Agenda of Ordinary Meeting of Council

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020

RP-1

Reports from Staff

RP-1 Planning Proposal LEP19/0009 to rezone land at the junction of Edward Street and Pearson Street, Wagga Wagga

Author: Adam Wood

Director: Michael Keys

Summary:

This report recommends the adoption of planning proposal LEP19/0009 by Wagga Wagga City Council.

The planning proposal sets out to rezone land to increase development potential of a neighbouring business site and to allow better management of public infrastructure assets. It affects land at the junction of Edward Street and Pearson Street in Wagga Wagga.

Council has undertaken public exhibition of this planning proposal. Exhibition occurred between 8 February 2020 and 23 March 2020. This public consultation was in accordance with the Gateway Determination provided by the NSW Department of Planning, Industry and Environment on 13 January 2020. Outcomes of the public exhibition period are discussed in this report.

Prior to Gateway Determination, the Planning Proposal received preliminary support from Council at its meeting of 25 November 2019.

Pending Council’s adoption of the planning proposal, staff will proceed to have the Amendment made to the Wagga Wagga LEP and published in the government gazette.

Recommendation

That Council:

a Note the receipt of a submission during the exhibition period for planning proposal LEP19/0009 and response to items raised in that submission;

b Adopt planning proposal LEP19/0009 to amend the Wagga Wagga Local Environmental Plan 2010;

c Use Council delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the instrument.

Planning Proposal Details

Proposal

Council received a planning proposal (LEP19/0009) to rezone land located at 64 Pearson Street from RE1 Public Recreation Zone to B5 Business Development and SP2 Infrastructure Zone.

Applicant

Phillip Drew for Bunnings Group Limited

Land owners

Lot 1 DP 798753 – Steven George Limberger

Lot 1 DP 567236 – Wagga Wagga City Council

Proposal Overview

The planning proposal seeks to amend the Wagga Wagga Local Environmental Plan 2010 (WWLEP2010) to:

1. Rezone part of Lot 1 DP 798753 (comprising 0.15 Ha), located at 64 Pearson Street from RE1 Public Recreation to B5 Business Development. This land is a narrow partition located next to the Sturt Highway reserve. New zoning will be consistent with the B5 Business Development Zone adjoining immediately south. This zoning change will facilitate the most effective design outcome for future development of the business site. Bunnings has expressed its interest in moving its retail facility to that site. Development for that purpose is a highly probable outcome following this planning proposal process.

2. Rezone Lot 1 DP 567236 from RE1 Public Recreation and B5 Business Development to SP1 Infrastructure consistent with the current use of the land. The land is currently occupied by a sewer pump station.

The above changes will be achieved by amending Land Zoning Map LZN_003C in the Wagga Wagga LEP 2010 as per the illustration below.

The exhibition mapping for this planning proposal as seen above is amended from mapping provided to Council’s meeting of 25 November 2019. This was to ensure that exhibition mapping correctly reflected the SP2 marking for the SP2 Infrastructure Zone. Earlier documentation and reports had mistakenly referred to installation of the “SP1 Infrastructure Zone” for the Council-owned lot. SP1 is instead the designation of the SP1 Special Activities zone.

Key Considerations

1. Strategic vision for the site

The current RE1 Public Recreation Zone is a legacy provision which does not reflect the existing environment or land uses on the site. There is no identified public purpose situated on the subject land that upholds RE1 Public Recreation zone objectives. Further, it is not planned that the subject land will be used for public recreation under any current strategic planning documents. The dimensions and location of the subject land are likely also prohibitive to this outcome.

The subject land was originally zoned for public open space under the Wagga Wagga Local Environmental Plan 1985 and Wagga Development Control Plan 1986. The DCP at that time provided for a plantation strip along the highway frontage of the site. Currently a row of vegetation exists within the roadway reserve, but this does not extend inside the boundaries of the subject land.

Lot 1 DP 798753 is a prominent site at the western entrance into Wagga Wagga. It is important that the streetscape is attractive at this location. This can be achieved through the current development controls under Section 10.5 of the Wagga Wagga Development Control Plan 2010 without any requirement for the RE1 Public Recreation zone to be retained at the subject land. These controls will require landscaping along both Sturt Highway and Pearson Street for any future development. The controls also provide guidelines for the design of future buildings to promote attractive business development.

2. Consistency with endorsed strategic directions

There are no directions or actions applicable to the subject land under the Recreation, Open Space and Community Strategy and Implementation Plan 2040.

The planning proposal upholds objectives of the Wagga Wagga Spatial Plan 2013/2043 to “provide flexible opportunities and appropriate locations for establishing and growing business” and to “provide opportunities for key business established in Wagga Wagga to grow further”.

