Agenda of Ordinary Meeting of Council

Report submitted to the Ordinary Meeting of Council on Monday 16 December 2019

RP-1

Reports from Staff

RP-1 DA18/0510 - 11 LOT RESIDENTIAL SUBDIVISION, 42 OLD BOMEN ROAD, CARTWRIGHTS HILL, NSW 2650

Author: Amanda Gray

General Manager: Peter Thompson

Summary:

The application is for the subdivision of an existing block of land in Cartwrights Hill into 11 residential lots each of approximately 1ha in size.

The subject site is within close proximity to the Bomen Industrial Area and the application has been the subject of objections from many key employers across the industrial estate.

The site is within the Special Activation Precinct (SAP) investigation area centred around the Bomen industrial area. A master plan is being prepared to provide a streamlined planning framework for this area.

The determination of the application is reported to Council as it presents a matter of wider public interest, being the introduction of additional residential properties within proximity of a regionally recognised employment and industrial centre.

Approval of the application has the potential to jeopardise the success of the Special Activation Precinct.

Recommendation

That Council refuse DA18/0510 for an 11 Lot Residential Subdivision at 42 Old Bomen Road, Cartwrights Hill, Lot 83 DP751422 for the reasons noted below.

A detailed analysis of the key issues is contained within the Section 4.15 Report attached under separate cover.

Development Application Details

Applicant	Gail Frances Burns Craig William Burns
Owner	Gail Frances Burns Craig William Burns
Development Cost	$30,000
Development Description	Residential subdivision of the land into 11 lots each being approximately 1 ha in size. Access to each lot is from either East Street or Old Bomen Road.

Report

Key Issues

· Compliance with Wagga Wagga LEP 2010 and DCP 2010

· Strategic Importance of the Bomen Industrial Estate

· Declaration of the Special Activation Precinct

· Submissions in objection to the development: The objections relate to increasing the number of sensitive residential receptors within close proximity to the Bomen Industrial Area.

Site Location

The subject site is located on the south western corner of the junction of Old Bomen Road and East Street. The site is bound to the north by Old Bomen Road and to the east by East Street. There is an existing dwelling located on the site in the north eastern corner.

Assessment

· The application site is within Cartwrights Hill and is zoned as R5 Large Lot Residential. Residential subdivision is permitted with consent.

· The minimum lot size for the locality is 1ha – the subdivision complies with this control.

· The proposed development is to subdivide an existing block of land into 11 residential lots each of approximately 1 ha in area with access taken from Old Bomen Road and East Street.

· One of the objectives for development in the R5 zone is to minimise conflict between land uses within this zone and land uses within adjoining zones. There is concern regarding the potential for noise and odour impacts from a fully developed industrial estate.

· An odour report prepared in response to the subdivision identifies the site as being at high risk of odour pollution.

· The site is within 1km of the Bomen Industrial Estate which is identified as a regionally significant precinct for employment and investment by all form of industry.

· The Riverina Intermodal Freight and Logistics (RIFL) hub is also within close proximity, the success of this project is critical to attracting new industry to the region.

· Nine submissions to the development have been received, these are generally objections related to the increased number of sensitive receptors near the industrial estate that may jeopardise future investment and expansion plans.

· A number of strategic planning documents identify Bomen as of regional importance and its future development is listed as a key priority or objective within many documents such as the Riverina Murray Regional Plan and the Wagga Wagga Integrated Transport Study.

· The approval of the subdivision is not in the public interest as it conflicts with existing plans and policies that have been the subject of detailed public consultation.

· The site is identified within the Special Activation Precinct investigation area and will therefore be subject to a master plan. A draft SEPP for Activation Precincts is currently under consideration following the recent exhibition of the ‘Explanation of Intended Effect’ of the SAPs.

· The Department of Planning, Industry and Environment has raised concerns regarding development applications for residential subdivision and requested that the inconsistency between the aspirations of the Wagga Wagga Special Activation Precinct and the proposal be considered.

Reasons for Refusal

1. The proposal is not consistent with the objectives of the R5 Large Lot Residential zone as nominated in the Land Use Table of the Wagga Wagga Local Environmental Plan 2010 as there is considered to be unacceptable conflicts between land uses within adjoining zones.

2. Having regard to the provisions of Clause 7.8 of the Wagga Wagga Local Environmental Plan 2010 the subject site will be adversely impacted by noise and odour from the Bomen Industrial Estate.

3. The proposed development is not in the public interest as it introduces an increased number of sensitive receptors into an area within close proximity to the Bomen Special Activation Precinct. An increase in residential receptors will impact upon the proposed investment, expansion and development of industries within this precinct.

4. The proposed development is not in the public interest as it is inconsistent with a number of strategic documents and policies that have been subject to public consultation and adoption by Council. One such strategy the Riverina Murray Regional Plan has a specific action to “protect industrial land, including in the regional cities (Bomen, Nexus and Tharbogang) from potential land use conflicts arising from inappropriate and incompatible surrounding land uses.’

For the above reasons it is concluded that the development is therefore not in accordance with Section 4.15(1)(a)(i), (b) and (e) of the Environmental Planning and Assessment Act 1979.

Financial Implications

N/A

Policy

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We are leading freight and logistics centre, encourage business investment

Risk Management Issues for Council

Refusal of the application may result in an appeal process in the Land and Environment Court which will have to be defended by Council. The reasons for refusal will have to be justified and withstand scrutiny and cross examination in Court.

Approval of the application may result in challenges from objectors across the industrial estate. Whilst objectors have no right of appeal to the determination decision they can choose to challenge the manner in which a decision has been made (Class 4).

Internal / External Consultation

Full details of the consultation that was carried out as part of the development application assessment is contained in the attached s4.15 assessment report.

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

Attachments

1.	DA18/0510 - s4.15 Assessment Report - Provided under separate cover
2 .	DA18/0510 - Plan of Subdivision - Provided under separate cover
3 .	DA18/0510 - Statement of Environmental Effects - Provided under separate cover
4 .	DA18/0510 - Redacted submissions - Provided under separate cover
5 .	DA18/0510 - Odour Impact Assessment - Provided under separate cover
6 .	DA18/0510 - Applicant's review of Odour Impacts - Provided under separate cover
7 .	DA18/0510 - Department of Planning Correspondence - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 16 December 2019

RP-3

RP-3 DA16/0585.02 – 16B Broad Street Wagga Wagga – Lot 1 DP 534496 – Modification of Development Consent for Multi Dwelling Housing – Review of Conditions 2(A) and 30(A) Relating to Laneway Construction Requirements

Author: Cameron Collins

General Manager: Peter Thompson

Summary:

The proposal for the addition of two free-standing single storey dwellings to the rear of the existing dwelling house, creating a 3 unit multi-dwelling development, was originally approved by Council at its meeting of 30 January 2017.

The applicant has lodged an application to modify the consent seeking Council’s reconsideration of the 2 conditions relating to the requirement for construction of the adjacent public laneway.

The application to modify the consent was deferred by Council at its meeting of 25 November 2019. Council deferred the matter seeking clarification as to whether the recommended modification to the conditions would be sufficient to ensure the appropriate upgrade of the lane. It was requested by Council that staff reinspect the lane to confirm whether the pavement of the lane was of an adequate standard to allow for a reseal or whether other prior works would be required.

Council staff have reinspected the lane and have recommended a further amendment to Condition 30A to clarify the extent of works required.

In addition, Council deferred the matter seeking further clarification with regard to matters raised in the applicant’s submission to the Council meeting.

Recommendation

That Council approve the application to modify consent (DA16/0585.02) such that:

1. Condition 2(a) be deleted as the requirement for full reconstruction of the laneway is unwarranted given the circumstances; and

2. Condition 30(a) be reworded as follows to ensure that the existing lane pavement does not result in unacceptable impacts to the proposed dwellings and also ensuring that required approvals are obtained to enable work within the road reserve:

Prior to the release of any Occupation Certificate, the sealed surface of the existing laneway extending from the Broad Street road pavement through to the western boundary of the development site shall be repaired to the satisfaction of the Commercial Operations Director or their delegate. A pavement report shall be prepared by a qualified Geotechnical Engineer to determine a suitable pavement design in accordance with Council’s Engineering Guidelines for Development. These works are to be approved by Council under Section 138 of the Roads Act 1993 prior to commencement of works. All works are at full cost to the developer.

REASON: To ensure that the existing laneway is of a standard to ensure minimal environmental impact on the proposed development. Sections 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

Development Application Details

Applicant	Fimjo Pty Ltd (Director/Secretary – Jemma Katrine Hogg)
Owner	Fimjo Pty Ltd (Director/Secretary – Jemma Katrine Hogg)
Development Cost	N/A
Development Description	Multi Dwelling Housing – 2 x 3 bed dwellings (existing dwelling retained) – Modification of consent to review conditions 2(a) and 30(a) relating to laneway construction requirements.

