plan 2017-18.

FINANCIAL IMPLICATIONS Council will receive $9,600 (GST free) as compensation for the grant of the easement which is considered to be fair and reasonable considering the minimal impact that the easement will have on the Council land. The applicant will also be responsible for all costs in the creation of the easement.

CONCLUSION To allow the condition in DA-2016/1289 to be finalised and the stormwater pipe installed and formalised within Council’s land, it is recommended the grant of the easement be approved.

Ordinary Meeting of Council Item 10 - Attachment 1 - Map of proposed Easement to Drain Water 30 October 2017 138 1.0m wide over Lot 316 DP 1139694 Stanhope Street, Woonona

Ordinary Meeting of Council 30 October 2017 139

File: PR-175.30.021 Doc: IC17/420 ITEM 11 PROPOSED NAMING OF UNNAMED LANE IN WOLLONGONG

Council has received a request to name an unnamed lane in Wollongong. This report seeks approval to the naming of the lane.

RECOMMENDATION Action be taken under Section 162 of the Roads Act 1993 to name the lane running from Mailer Avenue to Strathearn Avenue, Wollongong between Mailer Avenue and Lauder Avenue, as shown crosshatched on the attachment to this report, as Spinebill Lane.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kylee Cowgill, Director Community Services – Creative and Innovative City (Acting)

ATTACHMENTS 1 Map of unnamed lane proposed to be named

BACKGROUND Council has received a request from a landowner in Mailer Avenue to name the lane which runs from Mailer Avenue to Strathearn Avenue, Wollongong between Mailer Avenue and Lauder Avenue, as shown crosshatched on the attachment to this report. Suggestions for names were sought from Council’s Reference Library and three were considered suitable being: - Stumbles Lane – an auctioneer prominent in the area in the 1900s who auctioned the original Gladstone Estate. - Mayo Lane – an auctioneer prominent in the area in the early 1900s, and - Spinebill Lane – a local bird. Consultation with the local community comprised a notice being published in the Wollongong Advertiser on 14 June 2017 and 75 letters being sent to local residents. Six submissions were received – two supporting the name Spinebill Lane and one supporting Mayo Lane. The three other submissions suggested the names of Jacaranda Lane, Mailer Lane and Harrigan Lane, however, these three names are already in use throughout the Local Government Area. The NSW Geographical Names Board will not approve of any duplication of street names within the Local Government Area. Therefore, it is proposed to name the subject lane as Spinebill Lane.

PROPOSAL It is proposed to take action under Section 162 of the Roads Act 1993 to name the unnamed lane in Wollongong as Spinebill Lane.

CONSULTATION AND COMMUNICATION Letters were forwarded to 75 residences in the vicinity of the laneway and a notice published in the Wollongong Advertiser on 14 June 2017. Six submissions were received as outlined above.

PLANNING AND POLICY IMPACT This proposal is in line with Council’s policy “Road Naming”. This report contributes to the delivery of Wollongong 2022 goal “We are a healthy community in a liveable city”.

Ordinary Meeting of Council 30 October 2017 140

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2017-18.

FINANCIAL IMPLICATIONS The only cost that Council will incur in the naming of this lane is the installation of new street signs, the cost of which is available in the current budget. There is a cost for the publication of a notice in the NSW Government Gazette to name the lane, however, this amount is covered by the NSW Geographical Names Board.

CONCLUSION In order to provide better identification of streets for emergency services and postal delivery purposes, it is recommended that the unnamed lane in Wollongong be named as Spinebill Lane.

Ordinary Meeting of Council 30 October 2017 141 Item 11 - Attachment 1 - Map of unnamed lane proposed to be named

Ordinary Meeting of Council 30 October 2017 142

File: GI-50.01.01.003 Doc: IC17/490 ITEM 12 POLICY REVIEW: PROFESSIONAL CONDUCT INVESTIGATION POLICY

Members of the public and members of staff are entitled to make complaints or allegations about their treatment or events or matters happening in Council’s workplace. Complaints and allegations can range from the minor and easy to resolve, to the extremely serious, which may involve formal disciplinary action.

RECOMMENDATION The updated Draft Professional Conduct Investigation Policy be adopted.

REPORT AUTHORISATIONS Report of: Catherine Geenty, Professional Conduct Coordinator Authorised by: David Farmer, General Manager ATTACHMENTS 1 Draft Professional Conduct Investigation Policy

BACKGROUND The Professional Conduct Investigation Policy was adopted by Council in July 2014, and is now due for review in accordance with Council’s rolling policy review schedule. The objective of this policy is to ensure that all investigations of employees against whom allegations have been made are carried out in a fair, objection and impartial manner with due regard for confidentiality, procedural fairness, natural justice and the interests of the employee, persons involved and Council. This policy seeks to promote good investigative practice by providing a standard on the manner in which Wollongong City Council receives, assesses and investigates report of alleged maladministration, corrupt conduct, serious and substantial waste, pecuniary interest contraventions and breaches of the Government Information (Public Access) (GIPA) Act.

PROPOSAL The attached Draft Professional Conduct Investigation Policy be adopted by Council. Amendments to the policy have been recommended based on updates to relevant legislative instruments, as well as internal Council policy and process. The Policy definitions have been amended to bring the document into line with the Independent Commission Against Corruption (ICAC) definitions of corrupt conduct, as contained within the Independent Commission Against Corruption Act 1998 (the ICAC Act), including the recently introduced section 8(2A) of the amended ICAC Act. References to Public Interest Disclosures (PIDs) have been removed from the Policy, as it was deemed that this aspect is adequately covered in Council’s Internal Reporting (Public Interest Disclosures) Policy, and to avoid confusion in this regard. The line of reporting for corrupt conduct has also been amended to better reflect the most appropriate method for the handling of Professional Conduct matters. The Policy previously noted that the NSW Audit Office had no jurisdiction in relation to local Councils. The Auditor General’s mandate has recently been extended to include NSW Councils as part of the NSW Government’s broader local Government reform agenda. The Policy has been updated to reflect this, and a mechanism for the reporting of allegations of serious and substantial waste to the Audit Office has been included. The Policy has also been amended to provide for the referral of matters for external investigation to the Professional Conduct Investigation Panel.