The proposal is also consistent with the recommendations of the Riverina Murray Regional Plan 2036, Section 9.1 Ministerial Directions as well as all relevant State Environmental Planning Policies.

Gateway Determination

The NSW Department of Planning, Industry and Environment issued a Gateway Determination on 13 January 2020 allowing for the planning proposal to proceed, subject to public consultation. The gateway determination also authorised Council as the local plan-making authority for this planning proposal. The Gateway Determination is attached.

During the public exhibition period one submission was received. The submissions and Council’s response are discussed in the internal/external consultation section of this report.

Other than the requirement for public consultation, the Gateway Determination did not place any further requirements upon Council for the conduct of the planning proposal.

Financial Implications

The planning proposal was submitted during the 2019/20 financial year. The planning proposal attracted a low complexity application fee of $15,000 from the applicant. The application fee has 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 Contribution 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 contributions apply and will be considered with any future development consent on the land. The proponent also has the opportunity to enter into a planning agreement, however at the time of this assessment, no request has been received to enter into an agreement.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Wagga Wagga Local Environmental Plan 2010

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

Adoption of the planning proposal will be subject to public scrutiny and may result in additional pressure being placed on Council to consider the rezoning of lands throughout the local government area.

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

Internal / External Consultation

Exhibition of the planning proposal occurred for 44 days from 8 February 2020 until the end of the submissions period on 23 March 2020.

One submission was received. This submission was from Crown Lands section of the Department of Planning, Industry and Environment. The submission did not raise any objection to this planning proposal, but restated Council’s responsibilities with respect to nearby Crown Land holdings during the planning proposal process.

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

Conclusion

The public exhibition period has not revealed any additional concerns regarding the new land use provisions suggested by this planning proposal.

As a result this report suggests that Council adopt the proposal, make the amendment under the delegation provided by the Minister for Planning and Public Spaces and notify the Department of Planning, Industry and Environment of the outcome of the planning proposal.

Attachments

1.	LEP19-0009 Council minutes 25-11-2019 - Provided under separate cover
2 .	LEP19-0009 Gateway determination - Provided under separate cover
3 .	LEP19-0009 Addendum - Provided under separate cover
4 .	LEP19-0009 Planning proposal as submitted - Provided under separate cover
5 .	LEP19-0009 City Strategy Assessment Report - Provided under separate cover
6 .	LEP19-0009 Submission received - DPIE Crown Lands - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020

RP-2

RP-2 DRAFT DEVELOPMENT SERVICING PLAN STORMWATER

Author: Belinda Maclure

Director: Michael Keys

Summary:

The draft Development Servicing Plan Stormwater 2020 and the draft Implementation Guide for the Development Servicing Plan Stormwater 2020 have been developed to replace the Wagga Wagga City Council Development Servicing Plan Stormwater November 2007.

Council officers are requesting Council endorsement to place the draft Development Servicing Plan Stormwater 2020 and the draft Implementation Guide for the Development Servicing Plan Stormwater 2020 on public exhibition.

Recommendation

That Council:

a place the draft Development Servicing Plan Stormwater 20202 and the draft Implementation Guide for the Development Servicing Plan Stormwater 2020 on public exhibition for a period of 30 days from 30 May 2020 until 29 June 2020 and invite public submission until August 12, 2020

b place the minor amendment to Wagga Wagga Development Servicing Plan Stormwater – 2007 on public exhibition for a period of 30 days from 30 May 2020 until 29 June 2020 and invite public submission until August 12, 2020

c receive a further report following the public exhibition and submission period addressing any submissions made in respect to the draft Development Servicing Plan Stormwater 2020 and the draft Implementation Guide for the Development Servicing Plan Stormwater 2020

Report

Background

The draft Development Servicing Plan (DSP) Stormwater 2020 and the draft Implementation Guide for the DSP Stormwater 2020 have been developed to replace the existing Wagga Wagga Development Servicing Plan Stormwater November 2007 (WWDSP – Stormwater 2007).

The introduction of the Implementation Guide provides direction in the application of the Section 64 Stormwater infrastructure contributions and make the framework easier to understand for all stakeholders and for Council to implement.

The DSP Stormwater calculates a Section 64 Stormwater infrastructure contribution based on forecasted population growth, identified assets in the existing network and future infrastructure required to support development. The Section 64 Stormwater infrastructure contributions are expressed as a cost per equivalent tenement (ET), as recommend by the 2016 Developer Charges Guidelines for Water Supply, Sewerage and Stormwater. An ET is the average annual demand a detached dwelling will place on the infrastructure.

