Business Paper
Ordinary Meeting
Venue: Administrative Headquarters Civic Place Katoomba
Meeting: 7.30pm 27 February, 2018
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ORDINARY MEETING
27 FEBRUARY 2018
AGENDA
ITEM PAGE SUBJECT COMMENTS NO.
PRAYER/REFLECTION (and Recognition of the Traditional Owners, the Darug and Gundungurra People)
APOLOGIES
CONFIRMATION OF MINUTES
Ordinary Meeting held on 30 January 2018 Extraordinary Meeting held on 20 February 2018
DECLARATIONS OF INTEREST
MINUTE BY MAYOR
PROVIDING GOOD GOVERNMENT
1 13 Livestreaming of Council Meetings
2 22 Review of Delegations of Authority Attachment x 1
3 29 Termination of annual tourist bus fees at Echo Point
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ITEM PAGE SUBJECT COMMENTS NO. 4 32 Revised General Power of Attorney Attachments x 2
5 41 Confidential Business Paper - Western Sydney City Deal Attachments x 3
6 42 Annual Code of Conduct Report
7 44 PRIMA 2018 Annual Conference - Expression of Interest Attachment x 1
8 55 Councillor Attendance at Briefing Sessions
9 57 Performance of Investments for January 2018
10 61 Australian Local Government Women’s Association NSW (ALGWA NSW) Annual Conference
11 63 Community Assistance Donations Recommendation by Councillor
LOOKING AFTER PEOPLE
12 65 Upgrade and Extension to the Glenbrook Visitor information centre and construction of new carpark and associated landscaping
13 68 Results of public Exhibition of Draft Open Space and Recreation Strategic Plan Attachment x 1
14 89 Glenbrook Visitor Information Centre Upgrade Enclosure x 1
USING LAND
15 94 Expression of Interest Outcomes: Katoomba Civic Centre Precinct Co-worker Hub
16 97 Mandatory Local Planning Panel – Update
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ITEM PAGE SUBJECT COMMENTS NO. 17 108 Installation of Reverse Vending Machines on Public Land
18 112 Variations to Development Standards Attachment x 1
19 115 Springwood Town Centre Masterplan Implementation
20 120 Conversion of Period Housing to Heritage Conservation Areas Enclosures x 5
21 132 Development Application No. X/845/2017 For a New RSL Building on L 1 DP 1006352, L 1 DP 124212, Katoomba RSL Club, 70-86 Lurline Street, Katoomba, 4 Merriwa Street, Katoomba Attachments x 2
22 186 LEP Land Acquisition
23 190 170-174 Leura Mall, Leura - Commercial Property Considerations
MOVING AROUND
24 194 Electric Vehicle Fast Charging Station
25 198 Great Blue Mountains Trail - Blackheath to Mount Victoria - Conflict Between users - Regulate Traffic Movements Enclosure x 1
26 202 Compulsory Acquisition of Land - 2-6 Kuke Road, DP 565406 - Blackheath Enclosure x 1
27 204 Local Traffic Committee Attachment x 1
NOTICES OF MOTION
28 245 Bowen's Creek Fire Trail
29 246 Winter Magic Festival
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ITEM PAGE SUBJECT COMMENTS NO.
30 247 Kerb and Guttering for Robertswood Avenue, Mount Riverview
31 248 Speed camera for Great Western Highway at Wentworth Falls
32 249 170-174 Leura Mall
33 250 Pedestrian and Vehicle Safety on Railway Parade West, Leura
PRECIS OF SELECTED CORRESPONDENCE
34 253 Precis of Selected Correspondence Attachments x 6
RESPONSES TO QUESTIONS WITH NOTICE
35 267 Domestic Waste Overcharge
36 268 170-174 Leura Mall, Leura
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THE COUNCIL MEETING
Blue Mountains City Council meetings are conducted in accordance with Council’s adopted Code of Meeting Practice. This Code is available via the Council website, from Council offices and in Council meetings. http://www.bmcc.nsw.gov.au/yourcouncil/councilmeetings
Councillor Seating Map While the Councillor and Senior Staff seating map indicates the seating arrangement in most Council meetings, occasionally the seating may change based on the change to the venue or content experts.
Business Papers and Minutes Before each Council meeting, a Business Paper is prepared detailing the items that are to be presented to the Council meeting. Readers should be aware that the Recommendations and Notices of Motion as set out in the Council Business Paper are simply proposals to the Council for its consideration.
The Council may adopt these proposals, amend the proposals, determine a completely different course of action, or it may decline to pursue any course of action. The decision of the Council becomes a resolution of the Council and is recorded in the Council Minutes. Readers are referred to this separate document.
The Council Business Paper and the Council Minutes are linked by the common Item Numbers and Titles. Minutes from the meeting are confirmed at the following meeting, until then they are presented as draft unconfirmed minutes.
To Register to Speak at a Council Meeting Members of the public are welcome to address the Council on any items of business in the Business Paper other than: Unconfirmed Minutes; Minutes by the Mayor; Rescission Motions; Councillor Reports; Questions with Notice; Responses to Questions without Notice; Responses to Questions with Notice; Notices of Motion (including Rescission Motions) the Précis of Correspondence; and Matters of Urgency.
To address the meeting a speaker’s registration form must be completed at the speaker’s registration desk on the night of the Council meeting. To pre-register, the speaker’s registration form must be emailed no later than 4pm on the day of the meeting to [email protected].
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DEVELOPMENT APPLICATIONS – MATTERS FOR CONSIDERATION When determining a development application the Council is required to take certain matters into consideration. These must be relevant to the development application under consideration. These considerations are detailed under s. 79C (1) (Matters for consideration – general) of the Environmental Planning and Assessment Act 1979 and are reproduced below: 79C Evaluation (1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: (a) the provisions of: (i) any environmental planning instrument, and (ii)any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and (iii) any development control plan, and (iii) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and (v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates, (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, (c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest.
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OFFICERS REPORTS
PROVIDING GOOD GOVERNMENT Item 1, Ordinary Meeting, 27.02.18
ITEM NO: 1
SUBJECT: LIVESTREAMING OF COUNCIL MEETINGS
FILE NO: F11178 - 17/189094
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Council notes this report.
Report by Acting Group Manager People & Systems:
Reason for report This report comments on the options for and implications of implementing streaming of Council meetings and the capacity, requirement and cost associated with streaming council meetings.
Background At its meeting of 22 August 2017 the Council resolved the following:
“That the Council receives an updated report on live streaming Council meetings due to recent advancements in low cost streaming services.” [Minute No. 281]
This report is in response to the resolution and includes information obtained from other councils that are streaming, and professional external advice on the issues and cost involved with streaming.
The report notes the recent Office of Local Government consultation on the draft Model Meeting Code included consideration of streaming of Council meetings.
Live Streaming Streaming of Council meetings constitutes the casting of video and sound over the internet. This may take place as it happens (‘live’ streaming) or via the replay (webcast), at a later time, of a recording hosted on a website. Except where the context differentiates between these two, they are referred to together as ‘streaming’ in this report.
This report makes the following assumptions: Councillors, Council staff and members of the public are present during meetings. All may speak during a meeting, including members of the public, who can register to speak on agenda items. Any proposed video setup could be customised to only display footage of Councillors and selected senior staff. Any proposed video setup could be customised to not display footage of speakers however the audio recording would capture any speaker.
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Livestreaming does not provide an opportunity for those viewing the meeting to interact with the participants or meeting processes, and those wishing to address Council would still need to attend in person to make a public address.
Ability of Council to introduce streaming Currently, Council’s Code of Meeting Practice prohibits the use of recording equipment, excepting the official recording system to record proceedings at meetings of Council or its committee. Any recording of Council and committee meetings should be used for the purpose of confirming the correctness of the Minutes of meetings, but should not be otherwise published. The Minutes should then remain available as the public record of the meetings. A member of the public may only use a recording device to record a meeting of a Council or its Committees upon being granted consent by the Council or relevant Committee (reg.273(1) of the Regulation). The wording of these restrictions would need to be amended to permit streaming.
Consultation on the draft Model Code of Meeting Practice for Local Councils in NSW The Office of Local Government (OLG), in consultation with councils, has prepared a consultation draft of the proposed Model Meeting Code. This proposed Code includes a section on “Webcasting of meetings”. Section 5.18 proposes:
“All meetings of the council and committees of the council are to be webcast.”
Submissions as part of the consultation are being accepted up to COB Friday 16 March 2018. If there are no significant objections to this section of the Code it will become mandatory for all Councils to stream all meetings of the council and committees of the council.
Increasing access to Council meetings Blue Mountains City Council is committed to open, transparent and accountable decision making and providing access to Council Meetings. Council currently provides comprehensive business papers to inform the public ahead of its meetings and welcomes speakers to address council on items of interest to them. Council’s business papers are published online, midnight Tuesday, the week prior to the meeting. Unconfirmed minutes are made available within 3 working days following the Ordinary Meeting of the Council, on the Council’s website where they remain until confirmed at the following meeting. Following this, the Confirmed Minutes are displayed indefinitely on the website for the public to view. The Council website currently holds an archive of meeting Minutes dating back to 1998.
Everyone is entitled to attend a public meeting of the Council, however it is recognised in some instances the timing and location of the meeting makes this difficult. Streaming could provide greater access to Council Meetings. Streaming of Council meetings would extend the audience beyond those personally present by streaming the meetings and/or providing recording of the meetings for later access. Increasing the ways in which meetings are accessed can be seen as a positive aspect of streaming. It is argued that some members of the public are disadvantaged by being unable to attend. However, a desktop review and enquiries made to other NSW councils show that only a limited number of viewers stream council meetings, which should be considered in terms of the investment required to implement streaming. Of the 128 NSW councils 29 (22.66%) are currently livestreaming their council meetings. Only 59% of the Councils were able to provide viewers numbers details. From the information provided by these 17 councils it can be seen in the following table (Table 1) average viewer numbers varies greatly between councils with the overall average number of viewers per meeting being 66.
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Average views Council Comments meeting night First webcast 27/3/17. Webpage sound Albury City Council 40 settings need to be enabled for Explorer First webcast 27/9/2017 Armidale Regional Council Unknown At least 2 Cameras manually adjusted Bayside Council Long intro before meeting starts Unknown (administrator) 4 cameras one with Minutes Bega Valley Shire Council Does not work with Chrome saying it needs Unknown HTML5 Central Coast Council Picture very dark 42 (Administrator) Webpage sound settings need to be enabled City of Parramatta Council for Explorer Unknown (Administrator)
City of Ryde Council Impossible to watch due to buffering issues 19 Only have live streaming on meeting night no Coffs Harbour City Council archived videos of past meetings available to 4 view. Cootamundra-Gundagai Trial commenced October 2017. Webcasts Unknown Council Open Forum prior to meeting Eurobodalla Shire Council 76 Goulburn Mulwaree Council 4 cameras one with Minutes 55 Hilltops Council Commenced 27 September 2017 Unknown Hornsby Shire Council 21 Inner West Council Webpage sound settings need to be enabled 27 (Administrator) for Explorer 4 Cameras on councillors only Does not work with Chrome saying it needs Kiama Municipal Council HTML5 Unknown Intermittent sound impossible to watch Some previous meetings are OK 2 cameras Lane Cove Council Unable to enlarge on Explorer On Chrome 12 when enlarged very poor picture quality Trial Commenced October 2017. 4 Cameras. Lismore City Council Unknown Gallery filmed as well. Mid-Western Regional 4 Cameras one with Council Name 300 Council Chrome needs HTML5 updated Mosman Municipal Council 84 Doesn't load in Explorer Newcastle City Council On Chrome needs Adobe Flash Player 105 Updated Northern Beaches Council Unknown Security Alert Issues on Explorer Very poor picture quality North Sydney Council Unknown 3 Cameras
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Queanbeyan-Palerang Regional Council Very poor picture quality 34 (Administrator) Shellharbour City Council Commenced 17 October 2017 Unknown Snowy Valleys Council Commenced April 2017 51 (Administrator) Tenterfield Shire Council Commenced November 2016 42 5 cameras Security Alert Issues in Explorer not fixed switched between all cameras Wagga Wagga City Council 90 during meeting Commenced May 2017 Live streaming for 6 - 9 month trial 4 Cameras one with Council Name Does not work with Chrome saying it needs Wollondilly Shire Council 114 HTML5 Commenced in 2017 3 cameras one with Council Name Wollongong City Council Does not work with Chrome saying it needs Unknown HTML5 Table 1: Councils that livestream – Comments and average viewers
Legal and Risk Management Issues Legal Context: Defamation The NSW Ombudsman publication Better Service and Communication for Councils provides information about defamation. It states:
“A statement may be defamatory of a person if it is likely to cause an ordinary reasonable member of the community to think less of a person or to shun or avoid the person.”
Council meetings are not subject to parliamentary privilege, unlike state and federal parliament where MPs are given legal immunity. This means that Councillors are not protected from defamation action by absolute privilege. In addition if defamatory statements are made in a meeting that is streamed, Council could be liable as a publisher of those statements. This would allow an injured person to sue Council for damages. This is a level of risk that Council currently does not have. This is further complicated by the fact that Council, regardless if it were to put notifications and warnings in place, would have no control over the comments of individuals in a live streaming situation. Further risk could rise from conversations intended for private use may be inadvertently recorded by the microphones and become audible in the recording, becoming part of the public record.
Councillors acting within their official capacity at meetings of Council or Council Committees may have a defence of ‘qualified privilege’ to actions in defamation. The Office of Local Government’s Councillor Handbook 2017 instructs Councillors to read and understand sections 731, 732 and 733 of the Local Government Act 1993, which provides protection. This recognises that you may need to speak freely and publicly in carrying out your duties. However qualified privilege needs to be treated with great caution. It only covers statements made at a Council or Committee meeting when you are carrying out your duties and on business relevant to the Council. Statements also need to be made with good intentions.
Risk Assessment A risk assessment (Table 2) has been conducted around the proposal to live stream Council meetings:
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Conseque Likelihood Risk Cause Effect Treatment nce Defamatory Defamatory Council may be liable Education of Possible Major statement statement is for defamatory participants in recorded and statements made avoiding published via during the meeting. defamatory live streaming. statements Risk is increased when broadcast live.
Loss or reputation. Infringement Use, publishing Council might Obtain copyright Possible Moderate of Copyright or performing of infringe on copyright owners consent. copyrighted owners exclusive Avoid broadcasting material without right to the material material for which owners consent and could face council has not prosecution. obtained consent. Copyright Recordings of Council’s ability to Media monitoring Possible Moderate Council enforce its copyright meetings are is limited here there the property of is unauthorised Council redistribution or re- editing of the meeting. Breach of Use or Council may be liable Review meeting Possible Severe Privacy or disclosure of for breach of privacy content prior to Disclosure of personal, health if attendee is found meeting to ensure Personal or sensitive to have used or items pertaining to Information information disclosed personal personal or private about an information and that information are individual. information is made conducted in closed public. council and are not broadcast. Loss of Reputation. Publishing of Broadcasting of Council may be liable Determine Unlikely Minor Offensive Materials if it publishes appropriateness of Material involving materials involving meeting content offensive offensive content prior to meeting content such as which is likely to being broadcast. sex, drugs, cause offense to a violence, reasonable person. revolting or abhorrent Loss of Reputation phenomena. Offensive Offensive Council may be liable Code of Conduct Possible Major Behaviour behaviour on if it publishes basis of race, material that is Education of colour or reasonably likely to participants in national or offend, insult, appropriate and ethnic origin humiliate or expected behaviour intimidate an individual or group of people on the basis of race, colour or national or ethnic origin.
Loss of Reputation
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Vilification or Behaviour that Council may be liable Code of Conduct Possible Major inciting incites hatred or if it publishes hatred ridicules groups material that vilifies Education of on religious or groups on religious participants in racial grounds or racial grounds. appropriate and expected behaviour Loss of Reputation Confidential Some meeting Loss of Reputation Conduct in closed Possible Major or privileged items contain council, not council sensitive Professional broadcast information information such Indemnity as litigation or commercial in Inconvenience or confidence financial impact to third party.
Litigation Conflict of Comments by May convey an unfair Code of Conduct Possible Moderate Interest participants and advantage to a third broadcast may party. be perceived as a conflict of Result in loss of interest. income to third party.
Loss of Reputation Table 2 – Risk Assessment
There are a number of legal obligations, implications and exposures that should be taken into account by Council in considering whether to record and livestream Ordinary Meetings of Council. Confidential sessions in which the media and the public are excluded by a resolution under 10A of the Local Government Act 1993 (NSW) should not be recorded. If Council resolves to livestream to mitigate the risk of potentially livestreaming a closed part of the Council Meeting, the Meeting should pause prior to commencing discussion of any confidential matter for the Chair to confirm with staff responsible for the management of the livestream that the livestream has been paused.
The Surveillance Devices Act 2007 (NSW) would require advice be provided to members of the public attending meetings that a recording of the meeting will be made. Therefore, attendees would need to be advised their voice may be recorded and their image transmitted. Council will also need to comply with the Privacy (Personal Information) Protection Act 1998 (NSW) (PPIPA), which imposes obligations upon Council in relation to the collection, use and disclosure of personal information. Personal information may also be inadvertently given by public speakers revealing third party information without the required consent. Public speakers may also have concerns for the wide release of their recorded and streamed presentation, which may result in less of an opportunity for them to participate at a council meeting.
Copyright The webcast would be subject to copyright under the Copyright Act 1968 (Cth) and could not be reused or reproduced without the consent of Council. Webcasting is permanently in the digital sphere with people’s capacity to save a copy to their personal computer or being able to email it to third parties. There is a current trend of doing a ‘mashup’ of footage from political meetings which have been posted on forums such as You Tube to either misrepresent an issue or to provide comedy clips. Once the information is released the Council can’t control how it is used or the context in which it is used.
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Recordkeeping GA39 General Retention and Disposal Authority: Local government records reference number 13.6.2 provides that records relating to the preparation of meetings and production of minutes include draft minutes, transcripts and audio-visual records must be retained until the minutes of the meeting have been confirmed and then they may be destroyed. Until this time the livestream recording is classified as open access information under the Government Information (Public Access) Act 2009 (NSW).
Requirements and Options Livestreaming of the Council meetings requires certain equipment and services. Streaming involves capturing the meeting proceedings through microphones and/or video camera(s), transferring the audio and/or video feed to a computer, compressing and encoding the file and making the audio and/or video available on a website designed to host such data.
Council does not currently have the necessary equipment, technology or licenses to provide audio and/or video streaming. The equipment requirements to provide streaming, whether audio and/or video, would require Council to upgrade/purchase the following:
Upgrade of microphones and audio interface equipment; Upgrade of audio recording equipment; Upgrade of the Council Chamber computer including a sound card, greater processing power, increased disk space and the addition of encoding software; Purchase of video cameras, tripods/mounting equipment and video editing software for video webcasting; and Purchase of a commercial streaming service – to provide a server where live and archived audio broadcasts are hosted.
Furthermore, with an in-house solution the Council would require an additional suitably skilled staff member to be present at Council Meetings to manage and maintain the recording equipment.
In a previous report to Council it was advised that set up costs to allow for streaming to occur ranged between $6,000 to $86,000. Current investigations have found that this advice is still valid based on today’s market prices. The following information is indicative of costs estimated:
OPTION Details Staffing Indicative estimate Cost Equipment PTZ IP Camera Auto Tracking Software HDMI Transmitter/Receiver Kit Digital Media Switcher $54,718 Excluding In-House Does not include: content $3,600 per year GST streaming service (equipment only) Maintenance (Annual) Software maintenance/renewal, Hardware replacement (4 yearly cycle) - $3,500 Annual Budget Service Provided $24,000 (per Outsourced 3 face tracking cameras $2,000 per year year) Appropriate mics to capture all
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councillors, staff and a public gallery mic for questions Chairman’s button to mute the audio as desired.
Includes: Ad free streaming of meeting to around 500 viewers direct or in conjunction with a feed to the Council’s Facebook page No Change Meetings not streamed $2,000 per year Table 3: Option costings
Sustainability Assessment Effects Positive Negative Environmental Nil The purchase of electronic equipment which will need to be replaced on a regular basis as internet technology advances. Social The public would have another May result in private information avenue to access information that about people been released. takes place in the Council Meeting at no cost to the viewer. Economic Nil No budget has been allocated, the funds will need to allocated from another project. Governance Nil Broadcasting of meeting may increase the likelihood of exposing the Council to claims of defamation and privacy breach.
Financial implications for the Council There is currently no budget allocation to upgrade and purchase the necessary equipment and support staff to stream Council meetings as an in-house function. The Council has a commitment of living within our means, which is reinforced by the six point financial strategy contained within the Resourcing Strategy 2017-2027. The financial implications and ongoing costs associated with this project are considered not to meet the Council’s value for money approach to decision making and efforts for a financially sustainable Council at this time.
Should the Council decide to adopt one of the options to stream meetings, a funding source will need to be identified to implement and maintain this initiative.
Legal and risk management issues for the Council Broadcasting of meetings may increase the Council and members of the public exposure to risk of defamation and in turn, increase legal costs to the Council.
External consultation Other Councils were consulted in the benchmarking exercise. The results of this consultation are submitted in table 1. Conclusion The experience of the councils that were contacted and benchmarked indicated that after the initial interest, the number of listeners to a Council meeting via web or podcasting fell to low numbers. The positive aspect of increased access to Council meetings provided by streaming would have to be balanced with the issues of cost, resources required, legal and
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risk issues (such as defamation, WS Act and PPIPA compliance) and the low average level of viewership of Council meetings.
On balance, it is considered that the introduction of streaming would pose an unnecessary and uncontrollable legal risk whilst delivering a comparatively limited benefit for the expenditure involved. Therefore, based on that assessment of risk, it is recommended that no further action be taken on this matter, but noting that the outcome of the consultation on the draft Model Meeting Code may ultimately make streaming of Council meetings mandatory. At such time Council will be required to comply with the Code. At this time, it is possible further specifications of requirements will be indicated that would need to be considered at the time of implementation. Further by waiting until these details are confirmed will provide Council opportunity to commence planning from a business and budget perspective and capitalise on the lessons learnt of other Council’s experiences.
Given the limited access benefit, the risk of exposure to privacy and defamation claims made against the Council, together with the initial and ongoing costs associated with implementing streaming, it does not reflect good value. As such, it is recommended that the Council continue with the current practice to make the Council Meeting recording available for public purchase, for a period of time following the meeting, under the Fees and Charges Schedule at a reduced rate of $30 to come in line with the Government Information (Public Access) Act (GIPA) 2009 application fee.
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ITEM NO: 2
SUBJECT: REVIEW OF DELEGATIONS OF AUTHORITY
FILE NO: F11178 - 18/21457
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendations:
That, in accordance with s377(1) of the Local Government Act 1993 (LGA), the Council delegates to the General Manager of the Council (being the person appointed to the position of General Manager or acting from time to time as General Manager, whether on a permanent or temporary basis) the functions of the Council as recorded in Schedule 1 to this Instrument, subject to the limitations and exceptions specified in Schedule 2 to this Instrument, such delegations to be effective from 1 March 2018, with the previous instrument of delegation remaining effective up to and including 28 February 2018.
SCHEDULE 1 (a) All powers, authorities, duties and functions of the Council conferred under the Local Government Act 1993 other than the functions listed in Section 377 of that Act as matters incapable of being delegated. (b) Subject to the delegation made in paragraph (c) of this Schedule, all powers, authorities, duties and functions conferred or imposed on the Council under any other Act or regulation, in accordance with Section 381 of the Local Government Act 1993, including but not limited to: Biosecurity Act 2015 (NSW) Boarding Houses Act 2012 (NSW) Cemeteries and Cremetoria Act 2013 (NSW) Children (Education and Care Services) National Law (NSW) Companion Animals Act 1998 (NSW) Conveyancing Act 1919 (NSW) Crown Lands Act 1989 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Fire and Emergency Services Levy 2017 (NSW) Food Act 2003 (NSW) Government Information (Public Access) Act 2009 (NSW) Impounding Act 1993 (NSW) Land and Environment Court Act 1979 (NSW) Library Act 1939 (NSW) Liquor Act 2007 (NSW) Local Government (State) Award 2014 Privacy and Personal Information Protection Act 1998 (NSW) Protection of the Environment Operations Act 1997 (NSW) Public Health Act 2010 (NSW) Public Interest Disclosures Act 1994 (NSW) Roads Act 1993 (NSW) Road Transport Act 2013 (NSW) Rural Fires Act 1997 (NSW) State Emergency and Rescue Management Act 1989 (NSW) State Records Act 1998 (NSW)
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Strata Schemes Development Act 2015 (NSW) Swimming Pools Act 1992 (NSW) Trees (Disputes between Neighbours Act) 2006 (NSW) Waste Avoidance and Resource Recovery Act 2001 (NSW) Workers Compensation Act 1987 (NSW) (c) In accordance with s23I(2)(b) and s23I(3) of the Environmental Planning and Assessment Act, 1979 (NSW), the Council’s functions as a consent authority under Part 4 of that Act.
SCHEDULE 2 LIMITATIONS (a) A power, authority, duty or function the subject of this delegation shall not be exercised in a particular case if the holder of the office of General Manager receives a direction from the Council withdrawing a power, authority, duty or function in relation to any matter for which the Council is enabled to withdraw that power, authority, duty or function. (b) These delegations may be exercised only in accordance with legislation, Ministerial Directions, prescribed standards, codes, policies and decisions of Council. (c) Dealings relating to matters involving Council properties or properties under Council’s care and control are limited to the following: (i) determination, management and oversight of matters involving asset works, maintenance, repairs and improvements together with operational matters in relation to those properties and buildings; (ii) preparation of applications and the making of determinations under Part 5 of the Environmental Planning and Assessment Act; (iii) preparation and lodgement of development applications; and (iv) determination of land use matters, including but not limited to event applications, leases and/or tenancies. EXCEPTIONS (a) Resolution of any issue (not involving the exercise of the Council’s functions as a consent authority under Part 4 of the Environmental Planning and Assessment Act 1979) that, in the opinion of the of the Councillors, by way of a notice of motion and/or Mayor and/or the General Manager and/or any Administrator, is one of major public interest or controversy. (b) Those functions or matters which are required to be exercised ‘by resolution’ of the Council.
Report by General Manager:
Reason for report The review of delegations required by Section 380 of the Local Government Act 1993 (NSW) (‘LG Act’) was completed in August 2017. This was adopted by the Council at the Ordinary Meeting of the Council on 22 August 2017 [Min No. 256].
An update to these delegations is necessitated by legislative changes under section 23I of the Environmental Planning and Assessment Act 1979 (NSW) (‘EP&A Act’). As a result of these changes, elected Councillors will no longer have a role in the determination of applications, effective from 1 March 2018. This role will instead be carried out by a Local Planning Panel in accordance with the Section 117 Direction issued by the Department of Planning and Environment.
The recommended update to delegations is set out in Attachment 1.
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Background Under section 377 of the LG Act, the Council may delegate to the General Manager or any other person or body, any of the functions of the Council other than the matters set out in that section. The Council delegates functions only to the General Manager.
The General Manager may delegate to other employees any of the statutory functions of a General Manager and sub-delegate a function delegated by the Council to the General Manager. The power to delegate cannot be delegated. This regime enables the General Manager to establish a workable framework of delegations to those persons qualified to perform functions on the Council’s behalf and these frameworks are currently completing their internal review.
The form of delegations to the General Manager is by exception. That is, the General Manager is empowered to carry out all functions of the Council except those functions specified in section 377 of the LG Act and other limitations and exceptions included in the instrument of delegations.
Following recent changes to section 23I of the EP&A Act, certain development applications will be referred to a Local Planning Panel. Section 23I also requires that certain development applications may be determined by “an officer or employee of the council to whom the council delegates those functions”. Matters which are not the responsibility of a Local Planning Panel should be delegated to the General Manager for sub-delegation to planning staff so as to eliminate any gaps in Council’s decision-making authority and permit efficient operation of planning functions.
The Council is not required to delegate to a Local Planning Panel as the Local Planning Panel powers are conferred by legislation and Ministerial Direction. The full role of the Local Planning Panel and impact of changes is explained in a separate report in this Business Paper.
Recommended changes from previous delegations Having regard to section 23I of the EP&A Act, it is recommended that the General Manager’s instrument of delegation be amended, primarily to delete references in its delegation to the General Manager of 22 August 2017 [Minute No. 256] to those Exceptions in Schedule 2 that require the referral of certain development applications or related matters to the Council for determination.
A summary of the key changes follows: Description of change Reason for change Inclusion of new paragraph 2 regarding The EP&A Act changes are effective from 1 effective date. March 2018. Reflecting that the changes are in response to the EP&A Act, the effective date of the delegations should be aligned accordingly. Inclusion of new Paragraph (c) of Schedule 1 To include an explicit reference to Council’s and associated cross reference in paragraph functions as a consent authority under Part 4 (b) of Schedule 1. of the EP&A Act. Deletion of the following exceptions in To reflect that the Council no longer has Schedule 2: former paragraphs (a), (b), (d), these decision making powers as a result of (e), (f) and (g)(iii). the establishment of the Local Planning Panel powers. As such, the Council cannot set these exceptions.
The effect of this will be to permit an officer or employee of the Council to determine all development applications, except where
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those matters are to be determined by a local or regional panel. Move of former paragraphs (g)(i), (g)(ii) and To remove use of double negatives and to (g)(iv) from Schedule 2 to LIMITATIONS and improve wording for clarification purposes revision of wording. and to ensure specific reference to certain operational functions. Amendment of EXCEPTIONS paragraph (a) To include an explicit reference to (formerly paragraph (c)). Council’s functions as a consent authority under Part 4 of the EP&A Act; and To reflect that identification of matter of public interest or controversy is not limited to the role of the Mayor and General Manager.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Council is addressing maintenance of good governance Nil around delegations, while also addressing part of its statutory requirement under section 380 of the Local Government Act 1993.
Financial implications for the Council There are no financial implications to Council with respect to the adoption of these recommendations.
The use of a Local Planning Panel does have financial implications to the Council, which is explained in a separate report in this business paper.
Legal and risk management issues for the Council The recommended changes address legal and risk implications by providing delegated authority for the functions of Council and to address potential gaps in decision-making powers with respect to development decisions.
External consultation No external consultation is required.
Conclusion The Council has a general power to delegate functions to the position of the General Manager under section 377 of the Local Government Act. By resolving the General Manager’s instrument of delegations, the Council is enabling the General Manager to carry out all functions of Council except those functions specified in section 377 of the LG Act and other limitations and exceptions included in the instrument of delegations. Certain planning decisions will be required to be referred to a Local Planning Panel for determination in accordance with the Section 117 Direction issued by the Department of Planning and Environment.
ATTACHMENTS/ENCLOSURES
1 Draft delegations to the General Manager - February 2018 18/33611 Attachment
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Attachment 1 - Draft delegations to the General Manager - February 2018
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ITEM NO: 3
SUBJECT: TERMINATION OF ANNUAL TOURIST BUS FEES AT ECHO POINT
FILE NO: F11178 - 17/102772
Delivery Program Link Principal Activity: Sustainable Economy Service: Economic Development and Tourism
Recommendations:
1. That the Council notes that Sevenex (also known as Fivex Pty Ltd) owners of the Three Sisters Pavilion have terminated their annual fee to Council for parking of tourist buses at Echo Point; and
2. That the Council awaits outcomes of the draft Visitor Infrastructure Investment Strategic Plan consultation process prior to determining its preferred option for paid parking of tourist buses at Echo Point.
Report by Director City & Community Outcomes:
Reason for report This report confirms that as of 31 December 2017 the Council no longer receives an annual payment for the parking of tourist buses at Echo Point. This annual payment of $15,840 was previously paid for by Sevenex (also known as Fivex Pty Ltd), owners of the Three Sisters Plaza.
Background A licence agreement was established in July 2009 in which Sevenex, owner of the Three Sisters Plaza agreed to pay Council an annual fee of $15,840 for the bus parking outside their premises in lieu of Council charging for bus / coach parking at Echo Point. Council agreed in return to remove parking meters in the road reserve outside their premises that had once been installed for bus parking. Clause F of this agreement states:
“Sevenex, both for its own benefit and for the benefit of the lessees, agrees to make certain payments to the Council to compensate the Council for the ongoing revenue that it will forego if it continues to postpone the installation of parking meters for buses and coaches in the Echo Point Precinct.”
In August 2015 a revised license with Sevenex was drawn up with a 5% increase, for an annual fee of $16,632 but this proposed new license agreement was never signed. In the absence of a renewed agreement, the former agreement continued on a month to month basis, until 31 December 2017.
The termination of this annual payment has coincided with two investigations into the potential of generating revenue through the introduction of tourist bus parking fees at Echo Point and potentially wider across the Local Government Area. The outcomes of these assessments are summarized below:
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Echo Point Tourist Bus Parking Fee Assessment (2017) This process provided a comparative analysis, review of market tolerances and an economic assessment to determine the market value of parking at this site. The report identified that the current annual payment was insufficient and not consistent with market values associated with parking at this site.
Draft Visitor Infrastructure Investment Strategic Plan (2017) The Strategic Plan, in part informed by the above assessment, identified a number of revenue streams that could fund investment in tourism infrastructure. The draft plan identifies paid bus/coach parking, including Echo Point and across the Local Government Area as a revenue stream which should be further considered for implementation. Note that the outcomes of this Draft Strategic Plan consultation process are currently unknown and are yet to be reported to Council (anticipated March 2018).
