Agenda of Ordinary Meeting of Council - Monday, 10 August 2020

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-1

Reports from Staff

RP-1 LEP19/0002 - Morgan, Murray and Forsyth streets - Amendment to Wagga Wagga Local Environmental Plan 2010 and Wagga Wagga Development Control Plan 2010

Author: Crystal Atkinson

Director: Michael Keys

Summary:

At the ordinary meeting of Council on 16 December 2019, Council adopted changes to the Wagga Wagga Local Environmental Plan 2010 that reclassifies land located at 205 Morgan Street from ‘community’ to ‘operational’ and rezoned land from RE1 Public Recreation and R1 General Residential to B4 Mixed Use.

The consideration of floor space ratio and height of building amendments were deferred to be considered alongside an amendment to the Wagga Wagga Development Control Plan 2010. The aim of the DCP amendments is to provide greater surety for the community, Council and the developer on future development of the site.

At the ordinary meeting of Council on 14 April 2020, Council endorsed a draft amendment to the Wagga Wagga Development Control Plan 2010 for public exhibition for three months.

The purpose of this report is to provide feedback on the public consultation and submissions received. The report also recommends adoption of the draft Development Control Plan and adoption and gazettal of the deferred draft ‘height of building’ and ‘floor space ratio’ controls to the Wagga Wagga Local Environmental Plan 2010.

Recommendation

That Council:

a note the submissions received during the exhibition period from 18 April 2020 and 18 July 2020 for the draft site-specific development controls proposed to be included in the Wagga Wagga Development Control Plan 2010

b adopt the amendments to the Wagga Wagga Development Control Plan 2010, with minor adjustments as identified in the report

c note the submissions received during the public exhibition period from 10 August 2019 to 4 October 2019 and reported to Council on 16 December 2019 for the draft amendments to the Wagga Wagga Local Environmental Plan 2010 in relation to the proposed changes to height of building and floor space ratio provisions

d use delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the proposed height of building and floor space ratio amendments previously exhibited

Background

Council has been considering a Planning Proposal (LEP19/0002) for land located on Morgan, Murray and Forsyth streets seeking to amend the Wagga Wagga Local Environmental Plan 2010 (LEP). The proposal intended to reclassify community land, rezone land from RE1 Public Recreation and R1 General Residential to B4 Mixed Use, increase the height of building provisions to 35 metres and remove floor space ratio provisions.

The draft amendments to the Wagga Wagga Development Control Plan 2010 (WW DCP) was on public exhibition from 18 April to 18 July 2020 and generated a large amount of public interest and submissions.

At the ordinary meeting of Council on 16 December 2019, Council endorsed the proposed changes to the LEP and specifically excluded the increase in building height to 35 metres and removal of the floor space ratio provisions. These items were deferred pending consideration of an amendment to the WW DCP addressing concerns raised.

In consideration of the issues raised with the proposed changes to ‘height of building’ and ‘floor space ratio’, a draft amendment to the WW DCP with site-specific controls was developed and endorsed for exhibition on 14 April 2020. The purpose of the proposed site-specific DCP controls is to ensure:

§ Development on the site is appropriate to the built context or desired future built context and aligns with Council’s strategic vision for the locality and broader city.

§ The design and layout of development on the site retains a high-level amenity for all users on and off the site.

§ Buildings on the site achieve an appropriate relationship to the public domain including streets, lanes, parks and community spaces.

§ The design and layout of residential development provides improved liveability through enhanced internal and external apartment amenity in accordance with best design practices.

§ Development supports sustainability strategies by including building design and siting to reduce energy consumption, the use of solar power in building design and water recycling.

§ A detailed Traffic Impact Assessment and Parking Strategy and Management plan is submitted as part of any development application to address traffic and parking impact.

§ Location of development is orientated to minimise overshadowing and privacy impacts.

The site-specific controls proposed that the roof height of the tallest building on the site, shall not exceed 32m with height distribution strategy diagrams developed and included in the proposed site-specific DCP controls. The diagrams indicate how height and bulk could be appropriately distributed across the site to ensure the objectives and controls can be achieved. These diagrams are shown below:

Public exhibition

Draft amendment to Wagga Wagga Development Control Plan 2010:

Public exhibition of the draft DCP amendment was undertaken for a period of three (3) months from 18 April 2010 to 18 July 2020. The extended period for public exhibition was nominated by Council in response to the level of community interest and restrictions related to Covid-19. The draft DCP controls and accompanying exhibition material were made available for viewing on Council’s website and both legal and graphic notices were placed in the Daily Advertiser on seven (7) occasions.

During the exhibition period, the following engagement options were made available:

§ Dedicated website: https://connect.wagga.nsw.gov.au/MorganStreet

o Online questions and answers

o Online submissions

o Key dates

o Document library

o Newsfeed with key information and updates

§ Ongoing phone, email and mail contact

§ Direct email contact updates (contact list from previous engagement)

§ Two (2) live Facebook online forums

§ Facebook posts

§ Information videos

§ Access to 3D video and images provided by applicant

§ On request, hard copies of information posted, letter box dropped or provided on USB

§ Verbal submissions taken

§ Face to face meetings (limiting numbers as per meeting room requirements under Covid19 restrictions).

Planning Proposal amendment to Wagga Wagga Local Environmental Plan 2010:

The planning proposal and accompanying exhibition material were on public exhibition from 10 August 2019 to 4 October 2019. A community workshop was held on 12 November 2019 and a public hearing held on 18 November 2019. The outcomes of the exhibition were reported to Council on 16 December 2019. A summary of the submission topics and responses is provided as attachment 6.

DCP Engagement outcomes

During the exhibition period for the draft DCP, a total of 224 submissions have been received. A full copy of all submissions is provided with this report under separate cover (attachment 4).

A summary of the key topics raised in submissions is provided under Internal/External Consultation section below. A further summary table together with a planning response to all submissions has been collated and provided with this report under separate cover (attachment 5).

Website:

A dedicated website was established during the initial exhibition of the proposed amendments to the Wagga Wagga Local Environmental Plan 2010. This same website was adapted for the exhibition of the proposed site-specific development controls. The website has had 4,391 page views and 1,710 visitors during the exhibition period.

A summary of key statistics on website visits and access to information, together with Facebook activity is provided as an attachment to this report (attachments 2 and 3).

Proposed site-specific development controls

In response to the proposed site-specific development controls, several comments or suggestions were provided. In response to these, the following is proposed to be added to the exhibited controls to address concerns with restricted parking:

§ Where restricted access parking is proposed as part of either residential or commercial development, the Parking Strategy and Management Plan must consider and address impacts on access to and provision of parking both on and off the site.

The proposed change has been included in the proposed DCP controls provided as an attachment to this report (attachment 1). The changes are considered minor in nature and strengthen the intent of the site-specific controls and therefore do not require re-exhibition.

Financial Implications

The amendments to the Wagga Wagga Development Control Plan 2010 have been generated internally to address concerns raised during the public exhibition period for LEP19/0002. As this is generated internally, there are no application fees.

It is anticipated that the LEP and DCP amendments will result in new development on the subject land in the future. This has financial implications for Wagga Wagga City Council.

Section 7.11 of the Environmental Planning and Assessment Act 1979 and Council’s contributions plans 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 Council’s development servicing plans enable Council to levy developer charges based on the increased demands that new development will have on sewer and/or stormwater.