Ordinary Meeting of Council 30 October 2017 143

Updates to legislative references and relating policy have been made. Minor spelling and formatting changes were made, and amendments to correctly reference various relevant investigation processes.

CONSULTATION AND COMMUNICATION The attached revised draft policy was endorsed by Executive Management Committee at their meeting held on 2 August 2017.

PLANNING AND POLICY IMPACT This policy contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community – our Local Council has the trust of the community.” It specifically delivers on the following:

CONCLUSION The Professional Conduct Investigation Policy is consistent with guidelines set down by the NSW Auditor General, Ombudsman’s Office and ICAC. The policy meets the requirements of the Wollongong City Council Fraud and Corruption Prevention Policy, which was endorsed by Council on 19 October 2015 and Fraud and Corruption Control Plan, endorsed by Council on 28 November 2017.

Ordinary Meeting of Council 30 October 2017 144 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 145 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 146 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 147 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 148 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 149 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 150 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 151 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 152 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 153 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 154 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 155 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 156 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 157 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 158 Item 12 - Attachment 1 - Draft Professional Conduct Investigation Policy

Ordinary Meeting of Council 30 October 2017 159

File: GI-50.04.054 Doc: IC17/516 ITEM 13 REVISED INTERNAL AUDIT CHARTER

The Institute of Internal Auditors Australia recently released its revised Model Internal Audit Charter. The Council’s Internal Audit Charter was reviewed against the new Model, and the revised Charter is presented to the Council for adoption.

RECOMMENDATION Council adopt the revised Internal Audit Charter.

REPORT AUTHORISATIONS Report of: Clare Phelan, Manager Governance and Information (Acting) Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting)

ATTACHMENTS 1 Draft Internal Audit Charter - with Track-changes

BACKGROUND Council is ultimately responsible for overseeing the functions of executive management in relation to internal audit activities. The Internal Audit Charter supports the role of the internal audit function within Council and ensures compliance with internationally accepted practices and frameworks for internal audit. The purpose of internal audit is to provide independent, objective assurance and consulting services designed to add value and improve Council's operations; and assist Council accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes. The scope of work of internal audit is to provide assurance as to whether Council's network of risk management, control, and governance processes, as designed and represented by management, is adequate. By comparison, external audit is independent of management and the governing body. Their role is to issue an opinion on the financial statements in accordance with external audit standards. The Audit Committee assists Council in carrying out its oversight responsibilities, with respect to both internal and external audit. The current Internal Audit Charter was adopted by Council on 27 January 2015.

PROPOSAL In April 2017, Audit Committee members received a copy of the updated Institute of Internal Auditors Model Internal Audit Charter for comparison. Council’s Internal Audit Charter was reviewed against the revised Model and a draft amended version presented to the Committee for consideration. At its meeting on 5 September 2017, the Audit Committee endorsed the revised Internal Audit Charter, following consultation with Committee members and Council’s internal auditors, KPMG, for report to Council at its first ordinary meeting. Note, the Internal Audit Charter focusses on the function of internal audit at Council, as distinct from the Charter for the Audit Committee, which will be considered at an upcoming Council meeting in conjunction with other Council committees and reference groups.

Ordinary Meeting of Council 30 October 2017 160

CONSULTATION AND COMMUNICATION Audit Committee members KPMG internal auditors

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2017-18 Strategy 5 Year Action Annual Deliverables 4.4.2 Working together, services 4.4.2.1 Coordinate a service review Deliver the internal audit program continuously improve and offer program with a focus on business best value for money development and improvement

CONCLUSION The Internal Audit Charter meets or exceeds the requirements of the Model Charter and is recommended to Council by the Audit Committee for adoption.

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 161 changes

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 162 changes

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 163 changes

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 164 changes

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 165 changes

Ordinary Meeting of Council Item 13 - Attachment 1 - Draft Internal Audit Charter - with Track- 30 October 2017 166 changes

Ordinary Meeting of Council 30 October 2017 167

File: GI-80.04.011 Doc: IC17/453 ITEM 14 POLICY REVIEW: CODE OF BUSINESS ETHICS

Council’s Code of Business Ethics is now due for review, in accordance with Council’s rolling policy review schedule. The Office of the Professional Conduct Coordinator has reviewed the Code of Business Ethics Policy and the revised Policy is attached and recommended to Council for adoption.

RECOMMENDATION Council adopt the revised Code of Business Ethics Policy.

REPORT AUTHORISATIONS Report of: Catherine Geenty, Professional Conduct Coordinator Authorised by: David Farmer, General Manager ATTACHMENTS 1 Draft Code of Business Ethics Policy

BACKGROUND The Code of Business Ethics was last reviewed and changes adopted by Council in October 2013. The policy is again due for review in accordance with Council’s rolling policy review schedule. The Code of Business Ethics provides guidance regarding the standards of ethical behaviour that organisations, service providers, small businesses and individuals can expect from Councillors and members of staff and that are expected of them, in their dealings with Council. No significant changes are required to the policy at this point in time, however updates to legislative references and relating policy have been made. Further detail has been added in relation to gifts and benefits to clarify this aspect of the policy. The definition of a Public Interest Disclosure has been updated in line with the legislation, and to ensure consistency with Internal Reporting (Public Interest Disclosures) policy.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2017-18 Strategy 5 Year Action Annual Deliverables 4 We are a connected and 4.4 Our local Council has the Ensure appropriate strategies and systems engaged community trust of the community are in place, monitored and reviewed

CONCLUSION The Code of Business Ethics Policy has been reviewed, with some minor amendments made. It is recommended Council adopt the revised policy.