Report

Key Issues

1. Reasonableness of required standard of laneway construction imposed under consent.

2. Suitability of existing structure of laneway with respect to proposed development.

3. Current condition of pavement surface (and seal) of laneway and potential impacts on development.

4. Potential environmental impacts of requested modification.

Assessment

The original assessment of the application (as provided to Council at its meeting of 25 November 2019) has been provided as an attachment to this report (Section 4.15 Assessment report). The following assessment provides additional clarification with regard to the content of the assessment report.

Laneway condition

This application was deferred by Council at its meeting of 25 November 2019. Council deferred the matter seeking clarification as to whether the recommended modification to the conditions would be sufficient to ensure the appropriate upgrade of the lane. It was requested by Council that staff reinspect the lane to confirm whether the pavement of the lane was of an adequate standard to allow a reseal or whether other prior works would be required.

Councils development engineer reinspected the lane on 28 November 2019. A complete copy of the development engineer’s report of this inspection is attached for reference.

After reinspection, it was concluded that the underlying pavement is not consistent (comprising of concrete, rubble and bricks) and would therefore not be suitable for a reseal in its current condition. It was concluded from the inspection that further geotechnical investigation would be required to establish a suitable pavement design prior to resealing.

The original recommended rewording of condition 30A for the laneway as tabled at Council on 25 November 2019 was:

Prior to the release of any Occupation Certificate, the sealed surface of the existing laneway extending from the Broad Street road pavement through to the western boundary of the development site shall be repaired to the satisfaction of the Commercial Operations Director or their delegate. This repair shall include, as a minimum, the removal of the existing seal, any necessary preparation work of the underlying gravel and reseal (two-coat bitumen seal). All works are at full cost to the developer.

To address the findings of the most recent inspection of the lane, it is recommended that an amendment to the reworded condition occur as follows:

Applicant Submission

During Council’s meeting of 25 November 2019, the applicant’s consultant provided a submission to Council whereby key arguments provided within the application were reiterated. A full copy of the application (titled ‘Modification Cover Letter’) is provided as an attachment for Council’s reference.

The following is a summary of those arguments as provided within the original application and as addressed in the original Section 4.15 assessment report tabled to Council (as attached). The following provides additional commentary with respect to the matters raised by the applicant’s consultant.

The existing laneway condition is capable of accommodating safe vehicular movements generated by the development.

The existing laneway does not require an upgrade in capacity to accommodate the vehicular movements generated by the development (eg laneway widening, extra lane width etc).

The original recommendation provided at the Council meeting of 25 November 2019 was made on the basis that the standard of construction of the lane was deemed to be adequate to accommodate a repair of the existing seal. This repair was proposed to be conditioned not only for a reseal (two-coat bitumen seal), but also to include, as a minimum, the removal of the existing seal, any necessary preparation work of the underlying gravel and. Following Council’s deferral of the matter, a further inspection has confirmed that the underlying subgrade is not consistent and would not be suitable for a re-seal without necessary reconditioning or replacement works. It was concluded from this inspection that further geotechnical investigation would be required to establish a suitable pavement design prior to resealing.

Having regard to the findings of the most recent inspection of the lane, the condition of the laneway in its current state is deemed unsuitable with respect to the layout and circumstances of the development as proposed.

The laneway is a public laneway owned by Wagga Wagga City Council.

The laneway is a public laneway under the control of Council. Due to the lower level of importance of this laneway on Council’s road hierarchy, it is not included on any regular maintenance regime. There is no scheduled maintenance for this lane at any time in the future which will result in a continued decline in the condition of the lane.

Whilst the lane may continue to serve its current function in providing rear of block access to properties in this area, the condition if the lane is not deemed appropriate having regard to the development proposed and the fact that two of the dwellings that form part of the development will be provided with frontage and primary access to the lane. For this reason, it is reasonable that the applicant incurs the cost of ensuring that the construction and surface of the lane is adequate for their development.

Any future upgrade and maintenance costs associated with the laneway should be identified in a s94 plan. Council is entitled to condition the development consent with a monetary contribution towards any laneway works in accordance with the s94 plan.

Council has conditioned DA16/0585.01 with a s94 contribution. The applicant has paid the s94 contribution amount of $12,369.64 for the development (receipt number 1488504).

The use of s94 (s7.11) funds for upgrade works to the lane is not an option as Council’s current plan does not identify the lane as a capital works to be funded by the plan. Further to this, the argument that “maintenance costs” should also be funded through s94 (s7.11) is not possible as ongoing maintenance of delivered projects cannot be funded by these contributions (only the delivery of the capital works can be funded).

With respect to the contributions paid by the applicant as part of this application, these contributions have already been allocated in the plan to the delivery of other capital works.

Council may, in the future, elect to include lane upgrade works across the city as a project to be funded through these contributions however there has been no strategic decision made to do so at this point in time. The ongoing maintenance of delivered capital works through contributions is, however, not an option.

Council has conditioned the consent by making the developer solely accountable for upgrading the laneway, to an unknown extent, to which is considered onerous, inequitable and not proportional.

It is noted that the original condition does not specifically identify the extend of works required. The recommended modification addresses this issue by clearly defining the extent of the works to the length of the development site only (as opposed to the entire laneway).

It is agreed that a full reconstruction of the road (as required under the original condition) is excessive and would be deemed inequitable if imposed on the applicant. However, as discussed above and within the attached assessment report, the repair of the surface of the lane by the applicant is considered reasonable having regard to the circumstances of the development proposed.

Based on costing evidence provided, Conditions 2(a) and 30(a) result in a financial burden to the applicant of $53,566.15 inc GST at a minimum. This figure could be significantly increased if the upgrade of the laneway is considered the entire laneway and has the potential to make the development economically unviable.

The potential cost of the works has been noted and is reflective of the standard of construction required by the condition. As discussed, it is considered that this standard of construction is onerous as it is not required. There will, however, remain a cost to the applicant for the required preparation of the pavement and the resealing of the lane surface as recommended in the modified condition.

The current condition of the laneway is a maintenance issue not a development impact issue.

This is the position taken by Council officers when originally recommending approval of the development to Council in January 2017. Having reconsidered the conditions imposed by Council in its resolution and having reviewed the current condition of the laneway with respect to the development proposal, it is now argued that the condition of the lane is not entirely a maintenance issue that an upgrade of the lane should not be burdened to the Council or the community.

In addition to providing rear of lot access to existing properties in the area, the development will now require the lane to also serve as the frontage and primary access to the two new dwellings proposed in the development. The design/layout of the development will lead to inappropriate impacts (such as dust, sediment, noise) from the current condition of the laneway which may not have occurred had the lane remained for the purpose of rear of block access only. The applicant’s proposal to develop dwellings with direct frontage and primary access from the lane warrants that the applicant should incur the cost of ensuring that the surface of the lane is adequate for the development as proposed. It is further noted that the sealed surface of the lane has greatly deteriorated during the construction process and reparation works are required in any regard.

Reasons for Approval

1. The existing laneway structure is adequate having regard to the impacts of the development, with only the pavement, surface and subsurface, requiring repair and reseal.

2. The standard of reconstruction of the laneway required under conditions 2(a) and 30(a) is unreasonable and unnecessary.

3. Impacts on the development from the laneway can be appropriately mitigated subject to the existing pavement of the laneway being repaired and resealed.

4. The modification satisfies the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979.

Site Location

The site is on the south western corner of the intersection of Broad Street and an un-named laneway, approximately 160 metres south of Travers Street.

Financial Implications

N/A

Policy

N/A

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

Approval is not considered to raise risk management issues for Council as the proposed development is generally consistent with the relevant provisions of the Wagga Wagga Local Environmental Plan 2010 and the Wagga Wagga Development Control Plan 2010.

Internal / External Consultation

Full details of internal and external consultation are provided in the attached modification assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

Involve

Collaborate

Attachments

1.	DA16/0585.02 - Section 4.15 Modification Assessment Report - Provided under separate cover
2.	DA16/0585.02 - Laneway Inspection Report - Provided under separate cover
3.	DA16/0585.02 - Modification Cover Letter - Provided under separate cover
4.	DA16/0585.02 - Original Approved Site Plan - Provided under separate cover
5.	DA16/0585.02 - Redacted Public Submission - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 16 December 2019

RP-7

RP-7 PLANNING PROPOSAL LEP19/0002 - PROPOSED AMENDMENT TO THE WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 FOR LAND LOCATED ON MORGAN, MURRAY AND FORSYTH STREETS, WAGGA WAGGA

Author: Adriaan Stander

Director: Michael Keys

Summary:

At its ordinary meeting of 24 June 2019. Council indicated support of the above-mentioned draft planning proposal and agreed to the lodgement of the proposal to the Department of Planning, Infrastructure and Environment for Gateway Determination. The Department of Department of Planning, Infrastructure and Environment in turn issued a Gateway Determination, subject to public exhibition.

The purpose of the report is to provide feedback on the public consultation and submissions received. The report also requests adoption and gazettal of the amendment to the Wagga Wagga Local Environmental Plan 2010 (LEP).

