Agenda of Ordinary Meeting of Council

Report submitted to the Ordinary Meeting of Council on Monday 8 March 2021

RP-1

Reports from Staff

RP-1 Draft Planning Proposal (LEP20/0008) to amend Wagga Wagga Local Environmental Plan 2010 to include Artisan Food and Drink Industry within certain rural and commercial zones

Author: Crystal Atkinson

Director: Michael Keys

Summary:

Council is in receipt of a planning proposal to include artisan food and drink industries as an additional permitted use within Schedule 1 of the Wagga Wagga Local Environmental Plan 2010 as it relates to 611 Sturt Highway, Borambola.

Following a review of the proposal and the strategic merit and wider economic and tourism benefits that would result from such activities, an addendum to the planning proposal has been prepared that seeks to include artisan food and drink industries as a permitted land use within the following rural and commercial zones across Wagga Wagga:

- RU1, RU2, RU4

- B3, B4

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

Recommendation

The Council:

a support planning proposal LEP20/0008 to amend the Wagga Wagga Local Environmental Plan 2010 by including artisan food and drink industries as a permitted land use within certain rural and commercial zones.

b submit the planning proposal and addendum to the NSW Department of Planning, Industry and Environment seeking a Gateway Determination.

c subject to endorsement of the Planning Proposal, undertake public exhibition and consultation with a further report to be prepared after the public exhibition period addressing any submissions made in respect of the planning proposal.

d consider the need for controls in the Wagga Wagga Development Control Plan 2010 and prepare draft controls for exhibition alongside the planning proposal.

Planning Proposal Details

Submitted Proposal:	Planning Proposal LEP20/0008 seeks to include artisan food and drink industries as an additional permitted use within Schedule 1 of the Wagga Wagga Local Environmental Plan 2010 as it relates to 611 Sturt Highway, Borambola.
Applicant:	Monette O’Leary
Landowners:	Monette and Noel O’Leary and John Jelly.

Proposal

Council is in receipt of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 (WWLEP) to include artisan food and drink industries as an additional permitted use within Schedule 1 of the WWLEP as it relates to the subject land.

The purpose of the planning proposal is to allow the landowners to build a small café and retail outlet on-site, which will support the existing and proposed future agricultural operations of the property and allow for the direct sale of goods and products produced on-site (‘farm gate’).

Site and Locality

The site is located approximately 41 kilometres east of Wagga Wagga on the Sturt Highway. The site’s location is shown in Figure 1.

Figure 1 – Site location

The site is currently zoned RU1 Primary Production and used for agricultural and rural dwelling purposes. Tarcutta Creek runs along the eastern boundary, the Sturt Highway forms the northern boundary and rural land is located along the southern and western boundaries of the site.

An aerial image of the site is shown in Figure 2.

Figure 2 – Aerial image of site

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. Planning Policy Context:

NSW Department of Planning Circular PS 18-008 provides directions to Council’s on amendments to retail land use definitions in the NSW planning system. As part of this circular, ‘artisan food and drink industries’ were introduced to provide clarity for the growing artisan and craft food and drink industry.

The purpose of the amendment was in response to:

Boutique, craft or artisan food and drink products are increasingly popular among consumers who want an alternative to mass-manufactured offerings. Craft and locally produced goods command a price premium and support industries such as tourism and hospitality and provide local employment

The new land use term will provide clarity for the growing artisan and craft food and drink industry such as microbreweries or cheese makers by establishing a new definition that reflects the nature of these uses.

Examples of artisan food and drink premises include wineries (cellar doors), breweries (such as the Thirsty Crow in Wagga Wagga), cheese makers, berry farms or the like.

Artisan food and drink industry is defined in the WWLEP as:

artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—

(a) a retail area for the sale of the products,

(b) a restaurant or cafe,

(c) facilities for holding tastings, tours or workshops.

Note—

See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.

Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.

Clause 5.4 (10) – Controls relating to miscellaneous permissible uses – Artisan food and drink industry exclusion in the WWLEP specifies the following controls:

(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

(a) 30% of the gross floor area of the industry, or

(b) 400 square metres,

whichever is the lesser.

2. Council’s vision or strategic intent:

The Wagga Wagga Spatial Plan 2013-2043 identifies the need to ensure rural communities remain strong and viable and continue to make their invaluable contribution to the character of our area.

Allowing ‘artisan food and drink industry’ in the rural areas where farm produce can be sold on site will facilitate farm diversification and value-add to the farming uses on the site.

The Wagga Wagga Community Strategic Plan 2040 includes the outcome ‘We attract and support local business and industry’. Allowing artisan food and drink industries in certain rural and commercial zones will support start up local businesses that will manufacture and sell local produce on site.

The recently adopted Wagga Wagga Local Strategic Planning Statement – Planning for the future: Wagga Wagga 2040 identifies the objective of “supporting key industries across the city is imperative to ensure Wagga Wagga continues to grow and attract new business, services and investment’.

Similarly, Economic Action No. 8 seeks to ‘provide for more diverse industries, including renewable energy, emerging and creative industries and the development of new small business ventures’.

By allowing the use of certain rural and commercial lands as an artisan food and drink industry will help support new and emerging industries.

The proposal is consistent with Council’s vision and strategic intent.

3. Addendum to Planning Proposal:

Artisan food and drink industries were not a defined land use term at the time WWLEP was gazetted in 2010.

Consequently, artisan food and drink industries are currently prohibited within a range of land use zones across Wagga Wagga except for the RU5 Village,
B6 Business Park, IN1 General Industrial and IN2 Light Industrial zones where they are permitted with consent either under the higher order definition of ‘light industry’ or as ‘any other development not specified in item 2 or 4’ being development that is permitted without consent or is prohibited.

For land outside of these zones, artisan food and drink industries are prohibited.

Following a review of the subject planning proposal and the strategic merit and wider economic and tourism benefits that would result from such an activity, an addendum to the planning proposal has been prepared that seeks to include artisan food and drink industries as a permitted land use within a range of different zones across the City.

Specifically, the amended planning proposal seeks to allow artisan food and drink industries within the following rural and commercial zones:

· RU1 Primary Production Zone;

· RU2 Rural Landscape Zone;

· RU4 Primary Production Small Lots Zone;

· B3 Commercial Core Zone;

· B4 Mixed Use Zone;

Whilst it is acknowledged that some artisan food and drink industries have the potential to generate noise or odours during the manufacturing process, it should be noted that the definition of artisan food and drink industries only applies ‘…to an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash dust, waste water, water products, grit or oil, otherwise…’

Consequently, the inclusion of artisan food and drink industries within a wider range of rural and commercial zones is not expected to adversely affect the amenity of adjoining landowners and will be subject to future development application/s.

