Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 2 May 2022.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 2 May 2022

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 11 APRIL 2022 2

DECLARATIONS OF INTEREST 3

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - ELECTRIC VEHICLE (EV) PARKING 4

Reports from Staff

RP-1 DRAFT REVISED COMMUNITY STRATEGIC PLAN 2040 6

RP-2 INTEGRATED PLANNING AND REPORTING (IP&R) - DRAFT DOCUMENTS FOR EXHIBITION 14

RP-3 Standard Instrument (Local Environmental Plan) Amendment (Agritourism) Order 2021 19

RP-4 LICENCE AGREEMENT TO SHAW STREET DEMONSTRATION GARDENS INC - 49 SHAW STREET, WAGGA WAGGA 22

RP-5 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE 26

QUESTIONS/BUSINESS WITH NOTICE 30

Confidential Reports

CONF-1 RFT2022-17 GENERAL WASTE CELL & MONOCELL DESIGN CONSTRUCTION LEVEL 1 SUPERVISION & EPA APPROVAL 31

CONF-2 Apointment of Audit, Risk and Improvement Committee Independent External Members 32

PRAYER

Almighty God,

Help protect our Mayor, elected Councillors and staff.

Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony.

Amen.

ACKNOWLEDGEMENT OF COUNTRY

Wagga Wagga City Council acknowledges the traditional custodians of the land, the Wiradjuri people, and pays respect to Elders past, present and future and extends our respect to all First Nations Peoples in Wagga Wagga.

We recognise and respect their cultural heritage, beliefs and continuing connection with the land and rivers. We also recognise the resilience, strength and pride of the Wiradjuri and First Nations communities

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 11 APRIL 2022

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 11 April 2022 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - 11 April 2022

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - ELECTRIC VEHICLE (EV) PARKING

Author: Councillor Georgie Davies

Summary:

Notice of Motion from Councillor Georgie Davies presented to Council in accordance with the Code of Meeting Practice.

Recommendation

That Council receive a report which outlines the costs involved in creating premium parking spots reserved for electric vehicles in Council-owned and leased car parks and high-traffic parking areas. The report should include:

a a map of the proposed electric vehicle only (EV ONLY) parking spaces in premium locations, for example, next to disabled parking, across the city.

b the costs involved in marking-out the spaces.

c consideration into whether these proposed EV ONLY parking spaces will also be able to support charging infrastructure if required in the future.

Report

Council has adopted a corporate net zero emissions target by 2040. Additionally, a target has been set for the Wagga Wagga community to achieve net zero emissions by 2050. Council’s targets are being strongly supported with action on multiple fronts; just one of these measures include electric vehicles. This is in close alignment to the NSW Government’s Net Zero Plan 2020-2030 which is developing a range of initiatives that will start to shape the future of transport in the State.

The NSW Government’s Electric Vehicle Strategy forecasts that EVs are expected to make up 52% of new car sales in 2030-31 and it is the NSW Government’s objective to achieve that uptake and see most new car sales as EVs by 2035.

Wagga Wagga City Council have the opportunity to further support and incentivise the advantages of purchasing an electric vehicle in this region by offering EV owners exclusive parking in sought-after spaces. This initiative could catapult the sales of electric vehicles in our region but also make our region an attractive place for tourists driving electric vehicles to visit.

This report will provide councillors and the community the opportunity to envisage a plan for EV ONLY parking across the city and any associated costs involved in leading regional NSW in supporting the adoption of electric vehicles.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

RP-1

Reports from Staff

RP-1 DRAFT REVISED COMMUNITY STRATEGIC PLAN 2040

Author: Scott Gray

General Manager: Peter Thompson

Summary:

The Community Strategy Plan (CSP) describes the community’s vision and aspirations for a period of ten of or more years. Each newly elected council must review the CSP before 30 June in the year following an ordinary election of council. Council has the option to endorse the existing plan, endorse amendments to the existing plan or develop and endorse a new CSP.

Due to the limited time available following the 2021 Council elections and Council resources, it is proposed to leverage off the already extensive work undertaken over the last five (5) years to make minor changes to the existing plan, rather than reinventing a whole new strategic plan.

