2011-17 12 October Agenda

File No. 100/11 Our Ref: EAJ

7 October 2011

Dear Councillor

You are kindly requested to attend an ORDINARY COUNCIL MEETING of Wingecarribee Shire Council to be held in the Council Chambers, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 commencing at 3.30pm .

Yours faithfully

Jason R Gordon General Manager

3.30pm Council Meeting begins 5.30pm Questions from the Public 6.30pm Closed Council B U S I N E S S

1. OPENING OF THE MEETING

2. PRAYER – CHAPLAIN JOHN WHEELER , TRANSPORT FOR CHRIST

3. APOLOGIES

4. ADOPTION OF MINUTES OF ORDINARY MEETING HELD ON WEDNESDAY , 28 SEPTEMBER 2011

5. BUSINESS ARISING FROM THE MINUTES

6. DECLARATIONS OF INTEREST

7. MAYORAL MINUTE (if any)

8. PUBLIC FORUM

9. OPEN COUNCIL CHAIRED BY CLR DAVID STRANGER

Visitor Matters Environment and Planning Corporate Services Infrastructure Services

10. COUNCIL MATTERS

General Manager Corporate Services

11. NOTICES OF MOTION

12. DELEGATES REPORTS

13. PETITIONS

14. QUESTIONS FROM THE PUBLIC

15. CORRESPONDENCE FOR ATTENTION

16. QUESTIONS WITH NOTICE

17. COMMITTEE REPORTS (Tabled)

18. COMMITTEE REPORTS (Attached)

19. GENERAL BUSINESS

20. CLOSED COUNCIL

Page 1

C O N T E N T S

VISITOR ITEMS ...... 7 ENVIRONMENT & PLANNING DIVISION...... 7 v-EP1 S82a Application to Review the Refusal Of LUA10/1090 for the Erection of A Mobile Phone Base Station Comprising 35 Metre High Monopole and an Equipment Shelter at Lot 129 DP 751282, Moss Vale Road, Burradoo...... 7 OPEN COUNCIL ...... 14 ENVIRONMENT & PLANNING DIVISION...... 14 o-EP1 Development Consents Determined by way of Approval under Delegated Authority ...... 14 o-EP2 List Of Land Use Applications Received By Council ...... 16 o-EP3 Draft Agreement between Council and the Southern Highlands Botanic Gardens Inc .....17 o-EP4 Joadja Heritage Site – Removal Of Caveat ...... 35 o-EP5 Appointments and Resignations of 355 Management Committee Members ...... 51 o-EP6 Nominations for Representatives on the Aboriginal Community and Cultural Centre Establishment Working Group ...... 54 o-EP7 Draft Smoke Free Outdoor Areas Policy Proposed for Public Exhibition ...... 58 o-EP8 Planning Proposal to amend the Land Use Table in Wingecarribee Local Environmental Plan 2010 ...... 65 CORPORATE SERVICES DIVISION ...... 74 o-CS1 Operational Property – Medium Term Financial Strategy and Reclassification of Certain Land ...... 74 o-CS2 Proposed Sale: 556 Argyle Street, Moss Vale and adjoining (No Street Number) Part Lot 1 Deposited Plan 730743 Argyle Street, Moss Vale, being “Operational” Land...... 77 o-CS3 Proposed Reclassification of (No Street Number) Lot A Deposited Plan 158069 Queen Street, Moss Vale, from “Operational” to “Community” Land ...... 85 o-CS4 Proposed Development and Sale (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale, being “Operational” Land ...... 90 o-CS5 Proposed sale: 5 Parkes Road Moss Vale and adjoining (No Street Number) Lot 1 Deposited Plan 819560 Lackey Road Moss Vale, being “Operational” Land ...... 96 o-CS6 Proposed Sale 17 Oxley Street Berrima, being “Operational” Land...... 101 o-CS7 Proposed sale 31 Church Street, Bundanoon, being “Operational” Land ...... 106 o-CS8 Proposed Sale 371 Drapers Road, Colo Vale being “Operational” Land ...... 111 o-CS9 Operational Use by Council of (No Street Number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale being vacant industrial land without dwelling entitlement...... 116 o-CS10 Proposed Sale (No Street Number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong and adjoining (No Street Number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong, being “operational” land...... 120 o-CS11 Proposed Sale and/or Transfer of (No Street Number) Lots 1, 2 & 6 Section 5 Deposited Plan 111201 Cook Street Mittagong and (No Street Number) Lot 9 Deposited Plan 728069 Cook Street Mittagong, being land classified as “operational” land...... 125 o-CS12 Proposed Reclassification (No Street Number) Lot 1 Deposited Plan 198289 Shepherd Street Bowral, being “Operational” Land ...... 129 o-CS13 Proposed Sale 16 Una Street Bowral being vacant “Operational” Land ...... 134 o-CS14 Proposed Reclassification of Part and Proposed Development and Sale of Part (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral Being Land Classified as “Community” Land ...... 139 o-CS15 Proposed Sale of Vacant “Operational” Land known as (No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top, (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top and 15 Harold St, Hill Top ...... 145 o-CS16 Department of Local Government Comparative Data 2009/10 ...... 152 o-CS17 Pecuniary Interest Returns as at 30 September 2011...... 157

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INFRASTRUCTURE SERVICES DIVISION ...... 159 o-IS1 Community Engagement Strategy For The Indoor Aquatic Centre ...... 159 o-IS2 Canyonleigh Road ...... 165 o-IS3 Provision of Design and Project Management Services for the Moss Vale Swimming Centre Upgrade...... 174 o-IS4 Provision Of Engineering Consultancy Services For Bridge Designs At Eight (8) Locations Within Wingecarribee Shire ...... 175 o-IS5 Cunningham Park - Master Plan and Plan of Management ...... 177 COUNCIL MATTERS...... 181 GENERAL MANAGER’S REPORTS ...... 181 c-GM1 Request for Leave of Absence – Mayor Clr Ken Halstead ...... 181 c-GM2 Election of Delegates and Representatives to Council Committees for 2011/2012 ...... 183 COMMITTEE REPORTS...... 217 COMMITTEE REPORTS ATTACHED...... 217 c-CR1 Minutes of the Resource Recovery Centre Strategic Advisory Board ( refer minutes page 218 ) ...... 217 CLOSED COUNCIL ...... 221 GENERAL MANAGER ...... 221 c-GM - 1 Closed Council...... 221 CLOSED COUNCIL ...... 224 cc-GM1 Provision Of Engineering Consultancy Services For Bridge Designs At Eight (8) Locations Within Wingecarribee Shire ...... 224 cc-GM2 Provision Of Design And Project Management Services For The Moss Vale Swimming Centre Upgrade...... 224

Page 3 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011

MISSION, VISION, VALUES

Our Mission, Our Vision, Our Values

OUR MISSION To create and nurture a vibrant and diverse community growing and working in harmony with our urban, agricultural and natural environments

Environment: ‘A community that values and protects the natural environment enhancing its health and diversity’

Economy: ‘A strong local economy that encourages and provides employment, business opportunities and tourism’

Leadership: ‘An innovative and effective OUR VISION organisation with strong leadership’

People: ‘A vibrant and diverse community living harmoniously, supported by innovative services and effective communication with Council’

Places: ‘Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability OUR VALUES Communication and teamwork

Service quality

Page 4 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011

COUNCIL CHAMBERS

WSC Council Chambers

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

No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

Minute Taker Liz Johnson General Manager Mayor Jason Gordon Halstead r o D ct te E ir e a n ec ir r s vi t o e l & ro or D rp c ul P n o vi a S la m C r c n e e P o n nt r S ry tt in D e e r L g I i g c a e nf re a n B e ra c n a M s to a rn n S tru r M e o ic er c v ls ha vi tu o e e ce re G N l B s r r te ea e rl P ey Councillor C McLaughlin oun cill Ma or uge Councillors r llor Co nci un Cou S ci lark tra llo C ng r er r C illo o c r u un e n Door p G c o ip i C h a llo C ir W r r T o o t u ll u i h d n c ig d c n r e i u n l w lo o k h r r C a A m

Media Table

Public Public

Page 5 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 DECLARATIONS OF INTEREST

DECLARATION OF INTEREST 101/3

Councillors are requested to declare any Pecuniary or Non Pecuniary Interests for items on the agenda and to complete the appropriate form to be handed-up at the Meeting.

Page 6 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

VISITOR ITEMS

ENVIRONMENT & PLANNING DIVISION v-EP1 S82a Application to Review the Refusal Of LUA10/1090 for the Erection of A Mobile Phone Base Station Comprising 35 Metre High Monopole and an Equipment Shelter at Lot 129 DP 751282, Moss Vale Road, Burradoo

Environment Reference: LUA2010/1090 Responsible Officer: Manager Environmental Assessment

PURPOSE OF REPORT

This report is about a s82A application to review the refusal of LUA10/1090 for the erection of a Mobile Phone Base Station comprising 35 metre high monopole and an equipment shelter in the north east corner of the Berrima Pony Club site on Lot 129 DP 751282 Moss Vale Road, Burradoo. In seeking the review of this decision, the applicant now proposes the erection of a Mobile Phone Base Station comprising 30 metre high monopole and an Equipment Shelter in the same location of the site.

This s82A application is presented to full Council for determination, as the original application for the 35 metre high monopole and equipment shelter was recommended by staff for approval, but refused by Council at its meeting of 13 April 2011.

REPORT

BACKGROUND

A copy of the report of Director Environment and Planning to the Council meeting of 13 April 2011, discussing the original proposal for the erection of a Mobile Phone Base Station comprising 35 metre high monopole and an Equipment Shelter in the north east corner of the Berrima Pony Club site on Lot 129 DP 751282 Moss Vale Road, Burradoo, is Attachment 1 .

The original report for the 35 metre high monopole and equipment shelter was recommended for approval, but refused by Council at its meeting of 13 April 2011.

A notice of refusal was issued 18 April 2011, containing five reasons for refusal being:

1. The proposed mobile phone base station and telecommunications tower (being 35 metres in height) is visually prominent and obtrusive, and not in character with the scenic value and qualities of the Burradoo area.

(Section 79C (1) (b), (c), (d) and (e) of the Environmental Planning & Assessment Act 1979.)

Page 7 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

2. The proposed mobile phone base station and telecommunications tower will be highly visible from a number of vantage points in Burradoo, is within close proximity to residences, and is of a scale which is not sympathetic nor in character with the existing residential character of Burradoo.

(Section 79C (1) (b), (c), (d) and (e) of the Environmental Planning & Assessment Act 1979.)

3. The proposed location of the mobile phone base station and telecommunications tower is considered unsuitable for the proposed development, due to visual impact.

(Section 79C (1) (c) of the Environmental Planning & Assessment Act 1979.)

4. The impact of electromagnetic energy upon the health of residents in nearby residential properties is not considered to be in the public interest.

(Section 79C (1) (e) of the Environmental Planning & Assessment Act 1979.)

5. Council were not advised of alternative sites for the proposed mobile phone base station and telecommunications tower, which is not considered to be in the public interest.

(Section 79C (1) (e) of the Environmental Planning & Assessment Act 1979. )

DETAILS OF PROPOSAL

This s.82A application now proposes the erection of a Mobile Phone Base Station comprising of a 30 metre high monopole and an equipment shelter in the same north east corner of the Berrima Pony Club site on Lot 129 DP 751282 Moss Vale Road, Burradoo.

This report will focus upon the submissions received regarding the 30 metre high monopole and an Equipment Shelter.

General considerations, including Site and Surrounding Development, Statutory Provisions, Wingecarribee LEP 2010, SEPP (Infrastructure) 2007, Rural Fires Act 1997 and the Drinking Water Catchments SEPP remain unchanged since the report to Council meeting of 13 April 2011.

Section 79C Evaluation

The matters in Section 79C have been considered and a summary is attached to the file.

CONSULTATION

Community Engagement The s.82A application was notified to more than 170 surrounding properties, including all persons who made a submission on the original application.

Sixteen submissions have been received raising concerns including:

Page 8 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Environmental Impacts • Increased concrete due to structure will increase runoff water into the flood plain. Land is heavily saturated by water, affected by flooding. Shale sub strata is poor foundation for buildings • Proposed tower and access road will reduce the density of flora and fauna

Comment: The environmental impacts of the 35 metre high tower proposal were previously discussed in Discussion of Major Issues section of the report to Council dated 13 April 2011 (see Attachment 1).

Visual impacts and effects upon the character of the Burradoo area • S.82A proposal is 5 metres lower than previous proposal, but Foldgarth Way properties will still be visually affected – to conclude that future landscaping will ultimately resolve the visual impact issue is presumptuous, and may well be false • A cherry picker should be erected showing the proposed 30 metre height • Visual impact will affect enjoyment of property and new nearby subdivisions, despite 5 metre height reduction. Ugly 30 metre high monstrosity with security fences. • High visual impact due to height above tree line. If surrounding trees die or are removed, or are damaged by high winds, the tower will be an exposed beacon / major eyesore. Tower will have a longer lifespan than the surrounding trees. Impact on streetscape. Blot on landscape. More than 20% of Burradoo will see this tower. • The 30 metre high mast will be higher than the surrounding trees – will any replanting obligation at the base of the mast be considered? Purported tree cover provided by the existing tree is incorrect. Tree cover is not permanent. • Visually polluting for both residents and the public utilising Moss Vale Rd • Proposed within a low portion of Burradoo, necessitating the building of a high tower that dwarfs surrounding environs. Prefer a high location away from housing. Locate in industrial area. • Eyesore / visual impact / impact upon tourism. Tower and removal of trees will ruin tranquil rural scene, spoil Pony Club grounds, Burradoo, with an impact too great upon this special pocket of Burradoo • Right to enjoy amenity of block will be affected by ugly tower, high wire security fences and associated hardware • Visual impact of access road will change current visual aspect. Heavy transport will plough up recreational area. • Why were other sites not chosen – should be in report so that residents are better informed. What alternatives have been presented to Council? • Telstra project may result in a proliferation of replica proposals, a precedent for significant industrial development in an unspoilt residential area. Already sufficient number of towers • Proposal will erode the character of the Burradoo residential area. Industrial character introduced. Precedent for further commercial / industrial development. • Other less populated and further afield alternatives with superior topographical features are available, away from the Pony Club site. Poor choice of site which is flood prone, poor geotechnical foundation for tower • Out of character with sophistication and residential / semi rural character of Burradoo. Natural amenity will not be maintained • Council beholden to maintain and protect the unspoilt natural environment of the area • Site tower in industrial area, in less inhabited area. Tower not suitable between a residential and recreational boundary

Page 9 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

• Site tower away from residential area • development does not provide a suitable transition between public open space and neighbouring residential areas. Proposal not permissible in zone. • Council is destroying the very reason people come to the Southern Highlands. Enjoyment of property will be adversely affected • the existence of a local water detention facility will affect the height of the piers supporting the equipment building, and therefore its visual impact. • The amended 30 metre high tower will have a greater horizontal protrusion, and therefore will be bulkier

Comment: The proposed 30 metre height is an improvement upon the previous 35 metre tower. The greater horizontal protrusion of antennae with the 30 metre high tower proposal is not considered to be visually prominent. Visual impacts and effects upon the character of the Burradoo area of the 35 metre tower proposal were previously discussed in Discussion of Major Issues section of the report to Council dated 13 April 2011 (see Attachment 1).

Health impacts • Potential negative health impacts over time • Exposure to mobile phone base emissions could pose serious health risks to residents, animals, livestock, general public, the aged in nearby retirement villages, young members of the Pony Club and Chevalier / Oxley school children who will be subject to continuous radiation, electromagnetic field emissions, radio frequency and microwave radiation, which is implicated in the cause of cancers, neurological disturbances, birth defects, and compromised immunity in humans and animals. Impact upon the densely populated residential area with a high number of children and schools. • An industry body, the Communications Alliance (formerly known as the Australian Communications Industry Forum), prepared an Industry Code specifying a precautionary approach for the building and operation of radio based telecommunications equipment in community sensitive locations including residential, schools and aged care centres. This site is inappropriate for such a proposal. Highly questionable whether Telstra has complied with this code. • Statement of Environmental Effects states economic enhancements due to improved communication – will perceived economic enhancements outweigh health problems? • Reduction in height may result in increase in transmission power, with increased health impacts

Comment: Health impacts of the 35 metre tower proposal were previously discussed in Discussion of Major Issues section of the report to Council dated 13 April 2011 (see Attachment 1 ).

Permissibility • Proposal not permissible in Public Recreation RE1 zone under WLEP 2010. Industrial developments prohibited. Loss of public open space • Proposal contrary to Council’s Planning documents which refer to Burradoo’s garden like character and lack of “hard” urban infrastructure such as kerb and guttering, paved footpaths and fully sealed road widths

Comment: Permissibility of the 35 metre tower proposal was previously discussed in Discussion of Major Issues section of the report to Council dated 13 April 2011 (see Attachment 1).

Page 10 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Devaluation of properties • Devaluation of properties, leading to litigation. Potential subdivision value of nearby residential lot significantly reduced. Keep unsightly, unhealthy infrastructure away from one of the Highlands most sought after real estate

Comment: The impact of a development upon the value of surrounding properties is not a matter for consideration in the assessment of a development application under s.79C of the EPA Act 1979

Role of Council and the public interest • Council should have developed a strategy / policy for towers in the period between the original and the revised application • Proposal not in the public interest – businesses will not benefit. Service in Burradoo is not inadequate – this is a commercial decision by Telstra to increase profits • Telstra’s rent for the site will presumably result in some increased fee or allowance to Council as Manager of the Crown Land, therefore potential conflict of interest, with political implications. Need for Council to clarify its intention and agenda on future development activity in Burradoo • Crown will receive substantial annual payments from Telstra. Was this Crown land selected because there would be less objection, and would provide a revenue stream?

Comment: The assessment of a development application is limited to those matters which are listed under s.79C of the EPA Act 1979. Increased / decreased rates or increased / decreased income to Council is not a matter for consideration in the development assessment process, and the objector’s concern that there is a possible conflict of interest for Councillors in this regard is highlighted to Councillors when they consider this application at full Council.

Council has not developed a strategy / policy for towers in the period between the original and the revised application, however Telstra representatives did provide an overview of their long term strategy for telecommunications infrastructure within the Shire at an Information Session with Councillors on 10 August. The critical issue arising from this presentation was that as demand for services continues to increase, pressure for infrastructure improvements will continue and due to a combination of topography demand and technology, options for the location of new infrastructure will be limited.

Co-location of telecommunication facilities upon an existing tower may occur without Council consent, as has occurred at Bong Bong racecourse. Council becomes aware of Telstra’s plans when a development application is submitted for a particular project, or when a letter advising of a proposed co-location is received.

The details submitted with the application (including plans, statement of environmental effects, electromagnetic energy report), subsequent site inspections and viewing of the cherry picker previously erected at the 35 metre height is sufficient to enable an assessment of the s.82A application for a 30 metre high monopole and an Equipment Shelter to occur.

The applicant advises that the existing mobile base station and tower upon Mt Gibraltar was once sufficient for coverage in the Bowral / Burradoo area, however with the increased use of wireless technology, wireless applications, and wireless conferencing, that the coverage and capacity from Mt Gibraltar facilities is insufficient, resulting in an insufficient “in building”

Page 11 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

signal for users. The proposed mobile base station monopole and equipment shelter is intentionally located in Burradoo so as to increase capacity and signal strength within the demand area.

SUSTAINABILITY ASSESSMENT

• Environment Environmental Impacts were previously discussed in Discussion of Major Issues section of the report to Council dated 13 April 2011 (see Attachment 1).

• Social It is considered that there are positive social impacts arising from this proposal as mobile telecommunications in all forms is now seen as a social norm. Without acceptable levels of access to the technology, locations could be seen to be socially disadvantaged.

• Culture Similar comment to Social above.

• Broader Economic Implications It is considered that there are no adverse economic effects arising from this proposal. It could be argued that positive impacts will result as better telecommunications will assist the conduct of business in the shire.

• Governance There are no governance issues attributable to this report.

RELATIONSHIP TO CORPORATE PLANS

There are no management plan issues or implications identified in this report.

POLICY IMPLICATIONS

There are no policy implications identified in this report.

COUNCIL BUDGET IMPLICATIONS

There are no budget implications identified in this report.

DISCUSSION OF KEY ISSUES

The discussion of key issues within the report of Director Environment and Planning to Council meeting of 13 April 2011 (see Attachment 1), remains applicable to this s.82A application for a 30 metre high monopole and an Equipment Shelter application.

The conclusion that the proposal warrants approval is considered appropriate.

CONCLUSION

The proposed mobile base station comprising a 30 metre high monopole and a 7.5 square metre equipment shelter is not considered to erode the objectives of the RE1 Public

Page 12 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

recreation zone under WLEP 2010 and, subject to conditions of consent as contained within Attachment 4 of the report of Director Environment and Planning to Council meeting of 13 April 2011, the proposal would be respectful of the adjoining R5 Large Lot Residential zone under WLEP 2010.

It is considered that the proposed mobile base station comprising a 30 metre high monopole and a 7.5 square metre equipment shelter is acceptable in terms of s.79C of the Environmental Planning and Assessment Act 1979. It is recommended that the s.82A application be approved containing conditions addressing additional planting of species from the Southern Highlands Shale Woodland Endangered Ecological Community, no construction of access road, and no removal of any species from the Southern Highlands Shale Woodland Endangered Ecological Community.

ATTACHMENTS

There is one attachment to this report which has been circulated separately:

1. Report of Director Environment and Planning to Council meeting of 13 April 2011

RECOMMENDATION

1. THAT the s82A application for the proposed mobile base station comprising a 30 metre high monopole and a 7.5 square metre equipment shelter be supported.

2. THAT authority is delegated to the General Manager to issue development approval for Development Application LUA2010/1090 for a 30 metre high monopole and an Equipment Shelter in the north east corner of the Berrima Pony Club site on Lot 129 DP 751282 Moss Vale Road, Burradoo.

3. THAT those people who made submissions be advised of Council’s decision

(Voting on the Motion)

Scott Lee Director Environment & Planning

7 October 2011

Page 13 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

OPEN COUNCIL

ENVIRONMENT & PLANNING DIVISION

o-EP1 Development Consents Determined by way of Approval under Delegated Authority

Reference: 5302 Responsible Officer: Manager Environmental Assessment

PURPOSE

Submitting list of development consents executed under delegated authority of the Director of Environment and Planning between 17 September 2011 and 30 September 2011.

RECOMMENDATION

THAT the information relating to Development Consent Nos 1 - 4 Approved and Nos 1 – 4 Non-approved under Delegated Authority be received and noted.

Development Applications (DAs) Determined by way of Approval 17.09.2011 to 30.09.2011

This list excludes all applications dealing with single residence dwellings and ancillary residential development, new dwellings or additions, garages and less than 2 lot subdivisions

ACTIVE DAYS = Number of Days of active assessment by Council INACTIVE DAYS = Number of days during which no assessment possible due to waiting for additional information or external referrals TOTAL ASSESSMENT PERIOD = Active Days + Inactive Days

APPROVAL

Property Total Property Property Appl/Proc Clock Delayed Date Legal Description Assessment No Address ID Days Days Finalised Desc Period 2 Ascot Road Lot 1 DP 1 83700 LUA11/0803 Strata DA 12 0 12 26/09/2011 Bowral 324251 29 Shepherd Lot 2 DP 2 1326800 Street LUA11/0730 Front Fence 42 0 42 27/09/2011 154958 Bowral 6 Old Dairy Lot 1 DP 3 1736050 Close LUA10/1061 Self Storage Units 48 280 328 27/09/2011 1053325 Moss Vale Section 96 (1a) Farnborough Lot 391 Modification - 4 1756100 Drive DP LUA11/0656 55 0 55 19/09/2011 DA32/28/290/82 Moss Vale 737061 20 Lot Subdivision

Page 14 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

NON-APPROVAL

Property Property Property Legal Appl/Proc Date Description Decision No Address Desc ID Finalised Bong Bong Dwelling with Attic Level & 1 204200 Road Lot 2 DP 618034 LUA08/0503 Cancelled 22/09/2011 Lap Pool Mittagong Bradman Oval Lot 11 DP & Cricket 787940 Mem 2 212200 LUA11/0746 Markets Withdrawn 21/09/2011 Boolwey Lot 12 DP Street 787940 Bowral 82 Burradoo 3 281101 Road Lot 1 DP 867680 LUA11/0451 Detached Dual Occupancy Withdrawn 22/09/2011 Burradoo 39 Stanley Lot 2 DP 4 1741400 Street LUA09/1056 New Dwelling Cancelled 22/09/2011 1067559 Hill Top

Page 15 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

o-EP2 List Of Land Use Applications Received By Council

Reference: 5302 Responsible Officer: Manager Environmental Assessment

PURPOSE

Submitting list of development applications which have been received between 17 September 2011 and 30 September 2011, some of which will be dealt with under delegated authority of the Director of Environment & Planning.

RECOMMENDATION

THAT the information regarding the List of Land Use Applications Nos 1 - 8 received by Council be received and noted.

Development Applications (DAs) Received –17.09.2011 to 30.9.2011 * This list excludes all applications dealing with single residence dwellings and ancillary residential development, new dwellings or additions, garages and less than 2 lot subdivisions

Property Property Property Appl/Proc Date Description Council Delegation No Address Legal Desc ID Created Primary School Bendooley Lot 1 DP Bowral Public 1 148100 LUA11/0849 20/09/2011 Street 802776 School Markets Bowral 48 Wattle Street Lot 4 Sec 11 2 427400 LUA11/0892 3 Lot Subdivision 30/09/2011 Colo Vale DP 2389 97 Lackey Road Lot 2 DP 3 832902 LUA11/0858 Factory Buildings 22/09/2011 Moss Vale 1003576 10 Oxford Street Lot 17 DP 2 x Lot 4 1702278 LUA11/0874 28/09/2011 Mittagong 12090 Subdivision Horderns Road Modification to 5 1726940 Bowral S/P 78022 LUA11/0869 Consent (Re: 26/09/2011 (Milton Park) DA32/27/3182/84) Robertson Sewerage Sewerage Treatment Plant Lot 1 DP 6 1745780 LUA11/0876 Treatment Plant 28/09/2011 Kangaloon Road 1077348 and Irrigation Robertson Area 1/4 Vera Street Lot 1 S/P New Consulting 7 1750070 LUA11/0877 28/09/2011 Hill Top 75970 Room Lot 2 DP Highlands Golf 101415 Course Part Lot 161 Construction of 8 1766240 Old Hume DP 751267 LUA11/0862 22/09/2011 Earth Mounds Highway Lot 1 DP Mittagong 101415 and 3 more

Page 16 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

o-EP3 Draft Agreement between Council and the Southern Highlands Botanic Gardens Inc

People Places Reference: 6500/22 Responsible Officer: Manager Strategic and Community Development

PURPOSE

To submit a Draft Agreement between Council and the Southern Highlands Botanic Gardens Inc (the Association) to enter into and to establish the Southern Highlands Botanic Gardens Establishment Committee to replace the Botanic Gardens Working Group.

SUMMARY

Council at its meeting held on 24 March 2010 considered a report on the outcomes of the preliminary community consultations which were undertaken to determine the communities support for the establishment of a Community Cultural Centre and Botanic Gardens on Council owned land at the corner of Old South Road and Kangaloon Road Bowral. In considering the public submissions, council resolved as follows:

1. THAT Council endorse the site at the corner of Kangaloon and Old South Roads in Bowral for the establishment of a Botanic Garden.

2. THAT Council acknowledge the offer of Southern Highlands Botanic Garden Inc to contribute funds and ongoing volunteer labour to assist in the establishment and maintenance of a Botanic Garden on the site.

3. THAT funding for the preparation of a Plan of Management for the site and initial work on an access point to the Garden be considered in Council’s 2010/2011 Budget.

4. THAT a Botanic Gardens Working Group be established with representation from Council and Southern Highlands Botanic Garden Inc to manage the project of establishing the Garden.

5. THAT the Botanic Gardens Working Group consider the possibility of including a Chinese Garden within the project.

6. THAT the Mayor write to the People’s Government of Zhengzhou thanking them for their invitation to participate in the 2 China Greening Expo and advising that Council is not in a position to participate at this time.

The purpose of this report is to:

• Update Council on the progress of the project • Detail a Draft Agreement between Council and the Association for execution to determine responsibilities during the establishment phase for the Gardens.

Page 17 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

• Replace the Botanic Gardens Working Group with the Southern Highlands Botanic Gardens Establishment Committee (the Committee).

DESCRIPTION OF PROPOSAL

BACKGROUND

Progress on the Establishment of the Southern Highlands Botanic Gardens

Since the endorsement by Council of the Bowral site for the purposes of establishing the Southern Highlands Botanic Gardens, a number of stages and processes have been completed. Provided below is a summary of the work completed to date:

• 24 March 2010 – Council endorsed site for Botanic Gardens • 16 June 2010 – First meeting of the Botanic Gardens Working Group • 28 September 2010 – Launch of the Botanic Gardens by the Governor of NSW, Her Excellency Professor Marie Bashir. • October 2010 – Consultants appointed to undertake the Plan of Management (POM) for the Botanic Gardens to be established on the site • 23 November 2010 – Public Hearing for classification of Botanic Gardens land under the POM • 15 December 2010 – Council adopted Draft POM for public consultation • 17 January 2011 – Exhibition of Draft POM commenced • 28 February 2011 – Public submissions for exhibition of POM close • 23 March 2011 – POM for the Southern Highlands Botanic Gardens adopted by Council • 12 August 2011 – Southern Highlands Botanic Gardens signs unveiled on site • August 2011 – Consultants appointed to prepare a Masterplan for the Gardens

It is noted that Council has also given development consent for the erection of security fencing along part of the perimeter of the site. Installation of the fence is yet to commence.

Draft Agreement between Council and the Association

An Agreement between Council and the Southern Highlands Botanic Gardens Inc (the Association) has been under preparation for a number of months. To this end it should be noted that some of the inclusions under the Agreement have already been completed. However retention of those completed items is worthwhile as it demonstrates the commitment of each party under the Agreement to establishing the Botanic Gardens.

The final Draft Agreement is included as Attachment 1 to this report. The draft Agreement has been accepted by the Association and their Solicitors as well as Council’s Internal Legal Officer.

Included as part of the Agreement is the formation of the Southern Highlands Botanic Gardens Establishment Committee detailed under Section 5 and in Schedule 1. This component of the Agreement will be elaborated on later in the report.

Schedule 2 of the Agreement details Council’s responsibilities under the Agreement whilst Schedule 3 details the Association’s responsibilities under the Agreement. The Agreement is set to run up until the Gardens are open to the public. As part of the planning for the

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Sesquicentenary Celebrations for Bowral in 2013, it is hoped that a small section of the Gardens will be opened to mark the 2013 celebrations.

In terms of Council’s commitments under the Agreement, below is an extract of Schedule 2.

• Funding the drafting and completion of a Master Plan for the development of the Gardens, in consultation with the Association and the Committee. • General maintenance including mowing. • Payment of rates and local government charges. • Provision of public liability insurance in accordance with clause 7 of this Agreement, subject to: o The provision by the Association to the Council of timely advance information as to the identity and activities of any paid contractors entering on to the site of the Gardens. • Payment of infrastructure costs such as power, water, sewer and gas. • Provision of plant and equipment as agreed between the parties from time to time. • Design and construction of carpark and drainage. • Preparation of traffic study. • To the extent permissible by law, assistance in the submission of Development Applications for the site.

Replacement of the Botanic Gardens Working Group with the Southern Highlands Botanic Gardens Establishment Committee (the Committee)

As mentioned earlier in the report, Council formally resolved on 24 March 2010 to set up a Working Group to establish the Gardens. The Working Group was made up of Council staff representing various sections of Council as well as two representatives of the Southern Highland Botanic Gardens Inc.