As a result of the proposed addendum, there is now no need to include the subject land within Schedule 1 of the LEP as an additional permitted use as this use will become permitted with consent in the RU1 Primary Production Zone, which will achieve the same objective.

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 support and encourage a wide range of small-scale light industrial and commercial uses that will support economic growth and tourism.

§ It complies with the provisions of Council’s endorsed strategic plans and policies.

§ It meets the relevant Section 9.1 Ministerial Directions.

Financial Implications

The application was lodged during the 2019/20 financial year and attracted an application fee of $16,000 in accordance with Council’s Fees and Charges Policy. The proponent has paid this fee.

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 and the public will occur if Gateway Determination is received.

An engagement plan for the planning proposal is attached to this report (attachment 4).

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 and Application
2 ⇩.	Assessment Report

Report submitted to the Ordinary Meeting of Council on Monday 8 March 2021

RP-1

Planning Proposal Assessment Report

APPLICATION DETAILS

Application No:	LEP20/0008
Applicant:	Monette O’Leary
Proposal Summary:	List ‘artisan food and drink industry as an additional permitted use for 611 Sturt Highway, Borambola.
Land Owner	John Jelly, Monette & Noel O’Leary
Assessment Officer:	Crystal Atkinson, Senior Strategic Planner

SITE AND LOCATION

The site is located approximately 41km east of Wagga Wagga on the Sturt Highway. Tarcutta Creek runs along the eastern boundary, Sturt Highway on the northern boundary and rural land on the southern and western boundary.

The site and surrounding areas are rural in nature.

Subject Land:	611 Sturt Highway, Borambola
Current LEP Provisions:	Land zoning: RU1 Primary Production Minimum lot size: 200 hectares
Current DCP Provisions	Section 8 – Rural Development
Existing Character:	The site is a rural property which is used for broadacre grazing and rural dwelling purposes.

PROPOSAL

Council is in receipt of an application to amend the Wagga Wagga Local Environmental Plan 2010 (LEP) to include ‘artisan food and drink industry as an additional permitted use in Schedule 1 for 611 Sturt Highway, Borambola.

The proposal will create an opportunity for a premise to be located on the site that can sell products made on the farm.

The proponent’s description of the proposal, supporting information and conceptual development plans are provided under a separate cover (Attachment 1).

ASSESSMENT

1. Council’s Vision or Strategic Intent

The Wagga Wagga Spatial Plan 2013-2043 identifies the need to ensure rural communities remain strong and viable and continue to make their invaluable contribution to the character of our area.

Allowing ‘artisan food and drink industry in the rural areas where farm produce can be sold on site will facilitate farm diversification and value-add to the farming uses on the site.

The Wagga Wagga Community Strategic Plan 2040 includes the outcome ‘We attract and support local business and industry’. Allowing ‘artisan food and drink industry on this site will support the start up of a local business that will manufacture and sell local produce on site.

The draft Wagga Wagga Local Strategic Planning Statement – Planning for the future: Wagga Wagga 2040 identifies the objective of “supporting key industries across the city is imperative to ensure Wagga Wagga continues to grow and attract new business, services and investment’.

Similarly, Economic Action No. 8 seeks to ‘provide for more diverse industries, including renewable energy, emerging and creative industries and the development of new small business ventures’.

By allowing the use of the site as an artisan food and drink industry will help support new and emerging industries.

The proposal is consistent with Council’s vision and strategic intent.

2. Character analysis

The purpose of the amendment was in response to:

Examples of artisan food and drink premises include wineries (cellar doors), breweries (such as the Thirsty Crow in Wagga Wagga), cheese makers, berry farms or the like.

An artisan food and drink industry are defined in the Wagga Wagga LEP as:

(a) a retail area for the sale of the products,

(b) a restaurant or cafe,

(c) facilities for holding tastings, tours or workshops.

Note—

See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.

Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.

Clause 5.4 (10) – Controls relating to miscellaneous permissible uses – Artisan food and drink industry exclusion in the Wagga Wagga LEP specifies the following controls:

(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

(a) 30% of the gross floor area of the industry, or

(b) 400 square metres,

whichever is the lesser.

This type of use in a rural setting with the controls identified above will enable the manufacturing of farm produce for sale and be complimentary to the rural character of the area.

3. Infrastructure

The subject land is rural zoned and is connected to a range of infrastructure and services on site including rural drainage, water supply, as well as the disposal of effluent via on-site disposal (septic), which are already connected to the existing rural dwelling contained on-site. Road access to the property is via the sealed Sturt Highway to the north.

The inclusion of artisan food and drink industries within Schedule 1 of the LEP as an additional permitted use and the subsequent development of this land for this purpose is not expected to adversely affect existing service arrangements. The development will not require an extension or augmentation to Council’s infrastructure and specific details regarding infrastructure and servicing will be addressed as part of any subsequent development application submitted for the site.

4. LEP Provisions

The subject land is currently zoned RU1 Primary Production with a minimum lot size of 200 hectares. Development for the purposes of light industries, which includes the definition of an artisan food and drink premises is prohibited in this zone.

The planning proposal seeks approval to include artisan food and drink industries as an additional permitted use in Schedule 1 of the LEP as it relates to 611 Sturt Highway, Borambola. In doing so, this will allow this use to be conducted on site despite the rural zoning of the property.

5. Development Control Plan

The Wagga Wagga Development Control Plan contains both general and specific controls relating to development in the rural zones.

Given the nature of the proposal, a separate amendment to the DCP is not required in this instance.

3. Addendum to Planning Proposal

It is noted that artisan food and drink industries were not a defined land use term at the time the LEP was gazetted in 2010.

Consequently, artisan food and drink industries are currently prohibited within a range of land use zones across Wagga Wagga except for the RU5 Village, B6 Enterprise Corridor, IN1 General Industrial and IN2 Light Industrial zones where artisan food and drink industries are permitted with consent either under the higher order definition of ‘light industry’ or as ‘any other development not specified in item 2 or 4’ being development that is permitted without consent or is prohibited.

For land outside of these zones, including the RU1 Primary Production Zone, artisan food and drink premises are prohibited.