The DSP Stormwater 2020 is not a silver bullet to overcome Council’s infrastructure shortfalls. It is a plan that realigns the city’s developable areas with projects that have a nexus to planned stormwater infrastructure projects within land that is still to be developed. A reason for reduced rates across the city is because these developments will not be serviced by significant projects. Higher charges remain in areas such as the Northern Growth Area where additional projects are required. An overview of the charges is shown in the table below.

DSP Area	Details	2020 Draft Infrastructure Contribution Rate per ET*	Current Stormwater DSP Contribution Rate per ET*	Difference
Area A	Wagga Wagga Urban	$3,289	$3,941	-$652
Area B	Estella/Boorooma/ Gobbagombalin	$2,132	$2,256	-$124
Area C	Lloyd	$981	$3,941	-$2,960
Area C	South Wagga Wagga	$981	$2,256	-$1,275
Area D	East Wagga Wagga	$379	$841	-$462
Area E	East Wagga Wagga Industrial	$233	$2,256	-$2,023

*indexed to June 2020

Council will ensure that future greenfield development incorporates an infrastructure strategy that includes stormwater projects that service the whole catchment. This will ensure that Council is not burdened by inadequate infrastructure or has to find alternate sources of funding to service upgrades.

Proposed draft DSP Stormwater Areas

The draft DSP Stormwater divides the city of Wagga Wagga into six areas. They are based on stormwater catchments and where possible are linked to the Wagga Wagga Local Contributions Infrastructure Plan 2019 - 2034. Land outside the DSP Stormwater areas will not be charged Section 64 Stormwater infrastructure contribution. The Section 64 Stormwater infrastructure contributions for each area reflect the expected growth rates, the replacement cost of identified existing assets in the network and required infrastructure costs to support the development in the area. The DSP Stormwater areas are shown on the map below.

Proposed Draft Section 64 Stormwater Infrastructure Contribution Rates

The proposed Section 64 Stormwater infrastructure contribution rates in the draft DSP Stormwater are shown below.

Draft DSP Stormwater Area	Draft Section 64 Stormwater infrastructure contribution per ET
Wagga Wagga Urban	$3,246
Estella Boorooma Gobbagombalin	$2,132
Llyod South Wagga Wagga	$981
East Wagga Wagga	$379
East Wagga Wagga Industrial Area	$233

Across all DSP areas the Section 64 Stormwater infrastructure contributions decrease under the proposed draft DSP. The decrease is because there are less remaining lots in developable areas and projects have been completed. The current indexed Section 64 Stormwater infrastructure contribution rates are shown in the below table.

Draft DSP Area	Section 64 Stormwater infrastructure contribution per ET
Urban West of Willans Hill	$3,941
Estella/Boorooma Urban East of Willans Hill	$2,256
Forrest Hill	$841

It is important to note that Bomen is excluded from the draft DSP due to the Special Activation Project being implemented in the area. It is recommended that the DSP 2007 charges continue until the infrastructure charges with the SAP are finalised. These charges will be applied using the methodology outlined in the draft Implementation Guide. Accordingly, a modification to the existing WWDSP – Stormwater 2007 is proposed and discussed in more detail further in this report.

Proposed Application of Section 64 Stormwater Infrastructure Contributions

The draft Implementation Guide details the proposed methodology to apply the Section 64 Stormwater infrastructure contributions and a draft method of applying credits.

Residential subdivision will continue to be charged a Section 64 Stormwater infrastructure contribution per lot at the time of subdivision. A credit for each existing lot will be applied.

Higher density residential development will be charged at the built form stage when the total impervious area is more than 60% of the lot. The Section 64 Stormwater infrastructure contributions will be 1ET multiplied by the result of the percentage of the lot area which is impervious minus 60%. (being the average lot coverage of standard residential dwelling).

Industrial and commercial development will be charged the Section 64 Stormwater infrastructure contribution at the built form stage, based on the impervious area of the development. The calculation will be based on a per square metre rate and applied to the impervious area of the built form. This rate is calculated on the standard residential lot (1ET rate), expressed as a square metre unit rate (ie 1ET rate divided by 800m², which is the average residential lot size and the basis if the ET rate). Existing hardstand and built form will be recognised and deducted from any new impervious site coverage and total calculation for contributions on each site.

Credits will be applied if the lot has paid a contribution under the current Stormwater DSP and for any hardstand area (this credit will be calculated at the square metre rate). The draft square metre rate for industrial and commercial development in each draft Stormwater DSP area is shown below.