Termination of Annual Fees by Sevenex The consequences associated with the termination of this annual fee from 31 December 2017, are considered negligible given the longer term process identified above; however, it has resulted in a loss of income to Council to the value of $15,840 annually. It should be noted that these fees were previously deposited into the general revenue account impacting on City Presentation.
As a result of the termination of the agreement, there is no income being received from tourist bus parking at Echo Point or anywhere in the City. However, Council will consider available options for the implementation of tourist bus fees once the outcomes of the Draft Visitor Infrastructure Investment Strategic Plan are known.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Council’s review into tourist bus The termination of the previous parking fees demonstrates a desire agreement has resulted in an to receive revenue consistent with annual loss of $15,840. market values in order to offset the financial impact paid for by local residents in support tourism. Governance This Council report demonstrates Any loss of revenue may be transparency on matters relevant to perceived as negative and working the community. against tourism and the community.
Financial implications for the Council This Council confirms that due to the termination of annual fees by Sevenex, the Council now receives $15,840 less income annually, negatively impacting on its City Presentation – Service Delivery, general revenue account.
Legal and risk management issues for the Council There are no known legal or risk issues associated with this reduced income.
External consultation External consultation with Sevenex occurred at various times and through written correspondence, emails and phone calls during 2017. No other external consultation has occurred.
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Conclusion It is recommended that Council note the termination of annual fees from Sevenex for tourist buses at Echo Point and await outcomes of the draft Visitor Infrastructure Investment Strategic Plan prior to determining its preferred option for paid parking of tourist buses at this site.
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- 31 - PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 27.02.18
ITEM NO: 4
SUBJECT: REVISED GENERAL POWER OF ATTORNEY
FILE NO: F11178 - 18/14618
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendations:
1. That the Council appoints the holders of the following positions; the Mayor, the General Manager, and the Executive Officer as Council’s attorneys to execute on Council’s behalf all documents necessary to give effect to resolutions of Council and/or any duty properly delegated by Council;
2. That the Council notes that the instrument of appointment of the holders of the following positions; the Mayor, the General Manager, and the Executive Officer, will be registered with NSW Land Registry Services as holding Power of Attorney for the Council;
3. That the Council revokes General Power of Attorney, Book 4657 number 435, and that attorneys be notified; and
4. That the Council grants authority for the affixing of the Council Seal to the General Power of Attorney and revocation instruments to give effect to the abovementioned arrangements.
Report by Acting Group Manager People & Systems:
Reason for report The appointment of a new General Manager has triggered a review of the appointments of those roles holding Power of Attorney for the Council.
The appointments for Council’s current power of attorney were adopted by Council at the Ordinary Meeting of 15 October 2013, where it was resolved:
1. “That the holders of the following positions; the Mayor, the General Manager, the Public Officer and the Group Manager, People and Systems be appointed as Council’s attorneys to execute on Council’s behalf all documents necessary to give effect to resolutions of Council and/or any duty properly delegated by Council;
2. That the instrument of appointment of the holders of the following positions; the Mayor, the General Manager, the Public Officer and Group Manager, People and Systems, be registered with the Department of Lands as holding Power of Attorney for the Council; 3. That the General Power of Attorney, Book 4644 number 756, is revoked and attorneys notified; and
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4. That authority is granted for the affixing of the Council Seal to the General Power of Attorney and revocation instruments to give effect to the abovementioned arrangements.” [Min no. 421]
It is appropriate that the former power of attorney be revoked, as per the draft at Attachment 1.
Background The General Power of Attorney, outlined in Attachment 2, is a verification tool for parties of transactions with the Council, who do not necessarily have detailed knowledge of the local government area or of the delegations/authority structures that it puts in place. The signature of a document under power of attorney communicates unquestioned authenticity.
Three attorneys are appointed, as the incumbents of the positions of Mayor, General Manager, and Executive Officer (Public Officer). While four persons have been appointed previously, it has been determined that three positions is sufficient to cover periods of leave and absence, including work related absences. It is appropriate that a power of attorney be granted to the persons in these positions to enable them to efficiently carry out their duties.
The power of attorney cannot be delegated to other persons.
Land dealings by a Council must be executed (i) under the Council’s seal, (ii) by an attorney under power of attorney or (iii) by an authorised delegate. Signatures must be accompanied by the power of attorney book number for the purposes of validation and verification of authenticity of signing authority.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Ability to efficiently process transactions on behalf of Nil the community. Economic Nil Nil Governance Compliance with the legal provisions where Nil representation by Power of Attorney is required for delegated authority.
Financial implications for the Council There are no financial implications in appointing the holders of power of attorney.
Legal and risk management issues for the Council There are no legal and risk management implications in appointing the holders of power of attorney. The authority conveyed by the Power of Attorney, which is primarily for the purposes of dealing with the NSW Land Registry Services, can only be validly used where a delegation of authority exists.
External consultation Consultation is not required in the process of appointing holders of power of attorney.
Council’s legal representatives have been consulted in the preparation of the instrument of power of attorney.
Conclusion Council requires at least three persons, as nominated under the Local Government Act 1993, to act as Council’s attorneys under power of attorney. The power of attorney needs to be
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adopted as outlined in the recommendations of this report and, once executed, the instrument must be registered with the NSW Land Registry Services.
ATTACHMENTS/ENCLOSURES
1 Revocation of Power of Attorney 18/29664 Attachment 2 General Power of Attorney 18/29658 Attachment
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Attachment 1 - Revocation of Power of Attorney
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Attachment 2 - General Power of Attorney
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- 40 - PROVIDING GOOD GOVERNMENT Item 5, Ordinary Meeting, 27.02.18
ITEM NO: 5
SUBJECT: CONFIDENTIAL BUSINESS PAPER – WESTERN SYDNEY CITY DEAL
FILE NO: 18/32226
Recommendations:
1. That Item 5 in the Business Paper be deferred for consideration until all other business of this meeting has been concluded; and
2. That the Council close part of the Council Meeting for consideration of Item 5 in the Confidential Business Paper - Western Sydney City Deal pursuant to the provisions of Section 10A(2) (d i) of the Local Government Act 1993, as the report contains and discussion is likely to involve:
(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Report by General Manager:
This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993.
The matter to be dealt with relates to Western Sydney City Deal and involves discussion of commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so.
In this case, the reason for closing that part of the meeting to consider Item 5 in the Confidential Business Paper is that the report includes, and discussion is likely to involve commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
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- 41 - PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 27.02.18
ITEM NO: 6
SUBJECT: ANNUAL CODE OF CONDUCT REPORT
FILE NO: F11178 - 18/20800
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Council notes the Complaints Coordinator’s statistical annual report under the Council’s Code of Conduct of complaints relating to Councillors and the General Manager, which are required to be reported to the Council under Part 12.1 of the Procedures for the Administration of the Code of Conduct, for the period 1 September 2016 to 31 August 2017.
Report by Acting Group Manager People & Systems:
Reason for report The purpose of this report is to ensure that the Council notes, for the period 1 September 2016 to 31 August 2017, that: The Complaints Coordinator’s annual report under Part 12.1 of the Council’s Procedures for the Administration of the Code of Conduct (‘the Procedures’) for complaints in relation to Councillors and the General Manager is presented in the report; and The required Code of Conduct report was submitted to the Office of Local Government on 28 December 2017 in accordance with part 12.2 of the Procedures.
Background On 13 December 2016, the Council adopted its Code of Conduct (‘the Code’) which was based on the Model Code prepared by the Office of Local Government. At the same time, the Council reaffirmed the continuance of the Procedures.
The Code states that Councillors, administrators, members of staff of council, independent conduct reviewers, members of Council committees, including Conduct Reviewers and delegates of the Council, must comply with the applicable provisions of the Code. The Code applies when carrying out functions as Council officials. Mechanisms are contained within the Code and Procedures for the reporting of complaints against Council Officials and the subsequent management of those complaints.
The following statistical summary reflects the information required to be reported to the Council under 12.1 of the Procedures. Furthermore, this information is provided in a statistical format as the disclosure of information relevant to the review of conduct is not open access information.
Complaints received in 2016-2017 The following statistics as required by Part 12.1 of the Procedures are provided for the period 1 September 2016 to 31 August 2017:
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The total number of code of conduct complaints made about 3 councillors and the general manager under the code of conduct in the year to September The number of code of conduct complaints referred to a conduct 3 reviewer The number of code of conduct complaints finalised by a conduct 1 reviewer at the preliminary assessment stage and the outcome of Resolution by those complaints alternative means The number of finalised code of conduct complaints investigated by 1 a conduct reviewer The number of finalised code of conduct complaints investigated by 0 a conduct review committee Without identifying particular matters, the outcome of code of 1 conduct complaints investigated by a conduct reviewer or conduct Breach finding review committee under these procedures The number of finalised matters reviewed by the Office of Local 0 Government (OLG) and, without identifying particular matters, the outcome of the reviews The total cost of dealing with code of conduct complaints made $29,126 about councillors and the general manager in the year to September, including staff costs
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance The annual code of conduct report provides Nil accountability and transparency to code of conduct processes. Furthermore, the report ensures compliance requirements under the Local Government Act and Council’s Code of Conduct are met by the Council.
Financial implications for the Council Allegations of breaches of the Code firstly require that an initial review of the allegation is made to determine whether the complaint should be referred for investigation. If the complaint is investigated, this may require a substantial allocation of time and resources. The cost of independent conduct review for the period 1 September 2016 to 31 August 2017 in relation to Conduct matters reportable to the OLG was $29,126, which was within budget.
Legal and risk management issues for the Council Probity risk is generally reduced through the effective implementation of the Code of Conduct.
External consultation No external consultation has taken place in the preparation of this report.
The Annual Code of Conduct Return was provided to the OLG prior to the end of December 2017.
Conclusion This report ensures that the Council receives the Code of Conduct statistics report as required under Part 12.1 of the Council’s Procedures for the Administration of the Code of Conduct for the period 1 September 2016 to 31 August 2017.
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- 43 - PROVIDING GOOD GOVERNMENT Item 7, Ordinary Meeting, 27.02.18
ITEM NO: 7
SUBJECT: PRIMA 2018 ANNUAL CONFERENCE - EXPRESSION OF INTEREST
FILE NO: F11178 - 18/26957
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendations:
1. That the Council notes the expression of interest submitted by Councillor Bowling to attend the PRIMA 2018 Annual Conference 3 – 6 June 2018 in Indianapolis, USA, being coordinated by Civic Risk Mutual; and
2. That the Council endorses Councillor Bowling’s attendance, as the Council’s representative to the Board of Civic Risk Mutual, to the PRIMA 2018 Annual Conference 3 – 6 June 2018 in Indianapolis USA at no cost to Council and subject to successful selection by the Civic Risk Mutual Boards.
Report by Acting Group Manager People & Systems:
Reason for report The reason for this report is to inform the Council of Councillor Bowling’s Expression of Interest (EOI) to attend the Public Risk Management Association (PRIMA) 2018 Annual Conference 3 – 6 June 2018 in Indianapolis, USA, and to seek Council endorsement to attend if EOI is successful.
Background At the Ordinary meeting of Council on 27 September 2016 Council appointed Councillor Bowling to the Westpool and United Independent Pool (UIP) Board’s for the term of Council, Minute no. 269.
Early the 2017 United Independent Pools rebranded and became CivicRisk Mutual while Westpool and Metro Pool have been renamed as CivicRisk West and CivicRisk Metro. Civic Risk Mutual is a self-managed, self-funded mutual owned and operated entirely by members of which Blue Mountains City Council is a member.
Expression of Interest Civic Risk Mutual provides an opportunity each year to selected members to attend the annual PRIMA (Public Risk Management Association) conference as part of its professional development program. Costs associated with airfares, accommodation, conference registration and daily allowance are covered. Civic Risk Mutual has called for Expressions of Interest (EOI) from it Board Members to attend the Public Risk Management Association (PRIMA) 2018 Annual Conference being held overseas in Indianapolis USA 3 – 6 June 2018. Board members were requested to submit EOI’s before 31 January 2018 and successful applicants will be notified after the Board Meetings of Civic Risk West and Civic Risk Metro in February 2018.
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As a Board member and to meet the deadline for the submissions Councillor Bowling has submitted his EOI to attend the conference.
Councillor Facilities & Expenses Policy All interstate and overseas conference attendance requires Council approval. In line with section “4.6.3 Overseas travel” of the Councillor Facilities & Expenses policy the following outlines the purpose of the trip and expected benefits, along with the duration, itinerary and approximate total costs:
Purpose: The PRIMA 2018 Annual Conference provides a unique opportunity for attendees to connect with and learn from peers and thought leaders from inside the industry. The PRIMA 2018 Annual Conference Offers: Three days of learning opportunities with daily general sessions and more than 55 classroom sessions; Multiple opportunities to meet with vendors who are ready with products and services geared to make the work of public sector risk managers more efficient and cost- effective; and Networking time, scheduled and spontaneous, with colleagues from across the country who recognize the influence of public sector risk managers and are ready to help them succeed.
Refer to attachment 1 – PRIMA 2018 Conference Brochure for more detailed conference information.
Benefits: Civic Risk Mutual is an insurance business currently owned by a pool of some 27 NSW local government councils. The concept, growth and function of Civic Risk Mutual (CRM) is commendable and has so far brought all member councils significant financial benefit. Cr Bowling has the belief that Civic Risk Mutual has the potential to grow substantially, first within the NSW, and later across all Australian states.
The PRIMA conference includes pooling groups and Cr Bowling sees the conference as an opportunity to learn how they have expanded, developed product ranges, progressed management structures to cope with growing enterprises, and distributed or retained profits. Re-insurance providers and underwriters are attending the conference and Cr Bowling would like to learn how these businesses function and interact with the pooling enterprises. Changes, trends and developments in risks, particularly cyber risks are areas in which Cr Bowling would like to expand his knowledge – the good, the bad and the ugly.
In general, Cr Bowling wishes to increase his knowledge of the insurance industry so that I can better contribute as a Director to the management of Civic Risk Mutual – improve his understanding of how it functions, the role reinsurance plays, risk assessment, and actively participate in the management of its growth.
Duration/Itinerary: Conference dates 3 – 6 June 2018 (See Attached Program)
Total Costs: All costs will be covered by Civic Risk Mutual.
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Strengthening and building of new risk management Nil networks to better inform Council. Economic No cost to Council Nil
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Effects Positive Negative Governance The knowledge gained will assist Council in its risk Nil management and due diligence.
Facilitates the professional development of Councillors.
Financial implications for the Council There are no financial implications to Council if Councillor Bowling is selected to attend this conference as Civic Risk Mutual cover the cost of the conference registration, flights and accommodation for its nominated members as part of training and education of its members.
Legal and risk management issues for the Council Councillor Bowling if selected will travel to Indianapolis, USA with other nominated Civic Risk Mutual board members. Accommodation for all board members will be provided at the same location and group transport to and from the conference venue has been pre-organised.
External consultation Nil
Conclusion It is recommended that Council notes that Councillor Bowling has submitted an EOI to attend the PRIMA 2018 Annual Conference being held in Indianapolis, USA 3 – 6 June 2018 and if his EOI is successful Council is required to approve the overseas conference attendance.
ATTACHMENTS/ENCLOSURES
1 PRIMA-ConfBroch2018-Web-Final 18/31369 Attachment
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Attachment 1 - PRIMA-ConfBroch2018-Web-Final
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- 54 - PROVIDING GOOD GOVERNMENT Item 8, Ordinary Meeting, 27.02.18
ITEM NO: 8
SUBJECT: COUNCILLOR ATTENDANCE AT BRIEFING SESSIONS
FILE NO: F11178 - 18/27095
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Council notes the attendance of Councillors at briefing sessions during the period 4 October 2016 to 28 November 2017 as tabled in the report below.
Report by Acting Group Manager People & Systems:
Reason for report At the Ordinary Meeting of the Council on 25 June 2013, it was resolved in part:
“2. That with Council moving to a monthly meeting cycle the attendance at all briefing sessions is recorded and reported in the subsequent Business Paper of the Ordinary Meeting;” [Minute No. 249]
Subsequently, at the Ordinary Meeting of the Council on 17 September 2013, it was resolved:
“That the Council notes the attendance at briefing sessions for the period listed below and that attendance at further briefings sessions be reported annually.”
[Minute No. 371]
Councillor briefing session attendance During the period from 4 October 2016 to 28 November 2017 there were a total of 38 Councillor Briefings held.
Newly Elected Councillors On Saturday 10 September 2016 a new term of Councillors were voted into office, this report outlines the attendee to the Councillors briefings from that time.
The following table indicates attendance at Briefing and Strategic Sessions as either: Attended; Apology; Absent; or On Council business.
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Councillor Attended Apology Absent On Council Business Bowling, Darryl 34 4 Brown, Kerry 37 1 Christie, Brendan 24 14 Fell, Mick 34 4 Foenander, Shae 30 8 Hoare, Brent 35 3 Greenhill, Mark 37 1 Hollywood, Romola 35 2 1 McGregor, Don 35 3 Myles, Daniel 27 11 Schreiber, Kevin 31 7 Van der Kley, Chris 34 4
Conclusion That the Council notes the attendance of Councillors at Briefing and Strategic Sessions held between 4 October 2016 to 28 November 2017, as listed in the table within the report.
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- 56 - PROVIDING GOOD GOVERNMENT Item 9, Ordinary Meeting, 27.02.18
ITEM NO: 9
SUBJECT: PERFORMANCE OF INVESTMENTS FOR JANUARY 2018
FILE NO: F11178 - 18/28280
Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management
Recommendations:
That the Council notes the performance of invested monies for January 2018, including:
That as at 31 January 2018 funds held in investment total $34.1 million; and
The enclosed certificate of the Responsible Accounting Officer.
Report by Acting Group Manager Integrated Planning & Finance:
Reason for report This report on the performance of invested monies for January 2018 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the BMCC Investment Policy.
The report certifies that the Council’s investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.
Council Investment Portfolio Analysis (refer Table 1) At the 17 October 2017 meeting, the Council adopted a revised Investment Policy (Minute No. 240). The revised policy allows Council to diversify the investment portfolio, in accordance with the policy, by giving preference to Environmentally and Socially Responsible Institutions, where: The investment is compliant with legislation and the Investment Policy; and The rate of return is equal to comparable risk-based investments on offer to Council at the time of investment.
The investment portfolio currently complies with the Investment Policy limits: Credit rating – the majority of the portfolio is with AA- rated institutions (see Table 1 below); and Term to maturity – currently 100% of the portfolio is <1 year (policy maximum is 100%).
The schedule of the Council’s investments for January 2018 is provided at Table 1. Funds held in investments of $34.1 million, have decreased by $4 million compared with the previous month, as was projected. Historically at this time of year, cash inflows from rates and other sources are lower whilst cash outflows are higher.
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(Table 1) SCHEDULE OF INVESTED MONIES FOR JANUARY 2018 Institution & Fund Maturity Current Rate Funds Funds Change Comment Date Rating Held - Held - From Valuations Valuations Previous $ ,000 Previous Month Month ,000 $,000 At Call & Term Deposits:- NAB Professional at call n/a 1.71% 4,603 3,089 1,514 Cashflow transfers Funds
ANZ 13/01/2018 AA- 2.50% 0 4,500 -4,500 Cashflow Withdrawal CBA 28/02/2018 AA- 2.55% 5,000 5,000 0 No movement CBA 27/04/2018 AA- 2.51% 4,000 4,000 0 No movement CBA 28/06/2018 AA- 2.55% 3,000 3,000 0 No movement National Aust. Bank 15/06/2018 AA- 2.55% 2,000 2,000 0 No movement National Aust. Bank 17/05/2018 AA- 2.51% 5,500 5,500 0 No movement National Aust. Bank 22/03/2018 AA- 2.50% 3,500 3,500 0 No movement Bank of Qld 13/07/2018 BBB 2.60% 2,000 2,000 0 No movement Bankwest 5/01/2018 AA- 2.50% 0 1,000 -1,000 Cashflow Withdrawal Me 1/06/2018 BBB 2.60% 1,500 1,500 0 Green Bank Suncorp 5/07/2018 A 2.61% 3,000 3,000 0 No movement Totals 34,103 38,089 -3,986
Notes: Balances as at 31 January 2018
Interest Income (refer Table 2) Actual interest income to 31 January 2018 is $515K which is $4K less than the year-to-date budget.
The Bank Bill Swap Rate (BBSW) is the benchmark rate for interest rates. The Investment Strategy target rate of return is 40% above the BBSW. Interest returns are summarised as follows:
(Table 2) Interest Income Accrued - Budget vs. Actual Actual $ ,000 Budget $ ,000 Variation Income to 31 January 2018 515 519 -4 Estimate for remainder of year 889 889 4
Total for 2017/2018 890 890 0
90 Day Bank Bill Swap Rate 1.77% Target Rate of Return: BBSW +40% 2.48% Average Investment Rate of Return for January 2018 2.55%
Investment Categories (refer Table 3) 86.50% of the Council’s investments are held in term deposits with major banks and 13.5% is held in the Cash at Call Account to manage day to day expenditure requirements. The performance target is to hold a minimum of 85% of total funds in approved investments. Additional funds are being held in the Cash at Call Account for February’s needs. It is projected there will be higher cash outflows (supplier payments) in February.
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(Table 3) Investment Categories Cash at Call 13.50% Term Deposits 86.50%
Investments by Institution (refer Chart 1) Council’s investment portfolio, summarised by financial institution, is shown in Chart 1 below. The Council’s Investment Policy places a 45% limit on investments in any one financial institution as a measure to manage risk. The portfolio is spread amongst 5 institutions, with investments held with ME, Suncorp, CBA, NAB and Bank of Queensland. At present, the portfolio meets the limit as per Council’s Investment Policy.
Chart 1 - Investments by Institution Suncorp Bank Bank of Queensland Bankwest 4% CBA 3% 0% 17% AMP ME4% NAB 2% 20%
0%
50%
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Investments are compliant with the Council’s Investment Policy, Nil the Local Government Regulations and other financial reporting requirements.
Financial implications for the Council Adoption of the recommendations in the report fulfills the Council’s financial reporting requirements. The revenue performance and security (risk management) of the investment portfolio can have a significant bearing on the Council’s current budgeting processes and long term financial planning.
The Council manages all its investments in compliance with the Ministerial Investment Order, Local Government legislation and the Council’s Investment Policy. The principal objective is
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the preservation of capital, liquidity and the return on investment with consideration given to prudent investment principles.
Legal and risk management issues for the Council Nil
External consultation Nil
Conclusion The Schedule of Invested Monies Report for January 2018 is submitted to comply with the Local Government (General) Regulation 2005 (clause 212) and the Local Government Act 1993 (Section 625).
Significantly the Council has a healthy balance of $34.1M invested which underpins and supports the Council’s financial sustainability. The $34.1M in investments, as at 31 January 2018, are placed in term deposits and in at call accounts, majority with the major banks and their subsidiaries. These investments are projected to earn the Council $890K in 2017/2018 and contribute to the Council’s revenue to fund services. The majority of these investment funds are restricted for specific purposes to fund known future expenditure and cover identified risks.
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ITEM NO: 10
SUBJECT: AUSTRALIAN LOCAL GOVERNMENT WOMEN’S ASSOCIATION NSW (ALGWA NSW) ANNUAL CONFERENCE
FILE NO: F11178 - 18/28982
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Council nominates Councillor representatives to attend the 2018 Australian Local Government Women’s Association NSW Annual Conference to be held in Gundagai on 15 to 17 March 2018.
Report by Acting Group Manager, People & Systems:
Reason for report At the request of Council, Councillor representation is being sought for attendance at the 2018 Australian Local Government Women’s Association NSW (ALGWA NSW) Annual Conference which is being held in Gundagai 15 to 17 March 2018.
Background ALGWA NSW is the state's peak representative body for women who are involved or interested in local government. The aims and objectives of the Association are:
1. To assist in furthering women's knowledge and understanding of the function of local government; 2. To protect and enhance the interests and rights of women in local government; 3. To take action in relation to any subject or activity of particular interest to women affecting local governing bodies and/or local government legislation; 4. To act in an advisory capacity to intending women candidates for local government elections; and 5. To encourage women into professional careers in local government.
The theme for the 2018 conference will be ‘Celebrating Rural Women’. The event will focus on supporting and understanding the constraints that women in Local Government face in rural and remote communities.
The 2018 conference will be held over Thursday 15 March to Saturday 17 March 2018 in Gundagai. Due to the distance 4 ½ hours it is expected that the nominated Councillors will require the use of a Council fleet vehicle, conference registration and accommodation in Gundagai to attend.
Benefits of Attendance The ALGWA conference provides a fantastic opportunity for delegates to exchange ideas, network, debate and engage in cross-council collaboration on issues affecting women in local government. It also provides Councillors the opportunity to undertake a professional development activity and to be able to:
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Learn about the issues facing women in Local Government Network with peers and other Councils/Councillors Listen to a diverse range of speakers on themes directly related to current local government issues
Further information on the conference and program is on the conference website, here: http://www.visitgundagai.com.au/events/event/algwa-2018/
Sustainability Assessment Effects Positive Negative Environmental Nil Nil
Social Provides information and strategies to assist with Nil ongoing planning for strategies to assist women in the community. Economic Nil Nil
Governance Networking with other Councils/Councillors and building Nil organisation governance capability
Financial implications for the Council The costs associated with the conference will be met from the Councillor Training and Development budget with the cost for each nominated Councillor being approximately $1,400.
Legal and risk management issues for the Council There are no legal and risk management issues for the Council
External consultation External consultation was not required.
Conclusion This report calls for the Council to nominate any interested Councillors to attend the 2017 Australian Local Government Women’s Association NSW (ALGWA NSW) Annual Conference which is being held in Gundagai on 15 – 17 March 2018.
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- 62 - PROVIDING GOOD GOVERNMENT Item 11, Ordinary Meeting, 27.02.18
ITEM NO: 11
SUBJECT: COMMUNITY ASSISTANCE DONATIONS RECOMMENDATION BY COUNCILLOR
FILE NO: F11178 - 18/36651
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Council endorses the following community assistance donations from the Councillor funds:
Organisation Amount Blue Mountains Bridge Club $150.00 Katoomba Neighbourhood Centre $725.00 Hazelbrook Lawson District Girl Guides $200.00 Springwood Neighbourhood Centre $100.00 Lodge Blue Mountains Unity $200.00
Report by Acting Group Manager People & System:
Reason for report On 11 July 2000 the Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which fall within the ambit of the Policy, have been received and are submitted for approval to the Council meeting.
Minor Local Projects
Recommending Organisation Purpose Amount Councillor To assist with the Cr Schreiber Blue Mountains Bridge Club costs of the Bridge $150.00 Congress. To assist with safety Katoomba Neighbourhood Cr McGregor lighting at Kingsford $250.00 Centre Smith Park. To assist with safety Katoomba Neighbourhood Cr Hollywood lighting at Kingsford $250.00 Centre Smith Park. Katoomba Neighbourhood To assist with the Cr Hollywood $225.00 Centre costs of The Altitude. To assist with the Hazelbrook Lawson District Cr Van der Kley costs of safety $100.00 Girl Guides signage. To assist with the Hazelbrook Lawson District Cr Hollywood costs of safety $100.00 Girl Guides signage.
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Recommending Organisation Purpose Amount Councillor To assist with the Springwood Neighbourhood Cr Hollywood International Women’s $100.00 Centre Day Breakfast. To assist with the Cr Hoare Lodge Blue Mountains Unity heritage restoration of $200.00 the stone fence.
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- 64 - LOOKING AFTER PEOPLE Item 12, Ordinary Meeting, 27.02.18
ITEM NO: 12
SUBJECT: UPGRADE AND EXTENSION TO THE GLENBROOK VISITOR INFORMATION CENTRE AND CONSTRUCTION OF NEW CARPARK AND ASSOCIATED LANDSCAPING
FILE NO: F11178 - 17/265573
Delivery Program Link Principal Activity: Looking After People Service: Community Development
Recommendations:
1. That the Council accepts the tender submitted by The Almar Group Pty Ltd T/as API Commercial for the upgrade and extension to the Glenbrook Visitor Information Centre and construction of a new carpark and associated landscaping works for the sum of $831,123 exclusive of GST; and
2. That the Council delegates to the General Manager (or their delegate) the authority to execute and sign documents relating to the contract for the upgrade and extension to the Glenbrook Visitor Information Centre and construction of a new carpark and associated landscaping works.
Report by Director City & Community Outcomes
Reason for report This report seeks the approval of the Council, in accordance with the Tendering Policy, to enter into a contract for the upgrade and extension to the Glenbrook Visitor Information Centre and construction of a new carpark and associated landscaping works.
Background The 2017/18 asset works program includes the upgrade and extension to the Glenbrook Visitor Information Centre and construction of new carpark and associated landscaping works. This project is part of Council’s commitment to maintain the quality of user experience to the Blue Mountains. The project provides critical infrastructure, delivering alterations, additions, new fitout, a carpark and new pedestrian linkages to the existing toilet block and Glenbrook Village Centre.
The Tender Open tenders were called on 28 November 2017 in accordance with Council’s Tendering Policy. The tender was advertised in the Sydney Morning Herald, the Blue Mountains Gazette and was also advertised on the BMCC website with the Request for Tender (RFT) available for free download from the WSROC e-Tendering website portal on the NSW Government Department of Commerce website. Tenders closed at 2.00 pm on Wednesday 20 December 2017.
Evaluation Criteria A Tender Evaluation Panel (TEP) was established to evaluate the submissions in accordance with the assessment criteria and processes specified within the Request for Tender documents.
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The Tender Evaluation Report includes the evaluation criteria for determining the value for money represented by the tenders. The criteria are those notified to tenderers in the RFT and are summarised below: capability & capacity; project methodology and construction program; environmental management; work health and safety; critical assumptions; innovation; and price.
Tender Evaluation The Tender Evaluation Panel (TEP), comprising three Council staff and the Project Design Consultant (Ingrid Donald) was established to recommend which tender offered the most benefit to the Council.
Tender opening Five (5) submissions were received from the following companies:
The Almar Group Pty Ltd T/as API Commercial, Katoomba NSW; Camporeale Holdings Pty Ltd T/a Michael Camporeale Builders, Hurstville NSW; Glenstone Constructions, Faulconbridge NSW; Kellyville Building Pty Ltd, Kellyville NSW; and Rapid Construction Pty Ltd, North Parramatta NSW.
All tenders were submitted prior to the closing time and were deemed complying tenders.
Technical Worth Evaluation The TEP reviewed all submissions. A quantitative and qualitative assessment of the submissions was undertaken to determine the degree of effectiveness against the weighted evaluation criteria. The TEP undertook a comprehensive assessment of the tender submissions and allocated consensus scores against each of the criteria.
The final results of the Technical Worth Assessment can be seen in the table below.
Table 1 – Final Technical Worth Assessment Tenderer Non-Price Cost Overall Value Effectiveness/ Ranking for Money Ranking Ranking The Almar Group Pty Ltd T/as API 77% 2 1 1 Commercial Camporeale Holdings Pty Ltd T/a 81.5% 1 2 2 Michael Camporeale Builders Kellyville Building Pty Ltd 75% 4 3 3 Glenstone Constructions 69% 5 4 4 Rapid Construction Pty Ltd 76% 3 5 5
Evaluation Recommendations Following the tender evaluation the TEP unanimously recommended that the RFT for the upgrade and extension to the Glenbrook Visitor Information Centre and construction of new
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carpark and associated landscaping works be awarded to The Almar Group Pty Ltd T/as API Commercial for the sum of $831,123 exclusive of GST.
Sustainability Assessment Effects Positive Negative Environmental The upgraded facility will provide additional rainwater Nil tanks, stormwater treatment systems and energy efficient electrical fixtures and fittings. Social The upgrade will complement the new park facility and Nil provide safer parking options for people using the facility. Economic The new facility will encourage visitors to visit the Nil Glenbrook Village by the provision of new pedestrian linkages. Governance The Tender has been developed and assessed in Nil accordance with Council procurement policy and guidelines.
Financial implications for the Council Project funds have been allocated within Council’s 2017/18 Asset Works Program comprising 50/50 funding from both a Federal Government Infrastructure Grant and funding through Council’s Asset Works Program.
The contract sum of $831,123, exclusive of GST, is within the available budget for the works.
Legal and risk management issues for the Council The tender process has been conducted in accordance with Council’s procurement policies. Referee checks were undertaken as part of the tender assessment and resulted in favourable feedback, which confirmed that The Almar Group Pty Ltd T/as API Commercial is capable of undertaking the works as set out in the tender documentation.
The Tender Review Committee has reviewed the tender procedures and is satisfied as to the fairness of the process and that the process has complied with policies. There are no further identified legal or risk management issues related to the tender.
External consultation No external consultation has occurred during the tender evaluation process.
Program Should Council endorse the recommendations in this Council Report it is envisaged that this project will be completed by August 2018.
Conclusion Based on the assessment of the tenders received, it is recommended that the Council accepts the tender submitted by The Almar Group Pty Ltd T/as API Commercial for the upgrade and extension to the Glenbrook Visitor Information Centre and construction of new carpark and associated landscaping works for the sum of $831,123 exclusive of GST.