Specifically, the amended planning proposal seeks to allow artisan food and drink industries within the following zones:

§ RU1 Primary Production Zone;

§ RU2 Rural Landscape Zone;

§ RU4 Primary Production Small Lots Zone;

§ B3 Commercial Core Zone;

§ B4 Mixed Use Zone;

Whilst it is acknowledged that some artisan food and drink premises have the potential to generate noise or odours during the manufacturing process, it should be noted that the definition of artisan food and drink industries only applies ‘…to an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash dust, waste water, water products, grit or oil, otherwise…’

Consequently, the inclusion of artisan food and drink premises within a wider range of rural and commercial zones is not expected to adversely affect the amenity of adjoining landowners and will be subject to future development application/s.

COMPLIANCE TEST

The following matters pursuant to the provisions of Section 3.33 of the Environmental Planning and Assessment Act 1979 and the Department of Planning, Industry and Environment’s Guide to Preparing Planning Proposal, have been taken into consideration in the assessment of the proposal.

Riverina Murray Regional Plan 2036
Direction	Compliance
Protect the region’s diverse and productive agricultural land	The site is located within the RU1 Primary Production zone and the planning proposal seeks to include artisan food and drink industries as permitted with consent within certain rural zones. The proposal is consistent with this direction as the inclusion of artisan food and drink industries will support the agricultural base of Wagga Wagga and will increase the range of supportive or complementary activities that are permitted in these zones.
Promote the growth of the agribusiness sector	This direction outlines the importance of agribusiness as it sustains the local economies of many communities in the region. It comprises businesses that support agricultural production and can include food, beverage, and other product outlets. The proposal is consistent with this direction and specifically achieves the outcomes of Action 2.1, which seeks to ‘encourage agribusiness diversification by reviewing local plans and removing restrictive land use zonings and outdated land use definitions’.
Promote business activities in industrial and commercial areas.	The amended planning proposal seeks to permit artisan food and drink industries within the B3 Commercial Core. The proposal is consistent with this direction as it will support existing businesses by allowing for the establishment of new and emerging businesses such as boutique retailing outlets that manufacture goods on-site. This in turn will encourage economic development, jobs creation and tourism.
Promote tourism opportunities	The proposal is consistent with this direction as it will encourage and support tourism industries by promoting a wider range of commercial and light industrial uses across the city. The proposal will strengthen the role of existing commercial centers, support the agricultural base and will achieve economic development and growth.
Promote the growth of regional cities and local towns	The proposal is consistent with this direction as it will increase the range and type of commercial and light industrial uses that are permitted across the city.
Wagga Wagga Community Strategic Plan
Direction	Compliance
We attract and support local businesses and industry	The proposal is consistent with this outcome/direction as it will support existing and proposed businesses by increasing the range and type of commercial and light industrial uses permitted within Wagga Wagga.
We foster entrepreneurs and start-ups	The proposal is consistent with this outcome as it caters for a growing demand and trend for boutique industries and service related businesses such as cellar doors, microbreweries etc.
We are a tourist destination	The proposal is consistent with this outcome as it will support tourism and economic development by promoting and encouraging artisan food and drink premises within a wider range of zones across the city.
Wagga Wagga Spatial Plan 2013 -2043
Direction	Compliance
We plan for a growing community	The proposal is consistent with this objective as it will increase the range and type of light industrial and commercial land uses permitted within Wagga Wagga.
There is growing business investment in our community	The proposal is consistent with this objective as it will support new and emerging businesses through more flexible planning controls.
Draft Wagga Wagga Local Strategic Planning Statements
Direction	Compliance
Engage with the business community to ensure that our LEP, DCP and approvals systems are enabling the right types of land uses in the right locations to support investment, business and employment growth	The proposal has been prepared in response to changing and emerging business trends, which will support a wider range of new businesses and industries. The planning proposal will be publicly exhibited and comments will be sought from the general public and business community.
Provide for more diverse industries, including renewable energy, emerging and creative industries and the development of new small business ventures.	The proposal directly responds to this direction as it provides for a diverse and emerging range of new industries including small business ventures.
Section 9.1 Ministerial Directions
Direction	Compliance
1.1 Business & Industrial Zones	The planning proposal is consistent with this direction as it does not reduce the amount of business or industrial zoned land and will support and promote employment growth within designated zones industrial and commercial zones.
1.2 Rural Zones	The planning proposal is consistent with this direction as it does not reduce the amount of rural zoned land. Similarly, the proposal will not increase the permissible density of land within a rural zone and will support the agricultural supply chain (where necessary) through ancillary and complementary land use activities.
1.5 Rural Lands	The planning proposal is consistent with this direction for the reasons outlined in response to Direction 1.2.
5.10 Implementation of Regional Plans	The planning proposal is consistent with the recommendations and actions of the Murray Regional Plan 2036 as outlined earlier in this table.
State Environmental Planning Policies
Policy	Compliance
State Environmental Planning Policy No. 33 – Hazardous and Offensive Industry	The planning proposal is consistent with this SEPP as artisan food and drink industries are a light industry and would therefore no likely be considered a hazardous or offensive industry within the meaning of this SEPP.
State Environmental Planning Policy No. 55 – Remediation of Land	SEPP No. 55 aims to identify lands where potential contamination requires that land to be remediated prior to being developed, used, or zoned in a certain way. Prior to any use or development occurring subject to a development application, land will need to be assessed against clause 7 of the SEPP. The Planning Proposal is consistent with and not in contravention of this SEPP.

Internal / External Consultation

Internal: Due to the nature of the amendment, the planning proposal was not forwarded to other internal cross-directorates for comment.

Community consultation: Community consultation will be undertaken as required by the Gateway Determination.

FINANCIAL IMPLICATIONS

In accordance with Council’s 2019/20 Fees and Charges, a Medium LEP Amendment application (medium complexity) attracts an application fee of $16,000. The proponent has paid this fee. There are no requirements to amend the DCP, therefore, there are no such fees required to be paid in this instance.

CONCLUSION

The submitted planning proposal seeks to amend the Wagga Wagga Local Environmental Plan 2010 by including Artisan Food and Drink Industries as an additional permitted use within Schedule 1 of the LEP as it relates to 611 Sturt Highway, Borambola.

More specifically, the amended planning proposal seeks to allow artisan food and drink industries within the following zones:

§ RU1 Primary Production Zone;

§ RU2 Rural Landscape Zone;

§ RU4 Primary Production Small Lots Zone;

§ B3 Commercial Core Zone;

§ B4 Mixed Use Zone;

This is in addition to the RU5 Village, B6 Enterprise Corridor, IN1 General Industrial and IN2 Light Industrial zones where artisan food and drink industries are already permitted with consent either under the higher order definition of ‘Light Industry’ or as ‘any other development not specified in item 2 or 4’ being development that is permitted without consent or is prohibited.