The contribution and development servicing plans will apply to any future development on the land.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulations 2000

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control 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

At the time of supporting the DCP amendments to go on public exhibition, there was concern expressed about Covid-19 restrictions and community participation. This was a risk for Council that has been addressed through an extended period of exhibition supported by a proactive and responsive community consultation campaign. The local and wider community have had the opportunity to be involved and participate in consideration of this proposal.

Consideration and determination on this matter will provide a decision and final direction on this proposal for the community and developer.

Internal / External Consultation

The topics and issues identified in consideration of draft DCP are consistent with the topics and issues raised during the WW LEP amendment exhibition.

The DCP amendments will provide greater certainty on future development. In the absence of a final definitive development proposal, there will remain some degree of criteria and uncertainty, hence the similarity in concerns and issues resolved.

The DCP amendments seek to support and resolve potential concerns.

Draft amendment to Wagga Wagga Development Control Plan 2010:

The site-specific development controls and accompanying exhibition material were made available for viewing by the public on Council’s website. Notices were also provided to neighbouring properties and to submitters from the previous exhibition. The public exhibition and submission period occurred from 18 April 2020 to 18 July 2020.

During the public exhibition period, 224 submissions were received. 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 many submissions, the summary table and response to each submission has been provided under separate cover.

A list of topics raised in submissions is summarised in the following table with a detailed planning response. A copy of the full submissions is provided under separate cover.

Costs / housing affordability

Comments / issues:

§ The ongoing costs to ratepayers are a concern.

§ Doubt the developer contributions will cover ongoing costs.

§ High-density does not increase housing affordability.

§ Impact on property value.

Detailed Planning Response:

§ The impact on property value is not a planning related consideration and cannot be considered as relevant grounds to object to a planning proposal.
The Valuer General determines land value on 'highest and best permitted use' and in most cases, this is based on current zoning and planning restrictions. Land value is on land only and does not include the value of structures on the land.
No assessment has been undertaken to determine the implication of the zone change on the surrounding land values. However, one could reasonably expect that redevelopment of the subject site over time will have a positive impact on property values in the area.

§ The 20-year economic vision for Regional NSW identifies Wagga Wagga as a significant growth area with a potential population of over 100,000 people in the year 2038. To plan for a community of 100,000 people, an additional 14,000 homes are required across the city. This is best accommodated through a mix of infill and greenfield developments that support the future population.

§ The Wagga Wagga Spatial Plan 2013-2043, endorsed by NSW Department of Planning, Industry 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 services and amenities are available.

§ Housing choice and a mix of housing types will be a key factor in future city growth and supports affordability across the residential sector and lifestyle outcomes.

CBD / commercial space needs

Comments / issues:

§ CBD is losing businesses.

§ This will impact the CBD.

§ Why does Wagga Wagga need more office space?

§ Council should be supporting existing businesses and the main street.

Detailed Planning Response:

§ It is not anticipated that the proposed future development will have a significant impact on the retail sector. The central business district is zoned B3 Commercial Core with objectives to provide a range of retail, office, entertainment, community and other suitable uses that service the needs of the local and wider community.
The objectives of the B4 Mixed Use zone (this site) are to provide a mixture of compatible uses and integrate suitable business, office, residential, retail and other development in accessible locations to maximise public transport patronage and encourage walking and cycling. The key difference is that B4 Mixed Use zone permits residential apartment buildings which is not permitted in the B3 Commercial Core.

§ The site is within proximity to the CBD and offers an ideal opportunity to increase population in these areas. This will provide a strong customer / client base for existing and future businesses in the CBD. Further opportunities for employees and business owners to live near their workplace will support and sustain businesses and well-being of employees. This will also help to make Wagga Wagga a city of choice for all sectors and ages.

§ The proposal does not intend to increase the existing amount of overall retail space on the site.

Open space / green Space / environment

Comments / issues:

§ Quiet enjoyment of the Wollundry Lagoon and Collins Park will be diminished.

§ Should be providing more green spaces.

§ Wollundry Lagoon should remain a place of tranquillity, 8+ storey apartments will destroy this and have an impact on local wildlife/birds.

§ Need to secure more not less green space.

Detailed Planning Response:

§ Any future development will be subject to assessment and conditions to ensure development does not result in negative environmental impacts.

§ Whilst the concept indicates green spaces, the details of where, the quantities and quality of green spaces provided will form part of future development applications.

§ At the time of development, green spaces will need to be provided in accordance with Council development control plan and the NSW Apartment Design Guide.

§ The site is located within proximity to a variety of quality open space resources and networks. Off-site open space options within walking distance include Duke of Kent Oval, Belling Park, Wollundry Lagoon and Collins Park.

§ The objective of our strategy for green spaces is to ensure well located, usable, accessible and connected open space opportunities are available for the whole community. This site is ideally located to meet this objective. The proposed site-specific controls also require developments to provide a mix of open space opportunities for all ages and abilities.

Parking and traffic

Comments / issues:

§ The area is already congested.

§ The intersections are dangerous.

§ Parking nightmare for current residents.

§ There are not enough parking spaces as it is, this complex will add to the scarcity.

Detailed Planning Response:

§ Any development application, whether this site or another site within the city needs to demonstrate how it will address the parking provision on-site. Any future developments will need to show where parking will be provided on land that forms part of the development.

§ 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.

§ For a development of the scale proposed and the potential impacts, it is appropriate for a more detailed assessment of the impact of the development on the broader road network, rather than just the adjoining road segments and intersections. There are various options available to improve the surrounding road network and adjoining intersections and these options should be considered in terms of the final design of the site and to facilitate future development applications. It is recommended that all future development applications taking up the provisions approved under this planning proposal must ensure that a detailed traffic impact assessment for the development site has been completed and adhered to.

§ The site has been developed over an extended period and each new development has aimed to provide parking to suit the needs generated by each development. As a result of this incremental development, there is a perception that the parking on the site could be managed better. The development envisioned by the planning proposal provides the unique opportunity to address this concern and to put measures in place to improve parking across the site. 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 anticipates that all required parking will be fully accommodated on site.

§ 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. Parking will need to be provided in accordance with the development control plan and RMS guidelines.

§ Concepts are developed to understand the likely traffic and parking impacts. From a concept we can understand the likely impact and whether it is likely to be a suitable solution. There is capacity to development solutions over the site. The concept could change, so it is more appropriate to do detailed studies when development applications are lodged.

Heritage

Comments / issues:

§ Demolishing the heritage will mean we lose the meaning of a country town.

§ High-rise buildings will overshadow the heritage area and detract from it.

Detailed Planning Response:

§ Whilst the site is located outside the Heritage Conservation Area and there are no listed heritage items on the site, there are opportunities to incorporate design elements from the site’s original buildings into the new building design. This has been proposed as part of the concept plan.
Consideration is given to heritage where developments are adjacent to the heritage conservation area, development shouldn't try and replicate heritage design.

Amenity / Character

Comments / issues:

§ The proposed scale won’t achieve a high-level amenity.

§ Even though Wagga Wagga is the largest inland city, it is a country town.

§ Why should residents be subject to the loss of residential amenity?

Detailed Planning Response:

§ The full details of what will be located on the site as a result of development is not yet known. Amenity and character impacts will be a key consideration as part of any development application.

Height / overshadowing / privacy

Comments / issues:

§ The height is that of the Wagga Wagga Base Hospital which will take away privacy of homes and yards.

§ Height will impact sunlight and shadowing on neighbouring properties.

§ If I wanted to live in a high-rise, I would move to one of the capital cities of Australia.

§ A cluster of buildings at this height will be an eyesore.