Recommendation

That Council:

a place the draft Community Strategic Plan 2040 (CSP) on public exhibition commencing 3 May 2022 and concluding on 4 June 2022

b note it is proposed to leverage off the strategic work undertaken over the last 5 years to make minor changes to the existing plan, rather than reinventing a whole new strategic plan

c note that the development of new CSP will be conducted during this term of Council in consultation with our community and partners

d note that further changes to design will be done during the exhibition period

e receive a further report following the public exhibition and submission period:

i addressing any submissions made

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

Report

The Community Strategic Plan 2040 (CSP) is an aspirational look to the future of Wagga Wagga and its surrounding rural communities. The plan is based on the aspirations, knowledge and values expressed by our community. It reflects our shared community vision for the future, the strategies we’ll undertake to achieve it and the outcomes that will show us we have achieved our goals.

The CSP sits at the highest level of Council’s planning hierarchy and guides all other Council strategies and plans as shown in our planning and reporting framework diagram depicted in Image 1 below.

The attached revised plan aligns with local, regional and state priorities and plans and has been prepared with regard to the social justice principles of access, equity, participation and rights, and addresses social, environmental, economic and governance matters. Preparation for this plan has been informed by changes to Wagga Wagga since the previous ‘Community Strategic Plan 2040 – Wagga View’ was endorsed by Council on behalf of our community in 2017.

The objectives of this plan cover more than an aspirational future expressed by the

community in 2017. Council’s supporting strategies and plans also recognise that some areas within Wagga Wagga have high levels of identified disadvantage. Consideration has been given to ensure Council’s advocacy, strategic planning, reporting and overall program delivery continue to work towards decreasing social and community disadvantage across our local government area, so that the future of Wagga Wagga is a positive one for all residents.

Image 1 – Integrated Planning & Reporting (IP&R) Framework

Diagram

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Review Methodology

As part of the IP&R requirements, each newly elected council must review the CSP before 30 June in the year following an ordinary election of council. The council may endorse the existing plan, endorse amendments to the existing plan or develop and endorse a new CSP, as appropriate to ensure that the area has a CSP covering at least the next 10 years.

Due to the limited time available following the 2021 council elections and Council resources, it was decided to leverage off the already extensive work undertaken over the last 3-4 years throughout the development of Council’s adopted high-level Strategies and Plans, rather than reinventing a whole new strategic plan.

This approach takes into account our community’s involvement throughout 2016 & 2017 to create the existing ‘Community Strategic Plan 2040 – Wagga View’ which was one of the largest community consultations ever undertaken by Council. The process resulted in more than 3000 contributions from individuals and groups across the Wagga Wagga LGA informing the community vision and the development of the strategic themes, objectives, and strategies which will continue through this revised Plan to shape and guide our future growth and development.

An internal working group was established to undertake the review of the current CSP before progressing to the executive, Council and the community. This group included broad representation from all areas across Council to ensure the social, environmental, economic, and governance matters were considered and addressed throughout the review process.

Examples of the documents utilised in conducting the review included the following:

· Community Strategic Plan – 2040 – Wagga View

· Biodiversity Strategy: Maldhangilana 2020-2030

· Cultural Plan – 2020-2030

· Disability Inclusion Action Plan 2017-2021

· Events Strategy & Action Plan

· Integrated Transport Strategy 2040

· Local Strategic Planning Statement 2021

· Recreation, Open Space and Community Strategy 2040

· Reconciliation Action Plan 2021.

Significant community engagement activities were also conducted in developing each of the abovementioned documents.

Vision and Guiding Principles

The vision statement below has been carried over from the previous version.

“In 2040 Wagga will be a thriving, innovative, connected and inclusive community on the Murrumbidgee. Rich in opportunity, choice, learning and environment. Wagga is a place where paths cross and people meet.”

Council had previously undertaken a visioning exercise with the community back in 2011 to assist in creating the vision which informed the CSP at that time. In 2017 it was considered important to “test” this vision again for currency and relevance to the community.

78% of respondents agreed with the existing vision and following community feedback “inclusive” was added to the vision.

The key elements of the vision were transferred into the following guiding principles.