As the establishment of the Gardens has entered into a new phase and receiving significant public recognition as well as Council involvement, it is felt that it is appropriate in the public’s interest that the proceedings be open and transparent. To this end, it is recommended that the Working Group be replaced by the Southern Highlands Botanic Gardens Establishment Committee. The suggested make up of the Committee is as follows:

• A Councillor as the Chair • Two (2) delegates of Council as appointed by the General Manager • The President of the SHBG Inc • The Secretary of the SHBG inc • Up to three members of the SHBG Inc • A representative of the East Bowral Community Group

As part of the Draft Agreement, Schedule 1 includes a terms of Reference for the Committee. The Terms of reference includes the Role of the Committee which is as follows:

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4. To recommend to Council the preferred model for the Operation of the Gardens to be put in place. 5. To ensure that the terms of the Agreement are complied with at all times.

The Committee would be administered through Council.

In relation to the representative of the East Bowral Community Group it is considered appropriate to ensure that the interests of the East Bowral residents is reflected in the establishment of the Gardens. To this end, the East Bowral Community Group was contacted to ascertain their support or not for the inclusion of one of their members to become a member of the Committee. On 26 September by email, the East Bowral Community Group supported the invitation and has subsequently passed a resolution to nominate a member of the Group.

RELATED COUNCIL POLICY

The establishment of the Southern Highlands Botanic Gardens Establishment Committee has no relationship with an existing related Council Policy.

CONSULTATION

External Referrals

The Association has been consulted extensively on the terms of the Agreement set out in Attachment 1 . The Agreement and the membership of the Committee also facilitates external consultations through the East Bowral Working Group.

Internal Referrals

Council’s Internal Legal Officer has been party to the development of the Draft Agreement included as Attachment 1 .

Neighbour Notification (or Advertising)/Public Participation

Throughout the process of designing and establishing the Gardens, consultation with adjoining neighbours will be necessary. Already significant consultation has taken place.

SUSTAINABILITY ASSESSMENT

• Environment There are no environmental factors associated with this report in terms of the Draft Agreement and the formation of the SHBG Establishment Committee.

• Social The formation of the SHBG Establishment Committee will ensure open and transparent involvement of the community throughout the establishment phase of the Gardens

• Broader Economic Implications There are no Broader Economic Implications associated with this report in terms of the Draft Agreement and the formation of the SHBG Establishment Committee.

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• Culture There are no Cultural Implications associated with this report in terms of the Draft Agreement and the formation of the SHBG Establishment Committee.

• Governance The formation of the SHBG Establishment Committee addresses the need of open and transparent Governance. As part of the terms of the Agreement the Committee will also investigate the various options for the management of the Gardens post the Agreement. This is spelt out in Section 8 of the attached Agreement.

RELATIONSHIP TO CORPORATE PLANS

The establishment of the Botanic Gardens is listed in the 2011-2013 Delivery Program and the 2011-2012 Operational Plan for development through until June 2012 in terms of Community Engagement Outcomes. The preparation of the Masterplan will involve extensive Community Engagement and once completed will be the subject of a Development Application at which time the Masterplan will be formally exhibited for community comment.

BUDGET IMPLICATIONS

In May 2011, the Finance Committee considered a range of projects for funding and identified up to $150,000 as seed funding for the Botanic Gardens to be part of the Ten Year Financial Plan funded through the IRS. Further contributions to the Botanic Gardens project are in the process of consideration as part of the expenditure of Section 94 Funds allocated to public infrastructure within the East Bowral Residential Release Area. This will be the subject of a separate report to Council in the near future.

There are no budget implications associated with the formation of the Southern Highlands Botanic Gardens Establishment Committee however the Committee will not be able to achieve all of its objectives without the $150,000 previously mentioned. The Finance Committee was due to consider a review of the IRS budget status at its meeting of 12 October.

OPTIONS

1. That the Draft Agreement and formation of the Southern Highlands Botanic Gardens Establishment Committee be endorsed 2. That the Draft Agreement and formation of the Southern Highlands Botanic Gardens Establishment Committee not be endorsed 3. That the Draft Agreement and formation of the Southern Highlands Botanic Gardens Establishment Committee be altered by Council

ATTACHMENTS

There is one attachment to this report (as follows):

1. Draft Agreement between Council and the Southern Highlands Botanic Gardens Inc

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RECOMMENDATION

1. THAT the Draft Agreement for the establishment of the Southern Highlands Botanic Gardens as detailed in Attachment 1 to the report be entered into and executed under the Common Seal of the Council.

2. THAT the formation of the Southern Highlands Botanic Gardens Establishment Committee to replace the Botanic Gardens Working Group be endorsed.

3. THAT the Terms of Reference as included in Schedule 1of the report become part of Council’s Committee Structure.

4. THAT a Councillor be nominated to the Committee in the position of Chair.

5. THAT the Southern Highlands Botanic Gardens Inc be advised of Council’s decision.

6. THAT the East Bowral Community Group be advised in writing that their participation on the Committee has been endorsed.

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ATTACHMENT 1 – DRAFT AGREEMENT

THIS AGREEMENT made the day of 2011

BETWEEN: THE COUNCIL OF THE SHIRE OF WINGECARRIBEE of Civic Centre, Elizabeth Street, Moss Vale (“the Council”) AND SOUTHERN HIGHLANDS BOTANIC GARDENS INC ABN 68 635 660 218 (“the Association”)

RECITALS A. The Council has prepared a Plan of Management for the establishment of the Southern Highlands Botanic Gardens at East Bowral. B. The Association, with the assistance of the Council, wants to develop the Gardens by planning, planting and developing the Gardens as a point of interest in the Wingecarribee Shire. C. The parties have reached agreement relating to the design, planning, planting and development of the Gardens and wish to record those binding agreements in this document. D. Furthermore, the Association and the Council have also reached an in-principle agreement in relation to the future operation and maintenance of the Gardens, and wish to record this in-principle agreement as a non-binding expression of intent in this document.

OPERATIVE PART 1. The words in parenthesis in this paragraph when used in this Agreement have the meaning ascribed to them as follows: “the Gardens” means the Southern Highlands Botanic Gardens to be established at East Bowral in accordance with the Plan. “the Plan” means the Plan of Management prepared by the Council for the Gardens. “Business day” excludes any day in New South Wales that is a recognised bank holiday, public holiday or weekend. “Normally” means subject to any other provision in this Agreement. 2. Interpretation In this Agreement, the interpretation in this paragraph applies:

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2.1 A word or expression in the singular includes the plural, and vice versa. 2.2 A reference to any party shall mean and include a reference to that party, his successors or personal representatives (as the case may be) and permitted assigns. 2.3 Any one gender reference includes the other genders. 2.4 The word “person” includes a corporation. 2.5 Except in any Schedule to this Agreement, headings shall not affect the construction of this Agreement. 2.6 Any provision of this Agreement which is or becomes illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining provisions. 2.7 No remedy available to any party in this Agreement is exclusive of any other remedy and the election by a party of one or more remedies shall not waive that party’s right to pursue any or all other available remedies. 2.8 A reference in this Agreement to a statute or a section of a statute includes all amendments to that statute or sections passed in substitution for the statute or section referred to or incorporating any of its provision. 2.9 Any waiver or forbearance in regard to the performance of this Agreement shall operate only if in writing and shall apply only to the specified instance, and shall not affect the existence and continued applicability of the terms of it thereafter. 2.10 This Agreement embodies all of the terms binding between the parties and replaces all previous representations or proposals not embodied herein. 2.11 This Agreement shall be governed and construed in accordance with the Laws of New South Wales, and each of the parties hereby submits to the non- exclusive jurisdiction of the courts of that state. 2.12 This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, but all of such counterparts together shall constitute one and the same instrument. 2.13 If any party to this Agreement consists of more than one person, then the liability of those persons shall be joint and several. However, nothing in this agreement imposes any liability in respect of the maintenance of this agreement on any member of staff or elected official of the Council.

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2.14 Either party may make any covenant or condition in this Agreement an essential term of this Agreement by giving the other party fourteen (14) days prior written notice. 2.15 The lawful termination of this Agreement by a party shall not affect that party’s rights or liabilities arising before the date of termination. 2.16 This Agreement may only be varied or replaced by a document in writing duly executed by the parties. 2.17 Except as otherwise provided in this Agreement, no party shall be entitled to assign or purport to assign, mortgage, charge or otherwise encumber the benefit of this Agreement (or to purport to do these things) without the prior written consent of the other party or parties. 2.18 Unless this Agreement expressly states otherwise: (a) if the time for something to be done or to happen is not stated, it is a reasonable time. (b) if there are conflicting times for something to be done or to happen, the latest of those times applies. (c) the time for one thing to be done or to happen does not extend the time for another thing to be done or to happen. (d) if the time for something to be done or to happen is the 29th, 30th or 31st day of the month, and the day does not exist, the time is instead the last day of the month. (e) if the time for something to be done or to happen is a day that is not a Business Day, the time is extended to the next Business Day. (f) normally, the time by which something must be done is fixed but not essential. The expiration of a time limit must be a business day. 2.19 Headings of clauses have been inserted for guidance only and do not and shall not be deemed to form part of this Agreement. 3. Notices A document under or relating to this Agreement is: a) signed by a party if it is signed by the party or the party's lawyer; b) served if it is served by the party or the party's lawyer; c) served if it is served in any manner provided in section 170 of the Conveyancing Act 1919;

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d) served on a person if it (or a copy of it) comes into the possession of the person; and e) served at the earliest time it is served, if it is served more than once.

4. Term 4.1 This agreement shall commence on the date of execution by the parties (“the Commencement Date”), and conclude on 31 December, 2013 (“the Expiration Date”), subject to the provisions of this section (“the Term”). 4.2 Should the parties agree that the objectives of this agreement have not been fulfilled by the Expiration Date, the parties may, by written instrument executed by both parties and within sixty (60) days of the passing of the Expiration Date, agree to extend the operation of this agreement for an additional term of up to two (2) years. 4.3 Should the parties agree that the objectives of this agreement have been fulfilled at any time before the Expiration Date, the parties may, by written instrument executed by both parties, end this agreement and/or substitute a new agreement in its place. 5. Committee 5.1 This agreement recognises the establishment of the Southern Highlands Botanic Gardens Establishment Committee (“the Committee”). 5.2 The Terms of Reference of the Committee are incorporated into this agreement as Schedule 1. 5.3 The Committee shall comprise of the following members: 5.3.1 The President of the Association, whomever that may be from time to time, or his alternate; 5.3.2 The Secretary of the Association, whomever that may be from time to time, or his alternate; 5.3.3 Up to three (3) further members of the Association, to be nominated and appointed by the Association from time to time; 5.3.4 Two delegates of the Council, to be appointed by the General Manager of the Council; 5.3.5 An elected member of the Council, to be nominated and appointed by the Council, sitting as chairperson. 5.3.6 A representative of the East Bowral Community Group 5.4 A quorum for meetings of the Committee is a majority of its members.

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5.5 The members of the Association represented on the Committee shall convey periodic updates between the Committee and the Association.

6. Agreements 6.1 During the Term, the Council and the Association agree that the Council will be responsible, at its cost, for those matters referred to in Schedule 2. 6.2 During the Term, the Parties agree that the Association will be responsible, at its cost, for those matters referred to in Schedule 3. 6.3 Any conflict in relation to the matters listed in Schedule 2 or 3 shall first be referred to the Committee for discussion prior to any further action being taken by the parties under this agreement. 6.4 The parties agree that the engagement of contractors and the purchase of significant assets in relation to the design and development of the Gardens will be undertaken in accordance with the purchasing policies of the Council and the legal requirements of inter alia the Local Government Act 1993 and the Local Government (General) Regulation 2005 . The Committee is tasked with ensuring compliance with these requirements.

7. Public Liability Insurance 7.1 Both Council and the Association shall keep current at all times during the Term a policy of public risk insurance in respect of the Gardens covering an amount not less than twenty million dollars ($20,000,000) for any single event, or such higher amount as the parties may from time to time reasonably determine.

8. Expression of Future Intent 8.1 The provisions of this section of the agreement are not intended to be binding on either party, and are instead intended as an expression of future intent by the parties upon the completion of the Gardens and the conclusion of this agreement. 8.2 Upon the completion of the Gardens, whether before or after the Expiration Date, it is anticipated that this agreement will come to an end in accordance with the provisions of section 4 herein (“the Commencement of Operations”).

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8.3 Upon the Commencement of Operations, the Council intends to offer the Association an appropriate interest or estate over the Gardens. This may be in the form of: 8.3.1 An appropriate lease (as permissible under relevant Local Government Legislation); 8.3.2 An appropriate license arrangement; 8.3.3 An appropriate interest in a committee established to operate the Gardens under s.355 of the Local Government Act 1993 ; 8.3.4 Some other appropriate arrangement as may be agreed between the parties upon the Commencement of Operations. 8.4 Upon the Commencement of Operations, the Association and the Council undertake to negotiate the terms of the interest or estate referred to in this clause in good faith with the intent of providing the Association with the day- to-day responsibility of operating and maintaining the Gardens in a sustainable manner.

9. Mediation and Arbitration of Disputes 9.1 To the extent that there be any conflict between the provisions of the Civil Procedure Act 2005 and the terms and/or procedures set out in this paragraph, then the terms/procedures of this paragraph are intended to prevail to the extent of the inconsistency, and to the extent the law allows. 9.2 Upon any dispute occurring between the parties to this agreement in respect of its interpretation or application, the following provisions are to apply. 9.3 After discussion by the Committee in accordance with clause 6.3 herein, the dispute must first be referred to mediation as follows. 9.3.1 The mediator must be a practising mediator agreed upon by the parties and failing agreement within fourteen days of a request to do so as shall be nominated by the President for the time being of the Law Society of New South Wales. 9.3.2 Subject to the provisions of this agreement, the mediation shall be in accordance with the code of procedure set out by Part 4 of the Civil Procedure Act 2005. 9.3.3 The parties will be jointly responsible for the fees of the mediation and each must pay their own costs in respect of it. 9.3.4 The parties may be legally represented.

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9.4 If the parties are unable to resolve their dispute with the assistance of the mediation their dispute must then be referred to arbitration as follows. 9.4.1 The mediator must— 9.4.1.1 Within fourteen days, apply to the Law Society of New South Wales for the appointment of an arbitrator. 9.4.1.2 With the assistance of the parties define the issues remaining unresolved. 9.4.1.3 Provide the arbitrator with a summary of the matters in dispute. 9.4.2 The arbitrator must proceed to determine those issues in accordance with the relevant and appropriate procedures set out in Part 5 of the Civil Procedure Act 2005. 9.4.3 The parties shall be bound by the arbitrator's determination. 9.4.4 The parties will be jointly responsible for the fees of the arbitration and must each pay their own costs in respect of it. 9.4.5 The parties may be legally represented. 9.5 It shall be a condition precedent to the bringing of any legal proceedings in the courts or tribunals having jurisdiction in respect of any such dispute that the parties first adopt the procedures provided by this clause.

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SIGNED BY THE PARTIES AS AN AGREEMENT on the date above.

THE SEAL of the WINGECARRIBEE ) SHIRE COUNCIL was affixed hereto ) pursuant to a Resolution of Council ) in the presence of: )

………………………………… ………………………………… General Manager Mayor

EXECUTED BY SOUTHERN ) HIGHLANDS BOTANIC GARDENS INC ) ABN 68 635 660 218 by the President ) whose signature is opposite, and in the ) presence of the Secretary )

………………………………… ………………………………… Secretary President

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Council & SHBG Agreement 13.09.2011.doc SCHEDULE 1 TERMS OF REFERENCE SOUTHERN HIGHLANDS BOTANIC GARDENS ESTABLISHMENT COMMITTEE File No 6500/22

OBJECTIVES

To oversee the establishment of the Southern Highlands Botanic Gardens.

ROLE

1. To supervise the preparation of the Master Plan. 2. To seek funding from appropriate sources. 3. To involve the community where required in the planning, establishment and development of the gardens. 4. To recommend to Council the preferred model for the Operation of the Gardens to be put in place. 5. To ensure that the terms of the Agreement are complied with at all times.

MEMBERSHIP OF COMMITTEE

1. The Committee shall comprise of the following members: (a) The President of the Association, whomever that may be from time to time, or his alternate; (b) The Secretary of the Association, whomever that may be from time to time, or his alternate; (c) A further three (3) members of the Association, to be nominated and appointed by the Association from time to time; (d) Two delegates of the Council, to be appointed by the General Manager of the Council; (e) An elected member of the Council, to be nominated and appointed by the Council, sitting as chairperson. (f) A Representative of the East Bowral Community Group 2. A quorum for meetings of the Committee is a majority of its members.

MEETINGS The Committee will meet bi-monthly or as required by the Councillor Chair of the Committee. The Committee will also meet with the Southern Highlands Botanic Gardens Inc once a year during the existence of the Committee.

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SCHEDULE 2 THE COUNCIL’S RESPONSIBILITY

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SCHEDULE 3 THE ASSOCIATION’S RESPONSIBILITY

• Provision of appropriate insurance for Association volunteers working in that capacity in the Gardens. • Provision of appropriate public liability insurance in accordance with clause 7 of this Agreement. • Fundraising. • Applying for grants. • Seeking sponsorships. • Volunteers (subject to availability) to carry out practical tasks, e.g. weeding, planting and so on. • Management of the design and development of the Gardens, subject to any determinations of the Committee and with regard to the terms of reference of the Committee as outlined in Schedule 1 hereto. • Preparation and lodgement of a Development Application for the staged development of the Gardens, consistent with the Master Plan commissioned by Council under Schedule 2. • Provision of annual reports to Council. • Negotiating a final arrangement in relation to the ongoing operation and maintenance of the Gardens upon the Commencement of Operations.

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DATED : 2011

AGREEMENT

BETWEEN

THE COUNCIL OF THE SHIRE OF WINGECARRIBEE

AND

SOUTHERN HIGHLANDS BOTANIC GARDENS INC

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o-EP4 Joadja Heritage Site – Removal Of Caveat

Environment Reference: LUA06/0994 Responsible Officer: Manager Environmental Assessment

REPORT

BACKGROUND

On 11 April 2007, Council approved an eleven (11) lot subdivision of land adjoining the Joadja Heritage Site. Attachment 1 is a locality plan and Attachment 2 shows the approved subdivision layout. Ten (10) of the approved lots were well below the normal minimum requirement of 40 hectares for the creation of new allotments, ranging in size from approximately 3 hectares to 9 hectares. There was one large residual lot of approximately 82 hectares. This departure from the normal standard was supported by Council and the Department of Planning on the basis that a proportion of the sale price of each lot would be collected by Council to fund conservation and restoration works on the adjoining Joadja Heritage Site.

The mechanisms for this to occur were through caveats on the individual lots and the establishment of the Joadja Heritage Trust. At the time of sale of each lot, a sum of $55,000 is to be paid to Council, to be administered by the Joadja Heritage Trust. The Deed between the parties establishing this is Attachment 3 .

A first stage of the 11 lot subdivision was registered and 5 lots plus a residual parcel exist. Caveats exist on all the relevant lots as required by the conditions of consent of LUA06/0994.

Unfortunately for the original owner/applicant, both the Joadja Heritage Site and the land subject to LUA06/0994 are now in the hands of receivers. They have secured a purchaser for Lot 5 within the first stage of the subdivision and after some discussions with Council staff, have indicated a willingness to provide the required $55,000 to the Trust but have requested the withdrawal of the caveat over Lot 5. The letter from Blake Dawson is Attachment 4 . Lot 5 is a larger residual lot of approximately 105 hectares which under the terms of LUA06/0994 could be further subdivided into 5 lots. However, if this was contemplated in the future, each of the additional lots created would be subject to the caveat.

Comment from Council’s Legal Officer

Council’s Legal officer has been involved in discussions with the Receivers and as a result as provided the following comments:

The legal effect of a caveat is to alert any possible purchaser of a property of a possible charge, or burden, on the title. This prevents the purchaser from buying the property without notice of such a burden on title. In this case, the caveat in favour of Council served to alert a possible purchaser that Council had a financial interest in the lot in question, such that the consent required the payment of the sum of $55,000 to Council (intended for the Joadja Heritage Trust) upon the sale of the lot.

To this end, the caveat has served its purpose. The lot in question is now under contract, and as such the purchasers seek the removal of the caveat in return for their payment to

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Council of $55,000 towards the Joadja Heritage Trust. Such payment, as already mentioned, is in accordance with the consent.

In order to facilitate the removal of the caveat, Council must resolve to permit the General Manager to remove the caveat, and must further resolve to approve the affixing of the Common Seal of Council to the Withdrawal of Caveat instrument (together with any other instrument that may be necessary to give effect to the withdrawal). The instrument may then be returned to the purchaser, and the purchaser will then arrange for the registration of the instrument with NSW Land and Property Information ("LPMA").

Should the purchasers pay the $55,000 to Council, and Council elect not to remove the caveat, Council would be in breach of its obligations under the consent and open itself up to possible legal action for damages by either the purchaser or seller (or possibly both).

There is no apparent utility in maintaining the caveat except to secure the payment of the $55,000 sum under the consent.

As such, the removal of the caveat upon payment of the prescribed sum by the purchaser is recommended from a legal standpoint.

MANAGEMENT PLAN ISSUES OR IMPLICATIONS

There are no Management Plan implications.

POLICY IMPLICATIONS

There is no specific Policy of Council relevant to this matter. The circumstances of this case were unique and as a result Council took a position that was tailored to provide a positive heritage outcome.

BUDGET IMPLICATIONS

There are no direct budget implications to Council arising from this matter. The caveats on the individual properties are there to ensure that there are funds available to the Joadja Heritage Trust to carry out restoration and conservation works within the Joadja Heritage site. No other budget exists for these works.

ECOLOGICALLY SUSTAINABLE DEVELOPMENT ISSUES

• Environmental Factors The environmental factors associated with the subdivision were considered as part of the assessment of LUA06/0994.

• Social Factors There are no social implications arising from this matter

• Broader Economic Implications There may be broader economic spinoffs from the conservation of the Joadja Heritage site as it has the potential to be a significant tourist attraction.

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• Culture The Wingecarribee Shire is renowned as a place that is respectful of heritage and this matter supports that culture.

• Governance Removal of the caveat upon payment of the funds to the Trust is in accordance with how the original development consent for subdivision was structured.

CONCLUSION

The withdrawal of the caveat is reasonable as it is no longer required once the $55,000 is paid to the Joadja Heritage Trust. This is what was envisaged by the conditions of development consent LUA06/0994.

A logical next step would be to convene a meeting of the Joadja Heritage Trust to meet with the new owners of the Joadja Heritage Site and discuss a suitable plan for expenditure of the funds.

ATTACHMENTS

There are four (4) attachments to this report:

1. Locality map of subject land 2. Plan of approved subdivision 3. Deed between WSC and original owners 4. Letter from Blake Dawson of 23 September requesting withdrawal of Caveat

RECOMMENDATION

1. THAT upon receipt of the required $55,000, Council provides a registrable Withdrawal of Caveat AF952175 over Lot 5 DP 1142305, Joadja Road, Joadja AND THAT the Withdrawal of Caveat and any other document required to remove the caveat, be executed under the Common Seal of the Council.

2. THAT in relation to 1 above the $55,000 be placed in the Joadja Heritage Trust for its intended purpose of conservation and restoration works within the Joadja Heritage site.

3. THAT a meeting of the Joadja Heritage Trust be convened in conjunction with the next meeting of the Heritage Working Group to discuss suitable plans for the expenditure of the $55,000.

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Page 38 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 39 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 40 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 41 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 42 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 43 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 44 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 45 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 46 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 47 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 48 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 49 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 50 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

o-EP5 Appointments and Resignations of 355 Management Committee Members

Leadership Reference: 7182/1, 6529/5.1 Responsible Officer: Manager Strategic & Community Development

PURPOSE

To report on the appointments and resignations of 355 Management Committee Members.

SUMMARY

The purpose of this report is to detail the nominations to and resignations of 355 Management Committee Members and the recommendations of the respective Management Committees.

DESCRIPTION OF ITEM

1. Loseby Park Youth Centre Management Committee File No: 7182/1

Loseby Park Youth Centre Management Committee received with regret the resignation of Ms Barbara Balog from the Committee.

Committee Recommendations:

1.1 THAT Council accepts with regret the resignation of Ms Barbara Balog from the Loseby Park Youth Centre Management Committee and THAT Ms Balog be notified of Council’s determination.

2. Bundanoon Oval and Ferndale Reserve Management Committee File No: 6529/5.1

Bundanoon Oval and Ferndale Reserve Management Committee at its Annual General Meeting held on 13 September 2011 received the nominations of Mr Ralph Clark and Mr Denis Garbutt to the Committee.

Committee Recommendations:

2.1 THAT Council appoints Mr Ralph Clark and Mr Denis Garbutt to the Bundanoon Oval and Ferndale Reserve Management Committee and THAT Mr Clark and Mr Garbutt be notified of Council’s determination.

STATUTORY ASSESSMENT

N/A

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CONSULTATION

The nominations and resignations of each individual are referred to the relevant 355 Management Committees for consideration and the Committees’ recommendations are detailed in a report for Council’s consideration.

SUSTAINABILITY ASSESSMENT

• Environment The matters dealt with under this report have no environmental relevance.

• Governance Section 355 of the Local Government Act 1993 sets out how a Council is permitted to exercise its functions. One option is through the delegation of a range of powers and responsibilities to a Committee of Council.

The purpose of this report is to formalise the appointment and resignation of volunteers to Council’s 355 Management Committees.

• Social Wingecarribee Shire Council has an ongoing commitment to ensure that community facilities and resources are available to meet the broad needs of the local community.

Council has undertaken to involve the community in the planning, development and management of these facilities and to encourage individuals, each with their own level of skills and experience, to participate in activities and to promote the inclusion of all sections of the community by delegating the management of its facilities to volunteer committees.

• Culture The matters dealt with under this report have no cultural relevance.

• Broader Economic Implications The matters dealt with under this report have no economic implications.

BUDGET IMPLICATIONS

Nil

RELATED COUNCIL POLICY

Management of 355 Volunteer Committees Policy

When a vacancy occurs in Committees, Council seeks expressions of interest from the community to fill the vacancies.

Page 52 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

OPTIONS

1. Council endorse the recommendations submitted by the 355 Management Committees as outlined in this report.

2. Council reject the recommendations submitted by the 355 Management Committees.

ATTACHMENTS

There are no attachments to this report.

RECOMMENDATION

1. THAT Council accepts with regret the resignation of Ms Barbara Balog from the Loseby Park Youth Centre Management Committee AND THAT Ms Balog be notified of Council’s determination.

2. THAT Council appoints Mr Ralph Clark and Mr Denis Garbutt to the Bundanoon Oval and Ferndale Reserve Management Committee AND THAT Mr Clark and Mr Garbutt be notified of Council’s determination.

3. THAT Loseby Park Youth Centre Management Committee and Bundanoon Oval and Ferndale Reserve Management Committee be notified of Council’s determination.

Page 53 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

o-EP6 Nominations for Representatives on the Aboriginal Community and Cultural Centre Establishment Working Group

People Reference: 826/14 Responsible Officer: Manager Strategic and Community Development

PURPOSE

To advise Council of the nominations received for the formation of a Working Group to oversee the establishment of the Aboriginal Community and Cultural Centre.

SUMMARY

Council at its meeting held on 8 June 2011 considered a report on the update for the establishment of a Permanent Aboriginal Community and Cultural Centre at Mineral Springs Reserve, Mittagong and resolved as follows:

1. THAT Council confirm in writing with the Southern Highlands Foursquare Church that it has until 31 May 2012 to vacate the Mineral Springs Hall at Mineral Springs Reserve Mittagong AND THAT Council officers continue to provide assistance to the Southern Highlands Foursquare Church to find alternative premises within the required timeframe.

2. THAT Council write to the local Aboriginal Associations and Corporations advising them of Council’s decision.

3. THAT Council convene a meeting with the local Aboriginal Community seeking input into the establishment of the Cultural Centre and to consider management models for the Cultural Centre.

4. THAT a Plan of Management for the site be developed as a priority to coincide with the change of tenants.

5. THAT Council thank the Foursquare Church for its tenancy of the property over the past eighteen (18) years.

The purpose of this report is to deal with Item 3 of the above Council resolution.

In accordance with the resolution, Council invited the current Local Aboriginal Associations to nominate two (2) representatives to a meeting with Council to discuss the process of fulfilling Council’s and the community’s intentions of establishing a Permanent Aboriginal Community and Cultural Centre. The meeting was subsequently held on 31 August 2011. The Council was represented by Councillor Whipper who chaired the meeting, the General Manager, Director Environment and Planning, Manager Strategic and Community Development and the Aboriginal Liaison Officer. The Local Aboriginal Associations invited were Yamanda Aboriginal Association, Kula N’ Gadu, Mirri Mirri Bunderra, Moyengully and Gibbergunyah Aboriginal Association as well as the current Coordinator of the Guthawah Aboriginal Community Centre. The meeting was attended by 4 representatives from the Aboriginal Groups and the Coordinator of the Guthawah Aboriginal Community Centre.

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One of the outcomes of the meeting was the formation of a Working Group of Council and community representatives to oversee the establishment process for the permanent centre. The agreed process was to write to the current Aboriginal Associations inviting them to make a nomination as well as advertising in the local newspapers seeking community nominations.

Advertisements were placed in the local newspapers on 7 and 14 September. The closing date for the nominations was 21 September 2011.

Nominations Received

By the close of the nomination period a number of expressions of interest were received from 2 Aboriginal groups/associations (Yamanda Aboriginal Association and Gibbergunyah Aboriginal Association) and 2 individuals. The names of the nominated persons received are listed below. For Councillor’s information the written nominations are circulated as a Confidential Attachment as personal information has been supplied.

• Yamanda Aboriginal Association – Aunty Velma Mulcahy and Bob Simpson as alternate • Gibbergunyah Aboriginal Association – Niomi Thompson • Community Representative - Wayne Williams • Community Representative - Paul Marshall

It is intended that the Coordinator of the Guthawah Aboriginal Community Centre would also be a member of the Working Group.

Council staff

Council’s Manager Strategic and Community Development and the Aboriginal Liaison Officer would represent Council on the Working Group.

RELATED COUNCIL POLICY

The establishment of the Working Group has no relationship with an existing related Council Policy.

CONSULTATION

The Working Group will facilitate community engagement with the wider Aboriginal Community on the establishment of the permanent Aboriginal Community and Cultural Centre. This engagement is expected to take place prior to the end of the year. Once established, the Working Group will determine the details of the engagement process and advise Councillors through the Weekly Circular

SUSTAINABILITY ASSESSMENT

• Environment There are no environmental factors associated with this report.

Page 55 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

• Social The establishment of the permanent Aboriginal Community and Cultural Centre will provide the Aboriginal Community a place where services can be provided to the community as well as provide a place where the community can gather and meet.

The formation of the Working Group will ensure that the Aboriginal Community is involved in the process.

• Broader Economic Implications There are no economic implications associated with this matter.

• Culture The establishment of the permanent Aboriginal Community and Cultural Centre will provide the Aboriginal Community a place where culturally appropriate programs and activities can be undertaken.

• Governance The Working Group will investigate and establish the appropriate administration of the Centre in accordance with Council’s Policies for governance of Council facilities.

RELATIONSHIP TO CORPORATE PLANS

The establishment of a permanent home for the Aboriginal Cultural Centre is listed in the 2011-2013 Delivery Program and the 2011-2012 Operational Plan for completion in June 2012.

BUDGET IMPLICATIONS

There are no immediate budget implications associated with the formation of the Permanent Aboriginal Community and Cultural Centre, however there will be future budget implications in the establishment of the Centre.

OPTIONS

1. That Council endorse all four (4) nominations listed in the report. 2. That Council endorse some of the nominations listed in the report. 3. That Council not endorse any of the nominations and seek further Expressions of Interest

ATTACHMENTS

There is one CONFIDENTIAL ATTACHMENT to this report, which has been circulated separately for Councillor’s Information only.