Recommendation

That Council:

a note the submissions received during the exhibition period for the planning proposal

b note the outcomes of the community workshop and public hearing

c stage the adoption of the planning proposal with amendments in two stages

Stage 1 - use delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the following elements of the planning proposal:

i Reclassify Lot A DP 331461 and Lot 1 DP 375748, located at 205 Morgan Street from “community land’ to “operational land”

ii Rezone Lot A DP 331461 and Lot 1 DP 375748, located at 205 Morgan Street from RE1 Public Recreation to B4 Mixed Use

iii Rezone Lots 1-5 DP 20847, located on the corner of Morgan Street and Murray Street from R1 General Residential to B4 Mixed Use

iv Remove the floor space ratio of 2:1 from the following lots:

· Lot 7 DP 203835

· Lot 456 DP 125410

· Lot 23 DP 869492

· Lot 1 DP 203835

· Lot 1 DP 550746

· Lot 1 DP 10227240

· Lot 2 DP 620649

· Lot 3 DP 620649

Stage 2 - defer a decision on the proposed building height restriction pending an assessment of the concerns raised in relation to the proposed height and in consideration of an amendment to the Wagga Wagga Development Control Plan 2010

d prepare and exhibit an amendment to the Wagga Wagga Development Control Plan 2010 including the following:

i consideration of an appropriate height of building

ii design controls to guide an appropriate relationship of new buildings on the site to surrounding properties, public domain including streets and parks

iii establish appropriate transitional massing for the site in consideration of the adjacent neighbouring land uses and density as well as land use and desired density.

iv development of a concept master plan for the site addressing recommendations listed under (g) below

e receive a further report after the public exhibition period addressing any submissions made in respect of the exhibited DCP amendment and addressing the height component of the planning proposal amendment

f note any future development application taking up the provisions approved under LEP19/0002 must ensure the following:

i Provision of parking on the land in accordance with an approved Access and Parking Strategy and Management plan. The plan is to provide a comprehensive parking system that considers both the supply and management of parking consistent with the guidance of the parking provisions of the Wagga Wagga DCP and where applicable, the RMS’ Guide to Traffic Generating Developments

ii Provision of a detailed Traffic Impact Assessment (TIA) for the site and broader precinct in consideration of the full development potential of the site and impacts of changed traffic conditions as a result of the current and anticipated development of the Wagga Wagga public hospital. The TIA shall provide recommendations for road and intersection improvements required as a result of the future development on the site.

The TIA shall also address all traffic including vehicular, pedestrian and cycling needs for the precinct. The TIA shall give detailed consideration to the Active Travel Plan and improved pedestrian linkages for the site and in particular access to Belling Park (West of Docker Street).

iii Provision of a stormwater management plan with consideration of the overland flow impact on the site and adjoining areas as a result of development on the site.

Application details

Submitted Proposal:

Amendment to the Wagga Wagga Local Environmental Plan 2010 to reclassify land, amend zoning, height of building and floor space ratio.

Applicant

Damasa Pty Ltd

Manuel & Daniel Donebus

Land Owners:

Various landowners provided under confidential cover

Proposal

The proposal intends to change current zoning and development controls of the Wagga Wagga Local Environmental Plan 2010.

Existing development controls in the Wagga Wagga Local Environmental Plan and Development Control Plan already allows a variety of development outcomes to occur on the site. Most of the site is zoned B4 mixed use which allows for residential and commercial development across the site. The planning proposal includes the following key changes:

1. Reclassification of community land.

Council owns the site known as 205 Morgan Street, Wagga Wagga which is currently utilised by community groups including the Wagga Wagga Veteran & Vintage Motor Club and University of the Third Age.

The Planning Proposal is seeking to change the classification of the site from “community land” to “operational land”. The key outcome of this is to enable Council to consider whether the land is surplus and dispose of the site.

Council has previously identified that the Wagga Wagga Veteran & Vintage Motor Club would be relocated in the Recreation, Open Space and Community Strategy 2040. This Strategy was the subject of extensive consultation and endorsed by Council in 2018.

2. Rezoning

The rezoning component of the planning proposal involves the following:

i) Rezoning of community land from RE1 Public Recreation Zone to B4 Mixed Use Zone.

ii) Rezoning of 5 residential lots on the south-eastern corner of Morgan Street from R1 General Residential to B4 Mixed Use Zone.

3. Increase the building height restriction.

Most of the subject land is currently restricted to a maximum height of 16m metres. Parts of the subject land have no height restriction. The proposal is to introduce a height limitation of 35m across all land that forms part of the proposal.

4. Remove the floor space ratio.

Part of the subject land currently has a maximum floor space ratio of 2:1. The proposal is to remove the Floor Space Ratio provisions.

At the 24 June 2019 Council meeting, it was resolved to support the planning proposal and agreed to the lodgement of the proposal to the NSW Department of Planning, Infrastructure and Environment for Gateway Determination. The Department of Planning, Infrastructure and Environment issued a Gateway Determination on 2 August 2019, subject to public exhibition.

Public exhibition concluded on 4 October 2019 and the purpose of this report is to provide feedback on the submissions received as well as the key issues discussed during the community workshop that was held on 12 November 2019 and public hearing of 18 November 2019. More information is provided on this under the internal and external consultation section of this report.

The planning proposal, concept plan, previous Council report and minutes of the 24 June 2019 Council meeting and the Gateway Determination are attached.

Site and location

The site is located west of the central business district and north of the Wagga Wagga Base Hospital and Sturt Highway.

The site is an existing mixed-use site that operates as a local business centre within an establish neighbourhood. Surrounding land uses are residential with the Wollundry Lagoon located to the north of the site opposite Forsyth Street.

Key issues

1. Vision for the city

The 20-year Economic Vision for Regional NSW identifies Wagga Wagga as a significant growth area with a population of over 100 000 in the year 2038. To plan for a community of 100,000 an additional 14,000 homes is required across the city. This will be best accommodated through a mix of greenfield and infill development that supports the future population. The northern suburbs of the city and the city centre are likely to be the priority residential growth areas over the next 10 to 20 years.

The Wagga Wagga Spatial Plan 2013/2043 which was endorsed by Council and the Department of Planning and Environment identifies several approaches to addressing land demand for urban purposes in the city and encourages additional housing opportunities within existing urban areas where existing services and amenities are already provided. This proposal is consistent with the Spatial Plan.

The site is a key opportunity site within proximity to the central business district and emerging health precinct. The site is unique in so far that there are any not many large B4 Mixed Use zoned sites in the city that have the potential to be developed as proposed. The site lends itself to be planned and developed in a holistic manner. It provides the opportunity to design a whole city block and address issues that are generally very difficult to manage for infill development, particularly when sites are developed in isolation.

One of the key elements of the planning proposal is that it aims to provide additional employment and residential opportunities in the city centre and therefore it is considered to be generally consistent with the provisions of the Spatial Plan and the long-term growth strategies for the city.

2. Competition with the central business district and health precinct

The additional B4 Mixed Use zone for the community land was proposed to provide consistency across the block and facilitate better development outcomes.

The additional B4 Mixed use area is considered an appropriate strategic long-term outcome to ensure these lots don’t become isolated within the broader site context. To achieve an integrated design and development of the precinct it is appropriate and practical that the city block has a consistent land use zone applying.

It should be noted that majority of the site has an existing B4 mixed use zone with approximately 8,000 square metres of operating retail type uses already in the area. The area provides local services consistent with the B4 mixed use zone objectives and is emerging as a key office precinct outside the central business district with existing and emerging state government tenancies.

The planning proposal seeks to optimise the use of the land and will provide for a more intense mixed use development on the site with additional commercial opportunities and higher density residential uses. The site is unique because it provides opportunities currently not available in the city centre’s B3 Business Zone.

It allows types of residential development that are not permissible in the B3 Business Zone. The residential components of future development of the site will provide additional demand for higher order commercial and retail offerings of Baylis and Fitzmaurice Streets. The site is within an easy walkable distance to these areas and will support and reinforce the primacy of these areas.

The proposed rezoning from RE1 Public Recreation and R1 General Residential to B4 Mixed Use will result in approximately 7,300 square metres of additional B4 Mixed Use zoned land in addition to the existing 34,000 square metres of B4 Mixed Use zoned land. The concept plan provided with the application indicates that the proposed retail space will be around 8,628 square metres which is a slight increase on the existing 8,000 square metres. The proposed additional office and retail area (as proposed by the concept plan) is unlikely to have a significant impact on the central business district.

3. Design

The planning proposal is supported with a high-level visionary concept plan for the site. The intent of the concept plan is to provide an indicative illustration of what the site could look like in the future. The concept plan also aims to solve current layout and design restrictions across the site, that have occurred as a result of incremental development over time. With the concept plan, the site can be designed in a holistic manner to ensure an appropriate urban outcome consistent with the zone objectives and the city strategic vision can be achieved

Final designs of buildings, structures, access and parking etc. will be provided with the submission of a future development application(s) on the site. These will be assessed against the provisions of the Wagga Wagga Development Control Plan 2010 and where applicable with the NSW Apartment Design Guide.