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- 67 - LOOKING AFTER PEOPLE Item 13, Ordinary Meeting, 27.02.18
ITEM NO: 13
SUBJECT: RESULTS OF PUBLIC EXHIBITION OF DRAFT OPEN SPACE AND RECREATION STRATEGIC PLAN
FILE NO: F10363 - 18/20736
Delivery Program Link Principal Activity: Looking After People Service: Sport and Recreation
Recommendations:
1. That the Council notes the results of the public exhibition of the Draft Open Space and Recreation Strategic Plan and supporting Play Guidelines;
2. That the Council endorses further research to be undertaken to examine and address the issues raised in submissions received during the public exhibition;
3. That the Council receives a final report on the Open Space and Recreation Strategic Plan for consideration by June 2018;
4. That the Council investigations continue into options to extend the life of the 50m outdoor pool at Katoomba Aquatic and Leisure Centre and that a report on the findings is brought back to the Council by September 2018;
5. That the Council notes the reports are available for download and public viewing on https://www.bluemountainshaveyoursay.com.au/openspace two reports identified in this business paper which outline the condition of Katoomba Outdoor Pools and Blackheath Pools; and
6. That the Council endorses the Open Space and Recreation Strategic Plan be amended to retain the two children’s pools at Lawson Swim Centre, and that relevant works are undertaken at the end of the 2017-18 swim season to implement this action.
Report by Director City & Community Outcomes:
Report Summary This report provides Council with an overview of the results of the public exhibition of the Draft Open Space and Recreation Strategic Plan (Draft Plan). As more time is required to fully investigate the issues raised in submissions to the public exhibition, it is proposed to present a further report to Council with a detailed analysis and response, together with proposed amendments to the Draft Plan by the June 2018 Council meeting.
Over 1900 submissions were received with the largest proportion related to Pools, then Play, and a smaller but even spread across the other themes in the Draft Plan. This report and the attached Appendix 1 provide a summary of the comments and issues arising in the submissions, and preliminary responses to these together with preliminary actions proposed to address the issues raised. These actions range from undertaking further investigations to inform potential amendments to the proposed strategic outcomes, to making content or editorial changes to the document (such as including information to support or explain the
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strategic directions or additional material to explain and address perceived gaps in methodology).
The exhibition period was extended by 5.5 weeks in response to requests from members of the community while the reporting time has not changed. This has permitted insufficient time for full analysis of the range of issues raised in the submissions and to prepare suitable amendments to the Draft Plan.
Investigations into some of the issues raised have commenced including: Extension of life of Katoomba 50m pool; and Extension of life of play equipment in neighbourhood parks.
It is recommended that Council place two engineering reports on the structural assessment of Katoomba and Blackheath Pools on Council’s available for download and public viewing on https://www.bluemountainshaveyoursay.com.au/openspace. These reports are: 1. “Aquatic Facility Audit of Katoomba Outdoor 50m, Toddler’s and Children’s Pools for Blue Mountains City Council” prepared by aquatic.one, January 2018; and 2. “Blackheath Pool Leisure and Wading Pools: Structural Report on Existing Leisure and Wading Pool for Blue Mountains City Council” prepared by Geoff Ninnes Fong & Partners Pty Ltd, 2 September 2013.
Background At the ordinary meeting on 17 October 2017 the Council resolved:
1. “That the Council endorses the Draft Open Space and Recreation Strategic Plan and the supporting Draft Play Guidelines for public exhibition for a period of 42 days;
2. That the Council receives a further report following the exhibition period, together with any proposed amendments, prior to adopting the Open Space and Recreation Strategic Plan and the supporting Play Guidelines for implementation, by February 2018; and
3. That the Council delegates authority to the General Manager to approve minor amendments to the Draft Open Space and Recreation Strategic Plan and Draft Play Guidelines prior to the documents being placed on public exhibition.” [Minute No.359]
The Draft Strategic Plan was placed on public exhibition on 20 October to 6 December 2017. In response to requests received the exhibition period was extended to 15 January 2018.
1998 submissions were received over the public exhibition period. These included: 401 on Blue Mountains Have Your Say; 141 individual emails, 24 identical emails and 51 different letters sent to Council some of which were submitted up to 1354 times by different signatories and; 25 emails sent to Councillors only; 2 video submissions; and 2 petitions.
The majority of submissions were received from residents and community organisations from the Upper Mountains, followed by submissions from residents of the Mid Mountains.
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Graph 1: Submissions received on Blue Mountains Have Your Say by District
Graph 2: Other Format submissions by District
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The following table lists the number of submissions which addressed the different themes and facility types. N.B. many submissions addressed a number of themes.
Table 1: Comments by Type and Theme
Bushwalking Parks grounds Play Cycling Urban Biking Mountain & Swim Aquatic Centres Sports Cliff Exercise Dog Grounds Sport Sport Courts General Comment
To Council
Total 243 + 4 8 4 + 3 6 241 + 0 0 0 8 18 1354 Templates 1320 1354
Via Have Your Say 46 40 51 29 20 375 22 33 24 18 35
Total 401
TOTAL 50 48 1375 32 26 1970 22 33 24 26 53 644 + 1354
=1998 submissions
Submissions were also provided by community organisations, including: 1) Medlow Bath Association; 2) Rotary Blackheath; 3) Blackheath Scout group; 4) Blackheath Community Alliance; 5) Friends of Blackheath Pool; 6) Blackheath Streetscape Group; 7) Blackheath and Area Neighbourhood centre (BANC); 8) Katoomba Swimming Club: 9) Masters Swimming NSW; 10) Water of Life Swim School; 11) Blue Mountains Association of the NSW Teachers Federation 12) John Tognolini for Blue Mountains Union 13) Springwood Tennis Club; 14) Winmalee Tennis Club; 15) St Peters Church, Mt Victoria; 16) Mt Victoria Community Association; 17) Lawson Amateur Swimming Club; 18) Blue Mountains Tennis Association; 19) Mountain Outreach Community Services; 20) Blue Mountains Cricket Association; 21) Blue Mountains Conservation Society; 22) Woodford Academy of the National Trust; 23) Katoomba Chamber of Commerce.
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And by the following Government bodies: 1. Water NSW; 2. Penrith City Council; 3. BMEE; and 4. NPWS.
Support for Areas of Draft Plan General support was provided for the proposed hierarchy of services. Most themes received mixed support with a number of submitters challenging the proposed priority for attention and extent of funding for different types of recreation facilities.
Areas of Draft Plan Disputed A number of submissions criticized the Draft Plan for lack of detail in a particular theme of interest. These criticisms were generally part of an argument for increased funding to a particular facility type resulting in different outcomes, and based upon assumptions that because details were not provided that detailed analysis and needs assessment had not been undertaken, leading to the conclusion that the Draft Plan was flawed and should be ignored. This included:
1. Methodology in planning for pools: social and cost benefit analysis not evident; 2. Specific consultation with swimmers to understand their needs and their willingness to travel; 3. Consultation on needs for pools for other agencies, including hospitals, and schools; and 4. Specific consultation with bushwalkers to understand their needs and priorities.
The proposed service levels and facility provision for both Pools and Play were opposed by the majority of submissions received. This response was strengthened by the receipt of large numbers of template (identical) submissions (1320 related to Blackheath Pool and nature play in neighbourhood parks, 34 template letters and 24 template emails related to Katoomba Pool).
There was no support provided for the proposal to replace children’s pools with splash pads. Lawson Pool is the only swim centre where the children’s pools can be retained without further investigations being undertaken. It is recommended that the children’s pools at Lawson Swim Centre are connected to the new filtration plant at the end of the swimming season for 2017-18.
Further consultation was requested to inform more detailed plans for Pools, Walking Tracks, Cycling Trails and Sports Courts. Proposals for partnership and continued liaison were supported by the different government departments and agencies.
Key Issues Raised in Submissions A summary of issues raised in the submissions relating to the different activities and themes is provided in the Attachment 1 to this report.
Next Steps: Continued investigation is proposed of the issues raised and options to address these. It is proposed to undertake further work including reassessment of priorities and funding allocations prior to making amendments to the Draft Plan. Some targeted consultation with stakeholders will be conducted to inform this work. A report outlining the results of this work is proposed to be presented to Council by June 2018.
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Sustainability Assessment Effects Positive Negative Environmental Further investigations are proposed to ensure Draft Plan Nil recommendations meet environmental requirements. Social Further investigations are proposed to enable the Draft Plan Nil recommendations to best meet current and predicted community needs. Economic Further investigations are proposed to ensure Draft Plan Nil recommendations are able to be met within the resources available to the Council over the timeframe of the Draft Plan. Governance Further investigations are proposed to review submissions Nil and to ensure Draft Plan recommendations meet Council’s legal and moral obligations.
Financial implications for the Council The Draft Plan recommended changes to future provision and resource allocation across the different recreation facilities and activities. Some of the proposed changes which involve removal of current facilities have not been well received by members of the community. Arguments have been made to retain these facilities while also giving support for improvements to provision for other recreation activities.
As stated above, additional investigations are required to ascertain detailed cost estimates for requested amendments, and to reassess distribution of resources across the different themes. Consideration will be given to ways to consult with the community regarding priorities for investment and the allocation of resources across the different facility types, and across the city.
Funding is currently available and piping is properly configured to connect the two children’s pools at Lawson Swim Centre to the new filtration system; this action is proposed to proceed at the end of the current swimming season for the Centre.
Legal and risk management issues for the Council There are no legal and risk issues arising from the recommendations of this report.
External consultation This report outlines the results of the public exhibition of the Draft Open Space and Recreation Strategic Plan, and recommends further investigations and consultation on key issues.
Conclusion The report recommends that further investigations are undertaken to address the issues raised in the submissions received in response to the Public Exhibition, including continuing investigations into the potential to extend the life of the 50m outdoor pool at Katoomba Aquatic and Leisure Centre. It is proposed that these will be reported to Council for consideration and adoption of a final Open Space and Recreation Strategic Plan by June 2018.
Further information on Blackheath and Katoomba Pools is proposed to be made available to the community to inform the next stages of planning and consultation. Works to retain Lawson children’s pools are also recommended for action at the end of the 2017-18 swimming season.
ATTACHMENTS/ENCLOSURES 1 Summary of Submissions Received on the Draft Open 18/27129 Attachment Space and Recreation Strategic Plan * * * * * * * * * *
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Attachment 1 - Summary of Submissions Received on the Draft Open Space and Recreation Strategic Plan
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ITEM NO: 14
SUBJECT: GLENBROOK VISITOR INFORMATION CENTRE UPGRADE
FILE NO: F11178 - 18/28159
Delivery Program Link Principal Activity: Looking After People Service: Community Development
Recommendation:
That Council approves the Glenbrook Visitor Information Centre Upgrade under Part 5 of the Environmental Planning and Assessment Act with the conditions attached to this report.
Report by Director City and Community Outcomes:
Reason for Report Council considered the matter at its meeting of 25 July 2017 and resolved that following public exhibition that assessment of the matter be reported to Council at an Ordinary meeting for determination.
Locality Plan
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Site description The site is part of Glenbrook Park where the existing Visitor Information Centre (VIC) is located on the northern boundary with frontage to Hamment Place and the Great Western Highway. The site has an area of approximately 3 hectares and includes the existing VIC, Glenbrook Park and associated car parking. The site is near level with a fall to the northern boundary in front of the VIC. The site is highly modified and remaining vegetation comprises stands of scattered mature trees and shrubs on the periphery of the site.
The site is bound to the north by the Great Western Highway, School of Arts/Cinema to the west and Glenbrook Town Centre immediately to the south. Vehicle access to the site is available from Hamment Place and the car park off Ross Street to the west. Development to the east of the site is primarily characterised as low density residential development on larger allotments. Glenbrook Park is Crown land under the care and control of Blue Mountains City Council.
Proposal The proposal involves the upgrade of the existing Glenbrook VIC, which will provide for additional floor space as well as improved access, parking, and landscaping.
The building additions include a new building in front of the existing VIC to provide additional space. Internal alterations are proposed to the existing internal rooms, toilets and exhibition space, along with changes to the entrance portico and landscape features. The changes to the building will improve the visibility of the VIC from the highway and increase its effectiveness in providing tourist information to visitors.
A new 11 space car park will be constructed east of the existing VIC with access from Hamment Place. The new car park will allow parallel parking in Hamment Place to be dedicated to bus and other large vehicles.
The connectivity between the VIC and existing public toilet facilities will also be improved with accessible connections to the path from the eastern side of the building.
A copy of the plans showing the site area and extent of the proposed development are provided in Attachment 2 to this report.
Supporting documentation The proposal is supported by: Architectural plans; Landscape plan; Concept Stormwater Drainage Plan; Survey Plan; External Colours Schedule; Review of Environmental Factors; Geotechnical Investigation; Bushfire Protection Assessment Report; Preliminary Arborist Report; Flora and Fauna Assessment; Historical Archaeological Assessment and Impact Statement; Heritage advice Letter; Aboriginal Due Diligence; Accessibility Report; Section J Report; and Waste Management Plan.
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Background In early 2017, Council embarked on a process to improve the design of the Glenbrook Visitors Centre and provide additional car parking. Council staff has now completed the design and the Review of Environmental Factors has been publicly exhibited.
Council considered the project approval process for the proposal at its meeting of 25 July 2017. The report noted the following steps in regards to exhibition and determination:
“1. As the carpark identified in the Council resolution is part of the wider upgrade and expansion of the Glenbrook VIC, it is proposed that both the Glenbrook VIC, carpark and traffic changes (the proposal) be the subject of this proposed exhibition and determination process; 2. Council will undertake a review of environmental factors (REF) as required under Part 5 of the EP&A Act 1979; 3. Council will publicly exhibit the proposal and associated REF for a period or 28 days and will accept and consider submissions; and 4. 4. The Part 5 assessment of the activity will be reported to Council at an Ordinary meeting for determination.” This report is in response to the above agreed reporting procedure.
Environmental planning instruments The proposed upgrade and expansion of the Glenbrook VIC and the carpark is ‘development permitted without consent’ under s. 65(3) of the State Environmental Planning Policy (Infrastructure) 2007.
In addition, the requirements of Part 5 of the EP&A Act s. 111(1) apply, which require Council to consider the effect on the environment of the proposed activity. This has occurred in the form of a review of environmental factors (REF).
Notification The proposal was exhibited from 20 November to 13 December 2017 and neighbouring landowners notified.
One submission was received from Blue Mountains Economic Enterprise, which commented upon the need for landscape to consider pedestrian works proposed as part of the Scenic Eastern Escarpment Draft Master Plan.
Evaluation The REF prepared on behalf of Council has reviewed the relevant issues concerning the proposal and its potential impacts. The proposed additions and car park are located outside existing playing-grounds and will allow for the continued use of the site for recreational purposes. Additions to the building are of a high architectural standard and will improve on the current dated appearance of the building from the highway and surrounding land. Timing of the construction works have been chosen to avoid major events such as the Australian Gnome Convention in January.
The REF includes mitigation measures and safeguards to ensure that construction and operation of the upgrade to the Glenbrook VIC and associated infrastructure occurs with minimal environmental impact. Additional measures have been identified by specialist studies on matters such as heritage, ecology and indigenous archeology have been incorporated into the design of the works to minimise potential impacts.
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applications for Council). This review has identified conditions to be complied with, which have been identified below.
Part 5 conditions 1. The proposed stormwater management measures, including the raingarden/sand filter garden and the rain tanks, must demonstrate compliance with the objectives for C6.1.3 and in particular the Neutral or Beneficial Effect on Water quality (NorBE) requirement of C10 of Blue Mountains City Council’s DCP 2015. 2. The section of Council responsible for the ongoing maintenance of the raingarden/sand filter must be consulted on the final design to ensure design factors facilitating ease of maintenance are incorporated into the final design. 3. A maintenance schedule for the raingarden/sand filter garden must be provided to ensure ongoing compliance with condition 1. 3. A Final Tree Management Plan detailing how construction works will be conducted in order to avoid impacts on the existing trees in accordance with the recommendations of the Preliminary Arborist Report Glenbrook Park NSW, Applied Ecology, April 2017 must be completed prior to commencing work. 4. A Landscape Planting Species List must be submitted for review by the Environment & Culture Branch, which must incorporate locally occurring native species which are found in the adjacent Turpentine Ironbark Forest where possible but consideration should also be given to fire retardant properties of the species as recommended by Bushfire Protection Assessment- Proposed alterations and additions to Glenbrook Visitor Information Centre, Glenbrook, Travers Bushfire and Ecology November 2017. 5. Bird Strike Management mitigations must be incorporated into the larger and higher windows within the Glenbrook Visitor Information Centre to minimise the potential for bird strikes. 6. Works will be undertaken in accordance with BMCC’s Asbestos Management Policy, Asbestos Management Plan, and Asbestos Management Safe Operating Practices. 7. BCA Compliance Certification must be obtained prior to commencing work. 8. RMS must be contacted prior to commencing work adjacent to the GWH. 9. A final Due Diligence report in accordance with the Office of Environment and Heritage (OEH) Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales must be submitted for review prior to works commencing. 10. The dwell time for the automatic door opening must be extended beyond six seconds to enable people with walking canes, walkers and or wheelchairs to confidently access the facility. 11. Prior to any ground disturbance commencing the contractors undertaking the works must be briefed about the history of the site and the potential for unexpected discovery of relics. 12. In the event that any suspected archaeological remains are uncovered then works should cease immediately and the Project Manager contacted and the advice of an appropriately qualified archaeologist sought to determine whether relics have been uncovered. Works may re-commence only once advised by the archaeologist that no relics have been uncovered. If relics have been uncovered further assessment, based on the finds, would be required with notification to the Heritage Council of NSW Under s.146 of the Heritage Act 1977. Based on the nature and significance of any unexpected finds, an approval under s.139 of the Heritage Act 1977 may be required from that point prior to recommencing work.
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Sustainability Assessment Effects Positive Negative Environmental The upgraded facility will provide additional rainwater Nil tanks, stormwater treatment systems and energy efficient electrical fixtures and fittings. Social The upgrade will complement the new park facility and Nil provide safer parking options for people using the facility. Economic The new facility will encourage visitors to visit the Nil Glenbrook Village by the provision of new pedestrian linkages. Governance The Part 5 submission and review has been developed Nil and assessed in accordance with Part 5 of the EP&A Act s. 111(1) and is development permitted without consent’ under s. 65(3) of the State Environmental Planning Policy (Infrastructure) 2007.
Conclusion The proposed upgrades to the Glenbrook VIC will provide an improved Regional Tourism Centre as well as greater access to adjoining facilities and public toilets. The proposed car parking area will also increase access for visitors to the site whilst reducing congestion in Hamment Place. The REF completed for the project has concluded that the project may proceed in accordance with Part 5 of the EPA Act.
ATTACHMENTS/ENCLOSURES
1 Enclosure 1 - Glenbrook VIC Upgrade - Drawings 18/35688 Enclosure
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ITEM NO: 15
SUBJECT: EXPRESSION OF INTEREST OUTCOMES: KATOOMBA CIVIC CENTRE PRECINCT CO-WORKER HUB
FILE NO: F11178 - 17/260962
Delivery Program Link Principal Activity: Using Land Service: Town Centres
Recommendations:
1. That the Council notes the outcomes of the Katoomba Civic Centre Precinct Co-worker Hub Expression of Interest process, including the need for further discussions with the interested proponent; and
2. That the Council receives a further report on the outcomes of these further discussions and investigations between Council and the interested proponent by May 2018.
Report by Director City & Community Outcomes:
Reason for report This report advises Council of the outcome of the Expression of Interest process for Katoomba Civic Centre Precinct - Co-Worker Hub. It also confirms the need for further investigations into the feasibility of installing a mezzanine and glazing at this site.
Background At its Ordinary Meeting of the Council on 17 October 2017, it was resolved:
“1. That the Council notes the continued low level of use of the Katoomba community hall space located within the Katoomba Civic Centre precinct and the opportunity to re-activate the centre through encouraging alternate use of the space;
2. That the Council notes the work by Blue Mountains Economic Enterprise regarding the need for a co-working space in the Katoomba town centre and the social and economic benefits of this type of facility;
3. That the Council resolves to seek expressions of interest to operate a co-worker space within the Katoomba Civic Centre precinct under a commercial lease for a period of up to 10 years; and
4. That the Council receives a further report advising as to the outcome of the expressions of interest process.” [Minute No. 357]
This report responds to Item 4 of this resolution. It also responses to certain contents within the 17 October 2017 Council Report which referred to the “potential to build a mezzanine which would create an additional 100sqm of floor space” and further interrogates the potential glazing to the facade of the building.
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Expression of Interest Expressions of Interest (EoI) for the establishment and operation of a co-working space within the Katoomba Civic Centre Precinct were opened via APET 360 and WSROC tender / quotation sites on 8 November 2017 in accordance with Council’s Procurement Policy. The tender was advertised in the Blue Mountains Gazette and via Council’s website. The EoI was further promoted by Blue Mountains Economic Enterprise with direct phone calls to known co-working space providers and other special interest groups. EoI’s closed at 2pm 30 November 2017.
Assessment Criteria & Evaluation A review panel was established to evaluate the submissions in accordance with the assessment criteria and process identified in the EoI document and summarised below: Business Plan and Model; Planned engagement with local businesses and educational providers; Previous experience in the operation of a co-working space; Program for establishment of the co-worker space; Technical capacity to operate a co-worker space; Demonstrate financial capacity to operate a co-worker space; Community Relations – proposed practices & performance measures; and Proposed social economic and environmental initiatives.
The review panel comprised of three Council staff members and met to review the one (1) submission received. This submission was received from Third Space Pty Ltd, Katoomba.
The final results of this assessment against the criteria rated the Third Space Pty Ltd, submission at 22.5% non-price effectiveness ranking. The review panel unanimously agreed that the submission was lacking in detail and provided insufficient information to make a determination through the assessment criteria alone. Based on this information Council staff requested a meeting with the proponent to assist in the decision making, as permitted in the EoI documents.
A meeting with the proponent was held 5 January 2018 and through this process it was determined that Council would seek additional information from the proponent subject to Council confirming the scope and feasibility of a mezzanine and costs and delivery timeframes for the glazing to the façade, both integral factors to the proponents ability and desire to proceed with the co-working space.
Potential Layout / Components of the Co-Working Space The 17 October 2017 Council Report identified a number of potential improvements to the co-working space including: A mezzanine level to create an additional 100sqms of floor space; Glazing to the façade of the building to improve engagement of the site and co-worker space with Katoomba Street.
An initial investigation revealed the feasibility of glazing to the facade required an assessment of the building to ensure the glazing does not compromise the integrity of the building as a whole. If feasible, glazing would require a minimum of $150,000, however this cost estimate does not include the removal of the existing brick infill or any new bracing system which may be required. Investigation into the potential of installing a mezzanine at this site is also ongoing.
Once Council is in position to confirm the feasibility of the mezzanine and the glazing, further development and investigation of the business proposal can be undertaken and the matter
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resolved. It is intended that the outcomes of these further investigations will be reported to the Council by May 2018.
Sustainability Assessment Effects Positive Negative Environmental Repurposing of the hall within the Katoomba Nil Civic Centre will be a positive adaptation of space which will require minor physical works to the existing structure. Social The creation of a co-worker space will Converting this hall into a provide state of the art facilities which will co-worker space could enable knowledge-based workers and small potentially viewed as a loss business operators to meet and exchange of community space within ideas. The space will also provide an the Katoomba CBD. opportunity for co-working public events and However analysis of the hall opportunities for educational agencies to usage indicates continued present to the broader public. low usage of the space. Economic In addition to providing professional spaces Nil and technologies for small business and knowledge workers to interact, the introduction of a co-worker space will provide income to enable Council to improve and sustain the site. A co-worker space will also provide economic benefits to others on the site and the broader Katoomba CBD.
Governance The EOI has been conducted in accordance Nil with the requirements of the Local Government Act 1993 and have been reported to Council; however outcomes are still unknown as they are subject to further discussion with the proponent.
Financial implications for the Council This report requests that the Council note the outcomes of the Expression of Interest process and allow additional time for Council and the proponent to discuss the proposal given further investigations on both the glazing and mezzanine potential is required. There are no financial implications to Council as yet, as Council and the proponent are unable to commit to a Co- Worker Space at the site at this time.
Legal and risk management issues for the Council This report does not present any legal or risk management issues for Council.
External consultation No formal public consultation has been conducted in relation to the repurposing of the Katoomba Civic Centre hall as a co-worker space. However, Council officers are now in discussions with the proponent who responded to the Expression of Interest.
Conclusion The Expression of Interest was conducted in accordance with the requirements of the Local Government Act 1993; however outcomes are still unknown as they are subject to further discussion with the proponent. It is recommended that the Council provide ample time for these discussions to occur with a final report on the outcomes of the Expression of Interest expected by May 2018. * * * * * * * * * * - 96 - USING LAND Item 16, Ordinary Meeting, 27.02.18
ITEM NO: 16
SUBJECT: MANDATORY LOCAL PLANNING PANEL – UPDATE
FILE NO: F11178 - 18/6936
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendations:
1. That the Council notes the process prescribed by the Department of Planning and Environment for the establishment of the mandatory Local Planning Panels, including that the General Manager oversee the selection process for the expert and community Local Planning Panel members;
2. That the Council notes the establishment of a selection panel to comprise the Mayor, Deputy Mayor, General Manager and Local Planning Panel Chair;
3. That the Council notes the selection panel will choose at least six (6) experts from the pool of experts provided by the Department of Planning and Environment, being made up of two panel members and four alternate panel members;
4. That the Council notes the selection panel has chosen a pool of community representatives (thirteen (13) in total) across all four wards, resulting from the recent Expressions of Interest process;
5. That the Council endorses the selection panel meeting, once the local planning panel has been established, to review expert and community members and to nominate new expert members or undertake additional expressions of interest processes for community representatives as required;
6. That the Council, having regard to section 23I of the Environmental Planning and Assessment Act 1979: a) notes that changes are proposed to the delegations from the Council to the General Manager as set out in a separate item within this Business Paper, and b) notes that all such applications are to be determined by an officer or employee of the Council, except where those matters are to be determined by a local planning panel or regional panel;
7. That the Council endorses the holding of Local Planning Panel meetings in the Council Chambers, noting the benefits to the community, the administrative efficiencies and cost benefit for doing so;
8. That the Council notes the financial implications of the establishment and ongoing operation of a Local Planning Panel, including the proposed remuneration rates for all panel members;
9. That the Council notes the recommended start time of 6:00pm for the public section of meetings of the Local Planning Panel; and
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10. That the Council notes the code of conduct, administrative and logistical arrangements for Local Planning Panel meetings.
Report by Director Development & Customer Service:
Reason for report To provide an update on the: requirements, process and deadlines for establishing a mandatory Local Planning Panel (LPP) as outlined by the Department of Planning and Environment; location, scheduling, code of conduct and administrative and logistical arrangements for LPP meetings.
Background On 10 August 2017, the Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Bill 2017 was passed by the NSW Parliament. The Bill includes a requirement for councils in Greater Sydney and Wollongong to establish mandatory Local Planning Panels (previously referenced as IHAPs) to determine certain classes of local development applications including those of high value, those with a corruption risk, sensitive applications and those of strategic importance.
On 22 August 2017, Council considered a detailed report on the matter and has subsequently made representations to the Minister for Planning, objecting to the imposition of a Local Planning Panel in the Blue Mountains. The 22 August 2017 Council report also raised concern with the proposed criteria for applications to be brought before a Local Planning Panels.
While these classes of development are yet to be formalised, the concern is that unless ‘conflict of interest’ and ‘departure from development standards’ provisions reflect current arrangements, significantly more applications would need to be determined by the Local Planning Panel than currently go to the Council. This would have a negative impact on determination timeframes and result in relatively minor applications being brought before the panel. Both aspects are contrary to the Government’s stated aims.
As a result of Council’s representations to the Minister for Planning, a meeting was held on 24 October 2017 with Council staff and the Department, to discuss the concerns raised by Council.
On 14 November 2017, Council considered a further report on the constitution of mandatory Local Planning Panel, which included details regarding the process for appointment of a Panel Chair, independent experts and community representatives. Council resolved to establish a selection panel to choose: the independent experts from a pool of experts provided by the Department of Planning and Environment; the community representatives following an Expressions of Interest process held in November 2017.
1. Constitution of mandatory Local Planning Panels - Update As previously reported to Council, local planning panels will be comprised of four people, including three experts (one of which will be the Chair) and one community member. The Panel Chair will have the casting vote in any panel decision.
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Provisions in the Environmental Planning & Assessment Act 1979 (EP&A Act) prevent Councillors having any involvement in the determination of development applications and Councillors may not be included on Local Planning Panels.
Appointment of Panel Chair Under the EP&A Act, Panel Chairs are selected by Ministerial appointment. On Friday 22 December 2017, the Department of Planning advised that the Minister has appointed Mary- Lynne Taylor to be chair of the Blue Mountains mandatory Local Planning Panel. In its representations to the Minister and in meeting with the Department staff, the Council had sought an expert chair with an understanding of the Blue Mountains.
Ms Taylor is highly credentialed and the Council had previously resolved to appoint Ms Taylor as chair to the Local Planning Panel for the determination of the application over 170- 174 Leura Mall, Leura. The Mayor and Deputy Mayor worked with Ms Taylor in selecting experts and community representatives for that panel.
Establishment of selection panel for appointment of panel experts and community representatives The Council, on 14 November 2017, endorsed the establishment of a selection panel to choose independent experts and community representatives for the Local Planning Panel, which comprised the Mayor, Deputy Mayor and the General Manager. Given that Ms Taylor’s appointment was then not known to the Council, the chair was not included on the selection panel at that time.
In light of her appointment, however, the Mayor and General Manager considered that it was appropriate that Ms Taylor form part of the selection panel. Chair involvement in panel selection is also recommended by the Department of Planning and Environment.
Having consulted, the Mayor and GM determined to use the authority granted by the Council during the Council recess period between 12 December and 30 January 2018 to include Ms Taylor on the Local Planning Panel selection panel. The urgency arose as the appointments need to be finalised early in the New Year, to enable notification to the Department by early February, with the Local Planning Panel to commence on 1 March 2018.
Appointment of independent experts The Department has established a pool of two hundred and eight (208) experts, across various technical fields including planning, architecture, heritage, engineering and related disciplines. On 14 November 2017, Council resolved that the selection panel would choose at least two (2) experts from the pool. Following analysis of Local Planning Panels at other councils, it is now recommended that at least six (6) experts be appointed, being 2 panel members and 4 alternate panel members.
Given the range of key assessment considerations in the Blue Mountains (and often within specialist fields), this will provide the opportunity to appoint a broader range of experts to cover (for example) heritage, environmental and stormwater issues, as well as core planning considerations. Based on current information made available by the Department, it is understood the Panel Chair would have the ability to choose the most appropriate experts for any particular meeting of the panel, from the group the Council has selected.
At the time of writing this report, a meeting of the selection panel was scheduled for 16 February 2018. Councillors will be separately notified when selections to the panel are finalised. The Department has been notified that the names of selected expert panel members will be provided shortly after the selection panel meeting on 16 February 2018.
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Appointment of community representatives As previously reported, a fourth panel member will be a community representative, chosen to speak on behalf of the people who live in the area of the proposed new development.
In response to an Expressions of Interest process held by Council in November 2017, Council has received multiple nominations from each ward and thirteen (13) in total. In response to information provided by the Department as well as clarification with Departmental staff, representatives are required to be selected from each Ward. On that basis, it was resolved at the 14 November Council meeting, that the selection panel will select a pool of at least four (4) community representatives (one representative from each ward).
Following are the selection criteria for community representatives, as detailed in the DPE Guidelines: Current resident with the Blue Mountains local government area (LGA); Knowledge and awareness of the LGA and issues of concern to the local community; Ability to represent and communicate the interests of the local community; An understanding of the planning process and assessment issues (expertise not required); Commitment to attending the Local Planning Panel meetings and contributing constructively to the determination of applications; Willingness to adhere to the Local Planning Panel code of conduct and operational procedures.
In consultation with the Panel Chair (Ms Mary Lynne Taylor) as encouraged by the Department, it was agreed that it would be appropriate to not only select a community representative for each Ward, but also an alternate for each Ward, to ensure appropriate coverage at any given panel meeting.
Council staff reviewed all thirteen (13) nominees resulting from the Expressions of Interest process, and provided a recommended candidate for each Ward, as well as an alternate, to the selection panel. Original applications were also provided. Following review, it was agreed, given the strength of the pool of candidates from the Blue Mountains community, that all thirteen (13) be appointed for a period of 1 year. At the conclusion of this period, candidates will be reviewed and a further selection process may be undertaken.
Information provided from the Department to date, states that community representatives will be able to participate in decisions about development applications in their ward. While it is not confirmed how this will operate in practice, it is reasonable that if there are development applications from multiple wards at a single meeting of the Local Planning Panel, community representatives from those wards would attend and be rotated into the panel as applications are heard. Further clarification is being sought from the Department in relation to this process.
The deadline for notification to the Department of selected community representatives was 1 February 2018. This has been completed.
2. Mandatory Local Planning Panel referral criteria – Update Subsequent to the last mandatory Local Planning Panel update report on 14 November 2017, the Department has released draft Local Planning Panel referral criteria for both development applications and planning proposals.
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Referral criteria for development applications The draft referral criteria for development applications have not changed significantly since the previous report to Council on 14 November 2017. In summary, development applications must be referred to the Local Planning Panel if they: Are of a value greater than $5 million; Involve a potential conflict of interest – For example, where the applicant or owner is Council, a councillor, a member of a councillor’s family, a member council staff, a family member of council staff, or a state of federal member of parliament; Are the subject of 10 or more unique submissions by way of objection; Depart from development standards by more than 10%; Are ‘sensitive development’.
Council staff have reviewed the draft referral criteria and provided feedback to the Department. In particular, clarity has been sought around intent and definition of terms, to provide certainty around referral triggers so that the function of the Local Planning Panel, and its caseload, is consistent with the current function and caseload of Council in its role as a determining authority.