Page 56 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

RECOMMENDATION

1. THAT the following nominees be appointed to the Permanent Aboriginal Community and Cultural centre Establishment Working Group.

• • • •

2. THAT the position of Coordinator of the Guthawah Aboriginal Community Centre also be a member of the Working Group.

3. THAT Council’s Manager Strategic and Community Development and Aboriginal Liaison Officer be endorsed as Council’s representatives to the Working Group.

4. THAT the successful/unsuccessful nominees be advised in writing of Council’s determination and be thanked for their nomination and interest to participate on the Reference Panel.

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o-EP7 Draft Smoke Free Outdoor Areas Policy Proposed for Public Exhibition

Environment Reference: 5450/28 Responsible Officer: Environment and Health Policy Officer

PURPOSE

This report recommends Council consider a draft Smoke Free Outdoor Areas Policy for a number of identified Council owned outdoor facilities and lands. The report details the draft Smoke Free Outdoor Areas Policy and seeks endorsement of the draft Policy to be placed on pubic exhibition to obtain community feedback.

SUMMARY

A draft Smoke Free Outdoor Areas Policy has been developed for identified Council facilities and lands across Wingecarribee Local Government Area. This report seeks endorsement of the draft Policy to be publically exhibited for community feedback for a minimum period of 28 days.

DESCRIPTION OF PROPOSAL

BACKGROUND

At a Council meeting held on 24 September 2003 (MN333/03), Clr S Murray put forward the following Motion:

1. THAT Council ban smoking within 10 metres of all children’s play equipment and around all playing fields and sport fields. 2. THAT Council erect signage around playground equipment and playing fields to indicate that they are smoke free. 3. THAT Council ensure that events run and sponsored by Council are smoke free.

Upon investigation it was found that while the Motion was passed in 2003, no formal action plan was developed and there has been no erection of necessary signage and no enforcement.

Council has received three enquiries within recent months from sporting groups and clubs who regularly utilise Council assets and facilities. Requests have been made for the installation of no smoking signage surrounding sports grounds to enable clubs to self regulate smoking within and surrounding these areas.

DETAILS OF PROPOSAL

A draft Smoke Free Outdoor Areas Policy (Policy) has been prepared in accordance with the 2003 Council motion (MN333/03). The policy aligns with NSW Cancer Council recommendations for smoke free outdoor areas, as well as similar policies and action taken by other Local Government Areas within recent years.

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The draft Policy aims to:

• Raise awareness of the harmful effects of smoking (including passive smoking or second hand smoking); and • Minimise the effects of smoking (including passive smoking) on community health, local amenity and the natural environment.

The Policy proposes to prohibit smoking at or within 10 metres of a number of identified Council facilities, buildings and lands in order to ensure a smoke free and safe environment.

Enforcement of the Policy is envisaged to be primarily supported by persuasion and self- policing by the community rather than punitive enforcement by Council, as well as through the installation of signage (public notices) indicating smoke free areas. Public notices are recommended to be erected in identified smoke free outdoor areas in accordance with Local Government Act 1993 in order to assist the community to self enforce and regulate. Council recognises however in extreme cases where an individual/s continually fail to comply with any such public notice, Council may serve a penalty notice upon such individual/s in accordance with the NSW Local Government Act 1993.

This report proposes the draft Policy be publically exhibited for community feedback for a minimum period of 28 days. The draft Policy will evolve in accordance with feedback received from the community throughout the exhibition period and submissions received as well as the revised Policy will subsequently be reported back to Council for adoption.

STATUTORY ASSESSMENT

There is no statutory requirement for Council to adopt a Smoke Free Outdoor Areas Policy.

RELATED COUNCIL POLICY

The Council resolution of 2003 could be seen as the Council policy for this matter, however, there was never any preparation of a more detailed document that set out how such a position could be administered. There is a Related Council Procedure: Wingecarribee Shire Council’s Smoke Free Workplace Practice Note.

CONSULTATION

The draft Policy has been prepared in consultation with Council’s: • Occupational Health and Safety Coordinator; • Manager Business Services; • Assets Coordinator Parks; • Rangers Team Coordinator; • Community Engagement Coordinator; and • Manager Environment and Sustainability.

Public Exhibition of the draft policy is proposed to obtain feedback from the community in relation to the draft policy and is proposed for a minimum period of 28 days.

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It is proposed the draft Policy will be advertised within two local newspapers, on Council’s website, and via a media release in order to obtain feedback from the community. Furthermore, targeted external stakeholders (including NSW Cancer Council, NSW Heart Foundation and the Southern Highlands Cancer Leadership Committee) will be directly informed of the exhibition period of the draft Policy.

SUSTAINABILITY ASSESSMENT

• Environment The draft Policy is likely to have a positive impact on the environment, particularly in relation to air quality and pollution. An improvement to air quality and pollution surrounding proposed outdoor smoke free areas is expected to result and be of benefit to both community members, as well as the environment. The draft Policy is also likely to reduce the amount of cigarette butt litter within and surrounding identified smoke free outdoor areas.

• Social According to the NSW Cancer Council there is substantial evidence linking exposure to smoke and second hand smoke (including passive smoking) with a range of life threatening health impacts including heart disease, cancer, asthma and respiratory problems. Furthermore, children exposed to second hand smoke are at an increased risk of asthma, sudden infant death syndrome and acute respiratory infections. The endorsement of the draft Policy for exhibition and (eventual) adoption of a Policy for WSC will reduce this risk to individuals (including children) from the vast array of health impacts.

A further social implication is likely to result if a Policy is (eventually) adopted, as individuals wishing to partake in smoking will be required to comply with any adopted Smoke Free Outdoor Areas Policy and will be required to move to another area.

• Broader Economic Implications The exhibition of the draft Policy is not envisaged to have any broader economic implications.

• Culture The draft Policy is expected to alter the culture that accepts smoking should be tolerated in open areas.

• Governance The exhibition and (eventual) adoption of a Policy aims to formalise Council’s intent on this matter and provide clear information and direction for community.

RELATIONSHIP TO CORPORATE PLANS

The Policy aligns with Council’s vision to be “A healthy and productive community, learning and living in harmony, proud of our heritage and nurturing our environment”. The Policy additionally assists in achieving a number of Council’s goals, namely:

• Wingecarribee people have a healthy lifestyle and inclusive community. • Wingecarribee’s distinct and diverse natural environment is protected and enhanced.

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BUDGET IMPLICATIONS

The exhibition of the draft Policy will have a negligible budget implication associated with the advertisement of the exhibition period within local newspapers, on Council’s website and through a media release.

Subsequent to exhibition, minor budget implications will result from the implementation of a Smoke Free Outdoor Areas Policy relating to the production and installation of no smoking signage (public notices) in accordance with the Local Government Act 1993. Costs associated with the production and installation of public notices is envisaged to be incurred by the relevant asset owners for each identified smoke free outdoor area with the exception of playgrounds. No smoking signage (public notices) for playgrounds have already been produced and the remaining costs to be incurred by the asset owner are associated with signage installation.

RELATED COUNCIL POLICY

This report proposes the exhibition of a new, draft Policy for Council.

OPTIONS

Option 1: Exhibition of the draft Policy and subsequent adoption of a Smoke Free Outdoor Areas Policy informed by the exhibition period

Council may choose to endorse the draft Policy for public exhibition to obtain feedback from the community. Subsequent to exhibition, the draft Policy, informed and shaped by the exhibition period, is proposed to be reported back to Council for endorsement and implementation.

Option 2: Exhibition of an amended draft Policy and subsequent adoption of a Smoke Free Outdoor Areas Policy informed by the exhibition period

Council may choose to amend the draft Policy prior to endorsement for public exhibition. Subsequent to exhibition, the draft Policy, informed and shaped by the exhibition period, is proposed to be reported back to Council for endorsement and implementation.

Option 3: Do nothing option - the draft Policy is not endorsed by Council for exhibition and community consultation

There is no legislative requirement for Council to adopt a Smoke Free Outdoor Areas Policy to date. Council has however received multiple requests within recent months from Sporting Clubs using Council’s facilities, seeking installation of no smoking signage to enable the Club to self police and regulate the surrounding areas. It is envisaged these types of requests to Council will continue if the third option is chosen. In accordance with this option Council may choose to install no smoking signage however this would be conducted on an ad hoc basis and may not be enforceable into the future.

ATTACHMENTS

1. Draft Smoke Free Outdoor Areas Policy

Page 61 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

RECOMMENDATION

THAT the draft Smoke Free Outdoor Areas Policy be endorsed by Council for public exhibition to obtain community feedback for a period of no less than twenty eight (28) days.

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Page 63 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Page 64 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

o-EP8 Planning Proposal to amend the Land Use Table in Wingecarribee Local Environmental Plan 2010

Environment Reference: 5901 Responsible Officer: Manager Strategic and Community Development

PURPOSE

The purpose of this report is to recommend to Council that a Planning Proposal be prepared to amend the Land Use Table for various zones in WLEP 2010 as a result of amendments to the Standard Instrument in accordance with the Standard Instrument (Local Environmental Plans) Amendment Order 2011.

SUMMARY

The amendments to the Standard Instrument notified on the NSW Legislation website on 25 February 2011 took effect in WLEP 2010 on 25 June 2011. The Standard Instrument amendments included new land use definitions which have initially been incorporated into the WLEP land use table as ‘prohibited’ in order to allow Council the opportunity to decide the level of permissibility preferred for each zone. These land use table amendments would then be implemented through a Planning Proposal.

DESCRIPTION OF ITEM

BACKGROUND

On 25 February 2011 the Standard Instrument on which WLEP 2010 is based was amended by the NSW Department of Planning and Infrastructure. These amendments took effect in WLEP 2010 on 25 June 2011. The Standard Instrument amendments included a number of new land uses or changes in the status of individual land uses in relation to ‘group’ land use terms.

New land uses have been ‘prohibited’ by DOPI in all zones to allow Council to determine in which zones they may be permitted. Council has reviewed these new land uses and has considered the implications of the change in status of some land uses. Council has also taken this opportunity to remove certain land uses from zones where Council now believes their inclusion to be incompatible with the objectives of the zone. A Planning Proposal would then be prepared to implement these amendments.

NEW LAND USE DEFINITIONS

The following new land uses, all of which are currently prohibited under WLEP 2010, were reviewed. The Standard Instrument Dictionary definitions and any other relevant extract from the Standard Instrument are included (in italics ).

Ecotourist facility - means a building or place that:

(a) provides temporary or short-term accommodation to visitors on a commercial basis, and (b) is located in or adjacent to an area with special ecological or cultural features, and

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(c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Note. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.

Clause 5.13 Ecotourist facility [This clause is mandatory when ecotourist facilities are permitted] 1. The objectives of this clause are to:

a) encourage the inclusion of educational and interpretative elements as part of the facility;

b) maintain the existing environmental and cultural values of the land on which the ecotourist facility is located;

c) provide carefully designed and managed ecotourist facilities having minimal environmental impact both on and off site;

d) distinguish this form of development from ‘tourist and visitor accommodation’. 2. Before determining a development application for an ‘ecotourist facility’ development, the consent authority must be satisfied that the development:

a) enhances appreciation of the environment and/or cultural context; b) will be constructed, managed and maintained so as to protect and preserve the natural evironment on the same and adjoining lot/s; c) is sensitively designed and located to minimise the physical footprint and ecological and visual impacts including that it; i) promotes positive environmental outcomes and minimises impacts on waterbodies, soil quality, heritage and indigenous flora and fauna, preferably with development confined to land already cleared; ii) maintains (or regenerates where necessary) the site to ensure that protection of the natural resource is continuous and enhanced wherever possible; iii) avoids waste generation during construction and operation and removes waste appropriately; iv) is located to avoid visibility above ridgelines and against escarpments and to minimise visual intrusion through choice of design, colours, materials and landscaping with locally indigenous flora; v) provides servicing without significant modification to the existing environment; vi) provides power requirements through the use of passive heating/cooling, and renewable energy wherever possible; d) will not adversely affect existing agricultural productivity of adjoining land; e) contains and applies on-going detailed management strategies to minimise impacts to the natural environment including strategies to:

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i) address intergenerational equity, conservation of biological diversity and ecological integrity together with measures to remove any threats of serious or irreversible environmental damage; and ii) restore, where other than pristine, habitat areas on the land; and iii) minimise energy, water use and waste output; and iv) monitors and reviews the effects of the development on the natural environment and addresses impacts by undertaking improvement on a continuous basis sufficient to demonstrate compliance with relevant ISO14000 standards.

This land use, with the protections provided by the Heads of Consideration clause 5.13, offers Council the opportunity to provide holiday accommodation of a type and scale well suited to the Shire. Suitable zones would be RU1 Primary Production, RU2 Rural Landscape, RU4 Primary Production Small Lots, RE2 Private Recreation, SP3 Tourist, E3 Environmental Management and E4 Environmental Living.

Garden centre - means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following:

(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas, (b) pets and pet supplies, (c) fresh produce.

Note. Garden centres are a type of retail premises.

It is noted that Garden centres are mandated permissible with consent in the B2 Local Centre, B4 Mixed Use and B5 Business Development zones.

Council does consider that Garden centres would also be an appropriate land use in the B7 Business Park zone.

Council considers that the bulk and scale of a garden centre makes it a potentially unsuitable development for the B2 zone, however it is unlikely that DOPI will remove garden centres from the mandated ‘permissible with consent’ classification within the B2 land use table.

The Development Control Plans for those towns and villages which contain the B2 Local Centre zone will be revised to address such development should an application be received.

Heavy industrial storage establishment - means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following: (a) a hazardous storage establishment, (b) a liquid fuel depot, (c) an offensive storage establishment.

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This land use is a new group term incorporating (a), (b) and (c) above. Each of these is prohibited in all zones except IN3 Heavy Industry where all are permissible with consent. Council considers this level of permissibility appropriate and no further amendment to WLEP 2010 is required.

High technology industry - means a building or place predominantly used to carry out an industrial activity that involves any of the following: (a) electronic or micro-electronic systems, goods or components, (b) information technology (such as computer software or hardware), (c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature, (d) biological, pharmaceutical, medical or paramedical systems, goods or components, (e) film, television or multi-media technologies, including any post production systems, goods or components, (f) telecommunications systems, goods or components, (g) sustainable energy technologies, (h) any other goods, systems or components intended for use in a science or technology related field, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note. High technology industries are a type of light industry .

The Standard Instrument mandates the group term Light Industry as permissible with consent in the B7 Business Park, IN1 General Industrial and IN2 Light Industrial zones and, under WLEP 2010, Light Industry is also permissible with consent in the B4 Mixed Use and B5 Business Development zones. Council considers this level of permissibility appropriate and no further amendment to WLEP 2010 is required.

Industrial Training Facilities - means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

The DOPI has mandated this land use as ‘permissible with consent’ in the IN1 and IN2 zones. Council considers this level of permissibility appropriate and no further amendment to WLEP 2010 is required.

Landscaping material supplies - means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.

Note. Landscaping material supplies are a type of retail premises .

This is a new definition, along with Plant nursery, introduced to replace Landscaping and garden supplies and has already been inserted into the land use table where Landscape & garden supplies were previously shown – mandated as permissible with consent in the B2 Local Centre, B4 Mixed Use and B5 Business Development zones under the Standard Instrument, as well as also being permissible with consent under WLEP 2010 in the RU1 Primary Production, RU2 Rural Landscape, RU4 Primary Production Small Lots, B7

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Business Park, IN1 General Industrial, IN2 Light Industrial, and E4 Environmental Living zones.

It is considered inappropriate to retain Landscaping material supplies in the E4 Environmental Living zone therefore it is proposed that they be removed from this zone.

Plant nursery - means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note. Plant nurseries are a type of retail premises .

This is a new definition, along with Landscaping material supplies, introduced to replace Landscaping and garden supplies and has already been inserted into the land use table where Landscape & garden supplies were previously shown – mandated as permissible with consent in the RU4 Primary production Small Lots, B2 Local Centre and B4 Mixed Use zones under the Standard Instrument, as well as also being permissible with consent under WLEP 2010 in the RU1 Primary Production, RU2 Rural Landscape, R3 Medium Density Residential, R5 Large Lot Residential, B5 Business Development, B7 Business Park, IN1 General Industrial, IN2 Light Industrial and E4 Environmental Living zones.

Council considers that plant nurseries may also be a suitable form of development within the B1 Neighbourhood Centre zone provided the scale of development remains appropriate.

Controls would be placed in the Development Control Plans for those locations with a B1 zone to manage such potential development.

It is considered inappropriate to retain Plant nurseries in the E4 Environmental Living zone therefore it is proposed that they be removed from this zone.

Open cut mining - means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.

This is a new definition to replace the previous land use of ‘Mining’. A new definition of Underground Mining has also been included, but the Standard Instrument directs that only Open Cut Mining is to be included in the land use table.

Currently, Open cut mining is permitted with consent in the RU1 Primary Production, R3 Medium Density Residential, R5 Large Lot Residential, B1 Neighbourhood Centre, B2 Local Centre, B4 Mixed Use, B5 Business Development, B7 Business Park, IN1 General Industrial, IN2 Light Industrial, IN3 Heavy Industrial and SP3 Tourist zones.

Councils consider that Open cut mining should be prohibited in all zones and seeks to amend WLEP 2010 accordingly.

Respite day care centre - means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

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DOPI has mandated that a Respite care centre must be permitted wherever a Child care centre is permitted in the Land Use Table – i.e. in the R3 Medium Density, B1 Neighbourhood Centre, B2 Local Centre, B4 Mixed Use, B5 Business Development and B7 Business Park zones. Council considers that this current level of permissibility is adequate and no further amendment to WLEP 2010 is required.

LAND USES WITH CHANGED STATUS

Animal boarding and training establishments – This is now a stand-alone definition, rather than a form of Agriculture and can therefore be considered for inclusion in zones other than rural or environmental zones.

Permitting this land use, with consent, in the IN1 Industrial zone would offer potential operators the opportunity to locate such establishments in locations away from rural areas where, traditionally, noise has been a problem. Council seeks to include animal boarding and training establishments as permissible with consent in the IN1 General Industrial zone.

Camping grounds – means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

Camping grounds was an undefined land use within Caravan parks prior to the 2011 Standard Instruments amendments. It is now a stand-alone land use and separately defined.

Camping grounds are currently permissible with consent in the IN1 General Industrial, IN2 Light Industrial, SP3 Tourist, RE1 Public Recreation and RE2 Private Recreation zones.

Council considers that such development would not be suitable in the IN1 General Industrial and IN2 Light Industrial zones and seeks to have Camping grounds designated as ‘prohibited’ in these zones.

Rural Industry - means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following: (a) agricultural produce industries, (b) livestock processing industries, (c) composting facilities and works (including the production of mushroom substrate), (d) sawmill or log processing works, (e) stock and sale yards, (f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise. Note. Rural industries are not a type of industry .

It is noted that Rural Industry includes Agricultural produce industry which is defined as - a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

Page 70 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

The removal of Rural Industry from the group term, Industry, means that Rural industry is no longer mandated prohibited in the E3 Environmental Management zone. This provides the opportunity to permit, with consent, Agricultural produce industries, which includes Wineries, in the E3 zone. Other forms of Rural Industry would remain prohibited in the E3 zone.

HIGHWAY SERVICE CENTRES

In reviewing the land use table, Council noted that Highway service centres are currently permitted with consent in the following zones – R3 Medium Density Residential, R5 Large Lot Residential, B1 Neighbourhood Centre, B2 Local centre, B4 Mixed Use, B5 Business Development, B7 Business Park and SP3 Tourist. Council considers that such development is not appropriate in these zones and will also use the Planning Proposal as an opportunity to prohibit such development within all zones.

SUMMARY OF AMENDMENTS

To achieve the outcomes described above, it is proposed to amend the WLEP 2010 land use table as follows:

Zone Proposed amendments

RU1 Primary Production o Insert Ecotourist facility under 3 Permitted with consent. o Remove Open cut mining from 3 Permitted with consent.

RU2 Rural Landscape o Insert Ecotourist facility under 3 Permitted with consent.

RU4 Primary Production o Insert Ecotourist facility under 3 Permitted with consent. Small Lots

R3 Medium density o Insert Highway service centre under 4 Prohibited. Residential o Insert Open cut mining under 4 Prohibited.

R5 Large Lot Residential o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

B1 Neighbourhood o Remove Plant nurseries from 4 Prohibited. Business o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

B2 Local Centre o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

B4 Mixed Use o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

B5 Business Development o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

B7 Business Park o Remove Garden centres from 4 Prohibited. o Insert Highway service centre under 4 Prohibited. o Insert Open cut mining under 4 Prohibited.

Page 71 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

Zone Proposed amendments

IN1 General Industrial o Insert Camping grounds under 4 Prohibited. o Insert Open cut mining under 4 Prohibited. o Remove Animal boarding and training establishments from 4 Prohibited.

IN2 Light Industrial o Insert Camping grounds under 4 Prohibited. o Insert Open cut mining under 4 Prohibited.

IN3 Heavy industrial o Insert Open cut mining under 4 Prohibited.

SP3 Tourist o Insert Open cut mining under 4 Prohibited. o Insert Highway service centre under 4 Prohibited.

RE2 Private Recreation o Insert Ecotourist facility under 3 Permitted with consent.

E3 Environmental o Insert Agricultural produce industry under under 3 Management Permitted with consent. o Insert Ecotourist facility under 3 Permitted with consent.

E4 Environmental Living o Insert Ecotourist facility under 3 Permitted with consent. o Remove Landscaping material supplies from 3 Permitted with consent. o Remove Plant nurseries from 3 Permitted with consent.

CONCLUSION

The amendments to the Standard Instrument have provided Council with an opportunity to review the land use table in WLEP2010 and amend it to both permit new land uses and to prohibit land uses within certain zones where Council considers those uses inappropriate.

In order to achieve these amendments to WLEP 2010, a Planning Proposal must be prepared and forwarded to the Department of Planning and Infrastructure (DOPI) for their support. Once Council receives permission to proceed with the Planning Proposal it will be placed on public exhibition for the period nominated in the Gateway Determination.

SUSTAINABILITY ASSESSMENT

• Environment The proposed land use changes will help protect and improve environmental amenity across the Shire.

• Social The permissibility of certain land uses will help generate new employment opportunities.

• Culture There are no significant cultural implications.

Page 72 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

• Broader Economic Implications The permissibility of certain land uses will help generate new employment opportunities, particularly with regard to tourism.

• Governance The proposed amendments to the WLEP 2010 land use tables will strengthen the Wingecarribee Local Environmental Plan 2010 with regard to controlling development deemed inappropriate in certain zones.

RELATIONSHIP TO CORPORATE PLANS

The proposed amendments to the WLEP 2010 land use tables will assist Council to improve the management of future development across the Shire to achieve outcomes identified by the community in the 2031+ Strategic Plan.

BUDGET IMPLICATIONS

There are no budget implications associated with this Proposal. The Planning Proposal would be managed by Council staff.

ATTACHMENTS

There are no attachments to this report.

RELATED COUNCIL POLICY

The draft amendments will apply to Wingecarribee LEP 2010.

RECOMMENDATION

THAT Council proceed with a Planning Proposal in accordance with Section 55 of the Environmental Planning and Assessment Act, 1979 to amend the land use table of Wingecarribee Local Environmental Plan 2010 as detailed in this report.

Scott Lee Director Environment & Planning

7 October 2011

Page 73 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

CORPORATE SERVICES DIVISION o-CS1 Operational Property – Medium Term Financial Strategy and Reclassification of Certain Land

Economy Leadership Reference: 7122 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on the potential for Council to consider the sale and/or development of land classified as “operational” land for the purpose of raising revenue.

As part of this review, several properties classified as “operational” have been identified which are recommended to be reclassified as “community” land.

SUMMARY

This report is for information only and outlines the proposals set out in the sub-reports associated with this matter.

There are a number of proposals covered within the sub-reports and these include:

(a) potential sale and/or development opportunities for land classified as “operational” for the purpose of raising revenue.

(b) reclassification of certain lots from “operational” to “community” land pursuant to Section 33 of the Local Government Act 1993 .

(c) reclassification of certain lots from “community” to “operational” land pursuant to Section 33 of the Local Government Act 1993 .

DESCRIPTION OF ITEM

BACKGROUND

On Wednesday, 23 June 2010, a Councillor Briefing Session was held and a tour of the properties referred to in this report was undertaken by Councillors and staff members.

The properties visited included:

1. 556 Argyle Street, Moss Vale (formerly old Family Day Care); 2. (No Street Number) Part Lot 1 DP 730743 Argyle Street Moss Vale, being land utilised unofficially as a car park, adjoining 556 Argyle Street, Moss Vale; 3. (No Street Number) Lot A DP 158069 Queen Street Moss Vale, being land adjacent No 4 Queen Street, also unofficially used as car park; 4. 17 Oxley Street, Berrima – vacant residential land;

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5. (No Street Number) Lot 1 DP 109208 Frankland Street, Mittagong (being site of old Sewer Treatment Plant) - vacant commercial-industrial land; 6. 371 Drapers Road Colo Vale – vacant industrial land; 7. (No Street Number) Lot 31 DP 831268 Drapers Road, Colo Vale – vacant industrial land without dwelling entitlement; 8. (No Street Number) Lot 2 DP 860768 Etheridge Street, Mittagong – vacant residential land; 9. (No Street Number) Lot 2 Section 43 DP 1374 Davy Street, Mittagong – vacant residential land; 10. (No Street Number) Lot 1, 2 and 6 Section 5 DP 111201 Cook Street Mittagong and (No Street Number) Lot 9 DP 728069 Cook Street Mittagong – vacant residential land with subdivision potential; 11. (No Street Number) Lot 1 DP 198289 Shepherd Street, Bowral – vacant land adjacent Mittagong Rivulet and Bicycle Path Shepherd Street, Bowral; 12. 16 Una Street Bowral, vacant land used unofficially as a car park; and 13. (No Street Number) Lot 8 DP 241836 Beavan Place, Bowral – large reserve and drainage reserve.

With insufficient time to extend the tour on Wednesday 23 June 2010, Councillors were unable to visit the additional operational land:

1. 31 Church Street Bundanoon – a vacant lot under minimum size, however dwellings are permitted subject to Council consent. 2. 5 Parkes Road, Moss Vale adjoining Lot 1 Deposited Plan 819560 – an old dwelling under residential tenancy and adjoining vacant land; 3. Vacant land at Hill Top including: a) (No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top b) (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top c) (No Street Number) Lot 37 Section 3 DP10173 Harold St, Hill Top 4. (No Street Number) Lot 126 DP 263356 Anembo Street, Moss Vale (transferred from NSW Human Services – Housing) and classified by resolution of Council as “operational” land.

Further Briefing Sessions for Councillors were held on Wednesday 20 October 2010 and Wednesday 30 March 2011.

Council’s Manager Strategic & Community Development has recently identified a further parcel of land to be considered for reclassification, being Lot 6 Section 11 Deposited Plan 759070 on the corner of Mittagong and Jellore Streets, Welby. This lot is currently classified as “community” land pursuant to the Local Government Act 1993 . It is suggested that this lot be reclassified to “operational” land as it is considered that there is ample open space including the Welby Oval and public reserve in this area of Welby.

A separate report on this parcel of land will be forwarded to a future Ordinary Meeting of Council for determination.

CONSULTATION

This will be addressed in the various sub-reports submitted to Council.

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SUSTAINABILITY ASSESSMENT

• Environment This will be addressed in the various sub-reports pertaining to each property.

• Social This will be addressed in the various sub-reports pertaining to each property.

• Culture This will be addressed in the various sub-reports pertaining to each property.

• Broader Economic Implications This will be addressed in the various sub-reports pertaining to each property.

• Governance This cover report and the various sub-reports ensure proper governance of Council’s property administration, ensuring that there is probity and transparency in Council’s decision- making processes.

RELATIONSHIP TO CORPORATE PLANS

It is the mission of Council, as set out in the Management Plan adopted by Council for 2010- 2013, “ To create and nurture a vibrant and diverse community, growing and working in harmony with our urban, agricultural and natural environments. “

The recommendations made pertaining to operational property and the reclassification of certain land fulfil the mission and several of the visions of Council, as specifically addressed in each of the sub-reports.

BUDGET IMPLICATIONS

This will be addressed in each of the sub-reports.

RELATED COUNCIL POLICY

This will be addressed in each of the sub-reports.

ATTACHMENTS

There are no attachments to this report but 15 sub-reports being o-CS2 to o-CS16.

RECOMMENDATION

THAT the information in relation to Council’s medium term financial strategy and reclassification of land be noted.

Page 76 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS2 Proposed Sale: 556 Argyle Street, Moss Vale and adjoining (No Street Number) Part Lot 1 Deposited Plan 730743 Argyle Street, Moss Vale, being “Operational” Land

Economy Reference: 7122, PN59500, PN59600 Responsible Officer: Manager Governance; Manager Business Services

PURPOSE

Reporting on proposed sale of land classified as “operational” land for the purpose of raising revenue. The land the subject of this report is 556 Argyle Street Moss Vale and the adjoining land utilised as an unofficial car park known as (No Street Number) Part Lot 1 Deposited Plan 730743 Argyle Street, Moss Vale.

SUMMARY

The property known as 556 Argyle Street, Moss Vale is currently occupied under licence by the Aboriginal Community Cultural Group who will relocate to alternative premises at Mittagong when the FourSquare Church vacates.

The building was formerly used as premises from which the Wingecarribee Family Day Care scheme operated until the service was relocated to East Bowral Community Centre some years ago.

As part of a review of potential property for sale, the subject property has been identified as suitable for sale.

Adjoining 556 Argyle Street Moss Vale is vacant land owned by Council which is unofficially utilised as a car park. This property has also been identified as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

On Wednesday 14 July 2010, Council considered the temporary relocation of the Aboriginal Community & Cultural Centre to the Bowral Memorial Hall (MN 264/10):

1. THAT Council support the temporary relocation of the Aboriginal Community and Cultural Centre to part of the supper room in the Bowral Memorial Hall.

2. THAT Council resolve to re-allocate funds from the Building Maintenance Budget up to $20,000 for works associated with the temporary relocation of the Aboriginal Community and Cultural Centre in the Bowral Memorial Hall Supper Room.

3. THAT Council note the progress in relation to the establishment of the permanent Aboriginal Community and Cultural Centre on the Mineral Springs site AND THAT a further report be presented to Council that includes the options of constructing a new building on this site as well as the option of utilizing the existing building on the Mineral Springs site.

Page 77 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

4. THAT Council convey the above actions to the local Aboriginal Associations within the Shire and to the current occupants of the Mineral Springs site.

5. THAT Council actively pursue, in conjunction with the Wingecarribee Aboriginal Advisory Committee, funding opportunities for the construction of a permanent building to house the Aboriginal Cultural Centre AND THAT the preferred site be the Mineral Springs site.

6. THAT an Information Session be held for Councillors in relation to the matter.

On Wednesday 8 September 2010, Council’s Strategic Planning & Community Development Manager addressed Council and it was subsequently resolved as follows (MN 354/10):

1. THAT Council support the relocation of the temporary Aboriginal Community and Cultural Resource Centre to the Council owned cottage at 556 Argyle Street, Moss Vale under an initial twelve (12) months licence. 2. THAT Council continue to pursue the establishment of a permanent Aboriginal Community & Cultural Resource Centre at the Mineral Springs Reserve as per Council’s resolution of Wednesday, 14 July 2010 (MN 264/10).

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions referred to above, it is suggested that the following works occur:

(No Street Number) Part Lot 1 DP 730743 Argyle Street, Moss Vale Sell the land in ‘as is’ condition as a stand alone lot or combined with the adjoining premises at 556 Argyle Street, Moss Vale.

556 Argyle Street, Moss Vale (formerly old Family Day Care) It is recommended as soon as the Aboriginal Community group vacate the premises, that the building at 556 Argyle Street Moss Vale be prepared for marketing for sale with minor redecoration including internal painting, minor works and garden maintenance being carried out.