The NSW Apartment Design Guide provides consistent planning and design standards for apartments across the State. It provides design criteria and general guidance about how development proposals can achieve design quality principles including but not limited to the following:

· deliver better quality design for buildings that respond appropriately to the character of the area, landscape setting and surrounding built form.

· improve liveability through enhanced internal and external apartment amenity, including better layout, apartment depth and ceiling heights, solar access, natural ventilation and visual privacy

· deliver improved sustainability through better traffic and transport solutions, greater building adaptability and robustness, improved energy efficiency and water sensitive urban design

· improve the relationship of apartments to the public domain including streets, lanes and parks

· deliver design guidance and assist in the provision of more diverse housing mix and choice

· support councils in developing planning controls and master plans through improved guidance

Noting that the current Wagga Wagga DCP 2010 has very limited controls to guide development on B4 Mixed Use Zone sites, Council may elect to develop a set of development controls for mixed use development incorporating the above design principles. This would provide more certainty and appreciation of future development outcomes for neighbouring and wider community.

An amendment to the Wagga Wagga DCP 2010 and future development applications on the site will be subject to further public consultation.

4. Height of buildings

The site provides a unique opportunity for infill development in proximity to the central business area and hospital precinct. An increase of height will optimise the use of the land and, relying on a high quality design, will provide a positive outcome for the city, particularly considering the expected increase in population of the next 20 years. The same principles could be applied to other sites in the city, however similar to this application, any increase in the height limitation of the Wagga Wagga Local Environmental Plan will require a merit-based assessment and will also be subject to public consultation.

The current height of building provision allows for buildings on the site to be built up to 16 metres in height. This could allow a building(s) of up to 4 storeys to be built on Murray, Forsyth and Morgan Streets.

The proposed change increases this height to a new limit of 35 metres. It should be noted that the concept plan indicates a development scenario with a much lower height and a distribution of several buildings across the site. The plan shows that taller buildings will be located to the centre of the site (it indicates a 7 to 8 storey building to the centre of the site) with a transition tapering down in height to the surrounding streets as per the illustrations below.

Setbacks are also introduced by the concept plan to address the impacts on surrounding development. This is a deliberate feature to ensure the design is sympathetic to the surrounding residential zones and will ensure compliance with overshadowing requirements, as shown in the Urban Design Report provided with the planning proposal.

Even though an increase in the building height restriction is supported in principle for this city block, it is noted that height has been raised as an item of serious concern by the general public. It is therefore recommended to defer a decision on the proposed building height restriction pending an assessment of the concerns raised in relation to the proposed height and in consideration of an amendment to the Wagga Wagga Development Control Plan 2010. Council will prepare an amendment to the Wagga Wagga Development Control Plan 2010 to include additional design controls for mixed used development to guide an appropriate relationship of new buildings on the site to surrounding properties, public domain including streets and parks. The aim of the controls would be to establish appropriate transitional massing for the site in consideration of the adjacent neighbouring property land use and density as well as future land use and future desired density. The controls will require a considered context site analysis to determine the urban fabric and the ideal location for the tallest buildings on the site.

5. Floor space ratio

Floor space ratio is a means to distribute the floor area across the site.

Floor space ratio does not take into consideration open space or setbacks. In some instances, development designed to achieve floor space ratio provisions can result in poorly designed development. Equally a well-designed development may not satisfy a given floor space ratio.

The current floor space controls of the Wagga Wagga LEP 2010 do not consider larger Mixed Use Developments with multiple lots. A more flexible approach to how floor space is assessed, and where massing is concentrated, will allow for a better environmental design and a superior urban design outcome by allowing higher and more dense buildings to be concentrated in the central part of the larger site, to allow lower transitional buildings at adjacent interfaces with the neighbouring properties where appropriate.

This would not be possible under the current LEP and DCP planning controls and in particular how the planning framework requires sites to be assessed in relation to what are currently still individual sites.

6. Existing road network and intersections

The potential traffic volumes and parking demands generated by a development of the type and scale proposed has the potential to significantly alter the current usage patterns within, and impact on the capacity of, the surrounding road network, particularly nearby intersections.

The traffic report submitted with the planning proposal provides an assessment of the adjoining road network and intersections. It acknowledges that the development of the precinct will impact on the capacity and operation of the intersection of Docker and Morgan Street. For a development of the scale proposed and the potential impacts generated it is appropriate for the traffic report to provide an assessment of the impact of the development on the broader road network rather than just the adjoining road segments and intersections.

Docker, Murray, Morgan and Forsyth Street are key roads in the Wagga Wagga network. Full consideration of any potential changes on the wider network in the context of this development site will be required. Council will take the lead on this work and will develop longer term solutions and options depending on the stages of the development. There are a variety of options available to improve the surrounding road network and adjoining intersections and it is noted that these options should be considered with the final design of the site as part of future development applications.

With this in mind, it is recommended that future development applications taking up the provisions approved under this planning proposal must take into and have account for a detailed Traffic Impact Assessment for the development site. It must consider the full development potential of the site and changed traffic conditions as a result of the current and anticipated development of the Wagga Wagga public hospital. The assessment must address all traffic including vehicular, pedestrian and cycling needs for the precinct. Consideration of the impacts of the current active travel plan which intends to utilise Murray Street is also required.

7. Parking

The site has been developed over an extended period of time and each new development has aimed to provide parking to suit the needs generated by each stage of the development. As a result of this incremental development, parking on the site has been haphazard and considered in isolation. However, the planning proposal provide the unique opportunity to address this concern and to put measures in place to improve parking on the site. As a minimum, the parking demand for the development should be accommodated within the development site and on-street parking within surrounding streets should not be relied on to provide for the parking demands generated by the development.

The traffic report submitted with the planning proposal acknowledges that the proposal will generate demand for parking by residents, visitors and staff and anticipated that all required parking will be able to be fully accommodated on site.

The submitted concept plans generally appear to focus the multi-storey commercial/office buildings towards Morgan Street and the residential buildings towards Forsyth and Murray Streets. The submitted plans indicate that access to the precinct from the road network relies on driveways to Forsyth, Murray and Morgan Streets. The submitted plans also provide for vehicular movement though the development site between Forsyth and Morgan Streets. This will aid the distribution of traffic to the multi-storey office buildings fronting Morgan Street.

Notwithstanding this, the current parking and lane configuration in the segment of Morgan Street between Docker and Murray Streets will need to be revised and/or managed to accommodate the additional traffic loading. This segment of Morgan Street could be managed to accommodate traffic with a destination in the precinct and remove the ease of its use for through traffic. Access to the residential complexes should be made available from both Forsyth and Murray Streets. The current parking configuration along both Morgan and Murray Streets will need to be revised to accommodate the additional traffic volumes and access requirements generated by the proposed development.

With this in mind, it is recommended that future development applications taking up the provisions approved under this planning proposal must ensure the provision of parking on the land in accordance with an approved access and parking strategy and management plan. The plan must provide a comprehensive parking system that considers both the supply and management of parking consistent with the guidance of the parking provisions of the Wagga Wagga DCP and where applicable, the RMS’ Guide to Traffic Generating Developments. The management plan must include a requirement for end-of-trip facilities to encourage cycling in line with Council’s Active Travel Plan which will pass the site.

8. Reclassification and loss of community land.

The reclassification of the 205 Morgan Street site from ”community” to “operational” land will enable Council to consider disposing the site.

The site is currently privately leased by the Veteran & Vintage Motor Club. The existing onsite facility was constructed and is maintained by the car club. The building is also currently used by other community organisations such as the University of the Third Age.

The potential reuse of this site was identified in the Recreation Open Space and Community Strategy and Implementation Plan 2040 (ROSC). It was identified due to its proximity to the health precinct and other commercial developments as well as a number of site constraints that make it unsuitable for further embellishment as community open space. These include the sites proximity to two significant roads and the existing onsite drainage infrastructure.

A guiding criteria of ROSC in the development of open space is that Council should aim to maintain 4ha/1000 people of open space across the City. This is to maintain City amenity and provide accessible, walkable (within 500m) open space for all residents. Based on 2016 census data there is approximately 4.8Ha/1000 people of open space within the Central Wagga precinct.

With the predicted population growth within the Central area it is anticipated that this will fall to approximately 4ha/1000 people in 2040. However, this does not include the proposed open space development of four key sites, including the Eric Weissel Oval, Staunton Oval and Morgan Street developments which are yet to be finalised. Based on this scenario it is expected that Central Wagga precinct will maintain the 4ha/1000 people despite the reuse of this community land.

Removal of this space will also not affect the walkability for residents as this precinct is already well service by Belling Park (West of Docker Street), Wollundry Lagoon and Collins Park to the North and North East of the Morgan Street community land and Tennyson Park to the East.

A separate report on the sale of the land and public hearing on the reclassification of the land will be presented to Council for consideration at the same meeting.