Graphical user interface, text, application

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Strategic Directions

The community have previously identified a number of priorities that are really important to them. These priorities were categorised into the following five strategic directions for the city, which have been retained in this version of the plan.

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Roles and Responsibilities

Council

It is Council’s role to deliver and report against the objectives of the CSP, undertake

resource planning and ensure the community’s big picture ambitions become operational realities. Key to Council’s role is understanding our community’s desired level of service and demand for key facilities and programs. The desired level of service is the balance between the service provided, the level of service the community expect and what the community is prepared to pay for.

Our community’s desired level of service informs key strategies in this plan and actions

within subsequent plans. Council’s role in the delivery of services, programs and projects are outlined in Council’s four-year Delivery Program and annual Operational Plans.

Other Stakeholders

Council takes a lead role in initiating and developing the CSP on behalf of our community, however, responsibility for achieving our long-term goals rests with everyone. Partnerships with other levels of government, along with businesses, industry groups, other organisations, key stakeholders, and our residents will be crucial to achieving our goals.

Many of the issues and concerns facing Wagga Wagga will require concerted and

coordinated actions by State and Federal Government and key stakeholders. This Plan is our opportunity to put strategies in place to manage the elements of growth that Council and our community can influence.

Council is committed to advocating and facilitating change on behalf of the community,

however in some areas delivering on strategies is largely the responsibility of other levels of government. We will use our capacity as a Council to continue to advocate on behalf of our community in the areas of health, education, transport, public housing, and environmental protection for changes in policy and action at relevant levels of government and industry to bring about the best outcomes for our community.

Links to Other Council Plans

Council has already prepared and commenced delivery of several significant community strategies and plans to guide Wagga Wagga’s growth and change. These supporting strategies and plans were created to align with the objectives of the existing CSP and were informed by direct consultation, communication with, and feedback received from our community and key stakeholders. Consideration has been given to ensure this revised plan continues to align with and support the commitments as set out in these strategies and plans as we continue to work towards achieving our Community’s long-term priorities and goals for the future.

Below is an image outlining how the objectives of the CSP flow onto other Council documents such as the Delivery Program and Operational Plan.

The CSP sits at the highest level of Council’s planning hierarchy and guides all other Council strategies and plans.

The Delivery Program picks up these strategies and then links them to the principal activities Council will undertake for the period of the Delivery Program (usually four years). These activities guide the actions (services, programs and projects) that will be undertaken by Council each financial year to bring us closer to our shared community vision and goals as identified in the Community Strategic Plan 2040.

The Operational Plan outlines the actions (services, programs and projects) that Council will undertake each financial year that contribute to achieving the commitments of the Delivery Program and Community Strategic Plan. It identifies the annual budget required to deliver the actions and the responsible service area within Council who will oversee and report on the actions.

Any changes to the CSP identified during the exhibition period will then need to cascade to the other supporting documents.

Financial Implications

There are no financial implications relating to this report. The revised CSP has been developed utilising existing Council resources.

Policy and Legislation

Local Government Act 1993

Local Government (General) Regulation 2021

Integrated Planning and Reporting Guidelines

Integrated Planning and Reporting Handbook

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We plan long term

Internal / External Consultation

Internal consultation was undertaken with relevant departments through an Integrated Planning and Reporting working group to prepare the draft document for exhibition. Councillor workshops were also held with the following in attendance:

21 February 2022

Present: Councillor J McKinnon, Councillor G Davies, Councillor R Foley, Councillor D Hayes, Councillor M Henderson, Councillor R Kendall, Councillor T Koschel, Councillor A Parkins.

4 April 2022

Present: Mayor Councillor D Tout, Councillor J McKinnon, Councillor G Davies, Councillor R Foley, Councillor D Hayes, Councillor M Henderson, Councillor R Kendall, Councillor A Parkins

Council plans to undertake a four week intensive community engagement program if the revised draft CSP is endorsed for public exhibition. As part of the exhibition period a variety of communication methods will be used, to not only promote the public exhibition period but also promote the purpose of the documents.

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

Draft Community Strategic Plan 2040 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

RP-2

RP-2 INTEGRATED PLANNING AND REPORTING (IP&R) - DRAFT DOCUMENTS FOR EXHIBITION

Author: Scott Gray

General Manager: Peter Thompson

Summary:

Council has attached the draft Delivery Program 2022/2026, Operational Plan 2022/23, Fees and Charges 2022/23, Long-Term Financial Plan 2022/23 for public exhibition.