It is estimated by Council’s Built Assets Coordinator that the works would cost in the vicinity of $15,000.00 and these costs should be funded from the Property Development Reserve. The cost of works would be recovered when the property is sold.

Once these works are complete, a formal valuation from a registered valuer should be obtained to assess the current market value of the subject property/ies. Following receipt of that valuation report, the property can be marketed for sale.

DETAILS OF PROPOSAL

Subject Site and Locality Inspection of the site and the surrounding area has been undertaken.

Both lots have street frontage to Argyle Street, Moss Vale and are within a high traffic area, in close proximity to business premises and opposite Moss Vale Primary School.

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The premises and land known as 556 Argyle Street Moss Vale have a total area of 809.4 square metres. Constructed upon the land is an old cottage which has been utilised by Council and various community groups for a number of decades. The cottage is in need of refurbishment to improve its appeal. The front and rear yards of the cottage require a general tidy-up.

The land adjoining which is used as an unofficial car park will have an area of approximately 600 square metres (upon registration of a Plan of Subdivision for the Queen Street precinct). The land has a rough asphalt surface and no other improvements erected upon it.

The two (2) lots could be marketed individually for sale, or offered to the market for development combined as one (1) lot with a combined total area of approximately 1,409.4 square metres.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The premises and land known as 556 Argyle Street Moss Vale and the adjoining vacant land are both zoned B2 – Local Centre . Within B2 – Local Centre zones , a minimum lot size of 300 square metres is permissible.

Development Control Plans

Moss Vale contains four (4) Business Zones under WLEP2010. The main commercial centre is zoned B2 – Local Centre and this is the centre within which both the premises at 556 Argyle Street, Moss Vale and the adjoining vacant land are located. The main commercial centre is surrounded by areas of B4 Mixed Use and B5 Business Development as well as a small area of B1 Neighbourhood Centre.

Relevant State Legislation

Local Government Act,1993.

CONSULTATION

External Referrals

Referrals/Notice Advice/Response/Conditions Surveyor Calculation of proposed area of land available for potential sale. Real Estate Agent Estimate of market value of vacant land and market value of 556 Argyle Street Moss Vale in Business Zone.

Internal Referrals

Specialist description: Built Assets Coordinator Comments: Given the age and condition of the cottage at 556 Argyle Street Moss Vale, it needs a general cosmetic overhaul so that it can be put on the market for sale.

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Recommendations: Council should fund the cost of minor redecoration including internal painting, minor works and garden maintenance being carried out.

Specialist description: Development Engineer Comments: The vacant land adjoining 556 Argyle Street, Moss Vale forms part of the lot upon which the Senior Citizen’s Centre is constructed. The car park is not used by users of the Senior Citizen’s Centre who utilize the Queen Street car park.

Recommendations: Support the boundary adjustment and subdivision of the Queen Street precinct which will create an individual allotment for the vacant land adjoining 556 Argyle Street Moss Vale.

SUSTAINABILITY ASSESSMENT

• Environment Council’s commitment to the principles of Ecologically Sustainable Development (ESD) recognises that urban areas generally, and towns in particular, provide opportunities for environmental conservation. Although such areas are heavily utilised by residents, workers and visitors, it is important to recognise that even small improvements in the natural environment can be achieved, and to act on those opportunities.

With the proposed sale and/or development of the subject properties, Council will no doubt consider a future Land Use Application. It is necessary for Council to consider the extent to which the proposal contributes to the achievement of both the B2 zone objectives and the following specific Environmental Sustainability objectives:

(a) Encourage on-site tree plantings of suitable native species which enhance the urban environment and provide additional tree canopy for wildlife habitat.

(b) Ensure that buildings are designed incorporating the principles of ESD by requiring the construction of ‘energy smart’ buildings which meet required standards for water and air quality, noise, biodiversity and energy apart from BASIX.

• Social It is likely that any redevelopment of the subject property/ies will result in business activities which may create further employment opportunities in Moss Vale. Further employment opportunities within Moss Vale would have a positive impact socially potentially enabling residents to work closer to home and thereby possibly improving work/life balance.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications When the subject property/ies are sold, it will, at some stage, be necessary for Council to consider Land Use Application/s for future development. Some of the issues that require consideration including enhancing the role of Moss Vale within the overall economic structure of the Wingecarribee Shire.

Page 80 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

It is vital to note the role of Moss Vale as an important retail and service centre providing for the needs of the surrounding community and visitors to the region. Moss Vale is also an important employment generator with several of the Shire’s major employers in the region being based in the town.

Given that the subject properties may be sold as one (1) lot, appropriate site amalgamation and subsequent redevelopment should ensure a range of business and retail or business/retail and residential opportunities are provided.

• Governance With thorough reporting and through following due process, there is proper governance of Council’s property administration. Proper governance includes probity and transparency in Council’s decision-making processes.

RELATIONSHIP TO CORPORATE PLANS

Within the 2011-2013 Delivery Program & 2011/2012 Operational Plan adopted by Council on 22 June 2011 (M/N208/11), it is Council’s mission “ to create and nurture a vibrant and diverse community, growing and working in harmony with our urban, agricultural and natural environments .”

One of Council’s visions which is appropriate for consideration in this report is “ A strong economy that encourages and provides employment, business opportunities and tourism ”.

Identified within the Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” – provide higher density housing within….Moss Vale ”. (3.4) b. “Sustainable business and industry thrive in Wingecarribee “(5.4) c. “Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). d. “Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

As outlined above, this property needs minor redecoration including internal painting, and garden maintenance being carried out prior to listing the property for sale. It is estimated that the cost of these works would be approximately $15,000.00.

Additionally, a formal valuation report will need to be obtained from a registered valuer, to assess the current market value of the property/ies.

It is recommended that these costs be funded from the Property Development Reserve. The cost of works would be recovered when the property is sold

It is likely that local contractors would be engaged by Council to carry out the works at the property and local real estate agents contracted to market the property for sale.

Page 81 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing both properties.

2. Copy of draft Plan of Subdivision of Queen Street Precinct identifying the proposed area of the vacant land.

RECOMMENDATION

1. THAT the sum of up to $15,000.00 be allocated from the Property Development Reserve for the improvement and repair of the property known as 556 Argyle Street, Moss Vale AND THAT upon settlement of the sale of that property the monies used for the works be repaid to the Property Development Reserve.

2. THAT funds be paid from the Property Development Reserve for a formal valuation report with respect to the properties known as 556 Argyle Street Moss Vale and the adjoining vacant Council land (No Street Number) being known as Part Lot 1 Deposited Plan 730743 Argyle Street, Moss Vale AND THAT upon settlement of the sale of the property/ies the monies used for the report be repaid to the Property Development Reserve.

3. THAT the property known as 556 Argyle Street, Moss Vale and the adjoining vacant Council land (No Street Number) being known as Part Lot 1 Deposited Plan 730743 Argyle Street, Moss Vale be marketed for sale AND THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of the property or properties within ten per cent (10%) of the market value as assessed by formal valuation.

4. THAT authority be delegated for the execution of any Contract(s) for Sale of Land, Transfer(s) or other dealing(s) under the Common Seal of the Council to give effect to resolution 2 above.

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Attachment 1

Page 83 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Attachment 2

Page 84 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS3 Proposed Reclassification of (No Street Number) Lot A Deposited Plan 158069 Queen Street, Moss Vale, from “Operational” to “Community” Land

Economy Reference: 7122, PN1213700 Responsible Officer: Manager Governance; Manager Business Services

PURPOSE

The land the subject of this report is used as car park.

The land is classified pursuant to the Local Government Act 1993 as “Operational” land. It is necessary to reclassify the land as “Community” Land to ensure that it is retained for current and future community purposes.

SUMMARY

The property known as (No Street Number) Lot A Deposited Plan 158069 Queen Street, Moss Vale has been used as an unofficial car park for many years.

Upon review of the Land Register, Council’s Property Officer found that the land is in fact classified as “Operational” Land. When the land was inspected by Councillors on a site inspection in June 2010, the proposal to reclassify the land to “Community” Land was put forward.

DESCRIPTION OF ITEM

BACKGROUND

Historically the land has been used as a car park for a significant period of time.

A couple of years ago the land was put forward as being a potential site for sale. This was considered by the previous Council however no formal decision was made.

SUGGESTED ACTIONS

Based on discussions during the Councillor Briefing Sessions in 2011, it is clear that the current Council is against this land being considered for sale. To preserve the land for current and future community land it is recommended that the land be reclassified from “operational” land to “community land”.

LEGISLATION

Reclassification of “Operational” to “Community” land:

Section 33 of the Local Government Act 1993 states: Reclassification of operational land as community land (1) A council may resolve that public land classified as operational land is to be reclassified as community land.

Page 85 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

DETAILS OF PROPOSAL

Subject Site and Locality

An inspection of the site and the surrounding area has been undertaken.

The subject property is located on the corner of Queen Street and Railway Street Moss Vale. The land is used as a car park by the general public. Its surface is asphalt and the area of land is approximately 840 square metres.

Within close proximity to the tennis court, community garden and the Queen Street precinct, the subject property is seen to be a valuable community asset which should be retained for current and future use.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010 The subject property is zoned B2 – Local Centre within B2 – Local Centre zones . Adjoining land occupied by the tennis courts and Community Garden is zoned RE Public Recreation. The land is entirely subject to flood affection by the 100 year plus half metre extent.

Reclassification of the land from ‘Operational’ to ‘Community’ does not in itself require the land to be rezoned from its current B2 Local Centre Zone. The B2 – Local Centre zone permits a variety of ‘community’ type uses with consent. The use of the site for public carparking also remains permissible.

Relevant State Legislation Local Government Act 1993. Under the provisions of Section 33 and 34 of the Local Government Act , Council can reclassify land from ‘Operational’ to ‘Community’ by a resolution of Council. Public notice of the resolution to reclassify land from ‘Operational’ to ‘Community’ is required for a period of no less than 28 days.

CONSULTATION

External Referrals

Referrals/Notice Advice/Response/Conditions Surveyor Identification Survey Report prepared.

Internal Referrals

Referrals/Notice Advice/Response/Conditions Manager Strategic & The land is currently used for parking purposes for users of the Community adjoining tennis club as well as shoppers in the nearby retail Development outlets. With the entire site subject to flood inundation, it has limited development potential and would best serve the community as community land for public use.

Page 86 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

SUSTAINABILITY ASSESSMENT

• Environment The proposal to reclassify the land from “Operational” to “Community” Land does not have any positive or negative impact on the environment. The proposal is an administrative one which will see the land reclassified pursuant to the Local Government Act 1993 – the actual use will remain unchanged. The proposal to reclassify the land has no impact on the natural environment outside of the Wingecarribee Local Government Area.

• Social The continued provision of car parking within the Queen Street precinct provides equity and access to community residents, employees and visitors to the Shire.

• Culture There are no positive or negative impacts on the Aboriginal and Non-Aboriginal culture as a result of the proposal to reclassify the subject land.

• Broader Economic Implications There are no positive or negative implications for the broader economy within or outside of the Wingecarribee Shire.

RELATIONSHIP TO CORPORATE PLANS

Making provision for the retention and enhancement of already utilised civic assets, i.e. retention of the subject property as a car park aligns with Council’s Vision: “Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

BUDGET IMPLICATIONS

There will be negligible costs to Council in respect of the administrative process of reclassification of the subject land.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial map showing location of subject property.

Page 87 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RECOMMENDATION

THAT the vacant land known as (No Street Number) Lot A Deposited Plan 158069 Queen Street Moss Vale be reclassified from “operational” to “community” land pursuant to Section 33 and 34 of the Local Government Act 1993.

Page 88 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Attachment 1

Page 89 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS4 Proposed Development and Sale (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale, being “Operational” Land

Economy Leadership Reference: 7122, PN30800 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed development and sale of land classified as “operational” land for the purpose of raising revenue. The land the subject of this report is (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale (‘the Anembo Street land’).

SUMMARY

The Anembo Street land was acquired from NSW Human Services in October 2010 following gazettal of the land to Council as Public Reserve in 2003.

DESCRIPTION OF ITEM

BACKGROUND

On 31 January 2003 notice was published in the New South Wales Government Gazette dedicating the land, known as Lot 126 Deposited Plan 263356 as Public Reserve, vesting in the name of the Council of the Shire of Wingecarribee.

On 24 February 2003, the then NSW Department of Housing forwarded the original Certificate of Title for Lot 126 Anembo Street, Moss Vale together with a copy of the Gazette Notification to Council to complete the dedication process. It appears however that the Certificate of Title was simply placed in Council’s safe and no further action was taken.

As part of the Wingecarribee LEP process, this land was considered for potential reclassification. On Wednesday 17 December 2008, Council resolved as follows:

THAT Council NOT proceed with the reclassification and rezoning of Part of Lot 126, DP 263356, Anembo Street (Unnamed Reserve) Moss Vale and zone the land RE1 Public Recreation accordingly.

By letter received 12 July 2010 from Human Services Housing NSW, Council was notified that the subject property remained in the name of Housing. The request was made that Council urgently rectify the oversight. This was attended to and the Certificate of Title issued in Council’s name on 14 October 2010.

Upon reporting of this matter on 11 August 2010, it was resolved that the land be classified as “Operational” Land.

1. THAT the General Manager and Mayor be delegated authority to execute a Real Property Request form under the Common Seal of the Council to enable the Certificate of Title for Lot 126 DP263356 being Public

Page 90 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Reserve, Anembo Street, Moss Vale to be transferred into Council’s ownership.

2. THAT pursuant to Section 31 of the Local Government Act 1993, Lot 126 Deposited Plan 263356 be classified as 'operational' land. OC 173/10

As this is land is under-utilised and unimproved, it is considered appropriate that part of the land be developed following consultation and public exhibition of any initial development proposal. It was and is fully intended that a large portion of the land remain dedicated as Public Reserve and perhaps up to four (4) residential lots be created.

HISTORY OF ADJOINING LAND

As part of an earlier review of land deemed surplus to Council’s needs, vacant land including and adjoining the subject property was reported to Council and considered on Wednesday 14 December 2005.

The properties reviewed were Lot 16 Sec 3 DP975386, Lot 126 DP263356, Lot B DP158739, Pt Lot 29 Sec 3 DP975386 and - Lots 7 & 8 Sec 3 DP 975386, Watson Road, Anembo Street and Berrima Road, Moss Vale

In considering land surplus to Council’s needs, Council resolved on Wednesday 14 December 2005 as follows:

“THAT further investigations be undertaken to determine possible options for the site taking into consideration potential geotechnical and contamination issues AND THAT Lot 20 DP 262941 be included in the investigations.” (MN549/05)

SUGGESTED ACTIONS

Based on discussions during the informal Councillor Briefing Sessions, it is suggested that the following works occur:

a. a Draft Plan of Subdivision be drawn up to enable retention of open space for the community and provision of up to a maximum of four (4) residential allotments. b. The proposed Draft Plan of Subdivision should then be the subject of community consultation and public exhibition simultaneous to a Planning Proposal to rezone the land appropriately. c. That, following consultation with the community and public exhibition of the Draft Plan of Subdivision, a report on the submissions received during the consultation and exhibition phase be brought back to Council for final approval (or otherwise) of the Plan of Subdivision.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The subject property is within an area that primarily comprises residential development.

Page 91 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

The subject property adjoins land that was formerly part of the Moss Vale Waste Depot – being the old quarry off Berrima Road. As contamination of land can arise from activities that took place on or adjacent to a site, it will be necessary to identify any past or present potentially contaminating activities and undertake a preliminary assessment of any site contamination before proceeding with a Draft Plan of Subdivision.

The area of the land is approximately 1.013 hectares. It has a wide street frontage to Anembo Street (just over 100 metres) and also access via Anulka Street.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The land is zoned RE1 – Public Recreation. This zoning originates from the gazettal to Council in 2003.

As the land has been classified as “Operational” land upon transfer to Council via resolution, it is necessary for Council to resolve to prepare a Planning Proposal which will be forwarded to DOPI for a Gateway Determination. If supported by DOPI, the Determination will advise what consultation is required. The Determination will also indicate the time frame within which the Planning Proposal needs to be completed

Relevant State Legislation Local Government Act, 1993.

CONSULTATION

As outlined above, it is recommended that the proposed Draft Plan of Subdivision be the subject of consultation with the community and subsequent public exhibition.

Following community consultation and public exhibition of the Draft Plan, a report be brought back to Council for final approval (or otherwise) of the Plan of Subdivision.

SUSTAINABILITY ASSESSMENT

As the subject property adjoins land that was formerly part of the Moss Vale Waste Depot – being the old quarry off Berrima Road, it is recommended that any past or present potentially contaminating activities be identified and a preliminary assessment of any site contamination be prepared before proceeding with a Draft Plan of Subdivision. Subject to Council satisfaction that potential development of the site is feasible, a Planning Proposal and Draft Plan of Subdivision can be prepared for public exhibition.

Page 92 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

• Social It is likely that any redevelopment of the subject property will result in a small residential development (up to four (4) residential lots) and a large area of open space remaining as Public Reserve.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications The potential development and/sale of up to four (4) residential allotments will presumably have a positive economic impact on Council’s budget however it is not anticipated that this would have any positive or negative broader economic implications.

RELATIONSHIP TO CORPORATE PLANS

One of Council’s visions which is appropriate for consideration in this report is “ Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

Identified within the Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” – provide higher density housing within….Moss Vale ”. (3.4) b. “ Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). c. “Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

It is recommended that the cost of undertaking works associated with feasibility of the proposed development be funded from the Property Development Reserve.

If the development of the land is to proceed, local contractors would be engaged by Council to carry out any works associated with subdivision of the property and local real estate agents contracted to market the proposed lots for sale.

Page 93 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENTS

1. Aerial photograph showing the subject property.

RECOMMENDATION

1. THAT any past or present potential contaminating activities be identified and a preliminary assessment of any site contamination be prepared with respect to (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street, Moss Vale.

2. THAT subject to Council satisfaction with the site contamination report, a Planning Proposal be prepared to appropriately rezone the land known as (No Street Number) Lot 126 Deposited Plan 263356 Anembo Street Moss Vale.

3. THAT , subject to Council satisfaction with the site contamination report, a Draft Plan of Subdivision be prepared for the purpose of community consultation and public exhibition AND THAT following public exhibition of the Draft Plan a further Report be brought back to Council for final approval (or otherwise) of the Proposed Plan of Subdivision.

Page 94 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Page 95 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS5 Proposed sale: 5 Parkes Road Moss Vale and adjoining (No Street Number) Lot 1 Deposited Plan 819560 Lackey Road Moss Vale, being “Operational” Land

Economy Leadership Reference: 7122, PN1145900, PN1702446 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale of land classified as “operational” land for the purpose of raising revenue.

SUMMARY

The property known as 5 Parkes Road, Moss Vale is currently occupied under lease by a residential tenant.

As part of a review of potential property for sale, the subject property has been identified as suitable for sale.

Adjoining 5 Parkes Road, Moss Vale is vacant land owned by Council, being Lot 1 Deposited Plan 819560 Lackey Road, Moss Vale. This property has also been identified as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

While the cottage at 5 Parkes Road, Moss Vale is in habitable condition, it would not be worthy of renovation as it would require substantial major works.

The cottage has been leased to a tenant under a Residential Tenancy Agreement for a number of years. This property is managed by Drysdales Real Estate of Moss Vale.

The adjoining land is vacant.

HISTORY

As part of an earlier review of land deemed surplus to Council’s needs, the two (2) properties the subject of this report were considered by Council. It was resolved by Council on Wednesday 14 December 2005 as follows:

1. THAT Lot 191 DP 577152 and Lot 1 DP 819560 at the intersection of Lackey and Parkes Roads, Moss Vale be reclassified as operational land and rezoned as Residential 2(a). 2. THAT Lot 191 DP 577152 be developed into 3 allotments and sold. 3 THAT some of the proceed from any sale be directed to the upgrading of facilities at Lackey Park, Moss Vale (MN546/05)

Page 96 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

On Wednesday 17 December 2008, Council further resolved, among other things:

THAT Council NOT proceed with the reclassification and rezoning of Lot 191, DP 577152 and Lot 1, DP 819560, Lackey Road Moss Vale and zone the land R2 Low Density Residential accordingly. ( OC 301/08)

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that a formal valuation be obtained from a registered valuer to assess the current market value of the land. It is then suggested that the following works occur:

(No Street Number) Part Lot 1 DP 819560 Lackey Road, Moss Vale Sell the land in ‘as is’ condition as a stand alone lot or combined with the adjoining premises at 556 Argyle Street, Moss Vale.

5 Parkes Road Moss Vale (old cottage) The cottage at 5 Parkes Road Moss Vale is in habitable condition and is currently occupied by a long term residential tenant.

Council would have the option of giving the tenant notice to vacate the premises and then placing the property on the market for sale to give any prospective purchaser(s) vacant possession.

It would appear that the two (2) lots combined would be a more attractive proposition for a property developer or investor.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The cottage has street frontage to Parkes Road, Moss Vale and the adjoining land has frontage to Lackey Road, Moss Vale, opposite the Moss Vale-Unanderra Railway.

The property known as 5 Parkes Road, Moss Vale has a total area of 527.1 square metres. Constructed upon the land is an old cottage which has been occupied under a residential tenancy agreement for a long period of time.

The land adjoining has an area of approximately 1,714 square metres. The land is vacant, having no improvements erected upon it.

The two (2) lots could be marketed individually for sale, or offered to the market for development combined as one lot with a combined total area of approximately 2,241.1 square metres.

Page 97 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The premises and land known as 5 Parkes Road, Moss Vale and the adjoining vacant land are both R2 – Low Density Residential. Properties within the R2 zone have a minimum lot size of 700 square metres.

Relevant State Legislation Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Social It is likely that any redevelopment of the subject property/ies will result in either residential and/or business activities which may create further employment opportunities in Moss Vale. Further potential employment opportunities within Moss Vale would have a positive impact socially, possibly enabling residents to work close to home and thereby improving work/life balance.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications When the subject property/ies are sold, it will, at some stage, be necessary for Council to consider Land Use Application/s for future development. Given that the subject properties may be sold as one lot, appropriate site amalgamation and subsequent redevelopment should ensure a range of business/retail and residential opportunities are provided.

RELATIONSHIP TO CORPORATE PLANS

Within the 2011-2013 Delivery Program & 2011/2012 Operational Plan adopted by Council on 22 June 2011 (M/N208/11), it is Council’s Mission “ to create and nurture a vibrant and diverse community, growing and working in harmony with our urban, agricultural and natural environments .”

Page 98 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

One of Council’s Visions which is appropriate for consideration in this Report is “ Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

Identified within Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” – provide higher density housing within….Moss Vale”. (3.4) b. “Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). c. “Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

There will be minimal budget implications for Council with respect to this proposal which includes a valuation report to assess market value.

Local real estate agents will be contracted to market the property for sale. Agent’s commission is paid by deduction from the proceeds of sale at settlement of the transaction.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing both properties.

RECOMMENDATION

1. THAT a formal valuation report be obtained from a registered valuer to assess the current market value of the property known as 5 Parkes Road, Moss Vale and the adjoining vacant Council land (No Street Number) being known as Lot 1 Deposited Plan 819560 Lackey Road, Moss Vale.

2. THAT the properties referred to in 1 above be marketed for sale AND THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of the property or properties within ten per cent (10%) of the current market value as assessed by formal valuation report.

3. THAT in relation to the sale of Council property 5 Parkes Road, Moss Vale and land known as Lot 1 DP819560 Lackey Park Road, Moss Vale, any necessary documents be executed under the Common Seal of the Council.

Page 99 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Attachment 1

Page 100 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS6 Proposed Sale 17 Oxley Street Berrima, being “Operational” Land

Economy Leadership Reference: 7122, PN1130100 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale of 17 Oxley Street Berrima being land classified as “operational” land for the purpose of raising revenue.

SUMMARY

The property known as 17 Oxley Street, Berrima is vacant land under Council ownership.

As part of a review of potential property for sale, the subject property has been identified as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

The subject property is vacant land within the historic village of Berrima.

As part of an earlier review of land, the subject property was identified as surplus to Council’s needs and on 14 December 2005 Council resolved as follows:

“THAT Lot 19 DP 552150 Oxley Street, Berrima be sold subject to drainage works being undertaken and the land being rezoned to the adjoining residential zoning.” (MN 541/05)

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that the following works occur:

1. That remedial works be undertaken to clear overgrowth of trees and vegetation. 2. That any necessary drainage works be undertaken. 3. That Council lodge a Land Use Application for a dwelling and, if approved, obtain Deferred Commencement. 4. That a formal valuation report be obtained to assess current market value of the property. 5. The land can then be marketed for sale, with LUA approval in place.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

Page 101 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

The land has a gentle slope down to the south from Oxley Street, Berrima. It is considerably overgrown with a dense cover of trees and vegetation and it appears that a watercourse runs through the lot.

The subject property has an area of 2,049 square metres.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned R2 – Low Density Residential . Properties within the R2 zone in Berrima have a minimum lot size of 2,000 square metres.

The property is within a Heritage Conservation Zone and therefore restrictions will apply as to development.

Relevant State Legislation Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Social There are no impacts identified.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications regarding the proposed sale of the subject property.

Page 102 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RELATIONSHIP TO CORPORATE PLANS

One of Council’s Visions which is appropriate for consideration in this report is “ Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

Identified within Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” (3.4) b. “ Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). c. “Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

There will be budget implications for Council with respect to this proposal. It is recommended that funds be used from the Property Development Reserve to enable the necessary clearing and drainage works to occur. Additionally the cost of a formal valuation report will also need to be funded. These monies can be repaid from the proceeds of sale after settlement.

Local real estate agents will be contracted to market the property for sale. Agent’s commission is paid by deduction from the proceeds of sale at settlement of the transaction.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing the subject land.

Page 103 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RECOMMENDATION

1. THAT the necessary remedial landscaping and drainage works be undertaken by Council AND THAT a formal valuation be obtained to assess current market value AND FURTHER THAT a Land Use Application be lodged for a proposed residential dwelling at 17 Oxley Street, Berrima.

2. THAT the cost of the necessary remedial works, Land Use Application and a formal valuation report be paid from the Property Development Reserve AND THAT monies used for this purpose be reimbursed to the Property Development Reserve following the settlement of the sale of 17 Oxley Street, Berrima.

3. THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of 17 Oxley Street Berrima within ten per cent (10%) of the current market value as assessed by formal valuation.

4. THAT in respect of the sale of 17 Oxley Street Berrima, authority be delegated for the execution of any Contract(s) for Sale of Land, Transfer(s) or other dealing(s) under the Common Seal of the Council.

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ATTACHMENT 1

Page 105 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS7 Proposed sale 31 Church Street, Bundanoon, being “Operational” Land

Economy Leadership Reference: 7122, PN359600 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale of 31 Church Street Bundanoon being land classified as “operational” land for the purpose of raising revenue.

SUMMARY

The property known as 31 Church Street, Bundanoon is vacant land under Council ownership.

As part of a review of potential property for sale, the subject property has been recommended as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

The subject property is vacant land within the village of Bundanoon.

Upon reviewing entries in the Public Land Register, Council’s Property Officer identified the subject property as “operational” vacant land.

The subject property, along with other properties, has been considered by the Councillors at a number of informal Briefing Sessions as suitable for sale for the purpose of raising revenue.

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that the following works occur:

1. That such remedial works be undertaken as necessary to clear overgrowth of trees and vegetation. 2. That Council lodge a Land Use Application for a dwelling and, if approved, obtain Deferred Commencement. 3. That if the Land Use Application is approved, a formal valuation be obtained from a registered valuer assessing the current market value of the land. 4. The land can then be marketed for sale, with LUA approval in place.

Page 106 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The land has a reasonable slope down to the rear of the lot from Church Street. It is considerably overgrown with a dense cover of trees and vegetation. Adjoining property with similar topography has constructed residential development.

The subject property has an area of 2,036 square metres which is the less than the minimum lot size.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned R5 –Large Lot Residential . Properties within the R5 zone in Bundanoon have a minimum lot size of 4,000 square metres. While the land at 31 Church Street is below minimum size lot (at 2,036 square metres), Council can consider a Land Use Application for this land for residential development.

Development Control Plan

Bundanoon Town Plan Development Control Plan was adopted by Council on 28 April 2010 and came into effect on 16 June 2010.

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

This region of Bundanoon is classified as forming part of the Southern Highlands Shale Woodland environment and consideration of this classification is required when considering development.

• Social There are no impacts identified.

Page 107 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications regarding the proposed sale of the subject property. • Governance With thorough reporting and through following due process, there is proper governance of Council’s property administration. Proper governance includes probity and transparency in Council’s decision-making processes.

RELATIONSHIP TO CORPORATE PLANS

Identified within Wingecarribee 2031 are the following goals which are linked to the subject of this report:

BUDGET IMPLICATIONS

There will be minor budget implications for Council with respect to this proposal. It is recommended that money be used from the Property Development Reserve to enable the necessary works to occur. In addition, the cost of the Land Use Application and a formal valuation report will also need to be covered. These monies can be repaid from the proceeds of sale after settlement.

Local real estate agents will be contracted to market the property for sale. Agent’s commission is paid by deduction from the proceeds of sale at settlement of the transaction.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing the subject land.

Page 108 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RECOMMENDATION

1. THAT the necessary landscaping works be undertaken by Council AND THAT a Land Use Application be lodged for a proposed residential dwelling at 31 Church Street, Bundanoon.

2. THAT a formal valuation report from a registered valuer be obtained to assess current market value of 31 Church Street, Bundanoon.

3. THAT the cost of the necessary landscaping works, Land Use Application and valuation report be paid from the Property Development Reserve AND THAT monies used for this purpose be reimbursed to the Property Development Reserve following the settlement of the sale of 31 Church Street, Bundanoon.

4. THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of the property within ten per cent (10%) of the formal valuation obtained from a registered valuer assessing the current market value of 31 Church Street, Bundanoon.

5. THAT in respect of the sale of 31 Church Street, Bundanoon, authority be delegated for the execution of any Contract(s) for Sale of Land, Transfer(s) or other dealing(s) under the Common Seal of the Council.

Page 109 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Page 110 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS8 Proposed Sale 371 Drapers Road, Colo Vale being “Operational” Land

Economy Leadership Reference: 7122, PN452600 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale of 371 Drapers Road Colo Vale being land classified as “operational” land for the purpose of raising revenue.

SUMMARY

The property known as 371 Drapers Road, Colo Vale is vacant land under Council ownership.

As part of a review of potential property for sale, the subject property has been recommended as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

The subject property is vacant land within the village of Colo Vale.

Upon reviewing entries in the Public Land Register, Council’s property officer identified the property as “operational” vacant land.

On Wednesday 23 May 2007 this land was considered by Council for sale and it was resolved as follows:

1. THAT the property known as Lot 12 Deposited Plan 788983 be rezoned under the new LEP as IN1 General Industrial or IN2 Light Industrial and the property also be reclassified as operational land.

2. THAT upon rezoning and reclassification of the property known as Lot 12 Deposited Plan 788983 Council transfer the whole of its interest in the property to Chris Lyons of Lyons Transport (or nominee) for the agreed consideration.

3. THAT the consideration to be paid to Council by Mr Lyons (or nominee) for the acquisition is $400,000.00 (inclusive of G.S.T.).

4. THAT Council and the purchaser each bear their own legal costs in respect of the transaction.

5. THAT the Deed of Agreement and transfer documentation for the transfer of title for Lot 12 Deposited Plan 788983 Draper Road, Colo Vale to Mr Lyons or nominee be executed under the Common Seal of the Council.

Page 111 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

As the Contract was subject to rezoning, the sale did not proceed and the property remains in Council ownership.

As part of the WLEP process, Council considered the rezoning and reclassification of the subject property. On Wednesday 17 December 2008, Council resolved, among other things:

THAT Council PROCEED with the rezoning and reclassification of Lot 12, DP 788983, Government Road Braemar as publicly exhibited under Wingecarribee LEP 2007. (OC 301/08)

REPORT

The subject property has been considered by the Councillors at a number of informal Briefing Sessions as suitable for sale for the purpose of raising revenue.