Referral criteria for planning proposals The draft referral criteria for planning proposals require Council to refer all planning proposals to the Local Planning Panel for advice, unless the planning proposal is of a minor nature. Concerns with this approach have been formally raised with the Department as the need for this advice, and the weight to be given to it, is unclear.
The consultation documents released by the Department in September 2017 stated that a key benefit of the Local Planning Panel model is that it frees local councils to focus its efforts on strategic leadership in the planning system, including great strategic planning. The requirement to refer all planning proposals to the panel for advice (presumably before these proposals are presented to Council) is at odds with this statement, and contrary to the stated intention that Councils focus on strategic planning roles, including the updating of development controls. Additionally, dual reporting (to the Panel for advice and then to Council) is likely to result in administrative delay to delivery of these outcomes.
The Department has advised that the referral criteria for both development applications and planning proposals will be formalised in early February, prior to the official commencement of Local Planning Panels on 1 March 2018. At the time of writing this report, this had not occurred. Once these documents are finalised, they will be forwarded to Councillors for reference and placed on the Council’s website.
3. Mandatory Local Planning Panel code of conduct Subsequent to the last mandatory Local Planning Panel update report on 14 November 2017, the Department released a draft code of conduct for Local Planning Panel members for comment. The document is based on the model code of conduct for councils provided by the NSW Office of Local Government. The Department has advised that the code of conduct will be formalised in early February 2018. This had not been completed at the time of writing this report.
Key sections of the model code have been amended to articulate the role of Councillors in relation to Local Planning Panels, as follows:
Part 1: Introduction: “Panels are independent panels appointed by Councils. Their main functions are to determine development applications….. Panels are not subject to the direction or control of the council....”
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Part 3: General Conduct Obligations: Part 3.15: Panel members....”must not approach an applicant, a consultant representing and application or an objector. If you are approached…you must not discuss any application, except during a panel meeting where the application forms part of the agenda and the applicant, their consultant or an objector has a right to be heard by the panel.”
Part 3.16: Panel members....”must disclose to the panel chair any efforts made to lobby you by any persons, including Councillors, property developers and real estate agents”. “If you are the chair of the panel and you have been approached, then you must disclose this to the general manager. If the approach has been made by a councillor you must also report these disclosures to the Office of Local Government.”
Part 7: Relationships and Interactions: Part 7.2: Panel members....”may only approach and liaise with council staff nominated by the general manager to assist the panel to obtain information and clarify matters relating to its duties, responsibilities and functions and matters before it.” Panel members “must not approach a Councillor, or if approached by a Councillor must not discuss any application that is either before the panel or will come before the panel at some time in the future, except during a panel meeting where the application forms part of the agenda and the councillor has a right to be heard by the panel at the meeting.”
These excerpts clarify the extent and nature of interactions between Panel members and Councillors, and additional commentary on the role of Councillors is provided at section 7 of this report. As stated above, at the time of writing this report the Code of Conduct had not been finalised.
4. Mandatory Local Planning Panel operational procedures Subsequent to the last Local Planning Panel update report on 14 November 2017, the Department also released draft LPP operational procedures. Council staff have reviewed the draft operational procedures and have provided feedback to the Department. In particular, it was recommended that clarity be provided in relation to whether it is intended for community representatives to be interchanged during a meeting to ensure community representation from the ward in which a proposed development is located.
Further, operational procedures contain a requirement for a review of determination to be heard by different panel members than those who made the original determination. It has been argued that this has the potential to result in a significant cost and administrative burden. Currently, a development application submitted under section 82A of the EP&A Act that had been determined by the elected Council is returned to the Council for determination. Given that the Local Planning Panel is intended to replace the function of the elected Council in this context, the requirement that different members be utilised to determine a review, is unnecessary.
It practical terms, there is substantial administrative burden associated with providing for alternates for what may be one application, and/or potentially holding a separate meeting for applications seeking review under section 82A of the EP&A Act. It has been requested that these applications be able to be reconsidered by the panel, as current functions with the elected Council.
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In line with departmental advice on other procedural documentation related to commencement of the Local Planning Panel, it is anticipated the operational procedures will be formalised in early February.
5. Remuneration rates The Minister has determined remuneration rates for Local Planning Panel members as follows: $2,000 (plus GST) per meeting for the Chair. $1,500 (plus GST) per meeting for each independent experts. The range provided per meeting for each community representative per meeting is $500 - $1,500 (plus GST). Based on information from the Department, community representatives will only be called upon to consider those applications within their ward. In that context, it is proposed to fix the rate at $750 per person per meeting.
The rates assume a full day (7 hours), and include time for meeting preparation, site visits and participation at the meeting. It is also provided that panel members be able to claim reasonable travel and out of pocket expenses, and these are included as separate costs.
The remuneration rates make up the base cost of $78,000 per annum, referred to at the financial implications section of the document below. Additional financial detail is also provided in this section.
6. Scheduling and logistics Despite concerns regarding the referral criteria for both development applications and planning proposals, it is considered that one LPP meeting per month will be appropriate to deal with the expected case load.
Achieving the balance between public access to meetings and cost minimisation may be difficult. The following options have been considered, with further information in relation provided in the ‘financial implications’ section of this report:
1. Meetings held wholly during business hours: This is the most cost effective option. It removes the need for overtime work and minimizes any out of pocket expenses associated overnight stays. However, to complete a meeting agenda within business hours, would require that the public meeting begin at between 3-4pm. This could be considered a barrier to public attendance.
2. Meetings starting at 7.30pm: A start time of 7:30pm is consistent with the timing of current Council meetings. This later scheduling provides the greatest access for public attendance, however it also results in the largest cost impost for Council, due to operation outside of core business hours.
3. Meetings starting at 6pm: As an appropriate balance of both access to panel meetings by the public, and minimisation of costs to Council, a proposed start time of 6:00pm is recommended. This will include advanced publishing of reports scheduled to the Local Planning Panel (likely two weeks in advance) and online registration of speakers.
A number of other measures are also proposed that leverage existing processes and / or provide efficiencies: Local Planning Panel meetings be held in the Council Chambers (refer to section 7 below) on the day following the meeting of the Council. The Council Chambers is fitted with the required communications / recording equipment. Wednesday is selected as it limits meeting setup / packup costs. - 103 - USING LAND Item 16, Ordinary Meeting, 27.02.18
All documents requested by panel members be distributed electronically with limited printed copies (costs have estimated 10 copies) accessible for members of the public at panel meetings. That the meeting dates / times / reports / decisions, etc., be published on Council’s website under the development tab with a meeting notice published in the local paper in the week immediately before the scheduled meeting.
7. Location of Local Planning Panel Meetings At the Ordinary Council meeting of 28 July 2009, the Council resolved that: ‘meetings of the Joint Regional Planning Panels be held in the Grose/Megalong Rooms on level 2 of Council Katoomba Officers or when this facility is unavailable that other venues identified in the report be offered subject to availability’ [Minute 295].
This resolution coincided with the commencement of Joint Regional Planning Panels in July 2009, to determine certain types of development applications. Other venue options considered at that time were the then Springwood Civic Centre and Katoomba Civic Centre.
The convening of the Joint Regional Planning Panel for the determination of development applications in the Blue Mountains has been relatively infrequent. This is distinct from the Local Planning Panels to be introduced on 1 March 2018, which will be held on a monthly basis and in that way, will form a regular function of Council.
Consideration has been given to other venues suitable for a meeting of the Local Planning Panel, including those referenced in the 2009 report, and venues constructed since that date such as the Blue Mountains Cultural Centre and Springwood Hub.
All of these pose both cost and logistical challenges. These are associated with the hiring of the venue, the capacity of those venues, and the administrative requirements during a meeting (including recording, timing of speakers, access to Council systems and online network etc). However, perhaps most significantly, the locating of local planning panel meetings at sites other than Council offices (the Council Chambers) inconveniences the public who will attend these public meetings, and who are accustomed to doing so at this purpose built venue.
It is therefore included as a recommendation of this report, that Local Planning Panels be held in the Council Chambers. This would include any re-convened meeting of the panel for the determination of the development application for 170-174 Leura Mall.
8. Role of Councillors Clause 23I of the EP&A Act prevents any involvement by elected councilors in the determination of any development applications. As detailed above, the draft code of conduct also provides clarity around the nature and extent of Councillor involvement in the Local Planning Panel process.
However Councillors will from time to time be contacted by residents, objectors or applicants in relation to a development proposal under assessment and/or changes to the development assessment process (particularly at the inception of Local Planning Panels). As a general guide, Councillors can advise residents on how the process works, including for example, that submissions can be made to Council detailing support or objection to a proposed development. Councillors can also make a submission to a development application, the same as any member of the community.
Councillors will still be bound by the Code of Conduct for Local Councils in NSW, however this should now be read in conjunction with the Code of conduct for local Planning Panel
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members with respect to the role of Councillors (as referenced above). Councillors are invited to seek the advice of the General Manager or Director - Development and Customer Service as to the development application process or the status of any particular application.
9. General Manager and Staff delegations On 22 August 2017, the Council resolved to delegate certain functions to the General Manager. As part of that process, the Council resolved that the General Manager (or their delegate) could determine various classes of development application (DA). However the Council also resolved, by exception, that certain classes of application could only be determined by the Council. As an example, DAs valued over $1.5 million were required to be determined by the Council.
With the introduction of s. 23I of the Environmental Planning and Assessment Act 1979, no applications may be determined by elected councillors from 1 March 2018.
Section 23I also requires that certain DAs may be determined by “an officer or employee of the council to whom the council delegates those functions”. For consistency with s.23I, it is proposed that the delegations to the General Manager by the Council delete any reference to certain classes of application to be referred to the Council for determination. This is subject to a separate report to the Council.
In terms of the General Manager’s delegations to staff, few changes are required. However, amendments will be required for delegations relating to applications with a value between $1.5 to $5 million, which are not otherwise required to be referred to a Local Planning Panel or the Sydney West Planning Panel. It is proposed that such applications will be determined by the Director – Development and Customer Services based on reports prepared by the relevant manager.
Sustainability Assessment A sustainability assessment of the mandatory Local Planning Panel proposal was contained with the report considered by Council on 22 August 2017. The below assessment relates only to the recommendations of this report.
Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil As identified in this report, the remuneration of up to 4 community representatives for their attendance at each Local Planning Panel meeting represents a financial impost on Council. Furthermore, the administration of the Local Planning Panel is a further financial impost on the Council. This is magnified should Council meeting rooms not be considered appropriate for Local Planning Panel meetings, and external venues are required to be hired.
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Effects Positive Negative Governance The creation of a selection panel for Council has previously made the selection of experts and representations about the community representatives mandatory panels and the demonstrates a transparent and well absence of elected balanced process. The selection of representation, which is not community representatives across all resolved by having a single, wards provides opportunity for local unelected, community representation across the LGA. representative.
Financial implications for the Council Ongoing costs will impose a significant financial burden on the Council. At a minimum, remuneration rates for the LPP are in the order of $78,000 (considered the base cost) for 12 meetings per annum (based on the rates identified at section 5 above). Other costs vary depending on scheduling and logistics. For example:
Meetings held wholly during business hours – $12,780 + base cost Meetings starting at 6pm – $28,400 + base cost Meetings starting at 7.30pm – $34,024 + base cost
Included in the above costings are security costs, advertising, minimal staff overtime, meals and out of pocket expenses for the panel members. Setup costs are estimated at $3,000.
These figures are a conservative estimate. Costings do not reflect additional workloads associated with meeting scheduling, web updates, document distribution, etc (ie. pre and post meeting administration). Nor does it take into account the additional demands placed on assessment staff. The NSW Government has not provided any financial support for local government to establish mandatory LPPs. It is understood from DPE staff that it is unlikely that any financial assistance will be provided.
To meet the requirements imposed on the Council by legislation, the 2018-2019 budget will need to be adjusted to accommodate the additional expense. Based on the options proposed and, in the absence of any further formal advice that may be given by DPE, recurring costs are likely to be in the order of $100,000pa. It may be required that quarter 3 for the 2017- 2018 budget be adjusted to accommodate the proportionate annual cost, being approximately $33,000.
Legal and risk management issues for the Council The processes outlined in this report for the creation of a selection panel and recruitment processes for the community representatives, present limited legal or other risk.
In relation to the mandatory Local Planning Panel process generally, Council staff have raised the need for shield provisions to be included around the Ministerial directions, to ensure that the administering of the Local Planning Panel and decisions around which applications are referred to the panel, can stand up to legal scrutiny. Additionally, and as noted above, should the Council not establish a Local Planning Panel within the parameters and timeframe set out in the EP&A Act and Department guidelines, the Minister has the power to direct two or more council’s to constitute a single Local Planning Panel. Further, if a council fails to constitute a Local Planning Panel, the Minister may constitute a Local Planning Panel to replace Council’s consent authority functions.
External consultation Council staff have engaged directly with senior officers of the Department of Planning and Environment.
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Conclusion The report outlines the remaining steps required to establish the mandatory Local Planning Panel. Certain aspects of this process and operating procedures remain unclear. It is assumed relevant directions and documentation containing information on the exact function or the Local Planning Panel will be formalised prior to the official commencement of Local Planning Panel on 1 March 2018.
While the process of constituting a Local Planning Panel will only draft information being providing by the Department of Planning & Environment has been challenging the requirement that the panel be in place by 1 March 2018 remains. The recommendations of this report are therefore to proceed with an expanded selection panel (now that the Panel Chair has been appointed), and the selection of the independent experts and a larger number of community representatives than previously resolved by Council.
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ITEM NO: 17
SUBJECT: INSTALLATION OF REVERSE VENDING MACHINES ON PUBLIC LAND
FILE NO: F04034 - 18/18768
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendations:
1. That the Council notes the receipt of a proposal by TOMRA/Cleanaway to install Reverse Vending Machines (RVMs) on Council owned or managed land within the Local Government Area as part of the NSW Government’s Return and Earn container recycling scheme; 2. That the Council endorses, in principle, the installation of RVMs in the Local Government Area subject to appropriate locations being determined that minimise detrimental impacts on the operation of Council facilities and surrounding residences, where relevant; and 3. That the Council receives a further report on the progress of negotiations with TOMRA/Cleanaway by June 2018.
Report by Director City & Community Outcomes:
Reason for report Council has received a proposal from TOMRA/Cleanaway to locate Reverse Vending Machines (RVMs) on Council owned or managed land. The RVMs are used to collect drink containers as part of the NSW Government’s Return and Earn container recycling scheme (the scheme). This report outlines the proposal and discusses the potential physical and economic impacts of facilitating the scheme within the Local Government Area. Additionally, recommendations are made on the next steps to consider this proposal.
Background The NSW Government launched the Return and Earn scheme on 1 December 2017. The scheme enables people to return eligible containers over the counter at participating local shops or at a Reverse Vending Machine, usually located in a supermarket car park or other public place. People then receive a direct cash refund, an in-store credit, an electronic funds transfer or the option to donate the refund to selected charities. On 17 January 2018, the NSW Environment Protection Authority stated that 40 million containers have been returned by the community, which is expected to increase with new collection points continuing to be rolled-out.
TOMRA/Cleanaway approached Council in December 2017 regarding proposals to install RVMs on Council owned or managed land. Initial locations discussed included the Woolworths supermarket car parks at Katoomba and Leura. However, the locations nominated under the current proposal are the Council owned car park at Blaxland adjacent to Blaxland Arcade (known as the ‘IGA car park’) and the Council managed northern car park on Macquarie Road, Springwood – also adjacent to an IGA supermarket. The preference for locating RVMs in car parks is to maximise convenience for participants and returns through
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redemption partners to the scheme, which in this case would be the IGA supermarkets. Woolworths are a retail partner to the scheme and over 180 RVMs will be positioned at or near to Woolworths supermarkets, with more proposed over time.
Proposal TOMRA/Cleanaway is proposing an RVM kiosk with four reverse vending machines – two for glass and two for light-weight material (cans plastic bottles and cartons). The overall dimensions of the RVM is 7.5m (l) x 4.98m (w) x 2.4m (h), as shown in Figure 1 below.
Figure 1: Reverse Vending Machine image and dimensions.
These dimensions are broadly equivalent to 2-3 car parking spaces. The proposal for Blaxland nominates two locations within the car park, one location which equates to the loss of 2 car spaces (as demolition and use of a garden bed is proposed) and the other 4 car spaces. The proposal for Springwood also nominates two locations within the car park, one location which equates to the loss of 5 car spaces and the other 4 car spaces (2 formal and 2 informal).
TOMRA/Cleanaway are responsible for the installation of RVM and connection to power however under a Licence Agreement, Council are responsible for the payment of ongoing power consumption, estimated at $1,000 annually for the proposed double module shown in Figure 1.
Under a model Licence Agreement, TOMRA/Cleanaway is offering a base rent which will likely see a positive return to Council. Under agreement, TOMRA also offer: Cleaning of the kiosk and immediate surrounding area a minimum 3 days per week (including graffiti); Servicing and maintenance of kiosk; Remote monitoring for operation; Remote monitoring of fill levels, emptying schedules matched accordingly; Customer support; Liability insurances; Connectivity (4G) and ongoing cost; and Consumables for kiosk.
Discussion Installing RVMs in the Local Government Area presents an opportunity for the community to more easily participate in the scheme and notionally support local business and economy
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through refund expenditure. It may also assist in reducing litter by providing a monetary incentive to recycle containers that may otherwise become litter. A reduction in kerbside recycling volumes and waste to landfill may also be experienced but cannot be quantified until the local take up of the scheme can be measured.
However, the potential detrimental impacts of installing RVMs also needs to be considered. Principally, the proposed locations would result in a loss of car parking spaces at facilities that already experience moderate to high occupancy rates. The loss of up to five car parking spaces per site to accommodate the RVMs would have significant impact on the capacity, function and performance of the public parking areas.
Additionally, an adequate and responsive cleansing program must be established to avoid rubbish accumulating around RVMs and unsightly presentation of kiosks. Council will not be responsible for collection of rubbish associated with the operation of the RVMs. Similarly Council will not be responsible for cleansing the exterior of the RVMs (including graffiti) and would insist RVMs are presentable. If an adequate maintenance program is not implemented, there is a risk of Council resources being utilised to cleanse the units and/or the immediate surrounding area. Council may also receive complaints from the community regarding the operation or maintenance of the RVMs however all complaints would be directed to and managed by TOMRA/Cleanaway.
Other amenity impacts are likely to include the introduction of a new source of noise. The deposition of containers is likely to generate minimal noise however; dependent on the location of the RVM and surrounding land uses, emptying of the RVMs by Cleanaway may generate noticeable noise levels. Locating RVMs appropriately and restrictions on emptying hours will minimise noise impacts. It is also clear that each RVM is a significant installation to accommodate wherever it is sited, representing significant visual intrusion which needs to be factored into all site considerations.
TOMRA and Council asset managers would determine the appropriate method for power connection. Once power connection is established, the installation of RVMs takes around half a day. Subject to the location, closure of the site to vehicles and pedestrians for the duration of installation will likely be required.
Location of RVMs The current proposal nominates highly-utilised town centre public car parks. The loss of these car park spaces is expected to have an unacceptable detrimental impact on the performance of these parking areas. Therefore, alternative locations for RVMs should be considered. Council asset managers and TOMRA/Cleanaway are collaborating to determine acceptable alternative locations. Alternative locations for negotiation include: State owned land such as classified road reserves, rail corridors or car parks; Residual public spaces (verge or garden beds) within or near to town centres or existing car parks; Major sportsgrounds and ovals; and Waste Management Facilities.
Permissibility of Land Use The erection of RVMs is exempt development under Division 12 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 providing it complies with the provisions of that Code. Amongst other provisions, the Code specifies that RVMs must not be erected within 5 metres of any residential premises.
Further, restrictions apply under the Local Government Act 1993 regarding change or new use of Council owned, Community classified land therefore it is preferable to utilise Operational classified land for this proposal.
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Sustainability Assessment Effects Positive Negative Environmental The NSW Government’s container Risk that the scheme will not recycling scheme aims to increase realise significant reduction in recycling rates and reduce litter. littering rates or increase container recycling. Social Facilitating the scheme will Risk that the RVMs and engender local community surrounding areas will become participation. unsightly. Economic Facilitating the scheme will provide Risk that costs associated with a monetary incentive for recycling maintenance of RVMs will be which may contribute to the local transferred to Council. economy and/or charities. Governance Demonstrates leadership on issues Nil of importance to the community.
Financial implications for the Council At this stage of the project there are no financial implications for the Council.
Legal and risk management issues for the Council There are no legal or risk management issued associated with adopting the recommendations in this report for this stage of the proposal. However, should the proposal progress, legal advice may be sought on land use permissibility and a Licence Agreement.
External consultation No external consultation has been undertaken for this stage of the proposal. TOMRA/Cleanaway is responsible for consultation and negotiation with commercial redemption partners.
Conclusion This report outlines a proposal received from TOMRA/Cleanaway regarding installation of RVMs in the Local Government Area as part of the continued expansion of the NSW Government’s Return and Earn container recycling scheme. A number of positive and potentially negative impacts are considered. It is recommended that the Council support in principle the facilitation of the scheme subject to appropriate locations for installation being determined that do not detrimentally impact on Council facilities or surrounding residences, where relevant. Further, a progress report will be presented to the Council by June 2018.
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- 111 - USING LAND Item 18, Ordinary Meeting, 27.02.18
ITEM NO: 18
SUBJECT: VARIATIONS TO DEVELOPMENT STANDARDS
FILE NO: F11178 - 18/21854
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendation:
That the Council notes this report.
Report by Director, Development & Customer Services:
Reason for report This is a regular report provided to the Council in compliance with reporting procedures required for development applications relying upon State Environmental Planning Policy No. 1 - Development Standards (SEPP1) or cl.4.6 (Exceptions to Development Standards) of Blue Mountains Local Environmental Plan 2015.
Background Councils have delegations from the Director General of the Department of Planning and Environment to determine development applications that rely on a variation of development standards. The delegations specify that some applications must be determined by the Council, others are delegated to the General Manager, thence to the relevant officers.
The purpose of these provisions is to provide flexibility and permit development to be exempted from meeting certain standards in response to the individual circumstances of a site, whilst meeting the underlying objective of that standard. The detailed requirements are set out in the enabling instruments but in brief, the requested contravention to the standard must be justified on environmental planning grounds and be consistent with the objectives of the zone and of the development standard.
The authority delegated to officers to determine applications requiring a variation of development standard are subject to the following limits, other than applications for dwellings being rebuilt as the result of the 2013 bushfires, which are not subject to limit:
1. Residential alterations and additions and single new dwellings if: The variation in a development standard for building setback does not exceed that standard by more than 50%, or The variation in any other development standard does not exceed that other standard by more than 25%
2. Otherwise officer delegations are limited to 10% variation from the standard. It should also be noted that applications are regularly also referred to the Council for determination, as called up by Councillors.
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Reporting Reporting of applications determined by a resolution of the Council or under authority delegated to officers, which rely on a SEPP 1 or cl.4.6 variation is by way of: Quarterly Reports to the Department of Planning (DoP) Quarterly reports listed on BMCC website Report to each Ordinary Meeting of the Council
The applications that have been approved using SEPP 1 or cl. 4.6 to vary a development standard since the last report to the Council, being for the period between 14 November 2017 and 11 December 2017, are as listed in Attachment 1.
Sustainability Assessment A sustainability assessment is not required for this report.
ATTACHMENTS/ENCLOSURES
1 Variations Report - February 18/22263 Attachment
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Attachment 1 - Variations Report - February
- 114 - USING LAND Item 19, Ordinary Meeting, 27.02.18
ITEM NO: 19
SUBJECT: SPRINGWOOD TOWN CENTRE MASTERPLAN IMPLEMENTATION
FILE NO: F11178 - 18/22680
Delivery Program Link Principal Activity: Using Land Service: Town Centres
Recommendations:
1. That the Council notes the ongoing actions undertaken to implement the Springwood Town Centre Masterplan;
2. That the Council endorses in-principle the proposal to reclassify the following land in Springwood from community land to operational land;
Lot 1, DP 911020 (272A Macquarie Road – Rest Park), Lot 16 DP 876916 (50 Springwood Avenue), and Lot 9 DP 701119 (Part of 52-56 Springwood Avenue),
3. That the Council endorses in-principle the proposal to rezone 272A Macquarie Road to Zone B2 Local Centre and place a height of buildings of 9m on the land – consistent with adjoining land;
4. That the Council receives a report on the Planning Proposal for the reclassification of the nominated sites, and the rezoning and height of buildings on 272A Macquarie Road by August 2018; and
5. That Council proceeds with further concept development and feasibility investigations on the Northern and Southern Car Park sites and Rest Park.
Report by Director City & Community Outcomes:
Reason for report This report updates the Council on the actions being taken to implement the Springwood Town Centre Masterplan and Action Plan. It includes an outline of the proposed Planning Proposal for the reclassification of three key sites in the Springwood Town Centre and requests in principle endorsement for the reclassification of these three parcels of land from community land to operational land. A program for progress of concepts for these three parcels is also put forward.
Background The Council adopted the Springwood Town Centre Masterplan at the Ordinary Meeting of the Council on 26 April 2016, and considered a report on its implementation at the Ordinary Meeting of the Council on 17 October 2017, when it was resolved:
“That the Council defers Item 16 – Springwood Town Centre Masterplan Implementation, until the February or March 2018 meetings of the Council pending
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further interactive briefings on the matter, but Council expresses its deep concern for increased heights and densities in Springwood Town Centre.” [Minute No. 353] Key sites A major component of the Masterplan is the potential to increase the vitality and viability of the Town Centre through retail activity and new development. The Masterplan Economic Development Strategy outlined a number of catalyst sites that could be used for mixed use development to initiate renewal and rejuvenation of the Town Centre. Including: Parts of the southern and northern car parks; and Rest Park.
The concepts for development of these sites were discussed at community consultations and included in the exhibited Masterplan, receiving generally positive community feedback.
Northern & Southern Car Parks The investigation sites were identified and design concepts developed during the masterplan preparation to test the proposed town centre strategies and delivery guidance on future improvements to the town centre. The investigation sites demonstrate the opportunities to sensitively revitalise Springwood town centre and demonstrate each site’s potential.
Northern Car Park Site The northern car park site comprises 169-171 Macquarie Road (Crown Land) and 173 Macquarie Road (Council Operational Land) – at the eastern end of the northern car park and adjacent to the IGA. The Early Childhood Health Centre and playground are accommodated on 169-171 Macquarie Road. An unformed car park is accommodated on 173 Macquarie Road.
The Masterplan concept for the site is to: Demolish and relocate the Early Childhood Centre building to a suitable location and develop a new mixed use building. Crown land issue to be resolved. Flexible car parking zone for events and markets. This location supports activation along Macquarie Road. Long term potential for a small public space. Step back from the main street reducing over shadowing. Easy access to the car park that forms a public domain link with Town Square and the adjacent pedestrian crossing. Facade rejuvenation of existing buildings to improve the mainstreet character. Possible rear of building activation alongside access to basement car parking.
The building shown in the Masterplan concept diagrams is three storeys high with underground car parking. The building could potentially be constructed under the current BMLEP 2015 planning heights of 9m (using clause 4.6 Exceptions to development standards that may be necessary to accommodate retail development at ground floor, which is usually higher than a residential ground floor).
It is recommended in this report that the site’s potential be investigated through: basic floor layouts to ensure viable spaces and appropriate uses can be accommodated (including car parking layout); feasibility analysis to determine the commercial viability of a development with basement parking at this relatively low scale; discussion with the NSW Department of Industry (as one of the lots is Crown land); internal discussion and with NSW Health on relocation of the Early Childhood Health Centre,
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internal discussion on the development process and implementation of BMLEP 2015 (in particular the use of clause 4.6 Exceptions to development standards).
Southern Car Park Site The southern car park site comprises 50 Springwood Avenue and part of 52 - 56 Springwood Avenue.
The Masterplan concept for 50 and part of 52 – 56 Springwood Avenue is: Future mixed use development that maximises views to the bush and solar access. Rear of building activation to animate the new public space extension to Town Square. A level public space is established with al fresco dining opportunities made available. Pedestrian terracing for passive recreation and maximising views and links towards Fairy Dell Reserve. Accessible ramps ensuring equitable access for all users [mobility, elderly, prams]. Facade rejuvenation of existing buildings to face and address the public space.
The building shown in the Masterplan concept diagrams is mostly two to three storeys and partly four storeys. The Masterplan concept shows an internal public space along the northern edge of the site (as per the second point above). However, this is not considered feasible and public open space would be adequately catered for in the extended central School of Arts Square through to Springwood Avenue, as per the concept. The building could potentially be constructed under the current BMLEP 2015 planning controls (using clause 4.6 Exception to development standards).
It is proposed that there would be no net loss of car parking on the southern car park. However, the Masterplan does not go into detail about how this would be achieved and it is recommended in this report that the concept be developed to include options for car parking (options include incorporating under the new building or providing in a partial deck on the eastern end of the southern car park).
It is recommended in this report that the site’s potential be investigated through: basic floor layouts to ensure viable spaces and appropriate uses can be accommodated (including car parking layout) potential to provide two levels of car parking on the eastern end; design of a compatible interface to the future extension to School of Arts Square; feasibility analysis to determine the commercial viability of a development at this relatively low scale- including testing of removal of the partial fourth storey; internal discussion on the development process and implementation of BMLEP 2015 (in particular the use of clause 4.6 Exceptions to development standards).
Community facilities, accessibility & accessible parking A significant community benefit of both car park concepts is the potential to improve pedestrian accessibility and the provision of compliant accessible parking; parking could be provided in basement car parks under the new buildings and lifts would provide access to the Macquarie Street level.
It is proposed to incorporate public toilets into the northern car park building and this would greatly improve the amenity of the public toilets (that are currently in the centre of the northern car park).
The Early Childhood Health Centre is in need of upgrade and this concept provides an opportunity to provide a better facility either on site or at another suitable location.
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Rest Park 272(A) Macquarie Road & adjacent public pathway Council has resolved to remove Rest Park from the open space network and enable it to be developed for mixed use and focus resources on the four main Springwood Parks/Urban Spaces that will be progressively upgraded and provide adequately for Town Centre users (as suggested in the Masterplan). Rest Park was resumed by Council in 1922 for public recreation purposes. At that time other Springwood Town Parks were not in public use. The land is adjacent to single storey buildings and to the rear a four storey residential building has been constructed. The land is serviced and surplus to open space needs in the Town Centre and could reasonably be developed under the B2 zoning with a height of 9m and pedestrian access to Springwood Lane and Springwood Avenue maintained.
Basic concept plans have been drafted for Rest Park and it is recommended in this report that the concept be further developed through feasibility analysis.
Reclassification of community land Rest Park, 50 Springwood Avenue and one lot on 52 – 56 Springwood Avenue are classified as community land. The community land classification is generally applied to parks and open space and is not appropriate for car parks or land that is to be developed for other purposes. It is, therefore, proposed to prepare a planning proposal to reclassify the following three parcels of land to operational land: Lot 1, DP 911020 (272A Macquarie Road – Rest Park), Lot 16 DP 876916 (50 Springwood Avenue), and Lot 9 DP 701119 (Part of 52-56 Springwood Avenue).
Traffic Modelling An RMS Congestion and Safety Program project has been funded for the GWH/Hawkesbury Road/Macquarie Road intersection. This location is part of a network that controls the movement of vehicles on and off the GWH, Hawkesbury Road and through the Springwood town centre.
The project is to be initiated in February 2018 and will produce road design options to address congestion, and cost estimates for these. An economic appraisal (EA) will determine whether the options for the intersection upgrade deliver value for money to the community. The EA will measure the economic benefits generated and compare them to the expenditure required to implement the options. The final phase of the project will determine a preferred option. It is expected the project will be finalised by the end of May 2018.
Parks and urban spaces Concept Masterplan and Plan of Management The adopted Masterplan suggests upgrade of four parks/urban spaces in Springwood - Manners Park, Buckland Park, the Hub Forecourt and School of Arts Square - and removal of Rest Park and Telecom Park from the open space network. A concept plan for the four parks/urban spaces is being prepared and will include upgrade of the playground at the front of the Early Childhood Health Centre.
Funding for implementation of the upgrade of Manners Park has been deferred until the 2018/2019 financial year following Council resolution. Detailed design of Manners Park and for minor works to some of the other parks will be undertaken first, and it is anticipated work on Manners Park can begin at the beginning of the next financial year.
Sustainability Assessment Effects Positive Negative Environmental The Masterplan was prepared with due regard to Nil environmental planning and management best practice and this has been incorporated in the Planning Proposal.
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Effects Positive Negative Social The Masterplan was prepared through extensive Nil consultation with stakeholders and the local community. The Masterplan and planning proposal focusses on providing public benefits through public domain and built form guidance that supports the local community and economy. Economic The continued economic viability of Springwood Town Nil Centre is a key driver of the process and is reflected through Masterplan guidance that has been incorporated in the Planning Proposal. Governance The Planning Proposal builds on the recommendations of Nil the Masterplan commissioned by Council to address the continued vitality and performance of the Springwood Town Centre, and prepared through extensive consultation. An open and transparent process will continue with exhibition of the Planning Proposal.
Financial implications for the Council It is estimated that the concept development and feasibility will cost $20,000 and this is available in the current operational budget.
Legal and risk management issues for the Council There are no known legal or risk management issues for the Council in relation to this Council report or its resolutions.
External consultation Extensive public consultation was undertaken in the drafting and adoption of the Springwood Town Centre Masterplan. Council is required to exhibit the Planning Proposal and may be required to consult with government agencies and other stakeholders. The Gateway Determination will prescribe the extent and time frames of the Planning Proposal exhibition and consultations.