Ordinary Meeting of Council 30 October 2017 168 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 169 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 170 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 171 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 172 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 173 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 174 Item 14 - Attachment 1 - Draft Code of Business Ethics Policy

Ordinary Meeting of Council 30 October 2017 175

File: FI-230.01.369 Doc: IC17/530 ITEM 15 TENDER T17/37 - 21 RAILWAY STREET, CORRIMAL - EXTERIOR REFURBISHMENT

This report recommends acceptance of a tender for the exterior refurbishment of 21 Railway Street, Corrimal, in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The purpose of this tender is to maintain the building asset to an acceptable standard as part of the Asset Strategy Plan.

RECOMMENDATION 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of Programmed Facility Management Pty Limited for the exterior refurbishment of 21 Railway Street, Corrimal, in the sum of $162,474.35 for, in the sum of, excluding GST. 2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Mark Roebuck, Manager City Works and Services Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City ATTACHMENTS 1 Location Plan

BACKGROUND Tenders were required to be invited for the external refurbishment of the 21 Railway Street, Corrimal, building. The purpose of this refurbishment is to maintain the building asset condition and to comply with the current safety and building standards. The refurbishment works include, but not limited to; asbestos removal, exterior repair works, roof repairs, electrical works, fencing, pathway and driveway repairs. Funding for this project is from the Infrastructure, Strategy and Planning Buildings Maintenance budget. Tenders were invited by the open tender method with a close of tenders of 10.00am on 5 October 2017. Three tenders were received by the close of tenders and all tenders have been assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the City Works and Services, Governance, Infrastructure Strategy and Planning, and Finance Divisions. The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents: 1 Cost to Council – 50%; 2 Appreciation of scope of works and construction methodology – 10%; 3 Experience and satisfactory performance in undertaking projects of similar size, scope and risk profile – 5%; 4 Proposed sub-contractors – 5%; 5 Project Schedule – 10%; 6 Demonstration WH&S management system – 10%; 7 Environmental management policies and procedures – 5%; 8 Demonstrated strengthening of local economic capacity – 5%. Ordinary Meeting of Council 30 October 2017 176

The mandatory assessment criteria have been met by the recommended tenderer. The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Name of Tenderer Ranking

Programmed Facilities Management Pty Limited 1 Malsave Pty Ltd 2 Project Coordination (Aust) Pty Ltd 3

PROPOSAL Council should authorise the engagement of Programmed Facility Management Pty Limited to carry out the exterior refurbishment works in accordance with the scope of works and technical specifications developed for the project. The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification. Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION 1 Members of the Tender Assessment Panel; 2 Nominated Referees.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal 5: “We are a healthy community in a liveable city”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2016-17

Strategy 5 Year Action Annual Deliverables

5.3.3 Well maintained assets are provided that meet 5.3.3.1 Manage and maintain community infrastructure Review Council’s Asset Management Plans: Buildings, the needs of current and future communities portfolio with a focus on asset renewal Recreation, Stormwater, Plant and Vehicles, Transport are provided.

RISK ASSESSMENT The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993. The risk of the project works or services is considered low based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented.

Ordinary Meeting of Council 30 October 2017 177

FINANCIAL IMPLICATIONS It is proposed that the total project be funded from the following source/s as identified in the Annual Plan – Infrastructure, Strategy and Planning Buildings Maintenance Budget

CONCLUSION The recommended tenderer has submitted an acceptable tender for this project and Council should endorse the recommendations of this report .

Ordinary Meeting of Council 30 October 2017 178 Item 15 - Attachment 1 - Location Plan

Ordinary Meeting of Council 30 October 2017 179

File: FI-230.01.368 Doc: IC17/503 TENDER T17/36 - YALLAH BAY BRIDGE 1 CONCRETE REPAIRS AND CATHODIC ITEM 16 PROTECTION

This report recommends acceptance of a tender for concrete repairs and installation of cathodic protection to Bridge 1 on Yallah Bay Road, Yallah, adjacent to Energy Australia’s Tallawarra Power Station in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The project proposes to rectify concrete cracking within the bridge super structure and provide the installation of cathodic protection to extend the life of the asset.

RECOMMENDATION 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of SRG Structural Systems Ltd for Yallah Bay Bridge 1 Concrete Repairs and Cathodic Protection Installation, in the sum of $578,552.00, excluding GST. 2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City ATTACHMENTS 1 Location Plan

BACKGROUND Tenders were required to be invited for concrete repairs and installation of cathodic protection to Bridge 1 on Yallah Bay Road, Yallah. Bridge 1 (existing Council Bridge Asset 0120) is located on Yallah Bay Road near the main entrance into the operating Tallawarra Power Station. Bridge 1 is a multi-span concrete bridge that crosses the power station outlet water-cooling channel (“Outlet Channel”). The bridge spans approximately 45 metres and is approximately 6.6 metres in carriageway width. The bridge is of reinforced concrete and was likely constructed during the commissioning of the original power station in the 1950’s. Tenders were invited by the open tender method with a close of tenders of 10.00 am on Thursday, 14 September 2017. Eight (8) tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Project Delivery, Governance and Information, Finance and Infrastructure Strategy and Planning Divisions. The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents: 1 Cost to Council – 45% 2 Appreciation of scope of works and construction methodology - 15% 3 Experience and satisfactory performance in undertaking projects of similar size, scope and risk profile - 10% 4 Staff Qualifications and Experience - 5% Ordinary Meeting of Council 30 October 2017 180

5 Proposed sub-contractors - 5% 6 Project Schedule - 5% 7 Demonstrated strengthening of local economic capacity - 5% 8 Workplace Health and Safety Management System - 5% 9 Environmental Management Policies and Procedures - 5% The mandatory assessment criteria have been met by the recommended tenderer. 1 Referees 2 Financial Capacity The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Name of Tenderer Ranking