Consequently, there is no need to include the subject land within Schedule 1 of the Wagga Wagga Local Environmental Plan 2010 as this use will become permitted with consent in the RU1 Primary Production Zone.

The amendment is consistent Council’s strategic plans and policies as well as relevant Section 9.1 Ministerial Directions and SEPPs.

It is recommended that Council endorse the planning proposal and addendum and forward it to the NSW Department of Planning, Industry and Environment seeking Gateway Determination.

Report submitted to the Ordinary Meeting of Council on Monday 8 March 2021

RP-2

RP-2 Planning Proposal (LEP20/0009) to change land zoning and minimum lot size provisions and introduce an urban release are for Lot 10 DP1181223, 7015 Olympic Highway, Moorong.

Author: Crystal Atkinson

Director: Michael Keys

Summary:

Council is in receipt of a planning proposal (LEP20/0009) to amend the Wagga Wagga Local Environmental Plan 2010 to achieve the following:

§ Change land zoning from RU1 Primary Production to R5 Large Lot Residential and RE1 Public Recreation for for Lot 10 DP1181223, 7015 Olympic Highway, Moorong.

§ Change minimum lot size from 200 hectares to a range of lot sizes for Lot 10 DP1181223, 7015 Olympic Highway, Moorong.

§ Introduce an urban release area classification for the following lots:

- Lot 10 DP1181223, 7015 Olympic Highway, Moorong

- Lot 11 DP1181223, 7007 Olympic Highway, Moorong

- Lot 1 DP802434, 7161 Olympic Highway, Moorong

- Lot 257 DP757249, 7161 Olympic Highway, Moorong

- Lot 2 DP802434, 7161 Olympic Highway, Moorong

- Lot 305 DP757249, 25 Kapooka Road, Moorong

- Lot 7057 DP1029396, 27 Kapooka Road, Moorong

Maps of what is proposed are provided in figures 1, 2, 3 and 4.

The Planning Proposal is not supported, and it is recommended to refuse the application. A fee of $44,000.00 has been paid and the proponent has flagged potential request for a refund if refused.

The proponent has a right to request a review of Council’s decision through NSW Department of Planning, Industry and Environment.

Recommendation

That Council:

a receive and note this report

b refuse the planning proposal as it is not compatible for the intended use and inappropriate for the following reasons:

i the proposal is inconsistent with the following strategic direction and policy guiding documents:

· Riverina Murray Regional Plan 2036

· Wagga Wagga Community Strategic Plan

· Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

ii the proposal is inconsistent with the Section 9.1 Ministerial Directions

iii the proposal will result in undesirable land use conflicts

iv the proposal did not have sufficient information to support the proposed changes

c notify the applicant of the decision to refuse the planning proposal

Application details

Submitted planning proposal:	Council is in receipt of a planning proposal (LEP20/0009) to change land zoning and minimum lot size provisions and introduce an urban release area for land located on the Olympic Highway, Moorong.
Applicant:	Geoff Kidd
Land Owners:	Refer to confidential cover

The Proposal

Council is in receipt of a planning proposal (Attachment 1) to amend the Wagga Wagga Local Environmental Plan 2010 (LEP) to achieve the following:

§ Change land zoning from RU1 Primary Production to R5 Large Lot Residential and RE1 Public Recreation for Lot 10 DP1181223, 7015 Olympic Highway, Moorong.

§ Change minimum lot size from 200 hectares to a range of lot sizes for Lot 10 DP1181223, 7015 Olympic Highway, Moorong.

§ Introduce an urban release area classification for the following lots:

- Lot 10 DP1181223, 7015 Olympic Highway, Moorong

- Lot 11 DP1181223, 7007 Olympic Highway, Moorong

- Lot 1 DP802434, 7161 Olympic Highway, Moorong

- Lot 257 DP757249, 7161 Olympic Highway, Moorong

- Lot 2 DP802434, 7161 Olympic Highway, Moorong

- Lot 305 DP757249, 25 Kapooka Road, Moorong

- Lot 7057 DP1029396, 27 Kapooka Road, Moorong

Maps showing the proposed changes are included below:

Figure 1: Concept Source: Application

Figure 2: Proposed Urban Release Area Source: Application

Figure 3: Proposed Land Zoning Source: Application

Figure 4: Proposed Minimum Lot Size Changes Source: Application

The proponent’s description of the proposal, supporting information and conceptual development plans are provided under a separate cover.

Site and Locality

The subject site is located south-west of the city, between the Olympic Highway and Kapooka Army Barracks. The site is approximately 59 hectares in size. The site has a dwelling and associated farm structures.

The area north of the site is NSW Government land used by NSW Soil Commission. South and west of the site is the Kapooka Army Barracks. East of the site is a smaller farm holding and dwelling and the Olympic Highway with a Transgrid easement running parallel to the northern boundary.

Figure 5: Site and Location Source: Prepared by staff

Pre-Lodgement Advice

There has been a range of information and advice provided to consultants and agents acting on behalf of the owners of the property. This advice has continuously highlighted the sensitivity and risks of future development of the subject land, including direct information that development is not supported.

The following table summarises advice provided since 2018.