A public hearing is required in relation to the reclassification of community land. This public hearing is to be run by a suitable qualified and experienced independent.
Conclusion It is proposed to progress implementation of the adopted Springwood Masterplan through developing concepts for the southern and northern car parks and for the land currently known as Rest Park. Development of these lands has the potential to generate income for Council and this income can be reinvested in the Springwood town centre. The idea of development at the proposed low scale has community support as it will reinvigorate the Springwood town centre and make more efficient use of the land for community benefit. It is recommended Council resolves in principle to reclassify the land identified and to proceed with concept development and feasibility investigations on the three nominated sites as detailed in this report.
To enable these concepts to progress it is further recommended in principle that Rest Park be reclassified to operational land and rezoned to Zone B2 Local Centre with a height of 9m (consistent with adjoining lands) and two parcels in the southern car park be reclassified to operational land. These matters would be formalized through the preparation of a planning proposal, to be presented to Council by August 2018.
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- 119 - USING LAND Item 20, Ordinary Meeting, 27.02.18
ITEM NO: 20
SUBJECT: CONVERSION OF PERIOD HOUSING TO HERITAGE CONSERVATION AREAS
FILE NO: F11178 - 18/24798
Delivery Program Link Principal Activity: Using Land Service: Land Use Management
Recommendation
That the Council endorses the enclosed planning proposal be sent to the Greater Sydney Commission requesting a Gateway Determination under s.56 of the Environmental Planning and Assessment Act 1979.
Report by Director Development & Customer Service:
Reason for report Clause 6.18(7) of LEP 2015 is a sunset clause which has the effect of removing protections for Period Housing Areas (PHAs) as of 16 February 2019. To ensure protections for these areas are retained beyond this date, conversion of Period Housing Areas to Heritage Conservation Areas (HCAs) is required. The planning proposal (Enclosure 1) achieves this by adding 17 new HCAs to the heritage mapping and to Schedule 5 of LEP 2015. This will ensure protections for these areas are retained beyond 16 February 2019.
Executive Summary During the preparation of the Standard Instrument LEP the Blue Mountains the Council was required by the Department of Planning and Environment (the Department) to convert existing Period Housing Areas into heritage conservation areas. However, due to the extent of work required for these areas to be meaningfully reviewed, and the time limit to prepare the LEP, this conversion could not occur as part of LEP 2015. Consequently, the Period Housing Area clauses were carried over into LEP 2015, with a sunset clause imposed by the Department that required the conversion of the period housing areas into heritage conservation areas by 16 February 2019.
To inform the conversion process, Council commissioned a pair of complementary reports, in 2014 and 2017, to assess the heritage value of the existing Period Housing Areas. The 2014 report found that the existing Period Housing Areas were substantially intact and had high values for conversion to heritage conservation areas. The 2017 report reviewed the previously-recommended boundaries for the proposed heritage conservation areas, and carried out extensive fieldwork to assess the contributory values of properties within the proposed boundaries.
The supporting studies commissioned by Council recommend the extension of the heritage conservation areas to include additional lots, beyond existing Period Housing Areas, due to the heritage values identified. This recommendation does not form part of the current proposal, but may be the subject of a future planning proposal at a later date.
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Land deferred from LEP 2015 will continue to be regulated by LEP 2005, including Period Housing provisions in that LEP. This includes significant areas of land in the Living – Conservation zone under LEP 2005. The current proposal only relates to Period Housing Areas over land with within LEP 2015.
Following the submission of the draft planning proposal to the Department, Development Control Plan 2015 (DCP 2015) will be amended by making changes to Parts D1 Heritage and D2 Period Housing. This is likely to include contributory mapping to inform individual building contributions and to guide development. This will ensure DCP 2015 complements the new HCAs. DCP amendments will be the subject of a separate report to Council.
This report seeks Council’s endorsement for a draft planning proposal to be submitted to the Department for the conversion of the existing PHA lots to new HCAs. Once Council is in receipt of the Gateway Determination, formal public exhibition of the changes can occur. The minimum consultation period for exhibition will be determined by the Department. The results of the exhibition will be reported back to Council.
Introduction The Blue Mountains identity and tourism is largely reliant on the interplay of scenic beauty and the charm of its historic villages. Heritage character underpins this tourism, thereby contributing to the local economy. Limited in supply, the rarity and authenticity provided by heritage places underscores the local identity. Listing and conservation of heritage places is a sign of the value attributed to these places by the community.
Council has an ongoing role in managing and protecting the environmental and cultural heritage of the Blue Mountains. The Blue Mountains Community Strategic Plan 2035 is the local strategic plan. The conservation of cultural heritage is identified within key direction “Live – a liveable city”, which seeks to ensure that “places of natural, cultural and historical significance are retained and enhanced by the active use of appropriate conservation methods.” ‘Live’ Objective 4.3 includes Strategy 4.3.d, “to preserve, maintain and enhance the City’s unique character, and its built, natural and cultural heritage and local history”. This is accompanied by a Council response requirement to complete the Heritage Inventory Review for the Local Environmental Plan. The enclosed draft planning proposal is consistent with the strategic heritage work of updating Council’s Local Environmental Plan to ensure adequate protections for items and areas identified as of heritage significance.
Cultural heritage conservation is also identified as a key direction within ‘Thrive – an economically sustainable city’. ‘Thrive’ Objective 6.2 seeks to create for the Blue Mountains “a strong identity that builds on the natural and built heritage”.
1. Background to Period Housing Areas, and Recent Studies Blue Mountains City Council has had an ongoing program of reviewing heritage and character areas since the early 1980s and updating relevant LEPs as required. In 2002, the Residential Character Study by Blue Mountains City Council was carried out to support draft LEP 2005. The study identified areas of housing stock from the Victorian, Edwardian, Federation, and Inter-War periods, and considered these to be contributing to distinctive townscapes that were maintained and largely unchanged over a significant period of time.
These areas were given protection under Council’s Period Housing Area clauses in LEP 2005. The Period Housing Area clauses were part of a wider suite of planning protections in LEP 2005 that sought to protect local established character. The Period Housing controls operated in conjunction with the Living-Conservation zone, which sought to protect “dominant landscape setting, visually significant streetscapes, and garden settings”, and also the town centre precincts that formed Schedule 1 of LEP 2005. The suite of planning provisions in
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LEP 2005 included protections in the form of specific development controls to ensure preservation of heritage buildings, mature landscapes and garden character.
The introduction of LEP 2005 also saw the creation of the existing 19 heritage conservation areas. These areas are diverse; from the commercial town centres of Katoomba and Leura, to small cottage groups, to natural scenic places such as the Jamison Valley and the remote landscape environments of the Mounts.
2014 Period Housing Review Report During the process of preparing the new Standard Instrument LEP, Council commissioned a study to determine whether the conversion of Period Housing Areas to heritage conservation areas was justified. The study assessed the values of the Period Housing Areas in terms of the standard NSW heritage criteria of the NSW Heritage Council. The Period Housing Review Report by Paul Davies and Associates Heritage Consultants in 2014 confirmed that the overall values of the existing Period Housing Areas were ideal for conversion to new heritage conservation areas. A small number of minor existing Period Housing Areas were identified in the study as not meeting the criteria for heritage conservation areas. These were removed from LEP 2015 during the finalisation of that plan.
The 2014 study did not involve an assessment of individual contributions values of each lot. The study made preliminary recommendations for the inclusion of additional areas beyond the Period Housing Area boundaries PHA boundaries to larger new HCAs. The final 2014 report can be found at enclosure 4.
As the conversion work was not completed as part of LEP 2015 due to timing constraints, and the Department instead allowed the carrying over of the Period Housing provisions into Clause 6.18 Period housing of LEP 2015, and provided a ‘sunset clause’, giving Council three years to complete the conversion to HCAs. This clause has an expiry date of 16 February 2019.
2017 Period Housing Review Report In 2017, as part of the ongoing work of the Heritage Review and updating of Council’s heritage inventory, Council commissioned a follow-up study on the values of the Period Housing Areas, to be carried out by the consultants who prepared the 2014 report. This report sought to provide on-the-ground confirmation that any development in the intervening three years had not altered the areas recommended for conversion to heritage conservation areas. It also assessed the contributions values of the individual properties. This work was an extension of the existing report, intended to fulfil current best heritage practice by providing property owners with an explanation of individual property values.
Extensive fieldwork identified the contributory values of each property within the Period Housing Areas recommended for conversion, and reviewed the accuracy of the tentative recommendations for extended boundaries for the proposed new HCAs. This information will inform an amendment to DCP 2015 and will be specific and helpful in understanding values and guiding development. This is consistent with the approach taken by a number of other Sydney councils with large and/or significant heritage conservation areas, including North Sydney, City of Sydney, Woollahra and Ku-ring-gai Councils. Further detail on likely future updates to the DCP is provided below.
The study methodology has drawn on the documentary investigation and research carried out in the earlier report to assess and confirm HCA values, and as such, the 2017 report should be read in conjunction with the 2014 study. Both can be viewed at enclosure 4 and 5. The supporting material attached to the summary report includes proposed HCA boundary mapping, contributions mapping, and draft heritage inventory sheets.
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Importantly, while the study nominates larger, extended areas that meet the criteria to be included in a heritage conservation area (and these are identified with the 2014 and 2017 studies) the immediate requirement is to convert existing Period Housing Areas to Heritage Conservation Areas under LEP 2015. This report and the attached Planning Proposal document this work.
Deferred land to LEP 2015 Certain land is currently excluded from LEP 2015 (the proposed R6 zone) and remains under LEP 2005 for the regulation of development. Amendment 2, which seeks to introduce the new R6 zone, is currently under consideration by the Department and the finalisation for the Amendment remains uncertain.
Significant numbers of properties identified as Period Housing are therefore deferred from LEP 2015. These properties retain their protection under the Period Housing provisions of LEP 2005. These protections will remain until Amendment 2 is resolved.
Therefore, land currently deferred does not form part of the current planning proposal to amend LEP 2015, but will be incorporated into the new heritage conservation areas with the finalisation of Amendment 2.
2. Definition of heritage conservation areas The following explanation is from ‘Conservation Areas – Guidelines for Managing Change in Heritage Conservation Areas’ by the Heritage Office, 1996.
Heritage conservation areas can be precincts, streetscapes, suburbs, landscapes, towns or groups of buildings, recognised as having distinguishing features distinct from their surroundings. These values are rooted in historical values such as subdivision patterns or the way they demonstrate a significant or key historical period of development. Their values are generally a mixture of historical, aesthetic and representative qualities. They may also have urban design and neighbourhood amenity qualities.
Heritage conservation areas are more than a collection of individual heritage items. They are areas in which the historical origins and relationships between the various elements create a sense of place that is worth keeping.
Conservation areas are not museum pieces, but generally functioning parts of urban or rural areas, alive with community activities and therefore in a continual process of change. Statutory protection is required for conservation of these areas, to control demolition and ensure new development fits in with old.
3. The conversion process It is proposed to include seventeen (17) new HCAs to the heritage schedule of LEP 2015 replacing existing Period Housing Areas. These areas largely align with the existing Period Housing Areas, confirming that these areas meet the state standard criteria for heritage conservation areas. Where the study identified that certain lots did not or no longer fulfilled the criteria for inclusion in a heritage conservation area, these lots were generally excluded. The 2014 study foreshadowed these exclusions and these were confirmed in the 2017 fieldwork.
With reference to road reserves, these are generally included in heritage conservation areas depending upon the streetscape values. Various road reserves have been identified as contributing to streetscape and to the character of the proposed heritage conservation areas and are intended to be included in the new HCAs.
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4. LEP 2015 and DCP 2015 heritage conservation area provisions The proposed new heritage conservation areas will come under the heritage provisions of Clause 5.10 Heritage conservation of LEP 2015. The heritage provisions outline the requirements for heritage conservation area management, and are a standard statewide responsibility for all local councils. Heritage management occurs through listing items of significance (including HCAs) in the Council’s LEP, both within the heritage schedule (Schedule 5) and in the accompanying LEP heritage mapping.
Part 2 of Schedule 5 of LEP 2015 contains the list of heritage conservation areas, which are identified on the heritage mapping by red hatched areas and through an individual identifier or local ID unique to the Blue Mountains LGA. The heritage mapping clarifies the lots or areas that are affected.
The heritage conservation provisions of the LEP are supported by guidelines and controls in the Blue Mountains Development Control Plan 2015, which contains existing provisions in Part D1 Heritage.
5. Proposed changes to LEP 2015 The following changes are proposed to LEP 2015:
Written instrument 1. The existing Clause 6.18 Period housing area is to be deleted in accordance with the provisions of the sunset provisions (subclause 7) in that clause. 2. Seventeen (17) new heritage conservation areas are proposed to be added to Schedule 5 Environmental heritage, Part 2 Heritage conservation areas as described below in Table 1. 3. Two (2) existing heritage conservation areas appearing in Schedule 5 Environmental heritage, Part 2 Heritage conservation areas are proposed to be modified (by name) as described below in Table 2.
Name of Heritage Conservation Area Identification on Heritage Map Significance Blackheath Village and Setting Shown in red hatching and marked Local ‘BH212’ Hat Hill Road Shown in red hatching and marked Local ‘BH213’ Blackheath West Shown in red hatching and marked Local ‘BH214’ Lookout Hill Shown in red hatching and marked Local ‘BH215’ Katoomba South Shown in red hatching and marked Local ‘K168’ Crown Village Shown in red hatching and marked Local ‘K169’ Grimley Estate Shown in red hatching and marked Local ‘K170’ Norths Estate Shown in red hatching and marked Local ‘K171’ Leura North Shown in red hatching and marked Local ‘LA105’
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Leura South Shown in red hatching and marked Local ‘LA106’ Village of Brasfort Shown in red hatching and marked Local ‘WF119’ Westbourne Avenue Shown in red hatching and marked Local ‘WF120’ Hays Nature Reserve Link Shown in red hatching and marked Local ‘LN083’ Railway Parade East Shown in red hatching and marked Local ‘H028’ Moorecourt Avenue Shown in red hatching and marked Local ‘SP071’ Macquarie Road West Shown in red hatching and marked Local ‘SP072’ Glenbrook Shown in red hatching and marked Local ‘G061’ Table 1. Proposed new heritage conservation areas
Name of Heritage Conservation Area Identification on Heritage Map Significance Macquarie Road East Shown in red hatching and marked Local ‘SP056’ Railway Parade West Shown in red hatching and marked Local ‘H008’ Table 2. Existing heritage conservation areas to be modified (by name)
Mapping Built Character maps The Built Character maps are proposed to be amended by the deletion of Period Housing proposed to be converted to HCAs (currently shaded in brown fill on the Built Character map).
Heritage Conservation maps The Heritage Conservation maps will be amended by the addition of red boundary polygons with red hatching to the proposed new heritage conservation areas. This mapping convention is the standard mapping for heritage conservation areas and is consistent with the standard requirements of the Department.
Two (2) existing heritage conservation areas are proposed to be modified, by amending the mapping extents for the conservation area.
Name of Heritage Conservation Area Identification on Heritage Map Significance Central Mount Victoria Shown in red hatching and marked Local ‘MV023’ Macquarie Road East Shown in red hatching and marked Local ‘SP056’ Table 3. Existing heritage conservation areas to be modified (by mapping)
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Preliminary LEP map set The above changes have been prepared for ease of reference on one map set (Enclosure 2) that indicates the existing conditions and proposed changes.
The map set is preliminary. The LEP 2015 standard format map tiles, containing the same information, will be submitted with the final submission to the Department,
6. Heritage inventory sheets Draft heritage inventory sheets are provided for each proposed new heritage conservation area (Enclosure 3). Each inventory sheet describes the area, its history, and provides an assessment of heritage values. These values are set out by the NSW Heritage Council within the NSW Office of Environment and Heritage (OEH). This is summarised in a ‘statement of significance’, which provides a summary of values or significance under the seven set criteria. These seven criteria are: historical significance, historic associational significance, social significance, aesthetic significance, technical significance, representative value and rarity value. Condition (integrity and intactness) of an area is also assessed. The inventory sheet information is non-statutory, although it can be used for development assessment, court proceedings, or as a resource for owners and prospective developers.
The inventory sheets for Blue Mountains’ existing heritage conservation areas are available for public viewing on the NSW Office of Environment and Heritage website at http://www.environment.nsw.gov.au/heritageapp/heritagesearch.aspx.
The draft heritage inventory sheets were prepared as part of the 2017 Period Housing Report study. Research gathered and assessment carried out in the 2014 study was used to inform the draft inventory sheets. The fieldwork in the 2017 study confirmed the values and contributed further detail to the assessments of values in the inventory sheets. In some cases, sub-precincts with particular values were identified within proposed broader areas.
The overall values identified in the heritage inventory sheets inform the identification of individual property values as ‘contributing to the values of the area’ (contributory elements), ‘of neutral contribution, neither contributing nor detracting’ (neutral elements), or ‘inconsistent with the values of the area, and uncharacteristic (uncharacteristic elements). This detail is separately mapped (Enclosure 3) and will be explained further in Council’s DCP in order to guide development. Proposed changes required to the DCP are summarised below.
7. Proposed changes to DCP 2015 As mentioned above, Blue Mountains Development Control Plan 2015 (DCP 2015) contains the guidelines and provisions to support the heritage conservation clauses of LEP 2015. These appear in the DCP in Part D Heritage. Part D consists of two parts: Part D1 Heritage and Part D2 Period Housing.
As part of the proposed conversion of existing PHAs to HCAs, the DCP is proposed to be updated. The updated information will include specific detail on individual contributory values to assist development and an understanding of individual values. The updates will incorporate the additional information collected in the 2017 fieldwork.
It is important to note that not all properties, buildings or elements within the boundaries of a conservation area will have contributory values. Particularly where larger areas are established by a boundary some elements within the area may be neutral or inconsistent with the values. By identifying where contributions occur and where they are partially present or not present, the DCP mapping will indicate where there is either development opportunity or where conservation is the more important driver.
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The full detail of the proposed DCP changes will be reported separately to Council. It is intended that these DCP changes will be prepared prior to the statutory exhibition of the proposed LEP changes. The draft DCP updates can then be included in the public exhibition of the draft planning proposal.
8. Comparisons between PHA and HCA - values, development opportunities and submission requirements Values The Period Housing objectives seek to “retain and conserve traditional streetscapes and character of older residential areas incorporating Victorian, Edwardian, Federation, Inter-War or Art Deco building styles that are an important contributor to the town character of the Blue Mountains”. The objectives seek to preserve housing stock from pre-1946 from demolition and ensure that new development complements the traditional streetscape character of the surrounding area.
The scope of values of the new HCAs includes these Period Housing values. The proposed new HCAs demonstrate significant historical subdivision patterns, historical significance, representative architectural values (traditional built forms) and aesthetic qualities, including high quality streetscapes with mature gardens. HCAs provide evidence of the early patterns of settlement and evolution of the villages and towns of the Blue Mountains as a place of retreat, relaxation, recreation and residence.
The protection of traditional built forms, streetscape and character required by the Period Housing Area objectives and controls translates seamlessly into the objectives for protection of those values in Clause 5.10 of LEP 2015, which seeks to “conserve the heritage significance of heritage conservation areas.” The historical and representative significance of the buildings within the existing PHAs is an important part of the overall values required to be conserved by the Standard Instrument heritage provisions. The heritage conservation provisions of LEP 2015 will provide for preservation of elements of significance, and for sympathetic new development.
The new HCAs will continue to work in conjunction with the existing Living-Conservation zones of LEP 2005 (where land is deferred) and the town centre precinct objectives of Part 7 of LEP 2015.
The translation of the Period Housing suite of provisions to the statutory protections for heritage conservation areas under the Standard Instrument and supporting DCP provisions will provide a consistent and seamless protection for the values of the existing Period Housing Areas as new HCAs.
It is noted that since the Period Housing Areas were first identified in 2002 and then afforded protection in 2005, they have retained their generally intact condition. The integrity of the Period Housing Areas has continued to remain remarkably intact due to historically low development pressures in the Mountains. However, we note that in recent years development pressures such as gentrification and increasing property prices are starting to create additional pressure for development and incremental change in Period Housing Areas and town centres generally which may affect the heritage values if not appropriately managed.
Development opportunities Demolition of properties within the new HCAs will require development consent. This is consistent with the original intention of the Period Housing Areas. This will provide ongoing protection for elements of significance to the HCA. Where built elements within a new HCA are considered inconsistent with the heritage values of that area, there will be identified opportunities for new infill development. The proposed identification of individual
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contributions in the planned DCP amendments will allow these opportunities to be identified early and transparently in the development process. The current DCP Part D1.9.8 contains guidelines for infill development in HCAs. This part will be updated to link with the recent work of identification of contributory values.
Controls for HCAs include a focus on the retention of existing original fabric, but also streetscape qualities such as setbacks, gardens and street tree plantings that contribute to the overall character of the area. Consideration of these matters is consistent with considerations required within existing PHAs.
Development standards such as forms, heights, setbacks, subdivision patterns, colour, materials and details can be dealt with under the existing objectives and controls in DCP 2015. Some updates to the DCP will ensure the controls are better tailored to the new HCA characteristics and the individual contributions values.
Minor works The statutory framework for heritage conservation areas is included in various state government State Environmental Planning Policies (SEPPs), including particularly the Exempt and Complying Development Codes (‘the Codes SEPP’).
The Codes SEPP allows many forms of development that comply with the standards in the SEPP to be carried out as exempt or complying development. These exempt works are considered to be of minor impact. The SEPP also allows for such works within heritage conservation areas, although the development standards for these works are often different. For example, exempt works including air-conditioning units, satellites, carports et, ordinarily have standards requiring that the location of these elements be at the rear or not visible. Minor building alterations that are considered exempt under the Codes SEPP cannot be carried out in heritage conservation areas.
The alternate path for such approvals can be the heritage minor works clause 5.10(3) of LEP 2015. This clause allows for the carrying out of minor or maintenance works with development consent. Written notification to the Council is required; the extent of the works is then considered, and a written reply provided to confirm that the works are within the limit of the clause. A Heritage Impact Statement is generally not required. Refer to DCP 2015 Part D1.6.1 for full details.
Submission requirements Submission requirements for development within an existing Period Housing Area include the need for a character statement/analysis. The conversion to heritage conservation areas would require that a heritage impact statement be prepared instead. Heritage impact statements are standard documents, and guidelines for their preparation apply statewide. In this way, the conversion will bring documentary requirements in line with standard practice.
The heritage impact statement provides an understanding of what is significant (through historical investigation and fabric analysis), thus identifying what needs to be retained. This adds transparency to the works proposed as part of an application.
Council is currently preparing a proforma Heritage Impact Statement for simple applications to assist applicants in meeting the submission requirements. The DCP guide to submission requirements will also be updated accordingly.
9. Staging of components of ongoing heritage review The conversion of PHAs to HCAs under LEP 2015 is part of the Heritage Review. Council resolved to continue the Period Housing work in conjunction with the Heritage Review following the exhibition of DLEP 2013 (Minute No. 316 of Extraordinary Council meeting of
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17 July 2014). This division and staging of components was again noted in the 25 October 2016 report to Council on the Heritage Review.
Due to the size, scope and complexity of the Review, the Period Housing component has been considered as a separate component dealing with heritage conservation areas rather than heritage items. Thus Part 1 of Schedule 5 (Heritage items) is being updated concurrently through the Heritage Review process, and Part 2 of Schedule 5 (heritage conservation areas) is being updated through this conversion exercise.
The timing constraints of the sunset clause for the existing Period Housing Areas have required that the conversion of the existing PHAs be prioritised, despite the larger areas recommended in the 2014 and 2017 studies. This is a positive staged approach to the recommendations of the study, ensuring that the existing protections are maintained by the conversion prior to proceeding with any expansion of the areas. This staging is also consistent with the requirement of the Standard Instrument conversion, a straightforward translation of the existing Period Housing Areas.
It is envisaged that the study recommendations to implement extensions to existing areas will form a further planning proposal at a future date. These extensions will be considered as part of a further stage of HCA review which will incorporate other matters relating to existing heritage conservation areas deferred due to timing, information availability and resources.
Community consultation on the planning proposal The attached planning proposal (Enclosure 1) will be submitted to the Department for a Gateway Determination. The Department will advise the minimum period for community consultation via a public exhibition process. Public exhibition is anticipated to occur in the first half of 2018. Information will be made available to the public as follows: 1. Council report of February 2018; 2. Draft planning proposal document; 3. Proposed mapping – preliminary map set of LEP changes; 4. Supporting heritage inventory sheets for new HCAs; 5. Supporting studies: a. Period Housing Review 2014; b. Period Housing Report 2017.
Letters will be sent to all owners of properties nominated for conversion from Period Housing Area to heritage conservation area. This correspondence will contain detail of how further information can be accessed, and contact information for relevant staff.
Access to Information The information package as detailed above will be provided at the following locations: Council’s website (Have Your Say platform); Council offices (Katoomba and Springwood); and Council libraries (Katoomba, Springwood, Blaxland).
Submissions The community will have the opportunity to make submissions via email and the Have Your Say website.
Other communication opportunities will be available with the relevant Council staff to ask questions and discuss concerns, by phone and in person. It is possible that meetings and site visits may occur with Council’s heritage advisor and/or relevant Council staff following initial communication with a property owner or other stakeholder.
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Sustainability Assessment Effects Positive Negative Environmental Advancing the overall protection of items and areas of Nil environmental and cultural heritage by clarifying the significance of Period Housing Areas, and granting statutory protection to new heritage conservation areas. Social The community consultation will provide an opportunity Nil for transparent communication and interaction with the community, and the opportunity to reinforce the importance of heritage as a key element of the identity of the Blue Mountains. This will facilitate an increased awareness of the heritage significance of the Blue Mountains within the community. Economic Clarification of heritage significance and additional Nil detail of contributory values of properties provides greater certainty around development and management of heritage values and provides for more efficient application processes. Governance Finalising the conversion of the Period Housing Areas Nil ensures Council is pursuing the priorities set out in the Community Strategic Plan and expressed within the aims of the LEP, to protect the environmental heritage of the Blue Mountains.
Financial implications for the Council The financial implications of the report recommendations are associated with the preparation of documentation for public exhibition, which necessitates staff resourcing and use of approved operational budgets for 2017-2018, aligned with the outcomes of the 2017-2018 operational plan.
Legal and risk management issues for the Council The conversion of PHAs to HCAs under LEP 2015 seeks to retain legal protections for these important areas. If the conversion were not to occur prior to the 16 February 2019, as stipulated by clause 6.18(7) of LEP 2015, there is a significant risk that piecemeal demolition and adverse and unsympathetic alterations will occur. Such changes over time would diminish the coherence and presentation of the areas, leading to a potentially substantial loss of character deleterious to the heritage charm of many Mountains villages.
There is a risk that some community members may object to perceived changes in the statutory status of their property. Early contact and good communication of the conversion exercise and explanation of issues will reduce owner concerns and offset negative reactions to some degree. Active communication will also address any perceptions that the initiative may unreasonably restrict development.
External consultation Initial contact has been made with the Department of Planning and Environment in regard to Council’s intention to progress the conversion of the Period Housing Areas. Consultation will continue with the Department regarding statutory requirements for public exhibition as part of the Gateway Determination process and finalisation requirements.
Consultation with the Office of Environment and Heritage will occur as part of the public exhibition process.
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Conclusion To ensure protections for areas of character housing are retained in the Blue Mountains, conversion of Period Housing Areas to Heritage Conservation Areas is required by the 16 February 2019 deadline imposed by the Department of Planning and Environment.
This report and enclosures details of the conversion process, and confirms that due to the high quality and intactness of these areas, they in the vast majority, meet the statewide criteria for heritage conservation areas. The conversion process is in line with best practice, and the proposed updates and improvements to the schedule conform to the industry standards for heritage management.
The draft changes to Schedule 2 of LEP 2015 and the accompanying maps, inventory sheets and other supporting material are proposed to be exhibited to the community for comment following receipt of a gateway determination from the Department.
ATTACHMENTS/ENCLOSURES
1 Enclosure 1 - Conversion of Period Housing to Heritage 18/29686 Enclosure Conservation Areas 2 Enclosure 2 - Conversion of Period Housing to Heritage 18/29687 Enclosure Conservation Areas 3 Enclosure 3 - Conversion of Period Housing to Heritage 18/29840 Enclosure Conservation Areas 4 Enclosure 4 - Conversion of Period Housing to Heritage 18/32921 Enclosure Conservation Areas 5 Enclosure 5 - Conversion of Period Housing to Heritage 18/32925 Enclosure Conservation Areas
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ITEM NO: 21
SUBJECT: DEVELOPMENT APPLICATION NO. X/845/2017 FOR A NEW RSL BUILDING ON L 1 DP 1006352, L 1 DP 124212, KATOOMBA RSL CLUB, 70-86 LURLINE STREET, KATOOMBA, 4 MERRIWA STREET, KATOOMBA
FILE NO: F11178 - X/845/2017 - 18/26501
Recommendation:
That Development Application No. X/845/2017 for a new RSL building on L 1 DP 1006352, L 1 DP 124212, being 70-86 Lurline Street, and 4 Merriwa Street, KATOOMBA be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.
Disclosure Disclosure of any political donation and/or gift - No
Report by Director Development & Customer Service:
Reason for report Application has a value in excess of $1,000,000. Applicant Katoomba RSL All Services Club Limited
Owner Katoomba RSL All Services Club Limited
Application lodged 5 September 2017
Property address Katoomba RSL Club, 70-86 Lurline Street, KATOOMBA 4 Merriwa Street, KATOOMBA
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Background The original RSL club building was first established at 70-86 Lurline St in 1923, and has been extended or altered a number of times since then. The building was totally destroyed by fire on 24 February 2017. The adjoining property at 4 Merriwa Street was not part of the original RSL site and, until recently, had accommodated a single dwelling house. This dwelling was recently demolished under a Complying Development Consent approval.
The applicant submitted to Council a Planning Proposal relating to 4 Merriwa St Katoomba on 15 August 2017. The Planning Proposal sought to amend LEP 2015 to allow registered club as an additional permitted use on the site. This would be Amendment 9 to LEP 2015 and was presented to Council on 19 September 2017. At that meeting it was resolved to endorse the draft Planning Proposal and to refer it to the Greater Sydney Commission for a Gateway Determination. The Gateway Determination was subsequently issued by the Department with conditions including consultation with the Community and the Department of Education. The matter was publicly notified for 14 days with 1 submission received. The submission generally supported the proposal but wished to ensure noise would be minimised in any subsequent development. The Department of Education raised no issue with the proposal.
Council then liaised with Parliamentary Counsel Office in relation to the legal drafting of Amendment 9, with it ultimately being notified in the Government Gazette and coming into effect on 19 January 2018.
Site description The subject site is located on the eastern side of Lurline Street and to the north/eastern corner of its intersection with Merriwa Street. The site is located close to Katoomba town centre, but is within a mixed tourist and residential locality. The subject site is two rectangular allotments, with a 137 metre frontage to Lurline Street and a 50 metre frontage to Merriwa Street. The site has a total area of 6084m2, comprised of two lots: the Lurline St allotment (Lot 1 DP1006352), and the Merriwa St allotment (Lot 1 DP124212).
The original RSL club occupied an area on the southern half of the allotment with a car park located to the northern half. The site is currently vacant, following the destruction of the previous club building by fire in 2017. The Merriwa St lot has been cleared and is currently vacant.
The site adjoins Katoomba Public School directly to the east. Opposite the site to the south is a guesthouse, 2 residences and a multi-unit development along Merriwa Street. Opposite the site to the west on Lurline Street are a mix of residential dwellings and units, as well as various tourist and commercial uses.
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Proposal This proposal is to construct a new single storey RSL Club in a similar location to the previous club, and extending into the property at 4 Merriwa Street, Katoomba.
Specific details of the proposal are: Internal configuration to provide reception, lounge areas, bars, restaurant, auditorium / meeting areas, outdoor terraces, amenities, kitchen and administration functions Retain and reconfigure existing carpark area with 84 onsite car spaces. Alignment of the patron entrance to allow direct access from the onsite car park. Provide a new all-weather covered entry and drop off area with an accessible pathway from the car park. Undercover loading dock with relocated access from Merriwa St. Retain and relocate eternal flame memorial, potted Lone Pine tree and cannon, to integrate with landscaped elements. Landscape to central planters and along boundary of car park area. Business identification signage – entrance transom, above porte cochere, and façade (beneath glazing) to Lurline/Merriwa St intersection. The entrance transom is internally illuminated, all other signage will be externally illuminated. The proposed operating hours 10am to 11pm Sunday to Thursday; and 10am to 12:30am Friday and Saturday.
Supporting The application is supported by: documentation Architectural plans including floor layout, elevations, sections, site plan, licenced areas, signage Smoke Assessment Traffic Impact Assessment and additional Traffic Assessment Street corner perspective External sample board Sediment control plan Landscape plan Stormwater detail Statement of environmental effects (SEE) Acoustic report Waste management plan
Environmental 70-86 Lurline Street, Katoomba Planning Instruments & Policy Blue Mountains Local Environmental Plan 2005 (LEP 2005) Zone Village Tourist Precinct control VT – KA02 (Lurline Street North)
Better Living Development Control Plan (BLDCP)
SEPP Sydney Drinking Water Catchment
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Sydney Regional Environmental Plan No 20: Hawkesbury Nepean River
4 Merriwa Street, Katoomba
Blue Mountains Local Environmental Plan 2015 (LEP 2015) Zone: R2 Low Density Residential Amendment 9 – Additional use – Registered Club
Blue Mountains Development Control Plan 2015 (BMDCP)
SEPP Sydney Drinking Water Catchment Sydney Regional Environmental Plan No 20: Hawkesbury Nepean River
Notification Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.