SUGGESTED ACTION

Based on discussions during the informal Briefing Sessions held with the Councillors, it is suggested that the following works occur:

1. That minor works be undertaken as necessary to tidy the land generally; 2. That a formal valuation be obtained from a registered valuer assessing the current market value of the land. 3. Based on the value assessed in the formal valuation, the land can then be marketed for sale.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The land is flat and sparsely vegetated. The adjoining properties are primarily cleared with built industrial development.

The subject property has an area of 4,225 square metres.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned IN1-General Industrial.

Properties within the IN1 zone can be considered for a wide range of industrial and warehouse land uses including selected commercial activities that provide direct services to industrial activities and their work force.

Page 112 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Development Control Plans

Industrial Land Development Control Plan

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Environment Pursuant to Council’s Industrial Land Development Control Plan, a development proposal for industrial zoned land must address environmental issues in a Statement of Environmental Effects.

Pursuant to Section 79C of the Environment Planning and Assessment Act 1979 , Council is required to consider, among other things, environmental impacts and the suitability of the site for the development. In the Industrial Land Development Control Plan, Council has set environmental management objectives and control for compliance by applicants.

• Social There are no current impacts identified.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications regarding the proposed sale of the subject property. Dependent upon the future development of the land there may be broader economic implications.

• Governance Proper governance of Council’s property administration is achieved with thorough reporting and by following due process. Proper governance includes probity and transparency in Council’s decision-making processes.

RELATIONSHIP TO CORPORATE PLANS

2011/2012 Operational Plan adopted by Council on 22 June 2011 (M/N 208/11) it is Council’s mission to “ create and nurture a vibrant and diverse community, growing and working in harmony with our urban, agricultural and natural environments ”.

One of Council’s visions which is appropriate for consideration in this report “Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

The proposal to sell the subject property may mean that the new owner proposes development which could provide future opportunities for local employment. Employment

Page 113 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

opportunities affirm Council’s intent to promote a live locally, work locally, sustainability focus.

In Council’s Strategic Economic Development Plan (2008-2016), Council has identified a number of specific sector initiatives relevant to the Shire which include, among other things, technology, logistics and commercial development.

BUDGET IMPLICATIONS

There will be a minor cost for general maintenance of the land and the cost of the formal valuation report to be covered before the property is placed on the market for sale. These costs will be paid from the Property Development Reserve.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N 316/10).

ATTACHMENTS

1. Aerial photograph showing the subject land.

RECOMMENDATION

1. THAT the necessary maintenance works be undertaken by Council for the property known as 371 Drapers Road Colo Vale AND THAT the cost of the works be paid from the Property Development Reserve.

2. THAT a formal valuation be obtained from a registered valuer to assess the current market value of the property known as 371 Drapers Road Colo Vale AND THAT the cost of the works be paid from the Property Development Reserve.

3. THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of 371 Drapers Road Colo Vale within ten per cent (10%) of the market value assessed by valuation report.

4. THAT in respect of the sale of 371 Drapers Road Colo Vale, authority be delegated for the execution of any Contract(s) for Sale of Land, Transfer(s) or other dealing(s) under the Common Seal of the Council.

5. THAT the cost of maintenance works and valuation report for 371 Drapers Road Colo Vale be reimbursed to the Property Development Reserve following the settlement of the sale of the property.

Page 114 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

Attachment 1

Page 115 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS9 Operational Use by Council of (No Street Number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale being vacant industrial land without dwelling entitlement

Economy Leadership Reference: 7122, PN452102 Responsible Officer: Manager Governance, Manager Business Services.

PURPOSE

Reporting on potential for use of (no street number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale being vacant industrial land without dwelling entitlement classified as “operational” land.

SUMMARY

The property known as (no street number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale being vacant industrial land under Council ownership. As part of a review of potential property for sale, this property is unsuitable for sale given its proximity to the Mittagong Sewerage Treatment Plan and it does not have dwelling entitlement.

It has been suggested that this property maybe made available as a future location for the Wingecarribee Animal Shelter or has potential for a new Council Depot in the future.

DESCRIPTION OF ITEM

BACKGROUND

The subject property is vacant land within the village of Colo Vale.

Upon reviewing the Public Land Register, Council’s Property Officer identified the property as “operational” vacant land. The subject property, along with other properties, has been viewed by the Council and discussed at a number of informal Briefing Sessions.

SUGGESTED ACTION

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that the subject property be “earmarked” for Council’s future operational use.

REPORT

The property known as (no street number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale is vacant industrial land owned by Council.

The property has been identified as unsuitable for sale given its proximity to the Mittagong Sewerage Treatment Plan. Additionally, the property does not have dwelling entitlement.

It has been suggested that this property maybe made available as a future location for the Wingecarribee Animal Shelter or has potential for a new Council Depot in the future.

Page 116 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The land is relatively overgrown with a dense cover of trees and vegetation. The subject property has an area of 5,145 square metres however does not have dwelling entitlement.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned RU2-Rural Landscape.

Development Control Plans

Northern Villages Development Control Plan was adopted by Council on 9 June 2010 and came into effect on 16 June 2010.

Wingecarribee Shire Rural Lands Development Control Plan was adopted by Council on 11 August 2010 and came into force on 18 August 2010.

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Environment Council is committed to the principles of Ecologically Sustainable Development (ESD). The zoning of the subject property encourages sustainable primary industry production and a range of compatible land uses with the intention of maintaining the rural landscape character of the land.

• Social There are no positive or negative impacts identified by the retention of the subject property for Council’s future operational use.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications identified at this point if the subject property is retained for Council’s future use.

Page 117 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

• Governance With thorough reporting and by following due process, there is proper governance of Council’s Property Administration. Proper governance includes probity and transparency in Council’s decision-making process.

RELATIONSHIP TO CORPORATE PLANS

BUDGET IMPLICATIONS

There are no budget implications in respect of the proposal for the subject property.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N 316/10).

ATTACHMENTS

1. Aerial photograph showing the subject land.

RECOMMENDATION

THAT the property known as (no street number) Lot 31 Deposited Plan 831268 Drapers Road Colo Vale being vacant industrial land classified as “operational” be retained for the future operational purposes of Council.

Page 118 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Page 119 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS10 Proposed Sale (No Street Number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong and adjoining (No Street Number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong, being “operational” land

Economy Leadership Reference: 7122, PN1201103, PN1201101 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on the proposed sale of land classified as “operational” land for the purpose of raising revenue. The land the subject of this report are known as (no street number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong and adjoining (no street number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong.

SUMMARY

Both properties are vacant land in Mittagong.

As part of a review of potential property for sale, the subject properties have been identified as suitable for sale.

DESCRIPTION OF ITEM

BACKGROUND

The land the subject of this report adjoins land owned by NSW Land & Housing Corporation who provide community housing.

On Wednesday 14 December 2005, Council considered the potential sale of the subject property and resolved as follows:

1. THAT further investigation be undertaken into the possible closure of part Davy Street and future development with Lot 2, Section 43 Deposited Plan 1374 Davy Street, Mittagong. 2. THAT investigations be undertaken into possible opportunities to acquire other land in the vicinity to enhance access to this property (MN 523/05)

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions with Councillors, it is suggested that the following occur:

(no street number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong

Sell the land “as is” condition as a stand alone lot or combined with the adjoining land at (no street number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong.

Page 120 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

(no street number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong

It is recommended that this lot be sold preferably in conjunction with the adjoining land known as (no street number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong.

REPORT

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and surrounding area has been undertaken. The Etheridge Street lot has frontage to Etheridge Street Mittagong and is in a residential area. The Etheridge Street land has a total area of 1,282 square metres. The land is vacant.

The land off Davey Street (Davey Street being an unformed and closed road) adjoins the Etheridge Street land and is bounded by Chinaman’s Creek and the unformed Davey Street. The Davey Street land has an area of approximately 1,875 square metres. This lot is also vacant.

The two (2) lots could be marketed individually for sale, offered to the market for development combined as one (1) lot or, in the alternative, subdivided appropriately (potentially 3 lots) and then sold individually.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

Both lots of land are zoned R3-Medium Density Residential.

The minimum lot size in the R3 zone is – 700 square metres.

Development Control Plans

Council adopted the Mittagong Town Development Control Plan on 14 April 2010 and this came into effect on 16 June 2010.

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Environment Council’s commitment to the principles of Ecologically Sustainable Development recognizes that urban areas generally, and towns in particular, provides opportunities for environmental conservation. Although such areas are heavily utilised by residence, workers and visitors, it is important to recognise that even small improvements in the natural environment can be achieved, and to act on those opportunities.

Page 121 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

With the proposed sale of the subject properties, Council will no doubt consider a future land use application. It is necessary for Council to consider the extent to which the proposal/s will contribute to the achievement of the R3 zone objectives and the following specific environmental sustainability objectives:

(a) Encourage on-site tree plantings of suitable native species which enhance the urban environment and provide additional tree canopy for wild life habitat;

(b) Ensure that buildings are designed incorporating the principles of ecologically sustainable development by requiring the construction of “energy smart” buildings which meet the required standards for water and air quality, noise, biodiversity and energy, apart from BASIX.

• Social It is likely that any development of the subject properties in the future will result in further housing opportunities in Mittagong. This may have a positive impact socially.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified at this point.

• Broader Economic Implications There are no broader economic implications identified at this stage in the process.

• Governance With thorough reporting and by following due process, there is proper governance of Council’s property administration. Proper governance includes probity and transparency in Council’s decision making processes.

RELATIONSHIP TO CORPORATE PLANS

Within the 2011-2013 Delivery Program & 2011/2012 Operational Plan adopted by Council on 22 June 2011 (M/N208/11), it is Our Mission “ to create and nurture a vibrant and diverse community, growing and working in harmony with our urban, agricultural and natural environments .”

One of Our Visions which is appropriate for consideration in this Report is “ A strong economy that encourages and provides employment, business opportunities and tourism ”.

Identified within the Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” – provide higher density housing within….Mittagong ”. (3.4) b. Sustainable business and industry thrive in Wingecarribee “(5.4) c. Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). d. Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

Page 122 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

BUDGET IMPLICATIONS

Only minor maintenance works are required with respect to the two (2) vacant lots. A formal valuation report will also need to be funded. It is recommended that these costs be funded from the Property Development Reserve and the cost of works will be recovered when the properties are sold.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N 316/10).

ATTACHMENTS

1. Aerial photograph showing both properties.

RECOMMENDATION

THAT a draft Plan of Subdivision be prepared and forwarded to a future meeting of Council with respect to the properties known as No Street Number) Lot 2 Deposited Plan 860768 Etheridge Street Mittagong & adjoining (No Street Number) Lot 2 Section 43 Deposited Plan 1374 Davy Street Mittagong, being “operational” land.

Page 123 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Lot 2 Etheridge Street

Lot 2 Davy Street

Page 124 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS11 Proposed Sale and/or Transfer of (No Street Number) Lots 1, 2 & 6 Section 5 Deposited Plan 111201 Cook Street Mittagong and (No Street Number) Lot 9 Deposited Plan 728069 Cook Street Mittagong, being land classified as “operational” land

Economy Leadership Reference: PO 7122, PN399400 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on the proposed sale and or transfer of land classified as “operational” land for the purpose of raising revenue.

The land the subject of this report is known as (no street number) Lots 1, 2 and 6 Section 5 Deposited Plan 111201 Cook Street Mittagong and (no street number) Lot 9 Deposited Plan 728069 Cook Street Mittagong (“the Cook Street land”).

SUMMARY

The Cook Street land was acquired by Council when purchased for the sum of $30,000.00 on 25 September 1986.

The land adjoins public reserve and is surrounded by residential development.

The Cook Street land has potential to provide options for community housing in addition to having possibilities for sale for residential development.

DESCRIPTION OF ITEM

BACKGROUND

This land was identified as part of an earlier review of land deemed surplus to Council’s need.

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that the following works occur:

1. That a Land Use Application be prepared for the subdivision of (no street number) Lots 1, 2 and 6 Section 5 Deposited Plan 111201 Cook Street Mittagong and (no street number) Lot 9 Deposited Plan 728069 Cook Street Mittagong.

2. That one of the newly created lots is dedicated for community housing with the remainder of the newly created lots offered to the general public for sale.

3. That, following the sale of the Cook Street land, Council contributes funds towards the construction of new playground equipment on the adjoining reserve.

Page 125 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

REPORT

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

The Cook Street land is within an area that primarily comprises residential development.

The land itself is relatively flat and it bounds a small creek.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Development Control Plans

Council adopted the Mittagong Town Development Control Plan on 14 April 2010 and this came into effect on 16 June 2010.

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Environment Council’s commitment to the principles of Ecologically Sustainable Development recognises that urban areas generally, and towns in particular, provides opportunities for environmental conservation. Although such areas are heavily utilised by residence, workers and visitors, it is important to recognise that even small improvements in the natural environment can be achieved, and to act on those opportunities.

• Social The provision of part of the Cook Street land for community housing has potential to have a positive impact on residents on low income.

It is likely that any development of the remaining lots in the Cook Street Land will result in further housing opportunities in Mittagong. This may have a positive impact socially.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified at this point.

• Broader Economic Implications There are broader economic implications identified at this point.

Page 126 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RELATIONSHIP TO CORPORATE PLANS

Identified within the Wingecarribee 2031 are the following goals which are linked to the subject of this report:

a. “Wingecarribee housing options are diverse” – provide higher density housing within….Mittagong ”. (3.4) b. Ensure future development respects the character of the area in which it is located, and reinforce that character with appropriately sited and designed new development ” (3.3.2). c. Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

Only minor maintenance works are required with respect to the Cook Street land. It is recommended that these costs be funded from the Property Development Reserve and the cost of works will be recovered when the properties are later developed and/or sold.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N 316/10).

ATTACHMENTS

1. Aerial photograph showing both properties.

RECOMMENDATION

1. THAT a draft Plan of Subdivision be prepared for the subdivision of (no street number) Lots 1, 2 and 6 Section 5 Deposited Plan 111201 Cook Street Mittagong and (no street number) Lot 9 Deposited Plan 728069 Cook Street Mittagong AND THAT one of the newly created lots be dedicated for community housing with the remainder of the newly created lots offered to the general public for sale.

2. THAT the proposed draft Plan of Subdivision be forwarded to Council for in principle endorsement prior to public exhibition.

Page 127 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Lot 1, 2 & 6 Cook Street

Lot 9 Cook Street

Page 128 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS12 Proposed Reclassification (No Street Number) Lot 1 Deposited Plan 198289 Shepherd Street Bowral, being “Operational” Land

Economy Reference: 7122, PN1701146 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Report requesting reclassification of the property known as (No Street Number) Lot 1 Deposited Plan 198289 Shepherd Street Bowral from “Operational” to “Community” land.

SUMMARY

The property known as (No Street Number) Lot 1 Deposited Plan 198289 Shepherd Street Bowral is classified pursuant to the Local Government Act 1993 as “Operational” land. It is necessary to reclassify the land as “Community” Land to ensure that it is retained for current and future community purposes.

DESCRIPTION OF ITEM

BACKGROUND

Historically the land has been used as part of the Public Reserve.

It appears that the land was originally incorrectly classified as “operational” land and recorded as such in the Public Land Register.

SUGGESTED ACTIONS

Based on discussions during the Briefing Sessions in 2011, it is clear that the current Council is strongly in favour of preserving the land for current and future community land. Therefore it is recommended that the land be reclassified from “operational” land to “community land”.

DETAILS OF PROPOSAL

Subject Site and Locality

An inspection of the site and the surrounding area has been undertaken.

The subject property is located in Shepherd Street Bowral and for all intents and purposes appears to be a part of the public reserve. The public reserve contains the shared cycleway adjacent to Mittagong Creek.

Page 129 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

The land is part of a valuable community asset which should be retained for current and future use.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The subject property is zoned RE1 – Public Recreation.

Therefore the property does not require rezoning as part of the reclassification process.

Relevant State Legislation

Local Government Act, 1993.

Under the provisions of Section 33 and 34 of the Local Government Act 1993 , Council can reclassify land from “Operational” to “Community” by a resolution of Council. Public notice of the resolution to reclassify land from ‘Operational’ to ‘Community’ is required for a period of no less than 28 days.

Section 33 of the Local Government Act 1993 states:

Reclassification of operational land as community land

(1) A council may resolve that public land classified as operational land is to be reclassified as community land.

Section 34 of the Act states:

34 Public notice to be given of classification or reclassification by council resolution

(1) A council must give public notice of a proposed resolution to classify or reclassify public land. (2) The public notice must include the terms of the proposed resolution and a description of the public land concerned. (3) The public notice must specify a period of not less than 28 days during which submissions may be made to the council.

CONSULTATION

Internal Referrals

Referrals/Notice Advice/Response/Conditions Manager Strategic & The land is currently used as part of the public reserve off Community Shepherd Street. The public reserve forms part of the path for the Development shared cycleway and is adjacent to Mittagong Creek. Reclassification ensures the retention of the land as community land for public use.

Page 130 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

SUSTAINABILITY ASSESSMENT

• Social The continued provision of the land as part of the public reserve off Shepherd Street, Bowral provides equity and access to community residents, visitors and tourists to the Shire.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified as a result of the proposal to reclassify the subject land.

• Broader Economic Implications There are no positive or negative implications for the broader economy within or outside of the Wingecarribee Shire.

RELATIONSHIP TO CORPORATE PLANS

Making provision for the retention and enhancement of already utilised civic assets, i.e. retention of the subject property as part of the public reserve aligns with Council’s Vision: “Places that are safe, maintained, accessible, sympathetic to the built and natural environment, that support the needs of the community ”.

BUDGET IMPLICATIONS

There will be negligible costs to Council in respect of the administrative process of reclassification of the subject land.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing the subject property.

Page 131 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

RECOMMENDATION

THAT the vacant land known as (No Street Number) Lot 1 Deposited Plan 198289 Shepherd Street Bowral be reclassified from “operational” to “community” land pursuant to Section 33 and 34 of the Local Government Act 1993.

Page 132 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

ATTACHMENT 1

Page 133 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR CORPORATE SERVICES

o-CS13 Proposed Sale 16 Una Street Bowral being vacant “Operational” Land

Economy Leadership Reference: 7122, PN1520000 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale of 16 Una Street Bowral being vacant land classified as “operational” land for the purpose of raising revenue.

SUMMARY

The property known as 16 Una Street Bowral is vacant land under Council ownership.

As part of a review of potential property for sale, the subject property has been identified as suitable for possible development and/or sale.

DESCRIPTION OF ITEM

BACKGROUND

The subject property is vacant land within Bowral, adjacent to Venables Park.

The whole of the land forming Venables Park was resumed by Bowral Municipal Council for a Public Reserve. The resumption was published by notification in the Government Gazette on 18 May 1958. The park was officially opened on 6 October 1958.

As part of an earlier review of land, the subject property was identified as surplus to Council’s needs and at the Extraordinary Meeting of Council on Wednesday 16 April 2008 Council resolved, among other things, as follows:

MN 127/08

A) THAT all named parks that were identified for reclassification (and which are listed below) be removed from the reclassification list in the draft LEP AND THAT the first option in each recommendation of o-EP1 be adopted with the exception of Apex Park in which the third option of Recommendation J be adopted.

a) Yeo Park - Moss Vale b) Ritchie Park Suttor Road - Moss Vale c) Thwaites Park, Twickenham Place - Moss Vale d) Broughton Park, Broughton Street – Bundanoon e) Acacia Park - Moss Vale f) Rotary Park, Old Bowral Rd, Mittagong g) Venables Park, Una Street – Bowral h) Apex Park – Bowral i) Westwood Park – Bowral j) Henderson Park - Moss Vale

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k) Waratah Park - Colo Vale l) Waratah Park - Colo Vale (Jasmine Street)

Whilst Council previously resolved not to proceed with the reclassification of Venables Park, the land has been reviewed and is still recommended as suitable for potential sale. As the area of land that is utilised as an unofficial car park in Una Street, Bowral is clearly not utilised as public reserve or for passive or active recreational activities, it is recommended that this part of the land be considered for reclassification to “Operational” land to enable development and/or sale.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

Una Street has a mixture of residential development predominantly from the early 19 th century to the late 19 th century. The Bowral Bowling Club is located to the east of the site.

The land is level and its surface is crushed gravel and dirt. The property has been used for a significant number of years as an unofficial car park for employees of the adjacent Bowling Club and as overflow parking for guests and visitors to the club.

The lot has an area of 1,170 square metres.

SUGGESTED ACTIONS

To enable reclassification to “Operational” land, the land needs to be listed in Schedule 4 of WLEP 2010 and a Planning Proposal (PP) is the mechanism to achieve this. Council will need to make a formal resolution in support of the reclassification and a PP will then be prepared and forwarded to the Department of Planning and Infrastructure (DOPI) for a Gateway Determination. If supported by DOPI, the Gateway Determination will advise what consultation is required. The Gateway Determination will also indicate the time frame within which the PP needs to be completed.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned RE1 – Public Recreation and is surrounded by properties in the R3- Medium Density Residential zone.

The property is not within a Heritage Conservation Zone however is located within the 1 in 100 ARI flood level zone

Relevant State Legislation Local Government Act, 1993.

Section 30 of the Local Government Act 1993 states:

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30 Reclassification of community land as operational

(1) A local environmental plan that reclassifies community land as operational land may make provision to the effect that, on commencement of the plan, the land, if it is a public reserve, ceases to be a public reserve, and that the land is by operation of the plan discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a) any reservations that except land out of a Crown grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Lands Act 1989).

(2) A provision referred to in subsection (1) has effect according to its tenor, but only if the Governor has, before the making of the local environmental plan, approved of the provision.

Section 34 of the Act further requires Council to give public notice of any proposal to reclassify Public land.

34 Public notice to be given of classification or reclassification by council resolution

SUSTAINABILITY ASSESSMENT

• Social There are no impacts identified. The land the subject of this report is unofficially used as car park. Its surface is dirt and gravel and it has no use for passive or active recreational activities. Venables Park itself would primarily be accessed directly from Merrigang Street as Merrigang Street is the park ‘frontage’.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications regarding the proposed sale of the subject property.

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RELATIONSHIP TO CORPORATE PLANS

Identified within Wingecarribee 2031 are the following goals which are linked to the subject of this report:

BUDGET IMPLICATIONS

There will be budget implications for Council with respect to this proposal. It is recommended that money be used from the Property Development Reserve to enable the necessary clearing and drainage works to occur. These monies can be repaid from the proceeds of sale after settlement.

Local real estate agents will be contracted to market the property for sale. Agent’s commission is paid by deduction from the proceeds of sale at settlement of the transaction.

ATTACHMENTS

1. Aerial photograph showing the subject land.

RECOMMENDATION

1. THAT Council publicly exhibit the proposal to reclassify the land known as 16 Una Street Bowral to “Operational” land pursuant to Section 30 of the Local Government Act 1993 .

2. THAT following the public exhibition of the proposal to reclassify the land known as 16 Una Street Bowral a further report be forwarded to an Ordinary Meeting of Council for determination as to whether it proceeds with a Planning Proposal for reclassification of the land to “Operational”.

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ATTACHMENT 1

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o-CS14 Proposed Reclassification of Part and Proposed Development and Sale of Part (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral Being Land Classified as “Community” Land

Economy Leadership Reference: 7122, PN128600 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Report outlining the proposed reclassification of part and the proposed development and sale of part of the land known as (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral.

SUMMARY

The land known as (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral is classified pursuant to the Local Government Act 1993 as “operational” land.

Previously identified as surplus to Council’s needs, this land, among others, was considered for reclassification and potential sale in 2007-2008. At that time, Council elected not to proceed with reclassification.

In June 2010 Councillors visited the site and identified it as a parcel of land with potential for subdivision into two lots – one to be sold as a residential lot; the remaining lot to be dedicated to the public as a reserve.

DESCRIPTION OF ITEM

BACKGROUND

This land was purchased by Bowral Council in 1976 by Transfer P667247.

This land was identified as part of an earlier review of land deemed surplus to Council’s needs. On Wednesday 14 December 2005 Council considered the potential reclassification, development and sale of the land and resolved as follows:

1. THAT part of Lot 8 DP 241836 Bevan Place, Bowral be reclassified to operational land and rezoned to the adjoining residential zoning and sold.

2. THAT consideration be given to utilising some of the funds generated by the site for drainage works. (MN 523/05)

On Wednesday 14 April 2008 at an Extraordinary Meeting of Council, Council resolved, among other things, as follows:

C) THAT the following land remains in the reclassification list in the draft LEP AND THAT the second option in each recommendation of o-EP1 be adopted with the

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exception of Mineral Springs Reserve – Mittagong which is to become RE2 Private Recreation under the Draft LEP:

a) Stanley Terrace - Moss Vale b) Woodbine Street – Bowral c) East Kangaloon - RFS Site d) Old Hume Highway – Berrima e) Anembo Street - Moss Vale f) Government Road - Braemar g) Lackey Road - Moss Vale h) Cherry Tree Close - Moss Vale i) Bevan Place – Bowral j) Oxley Hill Road – Bowral k) Bowral Pool – Bowral l) Mineral Springs – Mittagong (MN127/08)

Council further considered the reclassification of the Bevan Place land. On Wednesday 17 December 2008, Council resolved, among other things:

THAT Council NOT proceed with the reclassification and rezoning of Lot 8, DP 241836, Beavan Place (Unnamed Reserve) Bowral and zone the land RE1 Public Recreation accordingly. (OC 301/08)

SUGGESTED ACTIONS

During the informal Briefing Sessions held with Councillors the potential development and/or sale of part of this property was canvassed. While the lot is under-utilised as a reserve, it is clear that Council wishes to retain a substantial portion of the lot for public use. It is suggested that a sketch be obtained from a Surveyor defining a suitable area of land to create a residential allotment meeting the minimum lot size, with the remaining land being dedicated as Public Reserve.

REPORT

In June 2010, Councillors visited the subject property. Informal discussion was held with regard to the potential development and/or sale of part of this property.

While the lot is under-utilised as a reserve (due to its location), it is clear that Council wishes to retain a substantial portion of the lot for public use. It is suggested that a sketch be obtained from a Surveyor defining a suitable area of land to create a residential allotment meeting the minimum lot size, with the remaining land being dedicated as Public Reserve.

The sketch should be forwarded to a future Council meeting for final determination of whether Council will resolve to submit a Planning Proposal to the Department of Primary Industries in respect of the reclassification from “community” to “operational” land of that part of the land that could be excised from the lot for residential development.

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DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site and the surrounding area has been undertaken.

Beavan Place consists of single detached dwellings laid out in a cul-de-sac. To the east and north of the subject land is a medium density development.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The subject property is zoned RE1- Public Recreation. Adjoining properties are zoned R2- Low Density Residential. The minimum lot size in the R2-Low Density Residential zone is 700 square metres.

The subject property is 1,821 square metres in total. If Council excised a maximum of 800 square metres from the subject property, that would still leave 1,000 square metres to be dedicated as Public Reserve.

The subject property adjoins vacant land known as Lot 7 which is a dedicated Public Reserve of approximately 562 square metres in area.

Another issue for consideration is that the front portion of the site is affected by the 1:100 year flood level.

Development Control Plans

Council adopted the Bowral Town Plan Development Control Plan on 10 March 2010. The Plan came into effect on 16 June 2010.

Relevant State Legislation

Local Government Act, 1993.

CONSULTATION

As this is only a preliminary Report canvassing the interest of Council, there has been no external or internal consultation.

Consultation, both external and internal, will of course occur and will be subsequently reported on once there is preliminary proposal to work with.

SUSTAINABILITY ASSESSMENT

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conservation. Although such areas are heavily utilised by residence, workers and visitors, it is important to recognise that even small improvements in the natural environment can be achieved, and to act on those opportunities.

• Social There are no positive or negative impacts identified at this point.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified at this point.

• Broader Economic Implications There are broader economic implications identified at this point.

RELATIONSHIP TO CORPORATE PLANS

Identified within the Wingecarribee 2031 are the following goals which are linked to the subject of this report:

BUDGET IMPLICATIONS

Minimal costs will be incurred with respect to the drafting of a sketch identifying an allotment to be excised as a residential parcel, with the major area of land retained as public reserve.

It is recommended that these costs be funded from the Property Development Reserve.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N 316/10).

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ATTACHMENTS

1. Aerial photograph showing the subject property.

RECOMMENDATION

1. THAT a draft sketch be obtained from a Surveyor with respect to (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral AND THAT it be noted that the purpose of the sketch is to define one (1) residential allotment meeting the minimum lot size, with the remaining land being dedicated as Public Reserve.

2. THAT the surveyor’s sketch referred to in 1 above be forwarded with a further report to a future Council meeting to determine whether Council proceeds with reclassification to “Operational” land of part of the land known as (No Street Number) Lot 8 Deposited Plan 241836 Beavan Place Bowral.

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ATTACHMENT 1

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o-CS15 Proposed Sale of Vacant “Operational” Land known as (No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top, (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top and 15 Harold St, Hill Top

Economy Leadership Reference: 7122, PN1013901, PN1014001, PN611400 Responsible Officer: Manager Governance, Manager Business Services

PURPOSE

Reporting on proposed sale land classified as “operational” land for the purpose of raising revenue.

These parcels of land include:

1. (No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top 2. (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top 3. 15 Harold St, Hill Top.

SUMMARY

The vacant land identified above is land under Council ownership.

As part of a review of potential property for sale, the subject properties have been identified as suitable for sale.

All of the parcels of land are classified as “Operational” land pursuant to the Local Government Act 1993.

DESCRIPTION OF ITEM

BACKGROUND

The subject land comprises three (3) separate properties in the village of Hill Top.

As part of an earlier review of land, the subject properties were identified as surplus to Council’s needs.

At the Extraordinary Meeting of Council on Wednesday 14 May 2008, Council resolved, among other things, that the subject property is to be sold in the future (MN127/08):

D. Council notes the properties listed below are already operational and those properties are to be sold (which are listed below)

a) Queen Street - Moss Vale b) Argyle Street Moss Vale c) Woodville Rd - Moss Vale d) Mylora Street – Hilltop e) Mylora Street - Hilltop(2)

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f) Harold Street – Hilltop g) Davy Street –Mittagong h) Oxley Street – Berrima i) Mittagong - Roscoe Street (Old STP)

SUGGESTED ACTIONS

Based on discussions during the informal Briefing Sessions held with Councillors, it is suggested that the following works occur:

1. That remedial works be undertaken to clear excess overgrowth of trees and vegetation. 2. That any necessary drainage works be undertaken. 3. That a formal valuation by a registered valuer be obtained assessing current market rental. 4. That following receipt of the formal valuation, the properties then be listed with an appointed real estate agent for sale to the general public.

DETAILS OF PROPOSAL

Subject Site and Locality

Inspection of the site of each parcel of land and the surrounding area has been undertaken.

Each of the lots is considerably overgrown with a dense cover of trees and vegetation.

Within the area of the lots identified there is rural-residential development.

The properties known as (No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top are both bush blocks with potential for sale and future residential development.

The third property identified known as 15 Harold Street Hill Top is vacant “operational” land, although it is clear that two (2) residential properties adjoining the vacant land have had approval to construct dwellings using access over the “operational” land, i.e. they have no legal road access. Therefore this property is best identified as for sale by offer to the adjoining owners.

STATUTORY ASSESSMENT

ASSESSMENT - KEY ISSUES

Wingecarribee LEP2010

The property is zoned R5 –Large Lot Residential . Properties within the R5 zone in Hill Top have a minimum lot size of 4,000 square metres.

The area of each of the identified properties is as follows:

(No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top - 4,023 square metres (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top - 1,732 square metres 15 Harold St, Hill Top - 2,878 square metres

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Development Control Plan

The Northern Villages Development Control Plan was adopted by Council on 9 June 2010 and came into effect on 16 June 2010.

Relevant State Legislation

Local Government Act, 1993.