Financial Implications

The planning proposal was submitted during the 2018/19 financial year. The planning proposal was deemed complex and attracted a fee of $30,000.00 from applicants. All application fees have been paid.

It is anticipated that the planning proposal will result in new development on the subject land in future. This has financial implications for Wagga Wagga City Council.

Section 7.11 of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga’s Section 94 Contributions Plan 2006-2019 / Levy Contributions Plan 2006 enables Council to levy contributions, where anticipated development will or is likely to increase the demand for public facilities.

Section 64 of the Local Government Act 1993, Section 306 of the Water Management Act 2000 as well as the City of Wagga Wagga’s Development Servicing Plan for Stormwater 2007 and/or City of Wagga Wagga Development Servicing Plan for Sewerage 2013 enable Council to levy developer charges based on the increased demands that new development will have on sewer and/or stormwater.

The Section 7.11 and Section 64 contribution applies and will apply to any future development consent on the land.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulations 2000

Wagga Wagga Local Environmental Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have housing that suits our needs

Risk Management Issues for Council

Adoption of the planning proposal may be subject to public scrutiny and may put additional pressure on Council to consider the amendment as proposed by the planning proposal throughout the local government area.

If Council decides not to endorse the proposal, the applicant may still approach the Department of Planning, Industry and Environment to seek approval.

The planning proposal aims to solve current design, parking, traffic and access issues through additional development opportunities. The lack of master planning of the site could result in the continuation of incremental development which may exacerbate existing issues as highlighted through the community consultation process and result in a poor urban outcome.

Internal / External Consultation

The Planning Proposal and accompanying exhibition material were made available for viewing by the public on Council’s website and at Council’s Customer Service Counter within the Civic Centre. Notices with fact sheets were also provided to neighbouring properties. Public exhibition occurred from 10 August 2019 to 6 September 2019 with submissions being accepted until 20 September 2019.

During the exhibition period, concerns were raised regarding the extent of neighbour notification. As a result, additional notification was undertaken to a broader catchment area and the submission period was extended to 4 October 2019. Several late submissions were accepted past this date both in opposition and in support of the planning proposal.

The submissions received included several questions for additional information. In response a dedicated website was established containing several questions and answers along with key documents and links.

Requests for a public meeting were also included within submissions. In response to the requests, a community workshop was held on 12 November 2019 to facilitate discussion and provide opportunity to better understand concerns and see if they can be resolved. The community workshop was separate to and in addition to the public hearing on reclassification of Council owned land (the public hearing is a statutory requirement). The notes from the Community Workshop are provided under separate cover.

Council is required to hold a public hearing in relation to the reclassification of Council owned land. The public hearing only related to the site known as 205 Morgan Street, Wagga Wagga and the proposed reclassification. The public hearing was held on 18 November 2019 and was chaired by Mr Tony Donoghue, General Manager, Coolamon Shire Council as an independent in accordance with the Local Government Act 1993. As part of the Local Government Act 1993 requirements, the chair is to provide Council with a report on the Public Hearing outcomes. The report prepared by Mr Tony Donoghue is provided under separate report.

Ordinarily, a table summarising the submissions received and a Council officer response to each submission is provided in this section of the report, however, due to the exhibition attracting 86 submissions, the summary table and response to each submission has been provided under separate cover.

The full list of topics raised in submission are outline in the following table.

Amenity	· Ambience · Tranquility · Livability · Privacy · Views · Atmosphere · Character · Safety
Commercial / retail	· Impact and competition with CBD · Existing vacancies in CBD increasing · Commercial / retail growth not focused in the CBD
Conflicts of interest	· Honest conflicts of interest to be declared
Design / concept	· Final design could be completely different to concept · Glare from western frontages · Car park in wrong location · Need to incorporate climate adaptation and active travel options · Oversupply of accommodation options · Unappealing design · Density is too high · Not the right location / is there a need for this type of development · Incorporate staging to cater for demand
Flood	· During flood, the site will need to be evacuated
Floor space ratio	· Removal is in contradiction with climate declaration · Congestion of buildings · No green space · Whole site covered with buildings · Impacts on traffic safety, parking and overshadowing
Height	· Privacy · Overshadowing · Community atmosphere · Visual pollution · 16 metres is enough · Desirability of the area · Only allow one tower and have other buildings stepped for visual amenity · Change the skyscape · Comparison landmarks are Wagga Base at 37 metres and Robertson Oval lights at 30 metres · No general communication as to potential high-rise buildings
Heritage	· Development is not in line with heritage area · Proximity to heritage area will have adverse effects on character and appearance · In conflict with heritage laws designed to preserve image of heritage areas
Infrastructure	· Will require excessive costs to overcome infrastructure problems · Drainage problems and potential flooding needs to be resolved · School capacity is limited · Growth will make infrastructure worse
Open Space	· Existing lagoon environment and species · Lack of green space · Site requires its own green space · A play park at the lagoon will ruin the serene natural place, Collins Park is adequate for play equipment
Precedence	· Sets precedence for the rest of Central Wagga Wagga
Rates & valuation	· Increase in land values and therefore increase in rates · Reduce desirability of the area and therefore decrease in property value
Reclassification	· Valuable asset for Council · Loss of community right to use land · Loss of public space · Demonstrate the community benefit · Seek support from community organisations using the space · Support reclassification with proper process being followed
Support	· Not against progress, but there are shortfalls that need to be addressed · Encourage business growth and attracting new businesses · Rejuvenated space and welcome new amenities · A real partnership between Council and business · Freeing up the site to a reasonable extent · Will encourage higher density living which is currently lacking · Location will help attract medical professionals · Benefit struggling businesses / retail with a higher concentration of residents in the CBD · Benefit the wider Riverina catchment · Site is underdeveloped with scrappy buildings and a haphazard layout, redevelopment will bring improved and higher usage · Support future growth of the city · Important inland regional hub · Needed to ensure Wagga grows and thrives · Build on city’s reputation as a centre for health and attract and retain more practitioners and specialists · Other businesses and government departments will benefit · Severely lacking medium and high-density housing · City needs investment and increased options for residents and businesses
Traffic & parking	· Parking is already an issue with lack of parking creating on-street parking issues · Affects garbage collection and resident parking · Not enough parking spaces proposed · Lights are required · Changes to traffic flow will affect residents · Safety concerns · Currently congested · Elements of the traffic study are incorrect · Streets are becoming car parks · Traffic is currently an issue and will get worse · Currently unsafe

The diagram below provides an overview of the type of consultation undertaken:

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

Involve

Collaborate

Attachments

1.	Draft planning proposal, Traffic Study and Urban Design Report lodged by proponents - Provided under separate cover
2.	Council report and minutes of 24 July 2019 - Provided under separate cover
3.	Gateway Determination - Provided under separate cover
4.	Community Workshop Notes of 12 November 2019 - Provided under separate cover
5 .	Land owner details This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: personnel matters concerning particular individuals. - Provided under separate cover
6.	Submissions and Council Officer Response - Provided under separate cover
7.	Applicant response to submissions - Provided under separate cover
8.	Questions submitted at Community Workshop - Provided under separate cover
9 .	Submissions - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 16 December 2019

RP-8

RP-8 Financial Performance Report as at 30 November 2019

Author: Carolyn Rodney

Director: Natalie Te Pohe

Summary:

This report is for Council to consider and approve the proposed 2019/20 budget variations required to manage the 2019/20 budget and Long Term Financial Plan, and details Council’s external investments and performance as at 30 November 2019.

This report also presents the financial assistance requests Council has received over the past month.

Recommendation

That Council:

a approve the proposed 2019/20 budget variations for the month ended 30 November 2019 and note the forecasted balanced budget position as presented in this report

b in accordance with Section 356 of the Local Government Act, provide financial assistance to the following:

i Royal Far West $619.50 (Request 1)

ii Kurrajong Therapy plus $320 (Request 2)

iii Riding for the Disabled Association (NSW) Wagga Centre $99 (Request 3)

iv Tarcutta Memorial Hall Trust Committee $260 (Request 4)

v OzFish Wagga Branch $1,000 (Request 5)

c note the Responsible Accounting Officer’s reports, in accordance with the Local Government (General) Regulation 2005 (Part 9 Division 3: Clause 203) that the financial position of Council is satisfactory having regard to the original estimates of income and expenditure and the recommendations made above

d note the details of the external investments as at 30 November 2019 in accordance with section 625 of the Local Government Act 1993

Report

Wagga Wagga City Council (Council) forecasts a balanced budget position as at 30 November 2019. Proposed budget variations are detailed in this report for Council’s consideration and adoption.

Council has experienced a positive monthly investment performance for the month of November, when compared to budget. This is mainly due to a positive result for Councils TCorp Long Term Growth fund, which returned 2.22% for the month.

Key Performance Indicators

OPERATING INCOME

Total operating income is 42% of approved budget, which is on budget for the end of November (this percentage excludes capital grants and contributions). An adjustment has been made to reflect the levy of rates that occurred at the start of the financial year. Excluding this adjustment, operating income received is 77%.