SRG Structural Systems Ltd 1 Marine & Civil Maintenance Pty Ltd 2 Freyssinet Australia Pty Ltd 3 Abergeldie Complex Infrastructure 4 Eptec Group 5 Duratec Australia Pty Ltd 6 Metrocorp Technologies 7 Dapcor Building Services 8

PROPOSAL Council should authorise the engagement of SRG Structural Systems Ltd to carry out the works in accordance with the scope of works and technical specifications developed for the project. The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification. An acceptable financial capability assessment has been received in relation to the recommended tenderer. Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION 1 Members of the Tender Assessment Panel 2 Nominated Referees

Ordinary Meeting of Council 30 October 2017 181

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal 5 “We are a healthy community in a liveable city”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2016-17

Strategy 5 Year Action Annual Deliverables

5.3.3 Well maintained assets that meet the needs of 5.3.3.1 Manage and maintain community infrastructure Deliver 85% of Council’s capital investment into our current and future communities are provided portfolio with a focus on asset renewal asset renewal program RISK ASSESSMENT The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993. The risk of the project works or services is considered medium based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented.

FINANCIAL IMPLICATIONS It is proposed that the total project be funded from the following source/s as identified in the Annual Plan – 2017/18 Capital Budget

CONCLUSION SRG Structural Systems Ltd has submitted an acceptable tender for this project and Council should endorse the recommendations of this report.

Ordinary Meeting of Council 30 October 2017 182 Item 16 - Attachment 1 - Location Plan

Ordinary Meeting of Council 30 October 2017 183

File: FI-914.05.001 Doc: IC17/506 ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 - POST ITEM 17 ADVERTISING

This report is provided to formally present Council’s Financial Statements for the year ended 30 June 2017, together with the Auditor’s Report to the public, in accordance with Section 419 of the Local Government Act 1993 (as amended).

RECOMMENDATION The audited Annual Financial Statements for the year ended 30 June 2017, together with the Auditor’s report, be presented to the public.

REPORT AUTHORISATIONS Report of: Brian Jenkins, Manager Finance Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting) ATTACHMENTS 1 Annual Financial Statements for the Year Ended 30 June 2017

BACKGROUND Council’s Auditors, Audit Office of NSW, addressed the Council meeting of 9 October 2017 outlining the financial result for the year ended 30 June 2017 as reflected in the Financial Statements. Council resolved that the audited Financial Statements and the Auditor’s Report be presented to the public at this Council meeting. Public Notice of the presentation of the audited Financial Statements at this meeting was given in The Advertiser on 11 October 2017 and was also on Council’s website from 11 October 2017. The Public Notice was in accordance with Section 418 of the Local Government Act 1993 (as amended). Copies of the audited Financial Statements are available for inspection by members of the public at Council’s Administration Building and any person can make written submissions to Council with respect to the Statements within the next seven day period. Any submissions received will be subsequently reported to Council.

PROPOSAL The audited Financial Statements for the year ended 30 June 2017, together with the Auditor’s Report, be presented to the public at this meeting.

CONSULTATION AND COMMUNICATION The Director, Financial Audit Services, the Audit Leader and staff of the Audit Office of NSW have been consulted throughout the preparation of the Annual Financial Statements. Executive, senior managers and relevant senior officers were requested to ensure that all appropriate information with regards to the 2016-17 transactions relating to their area/s of responsibility had either been entered into the financial records or disclosed. The Annual Financial Statements were presented to the Audit Committee on 5 September 2017 and to Council on 9 October 2017.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal ‘We are a connected and engaged community’. It specifically delivers on the following:

Ordinary Meeting of Council 30 October 2017 184

Delivery Program Community Strategic Plan 2012-17 Annual Plan 2017-18

Strategy 5 Year Action Annual Deliverables

4.4.5 Finances are managed 4.4.5.1 Effective and transparent Provide accurate and timely financial reports monthly, quarterly and effectively to ensure long financial management via the annual financial statement term financial sustainability systems are in place Continuous Budget Management is in place, controlled and reported

Manage and further develop compliance program Monitor and review achievement of Financial Strategy

RISK ASSESSMENT The Annual Financial Statements are required to be prepared in accordance with the Local Government Act 1993 (as amended), the Local Government Code of Accounting Practice and Financial Reporting and the Australian Accounting Standards. Council has professionally qualified staff to ensure compliance with the reporting requirements. Council staff has also undertaken additional training in specialised areas. A higher level of assurance is attained from Council’s auditors, Audit Office of NSW. Further to this, Council’s Executive, senior management and relevant senior officers each signed a document giving the necessary assurances that: 1 No matters or occurrences have come to their attention in respect to their areas of responsibility that would materially affect the Financial Statements or disclosures therein, or which are likely to materially affect the future results or operations of the Council. 2 Should any such matters or occurrences come to their attention after the date of signing the document, the Manager Finance will be immediately advised. Consequently, there is considered to be a low risk of any material errors or omissions in reporting.

CONCLUSION The audited Financial Statements for the year ended 30 June 2017, together with the Auditor’s Report, are available for presentation to the public at this meeting.