Recommendation

That Council:

a place the following documents on public exhibition for 28 days commencing 3 May 2022 and concluding on 4 June 2022:

i draft Delivery Program 2022/2026 and Operational Plan 2022/23

ii draft Fees and Charges for the financial year 2022/23

iii draft Long-Term Financial Plan 2022/23

b note that the Delivery Program 2022/2026 and Operational Plan 2022/23 have been combined into one document for exhibition purposes to minimise duplication and will be presented as separate documents at the 27 June 2022 Council Meeting

c note that Appendix A – Developer Contributions included in the draft 2022/23 Fees and Charges will be updated during the public exhibition period once the March 2022 CPI figures have been released and staff have updated the 2022/23 charges

d note the Asset Management Strategy and Plans 2022/23 and Workforce Resourcing Strategy 2022/2026 don’t require public exhibition and will be presented at the 27 June 2022 Council Meeting for endorsement

e note that the documents are in draft form and have not been graphic designed

f receive a further report after the public exhibition period:

i addressing any submissions made in respect of the draft documents

ii proposing adoption of the draft documents

Report

Integrated Planning and Reporting Framework

The Integrated Planning and Reporting (IP&R) framework helps Council discuss funding priorities and service levels with our community, including how these shape our local identity and how we can work together to create a more sustainable future.

Under NSW Government legislation, councils must prepare a number of plans detailing how they intend to deliver works and services in the short and long term.

These plans are based on the community’s priorities and present a balanced approach to planning that considers how our resources can be used to deliver community outcomes.

The 2022/23 Integrated Planning and Reporting Resourcing Strategies and Plans have been formulated together with consideration of the Wagga View Community Strategic Plan 2040 (CSP) previously endorsed by Council and the draft proposed for public exhibition in tonight’s business paper.

A key focus of the attached draft documents is for Council to deliver on the Community Strategic Plan 2040 vision; “In 2040 Wagga will be a thriving, innovative, connected and inclusive community on the Murrumbidgee. Rich in opportunity, choice, learning and environment. Wagga is a place where paths cross and people meet”, which is underpinned by the following strategic directions (themes):

· Community leadership and collaboration;

· Safe and healthy community;

· Growing economy;

· Community place and identity; and

· The environment.

The CSP identifies the objectives that the community wants to head towards over the next ten+ years and also sets out the strategies on how to get there. The CSP sits at the highest level of Council’s planning hierarchy and guides all other Council strategies and plans.

Any changes to the draft CSP during the exhibition period will then need to flow onto the Resourcing Strategies and Plans attached to this report.

Image 1 – Integrated Planning & Reporting (IP&R) Framework

Diagram

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Delivery Program 2022/2026 and Operational Plan 2022/23

The Delivery Program (Part 1 of Attachment 1) picks up these strategies and then links them to the principal activities Council will undertake for the period of the Delivery Program (usually four years). These activities guide the actions (services, programs and projects) that will be undertaken by Council each financial year to bring us closer to our shared community vision and goals as identified in the CSP.

The Operational Plan (Part 2 of Attachment 1) outlines the actions (services, programs and projects) that Council will undertake each financial year that contribute to achieving the commitments of the Delivery Program and CSP. It identifies the annual budget (Part 3 of Attachment 1) required to deliver the actions and the responsible service area within Council who will oversee and report on the actions.

Long Term Financial Plan

The Long-Term Financial Plan is an essential element of the resourcing strategy which details how the strategic aspirations of Council outlined in the CSP can be achieved in terms of time, money, assets and people.

Council’s Long-Term Financial Plan is a ten-year financial planning document with an emphasis on long-term financial sustainability. Financial sustainability is one of the key issues facing local government due to several contributing factors including growing demands for community services and facilities, constrained revenue growth and ageing infrastructure.

The Long-Term Financial Plan is formulated by using a number of estimates and assumptions to project the future revenue and expenditure required by Council to deliver those services and projects expected by the community. In doing so, it addresses the resources that impact on the Council’s ability to fund its services and capital works whilst remaining financially sustainable.