Draft DSP Stormwater Area	Draft Section 64 Stormwater infrastructure contribution per m²
Wagga Wagga Urban	$4.06
Estella Boorooma Gobbagombalin	$2.67
Llyod South Wagga Wagga	$1.23
East Wagga Wagga	$0.47
East Wagga Wagga Industrial Area	$0.29

Section 2.5 of the draft Implementation Guide states that Section 64 Stormwater infrastructure contributions will be imposed on developers via the development consent, which will include the specified time payment is required. For subdivisions, payment will be required prior to the release of the subdivision certificate. For all development not involving subdivision and requiring a construction certificate payment will be due prior to the release of the construction certificate.

Any provisions for deferrals will be applied in the same manner as 7.11 and 7.12 Policy, which requires referral to Council.

Minor Amendment to Wagga Wagga DSP Stormwater – 2007

The new Draft Stormwater DSP excludes the Bomen SAP area. This is due to delays in finalising the investigations and evaluation of infrastructure for the SAP that will determine the infrastructure contributions and obligations. It is proposed, in the absence of this information, that the existing WWDSP – Stormwater 2007 will remain in force for the Bomen SAP area as an interim measure until a new DSP for the SAP area is finalised.

A key improvement in the new plan is to apply contributions at the built form stage rather than at point of subdivision. The proposed minor amendment to WWDSP Stormwater 2007 will ensure the existing DSP is consistent with the new approach.

The WWDSP Stormwater 2007 currently requires payment of contributions at the time of subdivision for industrial and commercial areas. Bomen is specifically identified and includes the following provisions relevant to Bomen.

“2.7 Calculation of Charges

2.7.1 Calculation of Charges for Rezonings and Subdivisions

Bomen

For Bomen, the Developer Charges will be based on the Developer Charge per ET factored for the area based on one ET having an area of 800 m². The charge shall be calculated as follows:

Developer Charge = Nett area of development (m²) x Developer Charge

800 m²

2.7.2 Calculation of Charges for Existing Development with no previous s94 contributions.

There are many instances where development rezoning and / or subdivision has previously occurred with no developer contributions. In these instances, the developer charge for stormwater will be based upon the impervious area created by the development. The impervious area will include the building footprint and roads, carparking, etc.

The charge will be calculated as follows:

Developer Charge = Nett impervious area (m2) x Runoff Coefficient (C100) x Developer Charge”

800 m² 0.74

The minor amendment proposes the following provisions

“2.7 Calculation of Charges

2.7.1 Calculation of Charges for Rezonings and Subdivisions

Bomen

For Bomen, the Developer Charges will be applied at the built form stage not applicable to subdivision as per Section 2.7.2 of this plan.

To enable the change outlined above a minor amendment to the existing WWDSP – Stormwater 2007 is proposed. The amendment will need to be placed on public exhibition. It is recommended that this be undertaken in conjunction with the exhibition of the new Draft Stormwater DSP.

Financial Implications

The draft DSP Stormwater identifies new infrastructure projects required in the next 10 years. During this time approximately 3,276 residential lots are forecast to be developed, with a population increase of 7,912 new residents. Therefore, the annual predicted revenue for Section 64 Stormwater reserve is approximately $600,000.

Council’s Annual Financial Statements for the year ended 30 June 2019 shows the Section 64 Stormwater Reserve balance as $6.551 million.

There are nine projects listed in the draft DSP Stormwater which are carried over from the current DSP and therefore included in Council’s Long-Term Financial Plan 2020 – 2029 (LTFP). The budget of three of these projects has significantly increased since 2007. The projects are the improvement of stormwater drainage at Jubilee Oval, stormwater management in Gobbagombalin and Copland Street. It is proposed to fund the shortfalls of carry over projects from the Section 64 Stormwater Reserve at a cost of $3.5 million.

The draft DSP includes four new projects with an estimated cost of $12.5 million. They are construction of trickle flow drainage at Edison Road, a GPT in Lloyd, the extension of trickle flow drainage along Plumpton Road and the remediation of Glenfield Road drain.

As development supported by the new projects is not greenfield, stormwater infrastructure contributions are limited by the predicted population growth of the areas. The new projects have a funding shortfall of $10.1 million, with $9.2 million associated with Glenfield Road drain and approximately $871,000 associated with the trickle flows and GPT. This shortfall is not proposed to be funded by the Section 64 Stormwater Reserve.

The draft DSP Stormwater capital works schedule shows 88% of the project required to be delivered by June 2023.

Council has successfully applied for a loan as part of the NSW Department of Planning and Environment – Low Cost Loan Initiative for the Kincaid Street and Jubilee Oval projects. These projects will be funded to the value of $1.2 million from the loan. The loan is for ten years and half the interest is subsidised through the scheme.

The below graph shows the predicted Section 64 Stormwater Reserve balance based on the draft capital works schedule and predicted income, taking into account the impact of the Low-Cost Loan.