Date:	Advice:
19 July 2018 Defence to Salvestro Planning	§ Significant proportions of the Base comprise open training areas and ranges. § Noise from Defence activities can have significant impacts on communities in the vicinity of Defence establishments. § A key priority for Defence is to proactively manage encroachment pressures around its bases to ensure incompatible land uses do not compromise the viability and usefulness of the establishment long term. § Residential encroachment has given rise to community concerns about the impact of Defence activities on amenity and the environment, including noise, explosive ordinance or hazardous material risks, traffic congestion, contamination, dust, and impulse noise vibration. § Defence seeks to minimise off-base impacts of its activities and work with the community along with local and state authorities to ensure that the long term operational viability of Defence facilities are not compromised by inappropriate or incompatible development of nearby land. § Incompatible land use may compromise the viability or usefulness of the establishment long term. § The proposed development will set a precedence for further rezoning of areas surrounding the Base. § The training area and complex at Kapooka is heavily utilises. Defence routinely use live and blank ammunition, explosives and pyrotechnics during training activities. This training regularly continues throughout the night, as there are no restrictions on hours of operation, and creates light, noise, and vibration. Due to the rural location of Kapooka and the low ambient noise and light levels, these impacts are particularly pronounced and would have a significant impact on the amenity of any neighbouring residents adjacent to the training area boundary. § Concerned with the potential impact on security and access to the Base. § Consideration should be given to the impact of dust and odour, both during construction of the subject site, and post-development. § Careful consideration is to be given to ensure that the proposed development does not prejudice existing utility service within this area. § All development will need to ensure that it does not hinder vehicular access to the Olympic Highway for Defence vehicles entering and existing the Base. § The site contains possible unexploded ordinance (UXO) contamination area. The site should be subjected to a UXO contamination assessment. § Defence is opposed to the proposal to establish residential development.
1 March 2018 From WWCC to Salvestro Planning	§ The preliminary review of the proposal indicated a number of inconsistencies with local and regional strategic documents. § There is very little support for residential development on the subject land. § If you lodge a planning proposal and Council refuses the proposal, you have the ability to appeal this decision through a rezoning review with NSW Department of Planning, Industry and Environment.
15 June 2018 From Defence to WWCC	§ Significant proportions of the Base comprise open training areas and ranges. § Noise from Defence activities can have significant impacts on communities in the vicinity of Defence establishments. § A key priority for Defence is to proactively manage encroachment pressures around its bases to ensure incompatible land uses do not compromise the viability and usefulness of the establishment long term. § Defence does not support any increase in residential use / development in close proximity to Kapooka, as such development would be subject to noise and vibration and security issues associated with training activities undertaken at Kapooka. § The training area and complex at Kapooka is heavily utilises. Defence routinely use live and blank ammunition, explosives and pyrotechnics during training activities. This training regularly continues throughout the night, as there are no restrictions on hours of operation, and creates light, noise, and vibration. Due to the rural location of Kapooka and the low ambient noise and light levels, these impacts are particularly pronounced and would have a significant impact on the amenity of any neighbouring residents adjacent to the training area boundary. § The existing residential development at San Isidore resulted in curfews and noise restrictions being imposed on the use of the training range and facilities adjacent to this parcel of land. § Any further development of noise sensitive land uses around the Base will expose Defence to further community complaints. § Concerned with the potential impact of increased residential development on security and access to Kapooka. § Recommend that all Defence related constraints and the issues concerning urban encroachment, the impact of noise and vibration and trespass are fully considered in future land use rezonings near Defence facilities.
9 December 2020 From WWCC to Salvestro Planning	§ Confirmed the lodgement fees cover the application being reported to Council and the Preparation / Processing fees cover the preparation and submission to Gateway and processing thereafter. § For Council to consider a refund of fees paid, a request for refund will need to be submitted including justification for the request to refund fees. § Refunds are assessed on their merits in consideration of the preliminary review, assessment undertaken and justification for refund § It is noted that the proposal has indicated an intention to seek a refund on part of the fee in their application

Date:

Advice:

19 July 2018

Defence to Salvestro Planning

§ Significant proportions of the Base comprise open training areas and ranges.

§ Noise from Defence activities can have significant impacts on communities in the vicinity of Defence establishments.

§ A key priority for Defence is to proactively manage encroachment pressures around its bases to ensure incompatible land uses do not compromise the viability and usefulness of the establishment long term.

§ Residential encroachment has given rise to community concerns about the impact of Defence activities on amenity and the environment, including noise, explosive ordinance or hazardous material risks, traffic congestion, contamination, dust, and impulse noise vibration.

§ Defence seeks to minimise off-base impacts of its activities and work with the community along with local and state authorities to ensure that the long term operational viability of Defence facilities are not compromised by inappropriate or incompatible development of nearby land.

§ Incompatible land use may compromise the viability or usefulness of the establishment long term.

§ The proposed development will set a precedence for further rezoning of areas surrounding the Base.

§ The training area and complex at Kapooka is heavily utilises. Defence routinely use live and blank ammunition, explosives and pyrotechnics during training activities. This training regularly continues throughout the night, as there are no restrictions on hours of operation, and creates light, noise, and vibration. Due to the rural location of Kapooka and the low ambient noise and light levels, these impacts are particularly pronounced and would have a significant impact on the amenity of any neighbouring residents adjacent to the training area boundary.

§ Concerned with the potential impact on security and access to the Base.

§ Consideration should be given to the impact of dust and odour, both during construction of the subject site, and post-development.

§ Careful consideration is to be given to ensure that the proposed development does not prejudice existing utility service within this area.

§ All development will need to ensure that it does not hinder vehicular access to the Olympic Highway for Defence vehicles entering and existing the Base.

§ The site contains possible unexploded ordinance (UXO) contamination area. The site should be subjected to a UXO contamination assessment.

§ Defence is opposed to the proposal to establish residential development.

1 March 2018

From WWCC to Salvestro Planning

§ The preliminary review of the proposal indicated a number of inconsistencies with local and regional strategic documents.

§ There is very little support for residential development on the subject land.

§ If you lodge a planning proposal and Council refuses the proposal, you have the ability to appeal this decision through a rezoning review with NSW Department of Planning, Industry and Environment.

15 June 2018

From Defence to WWCC

§ Significant proportions of the Base comprise open training areas and ranges.

§ Noise from Defence activities can have significant impacts on communities in the vicinity of Defence establishments.

§ Defence does not support any increase in residential use / development in close proximity to Kapooka, as such development would be subject to noise and vibration and security issues associated with training activities undertaken at Kapooka.

§ The existing residential development at San Isidore resulted in curfews and noise restrictions being imposed on the use of the training range and facilities adjacent to this parcel of land.

§ Any further development of noise sensitive land uses around the Base will expose Defence to further community complaints.

§ Concerned with the potential impact of increased residential development on security and access to Kapooka.

§ Recommend that all Defence related constraints and the issues concerning urban encroachment, the impact of noise and vibration and trespass are fully considered in future land use rezonings near Defence facilities.

9 December 2020

From WWCC to Salvestro Planning

§ Confirmed the lodgement fees cover the application being reported to Council and the Preparation / Processing fees cover the preparation and submission to Gateway and processing thereafter.

§ For Council to consider a refund of fees paid, a request for refund will need to be submitted including justification for the request to refund fees.

§ Refunds are assessed on their merits in consideration of the preliminary review, assessment undertaken and justification for refund

§ It is noted that the proposal has indicated an intention to seek a refund on part of the fee in their application

Assessment

The proposal is not supported as it is considered inconsistent for the intended use and inappropriate for the following reasons:

1. The proposal is inconsistent with the following strategic direction and policy guiding documents:

§ Riverina Murray Regional Plan 2036

§ Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

2. The proposal is inconsistent with the Section 9.1 Ministerial Directions

3. The proposal will result in undesirable land use conflicts

4. The proposal did not provide sufficient information to support the proposed changes

A summary of key considerations for refusal from the assessment report are detailed below.