Detailed Planning Response:

§ An increase in height will optimise the use of the land and relying on a high-quality design could provide a positive outcome for the city, particularly considering the expected increase in population and changing housing demands in the next 20 years.

§ The Development Control Plan amendment includes additional design controls for mixed use development to guide an appropriate relationship of new buildings on the site to surrounding properties, public domain including streets and parks.

§ Overshadowing will be managed through height controls in the development control plan, with height transitioning from the centre of the site to the edges, particularly with existing residential areas.

§ The site provides a unique opportunity for infill development in proximity to the central business district and health precinct. An increase in 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 in the next 20 years. The same principles could be applied to other sites in the city, however like 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.

§ Shadowing of properties earlier in the morning and later in the day will have a broader impact than what would be experienced in the middle of the day. In considering overshadowing, it is important to protect adjoining properties access to sunlight in the middle of the day.

§ The current 16m height limit can result in 16m buildings at the street edge. The site-specific development controls are intended to distribute the height across the site with the highest buildings located in the centre of the site and set back from Morgan Street.

Public land / reclassification / sale

Comments / issues:

§ The Car Club land has been used for a long time and it will be a shame to lose this.

§ The sale of the land only benefits the developer.

§ Sale of public land can only occur when it benefits the community.

§ Want Car Club land to be replaced with an extension to the Wollundry Lagoon onto this site.

Detailed Planning Response:

§ Council has reclassified the public land currently used by the Wagga Wagga Veteran and Vintage Car Club to operational land. A further report will be provided to Council detailing sale process and considerations of sale via public process.

§ The reclassification and sale of community land takes into consideration current users, amount of community land, long term costs and opportunities for co-located spaces to better manage the various community spaces to achieve better community outcomes.

§ Including the community land used by the Vintage Car Club is consistent with Council’s adopted Recreation, Open Space and Community Strategy 2040 (ROSC Strategy). The relocation of the existing users of the site was to be facilitated and the future use of that land was identified to be commercial. Ongoing discussions with current users and a preferred site for relocation has been identified.

§ Council has not provided any guarantee on who will purchase the community land. The sale of community land is subject to Council resolution and requires a public auction that is open for anyone to bid.

§ Showing a building on that land provides a concept of what could be achieved, it is not set in concrete.

§ The site is located within proximity to other open space facilities available for public use including Wollundry Lagoon, Collins Park, Belling Park and Duke of Kent Oval.

§ Council requested that the developer consider the full site (excluding the land north-west of the stormwater drain) to ensure a precinct approach was taken and in consideration of the outcomes of the community land identified in ROSC Strategy.

Floor space ratio / density

Comments / issues:

§ Given the Covid-19 crisis, should we be encouraging high-density when the spread of the virus occurred in high-density apartments?

§ Living in high-density buildings has a negative impact on health and wellbeing.

§ Increasing density will impact the relaxed way of life and country feel.

§ The removal of floor space ratio controls will mean there will be no requirement for green spaces.

§ Congestion of buildings will increase.

Detailed Planning Response:

§ Floor space ratio is a means to distribute the floor area across the site. It does not take into consideration open space or setbacks. Achieving the current floor space ratio on this site could result in poorly designed development. A more flexible approach to how floor space is assessed and where mass is concentrated will allow for a better environmental design and superior urban design outcome by allowing higher and more dense buildings to be concentrated in the central part of the larger site or where larger setbacks are available such as Morgan Street.

§ Floor space ratio controls do not control how much or whether green space is provided and will not remove the need for green space to be provided.

§ Floor space ratio was a new control introduced in 2010 as part of the adoption of the Wagga Wagga Local Environmental Plan 2010. Floor space ratio is determined by Council and gets reviewed and amended as required. Applying a floor space ratio is not necessarily the best way to achieve or manage bulk and scale on the site. There are better outcomes that can be created without strict design by numbers approach. If development is reliant on floor space ratio controls, then poor design responses may be the result. More specific design outcomes, as sought by the proposed DCP amendments will emphasise that the design response needs to focus on key outcomes. Council will use these controls to assess any future development proposal if the changes are adopted.

Proposed DCP controls

Comments / issues:

§ The wording is vague and should be tightened.

§ Stormwater management must be done by the developer.

§ Propose alternative parking requirements.

§ The proposal will not comply with the proposed objectives.

§ Rooftop plant and equipment should not be screened as this will make it visible.

§ There is confusion with the terminology in the DCP.

§ DCP needs to keep height and floor space ratio controls.

Detailed Planning Response:

§ The proposed DCP controls are specific to this site only and provide more detailed and specific requirements for all development on this site.

§ The controls have been established based on the concept and provide certainty on what development outcomes will be standard for anyone who owns land within this site. A Master Plan for this site will be more detailed than what is provided for the Health and Knowledge Precinct and will need to demonstrate consistency with any adopted controls for the site.

§ The height distribution strategy shows where the bulk of the height is to be concentrated and ensures minimal impact on surrounding properties. Applying a set percentage of the maximum height on the property could move the tallest building to the Murray or Forsyth Street frontages where it potentially has an impact on nearby residences. The bulk of the height is proposed to front Morgan Street with the consideration that the building will be required to be setback similar to the existing buildings on the site.

§ The use of the word ‘could’ when referencing how height can be distributed across the site is suitable for applying development controls. Whilst the height distribution provides a visual representation of how height can be distributed, the achievable heights will need to be responsive to the surrounding environment rather than being fixed.

§ The proposed control ‘C10’ includes provisions for the roof top plant to be located so that it is setback from the building edge so as not to be visible from the street. Screening is an extra measure to ensure it is not visible.

§ Concepts are developed to understand the likely traffic and parking impacts. From a concept we can understand the likely impacts and whether there is likely to be a suitable solution. We understand there are solutions available. The concept could change, so it is more appropriate to do detailed studies when development applications are lodged. The concerns with quarantined parking are noted and it is recommended that the following control be included within the proposed DCP controls:

Where restricted access parking is proposed as part of either residential or commercial development, the Parking Strategy and Management Plan must consider and address impacts on access to and provision of parking both on and off the site.

§ The suggested parking rates provided are noted and a comparison of rates has been analysed, as shown in the following table:

The existing parking rates in the DCP and RMS Guidelines provide for a range of land uses that more appropriately reflect the parking needs when a mix of land uses are likely to be proposed.

No assessment has been undertaken on a comparison of the total parking space outcome under the parking provision scenarios in the table above as the full details of what will be proposed on-site is unknown.

§ The existing site condition is mostly hardstand requiring all water to enter stormwater infrastructure. Redevelopment is not anticipated to increase the amount of hardstand area. Despite this, the proposed controls require a stormwater management plan to be developed to determine the stormwater impacts and appropriate management measures.

Moratorium

Comments / issues:

§ Suggest a moratorium on all development of the subject land until the necessary sewerage and stormwater drainage of urban flooding and environmental matters have been addressed with community consultation and outcomes determined.

Detailed Planning Response:

§ A moratorium is not required, as the proposed site-specific development controls will have a similar intent. Development will not be granted approval until the required evidence and detailed traffic, parking, stormwater, shadowing, environmental etc. studies are provided.

Stormwater

Comments / issues:

§ The area is already not coping.

§ Groundwater needs to be considered before recommending approval.

§ Council advised they will revisit the drainage issues.

§ Will the lagoon be capable of receiving the direct inflow through inadequate stormwater / drainage and sewerage.