While the above graph indicates the Section 64 Stormwater Reserve is predicted to be sustainable in response to the proposed draft Stormwater DSP. It is important to note that there is a $9.2m shortfall in the Glenfield Road Project. Council Officers have identified this as a shovel ready project, which will be targeted for stimulus funding through State and Federal Government tranches.

The minor amendment to WWDSP – Stormwater 2007 will not have a significant material impact on Councils finances primarily because it is an interim measure pending development of a new DSP for the SAP area. The change to calculating contributions for stormwater at Bomen to the built form stage is consistent with current practice over the existing Bomen area except for new greenfield subdivisions. The change will allow subdivisions to occur without payment of contributions but these will be applied at built form stage. It is also noted that the major restriction for new subdivisions in the Bomen area and other existing industrial and commercial areas is the Sewer DSP provisions which are currently being reviewed and will be the subject of future reports.

Policy and Legislation

Local Government Act 1993 Section 64

Water Management Act 2000 Division 5 of Part 2 of Chapter 6

2016 Developer Charges Guidelines for Water Supply, Sewerage and Stormwater

Wagga Wagga City Council Development Servicing Plan Stormwater November 2007

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

Projects listed in the draft DSP Stormwater are at risk of not being delivered if the Plan is not adopted as all projects funded by the Section 64 Stormwater Reserve must be listed in a DSP and budgets are set in the Plan.

The Stormwater DSP was last updated in 2007. Best practice is to review the Plans at least every five years. The age of the current Plan is an issue. The reduction in charges will also encourage development, therefore not adopting could risk slow growth in the city.

Given the current economic environment there is a risk of development slowing and affecting the need to deliver projects as identified in the draft DSP Stormwater. If development slows, Section 64 Stormwater infrastructure contribution income declines and the delivery of projects is not as urgent as identified in the draft DSP.

This risk will be monitored and mitigated through an annual review of contributions income received, projects delivered and actual annual expenditure.

Internal / External Consultation

Relevant Council staff from across the organisation have been involved in the review of the draft DSP Stormwater and Implementation Guide. A project team was established to develop the infrastructure projects schedule, review the current application of the Section 64 Stormwater infrastructure contributions and support the development of the draft DSP. This team has representatives from Finance, Planning, Technical and Strategy and City Strategy.

The Executive have been briefed throughout the development of the draft DSP and have reviewed the draft documents. A Councillor workshop has been conducted to consider the draft contribution rates, project schedule and new implementation methodology.

A community engagement plan has been prepared for this project and a copy is included with this report for Councils information. During the public exhibition period, industry stakeholders will be consulted about the draft DSP and Implementation Guide. This consultation will focus on the new draft rates, new draft DSP areas, and the new draft methodology to charge Section 64 Stormwater infrastructure contributions. Industry stakeholders will be encouraged to engage with Council during the public exhibition.

During the public exhibition period, the following activities will be used to engage with developers, industry stakeholders and the wider community.

· Correspondence with industry stakeholders informing them the draft DSP Stormwater and Implementation Guide are on public exhibition and inviting them to provide feedback.

· Using an online platform, industry stakeholders will be encouraged to ask questions and answers will be provided during the public exhibition period.

· There will be an article in Council news, with the required advertisements of the public exhibition period.

· There will opportunities for industry stakeholders to discuss the draft documents with Council staff via video conference or phone meetings.

· The draft documents will be placed on Council’s website during the exhibition period.

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 Development Servicing Plan Stormwater 2020 - Provided under separate cover
2.	Draft Implementation Guide for the Development Servicing Plan Stormwater 2020 - Provided under separate cover
3.	Draft DSP Stormwater Engagement Plan 2020 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020

RP-3

RP-3 DRAFT BIODIVERSITY STRATEGY: MALDHANGILANNA

Author: Carly Hood

Director: Janice Summerhayes

Summary:

The draft Biodiversity Strategy:Maldhangilanna is a ten-year document that outlines the legislative framework associated with biodiversity conservation, internal and external policy context, key threatening processes, and threatened species within the Wagga Wagga Local Government Area. The draft Biodiversity Strategy has been developed through extensive community consultation and supports the vision and objectives expressed in the Community Strategic Plan.

Recommendation

That Council:

a endorse the draft Biodiversity Strategy:Maldhangilanna to be placed on public exhibition for a period of 28 days from 16 June 2020 and invite public submissions during that period

b receive a further report following the public exhibition period:

i addressing any submissions made in respect of the draft Strategy

ii proposing adoption of the draft Strategy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

Report

The benefits gained from biodiversity are shared by everyone and so is the responsibility to address its serious decline. Wagga Wagga City Council’s draft Biodiversity Strategy:Maldhangilanna (the Strategy) aims to increase awareness and address a wide range of key threatening processes impacting biodiversity. This will be achieved by working together to preserve and take care of biodiversity within the Wagga Wagga Local Government Area (LGA).