A detailed assessment report is provided with this report for Council’s information and included as Attachment 2.

1. Council’s Vision or Strategic Intent

There is strong commitment through local and regional policy to protect defence establishments from incompatible land uses. Our defence establishments support training and employment growth and it is important to ensure these areas are protected and growth of these areas is supported.

i) Riverina Murray Regional Plan 2036

The Riverina Murray Regional Plan 2036 outlines a vision to promote the growth of regional cities and local centres and identifies the significance of defence within the cities. The key action from the Regional Plan identified:

‘Protect strategic defence establishments in Albury and Wagga Wagga to encourage compatible adjoining uses’.

ii) Wagga Wagga Spatial Plan 2013-2043

While the Wagga Wagga Spatial Plan 2013-2043 (Spatial Plan) has been replaced with the Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040 (LSPS), it is considered as the application was lodged prior to the LSPS being adopted on 8 February 2021.

The land was not identified as ‘urban potential’ within the Spatial Plan and any land identified as ‘urban potential’ had to demonstrate impacts on the existing road network and be supported by the Sewerage Delivery Servicing Plan.

The application has indicated that there are infrastructure networks and services available to the site, but no detailed investigations have been provided for access to and from the site given its proximity to the Olympic Highway. In addition, no consultation has been undertaken with Transport for NSW or Kapooka on the potential impacts of additional traffic in this location.

The application has provided an infrastructure servicing strategy which identifies three options for sewerage management. On-site effluent, connection to Kapooka sewerage system or connection to Council’s sewerage system.

Subdivision of this scale will need reticulated sewerage rather than relying on on-site effluent management systems. The option to connect to Kapooka sewerage system is unviable as Council do not manage this system. The only option available is to connect to Council’s sewer system. The closest connection point is located at Lloyd. Connection would require augmentation of the sewer infrastructure under the Olympic Highway, Wiradjuri Walking Track and Silverlight Reserve which is Crown Land. This presents numerous challenges in terms efficient infrastructure provision and this has not been addressed in the application.

A key outcome of the Spatial Plan is to ensure a decrease in land use complaints. The application has identified the Kapooka operations are subject to noise restrictions and curfews because of concerns from residents in the San Isidore community. Development of the subject site in this location has the potential to exacerbate these concerns and place further pressures on Kapooka operations. The risk of land use complaints has not been adequately addressed.

iii) Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

At the time the application was lodged, the Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040 (LSPS) was nearing the end of the public consultation phase. Since the application was lodged, the LSPS was adopted on 8 February 2021.

The application has briefly discussed consistencies with the principles of the LSPS with some gaps in the response provided.

Industry Cluster and Activity Areas:

The LSPS identifies the Kapooka Army Recruit Training Centre as a key economic anchor for Wagga Wagga. Kapooka is a major contributor to aggregate economic activity within the city and region. The presence of Australian Defence Force operations within the city creates the potential for synergies and future opportunities with defence related industries in our key enterprise areas.

The Plan identifies the benefits from a natural boundary formed by the ridgeline south-east of the city at Lloyd and Springvale that separates Kapooka from our urban areas of the city. It identifies that growth beyond this ridgeline or onto elevated land west of Lloyd and Springvale will need to ensure land use conflicts and impacts on industry growth are fully considered. The application has not fully considered these impacts or addressed the potential impacts adequately. Whilst larger lots and smaller population is proposed, any development will lead to pressures for further subdivision in the future.

Key messaging for our key industry clusters, such as Kapooka, is to support the economic diversity of these areas and ensure land use planning will protect the productive capacity of these precincts to maximise the benefit the city can gain from the resources, skills and expertise.

Connected and Accessible City:

Connectivity across the city supports an attractive lifestyle through reduced travel time and congestion. In the LSPS the objective is to direct greenfield development to identified growth areas integrated into transport networks and enabling infill development near key locations of the city.

Development in this location is isolated and segregated from the existing urban footprint by a highway and NSW Government operations both north, south, and west. Establishing a community in this location is not desirable as it is not a direct extension of the existing urban footprint.

Sustainable Infrastructure:

The plan relies on integrating principles of environmental and financial sustainability in meeting infrastructure challenges. By identifying growth priority areas, the plan focusses on areas where the most efficient delivery of infrastructure is possible.

Though desirable, large lot residential development complicates service delivery, transport planning and future development patterns and does not result in efficient infrastructure provision.

Consideration of areas not identified for growth:

The LSPS provides opportunities for consideration of areas not identified for growth in the plan and any proposal is to address the principles of the LSPS including service provision, accessibility, and connectivity.

The application has not adequately addressed service provision, accessibility, or connectivity as sewer connection presents significant challenges and the areas is isolated from the existing urban footprint of the city.

2. Contamination

The application has identified that the site contains a possible unexploded ordinance (UXO) contamination area. The recommendation in the application is to undertake a contamination assessment prior to the commencement of any development.

The application indicates there is no evidence of soil contamination on the site.

The Blamey Barrack Comprehensive PFAS Investigation – Detailed Site Investigation undertaken by the Department of Defence has identified the site as having potential Per- and Polyfluoroalkyl Substances (PFAS) contamination of the site.

From PFAS contamination, there are potential risks to human health and the environment. The potential unacceptable risks include:

i) Human health risks to construction and maintenance workers as a result of direct contact with soil or perched water in impacted source zones.

ii) Human health risks to off Base residents as a result of consumption of home grown produce irrigated with impacted surface water from, and near to, Kapooka Creek. Some preliminary precautionary advice has been provided by NSW government agencies to individual properties.

iii) Human health risks for recreational fishers due to consumption of fish and yabbies from Kapooka Creek, Sandy Creek and Murrumbidgee River.

iv) Direct and indirect exposure of ecological receptors to impacted surface water, sediment and soil.

v) Exposure of terrestrial groundwater dependent ecosystems to PFAS impacted groundwater and perched water.

The data obtained from this detailed site investigation will further refine understanding of risk and the management actions available to control potential unacceptable risks. This will be detailed in a Human Health and Ecological Risk Assessment that is yet to be completed.

There is insufficient information with the application to satisfactorily address contamination of the site given potential risks identified.

3. Noise and vibration

The application was accompanied by a Noise Impact Assessment. Based on noise monitoring, the assessment recommends glazed windows and doors on all facades of residential development with minimum glazing ratings and that the doors and windows are to be closed to meet internal noise levels at certain times.