Detailed Planning Response:

§ The full details of what will be located on the site as a result of development is not yet known. As part of any development application, drainage impacts are a key consideration. A stormwater management plan with consideration of the overland flow impact will be required to be submitted ensuring no deterioration or increase in existing impacts on the surrounding neighbours.

§ The site is protected by the main city levee during riverine flood events. The current hazard and hydraulic categorisation for a 1% flood event (1 in 100 chance of occurring) from local rain events indicates the site has low hazard category flooding on the site and high hazard flooding in the cement drainage channel.

§ The existing stormwater drain will continue to be an infrastructure asset that Council manages and maintains for the management of stormwater on and around the site.

Support

Comments / issues:

§ In favour of the development.

§ Will bring jobs and provide accommodation options within the community.

§ Contributes to the growth of the city to 100,000 people.

§ Is consistent with Councils strategy for infill development.

§ Will support the economy.

Detailed Planning Response:

§ The submissions in support of the proposed changes are noted.

Questions

Questions:

§ What has the developer done to ensure the development safeguards the strategically important helicopter land sites?

§ Has Council implemented a clause into their LEP to provide protection for the flight paths associated with the helicopter land sites?

§ Does Wagga need something this big in this location?

§ Do areas occupied primarily by residential areas have to put up with unnecessary congestion.

Detailed Planning Response:

§ The proposed height does not impact the helicopter landing site for the Wagga Wagga Base Hospital and the existing flight paths. The LEP clause for Hospital Helipad protection has not been adopted in the Wagga Wagga Local Environmental Plan.

§ This proposal has been considered against the objectives of our Wagga Wagga Spatial Plan 2013-2043 and is consistent with the intent to encourage infill development in locations where infrastructure is capable of supporting infill. This will reduce urban sprawl of the city that places pressure on existing infrastructure and resource.

§ Infill development in residential areas can be compatible through appropriate controls. Controls for things such as setbacks, height distribution, shadowing and green space will determine how development is designed so that it is sympathetic with the surrounding streetscape.

A Councillor workshop was held on 20 July 2020. The outcomes of the workshop were to inform Councillors of the outcomes of the public exhibition and community consultation.

Planning Proposal to amend Wagga Wagga Local Environmental Plan 2010:

During the public exhibition of the proposed amendments to the LEP, 86 submissions were received. A summary of the topics raised in submissions is provided as an attachment (attachment 5).

Community engagement methods undertaken during the exhibition period are identified below:

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 ⇩.	DCP Amendment - Proposed site-specific controls
2 ⇩.	Website Statistics
3 ⇩.	Facebook content statistics
4 .	Submissions - Provided under separate cover
5 .	Submission summary and responses - Provided under separate cover
6 ⇩.	Planning Proposal to amend Wagga Wagga Local Environmental Plan 2010 - summary of topics and issues

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-2

RP-2 LEP20/0002 - River Road / Old Narrandera Road - Amendment to land zoning, minumum lot size and urban release area of the Wagga Wagga Local Environmental Plan 2010

Author: Crystal Atkinson

Director: Michael Keys

Summary:

Council is in receipt of a planning proposal to rezone land from RU1 Primary Production to R1 General Residential and B2 Local Centre, remove minimum lot size provisions and introduce a urban release area for land on River Road and Old Narrandera Road, Gobbagomalin.

The recommendation is to proceed with a planning proposal and request a Gateway Determination from NSW Department of Planning, Industry and Environment.

Recommendation

That Council:

a support planning proposal LEP20/0002 to amend the Wagga Wagga Local Environmental Plan 2010 land zoning, minimum lot size and urban release area

b submit the planning proposal to the NSW Department of Planning, Industry and Environment for Gateway Determination

c note an amendment to the Wagga Wagga Development Control Plan 2010 is required and subject to (a) above:

i. request the applicant submit an application to amend the Wagga Wagga Development Control Plan 2010

ii. prepare the amendment to the Wagga Wagga Development Control Plan 2010 to be exhibited alongside the planning proposal

d receive a further report after the public exhibition period addressing any submissions made in respect of the planning proposal

Application details

Submitted planning proposal:	Council is in receipt of a planning proposal (LEP20/0002) to rezone land at 9 River Road and 17 River Road, Gobbagombalin from RU1 Primary Production to R1 General Residential and B2 Local Centre, remove minimum lot size provisions for the rezoned areas and introduce an urban release area.
Applicant:	Salvestro Planning
Land Owners:	Refer to confidential attachment

Proposal

Council is in receipt of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 (WWLEP) to:

1. Rezone land from RU1 Primary Production to R1 General Residential

2. Remove minimum lot size provisions

3. Introduce Urban Release Area

4. Incorporate provisions for a neighbourhood centre B2 Local Centre

The purpose of the planning proposal is to provide an additional urban release area within the city to accommodate growth. The area is a direct extension of the existing northern growth area of Estella, Boorooma and Gobbagombalin. The site is currently zoned and used for agricultural purposes.

The proposal area is approximately 60 hectares and will create an opportunity for up to 750 additional residential lots supported by recreation and commercial opportunities.

The proposed changes will be achieved by amending the land zoning, minimum lot size and urban release area maps to reflect the outcomes shown in figure 1.

Figure 1 – Indicative Master Plan

The aim of the planning proposal is to create an additional residential area immediately south of the existing northern suburbs supported by a local centre providing daily conveniences.

Site and Locality

The site is located south of Old Narrandera Road and is a direct extension of the existing northern growth areas. The site is a logical southern extension of the northern growth area with access to infrastructure. The site’s location is shown in Figure 2.

Figure 2 – Site location

Key Considerations

The planning proposal has been assessed against Council’s strategies, policies and guidelines, the NSW Department of Planning, Infrastructure and Environment’s Guideline for preparing planning proposals and the Ministerial Directions. The key considerations are identified below:

1. Council’s vision or strategic intent:

The subject land is identified within Council’s endorsed Wagga Wagga Spatial Plan 2013 – 2043. The site will contribute to land supply within an area that has existing capacity and connections for services. The plan identifies the city develops around 360 residential lots per year and had a potential supply of 5,400 lots at the time of developing the Spatial Plan. These figures indicate supply will have depleted to a 9-year supply in 2020.

Development of this site will potentially contribute an additional 2 years of housing supply with 750 lots proposed. In conjunction with other existing and proposed development across the City, this site will help meet the ongoing demand and growth of the City.

2. Character analysis:

The area is currently zoned and used for agricultural purposes. The land is located immediately south of the existing northern growth areas and is a logical extension for urban development. The area is located within proximity to the proposed Active Travel Plan and has access and views of the Gobba Lagoon and Murrumbidgee River.

This site is a unique location with high amenity within proximity to the Murrumbidgee River. The site will enable additional opportunities for public access to the river with a recreation space proposed on the river front.

3. Infrastructure:

The subject land is in proximity to existing services with opportunities to connect to existing infrastructure and in some instances, upgrades are required.

As a new urban release area, as part of development, the land owner/developer will be responsible for extending and upgrading infrastructure to enable development to occur.

An internal infrastructure report has been prepared to inform site-specific DCP controls to address site specific requirements such as stormwater management and embellishment and treatment of creek corridor (attachment 10). A planning repose has been provided within the infrastructure report.

There is a transmission gas pipeline located within a 16-metre wide easement that dissects the area proposed to be rezoned. The easement is managed by APA with specific requirements set for the easement. The zoning and treatment of this easement is a key consideration for the ongoing safety and maintenance of the pipe and corridor. It is proposed to zone this corridor SP1 Infrastructure in consultation with APA. Site-specific development controls and a Plan of Management will provide the mechanism for identifying specific APA requirements.