Maldhangilanna is Wiradjuri for working together. It was recognised that protecting biodiversity is the responsibility of all levels of government and the community. The Strategy identifies a number of stakeholders other than Council, which includes government and non-government agencies that have biodiversity conservation and natural resource management as a priority.

The Strategy has four main focus areas, with strategic objectives and underlying actions for the areas of:

· Planning for Biodiversity

· Strengthening our Natural Assets

· Managing Biosecurity

· Educating and Collaborating

The Strategy outlines the legislative framework associated with biodiversity conservation, internal and external policy context, key threatening processes, threatened species within the Wagga Wagga LGA, connecting biodiversity areas, strategic objectives, actions, monitoring and reporting.

It is recommended the draft Biodiversity Strategy:Maldhangilanna be placed on public exhibition for a period of 28 days from 16 June 2020 and invite public submissions during that period. During the public exhibition period further engagement will be undertaken;

· A media release to announce that the draft Biodiversity Strategy is open for comment and how to make a submission

· Promotion in Council’s communication platforms including Council news, Sustainable Wagga Wagga e-newsletter, Sustainable Wagga Wagga Facebook page, Council Facebook page

· Promote during local radio segments

· Placement on Wagga Wagga City Council’s online consultation platform- WaggaView for comment

· Government agencies, community interest and stakeholder groups will be directly notified and invited to comment

Financial Implications

The draft Strategy contains a large proportion of activities that have an existing funding source - either internal or external. Where an action is unfunded an indicative budget amount and funding source has been identified and staff will follow the standard budgeting process or grant application process to seek funding.

Policy and Legislation

The draft Strategy was developed to assist in achieving Council’s obligations under various legislation and to align with a number of key Council plans including:

· Community Strategic Plan 2040: Wagga View

· Recreation, Open Space & Community Strategy and Implementation Plan 2040

· City of Wagga Wagga Reconciliation Action Plan

· Wagga Wagga Local Environment Plan 2010

· Environmental Protection and Biodiversity Conservation Act 1999

· NSW Biodiversity Conservation Act 2016

· NSW Local Government Act 1993

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We minimise our impact on the environment

Risk Management Issues for Council

The draft Strategy will assist Council to manage risk by ensuring we better address our obligations under various State and Commonwealth legislation.

Internal / External Consultation

Consultation was undertaken during October 2019 - February 2020. A broad public engagement via various radio interviews, social media, e-newsletters and newspaper articles was undertaken to create awareness of the Strategy development and encourage input.

A number of government agencies, community interest and stakeholder groups and members of the public were consulted during this process, which included but not limited to:

· State Government Agencies; Local Land Services, Rural Fire Services, NSW Department of Planning, Industry and Environment, Department of Defence and Department of Primary Industry.

· Community Interest Groups; National Farmers Federation, Murrumbidgee Landcare, ErinEarth, Charles Sturt University and Youth consultation.

· First Nation Interest Groups; Mawang Gaway forums, Local Aboriginal Lands Council and Wiradjuri Interest Group.

· Community Consultation; WaggaView (Love it, Change it and Add it), Community drop-in session, ErinEarth Open Day and Rewild Markets.

· Internal Consultation; Cross directorate staff consultation, Director one on one sessions, Executive and Councillor one on one sessions.

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 Biodiversity Strategy:Maldhangilanna

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020

RP-4

RP-4 Outstanding Debtors deemed unrecoverable - Proposed Write Off List

Author: Carolyn Rodney

Director: Natalie Te Pohe

Summary:

This report lists the outstanding debtor balances whereby Council officers have undertaken all available debt recovery methods and are now deeming them unrecoverable. Council officers are now recommending for these accounts to be written off.

Recommendation

That Council:

a authorise, in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of outstanding user charges and fees totalling $4,001.37

b note the $7,033.90 total for outstanding accounts under $1,000 which are also to be written off under the General Manager’s delegation

c approve the budget variations as detailed in the Financial Implications section of the report

Report

Council raises in excess of $26 million in user charges and fees each financial year.

The below table illustrates the user charges and fees raised, the amount outstanding at financial year end, and also the percentage outstanding.

	2018/19	2017/18	2016/17	2015/16	2014/15	2013/14
User Charges and Fees Collectible - $’000	26,974	26,322	23,807	24,195	23,432	21,114
User Charges and Fees Outstanding - $’000*	857	1,062	1,063	1,206	1,440	2,612
User Charges and Fees Percentage Outstanding*	3.18%	4.03%	4.47%	4.98%	6.15%	12.37%

*NB: The User Charges and Fees Outstanding shown in Council’s annual financial statements have been adjusted to exclude user charges and fees raised during the June month that were not yet due.

