BUSINESS PAPER ORDINARY MEETING OF COUNCIL To be held at 6.00 pm on Monday 7 April 2014 Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong Order of Business Members 1 Acknowledgement of Traditional Lord Mayor – Owners Councillor Gordon Bradbery OAM (Chair) 2 Civic Prayer Deputy Lord Mayor – 3 Apologies Councillor Chris Connor 4 Disclosures of Pecuniary Interest Councillor Michelle Blicavs 5 Petitions and Presentations Councillor David Brown 6 Confirmation of Minutes – Ordinary Councillor Leigh Colacino Council Meeting 24 March 2014 Councillor Bede Crasnich 7 Public Access Forum Councillor Vicki Curran 8 Call of the Agenda Councillor John Dorahy 9 Lord Mayoral Minute Councillor Janice Kershaw 10 Notice of Motion Councillor Ann Martin 11 Agenda Items Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs QUORUM – 7 MEMBERS TO BE PRESENT Ordinary Meeting of Council 7 April 2014 INDEX PAGE NO. ITEM A Notice of Motion Councillor Crasnich - Investigation into Potential Sale of Public Land (CM84/14) .............................................................................. 1 ITEM 1 Possible Zoning and Development Options for Lot 2 DP 792692 Wyllie Road, Kembla Grange (CM78/14) ............................................................... 2 ITEM 2 NSW Association of Mining Related Councils Draft Policy on Coal Seam Gas (CM79/14) .................................................................................. 11 ITEM 3 Policy Review - Access to Council Information and Staff by Councillors (CM37/14) ......................................................................................... 14 ITEM 4 Sale of Underwood Street Car Park, Corrimal (CM75/14).................................... 17 ITEM 5 Exhibition of Draft City of Wollongong Bike Plan 2014-2018 (CM70/14) ............................................................................................................ 21 ITEM 6 Policy Review - Asset Management (CM68/14) ................................................... 25 ITEM 7 Tender T13/27 Provision of Construction Services to Construct the Upgrade to Shone Avenue at Horsley, including a 4-Span Bridge and Channel Works (CM80/14) ................................................................................... 27 ITEM 8 Proposed Compulsory Acquisition of Portion of Lot 1 DP 600073 Princes Highway, Kembla Grange being portion of Kembla Grange Racecourse for Shared Path (CM77/14) .............................................................. 31 ITEM 9 Proposed Acquisition of Portion of Lot 10 DP 229044 No 29 Darkes Road, Dapto for Road Works (CM72/14) ...................................... 34 ITEM 10 Approval for Attendance and Accommodation - National General Assembly of Local Government (CM76/14) ......................................................... 36 ITEM 11 February 2014 Financials (CM74/14) ................................................................... 38 ITEM 12 Statement of Investments - February 2014 (CM73/14) ........................................ 43 ITEM 13 Minutes of the City of Wollongong Traffic Committee meeting held 19 March 2014 (CM69/14) ................................................................................... 46 Ordinary Meeting of Council 7 April 2014 1 REF: CM84/14 File: Z14/168938 NOTICE OF MOTION - COUNCILLOR CRASNICH - INVESTIGATION ITEM A INTO POTENTIAL SALE OF PUBLIC LAND Councillor Crasnich has submitted the following Notice of Motion – “I formally move that Wollongong City Council write to The Hon. Pru Goward MP, Minister for Family and Community Services, requesting that – 1 Investigations take place into options available for the sale of public land located at Cliff Road, Wollongong, Bellambi Point, Bellambi and Hill 60, Port Kembla, as the waterfront locations of the land provides great potential for private investment which could generate employment and assist in tourism throughout the region. 2 Investigations into any potential sale be conditional upon - a Housing NSW undertaking consultation with all residents currently residing at these locations; and, b Finance raised from any sale being invested in new and more suitable housing for affected residents.” Ordinary Meeting of Council 7 April 2014 2 REF: CM78/14 File: ESP-100.01.027 POSSIBLE ZONING AND DEVELOPMENT OPTIONS FOR LOT 2 ITEM 1 DP 792692 WYLLIE ROAD, KEMBLA GRANGE On 14 October 2013, Council considered a Notice of Motion regarding Lot 2 DP 792692 Wyllie Road, Kembla Grange. Council resolved that a report be submitted on the possible zoning and development options available for Lot 2 DP 792692 Wyllie Road, Kembla Grange. This report considers the potential options available for the site against the strategic policy considerations for the region. RECOMMENDATION The