The assessment recommends further noise surveys to determine appropriate noise control recommendations to be implemented on residential development of the site.

The assessment has identified that predicted internal noise levels when windows are open will exceed noise criteria and has shown that when windows are closed the noise criteria is not exceeded.

The recommendation for all windows and doors to meet a minimum glazing rating and to be closed is not a suitable solution to managing potential noise complaints from sensitive receptors. It is also not conducive to encouraging sustainable building design that will make use of passive solar heating and cooling and has the potential to reduce the quality of life for occupants if they are required to keep windows and doors closed.

4. Proximity to Kapooka Army Barracks and potential land use conflicts

The purpose of land zoning is to establish permissible land uses. Zoning prevents the introduction of activities that might interfere with the predominant or major land use in a particular area. This ensures disruptive uses are not impacting the quality of life of sensitive uses and vice versa, sensitive uses are not impacting on the operations of disruptive uses.

The proposal is located on the eastern boundary of Kapooka Army Recruit Training Centre, an active military training facility, including a firing range. The presence of Defence in the city presents significant economic benefits and should be protected from encroaching sensitive uses to ensure ongoing viability of its current and future operations.

The application has identified the Kapooka Village being located closer to the active training areas than the proposal area, however, the Kapooka Village is home to those associated with Kapooka and not the source of concerns or complaints of noise from the training facility.

Correspondence from NSW Government – Department of Defence provided to the applicant in July 2017 has identified the following concerns:

· Urban encroachment pressures

· Impact noise and vibration

· Fire risk

· Trespass

· Dust and odour

· Infrastructure capacity

· Traffic issues

· Heritage of the Kapooka Tragedy site

· Unexploded ordinance

Based on these concerns, Defence has opposed the proposed development of this site.

5. Infrastructure

Stormwater

The extent of Major Overland Flow Flooding is not known as the Wagga Wagga Major Overland Flow Flood Study does not extend to this site.

The application has identified that the land contains soil conservation works and any alteration to overland flow patterns from the proposal will include consideration of any potential impact on soil erosion and drainage pattern of the downstream catchment. This has not addressed the impacts that additional hard stand areas will have on overland flow that flows towards Kapooka and San Isidore.

The infrastructure servicing strategy relies on detention of stormwater with predevelopment flows being maintained with flow towards the north with water crossing the Sturt Highway before discharging to the Murrumbidgee River.

Sewer

Connection would require two sewerage pump stations and 1.8km of pipeline that traverses the Olympic Highway, Wiradjuri Walking Track and Silverlight Reserve which is Crown Land. This presents numerous challenges in terms efficient infrastructure provision and this has not been addressed in the application.

Utilities

A high voltage Transgrid electricity transmission line traverses the northern part of the site approximately 70 metres from the northern boundary. The line has a 45-metre-wide easement and six poles.

A subdivision concept has been provided indicating the easement will sit at the front of 8,000m² lots. Transmission easement has several requirements when developing or subdividing that have not been addressed in the application to determine whether development is suitable.

Traffic

The site would access Kapooka’s Camp Access Road and link directly onto the Olympic Highway. A memorandum prepared by GHD for the application identifies a likelihood of 60 vehicle movements at peak times that may coincide with traffic generation associated with the Kapooka Village. It also indicates that public transport is limited.

The memorandum identifies the need for a traffic impact assessment and intersection analysis. It also highlights the need to consider a reduction of the 100 km/h speed limit but acknowledges the challenges of achieving this as the speed aligns with traffic merging onto the Olympic Highway.

Any traffic assessment is required prior to progressing any rezoning as it is critical in considering whether to support the proposal.

Next Steps

Consistent with Part 3 of the Environmental Planning and Assessment Act 1979, an applicant must be notified as soon as possible if Council refuses a planning proposal. If Council resolves to adopt the recommendation, Council officers will notify the applicant in writing after the Council meeting.

The applicant has the ability to appeal Council’s decision by submitting the planning proposal to the NSW Department of Planning, Environment and Industry through the pre-gateway review process.

Financial Implications

In accordance with Council’s 2020/2021 Fees and Charges, a Major LEP Amendment has a total application fee of $44,000.00. The proponent has paid these fees.

If Council resolves to refuse the planning proposal, the applicant may apply for part of the fees to be refunded. This will be at the discretion of Council.

It should be noted, on numerous occasions, the proponent was advised the proposal was not supported and recommended not to lodge an application. The proponent also enquired on refunds of the fee if the proposal is not supported.

As part of the Planning Proposal, the applicant has provided an offer to enter into a Planning Agreement including:

· Kapooka accident Memorial, Commemoration Park and Open Space

· Extension to Wiradjuri Walking Trail and Active Travel Route to site

· Restrictive Covenant on property sales

As the proposal is not supported, the offer to enter into a Voluntary Planning Agreement is not supported.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

Riverina Murray Regional Plan 2036

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

Council has recently adopted the Wagga Wagga Local Strategic Planning Statement (LSPS) which clearly identifies the significance and importance of the Kapooka Defence base and the need to protect this site from encroachment of potential conflicting land uses. This Planning Proposal and associated land uses would be in conflict with the LSPS outcomes and directives. An approval will result in land-use conflicts with surrounding uses.

Refusal of the application may result in a Pre-Gateway review process where the applicant can appeal Council’s decision. The detailed assessment report supports the recommendation to refuse the planning proposal, and this would be relied on in any appeal.

Internal / External Consultation

A cross-directorate internal referral occurred. Comments have been incorporated within the assessment report.

A Councillor workshop was undertaken on 1 March 2021.

The proposal was referred to NSW Defence for comments.

No further engagement is proposed as the proposal is not supported.

Attachments

LEP20/0009 - Planning Proposal Application - 7015 Olympic Highway, Moorong - Provided under separate cover

LEP20/0009 - Assessment Report - 7015 Olympic Highway, Moorong - Provided under separate cover

3 .

Landowner 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 8 March 2021

RP-4

RP-4 OPERATIONAL PERFORMANCE REPORT - 1 July 2020 to 31 December 2020

Author: Scott Gray

General Manager: Peter Thompson

Summary:

This report provides details of Council’s performance against the Combined Delivery Program and Operational Plan 2020/2021 as at December 2020.

Recommendation

That Council receive and note the Operational Performance Report for the period 1 July 2020 to 31 December 2020.

Report

In accordance with the Integrated Planning and Reporting (IPR) framework, Council is required to report its progress against the Delivery Program on a biannual basis.

This report is a summary of Council’s year to date performance for the period 1 July to 31 December 2020 against the activities identified in the Combined Delivery Program and Operational Plan 2020/2021.