Outside of the pipe corridor is a 450m buffer where sensitive uses will be restricted. Sensitive uses include child care centres and aged care facilities. These restrictions will be included within site-specific controls in the DCP.

The zoning of the Gas pipeline corridor will be amended prior to sending to for gateway determination.

4. Biodiversity / Creek Corridor:

As the subject land is partially flood prone, only part of the land is being proposed for urban development. The residue land to the south that is an established lagoon and the residue land to the west containing a natural creek corridor present an opportunity for land to be established as a ‘stewardship site’ under the Biodiversity Conservation Act.

Stewardship sites can be either public or privately owned and can benefit the community by enhancing and providing improved biodiversity within the local area.

The creek corridor will become stormwater infrastructure and will be required to be in public ownership for maintenance and access. This corridor is recommended to also act as a passive open space corridor to provide separation between residential and the remaining rural land and to ensure frontage of residential development to this space.

5. Local centre:

The proposal intends to rezone land on the river front for commercial purposes. The proposed B2 Local Centre zone is intended to provide a range of retail, business, entertainment and community uses that serve the needs of people who live, work in and visit the local area.

A local centre with river frontage provides a unique opportunity to create a destination point on the River that connects to recreation opportunities. A local centre in this location will provide daily conveniences for the local community without detracting from the CBD and proposed commercial centres in Estella.

6. Voluntary Planning Agreement:

A separate process is occurring to discuss opportunities to enter into a voluntary planning agreement with landowners. This could involve dedication of open space or other public benefits. The process/outcome will be reported to Council separately.

Conclusion

In view of the matters considered, the proposal is found to be reasonable and in the public interest.

The proposal is supported for the following reasons:

§ The planning proposal will provide additional residential opportunities that will contribute to land supply.

§ It complies with the provisions of Council’s endorsed strategy.

§ It meets the relevant S9.1 Ministerial Directions.

Financial Implications

The application was lodged during the 2019/20 financial year and attracted an application fee of $40,000 in accordance with Council’s Fees and Charges Policy.

A voluntary planning agreement is currently being considered.

It is anticipated that the LEP and DCP amendments will result in new development on the subject land in the future. This has financial implications for Wagga Wagga City Council.

The contribution and development servicing plans will apply to any future development on the land.

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

The planning proposal has been assessed and it is recommended it be submitted to NSW Department of planning, Industry and Environment for Gateway Determination. If issued, the determination will require public and agency consultation. Consultation may highlight issues not evident during the assessment.

Internal / External Consultation

Formal public consultation with agencies, adjoining landowners and the general public will occur if Gateway Determination is received.

An engagement plan for the planning proposal is attached to this report (attachment 11).

Proposed consultation methods are indicated in the table below:

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 ⇩.	Planning proposal application
2.	Urban Design Report - Provided under separate cover
3.	Indicative Master Plan - Provided under separate cover
4.	Service Feasibility Report - Provided under separate cover
5.	Riverine Flood Assessment - Provided under separate cover
6.	Preliminary Site Investigation - Provided under separate cover
7 .	Ecological Constraints Analysis - Provided under separate cover
8 .	Preliminary Aboriginal Heritage Review - Provided under separate cover
9 ⇩.	Assessment Report - Provided under separate cover
10 ⇩.	Infrastructure Assessment Report - Provided under separate cover
11 ⇩.	Engagement Plan - Provided under separate cover
12 .	Land owners 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

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-3

RP-3 LEP19/0010 - Silverwood, Birch, Mitchell and Brunskill roads, Lake Albert - Amendment to minumum lot size provisions of the Wagga Wagga Local Environmental Plan 2010

Author: Crystal Atkinson

Director: Michael Keys

Summary:

Council is in receipt of a planning proposal to amend the minimum lot size provisions of the Wagga Wagga Local Environmental Plan 2010 for land bound by Silverwood, Birch, Mitchell and Brunskill roads, Lake Albert.

The recommendation is to proceed with a planning proposal and request a Gateway Determination from NSW Department of Planning, Industry and Environment.

Recommendation

That Council:

a support planning proposal LEP19/0010 to amend the Wagga Wagga Local Environmental Plan 2010

b prepare an addendum and submit the planning proposal to the NSW Department of Planning, Industry and Environment for Gateway Determination

c note an amendment to the Wagga Wagga Development Control Plan 2010 is required and subject to (a) above:

i. request the applicant submit an application to amend the Wagga Wagga Development Control Plan 2010

ii. prepare the amendment to the Wagga Wagga Development Control Plan 2010 to be exhibited alongside the planning proposal

d receive a further report after the public exhibition period addressing any submissions made in respect of the planning proposal

Application details

Submitted planning proposal:

Council is in receipt of a planning proposal (LEP19/0010) to rezone land at Lake Albert, a site bound by Silverwood Rd, Brunskill Rd, Birch Rd and Mitchell Rd.(illustrated figure 1).

Applicant:

Salvestro Planning

Land Owners:

Refer to confidential cover

Proposal Overview

Council is in receipt of an application to amend the Wagga Wagga Local Environmental Plan 2010 (LEP) to reduce the minimum lot size provisions for lots bounded by Brunskill, Mitchell, Silverwood and Birch Roads from 2ha to a combination of lots sizes including 0.15ha, 0.2ha, 0.3ha and 0.4ha.

The area is an existing large lot residential area on south-eastern fringe of the city.

The planning proposal proposes to amend the minimum lot size map to reflect the range shown below:

Figure 1Minimum Lot Size Changes

The aim of the proposal is to increase residential density in an existing large lot residential area whilst respecting the existing character and adjoining land uses. The proposed amendment to the WWLEP2010 will result in an additional 150 residential allotments.

Site and Locality

The site is a large lot residential bound by Silverwood, Mitchell, Brunskill and Birch Roads in Lake Albert, which is approximately 47ha. It is approximately 2km east of Lake Albert, 7km south east of the CBD and 6km west of the airport (illustrated in Figure 2).

The existing character is defined by rural residential allotments that are 5 -20 hectares. To the north of the site is the lawn cemetery. The block is slightly undulating, predominately cleared and is suitable for a more intensive residential built environment.

Figure 2 Site Context

Key Considerations

A detailed assessment report has been prepared, which is attached to this report. Our infrastructure experts have reviewed the proposal in detail and are comfortable that infrastructure issues can be addressed as part of the development application process. Council will incorporate key principles within a future site specific Development Control Plan.

Below is a summary of key items that Council has worked with the proponent to address as part of the planning proposal. The proposal has considered the local character and incorporates water sensitive urban design principles that address stormwater and provide recreational opportunities.

1. Minimum lot size methodology:

The area is characterised by large residential lots with surrounding lots ranging from 2-hectares to 8-hectares or more.

The planning proposal will be supported by site-specific development controls that intend to retain the rural character with larger lots, large setbacks, open style fencing, extensive tree cover, vegetation and wide road corridors.

The range of minimum lot sizes proposed will retain the character of the area and minimise land use conflicts with adjoining land uses.

2. Retention of vegetation:

The planning proposal is proposing lot sizes of 0.2ha or greater in areas where there is existing vegetation. The Wagga Wagga Local Environmental Plan 2010 requires vegetation retention for rural residential minimum lot size areas of 0.2ha or greater. The proposed minimum lot sizes will promote the retention of vegetation.