OPERATING EXPENSES

Total operating expenditure is 41% of approved budget and is tracking slightly higher than the budget for the full financial year.

CAPITAL INCOME

Total capital income is 12% of approved budget. It is important to note that the actual income from capital is influenced by the timing of the receipt of capital grants and contributions relating to projects. This income also includes the sale of property, plant and equipment.

CAPITAL EXPENDITURE

Total capital expenditure including commitments is 32% of approved budget (including ‘Potential Projects’). Excluding ‘Potential Projects’ capital works budgets, the capital expenditure including commitments is 45% of approved budget.

Finance and the Project Delivery Office (PMO) are currently reviewing the 2019/20 capital project budgets with a report to be presented to Council regarding the reset of capital works budgets from 2019/20 into 2020/21 and future financial years.

CURRENT LONG TERM FINANCIAL PLAN – PROJECTED SURPLUS/ (DEFICIT) BUDGET POSITION

WAGGA WAGGA CITY COUNCIL STATEMENT OF FINANCIAL PERFORMANCE 1 JULY 2019 TO 30 NOVEMBER 2019
CONSOLIDATED STATEMENT
	ORIGINAL BUDGET 2019/20	BUDGET ADJ 2019/20	APPROVED BUDGET 2019/20	YTD ACTUAL EXCL COMMT'S 2019/20	COMMT'S 2019/20	YTD ACTUAL + COMMT'S 2019/20	YTD % OF BUD
Revenue
Rates & Annual Charges	(69,736,893)	(63,636)	(69,800,529)	(29,044,148)	0	(29,044,148)	42%
User Charges & Fees	(28,440,057)	(39,500)	(28,479,557)	(11,375,840)	0	(11,375,840)	40%
Interest & Investment Revenue	(3,774,001)	0	(3,774,001)	(1,579,071)	0	(1,579,071)	42%
Other Revenues	(3,053,633)	25,900	(3,027,733)	(1,587,342)	0	(1,587,342)	52%
Operating Grants & Contributions	(14,280,296)	4,662,992	(9,617,304)	(4,269,503)	0	(4,269,503)	44%
Capital Grants & Contributions	(56,263,733)	1,399,606	(54,864,127)	(6,609,359)	0	(6,609,359)	12%
Total Revenue	(175,548,613)	5,985,363	(169,563,251)	(54,465,263)	0	(54,465,263)	32%

Expenses
Employee Benefits & On-Costs	46,012,119	(9,356)	46,002,763	19,042,859	123,260	19,166,118	42%
Borrowing Costs	3,587,823	(963,622)	2,624,202	770,475	0	770,475	29%
Materials & Contracts	32,357,210	6,427,438	38,784,648	13,339,051	3,379,270	16,718,321	43%
Depreciation & Amortisation	34,843,073	0	34,843,073	14,517,947	0	14,517,947	42%
Other Expenses	13,015,295	136,169	13,151,464	4,121,523	44,090	4,165,613	32%
Total Expenses	129,815,520	5,590,629	135,406,149	51,791,854	3,546,620	55,338,474	41%

Net Operating (Profit)/Loss	(45,733,093)	11,575,991	(34,157,102)	(2,673,409)	3,546,620	873,211

Net Operating (Profit)/Loss before Capital Grants & Contributions	10,530,640	10,176,385	20,707,025	3,935,950	3,546,620	7,482,570

Capital / Reserve Movements
Capital Exp - Renewals	34,034,738	5,387,909	39,422,647	10,552,346	9,947,124	20,499,469	52%
Capital Exp - New Projects	42,696,132	4,832,926	47,529,058	2,950,600	16,124,107	19,074,707	40%
Capital Exp - Project Concepts	38,364,925	99,435	38,464,360	81,318	51,602	132,921	0%
Loan Repayments	3,380,744	(21,035)	3,359,708	1,408,643	0	1,408,643	42%
New Loan Borrowings	(21,222,532)	(351,112)	(21,573,644)	0	0	0	0%
Sale of Assets	(1,502,910)	(1,745,414)	(3,248,324)	(429,363)	0	(429,363)	13%
Net Movements Reserves	(15,174,931)	(19,778,700)	(34,953,631)	0	0	0	0%
Total Cap/Res Movements	80,576,166	(11,575,992)	69,000,175	14,563,544	26,122,834	40,686,377

	ORIGINAL BUDGET 2019/20	BUDGET ADJ 2019/20	APPROVED BUDGET 2019/20	YTD ACTUAL EXCL COMMT'S 2019/20	COMMT'S 2019/20	YTD ACTUAL + COMMT'S 2019/20	YTD % OF BUD
Net Result after Depreciation	34,843,073	0	34,843,073	11,890,135	29,669,453	41,559,588

Add back Depreciation Expense	34,843,073	0	34,843,073	14,517,947	0	14,517,947	42%

Cash Budget (Surplus)/Deficit	0	0	0	(2,627,812)	29,669,453	27,041,641

Revised Budget Result - Surplus/(Deficit)

$’000s

Original 2019/20 Budget Result as adopted by Council

Total Budget Variations approved to date

Budget Variations for November 2019

$0K

Proposed Revised Budget result for 30 November 2019

$0K

The proposed Budget Variations to 30 November 2019 are listed below:

*Budget Variation*	*Amount*	*Funding Source*	*Net Impact* *Fav/ (Unfav)*
*1 – Community Leadership and Collaboration*
Aerial Photography	$10K	Information Services Reserve ($10K)	Nil
The current budget for performing aerial fly-over photography is split between $25K and $10K every 2 years, allowing a full CBD and suburb fly-over at medium resolution, and targeted growth area fly-over respectively. There is strong support from business areas to perform a high resolution fly-over of the CBD, suburb and growth areas this year (Feb-March 2020). In order to achieve this, it is proposed to bring forward the $10K from 2020/21. Estimated Completion: March 2020
*4 – Community Place and Identity*
Civic Theatre Show Relay	$70K	Civic Theatre Technical Reserve ($65K) Civic Theatre Operational Reserve ($5K)	Nil
The Civic Theatre Show Relay now requires urgent replacement. This solution provides a live feed of the show via camera to TVs backstage. A budget of $30K (funded from the Civic Theatre Technical Reserve) had been allocated in next financial year’s budget, however the current system has stopped working and a range of temporary solutions have had to be put in place. The $30K budget was based on replacing parts of the analogue system that has been in place since 2000. The replacement system costing $70K in total will now be digital, will have a longer lifespan and be a better-quality product. It is proposed to fund the $40K increase in budget from the Civic Theatre Technical Reserve and the Civic Theatre Operating Reserve. Estimated Completion: June 2020
*5 – The Environment*
Shared Path Maintenance	$60K	Implement Cycleways ($60K)	Nil
Funds are required for the rehabilitation and maintenance of Council’s shared path network. Works are currently required on the Plumpton Road section between Redhill Road and Nelson Drive. The pathway is frequently used by walkers, runners and cyclists. It is proposed to fund the variation from existing GPR funds allocated to Implement Cycleways which is located in Potential Projects. Estimated completion: June 2020
Narrung Street Tip Remediation	$100K	Solid Waste Reserve ($100K)	Nil
The former Wiradjuri Landfill site located in Narrung Street is subject to ongoing monitoring and reporting to the NSW Environmental Protection Authority (EPA) in accordance with Section 60 of the Contaminated Land Management Act 1997 (CLM Act). It is required to undertake further monitoring and update monitoring protocols associated with the site to guide ongoing management of the site and surrounding area. Additional works includes test pits to delineate the perimeter of the landfill area, additional bores for groundwater testing and gas monitoring. This work will ensure Council is meeting its obligations under the CLM Act and may assist with reducing the frequency and level of monitoring in future years. It is proposed to fund the variation from the Solid Waste Reserve.
SURPLUS/(DEFICIT)			$0K

Current Restrictions

RESERVES SUMMARY
30 NOVEMBER 2019
	CLOSING BALANCE 2018/19	ADOPTED RESERVE TRANSFERS 2019/20	BUDGET VARIATIONS APPROVED UP TO COUNCIL MEETING 25.11.19	PROPOSED CHANGES for Council Resolution	REVISED BALANCE

Externally Restricted
Developer Contributions - Section 7.11	(23,836,289)	3,427,074	720,423		(19,688,792)
Developer Contributions - Section 7.12	97,487	(32,500)	154,012		218,999
Developer Contributions – S/Water DSP S64	(6,551,347)	2,579,329	175,899		(3,796,118)
Sewer Fund	(31,115,819)	155,636	1,608,788		(29,351,395)
Solid Waste	(21,521,767)	2,164,970	987,083	100,000	(18,269,713)
Specific Purpose Grants	(4,044,299)	0	4,044,299		0
SRV Levee	(3,853,286)	(3,211)	78,000		(3,778,497)
Stormwater Levy	(3,699,109)	2,758,808	574,006		(366,295)
Total Externally Restricted	(94,524,428)	11,050,106	8,342,510	100,000	(75,031,812)