SUSTAINABILITY ASSESSMENT

• Social There are no impacts identified.

• Culture There are no positive or negative impacts on Aboriginal culture and non-Aboriginal culture identified.

• Broader Economic Implications There are no broader economic implications regarding the proposed sale of the subject property.

RELATIONSHIP TO CORPORATE PLANS

Identified within Wingecarribee 2031 are the following goals which are linked to the subject of this report:

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c. “Regulate and encourage the Community to maximise sustainable living though best building practice ” (4.2.5).

BUDGET IMPLICATIONS

There will be budget implications for Council with respect to this proposal. It is recommended that money be used from the Property Development Reserve to enable the necessary clearing and drainage works to occur. In addition, the cost of a formal valuation must also be covered. These monies can be repaid from the proceeds of sale after settlement.

Local real estate agents will be contracted to market the property for sale. Agent’s commission is paid by deduction from the proceeds of sale at settlement of the transaction.

RELATED COUNCIL POLICY

Council’s Asset Management Policy adopted by Council on 28 July 2011 (M/N316/10).

ATTACHMENTS

1. Aerial photograph showing the subject land.

RECOMMENDATION

1. THAT the necessary remedial landscaping works and drainage works be undertaken by Council with respect to the following properties:

(No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top 15 Harold St, Hill Top

2. THAT following completion of the works referred to in 1 above, a formal valuation be obtained from a registered valuer assessing the current market value of each of the properties identified in 1 above.

3. THAT the cost of the necessary remedial works and the fee for the valuation report be paid from the Property Development Reserve AND THAT monies used for this purpose be reimbursed to the Property Development Reserve following the settlement of the sale of:

(No Street Number) Lots 33-52 Section 6 DP1263 Mylora St, Hill Top (No Street Number) Lots 33-40 Section 1 DP1263 Mylora St, Hill Top 15 Harold St, Hill Top

4. THAT the General Manager be delegated authority to negotiate with any prospective purchaser for the sale of the property within ten per cent (10%) of the market value as assessed by formal valuation.

5. THAT in respect of the sale of the properties identified in 1 above, authority be delegated for the execution of any Contract(s) for Sale of Land, Transfer(s) or other dealing(s) under the Common Seal of the Council.

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Attachment 1

Lots 33-52 Mylora Street, Hill Top

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LOTS 33 TO 40 MYLORA STREET HILL TOP

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LOT 37 HAROLD STREET, HILL TOP

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o-CS16 Department of Local Government Comparative Data 2009/10

Leadership Reference: 202 Responsible Officer: Corporate Planner

PURPOSE

To provide Council with an overview of the Department of Local Government (DLG) data, highlighting the comparative results and deviation from mean results.

SUMMARY

The DLG has released the 2009/10 comparative data. Council has strong results in some areas. Other results have been impacted by CDO investments being classified as non re- current, the level of development being undertaken in the Shire compared to other areas of the state, the provision of water and sewer and the special rate increase.

DESCRIPTION OF ITEM

BACKGROUND

There are eleven (11) categories or groupings, which take into consideration the twenty two (22) categories as determined by the Australian Classification of Local Governments (ACLG). Wingecarribee Shire has been grouped as a Group 4 Council. Group 4 Councils are defined as: • Regional town/city • Part of an urban centre with population <1,000,000, predominately urban in nature • Population of up to 70,000 with a density of >30 persons per square kilometre

Other Group 4 Councils are Albury, Armidale Dumaresq, Ballina, Bathurst Regional, Bega Valley, Broken Hill, Byron, Cessnock, Clarence Valley, Coffs Harbour, Deniliquin, Dubbo, Eurobodalla, Goulburn Mulwaree, Great Lakes, Greater Taree, Griffith, Kempsey, Kiama, Lismore, Lithgow, Maitland, Mid-Western Regional, Orange, Port Macquarie-Hastings, Port Stephens, Queanbeyan, Richmond Valley, Shellharbour, Singleton, Tamworth Regional and Wagga Wagga.

It is noted that these groups are based on broad demographic variables and there are often large difference between councils in the same group. As such the DLG advises that: ‘…..groupings are based on broad demographic variables . This information should not be relied upon by councils to argue for individual policy changes’.

The following data is provided as Wingecarribee Shire’s as at 30 June 2009.

Population 46,364 Area (km 2) 2,668.90 Population density (pop’n/area) 17.24 Population growth (5yr average) 1.53 Aboriginal & Torres Strait Islander (ATSI) (%) 1.89 Non English Speaking Background (NESB) (%) 5.45

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REPORT

The following information has been extracted from the comparative data and show the results for Wingecarribee Shire Council (WSC), the Group 4 average, highest and lowest Group 4 results and the NSW state average.

Rating Rates are an important source of a Council’s revenue. There are four key performance indicators for rating: • Average rate per assessment • Outstanding rates and annual charges • Percentage movement in rates and annual charges revenue from previous year • Percentage movement in user charges and fees revenue from previous year

Group 4 Group 4 Group 4 NSW Rating WSC Average High Low Average Average Rate Per Assessment (Residential) ($) 839.96 785.79 1,110.44 557.90 786.00 Average Rate Per Assessment (Farmland) ($) 2,078.89 1,454.97 4,211.38 512.62 1,876.00 Average Rate Per Assessment (Business) ($) 2,393.65 2,910.00 4,700.74 1,260.37 4,151.00 Outstanding rates and annual charges (%) 2.77 5.85 12.17 2.7 5.3 Movement in rates and annual charges 12.43 6.66 13.96 -2.8 6.1 revenue from previous year (%) Movement in user charges and fees revenue 10.88 11.75 27.33 -19.97 7.5 from previous year (%)

Comments: • Council is nearly equal the lowest in the Group for percentage of outstanding rates and annual charges • Council is higher than the groups and state average for movement in rates and annual charges revenue from previous year. This reflects the special rate increase of 9.5% and increase in sewerage access charges.

Financial There are seven key financial performance indicators: • Sources of income from continuing operations • Total continuing operations income per capita • Dissection of expenses from continuing operations • Total expense from continuing operations per capita • Unrestricted current ratio • Debt service ratio • Building and infrastructure renewal ratio

Indicators should not be used in isolation to assess Council’s financial position as individually they do not give the full picture of council’s performance.

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Group 4 Group 4 Group NSW Financial WSC Average High 4 Low Average Sources of income from continuing operations (%) - Rates and annual charges 48.9 42.34 55.12 27.03 47.3 - User charges and fees 21.05 21.56 31.5 8.43 16.8 - Interest 2.31 4.87 12.9 2.31 4.2 - Grants 21.18 19.4 39.99 9.09 16.7 - Contributions 4.53 8.56 15.86 1.79 9.5 - Other revenues 2.04 3.27 14.32 0.08 5.6 Total continuing operating operations income 1061.84 1201.92 2295.58 800.27 1043 per capita ($) Dissection of expenses from continuing operations (%) - Employee costs 31.42 35.28 48.62 27.02 39.4 - Materials & contacts 24.76 28.31 12.81 40.6 25.6 - Borrowing costs 2.21 3.12 7.04 0.3 2.1 - Depreciation 26.38 23.36 34.55 13.67 19.9 - Impairment to total expenditure 0 0.22 4.92 0 0.1 - Other expenses 15.23 9.71 23.53 4.89 12.9 Total expenses from continuing operations 1,204.92 1,272.48 2,070.68 783.47 1,056.00 per capita ($) Unrestricted current ratio (Ratio:1) 1.54 2.26 4.75 1.09 2.71 Debt service ratio (%) 5.2 7.66 19.29 0 5 Building and infrastructure renewal ratio (%) 28.25 72.98 308 9.14 84.41

Comments: • The unrestricted current ratio was impacted by the classification of CDO investments as non re-current. The figure to be reported for 2010/11 will be 2.55. • Lower income contributions in comparison with the group and state average reflect the level of development activity currently being undertaken in the shire. • Higher than average depreciation expense is indicative of the value of assets that Council holds.

Corporate There are two key corporate performance indicators: • Number of equivalent full-time staff • Compliance with statutory reporting deadlines

The equivalent number of full-time staff is based on the total number of full or part-time staff and casual staff.

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Group 4 Group Group NSW Corporate WSC Average 4 High 4 Low Average Number of equivalent full time staff 336 312.89 510 72 293

Comments: • Council has above the group and state average number of equivalent full-time staff. Water and sewer staff are included in this figure, which is not comparable to all Council’s in the group or state. • Council’s full time equivalent staff collectively manages 138 of the Shire’ residents per person. As compared to a group and state average of 127 residents and 126 residents respectively. • Council meet the statutory reporting deadlines for both the Annual Report and Financial Report.

Environmental Management and Health

Group 4 Group Group NSW Environmental Management and Health WSC Average 4 High 4 Low Average Environmental management and health expenses per capita ($) 33.32 37.34 108.46 7.3 32

Recreation and Leisure

Group 4 Group Group NSW Recreation and Leisure WSC Average 4 High 4 Low Average Net recreation and leisure service per capita ($) 82.78 104.84 210.22 57.77 86

Community Service

Group 4 Group Group NSW Community Services WSC Average 4 High 4 Low Average Community services expenses per capita ($) 26.85 78.49 486.41 15.58 67

Comments: • The below average figure would be attributed to Council not running community services facilities such as child care centres, aged care centres, youth centres, cultural centres, regional galleries that many other group councils do.

SUSTAINABILITY ASSESSMENT

• Environment The are no anticipated environmental impacts from this report.

• Social There are no anticipated social impacts from this report. It is identified that Council spends less than the state and group average on community services per capita

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• Broader Economic Implications There are no anticipated economic impacts from this report.

• Culture There are no anticipated cultural impacts from this report.

• Governance There are no anticipated governance impacts from this report. The DLG releases this information annually and can be used by Council and the community to assess Council in comparison across the State. However, each LGA is unique and this information should not be used in isolation.

RELATIONSHIP TO CORPORATE PLANS

The information contained in this report is provided in line with Wingecarribee 2031+ goals 1.1 Our leadership is based on mutual trust to foster and embody values of respect, responsibility, integrity and ethical governance. 1.4 We act in an inclusive manner with open information, communication, views and participation

BUDGET IMPLICATIONS

The are no anticipated budget implications from this report.

RELATED COUNCIL POLICY

There are no anticipated policy implications from this report.

ATTACHMENTS

There are no attachments to this report.

RECOMMENDATION

THAT the information outlined in the report be received and noted.

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o-CS17 Pecuniary Interest Returns as at 30 September 2011

Reference: 101/3 Responsible Officer: Director Corporate Services

PURPOSE

Tabling Register of Pecuniary Interest Declarations as at 30 September 2011.

SUMMARY

All Councillors and “designated employees” must lodge a Disclosure of Interest Return within three (3) months of commencement of their employment with Council and then annually.

Section 450A of the Local Government Act 1993 , requires that these Returns be tabled at the first Council meeting after the last date of lodgement, being 30 September 2011.

The Returns of Councillors and designated persons will be tabled at the meeting.

SUSTAINABILITY ASSESSMENT

• Environment There are no environmental impacts from this report.

• Social There are no social impacts from this report.

• Broader Economic Implications There are no economic impacts from this report.

• Culture There are no cultural impacts from this report.

• Governance This report ensures proper governance by adhering to requirements of the Department of Local Government and the Local Government Act 1993 , ensuring that there is probity and transparency.

BUDGET IMPLICATIONS

There are no budget implications from this report.

RELATED COUNCIL POLICY

There is no related Council policy to this report.

ATTACHMENTS

There are no attachments to this report.

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RECOMMENDATION

THAT the information be received and noted.

Barry W Paull Director Corporate Services

7 October 2011

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INFRASTRUCTURE SERVICES DIVISION o-IS1 Community Engagement Strategy For The Indoor Aquatic Centre

Leadership People Places Reference: 6704/4, 5704/2 Responsible Officer: Director Infrastructure Services

PURPOSE

This report details the proposed community engagement strategy and associated display material for public exhibition for the Moss Vale Swimming Centre Upgrade project and to approve the commencement of the community engagement for the project.

SUMMARY

This report details the community engagement strategy for the Moss Vale Swimming Centre project and the associated public exhibition information.

The report includes details of the following elements for the first round of community engagement: a) Council’s Community Engagement Plan (Attachment 2) b) Concept Plan (Attachment 3) c) Project Sheet (Attachment 4) d) Concept Business Plan (Attachment 5) e) Draft Funding Model f) The community engagement strategy is designed around providing this information to the public and providing a variety of methods for the community to have meaningful input in relation to the project.

DESCRIPTION OF PROPOSAL

BACKGROUND In keeping with the Leadership theme outlined in the 2031+ Community Strategic Plan “ We act in an inclusive manner with open information, communication, views and participation ”, Council needs to embark on a program of effective community engagement to describe to the community its proposal for the upgrade of the Moss Vale Swimming Centre.

Community Engagement is not only important to gauge the feeling of the community towards the project, but it also assists to ensure the end product is acceptable to user groups and ratepayers. Effective public participation facilitates community understanding of the constraints of the project and provides a means for incorporating the public’s needs and ideas into the decision process.

Community Engagement is also an important element in the Department of Local Government’s (DLG) Capital Expenditure Guidelines.

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“The Guidelines have been designed to:

encourage councils to evaluate major capital expenditure by means of a consistent methodology improve the quality of council’s analysis performed in supporting all forms of project funding and capital expenditure enable the financial impact of projects on a council to be quantified, identified and controlled. ” Extract from the DLG’s Capital Expenditure Guidelines

An extract from the Capital Expenditure Guidelines in relation to Community Engagement has been included as Attachment 1 to this report.

REPORT

The concept for the Moss Vale Indoor Aquatic Centre has been developed in consultation with the Indoor Aquatic Working Group that was formed by Council to oversee the project.

The committee consists of Councillors Whipper, Halstead, Mauger and Stranger with a group of community members who were selected by an expression of interest process, plus Council staff.

Council’s plan for engaging the community is highlighted in the “Community Engagement Strategy – Indoor Aquatic Centre” document. This document highlights:

the background to the development of an indoor aquatic facility the purpose of the community engagement the engagement objectives the stakeholders and engagement parameters.

A copy of the Community Engagement Strategy has been included as Attachment 2 , submitted under separate cover.

The public exhibition material consists of a number of elements covering a range of issues for the community to consider.

(a) Concept Plan (Attachment 3)

The concept plan has been developed in consultation with the Working Group with input from Facility Design Group who was an external consultant engaged to assist with the concept development.

The concept currently consists of:

a 25m 8 – lane pool a 230m 2 program pool a zero depth splash play park café changerooms multi-purpose rooms first aid room upgraded plant and equipment

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The plan also includes a features description for the numbered elements in the plan to improve understanding of the concept plan.

(b) Project Sheet (Attachment 4)

The project sheet provides some history to the proposed development of an indoor aquatic centre in the Shire. It also includes some background on decisions that have already been made in relation to the development of the centre and provides some information about some of the decisions that still need to be considered by Council and the community.

This document attempts to answer the many questions the community will have about the project. Additional information will be added as it is requested in a separate ‘Frequently Asked Questions’ information sheet.

A business plan has been developed by Unified Community Sports and Leisure, based on the concept plan. The business plan recommends the inclusion of 300m2 of gymnasium space to improve the profitability of the centre. The plan provides indications of possible operating hours and entry fees. There are base, best and low case scenarios for comparison with the base case (with the gymnasium) operating at a loss of almost $319,000 in the first year improving to a loss of $124,000 by the second year.

(d) Draft Funding Model

The funding model is the subject of a separate report to Council’s Finance Committee. The recommendations of Council’s Finance Committee will be included in the material that will be placed on exhibition.

(e) Concept Construction Cost Estimate

A construction cost estimate has been prepared by Facility Design Group, based on the concept plan, which includes the elements highlighted in the concept plan plus allowances for additional gymnasium space, car parking, landscaping, builder’s fees, professional fees, design and project management and staff costs. The current estimate for the total project cost exceeds $8 million, which will be refined in the design process following the period of community engagement.

It has been recommended by the Indoor Aquatic Strategy Working Group that the total project budget, including project management costs, staff costs and contingencies, is to remain under $8M.

It is proposed to engage the services of a project cost consultant during the design development phases of the project to provide some certainty of the potential project cost until quotations for construction are assembled.

Further details in relation to the project cost will be released to the public as they become available.

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CONSULTATION

The above documents will form the basis of community engagement for the project, with the intention that this base information will be updated as more information becomes available.

It is intended to make the documents available for public comment over a minimum period of 28 days, with a suggested closing date for comments being 11 November 2011. This represents a period of 35 days from the release of the business paper, or 30 days from the Council meeting.

Documents and supporting materials will be displayed at swimming pools, libraries and the Customer Service Counter at the Civic Centre in Moss vale. They will also be hosted in a ‘library’ on the www.yoursaywingecarribee.com.au website.

Information on the consultation process will be widely promoted across a range of media, including local newspapers, radio and internet with feedback being able to be collected from a variety of sources including:

the www.yoursaywingecarribee.com.au website the [email protected] email address postal submissions phone comments facsimilie responses or by personally dropping comments in to the Civic Centre

SUSTAINABILITY ASSESSMENT

Various issues relating to sustainability will be reviewed during the course of the community engagement and the design development and will be discussed in greater detail at a later date.

RELATIONSHIP TO CORPORATE PLANS

2031+ Community Strategic Plan - Leadership theme:

“We act in an inclusive manner with open information, communication, views and participation ”. “We all work together in a flexile and responsive way utilising community values to achieve our vision for Wingecarribee 2031+ ”

BUDGET IMPLICATIONS

The project itself will have significant budget implications for Council. The community engagement information includes a draft funding model for discussion with the community. The feedback will be considered by Council following the completion of the exhibition period.

RELATED COUNCIL POLICY

This process is directly related to Council’s Community Engagement Policy which states that:

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“The objective of this policy is to describe how Council will engage with the community and what the various roles and responsibilities will be to ensure that community engagement becomes part of our business operation.”

OPTIONS

Community Engagement is a very important element of the project development. At this time, a process of providing information for the community to review is considered the most appropriate starting point. Following this initial round of consultation, the Community Engagement Plan can be updated to focus on the elements that are considered the highest priority.

ATTACHMENTS

There are 5 attachments to this report: (Items 2 – 5 will be circulated under separate cover)

1 Extract from DLG’s Capital Expenditure Guidelines on Community Engagement 2 Community Engagement Strategy – Indoor Aquatic Centre 3 Concept Plan 4 Project Sheet 5 Concept Business Plan

RECOMMENDATIONS

1. THAT Council endorses the information including:

Council’s Community Engagement Plan Concept Plan Project Sheet Concept Business Plan Draft Funding Model (as determined by Council’s Finance Committee)

for distribution as part of the Community Engagement Strategy AND THAT this information be placed on public exhibition for a minimum period of 28 days and the community be encouraged to comment on the proposal.

2. THAT the outcomes of the public exhibition period be reported to a future meeting of Council.

3. THAT Council notes that the Working Group has recommended an upper limit of $8 million on the project cost AND THAT Council notes the cost and scope of the total project will be refined following the community engagement, such that the cost projections for the total project do not exceed $8 million in 2011 dollars.

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ATTACHMENT 1 Extract from the Department of Local Government’s Capital Expenditure Guidelines

10.7 Public Consultation Process

Councils must undertake public consultation and engagement processes prior to making any commitment to the project. Like other aspects of council business, councils are strongly encouraged to involve the community in decision making around capital projects. It is a requirement under these guidelines, that councils prepare a report on the public consultation process undertaken to bring the project to the review state as well as providing details on the process, for ongoing reporting on the project to the council and the community. The report should include:

• how council conveyed the social, economic, employment, financial and environmental impacts of the project to the community • confirmation that the project is included in the council’s community strategic plan, delivery program and operational plan • details of the consultation processes council has in place to allow participation by affected groups and consideration of their views • a public interest evaluation showing a positive outcome for the broader community, which includes but is not limited to; effectiveness, accountability and transparency, equity, public access, consumer rights, security and privacy. • details of the methods used by council to inform the broader community of the proposed project, its key elements and decisions made in relation to the project. This may include community newsletters, community surveys, newspaper or radio advertisements, etc. • council’s planning process to enable the community be provided with sufficient information to be adequately informed. To be considered sufficient the delivery program and operational plan should include: o purpose of project and benefits to the community o costs and funding sources, and o construction time frames • details of the public reaction to the proposal including any statistics on the outcome of surveys, any correspondence received from the community, etc • details on any public meetings held in regard to the proposal

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o-IS2 Canyonleigh Road

Governance & Management Economic Management Reference: 7810/3 Responsible Officer: Operations Manager

PURPOSE

Reporting on the findings of recent pavement investigations along Canyonleigh Road from near the Illawarra Highway to Foxgrove Road and recommending allocation of additional funding to allow for road rehabilitation to be undertaken this financial year.

The condition of this section of Canyonleigh Road is the subject of a petition from residents of the Canyonleigh area to which this report also refers.

BACKGROUND

Canyonleigh Road is the sole sealed access road for residents of the Canyonleigh area. Council’s Asset Management System shows the road was constructed prior to 1985 and currently carries in the order of 740 vehicles per day with 9% heavy vehicles. The majority of the heavy vehicle movements along this section are associated with the bauxite quarry located along Canyonleigh Road.

In the past, Council has carried out heavy patching of localised failures along Canyonleigh Road. In recent time, and particularly with the return to more normal weather patterns, engineers have noticed a rapid deterioration in the pavement along Canyonleigh Road, with these failures being widespread rather than localised. Of particular concern, is that many failures involved considerable pavement deformation and heaving, increasing the risk of vehicles losing control.

Council is in receipt of a petition from residents of Canyonleigh regarding the condition of this section of Canyonleigh Road requesting action to address the poor pavement.

REPORT

INTRODUCTION

The pavement along this section of Canyonleigh Road comprises a spray sealed surface over a pavement consisting of approximately 270mm of bauxite, obtained from the local quarry. The subgrade along the section comprises clays of varying quality, but generally with high moisture contents. Bauxite pavements have a tendency to be “fatty”, that is, they have a higher than desired percentages of fine particles (clay) which makes it sensitive to moisture.

In order to address the most serious of the pavement failures and deformation, Council awarded a tender for heavy patching during early 2011, with a program of patching works being recently completed. While this patching work has addressed the most serious safety concerns, areas of pavement adjacent to the new patches, as well as other areas of the road, continue to fail at a concerning rate.

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Council engaged Downer EDI Works Pty Ltd (Downer) to undertake investigations of the pavement along Canyonleigh Road with a view to recommending rehabilitation options. Downers were selected for this work as they have extensive experience in pavement rehabilitation involving recycling of existing materials, including stabilising clay-rich materials to improve their performance.

Based on the outcomes of the pavement investigations and detailed laboratory testing, Downer have provided Council with a comprehensive report outlining the work required in order to address the ongoing pavement failures along this section. In summary, the report confirmed suspected deficiencies with the existing bauxite pavement, namely high plasticity and poor size distribution/excessive fines. The report also identified that regardless of material issues, the existing pavement depth is inadequate to cater for the growing traffic volume using the road, which is an increasingly common problem around the Shire as population and traffic volumes grow.

While the report identified 9 potential treatment options, for various technical reasons, only two options were feasible. These were:

1 Full reconstruction with granular pavement – remove and dispose of existing pavement materials (for technical reasons, it was not recommended to leave these in place under a new pavement) and construct a 370mm thick granular pavement 2 Modify and stabilise 270mm of existing pavement, add 100mm additional pavement

Both options were subject to further investigation, including additional laboratory testing and a full life cycle costing, with the preferred option being identified as Option 2.

PROPOSED WORK

In summary, Downer have recommended a three stage process, comprising:

1 Blending 270mm of existing pavement with quicklime to reduce plasticity. A “mellowing” period of at least 48 hours is recommended to allow the lime to act on the clay. 2 Blending this layer with a cement/fly ash blend to increase material strength to sub-base quality. 3 Placing a 100mm layer of DGB20 road base over the “stabilised” pavement and applying primer seal.

In terms of carrying out this work, there are two options open to Council:

1 Full service contract – a contract is let covering all aspects of the project, including traffic control; supply and blending of the stabilising agents; shape, trim and compact treated areas; pavement quality control testing; supply, trim and compact DGB20 overlay; and place primer seal and linemarking 2 Part service contract – Council crews undertake traffic control and pavement works, with stabilising agents and blending machines supplied by a contractor.

While the part service contract is an attractive option in that it allows for the use of Council crews, it is recommended a full service contract be awarded. Reasons include an already congested works program for Council crews, potential for better tender prices due to the size and cost of the work, plus the added advantage that the contractor’s crews are familiar with this type of work thereby reducing risk to Council.

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Prior to undertaking this work, a program of shoulder grading and drainage improvements will be carried out along the road to address any localised drainage problems which could be contributing to moisture ingress into the pavement. This work will be carried out by Council crews.

COST

As mentioned, included in the Pavement Investigation Report was a full life cycle costing of the two most feasible options, these being the full granular reconstruction and modification/stabilising and granular overlay. This identified that over the 20 years design life, the preferred option would work out approximately half the cost of the other option.

Using the initial estimated construction cost quoted in the report as a guide and comparing indicative rates from neighbouring Councils, it is estimated the cost to undertake the required works is in the order of $33 - $35 per square metre. Over the 4km section and assuming a target width of 6m, this comes to an estimated cost in the order of $850,000, allowing for pre-construction works. Of course, a more accurate figure will be known once tenders are received.

Council has provided $280,000 of funding for the rehabilitation of one segment of Canyonleigh Road in the current IRS budget. An additional $420,000 of IRS funding had been identified for a further 2 segments in the 2012/13 budget in the Road Rehabilitation Priority Schedule, giving a total allocation over the 2 years of $700,000. These estimates were based on a single stabilising run followed by a granular overlay. As the report has identified, additional works are required to produce the desired outcomes meaning this amount will be insufficient.

Council can chose to undertake the required works all at once, or over two or more years to spread the cost. Given that pavement failures and deformations are ongoing, it is recommended that Council undertake the full rehabilitation as soon as possible to reduce the risk of having to undertake additional and costly heavy patching to maintain road safety.

CONSULTATION

There has been ongoing consultation with Canyonleigh residents. This project was discussed by a number of residents at the Information Kiosk held at Canyonleigh Hall on 5 October 2011.

SUSTAINABILITY ASSESSMENT

• Environment Recycling of existing pavement material will eliminate the need to dispose of some 22,000 tonnes of existing pavement materials. It will also reduce the volume of new material required from 22,000 tonnes to 6,000 tonnes, along with the reduction in environmental impacts associated with processing and haulage of material.

The quicklime used in the first stage of the process is highly caustic and reacts violently with water, generating a great deal of heat and steam. Once blended with existing pavement materials it binds with the clay particles and poses no environmental concern.

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• Social Rehabilitation of Canyonleigh Road will enable safer travel along this section of road.

• Culture Not applicable

• Broader Economic Implications Savings in pavement maintenance associated with the rehabilitated pavement.

• Governance The rehabilitation of Canyonleigh Road has been identified as a high priority in Council’s Road Rehabilitation Priority Schedules.

RELATIONSHIP TO CORPORATE PLANS

The rehabilitation of this section of Canyonleigh Road is listed on Council’s Delivery Plan.

BUDGET IMPLICATIONS

It is recommended that this project be undertaken in the current financial year. As only $280,000 is available in the current budget, it is further recommended that priorities be adjusted as described below.

Council allocated $400,000 from the 2010/11 IRS Program and $400,000 from Roads to Recovery for work on Merrigang Street, Bowral, between Bendooley Street and Mittagong Rivulet. Due to ongoing issues with water and gas services under Merrigang Street, work on this section is yet to commence and is unlikely to proceed until 2012.

Council also allocated $400,000 in the 2011/12 IRS Road Rehabilitation to continue reconstruction on Merrigang Street east of Mittagong Rivulet. This section also has issues with services meaning work is unlikely to commence until at least the second half of 2012. Therefore, it is recommended that the $400,000 allocated to this section be re-allocated to Canyonleigh Road to accelerate this work, with the work on Merrigang Street east of Mittagong Rivulet deferred to 2012/13.

Council had identified $350,000 of Roads to Recovery funding for 2011/12 for the rehabilitation of Bundaroo Street, Bowral in conjunction with planned intersection work by the RTA at the intersection of Bong Bong Street and Station Street. As the RTA has not funded the intersection work, it is recommended that the Bundaroo Street work be deferred until 2012/13 with the funding this frees up being allocated to Canyonleigh Road to make up the balance of the cost of the work.

RELATED COUNCIL POLICY

The rehabilitation of this section of Canyonleigh Road has been identified as a high priority in Council’s Asset Management Plan.

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ATTACHMENTS

There are three (3) attachments to this report as follows:

1 Location Plan 2 Executive Summary of investigation report 3 Copy of petition from residents

A copy of the Pavement Investigation is available on request.

RECOMMENDATION

1. THAT Council notes the outcomes of the pavement investigation on Canyonleigh Road and the work be undertaken in the current financial year.

2. THAT Council allocates an additional $400,000 of funding from IRS Road Rehabilitation towards rehabilitation of Canyonleigh Road by deferring work on Merrigang Street, east of Mittagong Rivulet, until 2012/13.

3. THAT Council allocates $170,000 from the Roads to Recovery Program towards pavement rehabilitation on Canyonleigh Road by delaying rehabilitation of Bundaroo Street, Bowral until 2012/13.

3. THAT a further report on the Roads to Recovery Program be prepared when advice on this program is received.

4. THAT tenders be called for this work, with work to be undertaken early in 2012.

5. THAT the petitioners be notified of Council’s decision.

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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o-IS3 Provision of Design and Project Management Services for the Moss Vale Swimming Centre Upgrade

Places Reference: 6330/11.07 Responsible Officer: Director Infrastructure Services

PURPOSE

SUMMARY

This report is to detail the evaluation of the select tenders received in response to Council’s invitation to tender for the provision of design and project management services for the upgrade of the Moss Vale Swimming Centre. The report recommends that Council authorises the Mayor and General Manager to enter into negotiations with the preferred tenderer and authorises them to execute the contract following successful negotiations.

DESCRIPTION OF PROPOSAL

BACKGROUND

At the Ordinary Council meeting of 10 August 2011, Council endorsed the following motion:

1 THAT Council confirms that the selection process for a suitably qualified and experienced Consultant for the provision of design and project management services for the proposed Moss Vale indoor aquatic facility be by select tender. 2 THAT Council endorse the recommendation of the Expression Of Interest Evaluation Panel in relation to the short listing the following companies to invite them to tender in relation to the provision of design and project management services for the proposed Moss Vale indoor aquatic facility: (a) ABA Construction Managers Pty Ltd (b) Davis Langdon Australia Pty Ltd (c) Facility Design Group Pty Ltd (d) GHD Pty Ltd

Letters with invitations to tender were forwarded to the shortlisted companies via email on Tuesday 23 August 2011. The letter advised that tender documents were available on the NSW Government eTender website.

Tender submissions closed at 10:00am on Tuesday 13 September 2011 and tenders were received from the four shortlisted companies.

RECOMMENDATION

THAT the recommendations contained within the Closed Report to Council, cc-GM2 be adopted.

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o-IS4 Provision Of Engineering Consultancy Services For Bridge Designs At Eight (8) Locations Within Wingecarribee Shire

Places Reference: 6330/11.06 Responsible Officer: Manager Engineering Services

REPORT

PROJECT DESCRIPTION

Council wishes to engage a suitably qualified and experienced Consultant to carry out preparation of investigation, hydraulic modelling, detailed designs and specifications for replacement of eight (8) timber bridges. These bridges have been identified for replacement in Council’s Infrastructure Priority List.