Fees and Charges

In accordance with Section 608 of the Local Government Act 1993, a council may charge and recover an approved fee for any service it provides.

The services for which an approved fee may be charged include the following provided under the Local Government Act or any other Act or the regulations, by the council:

· supplying a service, product or commodity

· giving information

· providing a service in connection with the exercise of the council’s regulatory functions-including receiving an application for approval, granting an approval, making an inspection and issuing a certificate

· allowing admission to any building or enclosure.

Financial Implications

The proposed adoption of the suite of Integrated Planning and reporting documents will be reported to Council 27 June 2022 after all submissions have been reviewed and Council officer responses are provided to Council for overall adoption.

The Long-Term Financial Plan once adopted will then inform the 2022/23 budget and ongoing for 10 years.

Policy and Legislation

The documents have been created to meet Council’s Integrated Planning and Reporting requirements under the Local Government Act 1993 and Local Government Regulations 2005.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We plan long term

Risk Management Issues for Council

A number of risk management issues were identified and have been actively managed.

A summary of these risks are as follows:

- Lack of engagement from the community

- Inability to meet everyone’s expectations

- Inability to resource and deliver on plans

Internal / External Consultation

Internal consultation was undertaken with relevant departments to prepare the draft documents for exhibition. Councillor workshops were also held with the following in attendance:

21 February 2022

Present: Councillor J McKinnon, Councillor G Davies, Councillor R Foley, Councillor D Hayes, Councillor M Henderson, Councillor R Kendall, Councillor T Koschel, Councillor A Parkins.

4 April 2022

Present: Mayor Councillor D Tout, Councillor J McKinnon, Councillor G Davies, Councillor R Foley, Councillor D Hayes, Councillor M Henderson, Councillor R Kendall, Councillor A Parkins

The documents will be placed on public exhibition for a 28-day period commencing from 3 May 2022 and concluding on 4 June 2022. As part of the exhibition period a variety of communication methods will be used, to not only promote the public exhibition period but also promote the purpose of the documents.

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media releases

Print advertising

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.	Attachment 1 - Draft Delivery Program 2022/2026 & Operational Plan 2022/23 - Provided under separate cover
2 .	Attachment 2 - Draft 2022/23 Long Term Financial Plan - Provided under separate cover
3 .	Attachment 3 - Draft 2022/23 Fees and Charges - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

RP-3

RP-3 Standard Instrument (Local Environmental Plan) Amendment (Agritourism) Order 2021

Author: Crystal Atkinson

General Manager: Peter Thompson

Summary:

NSW Department of Planning and Environment have proposed amendments to the NSW Standard Instrument (Local Environmental Plan) for agritourism and small-scale agricultural development to support farm businesses and regional economies.

The amendment introduces a range of legislative changes including new optional Local Environmental Plan clauses for farm stay accommodation and farm gate activities.

For the new optional clauses to be implemented in the Wagga Wagga Local Environmental Plan 2010 without Council needing to prepare a planning proposal, the NSW Department of Planning and Environment offered Council’s the ability to submit an expression of interest for NSW Department of Planning and Environment to facilitate the amendment to Council’s Local Environmental Plan.

Recommendation

That Council:

a note the range of amendments proposed for agritourism and small-scale agricultural development

b endorse the implementation of the new optional clauses in the Wagga Wagga Local Environmental Plan 2010

Report

NSW Department of Planning and Environment (DPE) released proposed amendments to the NSW Planning System to better enable agritourism and small-scale agricultural development to be approved. The proposed amendments provide improved processes for managing agritourism in rural areas.

Agritourism is a tourism-related experience or product that connects agricultural products, people, or places with visitors on a farm or rural land for enjoyment, education, or to participate in activities and events. Agritourism activities enable farmer to diversity their income from farming businesses while maintaining primary production on the land as the principle use.

The proposed changes are intended to:

§ broaden the types of agritourism activities that can be undertaken and provide approval pathways tailored to the scale and type of activities

§ support farmers during times of hardship or following natural disaster events

§ reduce land use conflict by providing clearer rules and better managing environmental and social impacts, and

§ clarifying current planning controls and expand approval pathways for certain agricultural activities

The proposed amendments will facilitate more agritourism and small-scale agricultural developments whilst balancing the need for individual councils to respond to different environmental and development settings.