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 185 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 186 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 187 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 188 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 189 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 190 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 191 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 192 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 193 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 194 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 195 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 196 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 197 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 198 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 199 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 200 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 201 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 202 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 203 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 204 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 205 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 206 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 207 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 208 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 209 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 210 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 211 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 212 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 213 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 214 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 215 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 216 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 217 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 218 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 219 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 220 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 221 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 222 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 223 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 224 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 225 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 226 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 227 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 228 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 229 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 230 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 231 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 232 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 233 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 234 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 235 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 236 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 237 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 238 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 239 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 240 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 241 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 242 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 243 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 244 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 245 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 246 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 247 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 248 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 249 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 250 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 251 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 252 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 253 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 254 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 255 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 256 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 257 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 258 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 259 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 260 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 261 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 262 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 263 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 264 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 265 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 266 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 267 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 268 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 269 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 270 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 271 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 272 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 273 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 274 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 275 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 276 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 277 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 278 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 279 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 280 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 281 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 282 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 283 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 284 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 285 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 286 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 287 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 288 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 289 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 290 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 291 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 292 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 293 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 294 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 295 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 296 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 297 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 298 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 299 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 300 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 301 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 302 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 303 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 304 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 305 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 306 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 307 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 308 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 309 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 310 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 311 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 312 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 313 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 314 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 315 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 316 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 317 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 318 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 319 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 320 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 321 Item 17 - Attachment 1 - Annual Financial Statements for the Year Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 322 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 323 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 324 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 325 Ended 30 June 2017

Ordinary Meeting of Council Item 17 - Attachment 1 - Annual Financial Statements for the Year 30 October 2017 326 Ended 30 June 2017

Ordinary Meeting of Council 30 October 2017 327

File: FI-914.05.001 Doc: IC17/514 ITEM 18 SEPTEMBER 2017 FINANCIALS

Overall, the result for the period ending 29 September 2017 is favourable compared to phased budget for the key indicators. The Operating Result [pre capital] is favourable by $3.4M and the Funds Result shows a favourable variance compared to the phased budget of $4.1M. The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions. The reports and variances presented do not include the September Quarterly Review proposals. Council has expended $19.8M on its capital works program representing 21.7% of the annual budget. The year to date budget for the same period was $20.8M.

RECOMMENDATIONS 1 The financials be received and noted. 2 Proposed changes in the Capital Works Program be approved.

REPORT AUTHORISATIONS Report of: Brian Jenkins, Manager Finance Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting) ATTACHMENTS 1 Income and Expense Statement - September 2017 2 Capital Project Report - September 2017 3 Balance Sheet - September 2017 4 Cash Flow Statement - September 2017

BACKGROUND This report presents the Income and Expense Statement, Balance Sheet and Cash Flow Statement for September 2017. Council’s current budget has a Net Funding (cash) deficit of $9.7M, an Operating Deficit [pre capital] of $8.4M and a capital expenditure of $91.4M. At the end of September, Council remains on target to the operational components of this result. The following table provides a summary view of the organisation’s overall financial results for the year to date.

Original YTD YTD FORECAST POSITION Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 29-Sep 29-Sep

Operating Revenue $M 261.5 64.2 65.5 1.3 Operating Costs $M (269.9) (67.5) (65.4) 2.1 Operating Result [Pre Capital] $M (8.4) (3.3) 0.1 3.4 Capital Grants & Contributions $M 44.9 10.0 7.6 (2.4) Operating Result $M 36.4 6.7 7.7 1.0

Funds Available from Operations $M 54.4 13.0 14.4 1.4

Capital Works 91.4 20.8 19.8 1.0 Contributed Assets 3.6 - - - Transfer to Restricted Cash - - - - Borrowings Repaid $M 7.5 1.1 1.1 -

Funded from: - Operational Funds $M 54.4 13.0 14.4 1.4 - Other Funding $M 38.4 8.4 10.1 1.7 Total Funds Surplus/(Deficit) $M (9.7) (0.6) 3.5 4.1

Ordinary Meeting of Council 30 October 2017 328

Financial Performance The September 2017 Operating Result [pre capital] shows a positive variance compared to budget of $3.4M. Funds Result The Total Funds result as at 29 September 2017 shows a positive variance of $4.1M compared to phased budget. This includes the positive variation in the funds component of the operating result ($1.4M), the underspend in capital works ($1M) and better progress in funded capital works that do not rely on the Funds from Operations ($1.7M). Capital Budget Council has expended $19.8M on its capital works program representing 21.7% of the annual budget. The year to date budget for the same period was $20.8M. Liquidity Council’s cash and investments increased during September 2017 to holdings of $168.0M compared to $152.7M at the end of August 2017. This reflects normal trends for this time of the year.

CASH, INVESTMENTS & AVAILABLE FUNDS

Actual Original Ytd Actual Budget Sep 2016/17 2017/18 2017 $M $M $M Total Cash and Investments 167.6 153.5 168.0 Less Restrictions: External 75.8 96.9 78.3 Internal 57.4 49.8 55.6 Total Restrictions 133.2 146.8 133.9 Available Cash 34.4 6.8 34.1

Adjusted for : Current payables (41.6) (24.3) (34.2) Receivables 23.5 23.9 14.9 Other 10.7 11.0 15.7 Net Payables & Receivables (7.4) 10.6 (3.5) Available Funds 27.0 17.3 30.6

The Available Funds position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose. The Available Funds forecast that formed part of the 2017-18 Annual Plan is within Council’s Financial Strategy target of 3.5% to 5.5% of Operational Revenue [pre capital] and is between $9.2M and $14.4M for the year ending 30 June 2018. The actual Available Funds at 29 September 2017 are impacted by the progress of planned expenditure to date and the early payment of the Financial Assistance Grant in 2016/17. The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. Council’s current ratio is above the Local Government Benchmark

Ordinary Meeting of Council 30 October 2017 329

of >2:1, however, the strategy is to maximise the use of available funds for asset renewal by targeting a lean Unrestricted Current Ratio.