As can be seen from the above table, Council is continuing to be proactive in managing debt levels using a variety of debt recovery methods. Unlike the rates and charges outstanding where the last avenue for recovery is the sale of property, for user charges and fee debts, when all available debt recovery methods have been exhausted, at times the only practical option is to write the debt off.

Pursuant to Clause 131 (4) of the Local Government (General) Regulation 2005:

An amount of rates or charges can be written off under this clause only:

(a) if there is an error in the assessment, or

(b) if the amount is not lawfully recoverable, or

(c) as a result of a decision of a court, or

(d) if the council or the general manager believes on reasonable grounds that an attempt to recover the amount would not be cost effective.

The following outstanding amounts appear in Council’s general debtors ledger and as mentioned earlier, all normal avenues of debt recovery have been exhausted in respect to these accounts.

See Attachment A for detailed information on each debtor, both for accounts over $1,000 each, and under $1,000 each.

Outstanding accounts over $1,000 each – Council resolution required for write-off:

Debtor Type

Number

Amount

Property Fees (Sewer Charges)

$4,001.37

Total Over $1,000 each –

Council Resolution Required

$4,001.37

Outstanding amounts under $1,000 each – General Manager write-off under Delegation

The General Manager, under Delegation 1.56 has authority to write-off individual amounts under $1,000. Clause 131(6) of the Local Government (General) Regulation 2005 requires the General Manager to advise the council of rates and charges written off by written order. A review of outstanding accounts under $1,000 that Council is unlikely to recover totals $7,033.90. A summary by charge type is provided below:

Debtor Type	Number	Amount
Skin Penetration	7	$945.45
Food Inspections	6	$3,029.86
Clean-up Notice	5	$2,675.00
Septic Tank Inspection Fee	1	$99.40
Corporate Wardrobe	1	$24.00
LMC Fees	3	$260.19
Total Under $1,000 each – General Manager Delegation	23	$7,033.90

Total Write Off 2019/20:

Proposed accounts over $1,000 each to be written off $ 4,001.37

Accounts under $1,000 each written off $ 7,033.90

Total write off 2019/20 $ 11,035.27

Financial Implications

The amounts recommended to be written off which total $11,035.27 will be funded from:

· $6,773.71 from the General Fund provisions for doubtful debts allowed for at the end of the 2018/19 financial year

· $4,001.37 from the Sewer Fund provisions for doubtful debts allowed for at the end of the 2018/19 financial year

· $260.19 from the Livestock Marketing Centre provisions for doubtful debts

Policy and Legislation

Clause 131 of the Local Government (General) Regulation 2005

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified

Internal / External Consultation

Council’s Community Engagement Strategy and IAP2 considers the community to be “any individual or group of individuals, organisation or political entity with an interest in the outcome of a decision….”

The Finance Division has consulted with the appropriate areas of the organisation, where required, in determining those amounts to write-off.

Attachments

1 ⇩.

Attachment A - Proposed Write Offs - 2019.20

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020. RP-5

RP-5 POL 075 - Investment Policy

Author: Zachary Wilson

Director: Natalie Te Pohe

Summary:

Council’s Investment Policy (POL 075) is required to be reviewed annually with any amendments approved by Council. A review has been undertaken and no amendments are proposed to the current Policy.

Recommendation

That Council:

a note the recommendation from the Audit, Risk and Improvement Committee contained within this report

b note that there are no proposed changes to POL 075 – Investment Policy

c adopt POL 075 – Investment Policy

Report

Council’s Investment Policy provides a framework for Council officers who have been delegated by the General Manager to invest Council funds. The Policy ensures that adequate controls are in place to ensure Council’s investments are managed appropriately, in order to maximise the return to Council in accordance with the risk appetite of Council.

In accordance with the Policy, an annual review must be undertaken with any amendment to the Policy required to be made by way of Council resolution.

The annual review of the Policy has been undertaken with input from Council’s independent investment advisor, Imperium Markets. In undertaking this review, Imperium Markets and Council officers took into consideration the general economic and market conditions as well as the impacts of the COVID-19 pandemic.

Following this review, it was determined that no amendments are required to the current Policy. If significant economic or market conditions are experienced, section 1.9 Review procedures allows for a further review of this Policy. If this is to occur, Council officers will undertake a review in consultation with Council’s independent investment advisor.