3. Infrastructure capacity and provision:

The planning proposal has provided an ‘Existing Infrastructure Report’ including assessment of stormwater, sewer, roads, water, gas, electricity and communication. Where capacity is limited, solutions have been provided.

Acceptable solutions are provided to address both stormwater and sewer. An internal infrastructure report has been prepared identifying the specific infrastructure requirements including swale drains and locations, sewer public station location and if any upgrades are required by the development. These specific requirements will be included as part of any site-specific development controls and will replace the standards of the Engineering Guidelines. They will also provide the basis for an addendum to Council’s DSP where required.

4. Traffic assessment required:

The planning proposal has provided a summary of the existing road network and has indicated that the increase in traffic volumes and loads generated by the proposed development has not been calculated.

The planning proposal indicates that a traffic assessment will need to be carried out by a qualified traffic consultant. This can be completed at DA stage and network upgrades completed as part of development. Based on the type of development and existing network capacity, it is anticipated any changes required can be facilitated.

The internal traffic assessment has indicated the need for the internal road layout to be redesigned and existing traffic network to be upgraded subject to a detailed traffic report.

5. Contamination:

A preliminary site investigation provided with the planning proposal indicates contamination on site from stockpiling of building waste with potential asbestos. This would be required to be addressed prior to the completion of the development. A plan would be developed as part of the development application process, which would provide conditions that need to be met. The land is suitable for intensified residential development, subject to the aforementioned being remediated.

Conclusion

In view of the matters considered, the proposal is found to be reasonable and in the public interest.

The proposal is supported for the following reasons:

§ The planning proposal will provide additional residential opportunities that will contribute to land supply.

§ It complies with the provisions of Council’s endorsed strategy.

§ It meets the relevant S9.1 Ministerial Directions.

Financial Implications

The application was lodged during the 2019/20 financial year and attracted an application fee of $40,000 in accordance with Council’s Fees and Charges Policy.

Council’s contributions plans will apply to any future development application on the land.

It is anticipated that the LEP and DCP amendments will result in new development on the subject land in the future. This has financial implications for Wagga Wagga City Council.

The contribution and development servicing plans will apply to any future development on the land.

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

Internal / External Consultation

Formal public consultation with agencies, adjoining landowners and the general public will occur if Gateway Determination is received.

An engagement plan for the planning proposal is attached to this report.

Proposed consultation methods are indicated in the table below:

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 ⇩.	Planning Proposal Application
2.	Urban Design Report - Provided under separate cover
3.	Site Survey Plans - Provided under separate cover
4.	Existing Infrastructure Report - Provided under separate cover
5.	Preliminary Site Investigation - Provided under separate cover
6.	Clearance Certificate - Provided under separate cover
7.	Cultural Heritage Assessment - Provided under separate cover
8 ⇩.	Assessment Report - Provided under separate cover
9 ⇩.	Infrastructure Assessment - Provided under separate cover
10 ⇩.	Engagement Plan - Provided under separate cover
11 .	Land owners 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

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-4

RP-4 DA18/0388.01 - REQUEST TO WAIVE SECTION 7.12 INFRASTRUCUTRE CONTRIBUTIONS - 1103 OURA ROAD EUANOREENYA NSW 2650

Author: Belinda Maclure

Director: Michael Keys

Summary:

Belisi Wellbeing and Equestrian Centre requests Council’s consideration to waive Section 7.12 infrastructure contributions associated with DA18/0388.01.

The request is based on the financial impacts of the COVID-19 pandemic.

Recommendation

That Council does not waive Section 7.12 infrastructure contributions associated with DA18/0388.01 at Lot2DP625977, 1103 Oura Road, Euanoreenya.

Report

The development of Lot2 DP625977, 1103 Oura Road, Euanoreenya includes an upgrade of an existing animal boarding house and training establishment to include a covered area with viewing areas and amenities. The current Development Consent is DA18/0388.01. The total cost of development is $425,000 over two stages and in accordance with Council’s policy the Section 7.12 infrastructure contribution is calculated at 1% of the estimated cost of development (where the cost is above $200,000). The Section 7.12 infrastructure contribution is $4,250 and provided in Condition 2 of Development Consent No. 18/0388.1 shown below.

Notice of Determination

Development Application No. DA18/0388.1

Prior to release of Construction Certificate:

2. Pursuant to s7.12 of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, a levy must be paid to Council prior to the issuing of a Construction Certificate for each stage of development, unless, before the time due for payment, the applicant and the Council enter into a legally binding agreement for the applicant to provide works-in-kind or any other material public benefit(s) to the Council in part or full satisfaction of the levy. The amount(s) to be paid are as follows:

Stage 1 - $3000

Stage 2 - $1250

This amount is to be adjusted in accordance with clause 25J(4) of the Environmental Planning and Assessment Regulation 2000 and clause 11 of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006. A copy of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006, is available for inspection at Council Chambers, corner Baylis and Morrow Streets, Wagga Wagga.

NOTE 1: Clause 11 of the City of Wagga Wagga Section 94A Levy Contributions Plan 2006 provides for Section 94 contributions to be indexed in accordance with the Consumer Price Index - All Groups (Sydney) published by the Australian Bureau of Statistics.

NOTE 2: The figures outlined in this consent are based on the applicable rate of CPI at the time of the modified consent which is 115.9/95.6 (December 2019). Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent.

Belisi Wellness and Equestrian Centre, in a letter to Council dated 27 April 2020, requested Council waive the Section 7.12 infrastructure contributions for the upgrade of the animal boarding house (Attachment 2). The basis for this request is the financial hardship being experienced as a result of the global Covid 19 pandemic.

Section 2.1.1 of the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 provides guidance for Council when considering requests to waive contributions. It states Council can consider requests to vary Section 7.12 contributions. Requests should provide the grounds on which a variation is reasonable, details showing the rate applied is unreasonable and calculations showing how any proposed amount fairly reflects the increase in demand for infrastructure included in the Plan. It clearly states requests for reductions based solely on any perceived broader community benefit of the development will not be considered.

It is acknowledged, the Covid 19 pandemic is affecting economic confidence and capacity across the broader economy. Council recently endorsed a package of initiatives aimed at providing support and relief to the broader community in response to Covid 19. Infrastructure contributions are one of the elements in this package.

The Covid Relief package included the following elements related to infrastructure contributions:

1. Defer contributions for development valued at more than $10 million or subdivision creating 5 or more lots for 12 months secured by an unconditional bank guarantee

2. Waive section 64 sewer infrastructure contributions for development involving a change of use in the CBD

3. Section 64 contributions being applied and conditioned at construction of commercial and industrial buildings only.

These initiatives are a variation to the existing Council policies and therefore are required to be placed on public exhibition and will be further considered by Council, following exhibition. This request would only relate to element 1 and is below the thresholds proposed by Council. The development does not involve Section 64 contributions and hence elements 2 and 3 do not apply.

It is Council’s practice to review each request to waive infrastructure contributions on a case by case basis having consideration to the individual circumstances of each case and the associated reserve predicted balance at the time.

Council Officers appreciate that granting this request would provide impetus to support this business, however as detailed in the Financial Implications we are unlikely to achieve the income required within our 7.12 reserve to service debt for works already funded.

If Council resolves to waive the Section 7.12 infrastructure contributions, the applicant should be required to apply for and obtain a modification to Development Consent DA18/0388.01, so the Consent Conditions are consistent with any resolution on this matter.