Unrestricted Current Ratio 3.00

2.50

2.00

1.50 Ratio

1.00

0.50

- J A S O N D J F M A M J Monthly Result 2.82 2.64 2.48 Target 1.99 1.99 1.99 1.99 1.99 1.99 1.99 1.99 1.99 1.99 1.99 1.99

Receivables Receivables are the amount of money owed to Council or funds that Council has paid in advance. At September 2017, receivables totalled $14.9M, compared to receivables of $21.0M at September 2016. Fluctuations relate to the timing of revenue and rates payments which are accrued before the actual payments are due. Payables Payables (the amount of money owed to suppliers) of $34.2M were owed at September 2017 compared to payables of $40.0M in September 2016. The difference in payables relate to goods and services and capital projects delivered but not yet paid for, timing of the receipt of rating income and timing of the Financial Assistance Grant payments. Debt Council continues to have financial strength in its low level of borrowing. The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments. Council’s Financial Strategy includes provision for additional borrowing in the future and Council will consider borrowing opportunities from time to time to bring forward the completion of capital projects where immediate funding is not available. Council currently has borrowings through an interest free loan and the subsidised Local Government Infrastructure Renewal Scheme (LIRS). In 2009-10, Council borrowed $26M interest free to assist in the delivery of the West Dapto Access Plan. Council has also been successful in securing subsidies for loans under the three rounds of the LIRS program and has entered into loans of $20M in 2012-13 for Round 1, $4.3M in 2013-14 for Round 2 and $20.5M for Round 3. The LIRS program provides a loan subsidy of 4% for Round 1 and 3% for the subsequent rounds. Loan funds have been used to accelerate the Citywide Footpaths, Shared Path Renewal, Missing Links Construction Program, building refurbishment works for Berkeley Community Centre,

Ordinary Meeting of Council 30 October 2017 330

Corrimal Library and Community Centre, Thirroul Pavilion and Kiosk and to support the West Dapto Access – Fowlers Road project respectively. Council’s Debt Service Ratio forecast for 2017-18 is approximately 3.5%, which is still below Council’s target of 4% and remains low in comparison to the Local Government’s benchmark ratio of <10%. It is noted that non-cash interest expense relating to the amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio. Assets The Balance Sheet shows that $2.5B of assets are controlled and managed by Council for the community as at 29 September 2017. The 2017-18 capital works program includes projects such as the West Dapto Access strategy, Grand Pacific walk, tramway sea wall and path upgrade, civil asset renewals including roads, car parks and buildings and purchase of library books. As at 29 September 2017, Council had expended $19.8M or 21.7% of the approved annual capital budget of $91.4M.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal ‘We are a connected and engaged community’. It specifically delivers on the following:

Community Strategic Plan Delivery Program Annual Plan 2017-18 2012-17 Strategy 5 Year Action Annual Deliverables

4.4.5 Finances are managed 4.4.5.1 Effective and transparent Provide accurate and timely financial reports monthly, effectively to ensure long term financial management systems quarterly and via the annual financial statement financial sustainability are in place Continuous Budget Management is in place, controlled and reported

Manage and further develop compliance program Monitor and review achievement of Financial Strategy

CONCLUSION The results compared to budget for the early months of the year can be distorted by the phasing methodology applied to the budget compared to actual project and program progress. The results for September 2017 are generally, with the exception of income from developer contributions for West Dapto, within projections over a range of financial indicators and it is expected that Council will achieve the forecast annual results.

Ordinary Meeting of Council Item 18 - Attachment 1 - Income and Expense Statement - September 30 October 2017 331 2017

Ordinary Meeting of Council 30 October 2017 332 Item 18 - Attachment 2 - Capital Project Report - September 2017

Ordinary Meeting of Council 30 October 2017 333 Item 18 - Attachment 2 - Capital Project Report - September 2017

Ordinary Meeting of Council 30 October 2017 334 Item 18 - Attachment 2 - Capital Project Report - September 2017

Ordinary Meeting of Council 30 October 2017 335 Item 18 - Attachment 3 - Balance Sheet - September 2017

Ordinary Meeting of Council 30 October 2017 336 Item 18 - Attachment 4 - Cash Flow Statement - September 2017

Ordinary Meeting of Council 30 October 2017 337

File: FI-914.05.001 Doc: IC17/507 ITEM 19 STATEMENT OF INVESTMENTS - SEPTEMBER 2017

This report provides an overview of Council’s investment portfolio performance for the month of September 2017. Council’s average weighted return for September 2017 was 2.92% which was above the benchmark return of 1.76%. The result was primarily due to good returns received on the term deposits, the positive marked to market valuation of the CBA Zero Coupon Bond, the NSW TCorp Hour Glass facilities and the aggregated Floating Rate Notes in Council’s portfolio. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity.

RECOMMENDATION Council receive the Statement of Investments for September 2017.

REPORT AUTHORISATIONS Report of: Brian Jenkins, Manager Finance Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting) ATTACHMENTS 1 Statement of Investments - September 2017 2 Investment Income Compared to Budget 2017-2018

BACKGROUND Council is required to invest its surplus funds in accordance with the Ministerial Investment Order and Division of Local Government guidelines. The Order reflects a conservative approach and restricts the investment types available to Council. In compliance with the Order and Division of Local Government guidelines, Council adopted an Investment Policy on 19 October 2015. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints that Council’s portfolio can be exposed to. Council’s investment portfolio was controlled by Council’s Finance Division during the period to ensure compliance with the Investment Policy. Council’s Governance Committee’s role of overseer provides for the review of the Council’s Investment Policy and Management Investment Strategy. Council’s Responsible Accounting Officer is required to sign the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005. Council’s investment holdings as at 29 September 2017 were $167,682,171 (Statement of Investments attached) [30 September 2016 $171,215,422]. Council’s average weighted return for September 2017 was 2.92% which was above the benchmark return of 1.76%. The result was primarily due to good returns received on the term deposits, the positive marked to market valuation of the CBA Zero Coupon Bond, the NSW TCorp Hour Glass facilities and the aggregated Floating Rate Notes in Council’s portfolio. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity. At 29 September 2017, year to date interest and investment revenue of $1,235,555 was recognised compared to the year to date budget of $912,679. Council’s CBA Zero Coupon Bond experienced an increase in valuation for September 2017 of $25,600. The valuation methodology used by Laminar (Council’s investment consultants) discounts the bond using a margin for a straight four year CBA obligation but also considers the illiquidity premium, this being a restructured deal and there being limited bids on the security. As this bond gradually nears maturity, movements in interest rates and liquidity will have less of an impact on the securities valuation. While there will be short term fluctuations along the way, the investments valuation will gradually