The Policy was then provided to the 7 May 2020 Audit, Risk and Improvement Committee meeting seeking feedback. The resolution from that meeting was:

That the Audit, Risk and Improvement Committee:

a note that there are no changes to POL 075 - Investment Policy

b recommend Council adopt the reviewed POL 075 - Investment Policy noting there are no changes

While there are no proposed amendments to the Investment Policy, Council staff believe that it is prudent for Councillors to be aware that the annual review has been undertaken and considered by the Audit, Risk and Improvement Committee. It is requested that Council adopt the reviewed POL 075 - Investment Policy as outlined in section 1.9 Review procedures of the Policy, “Any amendment to the Investment Policy must be by Council resolution”. As there are no amendments to the current Policy, it is proposed that the updated Policy not be placed on public exhibition.

Financial Implications

The content of the Investment Policy determines what types of investments and terms are allowable and its content outlines the framework Council officers are able to work within in making investment decisions. The role of Council officers responsible for managing Council’s investment portfolio is to maximise investment revenue earned, whilst adhering to the Investment Policy.

Council’s portfolio balance was $134.6M at 30 April 2020 with budgeted investment income for 2019/20 of $3.58M.

Policy and Legislation

POL 075 – Investment Policy

Local Government Act 1993 – Section 625

Local Government (General) Regulation 2005 – Section 212

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

The Investment Policy attempts to mitigate the potential loss of investment income or capital resulting from ongoing management of investments, especially during difficult economic times.

As required by the Local Government Regulation 2005, Council officers report monthly to Council on the investment portfolio performance and position.

Internal / External Consultation

Council’s independent investment advisor, Imperium Markets, have reviewed the policy and has provided amendments where necessary.

Council officers have also reported the reviewed Policy to the Audit, Risk and Improvement Committee, at its 7 May 2020 meeting.

Attachments

1 ⇩.

POL 075 - Investment Policy

Report submitted to the Ordinary Meeting of Council on Monday 15 June 2020

RP-6

RP-6 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

Author: Scott Gray

General Manager: Peter Thompson

Summary:

This report is to provide responses to Questions/Business with Notice arising from previous Ordinary Council Meetings.

Recommendation

That Council receive and note the report.

Report

The following is in response to Questions/Business with Notice raised at previous Ordinary Council meetings.

Councillor P Funnell requested a review of sewer charges to the Show Society in particular the mechanism for calculating sewer charges for the Showground.

Council uses the Best Practice Sewerage Pricing Model that ensures the fair distribution of the cost of providing services across the community, removing the occurrence of low users subsidising higher users.

Council’s Non-Residential Sewer charges are based on an access charge (water meter size) and water usage with data being provided by Riverina Water County Council. The Show Society currently has five (5) water meters including two large 80M water meters.

Included in the calculation is a discharge factor that is applied based upon an estimated percentage of water that is discharged into Council’s sewer system. The discharge factor applied is currently 10% meaning that it is assumed that 90% of the water is retained on the site and only 10% going to Council’s sewer system. The discharge factors can vary depending on the water use at each property, with some having a discharge of 95%, meaning that 95% of water goes into Council’s sewer system.

Council officers have contacted the Show Society to arrange an onsite visit in order to commence a review of the current water meter set up and water usage at the Showground. The review will be undertaken in conjunction with the Riverina Water County Council.

Councillor P Funnell requested advice on the program and timeframe for farmers to attend the Livestock Marketing Centre given the easing of COVID-19 restrictions.

The current status for the LMC is as per the current NSW Public Health Order (#3) with the following site-specific controls in place.

· No public access

· Manned security access point for maintained attendance register and access control

· Essential staff only

· Registered buyers only (this is independently controlled by the Wagga Selling Agents Association)

· Transporters to drop off and pick up stock accordingly

These restrictions are in line with industry protocols developed, as per extract from recent industry communication to the Minister for Agriculture, Drought and Emergency Management:

Australia’s livestock industry is acutely aware of the immense challenge the COVID-19 health emergency presents and acknowledges the significant economic and health challenges faced by all Australians and by the global population. Ensuring continuity in food supply at this difficult time is of critical importance. For this reason, the livestock industry is taking proactive steps to ensure that saleyard sales – an essential part of the livestock supply chain – can continue.

Saleyard operators, agents, buyers, processors and producers understand that reducing the risk of exposure to and spread of COVID19 is essential and have come to a unified position on the management of saleyard sales. The personnel that are required at saleyard sales will be limited to essential saleyard site staff, accredited livestock agents and essential agency staff along with active professional buyers with genuine intention to purchase. Livestock transporters will still be able to access saleyard facilities for unloading and loading of livestock. All other individuals, who are not essential to the sale process, should not attend the facility.

A meeting is being held by the end of this week, between Council and the Wagga Selling Agents Association to discuss potential options in regards site accessibility in accordance with the NSW Public Health Order. Outcomes of this meeting will be considered early next week.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A