Financial Implications

This proposal has financial implications for the Section 7.12 Reserve. The audited Reserve balance is negative $100K as reported in the Wagga Wagga City Council Annual Financial Statements for the year ended 30 June 2019. The proposed estimated closing balance of the Reserve for 30 June 2020 (which is yet to be finalised) is forecasting a deficit of approximately $450K, based on the reduction of income received in 2019/20.

The Long Term Financial Plan 2021 – 2030 shows the Section 7.12 Reserve to have a predicted negative balance until 2026/27. Once the 2019/20 financial statements are finalised, this deficit balance could continue for the 10 years of the Long Term Financial Plan.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Local Government Act 1993

Wagga Wagga Local Infrastructure Contributions Plan 2019 - 2034

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

Should Council waive fees there is a risk that a precedent could be set, which may lead to financial shortcomings and inability for Council to pay for citywide infrastructure projects.

Internal / External Consultation

Consultation has been undertaken with Councils Finance Section.

Attachments

1 ⇩.

Belisi- Request Letter - 2020

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-6

RP-6 Proposed New Fees and Charges for 2020/21

Author: Zachary Wilson

Director: Natalie Te Pohe

Summary:

This report proposes to add a number of new sportsground lighting fees for 2020/21 following the installation of new lighting systems that have recently been completed.

Recommendation

That Council:

a note that there were no public submissions received during the exhibition period

b adopt the following new fees and charges for inclusion in the 2020/21 Fees and Charges document:

Item Number	Fee and Charge Description	Pricing Policy ID	2020/21 Fee (exclusive of GST)	GST	2020/21 Fee (inclusive of GST)	Basis
NEW	Equex Netball – Station 1	C	$10.18	$1.02	$11.20	Hour
NEW	Equex Netball – Station 2	C	$11.00	$0.00	$12.10	Hour
NEW	Equex Netball – Station 3	C	$8.55	$0.85	$9.40	Hour
NEW	Equex Netball – Station 4	C	$15.27	$1.53	$16.80	Hour
NEW	French Fields - Diamond 1 - 75 lux	C	$6.91	$0.69	$7.60	Hour
NEW	French Fields - Diamond 1 - 300 Lux	C	$14.82	$1.48	$16.30	Hour
NEW	Harris Park - 30 Lux	C	$6.82	$0.68	$7.50	Hour
NEW	Harris Park - 200 Lux	C	$17.00	$1.70	$18.70	Hour
NEW	Rawlings Park 2 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 2 - 200 Lux	C	$12.91	$1.29	$14.20	Hour
NEW	Rawlings Park 3 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 3 - 200 Lux	C	$12.91	$1.29	$14.20	Hour
NEW	Rawlings Park 4 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 4 - 200 Lux	C	$12.91	$1.29	$14.20	Hour

Report

Council, at its meeting of 29 June 2020, resolved:

That Council:

a place the following new fees and charges on public exhibition for a period of 28 days from 30 June 2020 to 28 July 2020:

*Item Number*	*Fee and Charge Description*	*Pricing Policy ID*	*2020/21 Fee (exclusive of GST)*	*GST*	*2020/21 Fee (inclusive of GST)*	*Basis*
NEW	Equex Netball – Station 1	C	$10.18	$1.02	$11.20	Hour
NEW	Equex Netball – Station 2	C	$11.00	$0.00	$12.10	Hour
NEW	Equex Netball – Station 3	C	$8.55	$0.85	$9.40	Hour
NEW	Equex Netball – Station 4	C	$15.27	$1.53	$16.80	Hour
NEW	French Fields - Diamond 1 - 75 lux	C	$6.91	$0.69	$7.60	Hour
NEW	French Fields - Diamond 1 - 300 Lux	C	$14.82	$1.48	$16.30	Hour
NEW	Harris Park - 30 Lux	C	$6.82	$0.68	$7.50	Hour
NEW	Harris Park - 200 Lux	C	$17.00	$1.70	$18.70	Hour
NEW	Rawlings Park 2 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 2 - 200 Lux	C	$12.91	$1.29	$14.20	Hour
NEW	Rawlings Park 3 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 3 - 200 Lux	C	$12.91	$1.29	$14.20	Hour
NEW	Rawlings Park 4 - 100 Lux	C	$9.09	$0.91	$10.00	Hour
NEW	Rawlings Park 4 - 200 Lux	C	$12.91	$1.29	$14.20	Hour

b invite public submissions on the proposed new fees and charges until 28 July 2020

c receives a further report following the public exhibition period:

i addressing any submission made in respect of the proposed new fees

ii proposing adoption of the new fees and charges unless there are any recommended amendments that will require a further public exhibition period

These proposed new fees and charges were placed on public exhibition from 30 June 2020 until 28 July 2020 and Council invited public submissions during this period.

No public submissions were received on the proposed new fees.

As the initial report indicated, the lighting fees comprise a maintenance component and an electricity usage component, which will be reviewed annually. It is recommended that the new fees and charges be adopted and included in the 2020/21 Fees and Charges document.

Financial Implications

These sportsground lighting fees have been factored into Council’s annual operating income budget.

Policy and Legislation

Local Government Act 1993

Chapter 15, Part 10, Division 1:

· Section 608 Council fees for services

Chapter 15, Part 10, Division 2:

· Section 610B Fees to be determined in accordance with pricing methodologies

Chapter 15, Part 10, Division 3:

· Section 610D How does a council determine the amount of a fee for service?

· Section 610F Public notice of fees

Local Government (General) Regulation 2005

Regulation 201 Annual statement of council’s revenue policy

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 charging of these fees will assist in recouping the lighting costs, therefore reducing the impact on Council’s financial position.

Internal / External Consultation

The proposed new fees and charges were publicly exhibited through Council News and on Council’s website, seeking public submissions. Council staff also notified the relevant clubs who are users of these lighting areas.

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-7

RP-7 LIVESTOCK MARKETING CENTRE 2020/21 FEE AMENDMENT

Author: Carolyn Rodney

Director: Natalie Te Pohe

Summary:

This report proposes to amend a fee for 2020/21 for the Livestock Marketing Centre.

Recommendation

That Council:

a place the following amended fee on public exhibition for a period of 28 days from 11 August 2020 to 9 September 2020:

Item

Number

Fee and Charge Description

Pricing Policy ID

2020/21 Fee

(Ex GST)

GST

2020/21 Fee (Incl GST)

Basis

0172

Cattle buyer delivery fee

$2.23

$0.22

$2.45

Each

b invite public submissions on the proposed amended fee until 9 September 2020

c receives a further report following the public exhibition period:

i addressing any submission made in respect of the proposed amended fee

ii proposing adoption of the amended fee unless there are any recommended amendments that will require a further public exhibition period

Report

During July 2020, Council staff identified that the Cattle buyer delivery fee had not been amended in Council’s 2020/21 Fees and Charges to reflect the proposed fee for the financial year. The current Cattle buyer delivery fee stands at $2.40, which was the fee for the 2019/20 financial year, however Council’s Livestock Marketing Centre (LMC) staff have advised that the fee should be $2.45.

Council’s LMC staff have advised that notification went out to buyers in June 2020 on the fee to increase to $2.45, however there was no advice received to modify the Fees and Charges document also.

It is now recommended for this fee to be placed on public exhibition for a period of 28 days, from 11 August 2020 to 9 September 2020, to allow for public submissions to be received.

Following the public exhibition period, a further report will be provided addressing any submissions received.