Internally Restricted
Airport	(442,321)	(522,440)	15,919		(948,842)
Art Gallery	(33,971)	(6,865)	0		(40,836)
Ashmont Community Facility	(7,500)	(1,500)	0		(9,000)
Bridge Replacement	(601,972)		0		(601,972)
CBD Carparking Facilities	(884,968)	110,302	847,098		72,432
CCTV	(84,476)	18,000	0		(66,476)
Cemetery Perpetual	(107,717)	(133,730)	16,519		(224,928)
Cemetery	(448,951)	110,164	0		(338,787)
Civic Theatre Operating	(125,471)	8,327	24,240	5,000	(87,904)
Civic Theatre Technical Infrastructure	(82,706)	10,000	0	65,000	(7,706)
Civil Projects	(155,883)	24,000	13,867		(118,016)
Community Amenities	(76,763)	(214,928)	0		(291,691)
Community Works	(86,412)	(32,217)	53,500		(65,129)
Council Election	(343,408)	(83,163)	0		(426,571)
Economic Development	(500,000)	(80,000)	0		(580,000)
Emergency Events	(191,160)	(50,000)	90,420		(150,740)
Employee Leave Entitlements	(3,585,224)		0		(3,585,224)
Environmental Conservation	(115,206)		(42,725)		(157,931)
Estella Community Centre	(230,992)		0		(230,992)
Family Day Care	(245,192)	93,442	0		(151,750)
Fit for the Future*	(1,785,102)	266,703	1,577,494		59,096
Generic Projects Saving	(816,377)	20,000	31,130		(765,248)
Glenfield Community Centre	(21,704)	(2,000)	0		(23,704)
Grants Commission	(5,256,259)		5,256,259		0
Grassroots Cricket	(70,992)		0		(70,992)
Gravel Pit Restoration	(797,002)		3,546		(793,456)

RESERVES SUMMARY
30 NOVEMBER 2019
	CLOSING BALANCE 2018/19	ADOPTED RESERVE TRANSFERS 2019/20	BUDGET VARIATIONS APPROVED UP TO COUNCIL MEETING 25.11.19	PROPOSED CHANGES for Council Resolution	REVISED BALANCE
Gurwood Street Property	(50,454)		0		(50,454)
Hampden Bridge	(107,198)		107,198		0
Information Services	(775,938)	(222,792)	212,315	10,000	(776,415)
Infrastructure Replacement	(335,497)	(30,192)	0		(365,689)
Insurance Variations	(100,246)		0		(100,246)
Internal Loans	(660,754)	260,962	398,554		(1,238)
Lake Albert Improvements	(28,338)	(21,515)	(158,608)		(208,461)
LEP Preparation	(2,667)		0		(2,667)
Livestock Marketing Centre	(3,311,635)	972,792	(121,861)		(2,460,703)
Museum Acquisitions	(39,378)		0		(39,378)
Oasis Building Renewal	(320,759)	65,000	28,529		(227,230)
Oasis Plant	(1,239,132)	857,486	6,937		(374,709)
Office Equipment/Building Projects	(159,030)		0		(159,030)
Parks & Recreation Projects	(206,102)	30,148	75,954		(100,000)
Planning Legals	0	(40,000)	0		(40,000)
Plant Replacement	(3,550,033)	660,253	1,055,919		(1,833,861)
Playground Equipment Replacement	(95,290)	(165,727)	0		(261,017)
Project Carryovers	(2,453,184)	518,327	1,934,858		0
Public Art	(198,922)	30,300	80,594		(88,028)
Robertson Oval Redevelopment	(92,151)		0		(92,151)
Senior Citizens Centre	(17,627)	(2,000)	0		(19,627)
Sister Cities	(46,328)	(10,000)	0		(56,328)
Sporting Event Attraction	(169,421)		0		(169,421)
Sporting Event Operational	(100,000)		0		(100,000)
Stormwater Drainage	(158,242)	(100,000)	0		(258,242)
Strategic Real Property	0		(395,000)		(395,000)
Street Lighting Replacement	(56,549)		43,288		(13,261)
Subdivision Tree Planting	(702,868)	(20,000)	90,000		(632,868)
Sustainable Energy	(527,244)	389,333	37,732		(100,179)
Unexpended External Loans	(431,337)		431,337		0
Workers Compensation	(93,251)		0		(93,251)
Total Internally Restricted	(33,127,305)	2,706,471	11,715,012	80,000	(18,625,822)

Total Restricted	(127,651,734)	13,756,577	20,057,522	180,000	(93,657,634)

Total Unrestricted	(5,725,794)	0	0	0	(5,725,794)

Total Cash, Cash Equivalents and Investments	(133,377,528)	13,756,577	20,057,522	180,000	(99,383,428)

*The Fit for the Future Reserve is showing a proposed deficit for the 2019/20 closing balance. This is due to the interim funding transferred from this reserve in 2018/19 for the Bomen land acquisitions which will be paid back from the Sewer Reserve once Ministerial approval is finalised.

Section 356 Financial Assistance Requests

Five Section 356 financial assistance requests have been received for the 16 December 2019 Ordinary Council meeting, which are shown below for Council’s consideration:

1. Royal Far West $619.50

The Community Programs Manager of the Royal Far West Charity has written to Council (see attached letter) requesting Council’s consideration for the provision of financial assistance by waiving the hire fees for the use of the Senior Community Centre and Glenfield Community Centre meeting rooms to conduct interviews and provide speech assessments as part of their Paediatric Development Program.

The writer notes:

“Royal Far West’s core program is our Paediatric Development Program in Manly, where we conduct multi-disciplinary development assessments for children from regional parts of NSW and subsequently set up intervention plans.

It has an extensive waiting list, with the greatest number of kids on file residing in Wagga Wagga. A brief explanation is in the attached brochure.

To try and relieve the wait for Wagga families, we have brought a mobile multi- disciplinary team to Wagga this week. It has included two psychologists, an Occupational Therapist and our clinic truck, where we conduct interviews and provide speech assessments via telecare”.

Council’s Social Planning Coordinator in respect of the Royal Far West’s request for assistance notes:

“Many parents with children with additional needs have been required to go to Sydney for these types of assessments, for a number of years, often requiring overnight stays for at least 2 days. There is no comparative service in Wagga Wagga.

Royal Far West has been a service I have wanted to see in Wagga Wagga for many years and the more we can assist the better as for our residents with children requiring assessment to access services and NDIS it is imperative to have.

I would completely recommend we support this where we can”.

The Royal Far West wish to use meeting rooms at Glenfield Community Centre and the Senior Citizens from the 11/11/2019 to 14/11/2019 and 2/12/2019 to 4/12/2019 at a total hire cost of $619.50

The above request aligns with Council’s Strategic Plan “Safe and Healthy Community – Objective: We have access to health and support services that cater for all our needs”

Council has not provided any financial assistance to the above organisation in the last 12 months.

Given the relatively small amount requested it is proposed that the request be funded from the Community Development Cost Centre - operating budget which can absorb this minor contribution.

2. Kurrajong Therapy Plus $320

The Manager of Kurrajong Therapy Plus has written to Council (see attached letter) requesting Council’s consideration to providing financial assistance by covering the cost of the hire of the Council meeting room in January 2020 to hold a yearly team meeting.

Kurrajong Therapy Plus provides supports to children, young people and adults with disability or complex developmental delays.

Kurrajong Therapy Plus includes a multidisciplinary team of speech pathologists.

The above request aligns with Council’s Strategic Plan “Safe and Healthy Community – Objective: We have access to health and support services that cater for all our needs”

Council has not provided any financial assistance to Kurrajong Therapy plus in the last 12 months.

Given the relatively small amount requested it is proposed that the request be funded from the Buildings Cost Centre operating budget which can absorb this minor contribution.

3. Riding for the Disabled Association (NSW) Wagga Centre $99

The Secretary of the Riding for the Disabled Association (NSW) Wagga Centre has written to Council (see attached letter) requesting Council’s consideration to providing financial assistance by covering the cost of the Display of Good Permit application.

The writer notes:

“I am writing on behalf of the Riding for the Disabled Centre regarding the Attached Display of Goods Permit Application Form to display an A Frame sign on the Footpath in front of our Opportunity Shop at Shop 1, 63 Baylis Street Wagga Wagga.

We would greatly appreciate it if council could find a way to waive the fees associated with this Application.

The purpose of our Opportunity Shop is to assist with fund raising for our Centre at 321 Plumpton Road. We are a self-funded organisation which relies on community assistance to keep our Centre in operation.”

The above request aligns with Council’s Strategic Plan “Safe and Healthy Community – Objective: We promote participation across a variety of sports and recreation”.

Council has not provided any financial assistance to the Riding for the Disabled Association (NSW) Wagga Centre in the last 12 months.