The proposed changes include:

§ Farm stay accommodation: amending the existing definition for farm stay accommodation in the Standard Instrument Local Environmental Plan (LEP) Order.

§ New land use terms: introducing new land use terms for farm gate activities and farm events in the Standard Instrument LEP Order. Including the new term in the Standard Instrument LEP Order will automatically introduce the term into all Standard Instrument LEPs.

§ New optional LEP clauses: introducing new optional clauses for farm stay accommodation and farm gate activities that councils can apply where a development application is required.

§ New approval pathways: providing exempt and complying development approval pathways in the Exempt and Complying Development Codes State Environmental Planning Policy (Codes SEPP) for agritourism activities where certain development standards are met.

§ Small-scale processing plants: allowing the establishment of small-scale processing plants as complying development for meat, dairy, and honey where certain development standards are met.

§ Rebuilding of farm infrastructure: allowing the reconstruction of farm buildings and other structures as exempt development following natural disaster, where constructed to the same size and contemporary building standards including the Building Code of Australia and relevant Australian Standards.

§ Stock containment lots: updating and rationalising existing controls for stock containment lots to reflect current practice, and ensuing stock containment areas used temporarily such as during drought, do not impact negatively on surrounding uses.

§ Farm dams: clarify terminology used in the planning system and provide a consistent approval process across the state.

§ Biosecurity: updating development standards for poultry farms and pig farms to align with separation distances required under biosecurity standards.

§ Rural dwelling setbacks: updating controls that allow dwellings on rural lots as complying development to ensure enough separation form adjacent primary production enterprises.

§ Recreational beekeeping: providing exempt development pathway for recreational beekeeping to improve certainty.

As the proposed LEP clauses are optional, they are not automatically updated in each Council’s LEP. Council has taken up the opportunity to put in an expression of interest for these clauses to be implemented in the Wagga Wagga Local Environmental Plan (WWLEP). By putting in an expression of interest, Council saves time and resources required to progress with an individual planning proposal to adopt the optional clause.

Financial Implications

The amendments proposed by NSW Department of Planning and Environment will broaden the types of agritourism activities that can be undertaken with development approval. The additional activities will attract application fees and be subject to contributions under Council’s contribution plans and development servicing plans enabling Council to levy contributions and developer charges based on the likely increased demands that the new development will have on public facilities, sewer, and/or stormwater.

Policy and Legislation

Environmental Planning and Assessment Act 1979

State Environmental Planning Policy (Exempt and Complying development Codes) 2008

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

Increased activity in rural areas can create potential for land use conflicts with productive agricultural land. The proposed changes have been developed to provide clearer rules and better management of environmental and social issues to reduce land use conflicts.

Internal / External Consultation

The proposed changes were discussed internally to determine the value. The changes have been identified with agritourism operators who are looking to take up the opportunity of the proposed changes.

Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

RP-4

RP-4 LICENCE AGREEMENT TO SHAW STREET DEMONSTRATION GARDENS INC - 49 SHAW STREET, WAGGA WAGGA

Author: Matthew Dombrovski

General Manager: Peter Thompson

Summary:

This report relates to the proposed licence of Council owned operational and community land at 49 Shaw Street, Wagga Wagga, to Shaw Street Demonstration Gardens Inc.

Recommendation

That Council:

a authorise the General Manager or their delegate to negotiate entry into a Community Licence Agreement with Shaw Street Demonstration Gardens Inc over land located at Shaw Street, Wagga Wagga (being Lot A DP 357110 and Lot 2 DP229422)

b delegate authority to the General Manager or their delegate to complete and execute any necessary documentation on behalf of Council

c authorise the affixing of Council’s common seal to all documents relating to this matter as required

Report

This report addresses a request from Shaw Street Demonstration Gardens Inc in relation to the Demonstration Gardens located in Shaw Street, Wagga Wagga.

The site consists of two lots:

1. Lot A in Deposited Plan 357110 registered in the name of the Council of the City of Wagga Wagga and having an area of 834.70m. This lot is classified as operational land.