Financial Implications

The income to be received by the Livestock Marketing Centre at the $2.45 fee rate has already been factored into the LMC’s 2020/21 budget. The difference between the $2.40 and a $2.45 buyer delivery fee equates to approximately $500 per month ($4,500 for the remainder of the 2020/21 financial year) if adopted at the 28 September 2020 Council meeting.

Policy and Legislation

Local Government Act 1993

Chapter 15, Part 10, Division 1:

· Section 608 Council fees for services

Chapter 15, Part 10, Division 2:

· Section 610B Fees to be determined in accordance with pricing methodologies

Chapter 15, Part 10, Division 3:

· Section 610D How does a council determine the amount of a fee for service?

· Section 610F Public notice of fees

Local Government (General) Regulation 2005

Regulation 201 Annual statement of Council’s Revenue Policy.

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 income received for this fee assists in funding the operational costs at the Livestock Marketing Centre.

Internal / External Consultation

The proposed amended fee will be publicly exhibited through Council News and on Councils website, seeking public submissions. Council staff will be notifying the relevant buyers of the revised fee for 2020/21.

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

Report submitted to the Ordinary Meeting of Council on Monday 10 August 2020

RP-8

RP-8 RESPONSE TO NOTICE OF MOTION - POPULARLY ELECTED MAYOR

Author: Nicole Johnson

General Manager: Peter Thompson

Summary:

This report is in response to NOM-3 from the Council Meeting of 13 July 2020 and outlines the options and corresponding processes and cost implications for the election of a mayor.

Recommendation

That Council receive and note the report.

Report

Various sections of the Local Government Act 1993 (the Act) and Local Government Regulations 2005 (the Regulations) clearly specify the methods available to councils for the election of the Mayor.

Council currently elects a mayor by election of the councillors, every two (2) years. If that process were to change to be by the election of the electors, it would mean Council would first need to hold a constitutional referendum in which voters are asked whether they want a popularly elected mayor. The most efficient timing to conduct such a referendum is in conjunction with the local government elections. If such a constitutional referendum were to be held at the next local government elections and if the majority of voters supported such a change, then the position of Mayor would be elected by the public starting from the 2024 local government elections.

The relevant sections of The Act state (inter alia):

16 What matters must be dealt with at a constitutional referendum?

A council may not do any of the following unless approval to do so has been given at a constitutional referendum

(a) divide its area into wards or abolish all wards in its area,

(b) change the basis on which the mayor attains office (that is, by election by the councillors or by election by the electors)

227 Who elects the mayor?

The mayor of an area is the person elected to the office of mayor by

(a) the councillors from among their number, unless there is a decision in force under this Division which provides for the election of the mayor by the electors, or

(b) the electors, if such a decision is in force.

Note.

As to the election of the mayor, see also section 282.

228 How is it decided that the mayor be elected by the electors?

(1) It may be decided at a constitutional referendum that the mayor be elected by the electors.

(2) A decision that the mayor be elected by the electors takes effect in relation to the next ordinary election after the decision is made.

230 For what period is a mayor elected?

(1) A mayor elected by the councillors holds the office of mayor for 2 years, subject to this Act.

(2) A mayor elected by the electors holds the office of mayor for 4 years, subject to this Act.

(3) The office of mayor

(a) commences on the day the person elected to the office is declared to be so elected, and

(b) becomes vacant when the person’s successor is declared to be elected to the office, or on the occurrence of a casual vacancy in the office.

282 Election of mayor

(1) The mayor of an area who is to be elected by the electors is to be elected by an electorate comprising all the electors for the area, even if the area is divided into wards.

(2) The mayor of an area who is to be elected by the councillors for the area is to be elected by the councillors from among their number.

(3) A mayor elected for an area is one of the councillors of the council for the area.

283 Double candidature

(1) A person may be a candidate for election as mayor and a candidate for election as a councillor at the same time.

(2) If a person is elected by the electors as mayor and the person is also a candidate for election as a councillor, the votes cast for the person as a councillor are not to be counted for that person but are to be distributed as prescribed by the regulations (s352)

Section 352 of The Regulations states:

352 Double candidature: candidate elected as mayor

(1) If, in any election, one or more of the candidates for election as councillor for a ward in an area (or for an area) are also candidates for election as mayor of the area, the counting of votes in the election of the mayor is to be completed, and the result obtained, before any distribution of preferences in the election of councillors.

(2) Then the count in the election of councillors is to continue, treating the person who has already been elected as mayor as not being a candidate for election as councillor.

(3) Each preference indicated on ballot-papers in the election of councillors for the person elected as mayor is disregarded and any subsequent preferences are treated as if the numbers representing them had been reduced by one.

Cost of a Constitutional Referendum

The NSW Electoral Commission (NSWEC) has advised that running a Constitutional Referendum in conjunction with the Local Government elections in September 2021 would add approximately 10% to the cost of the elections.

Advice from the NSWEC is that this is the most cost-effective way of conducting a referendum.

Financial Implications

The NSW Electoral Commission has advised a Constitutional Referendum held in conjunction with the Local Government elections in 2021 would increase the cost of the elections by approximately $47,000.

If the result of any referendum was to move to a popularly-elected mayor then further advice received is that the cost would be approximately $47,000 every four years (i.e. similar to the cost of a Referendum). This is because mayoral elections require the management of a separate set of nominations and a separate set of ballot papers and separate counts at each polling place and returning office, and then a separate distribution of preferences process.

Policy and Legislation

Local Government Act 1993

Local Government Regulations 2005

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

Outcome: Everyone in our community feels they have been heard and understood

Risk Management Issues for Council

N/A

Internal / External Consultation

NSW Electoral Commission in relation to estimated costs.

Application Number	LEP19/0010
Applicant	Salvestro Planning
Property Details	Lot 3 DP 241596, 10 Brunskill Road, Lake Albert Lot 2 DP 241596, 8 Brunskill Road, Lake Albert Lot 1 DP 241596, 6 Brunskill Road, Lake Albert Lot 18 DP 242227, 4 Brunskill Road, Lake Albert Lot 17 DP 242227, 2 Brunskill Road, Lake Albert Lot 1 DP 239050, 222 Mitchell Road, Lake Albert Lot 2 DP 239050, 232 Mitchell Road, Lake Albert Lot 3 DP 239050, 240 Michell Road, Lake Albert Lot 4 DP 239050, 244 Mitchell Road, Lake Albert Lot 5 DP 239050, 252 Mitchell Road, Lake Albert Lot 6 DP 239050, 262 Mitchell Road, Lake Albert Lot 7 DP 239050, 274 Mitchell Road, Lake Albert Lot 8 DP 239050, 1A Silverwood Road, Lake Albert Lot 16 DP 242227, 1 Silverwood Road, Lake Albert Lot 15 DP 242227, 3 Silverwood Road, Lake Albert Lot 17 DP 242904, 7 Birch Road, Lake Albert Lot 18 DP 242904, 5 Birch Road, Lake Albert Lot 19 DP 242904, 3 Birch Road, Lake Albert Lot 20 DP 242904, 1 Birch Road, Lake Albert
Proposal Summary	Amend the Wagga Wagga Local Environmental Plan minimum lot size from 2 hectares to a combination of 1,500m², 2,000m², 3,000m² and 4,000m².
Planning Assessment Officer	Crystal Atkinson, Senior Strategic Planner
Infrastructure Assessment Officer

1 ⇩.	Location Map - proposed acquistion area
2 ⇩.	Survey Plan - DP 12060671

1 ⇩.	Crime Prevention Working Group Minutes - 20 July 2020
2.	Wagga Wagga Pedestrian Walkway Report - Provided under separate cover