4. Tarcutta Memorial Hall Trust Committee $260

A committee member of the Tarcutta Memorial Hall Trust Committee has written to Council (see attached letter) requesting Council’s consideration to providing financial assistance by refunding the cost of the Development Application $260 associated with a Mural Project for the Tarcutta Memorial Hall. The mural is of soldiers marching.

The writer notes:

I am writing on behalf of the Tarcutta Hall Committee and the people of Tarcutta, with regards to the DA19/0590. With a request for a refund of the DA application costs.

We are a small town, struggling to stay afloat and any help from the Council would be very much appreciated.

As stated in the DA, we believe the mural will bring tourists to our town and help business’s during this period of drought.

The above request aligns with Council’s Strategic Plan “Community Place and Identity – Objective: We are proud of where we live and our identity”.

Council has not provided any financial assistance to the Tarcutta Memorial Hall Trust in the last 12 months.

5. OzFish Wagga $1,000

OzFish Wagga have submitted an application (see attached) for the waiving or subsidy of Gregadoo Waste Management Centre Fees to the value of $1,000.

The attached application notes that OZFish Wagga will be cleaning up reserves and illegally dumped rubbish around Wagga on a date to be advised in January or February 2020.

The group estimate that they will collect approximately 2 to 5 tonnes of rubbish.

Council contributed $80.20 in Waste Management fees to the group for a smaller scale clean up in December 2018.

Council’s Solid Waste Service Business Unit can accommodate the cost of waiving the above collection fees for the volunteer group.

The above request aligns with Council’s Strategic Plan “Environment” – Outcome: We create a sustainable environment for future generations “.

Budget

The Section 356 general fees and charges financial assistance budget for the 2019/20 financial year is $48,123.50, of which $39,907 is already committed in the adopted 2019/20 Delivery and Operational Plan.

It is proposed that financial assistance of $99 (Request No 3) and $260 (Request No 4) be funded from the Section 356 unexpended 2019/20 budget and the remaining requests (Requests 1, 2 and 5) be funded by the nominated Cost Centre operating budgets.

Section 356 Budget Summary
Unallocated balance of S356 fee waiver financial assistance budget 2019/20	$2,903.50
1) Royal Far West - $619.50	Funded from Community Development Cost Centre
2) Kurrajong Therapy plus - $230	Funded from Buildings Cost Centre
3) Riding for the Disabled Association (NSW) Wagga Centre	$99.00
4) Tarcutta Memorial Hall Trust Committee	$260.00
5) OZFish Wagga -$1,000	Funded from Solid Waste Services Business Unit
Subtotal Fee Waivers included in this report – proposed to be funded from the Section 356 Budget	($359.00)
Balance of Section 356 fee waiver financial assistance budget for the remainder of the 2019/20 Financial Year	$2,544.50

Investment Summary as at 30 November 2019

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, details of Wagga Wagga City Council’s external investments are outlined below:

Institution	Rating	Closing Balance Invested 31/10/2019 $	Closing Balance Invested 30/11/2019 $	November EOM Current Yield %	November EOM % of Portfolio	Investment Date	Maturity Date	Term (mths)
*Short Term Deposits*
AMP	BBB+	2,000,000	2,000,000	2.65%	1.36%	3/06/2019	2/12/2019	6
AMP	BBB+	1,000,000	1,000,000	2.80%	0.68%	13/11/2019	11/05/2020	6
AMP	BBB+	1,000,000	1,000,000	3.00%	0.68%	6/03/2019	2/12/2019	9
MyState	BBB	1,000,000	1,000,000	2.75%	0.68%	1/04/2019	1/04/2020	12
Suncorp-Metway	A+	2,000,000	0	0.00%	0.00%	28/05/2019	28/11/2019	6
NAB	AA-	1,000,000	1,000,000	1.67%	0.68%	28/08/2019	28/02/2020	6
ICBC	A	1,000,000	1,000,000	1.67%	0.68%	29/08/2019	28/08/2020	12
NAB	AA-	2,000,000	2,000,000	1.65%	1.36%	30/08/2019	6/03/2020	6
Macquarie Bank	A	2,000,000	2,000,000	1.75%	1.36%	2/09/2019	2/03/2020	6
NAB	AA-	1,000,000	1,000,000	1.70%	0.68%	10/09/2019	11/05/2020	8
*Total Short Term Deposits*		14,000,000	12,000,000	2.14%	8.17%
*At Call Accounts*
NAB	AA-	680,287	277,871	0.75%	0.19%	N/A	N/A	N/A
CBA	AA-	1,389,271	2,499,313	0.75%	1.70%	N/A	N/A	N/A
CBA	AA-	11,913,504	19,929,650	1.60%	13.57%	N/A	N/A	N/A
*Total At Call Accounts*		13,983,062	22,706,834	1.50%	15.46%
*Medium Term Deposits*
RaboBank	A+	1,000,000	1,000,000	3.16%	0.68%	5/06/2017	6/06/2022	60
Rabobank	A+	1,000,000	1,000,000	4.10%	0.68%	5/12/2014	5/12/2019	60
BOQ	BBB+	2,000,000	2,000,000	3.10%	1.36%	7/07/2017	7/07/2020	36
AMP	BBB+	2,000,000	2,000,000	3.00%	1.36%	2/08/2018	3/02/2020	18
Rabobank	A+	1,000,000	1,000,000	3.20%	0.68%	25/08/2016	25/08/2021	60
Westpac	AA-	3,000,000	3,000,000	2.11%	2.04%	10/03/2017	10/03/2022	60
Auswide	BBB	2,000,000	2,000,000	2.95%	1.36%	5/10/2018	6/10/2020	24
ING Bank	A	2,000,000	0	0.00%	0.00%	6/11/2017	6/11/2019	24
BOQ	BBB+	2,000,000	2,000,000	3.35%	1.36%	3/01/2018	4/01/2022	48
ING Bank	A	1,000,000	1,000,000	2.80%	0.68%	5/01/2018	6/01/2020	24
Police Credit Union	NR	2,000,000	2,000,000	3.05%	1.36%	29/10/2018	29/10/2020	24
Australian Military Bank	BBB+	1,000,000	1,000,000	2.95%	0.68%	29/05/2018	29/05/2020	24
BOQ	BBB+	1,000,000	1,000,000	3.50%	0.68%

1.	DA19/0483 - Section 4.15 Assessment Report - Provided under separate cover
2.	DA19/483 - Plans - Provided under separate cover
3.	DA19/0483 - Statement of Envronmental Effects - Provided under separate cover
4.	DA19/0483 - BASIX Unit 1 - Provided under separate cover
5.	DA19/0483 - BASIX Unit 2 - Provided under separate cover
6.	DA19/0483 - Shadow Diagrams - Provided under separate cover
7.	DA19/0483 - Objections -1st Notification - Provided under separate cover
8 .	DA19/0483 - Objections 2nd Notification - Provided under separate cover

Applicant	TJ Hinchcliffe & Associates Pty Ltd
Owner	Elaine Marie Furner & John Charles Furner
Development Cost	$5000
Development Description	Two Lot Subdivision – the existing dwelling will be contained on one block to the front (west) of the site and a new block is proposed as a battle axe lot to the rear (east) accessed via a 10 metre wide driveway along the northern boundary of the subject site.

1.	DA19/0412 - s4.15 Assessment Report - Provided under separate cover
2.	DA19/0412 - Plan of Subdivision - Provided under separate cover
3.	DA19/0412 - Statement of Environmental Effects - Provided under separate cover
4.	DA19/0412 - Redacted Submissions - Provided under separate cover
5.	DA19/0412 - Odour Impact Assessment - Provided under separate cover
6.	DA19/0412 - Department of Planning Correspondence - Provided under separate cover

Applicant	Hinchcliffe & Associates Pty Ltd
Owner	Kullaroo Holdings Pty Ltd Directors – Michael Joseph Bodel and Selina Anne Bodel Secretary - Selina Anne Bodel
Development Cost	$605,000
Development Description	The applicant seeks approval for subdivision under community title of the existing lot to create 21 lots in total. Lot 1 will be community property with an area of 1631 square metres. The remaining 20 lots will vary in size from 280 to 385 square metres and will be for residential purposes (future single dwelling developments). The community property (Lot 1) will contain an internal roadway that will provide one-way access to and from Spring Street and will service proposed Lots 9 to 21. Lots 2 to 8 will have frontage to and access from Spring Street. In addition to the subdivision, the application seeks approval for the construction of the internal roadway and parking facilities that will service the development. The application will also develop all of the services required for each allotment including sewer and stormwater provisions. The applicant proposes to develop the subdivision in 2 stages. Stage 1 will involve the creation of Lot 1 (community lot including roadway, parking and service to all allotments) and the creation of proposed Lots 2 to 8 (i.e. the residential lots fronting Spring Street). Stage 2 will result in the creation of the remaining residential lots (Lots 9 to 21).

1.	DA18/0460 - Section 4.15 Assessment Report - Provided under separate cover
2.	DA18/0460 - Development Plans - Provided under separate cover
3.	DA18/0460 - Redacted Submission - Provided under separate cover