The application was advertised for a period of 14 days between 20 September 2017 and 4 October 2017. This included a notice in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties, and Department of Education (Katoomba Public School).
Three (3) submissions were received as a result of this notification process, including 1 submission on behalf of 5 different residents.
The Department of Education did not object to the proposed development.
Evaluation The application has been assessed in accordance with Section 79C (Evaluation) of the Environmental Planning and Assessment Act 1979 (“the Act”). A commentary on the assessment of the development against the Section 79C evaluation matters has been detailed in this report for the Council’s consideration.
1.0 Section 79C(1)(a)(i) Environmental Planning Instruments 1.1 Existing Use Provisions The Lurline St allotment within the development site is zoned Village Tourist under Local Environmental Plan 2005. The proposed development would be defined as a Club, which is a prohibited use under the provisions of clause 32 of LEP 2005. The Lurline St lot relies on the Existing Use provisions under the Environmental Planning and Assessment Act 1979 (the Act). The Merriwa St allotment within the development site is zoned R2 Low Density Residential under Local Environmental Plan 2015, with a Registered Club permissible as an additional permitted use (following gazettal of Amendment 9 to LEP 2015). Refer to the 1.4 Local Environmental Plan 2015 section of this report for an assessment against the relevant provisions of LEP 2015.
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The Existing Use provisions are found under Part 4, Division 10, Sections 106-109B of the Act and Part 5, Clauses 39 – 46 of the Environmental Planning and Assessment Regulations 2000 (the Regulations). Clause 106 of the Act provides the definition of Existing Use, as follows: a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use; and b) the use of a building, work or land: (i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use; and (ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse. In terms of the proposed application the three primary Existing Use considerations are as follows: whether the use was for a lawful purpose prior to LEP 2005; whether it has been carried out such that the consent has not been abandoned (ceased use for more than 12 months); and whether the provisions can be relied on to bestow permissibility on the proposed development.
1.1.1 Lawful purpose & Continuity of use The RSL Club is stated to have existed on the site since 1923, with Council records for the RSL club dating back to the early 1960s. There have been numerous alterations over this time with more recent development consents being: April 2007, additions including a new dining room, kitchen, auditorium and administration areas; September 2008, additions for an outdoor lounge (smoking area); January 2013, additions including a new entrance and louvers.
Ultimately the original building was totally destroyed by fire on 24 February 2017, which is less than 12 months prior to the lodgement of this application. In any case, the owner has been actively pursuing redevelopment of the site since it being destroyed by fire. It is considered that the use is for a lawful purpose and that it had legally commenced. Additionally, the use has continued to operate such that the consent has not lapsed or been abandoned. 1.1.2 Permissibility Section 107(1) of the Act states that nothing in the Act prevents the continuance of an existing use, with Clause 41(1) of the Regulations stating that an existing use may be: a) enlarged, expanded or intensified; or b) altered or extended; or c) rebuilt; or d) change to another permissible/exempt use, or e) convert commercial use to commercial use, or f) convert light industrial use to light industrial use.
The existing use is categorised as a Club and the proposed development remains the same land use type. It is considered appropriate to assess the application under clause 41(1)(c) of the Regulations and that the application can appropriately rely on these provisions for permissibility. - 137 - USING LAND Item 21, Ordinary Meeting, 27.02.18
1.1.3 Planning Principles As the development is for a lawful use and can legally be approved, it is necessary to undertake a merit assessment. Section 108(3) of the Act states that the LEP may contain provisions that supplement the Existing Use provisions, however, any provision that would derogate from the Existing Use provisions have no weight. This is often taken to relate to provisions such as building height, floor space ratio, site coverage and the like. The implications are that the usual development standards within an LEP are not available for assessment of a development application.
However, the Land and Environment Court (LEC) has provided ‘planning principles’ that have been developed or refined as various matters have been heard by the Courts. These ‘planning principles’ are stated as providing the following when making a planning decision: a statement of desirable outcomes; and a chain of reasoning for assessment; or a list of appropriate matters to be considered.
Whilst the ‘planning principles’ are not legally binding, they have been developed by the LEC to promote consistency and to reflect existing Court considerations when dealing with particular planning matters. The ‘planning principles’ include one providing appropriate considerations when undertaking a merit assessment of any proposed development that relies on Existing Use provisions. These principles result from a judgement by former Senior Commissioner Roseth in Fodor Investments v Hornsby Shire Council [2005].
The judgement identified four questions that would arise in the assessment of Existing Use development, namely: 1. How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites? 2. What is the relevance of the building in which the existing use takes place? 3. What are the impacts on adjoining land? 4. What is the internal amenity?
The judgement also provided a short commentary on each principle to assist in understanding its aim. This commentary has been provided at the beginning of each of the following points. It is important to note that consideration of the ‘planning principles’ is not to be used as a de facto method of applying development standards that would otherwise be prohibited by virtue of Section 108(3) of the Act, as stated above.
Principle 1 (Proposed Scale) The judgement states that “While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment”.
The original development was approximately 3.9m high at its highest point (Lurline/Merriwa St intersection, whilst the current building is approximately 9.8m high. It is noted that maximum building height for the site under the relevant Precinct Control (VT-KA02) is 8m. The subject site is contained within an area that is characterised by mixed residential and tourist uses. It is noted that the nearest adjoining building, being Hotel Blue (south) and The Clarendon (north), are both of greater height than the proposed development.
Refer to the section 6.1 Natural and Built Environment of this report for further discussion of height and scale as they relate to the surrounding streetscape. The proposed development is considered broadly consistent with the scale of existing and future development in the surrounding area.
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Principle 2 (Existing Building) The judgement states that “Where the change of use is proposed within an existing building, the bulk and scale of that building are likely to be deemed acceptable, even if the building is out of scale with its surroundings, because it already exists. However, where the existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision”.
The external form of the new Club building acts as a ‘keystone’ element linking with the development directly south and north along Lurline St. The external facades provide a well- proportioned building that improves street activation and is sympathetic with the character of the immediate context. The proportions and placement of window and door openings, terraces, masonry and facade details, appropriately articulates the building and compliments the overall character of the surrounding streetscape.
Refer to the 6.1 Natural and Built Environment section of this report for further discussion of design and character.
Principle 3 (Adjoining Land) The judgement states that “The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable”.
The proposed building is located well within the site boundaries and positioned similarly to the original development. The site does not adjoin any residential land with all overshadowing and bulk occurring to the street.
There will be minimal visual impact on adjoining land due to the location of the new building to the southern half of the site.
Principle 4 (Internal Amenity) The judgement states that “Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally”.
The proposed development provide adequate internal amenity which primarily relate to access, function and suitability of the development.
1.2 Local Environmental Plan 2005 [LEP2005] & Draft Local Environment Plan 2013 [DLEP2013] Whilst the application requires a merit assessment under the Existing Use provisions, the following table provides a comparison of the proposed development against the relevant provisions under LEP 2005, as well as against the provisions of Draft LEP 2013 with discussion provided accordingly. This assessment reflects the Lurline St portion of the development, with the Merriwa St portion assessed under the 1.4 Local Environmental Plan 2015 section of this report.
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Where a draft clause is equivalent to a clause under LEP 2005, the clauses are listed together and a single assessment undertaken. Clauses within DLEP 2013 which represent new policy are listed at the end of the table. Only those relevant to the proposed development have been addressed.
Clause Provision Proposed Compliance 12 Principal LEP2005: Yes objectives of The proposed development is consistent LEP with the Principal objectives of the LEP, notably, (b) To meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms that respond to the principles of ecologically sustainable development. (f) To prescribe limits to urban development having regard to the potential impacts of development on the natural environment and the provision, capacity and management of infrastructure. and (k) To provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values. DLEP2013 DLEP2013: 1.2 As above 20 Objectives of LEP2005: Yes the zone The proposed development is consistent with the objectives of the Village Tourist zone, notably: (c) To ensure that development contributes to a strengthening of the landscape character and visual setting along significant tourist routes. and (e) To ensure that the building form and design of non-residential land uses do not unreasonably detract from the amenity of adjoining or adjacent residents or the existing quality of the environment by its scale, height, bulk or operation.
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Clause Provision Proposed Compliance 48 Protected Area There is a marginal increase in existing Yes – Water hardstand area as the proposed Supply development extends north over 4 Catchment Merriwa St. A stormwater report was submitted with the application including an assessment of quality and quantity. The report found that the Onsite detention (OSD) system would ensure that post development discharge does not exceed predevelopment rates. It also found that the treatment plan would satisfy the Neutral or Beneficial Effect (NorBE) requirements with a minimum reduction in identified pollutants of 10 per cent. 55 Weed A satisfactory Landscape Plan was Yes management submitted for assessment with the main area of landscaping being around the perimeter of the car park. Landscaping will be subject to approved plans and conditions of consent which will facilitate the management of any weeds. 56 Site LEP2005: Yes disturbance & A sedimentation and erosion control plan erosion control was submitted with the application to adequately ensure that any off-site impacts are controlled during the construction phase. DLEP2013 DLEP2013: 6.14 As above 57 Stormwater LEP2005: Yes management Marginal increase in stormwater capacity with improved stormwater treatment including OSD and a treatment plan. This achieves the requirement of ensuring post development capacity does not exceed pre development rates. DLEP2013 DLEP2013: 6.9 As above 58 Modification of LEP2005: Yes land form The proposed development includes a substantial amount of fill particularly to the sites south/eastern portion. This is required to achieve good accessibility through the building and across the site. All areas of fill are well contained within the footprint of the proposed building. A condition of consent has been included to require that all fill be confirmed as clean, virgin soil.
DLEP2013 DLEP2013: 6.14 As above
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Clause Provision Proposed Compliance 60 Consideration LEP2005: Yes of character The site is within Katoomba Precinct VT- and landscape KA02-Lurline Street North Precinct under the LEP with streetscape character being a critical consideration. The proposed development is a contemporary building. However architectural elements in including the repeated vertical openings along both street frontages, reference commercial development in the locality, including Hotel Blue to the south, and the Clarendon to the north. These glazed elements also improve activation and views into the building, rather than blank walls as with the previous building on the site. The referencing of these elements and the strong corner feature at the Lurline/Merriwa street intersection, result in a building that is considered to be of an appropriate scale and character for the precinct. Refer to section 6.1 Natural and Built Environment of this report for further discussion. Additional and improved planter landscaping is being provided around the car park. This will allow for a softening of the car park when viewed from Lurline St. Planting is also provided at the mid-point of the Lurline St elevation and within the corner element of the building along Lurline St. The ongoing maintenance of these landscaped areas will be crucial to ensure these important streetscape elements are not lost or degraded over time. Specific conditions of consent will be included to ensure these areas are appropriately prepared and managed to achieve this requirement. DLEP2013 DLEP2013: 6.18, 6.21 As above 76 Development LEP2005: Yes in the curtilage The proposed development site is not a of a heritage heritage item or within a heritage item or in a conservation area. The prominent heritage buildings immediately north and south of conservation the site are not heritage items. area There are a number of heritage items are in vicinity of the site, along the western side of Lurline St. These items consist of a group of residential flat buildings and a former service station as well as an adjoining dwelling fronting Waratah St.
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Clause Provision Proposed Compliance The scale of the development is consistent with the prominent buildings adjoining the site and does not significantly alter the visual curtilage or setting of these heritage items. The development will not overshadow or cause any physical impact on these items. The SEE states that...The design and appearance of the proposed new Club building has been to present a fine single storey building on this dominant corner site, which complements the heritage characteristics of Lurline, Merriwa and Waratah Streets and this part of Katoomba. It is considered that the development does not adversely impact on the heritage significance or visual setting of these items or area.
DLEP2013 DLEP2013: 5.10 As above 87 Crime The proposed development reflects good Yes minimisation crime minimisation principles. The main assessment entrance is directly accessed from the new car park as well as from the adjoining pedestrian footpath. The area is well illuminated with clear sight lines from within the Club foyer as well as between each element. The development allows natural surveillance to occur over clear and visible paths of travel between and along expected desire lines. The new porte cochere and main entrance clearly delineates ownership and responsibility for these spaces. 94 General The site has the provision of relevant Yes provision of services including drainage, electricity, services water, and wastewater. An existing substation is located to the North of the access driveway. This is expected to remain in this location with potential landscaping to soften its appearance. It will be required as a condition of consent that early contact is made with each service provider to ensure adequate capacity and requirements. DLEP2013 DLEP2013: 6.24 As above 98 Access to land The existing access road is adequate and Yes from a public will be retained. The entrance will cater
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Clause Provision Proposed Compliance road for all vehicles accessing the site to be able to enter and exit in a forward direction. The original RSL building resulted in many vehicles, particularly taxis and the community bus needing to drop patrons on the side of Lurline St. This drop off / pick up area has been relocated into the car park, at the main building entrance. 99 Car parking The proposed development includes 84 Yes provision onsite car parking spaces including 2 spaces for people with a disability. The better living DCP requires 1 space per 5m2 of public/licensed area, plus 2 spaces per 3 employees on duty at any one time. A Traffic Impact Assessment was submitted with the application which calculated the licenced area at 391m2 and 8 staff at any one time. The proposed car park numbers comply with this requirement. The original RSL building provided 89 car parking spaces modified to allow up to 3 coaches onsite during lunch periods. To achieve compliance with the relevant Australian Standard as well as to provide for a central entrance and drop off/pick up area, the current proposal includes five (5) less parking spaces than the previous development. It is noted that the Traffic Impact Assessment states that a maximum of 3 tourist buses will continue to use the car park between 10am and 3pm which will involve the conversion of 36 car spaces to bus bay areas. This provides lunch patrons to the restaurant area during off peak periods. The RSL also runs a community transport bus which is used to ferry members to and from the club, which effectively reduces the onsite car park demand.
In assessing all the relevant factors the Traffic Impact Assessment concluded that the proposed development is supportable on traffic planning grounds and will operate satisfactorily. The limitation for use of the coaches will be included in the conditions of consent.
100 Design for car All vehicles accessing the car park are Yes parking able to enter the site in a forward
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Clause Provision Proposed Compliance direction, manoeuvre into/out of onsite parking spaces and exit the site in a forward direction. 101 Loading and The DCP states that appropriate and safe Yes unloading onsite parking is to be provided for facilities delivery vehicles, including the ability to enter and exit the site in a forward direction. The proposed development includes a loading dock to its south eastern corner with access from Merriwa St. This is similar to the loading arrangement for the original RSL club. The applicant was requested during the assessment process to amend the design such that delivery vehicles could leave in a forward direction. However, the applicant response was that to achieve this, a significant portion of the site would need to be utilised for onsite manoeuvring, and some car parking would likely be lost. The applicant also submitted a Traffic Impact Assessment which found that a relocation of the existing car park configuration is likely to result in vehicular and pedestrian conflict.
On balance, it is considered that with appropriate management, the loading/delivery arrangements are appropriate and not a point upon which the application could be refused. The proposed loading bay will be limited to a maximum 8.8m Medium Rigid Vehicle, with these vehicles reversing into the loading bay from Merriwa St. Movements will be minimised as food and beverage deliveries will be consolidated. Additionally, Merriwa St is a local road with generally low traffic volumes, and has sufficient sight lines. Deliveries could also be scheduled outside of morning and afternoon pick-up and drop-off periods for the adjacent Katoomba Public School.
107 Access to The proposed development will provide Yes public good public access including for people buildings and with a disability with suitable paths of public land travel from the accessible car space, into the Club and to all relevant facilities.
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Schedule 1 - Precinct control VT – KA02 (Lurline Street North)
Clause Provision Proposed Compliance 2 Desired LEP2005: Yes future Precinct objectives character The proposed development is considered to reflect the higher density built form and tourist land uses within this area, and contributes to the connection between the Katoomba Town Centre and Echo Point. The architectural detailing reflects forms and finishes present in the buildings in and around this section of Lurline St Refer to the 6.1 Natural and Built Environment section of this report for further discussion. 3 Building LEP2005: No
envelope Building height Maximum building height 8m, eaves of 6.5 metres. Proposed height 9.8m. Refer to the 1.3 Proposed Building Height section of this report for further assessment. Building setback Yes Front setbacks shall be consistent with setbacks of adjoining properties. The proposed development has a building setback of 0m, which continues the setback established by the original RSL building. The setback of the adjoining buildings in Lurline St is The Clarendon which has minimum setback of 0m. It is noted that The Hotel Blue to the south also has a minimum of 0m. There is no established setback on the adjoining property to the east (Katoomba Public School) as there is 2 vacant blocks between the proposed development and the School building. It is noted that the original RSL building also had an established 0m setback to Merriwa St. Site coverage Yes Maximum site coverage 50 per cent. Proposed building footprint is 2411m2, which is 43.8 per cent Development density Yes Maximum floor space ratio 0.8:1, proposed floor space ratio = 0.43:1 4 Design (1) The proposed development does not Yes considerations impact on view sharing principles from adjoining properties and the site
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Schedule 1 - Precinct control VT – KA02 (Lurline Street North)
Clause Provision Proposed Compliance is not within the visual catchment of any significant feature. (2) The application considered basement car parking, which was discounted as being problematic and expensive. Concern is also raised that the opening for such a feature would be contrary to the character objectives for this Precinct. (3) The site does not have strong opportunities for through-site pedestrian links as it is a corner block otherwise connected to an adjoining Public School. (4) The proposed development provides good active street frontages with the use of glazed areas arranged along the both street frontages. (5) It is considered that the proposed development does incorporate a form and finish complementary to the period and architectural character of adjoining buildings. Refer to the 6.1 Natural and Built Environment section of this report for further discussion. (6) All visible walls are well articulated with glazed areas, varying finished materials and projecting elements. The wall to the adjoining Public School is left relatively unarticulated to avoid the potential for unauthorised climbing but the wall does include a wire lattice for the School to grow climbers on in conjunction with its school activities. (7) Concern is raised that the advertising signage is not appropriate in terms of the surrounding character. The proposal originally located 2 signs along the roof of the building, above the porte cochere and above the Lurline/Merriwa St corner element. The plans were amended to relocate the advertising sign to the Lurline/Merriwa St corner to be on the façade and below its glazed area. This significantly reduced this area of concern. Refer to the 1.6.3 State Environmental Planning Policy 64 – Advertising and Signage section of
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Schedule 1 - Precinct control VT – KA02 (Lurline Street North)
Clause Provision Proposed Compliance this report for further discussion.
DLEP2013 DLEP2013: 7.1 -7.15 As above
1.3 Proposed Building Height It was noted under section 1.2 of this Report that the Lurline St portion of the development required a merit assessment under the Existing Use provisions and as such development standards, including building height, do not apply. However, it remains important to include justification of the proposed building height which will at certain points exceed the height limit in place for the site and surrounding area.
Consideration of Building Height The LEP Precinct that the development site is within includes the following overall objectives:
(a) To encourage a range of land uses that reinforce this location’s historical association with tourist related activities. (b) To maintain the existing scale of built form that is predominant in this location. (c) To promote development that is sympathetic to the historical buildings within this precinct. (d) To promote pedestrian related uses on street frontages that reinforce the tourist walk linkage between Katoomba Town Centre and Echo Point.
In relation to these objectives building height can be seen to directly relate to the existing scale of development in the location and being sympathetic to nearby historic buildings. The applicant’s submission notes that the proposed building height should be support as follows: The existing topography of the site, footpath and streets fall steeply to the corner of Lurline and Merriwa Streets Refer to the survey drawing for levels and from a visual inspection of the site. The parapet height of the new club building will be below the height of the doubIe storey Hotel Blue on the opposite corner. The corner element to the new building will form a complementary, 'book end' architectural element with the Hotel Blue. Given the topography of the surrounding area with the land rising steeply to the east and west. The corner of the new building sits within a hollow. The Katoomba Public School to the east and the residential to the west in Lurline Street are higher than the parapet datum of the proposed new comer. The design of the raised roof to the corner provides and ‘iconic’ building element to this important and prominent corner and compliments the street frontages to Lurline and Merriwa Streets. The proposed new Club is single storey with the majority of the new building below the 8 metre height limit. The height limit is only slightly exceeded in a limited located at the comer of Lurline and Merriwa Streets. The parapet height at the comer is at the same datum as the porte cochere entry and raised roof element to the north and centre of the proposed Club building, There is a consistency of height. The overall scale and and architectural treatment of the proposed new Club is in keeping with the existing buildings and neighborhood.
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Conclusion Building Height The site is within a Precinct area under the LEP with streetscape character being a critical consideration, as demonstrated in the precinct objectives noted above. The development reflects and is sympathetic to the height of the adjoining prominent buildings being the Hotel Blue and The Clarendon. These have a maximum height of 12.7m and 13.3m respectively. The design approach and particularly the corner feature is a contemporary reflection of the scale approach used in both these buildings. The main streetscape view along the eastern side of this section of Lurline St is formed by these two prominent buildings with the proposed development needing to combine with this visual vista. The proposed design has effectively taken the Art Deco design elements of the adjoining building and interpreted them into a contemporary building.
Refer to the 6.1 Natural and Built Environment section of this report for further discussion of these design elements.
It is considered the scale and design of the proposed development has responded appropriately to the adjoining streetscape and that there is sufficient planning ground to support the proposed building height.
1.4 Local Environmental Plan 2015 An assessment has been undertaken of the development against all the relevant provisions of LEP 2015, with the following table providing discussion on any provision that is different to any similar provisions in LEP 2005. This assessment reflects the Merriwa St portion of the development.
Clause Standard Proposed Complianc e Land Use Permissibility The proposed use is categorised as a Yes Table registered Club, which is defined as a club that holds a club licence under the Liquor Act 2007.
A registered club is permissible with development consent in the R2 Low Density Residential zone, under the provisions of amendment 9 to the LEP. Zone The proposed development is not Yes objectives considered inconsistent with the zone objectives notably To allow a range of non-residential land uses that are consistent with the predominant scale and height of adjoining buildings and do not unreasonably detract from the amenity of adjacent residents. 4.3 Height of Maximum height of building = 8m, Yes buildings proposed maximum height = 5.9m (HOB Map) 4.4 Floor space Maximum floor space ratio = 0.35:1, No ratio The submitted SEE identifies that the (FSR Map) proposed FSR = 0.35:1. However, it is considered that the actual FSR would be = 0.78:1
The SEE calculated the gross floor area with the outdoor gaming terrace being
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Clause Standard Proposed Complianc e excluded from the calculated area.
Gross floor area is defined as the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, … but excludes: (i) terraces and balconies with outer walls less than 1.4 metres high, and…
The applicant has argued that as the terrace did not attach to the outer wall, it therefore did not have an outer wall and therefore should be excluded. While there may be merit to this approach, it is also considered that despite not being directly connected to the outer wall, the proposed 1.4m high wall does fully enclose the terrace area, and therefore could be considered as gross floor area. For the avoidance of doubt, the applicant submitted a request to vary this standard under cl 4.6 of the LEP.
Refer to the 1.5 Exceptions to Development Standards section of this report for further discussion.
5.10.8 Aboriginal A search of the Office of Environment and Yes places of heritage’s web service showed the no heritage aboriginal sites or places are recorded or significance declared within 50 m of the land. This search included both the Lurline and Merriwa St properties.
1.5 Exceptions to Development Standards. The application seeks to vary a development standard of LEP 2015 which applies to the Merriwa Street portion of the development under the provisions of cl.4.6.
Development standard objected to Clause 4.4 Floor Space Ratio – This clause is not one of the exclusions identified under clause 4.6(6) or 4.6(8) and can therefore be varied.
Nature and extent of non-compliance with the standard The extent of the variation is 0.43:1.
Objectives of the standard The objectives of the floor space ratio clause is to: (a) to ensure that development is compatible with the bulk, scale and character of existing and future surrounding development,
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(b) to provide for a built form that is compatible with the role of the town and major centres.
Whether compliance with the standard is unreasonable or unnecessary The applicant provided the following points to support variation of the floor space ratio standard. The existing site area of 70-86 Lurline Street is 5,518 sq metres while the site area of 4 Merriwa Street is 581.70 sq. metres, giving a combined total site area of 6.099.70 sq metres. The gross floor area of the proposed new Club building including the outdoor gaming terrace but less area of the loading dock will be 2,728 sq. metres. The Ioading dock of 171 sq. metres being except from the floor space ratio calculation. Refer to attached plan. The floor space ratio of the proposed new Club building on the combined site of 70-86 Lurline Street and 4 Merriwa Street will be FSR 0.45:1. The floor space ratio of FSR 0.45.1 will be less than the permissible floor space ratio for the original Katoomba RSL Club site, 70-86 Lurline Street, Katoomba. The allotments at 70-86 Lurline Street and 4 Merriwa St Katoomba are to be consolidated into one allotment as part of development application DA no. 845/2017.
Whether there are sufficient environmental planning grounds to justify contravention of the standard This site forms the outer edge of the 0.35:1 floor space ratio with the adjoining site, along Lurline St, having an FSR of 0.8:1. The development area is part of the Registered Club development, which is a permissible use on site. The development is well under the required maximum height and visually reads as part of the bulk, scale and character of the overall RSL building. The site is not a large site nor within the centre of the residential area and effectively forms the transition area between the residential and commercial/tourist areas in Lurline St. It is also noted that the site is adjacent to the school grounds which is set back approximately 36m from the common boundary.
To understand how the proposed RSL building would compare if both sites were developed separately to the maximum FSR possible the following is noted.
Lurline St site area = 5503m2, Maximum FSR = 0.8:1, therefore potential gross floor area = 4402m2 Merriwa St site area = 581m2, Maximum FSR = 0.35:1, therefore potential gross floor area = 203m2
Maximum combined gross floor area = 4605m2, proposed combined gross floor area 2868m2
Other considerations in deciding whether concurrence should be granted (in accordance with subclause (5)): Non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning.
There is not considered to be a significant public benefit in maintaining the planning controls adopted by the environmental planning instrument.
Whether the objectives of cl. 4.6(1) are met The objectives of clause 4.6 are to: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. - 151 - USING LAND Item 21, Ordinary Meeting, 27.02.18
Approval of the proposed variation is not considered to be contrary to the objectives of this clause and could be appropriately supported.
1.6 Other State Environmental Planning Policy 1.6.1 State Environmental Planning Policy (Sydney Drinking Water Catchments) 2011 State Environmental Planning Policy (Sydney Drinking Water Catchments) 2011 (the SEPP) applies to the development site. The SEPP requires Council to be satisfied that a proposed development located within the Sydney drinking water catchment will have a neutral or beneficial effect on water quality otherwise consent must not be granted.
Water NSW has issued its concurrence for the development and the concurrence forms part of the development consent.
1.6.2 Sydney Regional Environmental Plan No. 20: Hawkesbury Nepean River The land is located in the Coxs River sub-catchment. The development has been assessed against the planning considerations as set out in Clause 5 and 6 of SREP 20 and considered acceptable. The proposal has been designed to comply with the general planning considerations and the specific planning policies and related recommended strategies which are applicable to the proposed development, including water quality, water quantity and urban development.
1.6.3 State Environmental Planning Policy No. 64 – Advertising and Signage The original proposed development include 3 x business identification signs, one located over the porte cochere, one over the corner element at the intersection of Lurline and Merriwa Sts, and one of the entrance doors. The signs spell out “KATOOMBA RSL” in free standing stainless steel lettering. The preferred sign font is Century Gothic with the letter size as follows: 1. porte cochere 780mm high with up lighting, 2. corner element 780mm high with up lighting 3. entrance doors 500mm and internally lit.
Concern was raise in relation to the sign over the corner element, particularly in relation to its contributing to a non-compliant height outcome. The applicant amended the proposal to relocate the corner element sign to the building’s façade, below the glazed area.
Part 2 Signage generally The signage must be consistent with the objectives of this policy under clause 3(1)(a) and meet the assessment criteria in Schedule 1.
Clause 3 Aims, objectives etc Subclause (1) aims to ensure that signage: (i) is compatible with the desired amenity and visual character of an area, and
Comment: Concern was raised that the original proposed signage was not compatible with the visual character of the surrounding area. The location of the amended signs are considered more compatible with the general location of signage on surrounding commercial business within the adjoining streetscape.
(ii) provides effective communication in suitable locations, and
Comment: The positioning and type of the original signs are not considered to provide effective communication and are not in a suitable location.
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The concern with effective communication was that the top of the corner element was not clearly visible given the adjoining position of the Hotel Blue until near the proposed building and the limited visual catchment when approaching from south along Lurline St, but by this time they are not easily visible due to their height above the ground level. The proposed amendment has moved the corner element sign to a more suitable location and results in the group of signs being more sympathetic and consistent with the general location of signage on the adjoining commercial businesses. This also removed the issue that when the sign was located over the corner element that it exceeded the maximum height limit.
(iii) is of high quality design and finish, and
Comment: The signage is generally considered to be of a high design quality and finish.
Schedule 1 Assessment criteria 1. Character of the area In the context of the surrounding area the original proposed signage was considered out of character. The amended location is more consistent with that existing on the adjoining buildings, and as such it is considered to help integrate the proposed building with the overall street character.
The building benefits from being located between Hotel Blue and the Clarendon, as these set a strong and unique form in this location. Apart from these, there are no other substantial form of advertising in the locality.
2. Special areas The development is located adjacent to a number of heritage items which consists of a mix of commercial and residential uses. No above roof signage is evident or visible in the surrounding area and as such the original proposed was considered odds with the visual quality of the area. This has been mitigated by the amended proposal.
3. Views and vistas The signs are not located such or of a large enough size to compromise or obscure views.
The signs are not located or of such size to dominate the skyline or reduce vistas, and will not compromise the viewing rights of other advertisers.
4. Streetscape, setting or landscape The scale, proportion and form of the proposed signage is not objected to but the signage is considered incompatible with the characteristics of signage on buildings in the surrounding streetscape and that would normally be supported in the nearby Katoomba Town Centre.
The proposed signage is not considered to complement the surrounding streetscape in that it is a form of signage not typically present in that locality.
5. Site and building As noted, the proposed signage is considered out of character with the surrounding area and not typical of other signage in the vicinity.
6. Associated devices and logos with advertisements and advertising structures Some concern is raised regarding that the actual method of attaching the signage details, which would need to avoid supports or the like that are visible from the surrounding public space. This is required as a condition of consent
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7. Illumination Use of internal illumination is limited to the entrance area with all other signs up-lit. All illumination will be controlled by a condition of consent, to cease illumination outside of the approved hours of operation.
8. Safety The proposed signage is not expected to impact on pedestrian or vehicular safety.
2.0 Section 79C(1)(a)(ii) Proposed Instruments The Lurline St portion of the development has been deferred from Local Environmental Plan 2015 and as such will be assessed under Local Environmental Plan 2005 as well as consideration of Draft Local Environmental Plan 2013.
Refer to the 1.2 Local Environmental Plan 2005 & Draft Local Environmental Plan 2013 section of this report for this assessment. There is no draft environmental planning instrument that applies to the Merriwa St portion of the site.
3.0 Section 79C(1)(a)(iii) Development Control Plans 3.1 Better Living Development Control Plan The proposed development has been assessed against all the relevant provisions of the Better Living Development Control Plan (BLDCP), as it relates to the Lurline St portion of the development, with significant points of consideration not discussed under LEP 2005, being identified and discussed in the table below.
Clause Standard Proposed Complianc e D9.10 Amenity A lighting concept plan was submitted Yes with the application which includes 6m pole lights to the eastern and northern border of the car park, bollard lighting along the pedestrian path from Lurline St and down lights around the entrance. This will provide appropriate light for security but it will be required as a condition of consent that the lighting does not cause obtrusive light spill or night glare when viewed from adjoining properties and that all but security lighting is extinguished after hours. Acoustic treatments have been incorporated to minimise disturbance to adjoining dwellings or tourist buildings. Refer to the 6.2.1 Noise Attenuation section of this report for further discussion D9.12 Accessibility Access to and within all areas or facilities Yes of the development is achieved for any individual, accompanying persons or groups in accordance with AS1428 – Design for Access and Mobility. This will be required as a condition of consent.
3.2 Blue Mountains Development Control Plan 2015 The proposed development has been assessed against all the relevant provisions of the Blue Mountains Development Control Plan (DCP 2015), as it relates to the Merriwa St portion of
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the site, with significant points of consideration not discussed or varying from the provisions under LEP 2005, LEP 2015 or BLDCP, being identified and discussed in the table below.