Kirkland Road, East Kangaloon Caalang Creek, Kangaloon Road, Robertson Nattai River Bridge, Colo Street, Mittagong Maltings Bridge, Ferguson Crescent, Mittagong Mittagong Rivulet Bridge, Merrigang Street, Bowral Barrengarry Creek, Belmore Falls Road, Robertson Diamond Fields Road, Mittagong Gunrock Creek Bridge, Meryla Road, Meryla

The project is intended to be undertaken in two stages with an options study being undertaken to confirm the most appropriate approach for the bridge replacements to be assessed and approved prior to moving to detailed design for each location.

BACKGROUND

Local Government Procurement has been prescribed under the Local Government Act. This enables LGP to undertake tendering, contract formation, management and related services as a bulk purchasing organisation and permits local government to access those arrangements.

“LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 163 Application of Part 163 Application of Part

(1) This Part applies to all contracts for which a council is required by section 55 of the Act to invite tenders.

Note: This Part does not apply to other kinds of contracts. However, a council may apply provisions of this Part (with any necessary alterations) to other kinds of contracts if it wishes to do so.

(1A) The following persons are prescribed for the purposes of section 55 (3) (a) of the Act :

(i) Local Government Procurement Partnership (ABN 34 578 553 267), (ii) MAPS Group Limited trading as Strategic Purchasing (ABN 45 058 335 363).

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(1B) To avoid doubt, a reference to a person prescribed by subclause (1A) includes any duly appointed agent of that person.

(2) For the purposes of section 55 (3) (n) of the Act , section 55 does not apply to a contract involving an estimated expenditure or receipt of an amount of less than $150,000”

The Engineering, Planning and Development and Community Professional Consulting Services Panel has been established by LGP to provide easy access to a variety of consulting professionals for local government.

Request for Tenders

The Request for tender were advertised via the Local Government Procurement’s (LGP) Vendor Panel website in the Engineering, Planning and Development and Community Professional Consulting Services Panel, with the closing date and time of 16 August 2011 at 4:00pm.

Tenders Received

Eight tenders were received from the following companies:

Cardno (NSW/ACT) Pty Ltd Complete Urban Pty Ltd GHD Pty Ltd Local Government Engineering Services Mott Macdonald Hughes Trueman Pty Ltd Opus International Consultants Rice Project Management Services

RECOMMENDATION

THAT the recommendations contained within the Closed Report to Council, cc-GM1 be adopted.

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o-IS5 Cunningham Park - Master Plan and Plan of Management

People Places Reference: 6551/2 Responsible Officer: Director Infrastructure Services

PURPOSE

This report addresses a Question from the Public raised at Council’s meeting of 14 September 2011 in respect of Cunningham Park.

BACKGROUND

At the meeting of Council held on 14 September 2011, a Question was received from the Public asking whether Councillors were aware that on 24 March 2010, Council unanimously endorsed the Master Plan for Cunningham Park, allowing all of the Park, except for the gravelled area within the existing bollards, to be recognised as Southern Highland Shale Woodland, which is an Endangered Ecological Community (EEC), which also means that all exotic trees in the EEC will eventually need to be removed.

REPORT

At the Council meeting held on 24 March 2010, Council adopted the Master Plan for Cunningham Park. The Resolution is reprinted below:

1. THAT in relation to Cunningham Park, Council endorse the Master Plan by way of:

(a) A rest area for passive recreation with regular maintenance every three (3) weeks. (b) The area of Southern Highlands Shale woodland indicated by cross hatching on the map be maintained by way of best practice Bushcare revegetation techniques, under the direct care of Council’s Bushcare team.

2. THAT the small strips of land between the (gravelled) rest area and the side street (Ormond Street) and alongside Exeter Road containing Endangered Ecological Communities be denoted by way of cross hatching and included in the care of the Bushcare team.

3. THAT the development of a Plan of Management for Cunningham Park be given high priority AND THAT the Plan of Management be undertaken in-house.

4. THAT a list of the Plans of Management needing to be undertaken for the management of Council’s community land come before Council for consideration.

The Master Plan for the reserve nominates specific locations as a rest area for passive recreation and Southern Highlands Shale Woodlands.

Whilst the Southern Highlands Shale Woodlands is an Endangered Ecological Community (EEC), Council is not under legal obligation to control any tree species found in the reserve.

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The Threatened Species Act, which sets out the legislative framework for EECs, puts no formal legislative obligation on the land manager/owner to control weed species within EECs. Similar to any farm in the area which contains EECs, they are also not required to control vegetation other than noxious weeds. Council staff maintain that no permission has ever been granted to remove any tree species from the reserve.

Should any of the trees which were vandalised survive, Council will not remove them, including the Oak trees along the road verge. These Oaks are not listed on the Master Plan for removal and were planted by like-minded volunteer community people to the current Bushcare Group working in Cunningham Park.

The trees that have been poisoned are being monitored and will be removed as their health deteriorates and as they become a risk to the public.

In respect to Item 3 of Council’s Resolutions of 24 August 2010, ‘ THAT the development of a Plan of Management for Cunningham Park be given high priority AND THAT the Plan of Management be undertaken in-house’, this work has not yet been undertaken. The recruitment of a Recreational Planner to prepare Plans of Management is currently being undertaken and once an appointment is made to the position, the Plan of Management for Cunningham Park will be prioritised for completion in 2012.

CONSULTATION

There was extensive consultation with the stakeholders for Cunningham Park when the Master Plan was prepared.

SUSTAINABILITY ASSESSMENT

• Environment Part of Cunningham Park is a Southern Highland Shale Woodland area and passive recreational area and will be subject a Plan of Management in 2012.

• Culture Not applicable

• Broader Economic Implications Not applicable

• Governance A Master Plan for the management of Cunningham Park was adopted by Council on 24 March 2010.

RELATIONSHIP TO CORPORATE PLANS

Environmental and Social

BUDGET IMPLICATIONS

The Parks and Reserves Maintenance Budget will be utilised to pay for any tree removal required as a result of the recent vandalism.

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RELATED COUNCIL POLICY

NIL

ATTACHMENTS

1. Master Plan for Cunningham Park (a larger colour copy has been circulated under separate cover)

RECOMMENDATION

THAT Council receives and notes the information contained in this report.

Michael Brearley Director Infrastructure Services

7 October 2011

Page 179 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF DIRECTOR INFRASTRUCTURE SERVICES

ATTACHMENT 1

Page 180 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COUNCIL MATTERS

GENERAL MANAGER’S REPORTS c-GM1 Request for Leave of Absence – Mayor Clr Ken Halstead

Reference: 101, Pers Responsible Officer: Manager Governance

PURPOSE

To seek leave of absence from Council.

REPORT

The Mayor Clr K Halstead has written to Council on 30 September 2011 advising that he is seeking leave of absence from Council for the period from Tuesday 1 November 2011 to Friday 25 November 2011, including the Ordinary Meetings of Council to be held on Wednesday 9 and 23 November 2011.

RELEVANT LEGISLATION

The Local Government (General) Regulation 2005 - Section 235A Leave of Absence - states as follows:

(1) A councillor’s application for leave of absence from council meetings should, if practicable, identify (by date) the meetings from which the councillor intends to be absent.

(2) A councillor who intends to attend a council meeting despite having been granted leave of absence should, if practicable, give the general manager at least 2 days’ notice of his or her intention to attend.

MANAGEMENT PLAN ISSUES OR IMPLICATIONS

There are no Management Plan Issues or Implications in relation to this request.

POLICY IMPLICATIONS

There are no Policy Implications in relation to this request.

BUDGET IMPLICATIONS

There are no Budget Implications in relation to this request.

ATTACHMENTS

There are no attachments to this report.

Page 181 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

RECOMMENDATION

THAT the Mayor Clr K Halstead be granted leave of absence from Council for the period from Tuesday 1 November 2011 to Friday 25 November 2011, including the Ordinary Meetings of Council to be held on Wednesday 9 and 23 November 2011.

Page 182 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

c-GM2 Election of Delegates and Representatives to Council Committees for 2011/2012

Leadership Reference: 107 Responsible Officer: Manager Governance

PURPOSE OF REPORT

Reporting on the election of delegates and representatives to Council Committees for 2011/2012.

At its Meeting held on Wednesday, 28 September 2011, Council resolved as follows:

“THAT consideration of the Election of Delegates and Representatives to Committees, External Committees and Organisations for 2011/2012 be deferred to the next Ordinary Meeting of Council to be held on Wednesday, 12 October 2011.”

REPORT

Councillors are required to carefully consider their commitment and workloads on Council Committees and where possible exercise due diligence to ensure an equitable share of the workload.

To assist Councillors in this matter detailed below is information in relation to the purpose of the committee together with the number of times that committee meets during the year.

Also detailed are the Councillors, community members and Council staff who served on the committees for the period 2010/2011.

ATTACHMENTS

There are no attachments to this report.

Page 183 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COMMITTEES

1. Access Committee 2. Community Representative Review Committee 3. Environment & Sustainability Committee 4. Finance Committee 5. General Manager’s Performance Review Committee 6. Integrated Planning and Reporting Committee 7. Internal Audit Committee

ACCESS COMMITTEE File No 1828/3 (Meets as required or by the Councillor Chair of the Committee)

To address disability access in the Shire relevant to Council facilities To act as an avenue for communication between the Shire’s residents with a disability and aged population, disability related service providers and Council regarding the needs, issues, services and events; to provide advice to Council and other community representatives as required on matters concerning issues relevant to citizens within the Shire with a disability or other accessibility restrictions including the review of Council and government policies which affect the Shire’s planning responsibilities and provision for services provide best practice accessibility 2010/2011 2011/2012

Councillors: Clr T D Gair (Chair) Councillors: ______(Chair) Alternate Delegate: Clr D Stranger Alternate Delegate: ______

Reps: Jill Chauncy, Dympna Irwin, Pamela Cormick, Reps: Jill Chauncy, Dympna Irwin, Pamela Cormick, Bruce Mumford, Robyn Sercombe and Russell Leith Bruce Mumford, Robyn Sercombe and Russell Leith

Organisation Reps: Megan Rich (Disability Organisation Reps: Megan Rich (Disability Services Services Australia) or alternate delegate, Paul Australia) or alternate delegate, Paul Hartley (Vision Hartley (Vision Australia), TBA (Macarthur Disability Australia), TBA (Macarthur Disability Services) or Services) or Alternate Delegate (TBA), Alex Traill Alternate Delegate (TBA), Alex Traill (Spinal Cord (Spinal Cord Injuries Australia), (Linda Sabato Injuries Australia), (Linda Sabato Alternate Delegate), Alternate Delegate), Amanda Carkagis (Essential Amanda Carkagis (Essential Personnel), Peg Ludwig Personnel), Peg Ludwig (The Disability Trust), Tony (The Disability Trust), Tony McElhinney (Challenge McElhinney (Challenge Southern Highlands), Bruce Southern Highlands), Bruce Mumford (Multiple Sclerosis Mumford (Multiple Sclerosis Support Group), Pat Support Group), Pat Fulton (Hearing Impaired) Fulton (Hearing Impaired)

Staff: Community Worker Ageing & Disability Staff: Community Worker Ageing & Disability

Page 184 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COMMUNITY REPRESENTATIVE REVIEW COMMITTEE File No 107/1 (Meets as required)

To review and make recommendations on all community representatives applying for community positions on Council 2010/2011 2011/2012

Councillors: The Mayor Clr K Halstead Councillors: The Mayor [The Mayor and the Chair of the relevant committee [The Mayor and the Chair of the relevant committee (if (if they are a Councillor) or the Deputy Mayor if the they are a Councillor) or the Deputy Mayor if the Chair of Chair of that Committee is not a Councillor] that Committee is not a Councillor] Staff: General Manager Staff: General Manager

ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No 107/25 (Meets bi-monthly (alternate to the Sustainability Sub-Committee) with meetings to be held from 9.30 am to 12.30 pm

To discuss and advise on projects that support sustainability; to discuss and advise Council on proposed works and budgets proposed under the Wingecarribee Our Future Environment (WOFE) program AND to monitor and review progress of the WOFE program; To monitor and review environmental issues relating to road reserves and lineal reserves, and the implementation of Council’s Roadside Management Plan 2010/2011 2011/2012

Councillors: Clr L A C Whipper (Chair), Clr J R Councillors : (3) Clark and Clr D Stranger (1) ______(Chair)

(2) ______

(3) ______

Community Members: Margaret Krahenbuhl, Jan Community Members: Jan Hainke, Jane Lemann, Hainke, Jane Lemann, Maree Byrne and Leon Hall Maree Byrne and Leon Hall (one position vacant)

Reps: HNCMA Rep Geoff O’Connor; NPWS Rep Reps: HNCMA Rep Geoff O’Connor; NPWS Rep Pat Pat Hall; SCA Rep Alan Benson; Department of Hall; SCA Rep Alan Benson; Department of Industry & Primary Industry Rep Lori McWhirter Investment Rep Lori McWhirter Staff: Manager Environment & Sustainability, Staff: Manager Environmental Sustainability, Natural Natural Resources Coordinator Resources Coordinator

Page 185 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

FINANCE COMMITTEE File No 107/34 (Meets four (4) times per year with meetings scheduled for the third Wednesday of September, November, February and May)

The Finance Committee shall have responsibility for providing recommendations to Council on all aspects of financial strategy, policy and performance reviews, including the following: Review and provide direction on the Draft Management Plan and Budget priorities and works programmes on an annual basis; review Quarterly Financial Reports and make recommendations on identified budget variations and issues; review and make recommendations on Policy Statements of Council that relate to financial matters; review and make recommendations on financial strategy including the Ten Year Financial Plan; review and make recommendations on Council’s Revenue Policy including all rates, fees and charges, Section 64 and Section 94 fees; review and make recommendations on Council’s borrowing strategy and programme; provide recommendations on other matters relating to policy and strategy decision that affect financial transparency, accountability and sustainability. The Committee shall serve for the four (4) year tenure of Council. 2010/2011 2011/2012

Councillors: All Councillors with Clr J Arkwright in Councillors: All Councillors with the Chair ______in the Chair Alternate Chair: Mayor Clr K Halstead Alternate Chair: Mayor of the Day

______

Staff: (non-voting members) General Manager, Staff: (non-voting members) General Manager, Director Corporate Services, Manager Financial Director Corporate Services, Manager Financial Services and other staff as required from time to Services and other staff as required from time to time time

Page 186 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

GENERAL MANAGER’S PERFORMANCE REVIEW COMMITTEE File No Pers, 800

To review the General Manager’s performance on a six (6) monthly basis and to report back and provide advice to Council following the review (if required)

2010/2011 2011/2012

Councillors: Mayor of the Day (Clr K Halstead); A Councillors: Mayor of the Day; A Councillor of the Councillor of the General Manager’s Choosing, an General Manager’s Choosing, an independent independent facilitator; every other Councillor facilitator; every other Councillor providing an providing an individual review of the Mayor to be individual review of the Mayor to be collated and collated and considered in the final scoring considered in the final scoring

NOTE :

In July 2011 the Division of Local Government issued guidelines for the appointment and oversight of General Managers. As a consequence of this document, a report will be required to Council requiring a review of the General Manager’s Performance Review Committee.

INTEGRATED PLANNING & REPORTING COMMITTEE File No 500/2.4 (Meets bi-monthly)

To oversee and lead the work being undertaken to develop a Community Strategic Plan for the Shire; To oversee and lead the transition to the new legislative requirements as the Community Strategic Plan is implemented and Council’s shorter term plans align and integrate with the new community direction. . 2010/2011 2011/2012

Councillors: Mayor of the Day (Clr K Halstead) Councillors: Mayor of the Day (Chair), Clr T D Gair and Clr D Stranger ______(Chair)

2. ______

3. ______

Staff: General Manager, Director Corporate Staff: General Manager, Director Corporate Services, Director Environment & Planning, Director Services, Director Environment & Planning, Director Infrastructure Services, Corporate Planner and Infrastructure Services, Corporate Planner and Manager Organisational Performance Manager Organisational Performance

Page 187 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

INTERNAL AUDIT COMMITTEE File No 107/34 (Meets at least four (4) times per year with one of these meetings to include review and endorsement of the annual audited financial reports and external audit opinion)

To provide independent assurance and assistance to Council on risk management, control, governance, and external accountability responsibilities. Within the scope of its role and responsibilities, to: obtain any information it needs from any employee or external party (subject to their legal obligations to protect information); discuss any matters with the external auditor or other external parties (subject to confidentiality considerations); request the attendance of any employee or councillor at Committee meetings; obtain external legal or other professional advice considered necessary to meet its responsibilities. 2010/2011 2011/2012

Councillors: Mayor Clr K Halstead; Clr J Arkwright Councillors: (3) (Chair – initially for 12 month period expiring in 1. ______September 2010), Clr P R Tuddenham and Clr D Stranger 2. ______

3. ______

Community Reps: Janet Edwards, Noel Crellin, Community Reps: Janet Edwards, Noel Crellin, OAM, FCA and Lyle Briggs (appointed for the term OAM, FCA and Lyle Briggs (appointed for the term of Council) and one position vacant of Council) and one position vacant Staff: (non voting) General Manager, Director Staff: (non voting) General Manager, Director Corporate Services and Manager Financial Services Corporate Services and Manager Financial Services Invitees: (non voting) Representatives of the Invitees: (non voting) Representatives of the external auditor, other officers may attend by external auditor, other officers may attend by invitation as requested by the Committee invitation as requested by the Committee

NOTE :

THE DIVISION OF LOCAL GOVERNMENT HAS ADVISED THAT THE MAYOR SHOULD NOT BE A MEMBER OF THE INTERNAL AUDIT COMMITTEE AND THEREFORE HE HAS BEEN DELETED FROM THE 2011/2012 NOMINATIONS.

COUNCIL MAY WISH TO APPOINT A FURTHER COUNCILLOR TO THE INTERNAL AUDIT COMMITTEE OR LEAVE THE REPRESENTATION AT THREE (3) COUNCILLORS.

Page 188 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

ADVISORY COMMITTEES

1. Community Services Advisory Committee 2. Public Art Advisory Committee 3. Resource Recovery Centre Strategic Advisory Board 4. Southern Regional Livestock Exchange Strategic Advisory Board 5. Traffic Committee 6. Water & Sewerage Advisory Committee 7. Wingecarribee Aboriginal Advisory Committee 8. Wingecarribee Floodplain Risk Management Advisory Committee 9. Wingecarribee Youth Advisory Council (“YAC”)

Page 189 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COMMUNITY SERVICES ADVISORY COMMITTEE File No 1800/17 (Meets as required or by the Councillor Chair of the Committee)

To advise Council and the community on social issues. To act as an avenue for communication between the community, residents, community service providers and Council regarding community needs, issues and services; to provide advice to Council and other community representatives as required on matters concerning social or community issues within the Shire including the review of council and government policies which affect the Shire’s social planning responsibilities 2010/2011 2011/2012

Councillors: Clr J R Clark (Chair), Clr G Councillors: (4) McLaughlin (Alternate Chair), Clr J Mauger and Clr (1) ______(Chair) L A C Whipper (2) ______

(3) ______

(4) ______

Reps: Susan Sainsbury (Highlands Community Reps: Susan Sainsbury (Highlands Community Centre), Lesley Oatley (Argyle Housing), Service Centre), Lesley Oatley (Argyle Housing) provider representative for each of the following Service provider representative for each of the target groups: Children, Youth, Families, Elderly following target groups: Children, Youth, Families, people, People with a Disability, Aboriginal, Alan Elderly people, People with a Disability, Aboriginal, Hunt and Annette Dubokovich (Independent Alan Hunt and Annette Dubokovich (Independent community members) community members) Representative from each of the following Working Representative from each of the following Working Groups: Access, Seniors, Youth and Aboriginal Groups: Access, Seniors, Youth and Aboriginal Kate Partington (Wingecarribee Community Health Kate Partington (Wingecarribee Community Health Care) Care) Matt Harden (Anglicare) Matt Harden (Anglicare) TBA (Wingecarribee Family Support Services TBA (Wingecarribee Family Support Services Representative), Bruce Mumford (Access Representative), Bruce Mumford (Access Committee), Elizabeth Shepherd (Volunteering Committee), Elizabeth Shepherd (Volunteering Wingecarribee) Wingecarribee)

Staff: Manager Strategic & Community Staff: Manager Strategic & Community Development, Co-ordinator Community Development, Co-ordinator Community Development Development

Page 190 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

PUBLIC ART ADVISORY COMMITTEE File No 1650/13 (Meets four (4) times per year or as determined by the Council or Chairperson)

To assist Council to meet the objectives of the Public Art Policy and Guidelines; To support Council’s Public Art guiding principles in relation to a wide variety of Public Art forms; To advocate for Public Art to be incorporated into Council’s infrastructure projects impacting on the Shire’s public spaces as well as broader development projects

2010/2011 2011/2012

Councillors: Clr J G Arkwright and Clr G Councillors: (2) McLaughlin (1) ______

(2) ______

Reps: Ms Gillian McCracken, Ms Elizabeth Charles Reps: Ms Gillian McCracken, Ms Elizabeth Charles and Ms Deborah Burdett and Ms Deborah Burdett One Aboriginal community representative as One Aboriginal community representative as nominated by the Wingecarribee Advisory nominated by the Wingecarribee Advisory Committee (TBA) Committee (TBA)

Staff: Cultural Development Officer, Senior Assets Staff: Cultural Development Officer, Senior Assets Engineer - Roads Engineer - Roads

Page 191 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

RESOURCE RECOVERY CENTRE ADVISORY COMMITTEE File No 7500/19 (Meets at least four (4) times per year, at such times as the Advisory Board may determine)

To review and monitor the strategic direction set for the RRC and provide advice to Council and Senior Management on the overall direction and strategies implemented to achieve the agreed objectives, noting the following corporate objectives endorsed by Council: Maintain and enhance community wealth; provide a continuing business opportunity for Stakeholders; ensure all risks are directly managed by those directly involved and provide a facility for Community Engagement and to provide feedback and advice on strategies devised by Management to achieve the objectives set by Council. 2010/2011 2011/2012

Councillors: Mayor Clr K Halstead (Chair), Clr J R Councillors: (5) Clark, Clr G McLaughlin, Clr J Mauger and Clr T D Gair (1) ______(Chair)

(2) ______

(3) ______

(4) ______

(5) ______

Community Reps: Carl Peterson, Geoff Byrne and Community Reps: Carl Peterson, Geoff Byrne and Peter Reynolds Peter Reynolds

Staff: General Manager or delegate; Director Staff: General Manager or delegate; Director Infrastructure Services or delegate; Director Infrastructure Services or delegate; Director Corporate Services or delegate; Manager Resource Corporate Services or delegate; Manager Resource Recovery or delegate Recovery or delegate

NOTE :

THE MAYOR HAS INDICATED THAT HE DOES NOT WISH TO PARTICIPATE ON THIS COMMITTEE AND THERE IS AN OPPORTUNITY FOR AN ADDITIONAL COUNCILLOR TO BE APPOINTED TO THIS COMMITTEE OR IT COULD BE REDUCED TO FOUR (4) COUNCILLORS.

Page 192 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

SOUTHERN REGIONAL LIVESTOCK EXCHANGE STRATEGIC ADVISORY BOARD File No 7170/01 (Meets as Required)

To provide guidance to Management on objectives and strategies, policy and performance monitoring 2010/2011 2011/2012

Councillors: Clr T D Gair (Chair), Clr J Mauger Councillors: (3) (Alternate Chair) and Clr D Stranger (1) ______(Chair)

(2) ______

(3) ______

Reps: Geoffrey James, Brian Wallis and Anthony Reps: Geoffrey James, Brian Wallis and Anthony Guinness Guinness

Staff : Director Corporate Services, Manager Staff: Director Corporate Services, Manager Business Units Business Units

TRAFFIC COMMITTEE File No 107/6 (Meets approximately every 6 weeks to 8 weeks)

To provide technical recommendations to Council on traffic and road safety matters in the Shire. The Roads and Traffic Authority (RTA) is responsible for the control of traffic on all roads in NSW. The RTA has delegated certain aspects of the control of traffic on local roads to Councils. The Local Traffic Committee (LTC) is a committee which enables Councils to meet their responsibilities to the RTA as part of powers delegated to Councils by the RTA; to advise on traffic and road safety related matters. The LTC is not a committee of Council. 2010/2011 2011/2012

Councillors: Clr P B Tuddenham (Chair) Councillors: (1) ______(Chair) Alt Delegates: Mayor Clr K Halstead and Clr J Alt Delegates: (2) Mauger (no voting rights) (1) ______

(2) ______

Reps: Roads & Traffic Authority; Reps: Roads & Traffic Authority; Police Service; Police Service; Local Member of State Parliament (or nominee) Local Member of State Parliament (or nominee)

Staff: Traffic Engineer (no voting rights) Staff: Traffic Engineer (no voting rights)

Page 193 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

WATER & SEWERAGE ADVISORY COMMITTEE File No 7799/2 (Meets every three months at the Civic Centre, Moss Vale)

To discuss water supply and sewerage schemes with Department of Commerce, Department of Energy, Utilities & Sustainability and Sydney Catchment Authority 2010/2011 2011/2012

Councillors: Clr J Mauger (Chair), Clr P B Councillors: Mayor of the Day and three (3) Tuddenham (Alternate Chair), Mayor Clr K Halstead, Councillors Clr T D Gair (1) ______(Chair)

(2) ______(Alt Chair)

(3) ______

Alt Delegate: Clr G McLaughlin Alt Delegate: ______

Reps: Department of Commerce, Sydney Reps: Department of Commerce, Sydney Catchment Authority, Department of Environment & Catchment Authority, Department of Environment & Climate Change, Department of Water & Energy Climate Change, Department of Water & Energy

Staff: General Manager, Director Infrastructure Staff: General Manager, Director Infrastructure Services, Sewerage Projects Co-Ordinator, Manager Services, Sewerage Projects Co-Ordinator, Manager Financial Services and Asset Manager Financial Services and Asset Manager

Page 194 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

WINGECARRIBEE ABORIGINAL ADVISORY COMMITTEE File No 1826/4 (Meets 4 times per year as well as whenever required to do so by Council or by the Councillor Chair of the Committee)

Role: Assist in the planning for the annual NAIDOC week celebrations; Assist in the preparation and monitoring of Council’s Policies as they relate to residents who are Aboriginal or Torres Strait Islander; Provide advice on matters referred to the Committee by Council; Participate in other Working Groups as required Objectives: To act as an avenue for communication between the Shire’s Aboriginal and Torres Strait Islander residents, the wider community, service providers and Council regarding the concerns, issues and culturally appropriate services which the Aboriginal and Torres Strait Islander Community of Wingecarribee Shire require; to provide advice to Council as required on matters concerning the Aboriginal and Torres Strait Islander community including the preparation and review of Council and government policies and cultural protocols which affect the Shire’s Aboriginal and Torres Strait Islander community 2010/2011 2011/2012

Councillors: Clr L A C Whipper and Clr J Mauger Councillors: (2) (1) ______(Chair)

(2) ______

Alternate Chair: As agreed Alternate Chair: As agreed

Reps: Representative of each Local Aboriginal Reps: Representative of each Local Aboriginal Community Association being Yamanda and Kula N Community Association being Yamanda and Kula N Gadu, Moyengully, Gibbergunyah and Men’s Group Gadu, Moyengully, Gibbergunyah and Men’s Group David Hough (Gundungurra Traditional Owner) David Hough (Gundungurra Traditional Owner) Vacant (Dharawal Traditional Owner), Vacant (Dharawal Traditional Owner), Velma Mulcahy and Eileen (Annie) Warren Velma Mulcahy and Eileen (Annie) Warren

Staff: Manager Strategic and Community Staff: Manager Strategic and Community Development, Aboriginal Liaison Officer Development, Aboriginal Liaison Officer

Page 195 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

WINGECARRIBEE FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE File No 8100 (Meets as required)

To oversee the implementation of floodplain management across the Shire and to comply with the requirements of the Floodplain Development Manual as well as a condition of grant funding, it is essential that Council operates a floodplain risk management committee. The floodplain risk management committee will be an advisory committee to Council, with an aim to assist Council in the prioritisation, preparation and implementation of Floodplain Risk Management Plans across the Shire.

2010/2011 2011/2012

Councillors: Mayor Clr K Halstead (Chair), Clr J Councillors: (1) ______(Chair) Mauger (Deputy Chair), Clr D Stranger (Additional Council Delegate) Deputy Chair: ______

Additional Council Delegate: ______

Reps: Mr Carl Peterson (SES Controller), Mr Barry Reps: Mr Carl Peterson (SES Controller) Mr Barry Anstee Anstee

Staff: Design & Projects Manager, Design & Staff: Design & Projects Manager, Design & Construction Engineer Construction Engineer

WINGECARRIBEE SHIRE YOUTH COUNCIL(“YAC”) File No 107/12 (One meeting per school term or as required by the Councillor Chair of the Committee)

Assist in the planning for Youth week celebrations and other events throughout the year; Assist in the preparation and monitoring of Council’s Policies associated with the Shire’s Youth; Provide advice on matters referred to the Committee by Council; Participate in other Working Groups as required 2010/2011 2011/2012

Councillors: Clr L A C Whipper (Chair) Councillors: (1) ______(Chair)

Alternate Delegate: Clr P B Tuddenham Alternate Delegate: ______

Reps: (up to 24) Jessica Pitt, Jack Greening, Elliot Reps: (up to 24) Jessica Pitt, Jack Greening, Elliot Smith, Patrick McKinnon, Eleanor Davies, Katelyn Smith, Patrick McKinnon, Eleanor Davies, Katelyn Savage and Aiden Henson Savage and Aiden Henson

Staff: Youth Liaison Officer Staff: Youth Liaison Officer

Page 196 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

WORKING GROUPS

1. Accommodation for People With a Disability Working Group 2. Alexandra Square Working Group 3. Arts & Culture Board (Working Group) 4. Botanic Gardens Working Group 5. Bowral Memorial Hall Redevelopment Working Group 6. Community Grants (Assistance) Working Group 7. Companion Animals Working Group 8. Development Assessment Continuous Improvement Working Group 9. Economic Development and Tourism Working Group 10. Exeter Park Working Group 11. Heritage Advisory Working Group 12. Highlands Source Project Working Group 13. High Speed Rail Working Group 14. Indoor Aquatic Strategy Working Group 15. Macquarie Street Working Group 16. Seniors Working Group 17. Tulip Time Working Group 18. Wingecarribee Sport & Recreation Working Group

Page 197 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

ACCOMMODATION FOR PEOPLE WITH A DISABILITY WORKING GROUP File No 5600/8

To identify a suitable site to establish a house for people with a disability; To seek Government Grants to help finance the project; To oversee the design and construction phases; To recommend to Council the preferred model for operation and management, once established. 2010/2011 2011/2012

Councillors: Clr T D Gair, Clr D Stranger, Clr J Councillors: (1) ______Mauger (and other interested Councillors) (2) ______

(3) ______Staff: Aged & Disability Worker, Co-ordinator Staff: Aged & Disability Worker, Co-ordinator Community Development Community Development

ALEXANDRA SQUARE WORKING GROUP File No 1660/1 (Meets as required to do so by Council or the Chairperson)

To review and develop the option of a proposed regional gallery for the future use of the Alexandra Square site; To investigate if that option complies with the terms of the Deed of Trust, with the investigations to be conducted prior to the Council Meeting to be held on Wednesday, 24 November 2010; To canvass and consult with the community regarding the option developed by the Working Group; To further report to a future meeting of Council, detailing the option and the community feedback received on the option 2010/2011 2011/2012

Councillors: Clr J G Arkwright and Clr L A C Councillors: (2) Whipper (1) ______

(2) ______

Staff: General Manager plus two (2) other staff Staff: General Manager plus two (2) other staff nominees nominees

Page 198 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

ARTS AND CULTURE BOARD WORKING GROUP File No 1660/1 (Meets 4 times per year as well as whenever required to do so by Council or the Chairperson)

To act as an avenue for communication between the community, residents, community associations and Council regarding arts and cultural development needs, issues and activities within the community; to provide advice to Council as required on matters concerning arts and cultural activities and community cultural development within the Shire including the review of Council and government policies which affect the Shire’s arts and cultural resources and facilities and applications for Community Assistance Scheme 2010/2011 2011/2012

Councillors: Clr J G Arkwright (Chair) and Clr G Councillors: (2) McLaughlin (1) ______(Chair)

(2) ______

Reps: Elizabeth Brown (Representative from Reps: Elizabeth Brown (Representative from Southern Tablelands Regional Arts (STARTS) ) Southern Tablelands Regional Arts (STARTS) )

Community Reps: Harlan Hall, Gillian McCracken, Community Reps: Harlan Hall, Gillian McCracken, Josina Metcalfe, and Richard Ruhfus and Dave Josina Metcalfe, and Richard Ruhfus and Dave Letch Letch

Staff: Community & Cultural Development Officer Staff: Community and Cultural Development Officer

Page 199 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

BOTANIC GARDENS WORKING GROUP File No 6500/22 (Meets bi-monthly or as required by the Councillor Chair of the Committee)

To supervise the preparation of the Master Plan; To seek funding from appropriate sources; To involve the community where required in the planning and development of the gardens; To develop a Business Plan for the operation of the gardens; To oversee the implementation of landscape and infrastructure works.