Ordinary Meeting of Council 30 October 2017 338

increase to its $4M maturity value. Council’s 18 floating rate notes had a net increase in value of $16,840 for September 2017. Council holds two Mortgaged Backed Securities (MBS) that recorded a net decrease in value of $11,365 for September 2017. These investments continue to pay higher than normal variable rates. While the maturity dates are outside Council’s control, the investment advisors had previously indicated that capital is not at risk at that stage and recommended a hold strategy due to the illiquid nature of the investment. Council has two investments holdings under the NSW TCorp Hour Glass Facility: the Long-Term Growth Facility and the NSW TCorpIM Cash Fund. The Long-Term Growth recorded an increase in value of $28,437 and the Cash Fund recorded an increase in value of $29,885 in September. The fluctuation in the Long-Term Growth Facility is a reflection of the current share market volatility both domestically and internationally, whereas the Cash Fund provides relatively stable returns with low potential for capital loss while maintaining high levels of liquidity, similar to an 11 am, at call account. The fund only invests in Australian cash and fixed interests. At the October 2017 RBA meeting, the official cash rate remained unchanged at 1.50%. The RBA has advised that it would continue to assess the outlook and adjust policy as needed to foster sustainable growth in demand and inflation outcomes consistent with the inflation target over time. The current inflation rate is quite low and below target. This report complies with Council’s Investment Policy which was endorsed by Council on 19 October 2015. Council’s Responsible Accounting Officer has signed the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal ‘We are a connected and engaged community’. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-17 Annual Plan 2017-18 Strategy 5 Year Action Annual Deliverables

4.4.5 Finances are managed 4.4.5.1 Effective and transparent Provide accurate and timely financial reports monthly, effectively to ensure long term financial management quarterly and via the annual financial statement financial sustainability systems are in place Continuous Budget Management is in place, controlled and reported

Manage and further develop compliance program Monitor and review achievement of Financial Strategy

CONCLUSION The investments for September 2017 have performed favourably compared to the year to date budget and the portfolio recorded an average weighted return above the annualised Bloomberg Bank Bill Index Benchmark.

Ordinary Meeting of Council 30 October 2017 339 Item 19 - Attachment 1 - Statement of Investments - September 2017

Ordinary Meeting of Council 30 October 2017 340 Item 19 - Attachment 1 - Statement of Investments - September 2017

Ordinary Meeting of Council 30 October 2017 341 Item 19 - Attachment 2 - Investment Income Compared to Budget 2017-2018

Ordinary Meeting of Council 30 October 2017 342

File: CP-914.05.001 Doc: IC17/489 QUARTERLY REPORT ON DEVELOPMENT APPLICATIONS INVOLVING VARIATIONS ITEM 20 TO DEVELOPMENT STANDARDS 1 APRIL 2017 TO 30 JUNE 2017

This regular quarterly report to Council identifies one (1) Development Application has been determined during the quarterly period 1 April to 30 June 2017, where a variation to a development standard was granted. The Department of Planning and Environment has been notified of the variation as part of Council’s ongoing quarterly return requirements.

RECOMMENDATION Council note the report.

REPORT AUTHORISATIONS Report of: Andrew Heaven, Manager Development Assessment and Certification (Acting) Authorised by: Andrew Carfield, Director Planning and Environment - Future City and Neighbourhoods ATTACHMENTS 1 Quarterly Report on Development Applications Involving Variations to Development Standards 1 April 2017 to 30 June 2017

BACKGROUND Development Applications involving variations to development standards may be made under clause 4.6 of Wollongong Local Environmental Plan 2009 (WLEP 2009). Relevant criteria is prescribed under clause 4.6 of WLEP 2009 for the assessment of variations to development standards. Any variations approved are reported on a quarterly basis to Department of Planning and Environment (DP&E), in accordance with procedural guidelines. Council and DP&E may in turn consider the extent and nature of variations granted when reviewing relevant planning controls or instruments. Wollongong City Council provides further transparency and oversight of applications seeking departures to development standard via:  Independent Hearing and Assessment Panel (IHAP) peer review;  Declaration of any variation during public exhibition; and  Maintaining an ongoing pubic record of all variations approved.

QUARTERLY RESULT During the last quarter (1 April 2017 to 30 June 2017) one (1) Development Application was approved which included a variation to a development standard. The variation related to the existing commercial building on the site which was subject to a two lot subdivision, excising the commercial building from the other lot. This resulted in a 1.29:1 FSR for the commercial building lot. No built change is proposed as part of the subdivision. The proposal was considered and supported by IHAP. Attachment 1 provides for the information relating to the matter and forms the basis of the quarterly return for Department of Planning and Environment, which is now submitted.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 under the objective 1.6: The sustainability of our urban environment is improved under the Community Goal We value and protect our environment Community Goal.

Ordinary Meeting of Council 30 October 2017 343

It specifically addresses the Annual Plan 2016-17 Key Deliverables: Development is functional, attractive and sympathetic with the environment and avoids unnecessary use of energy, water or other resources which forms part of the Five Year Action: Provide high quality development assessment and certification based on QBL principles contained with the Revised Delivery Program 2012-2017.

Ordinary Meeting of Council Item 20 - Attachment 1 - Quarterly Report on Development Applications 30 October 2017 344 Involving Variations to Development Standards 1 April 2017 to 30 June 2017

Ordinary Meeting of Council 30 October 2017 345

File: GI-80.12.020 Doc: IC17/488 ANNUAL TABLING OF RETURNS OF DISCLOSURES OF INTEREST AND OTHER ITEM 21 MATTERS - 2016 TO 2017

The Local Government Act 1993 requires the General Manager to table all Annual Returns of Disclosures of Interests and Other Matters lodged by the prescribed due date of 30 September 2017 at the first Council meeting after that date. This report is submitted in addition to the bi-monthly report which tables Interim, Exit and Primary Returns.