Matters to be considered Consideration B2 Building envelope Maximum width 80 per cent, proposed width 100 per cent. This could be achieved by setting the proposed building back 2m from the eastern (side) boundary. It is noted that the requirement relates to the residential zone and is intended to allow good visual breaks between dwellings for landscaping or similar. Enforcing the 80 per cent limit would not effectively alter the scale or how the building reads visually. It would also create an isolated area along the side of the RSL building. Front setback within 20% of adjoining allotments. The adjoin allotment to the west is the RSL building which has a 0m setback, whilst the adjoining allotment to the east is vacant. It is noted this allotment is part of the School grounds but the school building is set 36m further to the east and on a separate allotment. The school setback is 15m. The proposed setback of 0m is supported and logical given the specifics of the site and the form of the development. Maximum site cover is 232m2, proposed site cover is 581m2. Minimum pervious area 40 per cent, proposed pervious area 0 per cent. This could only be achieved by reducing the footprint substantially. The objective for this provision is to limit the extent of development and ensure the retention of pervious area to aide stormwater management. It is noted that the development is part of a complex stormwater system across both development sites. Enforcing the site cover or pervious limits would not result in an effective or practical outcome given the nature of the proposed development. C3 Landscaping Minimum deep soil zones 3m x 3m and 15% of the site area. No deep soil zone proposed in this development. The objectives of this provision are similar to site cover and pervious area limits and enforcing the requirement would not be effective given the character of the development. E4 Site management Where a development proposal involves the disturbance to building material produced prior to 1987, such material is to be assessed for the presence and extent of any asbestos material. The former RSL building was demolished following it being destroyed by fire in February 2017. Prior to commencement of that demolition process, all asbestos material was removed and a Clearance Certificate issued April 2017. The dwelling at 4 Merriwa St was demolished under a Complying Development Certificate (CDC) issued by a Private Certifying Authority on 24 August 2017. Condition 5 of the CDC requires all demolition work involving asbestos to be undertaken by a licenced person under the Occupational Health and Safety Regulation 2001 and disposed of to an authorised landfill site. It is evident that both sites should be free of asbestos,
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however, as a precaution, it will be required as a condition of consent that any work that disturbs the ground is to be assessed for potential asbestos. Any subsequent handling, storage, transportation and disposal of asbestos is to be undertaken in accordance with the provisions of the Work Health and Safety Regulation 2011 and the Protection of the Environment Operations (Waste) Regulation 2005. E5 Safety and security It will be required as a condition of consent that all food fitout areas are designed, constructed and operated in accordance with the NSW Food Act 2003, NSW Food Regulation 2010, and relevant Australian Standards. The proposed development is considered supportable for Fire Safety purposes, with travel distances, aggregate width of exits, provision of essential fire services and provision of sanitary facilities generally satisfactory. An essential fire services certification and yearly inspection will be required as a condition of consent. To achieve necessary compliance with the Building Code of Australia and to ensure the development operates effectively, the two allotments will need to be consolidated. This will be required as a condition of consent prior to the issue of an Occupation Certificate.
E6 Waste management The application included a Waste Management Plan which noted the intention to engage a builder who will sort and recycle waste coming from the site works and the new construction on the site. The development is to include a designated waste and recycling storage area designed in accordance with Appendix F (Waste Management Plan Checklists - Design Phase) of the Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities. This will be required as a condition of consent.
3.3 Development Control Plan 21 – Advertising and Information Signage As noted previously in this Report (Section 1.6.3) concern was raised during assessment in relation to the proposed roof sign above the building’s corner element to Lurline and Merriwa Sts. The sign was relocated to be a wall sign located to the corner element façade, below the proposed glazed area. Under DCP 21 the proposed signage would all be defined as business identification signage, with the specific signage types being: 1. Porte cochere – roof or sky sign, 2. Corner element – wall sign 3. Entrance doors – hamper sign.
Clause 6 (Approval Requirements) of the DCP explicitly states that roof signs are unacceptable signage that would not generally be supported by Council. A merit based assessment may be considered where the size, topographical features or physical constraints of a site or business may support such a variation.
It is noted that the porte cochere is located well within the site and setback approximately 19m from the Lurline St boundary. The signage is above the porte cochere and serves to identify main entrance and patron drop off and collection point. In supporting the roof sign it is noted that the location avoids the need to raise the porte cochere height, is an important directional sign for the entrance and is setback well back from the road reserve. It is
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accepted that the specifics of the site and setback from the boundary is sufficient to warrant support of the proposed location. The building is visually a stand-alone building but has important interrelationships with the adjoining businesses in Lurline St with the amended sign proposal maintaining consistency with the character of the adjoining vicinity.
4.0 Section 79C(1)(a)(iii)(a) Planning Agreement There are no planning agreements that apply to the proposed development or the subject site.
5.0 Section 79C(1)(a)(iv) The Regulations The Environmental Planning and Assessment Regulation 2000 (the Regulations) provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.
6.0 Section 79C(1)(b) Likely Impacts 6.1 Natural and Built Environment The submitted documentation notes that the proposed development has been designed as an iconic building with elevations being contemporary in design but to reflect the scale and context of surrounding buildings, particularly The Clarendon and Hotel Blue. These are the most prominent buildings in the vicinity with relevant Art Deco elements. It is accepted that the development of the proposed site should also be prominent and will combine with Hotel Blue and The Clarendon, the main visual vista along the eastern side of Lurline St. Art Deco/Art Moderne buildings are usually well embellished including geometric shapes. Art Deco/Art Moderne generally has an emphasis on horizontal form with Art Moderne focusing on more rounded corners whilst Art Deco has more angular corners. The proposed design has taken these design elements and interpreted them in a contemporary building. Visual interest in the building is enhanced by the horizontal forms created by the window elements and the fins along the corner element, as well as it strong curve shape. The overall building is articulated in a regular geometric pattern. The corner creates a typical monolithic Art Deco feature with applied decorative element. The finished material, flat roof design, parapet feel and accentuated corner are all typical of the Art Deco approach, and is considered reflective and complementary to the adjoining buildings.
6.2 Social Impacts 6.2.1 Noise Attenuation A number of potential noise impacts were identified as part of the assessment process as well as within written submissions. The considered noise emissions were those relating to patrons, music, mechanical plant, and use of the carpark. An Acoustic Report was submitted with the application that considered these impacts, level of disturbance and recommended attenuation measures.
The proposed operating hours of the Katoomba RSL are: 10am to 11pm Sunday to Thursday; 10am to 12:30am Friday and Saturday.
Noise monitoring was conducted from 13 July to 20 July 2017. Noise monitors were placed at the northern end (existing car park), along the Lurline St frontage and along the Merriwa St frontage.
The weighted Background Noise level was set as follows: Daytime (7am-6pm) = 43 decibels Evening (6pm-10pm) = 37 decibels Night time (10pm-7am) = 36 decibels
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The Report also included recorded noise monitoring of an outdoor gaming area similar to that proposed, with the measured sound pressure levels being 63dB(A) (average over period) and 65dB(A) (average maximum).
The Office of Liquor and Gaming NSW provides guidelines for assessing noise emissions due to activity noise including people talking, functions and music. The guidelines are: Before midnight, the average maximum should not exceed the background noise level by more than 5 decibels at any residential premises. After midnight, the average maximum should not exceed background noise at any residential premises. In fact, after midnight, noise emissions are to be inaudible within any residential premises.
The Report included a number of building and management controls that would need to be adopted to ensure compliance with the relevant noise criteria, summarised as follows:
Outdoor gaming area Boundary wall to be minimum 3.5m high and masonry (proposed over 4m high). Internal face lined with specified absorptive material. Roof over the outdoor gaming area to be solid material (colorbond or acoustic alternative). Roof underside to be lined with specified absorptive material. Gaming machines to not have coin trays. Gaming machine noise level not to exceed 63 decibel (average maximum) measured a 1m distance.
Glazing Glazing to all patron areas to be 10.38mm Laminated with acoustic seals, except main entry, outdoor gaming access and sports terrace access.
Lounge Terrace Solid wall to western end (Lurline Street) Balustrade to northern edge to be min 1.5m high and solid masonry, glass or similar material. Roof over to be lined with specified absorptive material
Ceilings Air locks, lounge, restaurant and gaming area to be lined with specified absorptive material Any tile, timber or vinyl floor in gaming, lounge or restaurant area to have noise absorptive lining.
Auditorium Roof/ceiling to be lined with specified absorptive material with insulation. Sound with auditorium to be limited to 100 decibel (average maximum)
Management Controls Doors and windows to be generally closed After 6pm, ingress/egress limited to main entry airlocks and the gaming terrace only. Auditorium operable walls to be closed during music or amplified events. Lounge Terrace patrons limited to 15 people after 6pm, with no access after midnight. Ongoing management of patron behaviour Noise reminder notices to outdoor gaming area. No music in any outdoor area (except gaming machines)
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It will be required as a condition of consent that the construction complies with the requirements of this Report and that, on completion, noise mitigation measures are tested to ensure compliance with the established noise criteria. Selection of Mechanical plant would not be made at this stage but it will be required as a condition of consent that plant is to be selected to ensure compliance with the relevant noise criteria outlined in the Noise Report
6.2.2 Environmental Tobacco Smoke The proposed development includes an Outdoor Terrace for gaming purposes and located to the north eastern corner of the building. This location was chosen for a number of practical management reasons, but also benefits from being the greatest separation from adjoining residential areas. However the Terrace is along the northern boundary of the site adjacent to an active area of Katoomba Public School. It is noted that the nearest school building is approximately 36m clear of the boundary and the adjacent area is not the main oval or play area of the School. None the less many public authorities, including Work Safe Australia and Health NSW clearly identify the potential danger of adults and children being exposed to Environmental Tobacco Smoke (ETS) also known as second-hand or passive smoke. Work Safe Australia make it clear that it is the business’s responsibility to proactively eliminate workplace exposure to ETS, and the restriction of smoking to outdoor areas is a component of good practice in eliminating ETS.
Council raised concern in relation to the potential for ETS as follows: “Concern is raised in relation to the two outdoor terrace areas in terms of potential smoke impact on: 1) students within the adjoining pubic school and 2) patrons accessing the RSL Club from the footpath.”
The applicant engaged a consultant with expertise in air quality science and particularly indoor air pollutants such as ETS to assess the potential for exposure. The consultant noted that the outdoor terrace adjacent to the access footpath is to be a “non-smoking” area. This will be required as a condition of consent.
In relation to the outdoor terrace adjacent to the School, it is noted that the external of the outdoor terrace is 4.03m in height with a 2m gap between the wall and the roof over the terrace. The roof over the terrace is approximately 200mm lower than the top of the wall, with the ground beneath the 2m gap having a planter and landscaping to avoid standing in this location. The consultant noted that any air exiting the terrace would be emitted at a 4 metre height above ground. It was also noted that the usage pattern for the outdoor terrace area would tend to be light during normal school hours, with the busiest periods typically during the evenings and on weekends.
The Consultant concluded that any wind at all would almost immediately disperse the air from the terrace and highly dilute any pollutants which it contained. On very still days the air exiting the terrace would be a rising plume which would continue to rise for some distance above the wall before dispersing in all directions. There may be some chance that the air exiting the terrace area during very still conditions could fall toward the adjoining School. Even so, natural dispersion of the air from the terrace would occur and any pollutants would be at much lower concentration by the time that air reached the adjacent property. Even in the worst case scenario, any smoke would be at concentrations several thousand times lower than the air exiting the terrace. The consultant considered that ETS would not be of any significant risk to persons using the adjacent property.
It should be noted that there are no published “safe” exposure levels for ETS, therefore it would be appropriate to take a precautionary approach to this assessment. The proposed development currently proposes the top of the boundary wall adjoining the public school to
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be approximately 700mm above the terrace ceiling level and 200mm above the terrace roof level. A parapet over the main building is located along the western edge of the terrace which is approximately 5m above the ground level. To ensure optimal protection from ETS it will be required as a condition of consent that a screen will be placed to the inside eastern wall of the terrace area and extend up to be equivalent with the height of the parapet wall. This screen shall extend all the way from the auditorium wall to the north eastern corner of the terrace area. It will also be required as a condition of consent, that once the development is completed, the area will be tested by a suitably qualified consultant to ensure the level of ETS to the adjoining property is minimised to the maximum level possible.
7.0 Section 79C(1)(c) Suitability of the Site The proposal has been assessed against the relevant local and state provisions and it is considered that there is limited risk of any adverse environmental, social or economic impacts should the development application be approved. The site is suitable for the proposal, which will result in a new rebuilt RSL Club generally covering the same building footprint as previously built on.
8.0 Section 79C(1)(d - e) Submissions and Public Interest 8.1 Submissions As identified in the ‘Notification’ section of this report, the application was advertised for a period of 14 days and included a notice in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties, and Department of Education (Katoomba Public School).
Three (3) submissions were received as a result of this notification process, including 1 submission on behalf of 5 different residents. The Department of Education did not object to the proposed development.
The following issues were raised in the submissions and addressed in the relevant sections of this report as identified:-
1. Obtrusive light spill during night periods. (Section 3.1 ) 2. Noise, particularly music. (Section 6.2.1) 3. Increased traffic levels (coaches on site and adjoining streets) (Section 1.2) 4. Privacy impact to balcony of adjoining property (Lurline St)
Comment This privacy impact was submitted by a unit in the residential flats on the opposite side of Lurline St. It related to people sitting in an outdoor smoking area along the northern side of the original Club building. The new building has an outdoor terrace located to the northern portion of the new Club building, although not proposed as a smoking area. The proposed terrace is 3.5m in width with a ceiling that is approximately 5.5m, extends 1.2m over the public footpath as well as being approximately 4m above the terrace floor level,. In addition, the western face of the terrace will have a solid screen in place. These factors will avoid anyone in the terrace area being able to comfortably view the balcony area of the subject residential buildings.
8.2 Public Interest The proposed development benefits the wider community and the approval of the application is considered to be in the public interest. The assessment has determined that there are no perceived adverse environmental, social or economic impacts likely to occur as a result of the proposal. Any potential increase in noise, traffic, light spill are considered appropriate and able to be minimised, particularly considered that the building fronts a main road, and the use of the building will remain unchanged.
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No issues have arisen during the assessment that would indicate the proposed development is not in the public interest.
9.0 Community Contribution The City-wide Section 94A Infrastructure Contributions Plan 2017-2022 was adopted on 27 June 2017 and applies to the site.
A Construction Cost Estimate Report was submitted with the application which complies with the requirements of the Environmental Planning and Assessment Regulation 2000 which states: "capital investment value" of a development or project includes all costs necessary to establish and operate the project, including the design and construction of buildings, structures, associated infrastructure and fixed or mobile plant and equipment, other than the following costs: (a) amounts payable, or the cost of land dedicated or any other benefit provided, under a condition imposed under Division 6 or 6A of Part 4 of the Act or a planning agreement under that Division Based on currently available information, the Report estimated the Capital Investment Value at $10,892,205 with the estimated total cost of construction, as prepared in accordance with Environmental Planning and Assessment Regulation 2000, being $ 11,981,425.50.
The percentage levy for development with a total value of $11,981,425.50 is 1%, which is a levy value of $119,814.26. Payment of this levy will be required as a condition of consent.
Conclusion The proposed new building is considered reasonable and consistent with the character of the adjoining vicinity. Factors relating to light, noise, ETS and traffic are able to be appropriately managed and minimised. There are no perceived adverse environmental impacts likely to occur upon approval of the proposal, and adjoining properties are unlikely to be adversely affected. The proposal is therefore considered worthy of support.
ATTACHMENTS/ENCLOSURES
1 Conditions of Consent - X-845-2017 18/30220 Attachment 2 Plans - X/845/2017 18/27347 Attachment
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Attachment 1 - Conditions of Consent - X-845-2017
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Attachment 2 - Plans - X/845/2017
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ITEM NO: 22
SUBJECT: LEP LAND ACQUISITION
FILE NO: A41439-E - 18/27960
Delivery Program Link Principal Activity: Looking After Environment Service: Natural Environment
Recommendations:
1. That the Council approves the purchase of 7 Peckmans Road, Katoomba known as Lot 11 Sec 01 in DP 2059 for the purpose of “Environmental Conservation – Open Space” as per the acquisition requirements in Section 5.1 of LEP 2015;
2.. That the Council delegates to the General Manager authority to negotiate the purchase price and/or compensation payable for lands zoned E2 (with an acquisition requirement) under LEP 2015, as identified in this report, and as per agreed valuation received; and
3. That the Council Classify the land as “Community Land” upon purchase, under the Local Government Act 1993.
Report by Director City & Community Outcomes:
Reason for report This report seeks Council approval for purchase of land zoned “Environmental Conservation” under LEP 2015 that is subject to an Acquisition Requirement under Clause 5.1 of LEP 2015.
This has been an ongoing matter and resolution is now proposed for the purchase of this LEP land. The subject property has a zoning of E2 Environmental Conservation, and is subject to “Protected Areas – Watercourse”; it is a Council Land “Acquisition Requirement” under LEP 2015.
The owner of the subject land, being 7 Peckmans Road, Katoomba known as Lot 11 Sec 01 in DP 2059, has lodged a request for Council to purchase the property under the Just Terms Compensation Act 1991, citing the “hardship provisions” of this Act. To help avoid further ongoing costs, and possible Land and Environmental Court action, it is advisable to purchase the property now, it being on Council’s acquisition requirement list for purchase.
Background The Council received a report on 13 December 2005 that set out the need for the Council to acquire land identified zoned “Environmental Protection – Open Space (EP-OS)” within Local Environment Plan 2005 (LEP 2005) and identified as Acquisition for Environmental Purposes. The report also outlined the method for conveying these acquisitions.
Although LEP 2005 includes clause 130, which states that the Council must acquire land within the EP-OS zone where it is requested by the owner to do so, the clause has effectively been absorbed into s27 of the Environmental Planning and Assessment Act (EP&A Act).
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Subsequent to this change in the legislation, at the Ordinary Meeting of the Council of 24 August 2009, it was resolved:
“1. That the Council acknowledge the revised process for the acquisition of properties under the Local Environmental Plan 2005 and the Land Acquisition (Just Terms Compensation) Act, 1991;
2. That following approval of the Council to purchase the subject lands, the General Manager be delegated the authority to negotiate the purchase price and/or compensation payable for lands zoned Environmental Protection – Open Space (with an Acquisition Requirement) under Local Environmental Plan 2005, as limited by this report, as and when required; and
3. That all ex-gratia payments be reported back to Council and that any ex-gratia payments outside of the delegations of the General Manager be determined by the Council.” [Minute No: 340]
The Council acknowledged changes to the EP&A Act 1979 and endorsed the change to the process, recognising that while desirable, the Council was no longer legally required to pursue the purchase of these lands except under circumstances of “hardship”.
Acquisition of these lands has proceeded in batches as and when owners have indicated that they wished the Council to purchase their land. Properties are purchased at the appropriate market value that reflects the very limited development potential. To date, out of the 267 parcels of land identified and zoned “Environmental Protection – Open Space (EP-OS)” under (LEP 2005) and identified as “Acquisition for Environmental Purposes”, a total of 132 parcels have now been purchased, leaving 135 parcels of land still to be purchased by Council.
Acquisition Requirement under Clause 5.1 of LEP 2015:
5.1 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
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Plan 1 - 7 Peckmans Road, Katoomba
Sustainability Assessment Effects Positive Negative Environmental Land will be protected. Nil Social Land can be enjoyed as a natural area. Nil Economic Helps maintain the Blue Mountains as a Nominal loss of rates tourist destination. income. Governance As per Just Terms Compensation Act Nil 1991.
Financial implications for the Council Provision is made in the Operational Plan for the acquisition of land zoned E2 Environmental Conservation under LEP 2015 and subject to an Acquisition Requirement under Section 5.1 of LEP 2015. The purchase of the proposed property in this report is financed through this approved budget.
Council should note that the purchase of such lands results in a reduction in rate income and the land is added to our protected land estate. Management of this will require ongoing holding costs including weed management and fuel reduction.
Legal and risk management issues for the Council LEP 2015 identifies the property referred to in this report for acquisition for the purpose of “Environmental Conservation – Open Space”, to be purchased by the Council. Not acceding to requests to purchase at an agreed market value may lead to legal challenge. Obtaining an independent valuation of properties being considered for acquisition provides certainty to both parties of the fairness of the process.
External consultation The properties referred to in this report are identified in the Environmental Protection – Open Space (Acquisition Requirement) Zoning under LEP 2015, which was subject to extensive public display and comment, prior to adoption and gazettal by the Council.
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Conclusion LEP 2015 identifies the subject property for purchase by Council. The recent increase in Council rates over these properties has accelerated the interest of property owners to take up the option of Council acquisition. It is recommended that the Council now responds to the requests from the affected property owner by offering to purchase the property. Any offer to purchase a property will be based on the current market value, noting that this will reflect the restricted zoning and very limited development potential of the property.
It is anticipated that further requests for the acquisition of properties identified for acquisition by Council in LEP 2015 will be received from property owners in the future. Batches of these properties will be submitted periodically for approval as and when they occur.
It is recommended that the Council approve the purchase of 7 Peckmans Road, Katoomba known as Lot 11 Sec 01 in DP 2059 for the purpose of “Environmental Conservation – Open Space” as per the provisions of LEP 2015 and that the Council delegates to the General Manager authority to negotiate the purchase price and/or compensation payable for lands zoned E2 Environmental Conservation under LEP 2015, as identified in this report, and as per agreed valuation received. Further, it is also recommended that the Council categorise the land as “Community Land” upon purchase
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ITEM NO: 23
SUBJECT: 170-174 LEURA MALL, LEURA - COMMERCIAL PROPERTY CONSIDERATIONS
FILE NO: F11178 - 18/30407
Delivery Program Link Principal Activity: Using Land Service: Town Centres
Recommendations:
1. That the Council notes the outcome of the Independent Hearing Assessment Panel (IHAP) and endorses the allocation of up to $30,000 additional funds from the Property Investment Fund to cover professional fees;
2. That the Council endorses the proposed program for resolving outstanding matters regarding the property and tenancy issues;
3. That the Council resolves to submit an application for the subdivision of the land at 170- 174 Leura Mall, Leura to create two new lots with one lot being the site of the existing the commercial buildings and the other lot being the site of the existing public car parking, footway and toilet facilities, generally as depicted on Figure 1 in this report;
4. That the Council allocates $20,000 from the Property Investment Fund to complete the subdivision application and certificate; and
5. That the Council receives a briefing prior to receiving a report on future funding arrangements and management options for the property by August 2018.
Report by Director City & Community Outcomes:
Reason for report The recent meeting of the Independent Hearing Assessment Panel (IHAP) convened on 5 February to consider the Council’s development application for 170-174 Leura Mall, resolved to defer the application. The IHAP's deferral of the application will result in further delays in the Council's consideration of its options for the site and will also extend the current uncertainty about the tenancy considerations for the existing café which occupies Shop 2.
This report seeks to clarify current site arrangements and the Council’s intended program for all matters relating to this property for the coming 6 month term, in order to give clarity for all parties involved in this matter.
Background At the Ordinary Meeting of Council meeting on 15 November 2016, it was resolved:
1. “That the Council endorses the lodgment of a Development Application for alterations and additions to the commercial property at 170-174 Leura Mall that retain the primary and recognisable pre-1935 heritage features of the
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building, including the building façade, most of the external walls, chimneys, fire places, the roof form and side awning; 2. That the Council receives a further report regarding the financial feasibility of redevelopment of the commercial property at 170-174 Leura Mall following determination of the Development Application; and 3. That the Council notes the ‘Statement of Heritage Impact’ report prepared by independent heritage architects and heritage consultants, Heritage 21, is to be released to the Council website on receipt of the final report.” [Minute No. 339]
Further, at the Council meeting on 28 March 2017, it was resolved that:
1. "That the Council notes the three options for assessment and determination of the application at 170-174 Leura Mall, Leura (DA X/1279/2016); 2. That the Council proceeds to establish an Independent Hearing and Assessment Panel (IHAP) for the purposes of assessing development application X/1279/2016; 3. That the Council endorses the establishment of a (an) "Determinative IHAP" option established in accordance with the Charter and Guidelines provided at Attachment 2 of the report; 4. That, should the Council adopt a "Determinative IHAP" in Recommendation 3, the Council delegates to the IHAP, in accordance with s377 of the Local Government Act, 1993, the Council's function of determining DA X/1279/2016, in accordance with the Environmental Planning and Assessment Act, 1979 and following independent, external heritage assessment and staff planning assessment; and 5. That the Council receives a report outlining a process for the appointment of a Chair and members of the IHAP." [Minute No. 97]
Since the Council meeting in October 2016, a range of design options for the existing building have been considered. Those options have been the subject of considerable community interest, resulting in the proposal being significantly amended. The development application was submitted in October 2017.
Outstanding Matters – Process for resolution
i) Independent Hearing Assessment Panel The IHAP convened on 5 February to consider the development application (DA) for 170-174 Leura Mall. The meeting was hosted at Blue Mountains Cultural Centre and was well attended by local residents.
Following community representations and the opportunity to discuss matters with the scheme Architect and Heritage Adviser the panel decision was to defer the matter in order to receive additional information on heritage, urban design and landscaping. A number of these matters were in line with the deferred commencement conditions recommended by Council staff. However, while the panel incorporated the content of these conditions in their request for more information, further documentation beyond this was also requested by the panel. Once the application has been amended to reflect the items identified in the deferral notice, it will be brought back to the IHAP for determination.
To provide the additional information, together with further amendments, to satisfy the IHAP's requirements, the proposal will require additional professional input. At the time of writing this report the costs associated with these inputs are unknown, however, an indicative sum of $20,000 is considered reasonable.
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ii) Tenancy Considerations The proprietor of the WayzGoose Café has occupied Shop 2 for approximately 15 years, although currently the premise is not occupied under a lease. The proprietor is concerned about the Council’s inability to resolve future lease arrangements. This results from the delay in resolving the development proposal for the site and the subsequent lack of certainty about the construction process and likely completion.
In November 2017 the Council proposed the resumption of the previous mediation process between the parties. In December 2017 the proprietor proposed a new mediation process. Both parties agreed that mediation was appropriate and also agreed that a mediation conference take place on 12 February 2018, after the date on which the parties anticipated that the IHAP would determine the development application. When that did not occur, and given the importance of the IHAP's decision to the Council's own decisions about the future of the property, the parties agreed that it was appropriate to defer the mediation until the development application had been determined.
The Council has confirmed that the current sitting tenancy arrangements will remain until such a time as the DA is resolved and the Council makes a decision about the property. The rental for the premises will remain unchanged during this period. The Council has also confirmed its previous advice that the proprietor will be given the opportunity to take up a lease of the new café at 170-174 Leura Mall, at the then prevailing current market rent for those premises, once the alterations and additions to the building have been constructed in accordance with the development consent, should the Council retain ownership of the property.
iii) Property Investment Fund (PIF) The works package associated with the DA are significant. These funds are not currently available from within PIF, which is currently under review. As a result monies may need to be drawn from other sources or alternative funding options will need to be considered for redevelopment. Council will be receiving a more detailed report, regarding options for the redevelopment of the property by August 2018.
This report would follow the completion of the DA and subdivision process.
iv) Subdivision of the Lot In order to facilitate the separation of the commercial property from the Council carpark and toilet facility, it is proposed to subdivide 170-174 Leura Mall, to remove the car parking and public toilet area from the commercial property (see figure 1 below). The proposed subdivision of the property would separate the car parking and public facilities from the Council-owned commercial premises, and clearly indicate that the lot on which the commercial premises are located will not in future be required for car parking purposes. An appropriate right of access would be created over part of the lot on which the commercial premises are located, to ensure that the existing footway between Leura Mall and the car park (including the toilet facilities) is preserved.
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Figure 1 – Proposed sub-division of 170-174 Leura Mall
Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The report provides clarity about Council’s intentions for this Nil property which has been the subject of extensive community involvement. Economic The report provides clarity about Council’s intentions. Nil Governance The report provides clarity about Council’s intentions. Nil
Financial implications for the Council The additional funding of $50,000 in order to finalise the DA process and subdivision is available within the PIF. The report seeks to identify issues that must be addressed by the Council in relation to the property, including the financial implications for the council as the matter progresses.
Legal and risk management issues for the Council The matters contained within this report are in accordance with Council’s policy framework.
External consultation No external consultation has been undertaken in preparing this report.
Conclusion This report clarifies the Council’s position on this property and identifies a way forward, notably allocating up to $20,000 additional funds from the Property Investment Fund to cover professional fees to resolve outstanding concerns for the IHAP.
Further, the report seeks approval to submit for the subdivision of the land at 170-174 Leura Mall, Leura to the IHAP to create two new lots. Finally, the report recommends that Council receives a further report on future funding arrangements and management options, together with the above matters by August 2018.
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- 193 - MOVING AROUND Item 24, Ordinary Meeting, 27.02.18
ITEM NO: 24
SUBJECT: ELECTRIC VEHICLE FAST CHARGING STATION
FILE NO: F11178 - 17/258009
Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access
Recommendations:
1. That the Council acknowledges and supports in-principle this project to provide wider sustainable and cleaner-vehicle technologies;
2. That the Council delegates the General Manager, or nominated representative, authority to enter into the lease agreements as identified in this report;
3. That the Council receives a further report on the expansion of electric car charging stations and related technologies into the Blue Mountains, as identified in the Draft Integrated Transport Strategic Plan, within 3 months of its adoption by the Council; and
4. That the Council investigates the regulation and enforcement of the charging spaces with relevant bodies.
Report by Director City & Community Outcomes:
Reason for report This report is seeking the Council’s approval to enter in to a sub-lease agreement for the use of Operational land for the installation of an NRMA electric car fast charging station in Katoomba. This report is not intend to provide a comprehensive report on the state of electric vehicle technology, challenges and consumption in Australia, but to provide sufficient amount of information in support of the introduction to the electric car charging station, as detailed in this report.
Background NRMA announced on Friday 20 October 2017 that it will establish Australia’s largest electric vehicle fast charging network, suitable for a range of electric vehicles and free for NRMA members.
NRMA claim “the network will unlock Australia for electric vehicles, enabling stress-free journey whether motorist are doing daily city commute, or visiting beaches on the south coaster, weekend getaways toy our world class wine regions or snow trips to the mountains”.
Katoomba has been identified by NRMA as a priority site for a charging station due to its 2 hour drive time from the City CBD. Example of the charging station is shown below.
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Preferred Site and Existing Lease Arrangement The preferred location is Pioneer Place, 38-40 Parke Street, Katoomba (DP388574), which is Council Operation Land. This location is currently leased by Shopping Centres Australasia Group (SCA) for a term of 99 years, expiring on 28 November 2111. The site is occupied by Big W and Woolworths and is known as Katoomba Market Place. The proposed charging station would be allocated in the existing car park, which is currently signed posted as 2 hours parking. The proposal would involve new signage for these two spaces for the sole use of electric car charging. See location map below.
It is noted that the parking area adjacent to this location may also be used by the Breast Screen Service for a period of several weeks each year. There is sufficient space in this area for the charging station and bus to both be operational at the same time. No conflict is expected to be experienced due to the proposed changes.
Shopping Centres Australasia Group (SCA) and NRMA Licence Agreements SCA have indicated its support for leasing the car parking spaces for the installation of the charging station at the location identified in this report. Council would be required to enter into a sub-lease for the required parking spaces with SCA for a minimum of 3 years. Council will then be required to enter into a similar lease with NRMA for the use of these spaces for installation of charging station.
The cost for these lease agreements will be borne by NRMA.
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NRMA Membership The NRMA charging station will provide free charging for members and charge non- members. At present there are 36,637 NRMA member vehicles in the Blue Mountains.
Types of Charging Stations There a two basic charging systems in use in Australia. The most common, as currently installed in the Blue Mountains is using existing residential AC charging, which takes between 6-10 hours for an average vehicle. Whilst the fast charging station being installed by NRMA use DC charging, which takes 20-30 minutes.
Current Charging Stations in the Blue Mountains There are currently 5 locations in the Blue Mountains as shown below. All of these stations are the AC power charging type.
Electric Car Sales There is currently no data available to identify the number of electric cars registered in the Blue Mountains. However, whilst nationally the current number of electric cars is low, this is expected to increase in future years as the industry moves from conventional fuel driven vehicles to electric powered vehicles. It is known that one of the biggest disincentives to electric car purchases, besides cost, is the availability of a network of fast charging stations.
In 2016 just fewer than 2000 electric cars were sold from a total of 1.1 million new cars sold. Meanwhile, in Norway electric vehicles are 23% of new car purchases. In China, sales of electric cars increased 80% in September 2016 compared to last year. The Australia Institute’s “If You Build It, They Will Charge” report blame a lack of government incentives for the low take-up of electric vehicles.
Sustainability Assessment Effects Positive Negative Environmental Reduced greenhouse gases Nil Reduced noise Higher efficiency in stop-start driving Social Zero emissions Nil Reduced carbon footprint Economic The location if the charging station is High purchase price of within a shopping precinct. electric vehicles.
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Effects Positive Negative Governance Lease agreements will be put in place to Nil manage the allocation of spaces, installation, maintenance and ownership of the charging station.
Financial implications for the Council The cost for these lease agreements will be borne by NRMA. There will be no installation or ongoing cost incurred by the Council. The license agreement will clearly outline that these responsibilities sit solely with NRMA.
Legal and risk management issues for the Council No legal or risk management issues will be incurred due to lease agreements as detailed in this report.
External consultation There have been a number of exchanges with SCA on the use of the car park and related agreements. The same has occurred with NRMA around the introduction of the project to the Blue Mountains and possible locations for the future roll out of charging stations.
Conclusion The introduction of a fast charging station into the Blue Mountains can only be viewed as a positive development for the City. The worldwide adoption to this technology is overwhelming with major countries like China having called for 1 out of every 5 cars sold in China to run on alternative fuel by 2025 with the possibility that all cars in China will be electric by 2030.
Whilst the current Australian Governments support for electric cars may not be as strong as those in other countries, the shift in this direction is inevitable and the establishment of charging stations across the City can only encourage its growth, bringing with it the social, environmental and economic benefits.
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ITEM NO: 25
SUBJECT: GREAT BLUE MOUNTAINS TRAIL - BLACKHEATH TO MOUNT VICTORIA - CONFLICT BETWEEN USERS - REGULATE TRAFFIC MOVEMENTS
FILE NO: F05224 - 17/142013
Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access
Recommendation:
That the Council, as the Roads Authority under the Roads Act 1993, approves the regulation of traffic on the Great Western Highway Service Road in Blackheath north-west of Radiance Avenue.