report be noted. ATTACHMENTS Location and Zoning Map. REPORT AUTHORISATIONS Report of: Renee Campbell, Manager Environmental Strategy and Planning Authorised by: Andrew Carfield, Director Planning and Environment – Future City and Neighbourhoods BACKGROUND Lot 2 DP 792692 Wyllie Road, Kembla Grange is zoned IN2 Light Industrial under the Wollongong Local Environmental Plan (West Dapto) 2010 (Attachment 1). The site has an area of 18.72 hectares and is located next to Ian McLennan Park, Wollongong Lawn Cemetery and a Macedonian Temple. Light Industrial land is located to the northwest, west and south of the site. The site has an area of 18.72 hectares, with a flat usable area of approximately 9.58 hectares. The site has been filled in the past, with depths of up to 15 m. There is considerable history related to the current zoning, which is summarised below. Under the Wollongong Local Environmental Plan 1990, the site was zoned 4(a) Light Industrial. In April 2006, Council endorsed the draft West Dapto Local Environmental Plan and associated documents for exhibition. The draft Local Environmental Plan proposed that the site be zoned IN2 Light Industrial. In July 2006, Council considered a revised draft West Dapto Local Environmental Plan, consistent with the State governments Standard LEP template. This draft Local Environmental Plan proposed to zone the subject site as B6 Enterprise Corridor, but the report did not discuss the reasons for the proposed change. Ordinary Meeting of Council 7 April 2014 3 In January 2007, the (then) NSW Department of Planning wrote to Council advising that before the rezoning of the site could be considered, the Department would require: 1 Justification and assessment of the proposal against draft SEPP 66 – Integration of Land Use and Transport, in particular whether an out-of-centre location such as the proposal is supportable; 2 Assessment of the likely impact of the proposal on Council’s city wide and regional centres hierarchy. This should pay particular attention to the existing and proposed commercial and retail centres for West Dapto and demonstrate why there are no suitable alternative sites. In this regard, the draft Illawarra Regional Strategy confirms the emerging role of Dapto as a major retail and commercial area; 3 Assessment of the likely impact of the proposal on the employment potential of the Kembla Grange employment lands, including an assessment of the area required for the proposal against the total area of employment lands identified for Kembla Grange; and 4 Assessment of the adequacy of public transport to access the proposal, including from Kembla Grange Railway Station. In June 2007 Council adopted the draft West Dapto Local Environmental Plan for exhibition. The report to Council noted the proposed changed zone for the subject site from IN2 Light Industrial to B6 Enterprise Corridor. In July 2007, the (then) NSW Department of Planning directed that the draft zoning for the site be changed back to IN2 Light Industrial. The draft West Dapto Local Environmental Plan was exhibited from 27 September 2007 to 30 May 2008 and displayed the site as IN2 Light Industrial. On 21 April 2008, Development Application DA-2008/577 was lodged for a Bulky Goods and Warehouse Complex (including associated car parking and subdivision of the site). Concerns identified by staff in the assessment of the application included the inconsistency with strategies relating to retailing within industrial zones. A Land and Environment Court Appeal was lodged against the deemed refusal of DA-2008/577. This appeal and the Development Application were subsequently withdrawn. In May 2008, Council considered a report on the draft West Dapto Local Environmental Plan. This Council report included consideration of the site owner’s request to rezone the subject site to allow “a building, the primary function of which is used for the discounted sale of surplus stock, out of season stock, factory seconds and the like, with ancillary or associated facilities such as food courts and automatic teller machines. Stock will mostly comprise of fashion and home wares sold from separate retail outlets.” Council’s resolution was that the requested change of zone not be supported. In June 2008, Council received a submission (on behalf of the owners) to the draft West Dapto Local Environmental Plan requesting the subject site be rezoned to allow a Direct Factory Outlet style of development to be constructed on the site. Ordinary Meeting of Council 7 April 2014 4 In March 2009, a Part 3A Concept Plan was submitted to the (then) NSW Department of Planning for approval of a bulky goods retail centre. This application was not supported by the Department on the grounds that it was contrary to