RECOMMENDATION Council note the tabling of the Annual Returns of Disclosures of Interests and Other Matters as required by Section 450A of the Local Government Act 1993.

REPORT AUTHORISATIONS Report of: Clare Phelan, Manager Governance and Information (Acting) Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting) ATTACHMENTS 1 Returns of Disclosures of Interests and Other Matters (to be tabled)

BACKGROUND The Annual Returns of Councillors, Designated Staff and Committee Members were lodged prior to the close of business on 30 September 2017 with the exception of one former Councillor and one employee who was on extended leave. Both the former Councillor and employee have since lodged their returns.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal under the objective our local Council has the trust of the community (Community Goal) we are a connected and engaged community. It specifically delivers on core business activities as detailed in the Governance and Administration Service Plan 2017-18.

Ordinary Meeting of Council 30 October 2017 346

File: GI-80.12.020 Doc: IC17/476 BI-MONTHLY RETURNS OF DISCLOSURES OF INTERESTS AND OTHER MATTERS - ITEM 22 SEPTEMBER 2017

The Local Government Act 1993 requires the General Manager to table all Returns of Disclosures of Interest lodged by persons nominated as designated persons. Returns are submitted to Council on a bi-monthly basis.

RECOMMENDATION Council note the tabling of the Returns of Disclosures of Interest as required by Section 450A of the Local Government Act 1993.

REPORT AUTHORISATIONS Report of: Clare Phelan, Manager Governance and Information (Acting) Authorised by: Renee Campbell, Director Corporate Services - Connected and Engaged City (Acting) ATTACHMENTS

1 Returns of Disclosures of Interests and Other Matters (to be tabled)

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community”. It specifically delivers on core business activities as detailed in the Governance and Administration Service Plan 2017-18.

Ordinary Meeting of Council 30 October 2017 347

File: IW-911.01.167 Doc: IC17/515 CITY OF WOLLONGONG TRAFFIC COMMITTEE - MINUTES OF MEETINGS HELD ITEM 23 16 AUGUST AND 13 SEPTEMBER 2017

Two meetings of the City of Wollongong Traffic Committee Meetings were held on 16 August and 13 September 2017. Items 1-9 and 11-15 from the August meeting, and items 1-4 from the September meeting have been adopted by Council through delegated authority. Item 10 from the August Meeting and Item 5 from the September meeting must be determined by Council and are recommended to Council for approval for the temporary Regulation of Traffic on public roads for works or events by independent parties.

RECOMMENDATION In accordance with the powers delegated to Council the Minutes and recommendations of the City of Wollongong Traffic Committee Meeting Held on 16 August and 13 September 2017 in relation to the Regulation of Traffic be adopted.

REPORT AUTHORISATIONS Report of: Mike Dowd, Manager Infrastructure Strategy and Planning Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City ATTACHMENTS 1 Standard Conditions for Road Closures 2 Standard Conditions for Road Closures for Street Parties 3 Camp Quality Convoy 2017

BACKGROUND REGULATION OF TRAFFIC 1 BULLI – WARD 1 (Item 10 of 16 August Traffic Committee Meeting) Owen Street – Street Party – 2 December 2017 Background: The community of Owen Street, Bulli have requested approval for a road closure to hold a street party on Saturday 2 December 2017. The closure will take effect from 2pm to 7pm on the day for the section of Owen Street between Waterloo Street and Franklin Avenue. The party has been successfully held without incident in previous years in accordance with Councils Standard Conditions of Street Parties. As in previous years, the organisers have provided a petition from affected residents indicating their approval. Consultation: No consultation was required for this Agenda item.

PROPOSAL SUPPORTED UNANIMOUSLY The proposed road closure for the Owen Street party on Saturday 2 December, 2017 between 2pm to 7pm be approved subject to Council’s Standard Conditions for Street Parties (Attachment 2).

2 BULLI TOPS – WARD 1 (Item 5 of 13 September Traffic Committee Meeting) Princes Highway – Camp Quality Convoy 2017 - Sunday 19 November 2017 Background: Subsequent to the meeting the organisers for the Camp Quality on Sunday 19 November 2017 have proposed a closure of the Old Princes Highway between Bulli Tops and Helensburgh as occurred in 2016. This section of the Highway is to be used for mustering the convoy participants and the closure will take effect from 5.00am to 11.00am.

Ordinary Meeting of Council 30 October 2017 348

The organisers have arranged for access to Darkes Road, residents on the Highway and visitors to the Golf facilities, from the Helensburgh end of the closure. For those travelling from the south, drivers remain on the M1 until the Helensburgh exit and then proceed south through the highway closure. It should be noted the event is after the scheduled re-opening of Bulli Pass on 3 November 2017.

PROPOSAL The road closure be approved subject to the submitted Traffic Management Plans (Attachment 3) and Council’s Standard Conditions for Road Closures (Attachment 1).

Ordinary Meeting of Council 30 October 2017 349 Item 23 - Attachment 1 - Standard Conditions for Road Closures

Ordinary Meeting of Council Item 23 - Attachment 2 - Standard Conditions for Road Closures for 30 October 2017 350 Street Parties

Ordinary Meeting of Council Item 23 - Attachment 2 - Standard Conditions for Road Closures for 30 October 2017 351 Street Parties

Ordinary Meeting of Council 30 October 2017 352 Item 23 - Attachment 2 - Standard Conditions for Road Closures for Street Parties

Ordinary Meeting of Council 30 October 2017 353 Item 23 - Attachment 2 - Standard Conditions for Road Closures for Street Parties

Ordinary Meeting of Council 30 October 2017 354 Item 23 - Attachment 2 - Standard Conditions for Road Closures for Street Parties