Report by Director City & Community Outcomes:
Reason for report The reason for the report is to obtain the Council’s approval as the Roads Authority, under the Roads Act 1993, to make changes to existing access arrangements for the flow of vehicle traffic on the Great Western Highway service road at the north-western end of Radiance Avenue, as detailed in this report.
Background Council is currently completing the detail design for the Great Blue Mountains Trail (GBMT) from Blackheath to Mt Victoria, which runs along the local service road, which is part of the Great Western Highway road reserve that provides access to Sunbeam Avenue and Radiance Avenue. The western end of the service road which is the subject of this report, only provides east bound access and is generally used by operational Council vehicles and small number of residents who live in this precinct.
Ongoing vehicular traffic on this narrow unsealed service road is considered to be a safety risk for cyclists and walkers on this service road. One of the primary design features for the siting of the GBMT is to separate the trail users from vehicular traffic where possible. The location of the service road and proposed restriction is contained in Enclosure 1.
Review of Options In response to the identified risks of vehicles and pedestrians sharing the service road, a number of options were considered, including: relocating the GBMT away from the Service Road; and closing the service road to vehicles with a physical barrier.
The original proposed alignment for the trail was along the western side of the railway corridor was not able to be achieved due to access and safety requirements imposed by Transport for NSW. This new alignment is the only feasible route for the trail with the most appropriate option for safety of users is to stop the passage of vehicles by installing barriers to prevent access of vehicle traffic.
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Roads Authority The provision to regulate the movements of vehicles in this way comes from the relevant sections of:
Roads Act 1993 No 33 Part 8, Division 1, Section 115 Roads authority may regulate traffic in connection with road work etc.
Clause (1) A roads authority may regulate traffic on a public road by means of barriers or by means of notices conspicuously displayed on or adjacent to the public road. (2) The power conferred by this section may be exercised by RMS for any purpose but may not be exercised by any other roads authority otherwise than: (a) for the purpose of enabling the roads authority to exercise its functions under this Act with respect to the carrying out of road work or other work on a public road, or (b) for the purpose of protecting a public road from serious damage by vehicles or animals as a result of wet weather, or (c) for the purpose of protecting earth roads from damage caused by heavy vehicles or by animals, or hazards on the public road, or (e) for the purpose of protecting vehicles and other property on the public road from damage,
Community consultation Community consultation was done by delivery of letters to all residences on the Great Western Highway service road, Radiance Avenue and Sunbeam Avenue. Letters were delivered on 21 August 2017. Four (4) submissions were received. The topics covered in these submissions were: Objection to closure of the northern entry to the Great Western Highway service road due to perceived safety reasons, (two submissions); Objection to proximity of the Great Blue Mountains Trail to the Cemetery, behind a row of trees, (one submission); Request to include litter facilities along the Great Blue Mountains Trail (one submission); and There are a low number of cyclists using the existing trail facilities, (one submission).
Local Traffic Committee The LTC considered this matter at its meeting of 11 December 2017, item 2017.22, where it recommended that:
“the proposed Traffic Management Plan for the closure of the north-west entry point for the GWH service road to Radiance and Sunbeam Avenues as shown on Attachment 22;
The Minutes for the 11 December 2017 LTC meeting are listed as an item for adoption at this Council meeting, 27 February 2018.
Road Safety Audit A qualified consultant was engaged to undertake a Thematic Stage 6 (Existing Road) Road Safety Audit focusing on identifying risks, Road Safety Hazards and / or departures from
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relevant Australian Standards, Austroads Guides and related Supplements and Technical Directions. The audit was carried out at dusk on Thursday the 23rd November 2017, in order to mirror conditions reflective of both day and evening conditions. The audit has also considered that the area is in a high risk visibility (fog) location.
This section of the Great Western Highway (GWH), between the slip lane approaching Radiance and Sunbeam Avenues, Blackheath, is one of the oldest sections of highway remaining in the Blue Mountains City Local Government Area, with only a single lane carriageway in each direction. The GWH is a road of national importance and it is increasingly busy, carrying a significant volume of relatively high speed traffic, including a high volume of heavy vehicles which, together with the predicted increase in freight tasking, is a matter of concern to the Council and community.
The standard of construction, particularly as it relates to elements such as road shoulder widths, separation of carriageways, service roads and multiple access points, is much lower for this section of the GWH than for that applying to the more recent highway upgrade programs.
General, and common deficiencies observed along this segment of the highway include high vehicles speeds, reverse cross falls, potential drainage issues, as well as steep embankments and roadside hazards. There is generally little to no recovery area along this section of the GWH, with minimal clear zones and buffer to roadside hazards. The road environment at this location is generally unforgiving in the event of an accident or errant vehicle/driver, with severe consequences and no room for error.
One of the main findings, highlighted in the audit, is that there are a number of cyclist pinch points, with little to no shoulder for cyclists negotiating the GWH at this location, in the midst of a high speed traffic environment. This often forces cyclists to travel in the near traffic lane, placing them in an exposed and vulnerable position. The existing non-compliant shoulder widths comprise the primary hazard in these instances and ought to be a high priority for further investigation.
Proposed Action and Impact on current users Although the closure of the east bound entrance has been perceived by some residents to reduce the safe access options for residents when entering the Great Western Highway service road, a safety assessment has been completed and this entry point from the Great Western Highway is considered to be less safe compared to the partial seagull intersection which is the formal entry point near Sunbeam Avenue.
In response to residents submissions that have raised concerns of safety at the formal entry to the service road, particularly after dark and when heavy vehicles follow turning traffic, Council will make a submission to the Roads and Maritime Services (RMS) to undertake practical improvements at this location based on both the road safety audit and other findings. This proposal will include: a reduction in the speed limit from 80km/hr to 60km/hr between the Mt Boyce weigh station and Blackheath town limits for a distance of approximately 1.5 km; and shoulder width and surface improvements to increase the ability of vehicles to reduce speed safely to turn into this section of Blackheath.
The audit recommended that a frangible or impact resistant approved safety barrier be utilised for the north-west entrance of the service road to prevent through traffic. Alternatively, pedestrian fencing could also be considered as a solution and/or a landscaped buffer with guideposts as a softer alternative.
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Notification of Changes All current service providers, property owners and emergency services will be advised of changes to through access movements. Closure will be staged starting with advice before placement of the frangible or impact resistant approved safety barrier.
Sustainability Assessment The Blue Mountains Bike Plan 2020, of which the GBMT is a key component, has contributed to positive impacts on environmental, economic and social sustainability in the City of Blue Mountains. The major focus of the Bike Plan is to create safe and accessible pathways of travel that improve our connections with our destinations and each other and encourage people of all ages to use their bicycles for everyday transportation and enjoyment. Effects Positive Negative Environmental The Bike Plan 2020 promotes cycling as a sustainable Nil transport alternative. Social Cycling contributes to personal health by enhancing fitness Nil and providing an enjoyable, convenient and affordable means of exercise and recreation. Reduces conflict between Trail users. Economic Cycle paths and trails provide year round tourism attractions Nil and experiences. Reduces maintenance response to unformed roadway. Governance Nil Nil
Financial implications for the Council There will be no ongoing costs related to the restriction of traffic at this location.
Legal and risk management issues for the Council As detailed in this report, Council, as the Roads Authority may regulate traffic in connection with road works as prescribed in Roads Act 1993 No 33, Part 8, Division 1, Section 115, Clause 1 & 2 (a-e).
External consultation As detailed in this report community consultation was undertaken by direct letter to residents in this precinct in August 2017. Additionally, the Local Traffic Committee (LTC) at its meeting of 11 December 2017 approved the closure of this section of service road and its report is listed for consideration at this 27 February 2018 Council meeting.
Conclusion The proposed option detailed in this report is considered the most appropriate in addressing the safety and access by pedestrians and cyclist, local residents, service vehicles and highway traffic.
ATTACHMENTS/ENCLOSURES
1 Enclosure 1 - GBMT - Traffic Managment Plan 18/26644 Enclosure
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ITEM NO: 26
SUBJECT: COMPULSORY ACQUISITION OF LAND - 2-6 KUKE ROAD, DP 565406 - BLACKHEATH
FILE NO: F05224 - 17/270240
Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access
Recommendation:
That the Council approves the compulsory acquisition of a Right of Way over part of land at 6-12 Kuke Road, DP 565406, Blackheath.
Report by Director City & Community Outcomes:
Reason for report This report is seeking the Council’s approval to proceed with the compulsory acquisition for a Right of Way over part of land at 6-12 Kuke Road, DP 565406, Blackheath. This approval is necessary to satisfy the requirements the Office of Local Government for such action.
Background Blue Mountains City Council is responsible for the development and delivery of the Great Blue Mountains Trail (GBMT), a project to create a dedicated cycling trail across the Blue Mountains ridgeline. Significant portions of the trail are already open and in use by members of the public.
For the purpose of connecting pre-existing parts of the GBMT, Council has been negotiating with the owner of a private property at 6-12 Kuke Road, Blackheath for the purpose of acquiring a right of way over part of his land, with a view to constructing a shared trail across his property. Refer enclosure 1 for plan of acquisition. These negotiations have stalled, with the owner making a number of demands, which do not relate directly to the acquisition of the right of way. These include demands for planning/zoning information, Crown Lands action in relation to fire trail gates and reimbursement for perceived losses.
These demands are unreasonably preventing the progress of a significant project. As such, Council is now wishing to proceed to acquiring the right of way through compulsory acquisition.
Legal Process Council has obtained legal advice with respect to the due process for the compulsory acquisition of the above mentioned land. This advice has confirmed that the Council is empowered by the operation of Section 186 of the Local Government Act 1993 to acquire land for the purpose of exercising any of its functions. This advice also confirms that the land can be acquired for the purpose of constructing the GBMT.
Importantly, this advice has determined that the Council has satisfied the due process requirements for proceeding to compulsory acquisition with the Office of Local Government.
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Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Satisfies the requirements for due process for Nil compulsory acquisition. Economic Nil Nil Governance In accordance with the requirements of the Office of Nil Local Government.
Financial implications for the Council Cost incurred in obtaining the necessary legal advice and compulsory acquisition will be drawn from project budget.
In line with due process, as determined by the Office of Local Government, Council will engage the services of a suitably qualified property professional to assess market value of the Right of Way for compulsory acquisition purposes. Council will also instruct the professional to provide a market value range for negotiation purposes during the compulsory acquisition process.
Legal and risk management issues for the Council As detailed in this report.
External consultation Nil.
Conclusion Legal advice has indicated that a resolution of the Council is required to proceed to compulsory acquisition, which is the purpose of this report.
ATTACHMENTS/ENCLOSURES
1 Enclosure 1 - Plan of Acquisition 6-12 Kuke Road, 18/27041 Enclosure Blackheath
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ITEM NO: 27
SUBJECT: LOCAL TRAFFIC COMMITTEE
FILE NO: F01211 - 18/21660
Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access
Recommendations:
1. That the Council receives the Minutes for the Local Traffic Committee;
2. That the Council approves the recommendations from the LTC meeting minutes of 11 December 2017: a) 2017.22 the proposed Traffic Management Plan for the closure of the north-west entry point for the GWH service road to Radiance and Sunbeam Avenues as shown on Attachment 22, with implementation subject to Roads and Maritime Services approval of the Traffic Management Plan; b) 2017.23 Intersection of Station St and Bundarra St, Blackheath: i. The installation of proposed No Stopping signs in Station Street and Bundarra Street, Blackheath as shown on Attachment 23; and ii. The replacement of existing Give way signs line markings with STOP signs and line markings in Station Street, Blackheath as shown on Attachment 23; c) 2017.24 the provision of Give Way signage and delineation in Wellington Road at Narrow Neck Road, Katoomba as shown on Attachment 24; d) 2017.24A the removal of the existing GROSS LOAD LIMIT 2t sign in Lyne Street at the intersection of Leichardt Street, Katoomba as shown on Attachment 24A; e) 2017.24B the provision of watts profile traffic calming devices on Cliff Drive, Katoomba as shown on Attachment 24B. This is to include fencing or plants placed at either side of calming device to discourage use by pedestrians; f) 2017.25 the provision of STOP signage and delineation in Railway Parade at Tollgate Drive, Linden as shown on Attachment 25; g) 2017.27 the provision of No Stopping zones at the intersection of Macquarie Road and Davies Avenue, Springwood, as shown on Attachment 27; h) 2017.28 the installation of the 160m No Parking 8am-3pm SCHOOL DAYS zone on northern side of Tutor Close, Winmalee as shown on Attachment 28; i) 2017.29 the provision of a No Parking 10pm-6am zone in the car park at the Hawkesbury Lookout, Hawkesbury Heights as shown on Attachment 29; j) 2017.30 the proposed extension of existing 8m No Stopping zone by 12m further east in Park Street, Glenbrook, as shown on Attachment 30; k) 2017.31 the provision of No Stopping zones at the intersection of View Street and Hope Street, Blaxland, as shown on Attachment 31; l) 2017.32 the implementation of a 9m No Parking zone in front of the access gate to the railway corridor, Whitton Memorial Place and Caretakers Cottage on the Great Western Highway, Glenbrook with appropriate signage as shown on Attachment 32; m) 2017.33 the extension of existing 15m No Stopping area further 22m towards east up to the back of accessible spaces in the Commuter car park, Blaxland as shown on Attachment 33; n) 2017.34 implementation of a No Stopping Zone on Wilson Street, Lawson 1 metre both sides of the Police driveway at 305 Great Western Highway, Lawson as per attachment 34; o) 2017.36 Improved parking management and regulation on Centennial Glen Road, Blackheath: - 204 - MOVING AROUND Item 27, Ordinary Meeting, 27.02.18
i. The provision of No Parking zones on the west side of Centennial Glen Road Blackheath, as shown on Attachment 1; ii. Within the existing parking bays the provision of parking, permitted between 6 am and 10 pm and that parking is prohibited between 10 pm and 6 am, as shown on Attachment 1; iii. The provision of an accessible parking space and associated signage at the western end of Centennial Glen Road Blackheath, as shown on Attachment 1.
Report by General Manager:
Reason for report Attached to this report are the Minutes of the meeting of the Local Traffic Committee (LTC) held on 11 December 2017 (see Attachment 1). The recommendations of the LTC are submitted to the Council for adoption and/or noting, where applicable.
Key Issues 2017.24B Cliff Dr, Katoomba – Katoomba Falls
In 2016 Blue Mountains City Council was successful in obtaining grant funding, under the Federal Government’s Stronger Regions Fund, for a series of projects that form parts of the Scenic Southern Escarpment group of projects. A number of relevant and related projects have been done, are being done or are in the approval phase. They are as follows: 1) Upgrading of the amenities block at Katoomba Tourist Park – completed 2016; 2) Replacement of three cabins at Katoomba Falls Tourist Park – completed 2016; 3) Upgrading of walking tracks in the Katoomba Falls area – previous upgrade work completed in 2016 and current upgrade work to the walking track in the vicinity of Reids Plateau; and 4) Revitalisation of Katoomba Falls Kiosk including formalisation of the adjacent lookout and park including upgraded parking and road adjustments – in approval stage.
It is considered likely that the above projects will create additional visitation to this area and corresponding increase in traffic volumes. Therefore it is proposed to provide a zone of reduced speed on Cliff Drive between Katoomba Falls Kiosk and the track head to numerous walks on one side and Katoomba Falls Oval and Katoomba Tourist Park on the other.
In order to manage vehicle speed, and improve current and future intersection function at the Katoomba Falls Kiosk the provision of watts profile traffic calming devices on Cliff Drive, Katoomba is proposed. During discussion of the LTC it was agreed that fencing or planting be provided both sides of the traffic calming device to discourage use by pedestrians.
2017.37 Improved parking management and regulation on Little Switzerland Drive and Hordern Rd, Wentworth Falls
Near the southern end of Little Switzerland Dr, Wentworth Falls is the well-known visitor attraction, Lincolns Rock (also known as Flat Rock or Honeymoon Rock). The expansive views and unfenced vista makes it a unique experience and popularity has increased significantly over the last 5 years.
Council recently approved a maximum size limit of 10 m for coach buses on Hordern Rd to address the large coaches. Council intends to apply a temporary traffic restriction to the majority of Little Switzerland Drive south of the Hordern Rd intersection. This proposal is currently on public exhibition.
A range of parking restrictions to improve visitor parking management was presented to the Local Traffic Committee for consideration and discussion. However the Committee
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determined that the matter be deferred to the next Local Traffic Committee meeting pending provision of a turning path analysis for buses, a review of proposed no standing signage and a site visit by the Committee.
2017.22 Radiance and Sunbeam Avenues, Blackheath – Closure of the gravel access road to Radiance & Sunbeam Avenues. The Local Traffic Committee have agreed in principle to the proposal. However a requirement for this type of traffic restriction is the provision of a full Traffic Management Plan, prepared by an accredited person, to Roads and Maritime Services for review and approval.
Therefore should the Council adopt the recommendations of the Local Traffic Committee in this matter, implementation will be subject to approval of the Traffic Management Plan by Roads and Maritime Services.
Sustainability Assessment Effects Positive Negative Environmental Improved guidance and safety for roadway Nil environment. Social Improved safety and access for road users. Nil Economic Reduced incidence of road crashes will reduce costs to Nil the community for property damage, personal injury and fatalities. Improved traffic guidance will provide more cost effective accessibility. Governance Complies with requirements for the Council to obtain Nil the advice and recommendations of the Local Traffic Committee prior to exercising delegated powers to approve traffic regulations and management of the local road network under the Transport.
Financial implications for the Council Where possible, any costs arising out of the implementation of recommended actions will be accommodated from within existing operational budgets. In the event of works being unable to be funded within operational budgets, such works will be assessed and scheduled into future Asset Works Programs.
Legal and risk management issues for the Council There are no legal or risk management issues from adopting or noting the recommendations in this report.
External consultation The membership of the Local Traffic Committee and as noted in the attached LTC meeting minutes.
Conclusion The recommendations of the Local Traffic Committee are submitted to the Council for approval and/or noting, where applicable.
ATTACHMENTS/ENCLOSURES
1 Local Traffic Committee Final Meeting Minutes Monday 18/23143 Attachment December 11, 2017
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Attachment 1 - Local Traffic Committee Final Meeting Minutes Monday December 11, 2017
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NOTICES OF MOTION
NOTICES OF MOTION Item 28, Ordinary Meeting, 27.02.18
ITEM NO: 28
SUBJECT: BOWEN'S CREEK FIRE TRAIL
FILE NO: F11178 - 18/28744
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor McGregor:
That the Council receives a briefing on the level of maintenance and resources required to make the road from Mount Irvine down to Bowen’s Creek safe and accessible for emergency vehicle use.
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- 245 - NOTICES OF MOTION Item 29, Ordinary Meeting, 27.02.18
ITEM NO: 29
SUBJECT: WINTER MAGIC FESTIVAL
FILE NO: F11178 - 18/28990
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Brown:
1. That the Council receives a report, prepared following consultation with Winter Magic Festival organisers, on how it can assist financially or with in-kind services and ongoing support to reduce the costs in future years that have put the Festival's viability at threat and led to its postponement this year; and
2. That the Council notes that the Winter Magic Festival was estimated to have contributed $2.4 million to the local economy last year.
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- 246 - NOTICES OF MOTION Item 30, Ordinary Meeting, 27.02.18
ITEM NO: 30
SUBJECT: KERB AND GUTTERING FOR ROBERTSWOOD AVENUE, MOUNT RIVERVIEW
FILE NO: F11178 - 18/33572
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Christie:
That the Council receives a report which investigates options:
to prioritise kerb and guttering for Robertswood Avenue, Mount Riverview; and to reduce the amount of areas without kerb and guttering for the Mount Riverview area.
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- 247 - NOTICES OF MOTION Item 31, Ordinary Meeting, 27.02.18
ITEM NO: 31
SUBJECT: SPEED CAMERA FOR GREAT WESTERN HIGHWAY AT WENTWORTH FALLS
FILE NO: F11178 - 18/36457
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Councillor Van der Kley:
1. That the Council writes to Melinda Pavey, Minister for Roads, Maritime and Freight, and Trish Doyle, Member for Blue Mountains, asking the Roads and Maritime Services (RMS) to investigate installing a speed camera on the east bound lanes of the Great Western Highway at Wentworth Falls; and
2. That the Council writes to the New South Wales Police Commissioner, Michael Fuller APM, seeking his support for the installation of a speed camera at this location, and should the investigation find that it is not supported, that Police task a greater presence of mobile speed cameras at this location on a more regularly basis.
Background Over the last number of years we have had a number of truck accidents at the traffic lights near Station Street, Wentworth Falls. Trucks and cars travelling east to Sydney travel to fast down the hill. Just recently a truck travelling east towards Wentworth Falls stopped in a hurry causing a major accident on the highway, causing major damage to the road infrastructure which meant complete resurfacing of the road.
I believe this to be a significant safety concern on this stretch of the highway that requires investigation by the RMS to implement actions to manage traffic speed in this location.
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- 248 - NOTICES OF MOTION Item 32, Ordinary Meeting, 27.02.18
ITEM NO: 32
SUBJECT: 170-174 LEURA MALL
FILE NO: F11178 - 18/36572
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Brown:
1. That the Council notes that; the report by Council's planning staff to the Independent Panel for Assessment and Heritage recommended that the heritage report by Lucas, Stapleton and Johnson commissioned and submitted by the current tenant of the building be used as the guide for the heritage restoration of the building;
the DA for the building included a schedule of works for basic maintenance provided by the NSW Master Buildings Inspectors dated June 2015 that estimated basic repairs could be undertaken for up to $90,000 if there are no live termites;
thermal imaging of the building for live termites was urgently advised by heritage, pest and building experts in 2015 and 2016; and
Shop 1 in the building has been empty for 2.5 years due to repairs needed for safety reasons;
2. That the Council urgently investigates and reports on the costs of thermal imaging and of safety and presentation repairs and maintenance to be undertaken under the supervision of an appropriately qualified heritage expert that would permit the leasing of both shops in the building with contracts that will allow the full restoration and future development of the building in a timely manner in due course;
3. That the new architectural brief for the schedule of conservation works and the new development be prepared in consultation with the IHAP, Council's Heritage Advisory Committee, councillors and following a public forum on the matter to which all submission writers for one or both DAs are personally invited along with the wider community; and
4. That no further architectural work be commissioned until the Councillors have received and approved a full financial report on the expenditure and rental losses since June 2015, expected costs of future work and anticipated returns on sale or rental of the property.
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- 249 - NOTICES OF MOTION Item 33, Ordinary Meeting, 27.02.18
ITEM NO: 33
SUBJECT: PEDESTRIAN AND VEHICLE SAFETY ON RAILWAY PARADE WEST, LEURA
FILE NO: F11178 - 18/36643
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Notice of Motion by Councillor Brown:
1. That the Council notes;
that Railway Parade west of Leura is not a regional link road between Katoomba and Leura but is being used as such by taxis, tradies, tourists and locals and that this has been exacerbated by the upgrade of the entrance to Railway Pde from Leura Mall; planning decisions for new residential development and the industrial estate at the end of the road where Bunnings will soon open; and the 50% increase in tourism over the last 5 years that has greatly increased traffic in the Leura-Katoomba area;
that preparation of the Leura Local Area Management Plan (LATM) is scheduled for June 2018 and that measures to ensure safety of pedestrians and vehicles along Railway Parade west of Leura Mall will be a priority;
that Council staff have undertaken preliminary assessment of immediate measures for Railway Parade including slashing of verges and overhanging branches, relocation of signs that are obstructing pedestrian passage, reconstruction of subsidence that endangers pedestrians or vehicles and other such practical measures; and
that the Leura LATM will be undertaken in consultation with local residents and businesses, including online 'have your say' and a public meeting; and
2. That the Council receives a report on the short-term safety measures for Railway Parade when they have been completed.
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PRECIS OF SELECTED CORRESPONDENCE
PRECIS OF SELECTED CORRESPONDENCE Item 34, Ordinary Meeting, 27.02.18
ITEM NO: 34
SUBJECT: PRECIS OF SELECTED CORRESPONDENCE
FILE NO: F11178 - 18/29708
Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk
Recommendation:
That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.
Correspondence Received by Council
1. 22 December 2017 – Geoffrey Brown, OAM, First Assistant Secretary, PFAS Taskforce, Department of the Prime Minister and Cabinet Letter to the Mayor regarding information about per-and-poly-fluoroalkyl substances (PFAS).
Correspondence Sent by Council
2. 14 December 2017 – Mayor Mary Lyons-Buckett, Mayor Hawkesbury City Council Letter from the Mayor regarding the Bell Quarry Rehabilitation Project.
3. 19 December 2017 – Hon. Ray Williams, MP, Minister for Multiculturalism and Minister for Disability Services Letter from the Mayor regarding the TEI and NDIS Reform Impacts. Copy to: Hon. Pru Goward, MP, Minister for Families and Community Services.
4. 3 January 2018 – Linda Scott, President LGNSW Letter from the Mayor and General Manager regarding the possible suspension of Council.
5. 3 January 2018 – Graeme Kelly, General Secretary United Services Union Letter from the Mayor regarding the support from the Union for our current asbestos issues.
6. 31 January 2018 – The Commissioner, NSW Rural Fire Service Letter from the General Manager regarding the funding required for Purchase of Crown Land to Enable Extensions to the Mt Wilson RFS Station.
ATTACHMENTS/ENCLOSURES 1 Letter to Mayor from Dept of the Prime Minister and Cabinet 17/269653 Attachment re - PFAS 2 Letter to Mayor Hawkesbury Council Mary Lyons-Buckett 17/257535 Attachment 3 C & CO letter to Minister Williams 15.12.17 17/263358 Attachment 4 For Precis Letter to LGNSW from Mayor and GM 18/2459 Attachment 5 For Precis - Letter to USU from Mayor and GM 18/2462 Attachment 6 Precis of Corro version - Letter to RFS Commissioner 18/26313 Attachment seeking funding for Compulsory Acquisition of Crown Land -
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- 253 - PRECIS OF SELECTED CORRESPONDENCE Item 34, Ordinary Meeting, 27.02.18
Attachment 1 - Letter to Mayor from Dept of the Prime Minister and Cabinet re - PFAS
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- 255 - PRECIS OF SELECTED CORRESPONDENCE Item 34, Ordinary Meeting, 27.02.18
Attachment 2 - Letter to Mayor Hawkesbury Council Mary Lyons-Buckett
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- 257 - PRECIS OF SELECTED CORRESPONDENCE Item 34, Ordinary Meeting, 27.02.18
Attachment 3 - C & CO letter to Minister Williams 15.12.17
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Attachment 4 - For Precis Letter to LGNSW from Mayor and GM
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Attachment 5 - For Precis - Letter to USU from Mayor and GM
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Attachment 6 - Precis of Corro version - Letter to RFS Commissioner seeking funding for Compulsory Acquisition of Crown Land -
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RESPONSES TO QUESTIONS WITH NOTICE
RESPONSES TO QUESTIONS WITH NOTICE Item 35, Ordinary Meeting, 27.02.18
ITEM NO: 35
SUBJECT: DOMESTIC WASTE OVERCHARGE
FILE NO: F11178 - 18/27283
Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management
Recommendation:
That the Council notes this report.
Report by Acting Group Manager Integrated Planning & Finance:
Questions With Notice At the Ordinary Meeting of the Council on 30 January 2018 the following Question with Notice was adopted:
1. “How many households have lodged successful complaints for overcharging on domestic waste bins since June 2016;
2. How long have they been found to be overcharged in total; and
3. What is the total figure repaid for the agreed period of up to 5 years.” [Minute No.29]
Response to Questions With Notice There have been a total of 63 successful complaints lodged for a rate adjustment in regards to overcharging on their domestic waste service since June 2016.
Following a review of those properties that have notified Council of a discrepancy in their charges, it has been confirmed that the majority, if not all, are historical (10+ years). For this reason, it is not possible to resource a full analysis and provide accurate information on how long they have been found to be overcharged in total.
Repayments to these ratepayers, for the agreed period of up to 5 years of overcharging, have totaled $93,723.
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- 267 - RESPONSES TO QUESTIONS WITH NOTICE Item 36, Ordinary Meeting, 27.02.18
ITEM NO: 36
SUBJECT: 170-174 LEURA MALL, LEURA
FILE NO: F11178 - 18/30281
Delivery Program Link Principal Activity: Using Land Service: Town Centres
Recommendation:
That the Council notes the responses provided to the Questions With Notice.
Report by Director City & Community Outcomes:
Questions With Notice At the Ordinary Meeting of Council on 30 January 2018, the following question with notice was adopted.
“1. How much has been spent and foregone in the management of the property at 170-174 Leura Mall from 1 June 2015 - 30 Jan 2018 as an itemised costing: All reports and plans on the building condition and structural adequacy, quantity surveyor estimates and other costings, heritage advice, DA architectural plans (x2) , heritage impact statements (x 2) and any other commissioned reports related to the management of the property and its DA; Maintenance; Public exhibition of the DAs x 2 (including printing, advertising, response to applicants and any other costs); Legal fees on leases, mediation, correspondence with councillors, tenants and the public and any other advice related to the property; IHAP establishment; Estimated staff time; Rental income foregone at 170-172 Leura Mall; Rental income foregone due to low rent in lieu of a long-term lease at 172-174 Leura Mall; and The forecast fees and expenses for the IHAP to undertake and conclude its deliberations in coming month(s).
2. When is the maintenance work and thermal imaging on the building at 170-174 Leura Mall scheduled to begin?” [Minute No. 28]
Response to Questions With Notice In response, the following information is provided:
1.a) How much has been spent and foregone in the management of the property at 170- 174 Leura Mall from 1 June 2015 - 30 Jan 2018 as an itemised costing:
• Site specific management costing is not available.
- 268 - RESPONSES TO QUESTIONS WITH NOTICE Item 36, Ordinary Meeting, 27.02.18
b) All reports and plans on the building condition and structural adequacy, quantity surveyor estimates and other costings, heritage advice, DA architectural plans, heritage impact statements and any other commissioned reports related to the management of the property and its DA;
• See below costs to date for all reports, plans relating to the DA application
DA costs to 6 Feb 2018 $80,712.55 Project Management Fees $10,000.00 Commitments $6,592.00 Total $97,304.55 c). Maintenance:
• A review of the Council works request identifies 10 call-out instances since mid-2015, with items ranging from dealing with graffiti and an overflowing grease-trap through to providing structural support for the building. The value of these works has a contract value of $3,260. d). Public exhibition of the DAs (including printing, advertising, response to applicants and any other costs);
• See below for DA/IHAP costs. e). Legal fees on leases, mediation, correspondence with Councillors, tenants and the public and any other advice related to the property:
• Council’s advisers have been contacted; however, this information is not available. f). IHAP establishment:
• See below for DA/IHAP costs. g). Estimated staff time:
• Staff time is not separately recorded by project, it is internalised to the operation of the budget. i). Rental income foregone at 170-172 Leura Mall, Leura;
In June 2015 a lease was prepared for an incoming tenant at 170-172 Leura Mall with a commencement rent of $72,000pa plus GST and a 4% increase in rent on each anniversary of the commencement date. Due to the condition of the building Council had to withdraw its offer to lease the property. The foregone rental is as follows:
Rental Period Annual Rent Annual Rent Rent Received (excl GST) (inc GST) 1/6/15 – 30/5/16 72,000 79,200 0 1/6/16 – 30/5/17 74,880 82,368 0 1/6/17 – 31/1/18 (245 days) 52,272 57,499 0 TOTALS 199,152 219,067 0 j) Rental income foregone due to below market - low rent for lease at 172-174 Leura Mall, Leura:
- 269 - RESPONSES TO QUESTIONS WITH NOTICE Item 36, Ordinary Meeting, 27.02.18
In 2011 Council engaged a Property Valuer to value 172-174 Leura Mall, Leura for the renewal of lease purposes. As at the 1 April 2011 the rental valuation of the property was calculated at $53,000pa plus GST. The annual rent figures in the table below were calculated by adding 4% per annum to the 2011 rental valuation.
Rental Annual Rent Annual Rent Rent Rent Subsidy Period (excl GST) (inc GST Charged Charged (incl GST) (excl GST) (incl GST) 1/6/15 - 28,911 31,802 17,458 19,204 12,598 25/11/15 (177 days) 26/11/15 - 62,003 68,203 36,000 39,600 28,603 25/11/16 26/11/16 – 64,483 70,931 36,000 39,600 31,331 25/11/17 26/11/17 - 12,127 13,340 6,510 7,161 6,179 31/1/18 (66 days) TOTALS 167,524 184,276 95,968 105,565 78,711
As a result the rental subsidy for period 1/6/15 – 31/1/18 totals $78,711. k). The forecast fees and expenses for the IHAP to undertake and conclude its deliberations in coming month(s).
Table 1 Costs associated with DA / IHAP process are as follows:
Item Comment Operational Establishment Assessment of IHAP costs of IHAP costs DA additional costs Venue Room Hire, $1,112 Hire/Meeting tea/coffee, venue Costs staff, audio recorder Notification $258 Letters Gazette $1,310 Adverts Legal $10,124.34 Advice Staff Time Overtime cost of $700.00 (5pm- IHAP meeting. 7.30pm) Consultants Heritage advice $19,426.00 Panel $14,500 Members Future IHAP Panel, $14,848 Costs advertising etc. Totals $31,598 $2,712 $27,710 Grand Total $62,027
3. When is the maintenance work and thermal imaging on the building at 170-174 Leura Mall scheduled to begin? - 270 - RESPONSES TO QUESTIONS WITH NOTICE Item 36, Ordinary Meeting, 27.02.18
• This will be part of any building works when the project is approved and scheduled to commence, subject to Council direction.
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