As per the adopted structure of the DPOP, reports have been presented by functional area to provide a summary of their relevant actions. Project reports have been provided on a regular basis through the monthly finance report and through the bulletin. A more integrated approach to reporting will be developed as project systems become more mature.

The activities in this report identify the key outputs by service area to be undertaken by Council this financial year. Activities are assigned a status (as per the following table) to identify their level of completion against expected outcomes. Activities scheduled 1 January – 30 June 2021 for instance will be reported on hold/not due for this period. Annual and ongoing activities that are displaying as 50% progress year to date, are on track for completion by 30 June 2021.

Status Key

=	=	=	;	a
Critical	Attention	On track	On hold/not due	Completed
0	21	242	18	23

This is the first reporting period since the implementation of Council’s new reporting system “Pulse”. While there are some initial issues to workout regarding structures and layouts within the system, the system was relatively easy for end users to report through. Work is currently underway to ensure that the layout and activities included in future DPOP’s take into consideration reporting requirements and the value of information being provided to Councillors and the community. Staff are also investigating a more interactive report that would enable viewers to filter information and display by functional area, directorate, CSP thee etc.

Summary of Performance

While there are some areas of concern due to reasons such as COVID-19 and resourcing, progress of the majority of items identified in the DPOP are progressing according to schedule.

Financial Implications

N/A

Policy and Legislation

NSW Local Government Act 1993

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

N/A

Internal / External Consultation

Internal consultation has been undertaken with responsible officers, managers and directors.

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 ⇩.

Performance Report - 1 July - 31 December 2020

Report submitted to the Ordinary Meeting of Council on Monday 8 March 2021

RP-5

RP-5 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 D Tout requested advice, if Council received any correspondence from Equex Centre user groups including Wagga Netball in relation to the expansion of the Equex Centre and pedestrian access around the centre.

No correspondence has been received by Council from Equex Centre user groups including Wagga Netball in relation to the expansion of the Equex Centre and pedestrian access around the centre.

Councillor D Tout requested that Councillors be provided with detailed plan of the Kooringal link of the Active Travel Plan.

A detailed plan has been provided to Councillors via the hub 3 March 2021.

Councillor K Pascoe and V Keenan requested an update on the Botanic Gardens Museum Site Redevelopment project including design and construct and timeframes.

Information was provided to Councillors via the Councillor Bulletin on the 26 February 2021, including the following:

· The Principal Contract for the Museum of the Riverina Redevelopment was executed on 20 December 2020.

· Works under the contract began after the holiday period, with site handover and establishment being completed by the end of January.

· Through February 2021, works have focused on preparation for major construction components of the project. This includes design revision and finalisation, demolition and clearing of the site.

· March 2021is finalised designs and construction details and seek approval for the Construction Certificate. Followed by engagement of sub-contractors to undertake construction of the new beam building. All the new internal walls for the existing building will be constructed in preparation for internal fit-out as well.

· The construction works are on track to be practically completed on 7October 2021 and with the view to have a launch early 2022.

· The project has an approved budget which has not been exceeded. Per the cash flow, it is forecast we will spend $1.5M by the of end 20/21 financial year on progress payment claims and internal council costs.

Councillor K Pascoe requested an update on the Lake Albert Road upgrade including reasons for delay.

Design and the Review of Environmental Factors (REF) have been completed. This upgrade is included in the road contract package, which is currently under legal review. There is an internal meeting scheduled on 15 March 2021 to discuss and progress this package.

Councillor K Pascoe requested Council investigate the condition of the footpath between Best Street and Fox Street on the Northern side of Edward Street.

This issue has been raised with staff as a service request. Council staff investigated the matter and have included in the current work schedule and will be prioritised accordingly.

Councillor K Pascoe and Councillor V Keenan requested Council investigate the condition of the road surface in Fox Street / Little Fox Street.

Council operations staff have inspected the Fox Street intersection with the Sturt Highway, determining the site requires heavy patching. This area contains loops to the traffic lights and will need to be coordinated with Transport NSW as the owner of the traffic light infrastructure. Council operations will coordinate the works over the coming months for completion as soon as possible.

Councillor K Pascoe requested Council investigate the storage of a large quantity of rock on the South Eastern side of the rail line at the Pearson Street overpass and advise of works being undertaken by the ARTC.

Staff have made contact with the contractor on site. The rock is being used to armour and rehabilitate the cut batter in the rail corridor that adjoins the showground to minimise erosion from surface flows out of the showground following storm events. The storm on the night of 5 February 2021, caused significant erosion of this bank and deposition of silt into the drains along the side of the railway track.

Councillor D Hayes requested an update on the upgrade of Gregadoo Road, in particular pedestrian access from Mater Dei to Plumpton Road.

GHD have now completed the 70% detailed design, however a safety in design workshop has identified a number of issues:

· Retaining a T-Intersection has the potential to cause large queue times for right-turning traffic during peak times, which leads to unnecessary risks being taken by drivers looking to shorten their wait time

· Traffic turning right at other points along Gregadoo Road, particularly across turning lanes at Mater Dei Primary, could be redirected with signage if an additional new roundabout is introduced at Plunkett Drive

· A Riverina Water Valve Pit in the road corridor presents as an impact risk, is being discussed with Riverina Water, and will be relocated to sit flush with the road shoulder

· Essential Energy poles will be relocated in line with the TFL design, there is one pole containing a substation that may be difficult to shift, options to provide a guardrail instead are being reviewed.

· The access roads for landholders, particularly those directly to the south of both new intersections, will need to be modified to safely interface with the road

Previously Council had approved slip lanes at Gregadoo and Plumpton Road however a subsequent Councillor Workshop recommended that Gregadoo and Plumpton Road be constructed as a roundabout. The detailed design work has identified additional safety issues that would arise at Plunkett Drive which could be overcome by an additional roundabout at Plunkett Drive. The second roundabout has not been budgeted for at this stage. Therefore, it is proposed to present the findings to another Councillor Workshop for direction. The commencement and finalisation of any acquisition process will be delayed until the outcome of the Workshop is known.

The Mayor, Councillor G Conkey OAM noted the previous Question with Notice from Councillor P Funnell, regarding the installation of lighting at the Old Narrandera / Pine Gully Road intersection. Noting the response and length of time for permanent lighting to be installed. He requested that Council investigate the installation of portable solar lights as a quick and cost effective temporary solution.

Staff have made enquiries with Essential Energy and now need to engage an approved contractor to provide an estimate of costs and feasibility.

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