2010/2011 2011/2012

Councillors: (2) Councillors:

Reps: Charlotte Webb (Southern Highlands Botanic Reps: Gardens Inc), Chris Webb (Southern Highlands Botanic Gardens Inc)

Staff: Manager Strategic & Community Staff: Development, Co-ordinator Parks Operations

NOTE :

A REPORT IS BEING PRESENTED TO COUNCIL AT THIS MEETING TO APPOINT A NEW COMMITTEE – REFER ITEM NO o-EP3 - DRAFT AGREEMENT BETWEEN COUNCIL AND THE SOUTHERN HIGHLANDS BOTANIC GARDENS INC – ON PAGE 17.

Page 200 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

BOWRAL MEMORIAL HALL REDEVELOPMENT WORKING GROUP File No 7225/4 (Meets according to the requirements of the project)

To develop an architects brief for the redevelopment project which takes into account matters raised in submissions and includes the need to obtain advice from a theatre design consultant, structural engineer and universal access consultant and seeks a cost effective solution, and to submit this to tender according to Council procurement procedures; To obtain accurate costings for the redevelopment project through the engagement of a quantity surveyor; To prepare and submit a DA for the redevelopment project; To prepare a funding plan for the redevelopment project; To develop a business plan and management model for operating the facility 2010/2011 2011/2012

Councillors: Clr J G Arkwright and Clr G Councillors: (2) McLaughlin (1) ______

(2) ______

Reps: Harlen Hall, Dave Letch, Robert Clarke and Reps: Harlen Hall, Dave Letch, Robert Clarke and Tony Trapnell Tony Trapnell

Staff: Cultural Development Officer, Built Assets Staff: Cultural Development Officer, Built Assets Co- Co-ordinator ordinator

Page 201 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COMMUNITY GRANTS (ASSISTANCE) WORKING GROUP File Nos. 107/5, 1870 (Meets twice (once before Scheme opens in January and once to consider recommendations from Working Groups) or by the Councillor Chair of the Committee)

To evaluate applications received by Council for Community Assistance Grants and make recommendations to Council on funding; to receive recommendations from other Council Working Groups/Committees for allocation of grants and donations 2010/2011 2011/2012

Councillors: Clr T D Gair, Clr J G Arkwright (as Councillors: Mayor of the day and (1) Councillor Chair of Arts & Culture Board), Clr J R Clark (as representative from each of the following Chair of Community Services Advisory Committee) committees: and Clr P B Tuddenham (as Chair of the ______Wingecarribee Sport & Recreation Working Group) Chair Arts and Culture Board

______

Chair Community Services Advisory Committee ______Chair Wingecarribee Sport & Recreation Working Group

Alternate Delegate: Clr J Mauger Alternate Delegate: ______Staff: Co-ordinator Community Development Staff: Co-ordinator Community Development

Page 202 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

COMPANION ANIMALS WORKING GROUP File No 5500/4.4 (Meets at least twice per year or as required by the Councillor/Chair of the Working Group)

Legislation for Council to comply with the Companion Animals Act and to advise Council on policy for the care, protection and welfare of companion animals. To provide timely and relevant advice for the management of Companion Animal issues within the Shire, and to advise where appropriate, for the effective and efficient management of the Wingecarribee Animal Shelter Meet per Council determination to discuss specific matters (as determined by Council) relating to companion animal management as they arise, and to provide advice as to the effective and efficient resolution of these issues Inspections of the Animal Shelter be conducted twice per year 2010/2011 2011/2012

Councillors: Clr L A C Whipper and Clr D Stranger Councillors: (2) (1) ______(Chair)

(2) ______

Reps: Megan Kain, Tania Skinner, Diana Fenton, Reps: Megan Kain, Tania Skinner, Diana Fenton, Keith Edwards, Trevor Fenton, Grant Poolman, Keith Edwards, Trevor Fenton, Grant Poolman, Candy Raymond, Michael Fenton-Jones and Sarah Candy Raymond, Michael Fenton-Jones and Sarah Hennessy Hennessy

Staff: Manager Environmental Sustainability, Staff: Manager Environmental Sustainability, Manager Environmental Assessment, Head Ranger Manager Environmental Assessment, Head Ranger and staff as required (non voting) and staff as required (non voting)

Page 203 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

DEVELOPMENT ASSESSMENT CONTINUOUS IMPROVEMENT WORKING GROUP File No 5302 (Meets monthly until the end of 2011 in order to establish priorities, time lines and deliverables and then quarterly thereafter in February, May, August and November each year. Update reports will be presented to full Council after each quarterly meeting)

To provide a Forum for an ongoing focus in the area of development assessment review and potential for improvement; Staff to relay information on initiatives, performance and engagement with industry and community; Councillors to relay information on feedback they are receiving from those exposed to the system, both applicant and community, as well as what they would like to achieve and why; Community members and industry representatives to share ideas and provide feedback on strengths and weaknesses of the system; To allow for evolution of process improvement, cultural change and strengthening of teamwork between Councillors and staff 2010/2011 2011/2012

Councillors: Three (3) Councillors (all Councillors Councillors: (3) can attend) (1) ______

(2) ______

(3) ______

Reps: No permanent members, but through Reps: No permanent members, but through invitation attendance by a range of people with invitation attendance by a range of people with varied skills and experience to provide ideas and varied skills and experience to provide ideas and comment comment

Staff: Director Environment & Planning (Chair), Staff : Director Environment & Planning (Chair), Manager Environmental Assessment, Team Leader Manager Environmental Assessment, Team Leader Environmental Assessment, General Manager (ex Environmental Assessment, General Manager (ex officio) officio)

Page 204 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

ECONOMIC DEVELOPMENT AND TOURISM WORKING GROUP File No 107/24 (Meets a minimum of 4 times per year or by the Councillor Chair of the Committee)

Fostering the development of an international business culture in the Shire which in turn creates investment and growth, encourages enterprise, innovation and excellence; Supporting local business growth, investment and entrepreneurship; Facilitating new investment both domestic and foreign; Providing leadership within Council and the community on tourism, business and economic development issues; Increasing the capacity of individuals, enterprises and communities to contribute to the Wingecarribee economy 2010/2011 2011/2012

Councillors: Clr P B Tuddenham (Chair), Clr J G Councillors: (3) Arkwright and Clr G McLaughlin (1) The Mayor Clr K Halstead (ex officio )

(2) ______(Chair)

(2) ______

(3) ______

(4) ______

(5) ______

Reps: Paul Rubie and Barry Anstee (Tourism), Reps: Paul Rubie and Barry Anstee (Tourism), Alan Spence (Manufacturing), Terry Oakes Ash Alan Spence (Manufacturing) and Terry Oakes Ash (Southern Highlands Business Chamber), Peter (Southern Highlands Business Chamber), Peter Smyth (Community Rep) Smyth (Community Rep) ( in transition until Council appoints new community representatives )

Staff: General Manager, Director Corporate Staff: General Manager, Director Corporate Services, Director Environment & Planning; Services, Director Environment & Planning; Economic Development Co-ordinator and Manager Economic Development Co-ordinator, Manager Tourism Tourism, Personal Assistant to the Director Corporate Services

NOTE :

THIS MATTER WAS DEALT WITH AT THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 28 SEPTEMBER 2011 - PLEASE REFER TO ITEM o-CS5 – DRAFT TERMS OF REFERENCE – ECONOMIC DEVELOPMENT AND TOURISM ADVISORY COMMITTEE – AS FOLLOWS - MN 342/11 :

1. THAT Council agrees to the proposed new structure and adopts the revised draft Terms of Reference – Economic Development and Tourism Advisory Committee, as detailed in Attachment 1 to the report, with the exception of “Meeting Schedule” which should read as follows:

“It is anticipated that the Advisory Committee will meet monthly, subject to the discretion of the Chairperson and in consultation with the members.”

Page 205 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

2. THAT the existing community representatives of the current Economic Development and Tourism Working Group remain in transition until Council appoints new community representatives.

3. THAT external applicants be invited to participate in the Economic Development and Tourism Advisory Committee through an Expression of Interest process as per the Terms of Reference as detailed in Attachment 1 to this report.

FURTHER NOTE :

HAVING REGARD TO THE ABOVE RESOLUTION, THE ECONOMIC DEVELOMENT & TOURISM WORKING GROUP WILL NOW BE KNOWN AS THE ‘ECONOMIC DEVELOPMENT AND TOURISM ADVISORY COMMITTEE’

EXETER PARK WORKING GROUP File No 107/16 (Meets as required by the Councillor/Chair of the Working Group)

To reach agreement on a project for the upgrading for Exeter Park Hall and amenities that would meet the needs of stakeholders.

2010/2011 2011/2012

Councillors : Clr J R Clark and Mayor of the Day Clr K Halstead Alternate Delegate : Clr J G Arkwright Community Reps: One representative from the following community groups: Exeter Park Management Committee Exeter Village Association Soccer Club Croquet Club Exeter CWA Tennis Club

Staff: Director Infrastructure Services (or his nominee) and relevant staff from Engineering Services Branch

NOTE :

THE EXETER PARK WORKING GROUP HAS BEEN DISBANDED AND THERE IS NO REQUIREMENT TO APPOINT COUNCILLORS, COMMUNITY REPRESENTATIVES AND STAFF.

Page 206 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

HERITAGE ADVISORY WORKING GROUP File No 107/16 (Meets as required by the Councillor/Chair of the Working Group)

To promote and raise the community’s awareness of heritage; To provide advice to Council as required on the management of heritage within the Shire including the review of Council and government policies which affect the Shire’s heritage. 2010/2011 2011/2012

Councillors : Clr J R Clark (Chair), Clr J G Arkwright Councillors: (3) and Clr G McLaughlin (1) ______(Chair)

(2) ______

(3) ______

Reps: Linda Emery (The Berrima District Historical Reps : Linda Emery (The Berrima District Historical & Family History Society), Eric Savage (National & Family History Society), Eric Savage (National Trust of Australia (NSW) Berrima District Branch), Trust of Australia (NSW) Berrima District Branch), Laurel Cheetham (Australian Garden History Laurel Cheetham (Australian Garden History Society, Southern Highlands Branch) Society, Southern Highlands Branch)

Community Representatives: Charlotte Webb, Community Representatives: Charlotte Webb, Dennis McManus and Ian Stapleton Dennis McManus, Ian Stapleton

Staff: Manager Strategic & Community Staff: Manager Strategic and Community Development, Heritage Land Use Planner Development, Heritage Planner

Page 207 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

HIGHLANDS SOURCE PROJECT WORKING GROUP File No 7790/20

To follow through on concerns Wingecarribee Shire Council residents have with Land Acquisition issues, following a representations to Councillors from a meeting held on 11 October 2010. 2010/2011 2011/2012

Councillors : Mayor of the Day Clr K Halstead and Clr D Stranger

Reps: Alan Hunt, Doug Pratt, Graham Brown and other representatives who may wish to be included

Staff: One staff member nominated by the General Manager

NOTE :

THE HIGHLANDS SOURCE PROJECT WORKING GROUP HAS BEEN DISBANDED AND THERE IS NO REQUIREMENT TO APPOINT COUNCILLORS, COMMUNITY REPRESENTATIVES AND STAFF.

HIGH SPEED RAIL WORKING GROUP File No 7302/10

To prepare a preliminary submission to the Reference Group established under the High Speed Rail Terms of Reference 2010/2011 2011/2012

Councillors : Mayor of the Day Clr K Halstead, Clr L Councillors: (3) A C Whipper and other interested Councillors, Clr P (1) Mayor of the Day ______B Tuddenham (as Chair of Council’s Economic Development & Tourism Working Group) (2) ______

(3) ______(Chair of Economic Development & Tourism Advisory Committee)

Reps: (3) Reps: (3)

Staff: Staff:

Page 208 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

INDOOR AQUATIC STRATEGY WORKING GROUP File No 7181/2.1 (Meets as required)

To provide advice and feedback to Council and Senior Management; The Committee shall not provide direction or advice to operational staff or intervene in the day to day operations of any of Council’s Swimming Centres; The Committee will dissolve upon adoption of the Indoor Aquatic Strategy by Council 2010/2011 2011/2012

Councillors: Mayor Clr K Halstead (Chair), Clr L A Councillors: Councillors (x4) C Whipper, Clr D Stranger and Clr J Mauger 1. ______

2. ______

3. ______

4. ______

Community Reps: Sally Beresford, Scott Bidewell, Community Reps: Sally Beresford, Scott Bidewell, Doug Fry and Justin Nyholm Doug Fry and Justin Nyholm

Staff: Manager Business Units Staff: Manager Business Services

MACQUARIE STREET WORKING GROUP File No 600/31

To determine the schedule for the Macquarie Street lobby Group 2010/2011 2011/2012

Councillors: Clr L A C Whipper, Clr J G Arkwright Councillors: Councillors (x3) and Clr J Mauger 1. ______

2. ______

3. ______

NOTE :

THAT COUNCIL CONSIDER DISBANDING THIS WORKING GROUP.

Page 209 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

MAYORAL ELECTIONS WORKING GROUP File No 100/4, 102/4

To review the process for the election of Mayor and consider the advantages and disadvantages of moving to a popularly elected Mayor and the process for seeking the view of the community on this matter 2010/2011 2011/2012

Councillors: Clr J G Arkwright, Clr P B Councillors: Councillors (x4) Tuddenham, Mayor Clr K Halstead or Deputy Mayor 1. ______Clr L A C Whipper and Clr J R Clark 2. ______

3. ______

4. ______

Staff: General Manager or his nominated delegates Staff: General Manager or his nominated delegates

SENIORS WORKING GROUP File No 1860 (Meets 4 times per year as well as whenever required to do so by Council or by the Councillor Chair of the Committee)

To act as avenue for communication between the Shire’s senior citizens, aged related service providers and Council regarding the needs, issues, services and events; To provide advice to Council and other community representatives as required on matters concerning issues relevant to senior citizens within the Shire including the review of Council and government policies which affect the Shire’s planning responsibilities and provision for services for seniors 2010/2011 2011/2012

Councillors: Clr J Mauger (Chair) and Clr G Councillors: (2) McLaughlin (1) ______(Chair)

(2) ______

Alternate Delegate: Mayor of the Day K Halstead Alternate Delegate: ______(Mayor of the Day)

Reps: Zelda Williams (Red Cross), Marie Hodgson Reps: Zelda Williams (Red Cross), Marie Hodgson (Wingecarribee Probus Club), Ron Schofield (Nattai (Wingecarribee Probus Club), Ron Schofield (Nattai Probus Club), Joan Compagnoni (Robertson Senior Probus Club), Joan Compagnoni (Robertson Senior Citizens, Jo-Anne Kennewell (Community Health) Citizens, Jo-Anne Kennewell (Community Health) (or Alternate Delegate), Robyn Smith (Southern (or Alternate Delegate), Robyn Smith (Southern Highlands Older Women’s Network) Highlands Older Women’s Network)

Staff: Community Worker Ageing & Disability Staff: Community Worker Ageing and Disability

Page 210 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

TULIP TIME WORKING GROUP File No 1671/8 (Meets as required or by the Councillor Chair of the Committee)

To promote a successful Tulip Time Festival that engages the community and showcases our region 2010/2011 2011/2012

Councillors: Clr G McLaughlin (Chair) and Clr P B Councillors: (2) Tuddenham (1) ______(Chair)

(2) ______

Reps: Carl Berglin, Denise Layton, Patricia Reps: Carl Berglin, Denise Layton, Patricia Crimmins, Peter Fleming, Tony Glenn and Terry Crimmins, Peter Fleming, Tony Glenn and Terry Oakes-Ash Oakes-Ash

Staff: Manager Tourism Staff: Manager Tourism

WINGECARRIBEE SPORT & RECREATION WORKING GROUP File No 107/30 (Meets as required by the Councillor Chair of the Committee)

To provide a point of contact for sporting clubs, associations and users to have an input into the direction and strategies Council pursues for the use of sporting facilities 2010/2011 2011/2012

Councillors: Clr P B Tuddenham (Chair), Clr J Councillors: (3) Mauger and Clr D Stranger (1) ______(Chair)

(2) ______

(3) ______

Reps: Grahame Andrews, Ian Campbell, Gordon Reps: Grahame Andrews, Ian Campbell, Gordon Munro, Andrew Bell, Terry Loader and Steven Munro, Andrew Bell, Terry Loader and Steven Foster Foster

Keith Williams (Alternate Delegate) Keith Williams (Alternate Delegate)

Staff: Director Infrastructure Services (or nominee); Staff: Director Infrastructure Services (or nominee); Manager Strategic & Community Development Manager Strategic & Community Development

Page 211 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

REFERENCE PANELS

1. Community Coal Reference Panel 2. Demographic and Housing Study Reference Panel

COMMUNITY COAL REFERENCE PANEL File No 5305/1.1

2010/2011 2011/2012

Councillors: Clr L A C Whipper (Chair) Councillors: ______(Chair)

______Alternate Chair: Clr J G Arkwright (Alternate Chair)

Staff: Director Environment & Planning (or his Staff: Director Environment & Planning (or his representative) representative)

DEMOGRAPHIC AND HOUSING STUDY REFERENCE PANEL File No 1823/2, 5602/15

To assist Council with the delivery of a Demographic & Housing Study which will inform the development of a new Local Planning Strategy for the Shire 2010/2011 2011/2012

Councillors Clr D Stranger (Chair) Councillors: (x2) (1) ______(Chair) ______

Reps: Elizabeth Meredith, Ron Wade, Peter Reps: Elizabeth Meredith, Ron Wade, Peter Graham, Laurel Cheetham, Max Powditch, Nick Graham, Laurel Cheetham, Max Powditch, Nick Dyer Dyer

Alan Hunt (alternate) Alan Hunt (alternate)

Staff: Director Environment & Planning and Staff: Director Environment & Planning and Manager Strategic & Community Development Manager Strategic & Community Development

Page 212 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

SUNSET WORKING GROUPS

1. Local Planning Strategy Steering Committee Sunset Working Group 2. Bowral Sesquicentenary Sunset Committee 3. Moss Vale Sesquicentenary Sunset Committee

LOCAL PLANNING STRATEGY SUNSET WORKING GROUP File No 5900/1 (Meets Monthly)

To steer the progress of the Local Environment Plan (LEP) over the next two (2) years from the current position through to gazettal; to take an active role in the various phases of consultation with community and government; be the primary forum for presentations from individuals or groups in relation to particular sites or planning issues 2010/2011 2011/2012

Councillors: Mayor of the Day Clr K Halstead Councillors: (All Councillors) (Quorum 5 (Chair), Deputy Mayor of the Day Clr L A C Whipper Councillors (Deputy Chair), Clr J G Arkwight, Clr J R Clark, Clr ______T D Gair, Clr G McLaughlin, Clr J Mauger, Clr D Stranger and Clr P B Tuddenham (Quorum 5 (Mayor of the Day - Chair) Councillors) ______

(Deputy Mayor of the Day - Deputy Chair)

Staff: Director Environment & Planning and Staff: Director Environment and Planning and Manager Strategic & Community Development Manager Strategic & Community Development

Page 213 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

BOWRAL SESQUICENTENARY SUNSET COMMITTEE File No 1671/4.1 (Meets Monthly)

To identify and plan for projects and events to mark the 2013 celebrations of the Bowral Sesquicentenary (150 years); From time to time, and if necessary, to report to Council to gain a Council resolution to undertake a certain event or project; To keep Council informed on the development of the celebrations through updates in the Weekly Circular 2010/2011 2011/2012

Councillors: Clr G McLaughlin (Chair) Councillors: ______(Chair)

______(Alternate Chair) Clr J G Arkwright (Alternate Chair)

Reps: Geoff Hosey (Bowral Chamber of Reps: Geoff Hosey (Bowral Chamber of Commerce), Kevin George (Bowral Ratepayers Commerce), Kevin George (Bowral Ratepayers Association), Leonie Knapman (Berrima District Association), Leonie Knapman (Berrima District Historical & Family History Society), Ray Coulton/Ian Historical & Family History Society), Ray Coulton/Ian Langord (Bowral Mittagong Rotary Club), Bruce Langord (Bowral Mittagong Rotary Club), Bruce Hall/Peter Fleming (Lions Club Bowral), Rina Hore Hall/Peter Fleming (Lions Club Bowral), Rina Hore (Bradman Museum of Cricket), Terry Oakes-Ash (Bradman Museum of Cricket), Terry Oakes-Ash (Southern Highlands Business Chamber), Valentine (Southern Highlands Business Chamber), Valentine Tyson 9 Community Representative) and Tyson 9 Community Representative) and Jerry Smith (Community Representative) Jerry Smith (Community Representative)

Staff: Manager Strategic & Community Staff: Manager Strategic & Community Development Development

Page 214 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

MOSS VALE SESQUICENTENARY SUNSET COMMITTEE File No 1671/4.2 (Meets Monthly)

To identify and plan for projects and events to mark the 2013 celebrations of the Moss Vale Sesquicentenary (150 years); From time to time, and if necessary, to report to Council to gain a Council resolution to undertake a certain event or project; To keep Council informed on the development of the celebrations through updates in the Weekly Circular 2010/2011 2011/2012

Councillors: Clr T D Gair (Chair) Councillors: ______(Chair) Clr D Stranger (Alternate Chair) ______(Alternate Chair)

Reps: Brian Davis (Moss Vale Chamber of Reps: Brian Davis (Moss Vale Chamber of Commerce), Kevin Worthington (Rotary Club of Commerce), Kevin Worthington (Rotary Club of Moss Vale), Kerry Wood-Davies (Country Women’s Moss Vale), Kerry Wood-Davies (Country Women’s Association Moss Vale), Leonie Knapman (Berrima Association Moss Vale), Leonie Knapman (Berrima District Historical & Family History Society), Brian District Historical & Family History Society), Brian Spence (Moss Vale AH&I Society), Jim Armstrong Spence (Moss Vale AH&I Society), Jim Armstrong (Lions Club of Moss Vale), Representative of Moss (Lions Club of Moss Vale), Representative of Moss Vale Services Club, Terry Oakes-Ash (Southern Vale Services Club, Terry Oakes-Ash (Southern Highlands Business Chamber), David Baxter Highlands Business Chamber), David Baxter (Community Representative) Dympna Irwin (Community Representative) Dympna Irwin (Community Representative), Steve Newton and (Community Representative), Steve Newton and David Luckie (Moss Vale Master Plan Working David Luckie (Moss Vale Master Plan Working Group) Group)

Staff: Manager Strategic & Community Staff: Manager Strategic & Community Development Development

Page 215 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 REPORT OF THE GENERAL MANAGER

RECOMMENDATION

1. THAT the Council Delegates, Representatives and Staff members as detailed in the above report relating to Committees, Advisory Committees, Working Groups, Reference Panels and Sunset Working Groups be adopted.

2. THAT the General Manager’s Performance Review Committee be noted.

3. THAT the Botanic Gardens Working Group be noted.

4. THAT the Economic Development and Tourism Working Group be noted.

5. THAT the Exeter Park Working Group be disbanded.

6. THAT the Highlands Source Project Working Group be disbanded.

7. THAT Council consider disbanding the Macquarie Street Working Group.

Jason R Gordon General Manager

7 October 2011

Page 216 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 COMMITTEE REPORTS

COMMITTEE REPORTS

COMMITTEE REPORTS ATTACHED c-CR1 Minutes of the Resource Recovery Centre Strategic Advisory Board ( refer minutes page 218 )

Reference: 7503/34 Responsible Officer: Manager Business Services

PURPOSE

Submitting minutes of the Resource Recovery Centre Strategic Advisory Board held on Monday, 19 September 2011.

RECOMMENDATION

THAT the recommendations as detailed in the minutes of the Resource Recovery Centre Strategic Advisory Board held on Monday, 19 September 2011 be adopted.

Page 217 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 COMMITTEE REPORTS

RESOURCE RECOVERY CENTRE STRATEGIC ADVISORY BOARD MINUTES Monday 19 September 2011 2.00pm - Nattai Room, Civic Centre, Council Building, Moss Vale

File 7503/34

Attendees Clr Duncan Gair (Chairperson) Clr Jim Clark Clr Graham McLauglin Mr Jason Gordon – General Manager Mr Andrew Murdoch – Operations Manager Mr Peter Bowmer – Manager Business Services Mrs Shelly Willingham – Business Co-Ordinator Mr Carl Peterson (Community Representative) Mr Geoff Byrne (Community Representative Katharine Marlow (Minute taker)

Guest Speaker: Mr Rob Skinner

Apologies: Clr Paul Tuddenham Clr Jim Mauger Mr Peter Reynolds (Community Representative) Mr Barry Paull, Director Corporate Services

Meeting commenced at 2:00pm

1. APOLOGIES Clr Paul Tuddenham; Clr Jim Mauger; Mr Peter Reynolds; and Mr Barry Paull, Director Corporate Services

RRC1 VCU Proposal by Rob Skinner and Doug Moss – Commercial in Confidence

REF: 7503/25

Mr Rob Skinner gave a commercial in confidence presentation on behalf of Natures Waste Converters on a proposal for the future use of the VCU at the Resource Recovery Centre.

RECOMMENDATION

THAT Council consider calling Expression of Interests for the future operation of the Vertical Composting Unit (VCU) at the Resource Recovery Centre.

Page 218 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 COMMITTEE REPORTS

RRC2 VCU Operation Proposal presentation by – Shelly Willingham

REF: 7503/25

Shelly Willingham, Business Coordinator, gave a presentation on the current situation with the VCU, including costs to repair the unit, ongoing costs and future options.

RECOMMENDATION

1. THAT when Council calls Expressions of Interest for the future operation of the VCU that the Business Coordinator be consulted for her input.

2. THAT if no Expressions of Interest are suitable that Council considers viable options for operating the VCU internally.

RRC3 RRC End of Year Results to 30 June 2011

Mr Peter Bowmer, Manager Business Services, spoke to the members regarding the end of year results for the RRC.

It was noted that the RRC achieved a $65,000 surplus (2010/2011 actuals (+$168,000) compared to the 2010/2011 budget (+$103,000)), which has been verified by an external auditor and full financial results will be presented to the Finance Committee on Wednesday, 12 October 2011.

There are a number of areas that will show improvement in this financial year, including putrescibles and organic waste and operation of the weighbridge with a new software, Mandalay, being implemented in the next two (2) weeks. Considerable savings have also been made such as $30,000 savings in wages and $9,000 per month in bin hire.

However, there are areas still to be improved including the Welby facility. The Business Coordinator is requested to verify the current levy on soil which was introduced in June 2011.

It was also noted that a culture change at the RRC continues to improve operations, including a team member always being on site and increased operation of hours.

Members would like to thank Staff and the General Manager for their considerable efforts in bringing the RRC operation into surplus and would like a BBQ organised at the RRC to personally thank the staff.

RECOMMENDATION

1. THAT Council organise a BBQ to thank the staff and General Manager for their efforts AND THAT the RRC Strategic Advisory Board members be invited to attend.

Page 219 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 COMMITTEE REPORTS

RRC4 Updating domestic waste collection

REF: 7501/20

Manager Business Services provided an update on the Domestic Waste Collection contract and advised that a report will go to Council in October. Currently benchmarking with other Councils and negotiating with current provider, Sita, to extend the contract to June 2012.

Community Consultation will be undertaken to find out exactly what the community would like in their waste services, eg. green waste. It was noted that legislation changes will impact on a green waste pick up service, because as soon as green waste is tipped into a truck it will be subject to screening and will increase our land fill rate and operational costs. Current practices at the RRC have a 99% non-contamination rate.

A Waste Management Working Group will be established to consider future options for the management of domestic waste. Clr Duncan Gair was elected as the councillor representative on the working group with Clr Jim Clark as the alternate.

RECOMMENDATION

1. THAT a report go to Council in October 2011 on the Domestic Waste Collection contract.

2. THAT the Waste Management Working Group be established with Clr Duncan Gair as the Councillor representative with Clr Jim Clark as the alternate.

GENERAL BUSINESS

Items for discussion at the next meeting:

1. Continuation of the RRC Strategic Advisory Board 2. Long Term Strategic direction of the RRC

Next Meeting

Next meeting Monday, 31 October 2011 at 2:00pm.

Meeting closed at 3.55pm

Page 220 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 CLOSED COUNCIL

CLOSED COUNCIL

GENERAL MANAGER c-GM - 1 Closed Council

REF: GM 107/9

To consider moving into Closed Council.

The following confidential reports have been distributed separately:

cc-GM1 PROVISION OF ENGINEERING CONSULTANCY SERVICES FOR BRIDGE DESIGNS AT EIGHT (8) LOCATIONS WITHIN WINGECARRIBEE SHIRE 6330/11.06

cc-GM2 PROVISION OF DESIGN AND PROJECT MANAGEMENT SERVICES FOR THE MOSS VALE SWIMMING CENTRE UPGRADE 6330/11.07

STATUTORY

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

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

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

Section 10B

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

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest. 2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that: a. are substantial issues relating to a matter in which the council or committee is involved, and b. are clearly identified in the advice, and d. are fully discussed in that advice.

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

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

a. a person may misinterpret or misunderstand the discussion, or b. the discussion of the matter may: (i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or (ii) cause a loss of confidence in the council or committee.

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

DIRECTOR GENERAL’S GUIDELINES

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

RECOMMENDATION

1. THAT Council moves into Closed Council in accordance with the requirements of Section 10 of the Local Government Act 1993 as addressed below to consider the following reports:

cc-GM1 PROVISION OF ENGINEERING CONSULTANCY SERVICES FOR BRIDGE DESIGNS AT EIGHT (8) LOCATIONS WITHIN WINGECARRIBEE SHIRE 6330/11.06

Relevant Legal Provision This report is placed in Closed Committee as it contains information that could, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business under Clause 10A(2)(c) of the Local Government Act.

Brief Description This report is on the evaluation of tenders for the design of eight (8) bridges at various locations across the Shire and subsequent recommendation for approval of the preferred tenderer.

Public Interest It would be contrary to the public interest to consider this information in Open Council because it contains information which could confer a commercial advantage.

Page 222 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 CLOSED COUNCIL

cc-GM2 PROVISION OF DESIGN AND PROJECT MANAGEMENT SERVICES FOR THE MOSS VALE SWIMMING CENTRE UPGRADE 6330/11.07

Brief Description This report is on the evaluation of tenders for the design and project management services for the Moss Vale Swimming Centre upgrade and subsequent recommendation for approval of the preferred tenderer.

Public Interest It would be contrary to the public interest to consider this information in Open Council because it contains information which could confer a commercial advantage.

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

Jason R Gordon General Manager

7 October 2011

Page 223 AGENDA FOR THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 12 October 2011 CLOSED COUNCIL

CLOSED COUNCIL cc-GM1 Provision Of Engineering Consultancy Services For Bridge Designs At Eight (8) Locations Within Wingecarribee Shire cc-GM2 Provision Of Design And Project Management Services For The Moss Vale Swimming Centre Upgrade

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