2. Lot 2 in Deposited Plan 229422, registered in the name of the Council of the City of Wagga Wagga, and having an area of 1.02ha. This lot is classified as community land.

The land in question originally served as a brick pit, which was filled in. It has subsequently operated as a Council depot (which has since been relocated), and finally was reclassified as open space.

On 27 August 2001, Council’s Operations Committee resolved to support in principle the establishment of a demonstration garden on its community land on Shaw Street. Council’s internal records, including the historic Plan of Management for the site, confirm a desire from Council to provide a 10 year lease to a community group to establish and maintain the community gardens, however it does not appear as though this has ever formally occurred. The current community gardens are built across the two lots.

In the interests of formalising an arrangement consistent with other community organisations within the LGA, and in order to address potential insurance liability concerns, it is recommended that Council enter into a formal licence with Shaw Street Demonstration Gardens Inc on the following terms:-

i Property – part Lot A DP 357110 and part Lot 2 DP 229422, as outlined in blue on the attached Location Map.

ii Rent - $725 per annum (GST inclusive), reviewed annually in accordance with Council’s fees and Charges.

iii Term – five years.

Internal consultation confirmed that Council staff are supportive of the proposed Licence given the substantial track record of community support and outreach education, and given the proposed tenant is an inclusive & active organisation that contributes to the health and wellbeing, social connection and diversity of both the immediate neighbourhood and the broader Wagga community.

It is also noted that Shaw Street Demonstration Gardens Inc has indicated that they will be seeking support from Council in relation to a proposed expansion of their operations over an additional part of Lot 2 DP 229422. A separate report will be submitted in relation to this matter once a determination has been made in relation to the formalisation of a Licence Agreement.

Financial Implications

In accordance with Leasing & Licensing Policy POL 038, rent and other occupation fees for community tenants are charged as per Council’s adopted Fees and Charges as at the date of commencement of the renewed agreement. The 2021/22 Community Licence Fee is $725 per annum, inclusive of GST. In addition, Council charges a Community Licence Preparation Fee of $240 inclusive of GST for all agreements prepared in house by Council staff.

Policy and Legislation

Local Government Act 1993

Leasing and Licensing Policy POL 038

Link to Strategic Plan

Community Place and Identity

Objective: We have opportunities to connect with others

Outcome: We activate our community spaces to promote connectedness

Risk Management Issues for Council

Council needs to responsibly manage assets including property. The site is a former Council brick pit and depot. Consideration should be given to the suitability of the site for use as a community garden (particularly for the growth of food for human consumption) in light of that former use. However, it is noted that the site has been used for a community garden for over 20 years.

The proposed tenant has utilised the property for over 20 years with the support of Council, and a decision to not proceed with the lease could have negative reputational impacts.

Internal / External Consultation

Internal consultation has been conducted with Council’s Regional Activation, Community, Governance and Operations Directorates.

In accordance with Sections 47 & 47A of the Local Government Act 1993, Council will be required to give public notice of a proposal to lease or licence land classified as community land. If any objecting submissions are received a further report will be submitted to Council for consideration.

Mail

Media

Community Engagement

Digital

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Report submitted to the Ordinary Meeting of Council on Monday 2 May 2022

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 J McKinnon requested advice, if Council has any potential to access grants for a koala sanctuary on a reserve in Wagga Wagga, following the NSW State Government’s announcement to spend $193 million on a range of koala conservation measures including purchasing and restoring key habitat as part of its commitment to double the animals’ numbers in the state by 2050.

The NSW Government has recently released its NSW Koala Strategy - Towards doubling the number of koalas in New South Wales by 2050. The strategy is underpinned by $193.3 million in funding for the first five years.

The majority of the funding is allocated for the conservation of existing high priority koala populations and habitat. There is $9.1 million for up to eight translocation projects to re-establish koalas in unoccupied habitat, to improve koala genetic diversity and increase the viability of koala populations.

The strategy indicates the translocation projects will be considered on a case by-case basis with careful planning and risk assessment. When translocating koalas into unoccupied habitat, it is critical to understand why the habitat is unoccupied and the area’s capacity to support koalas.

Although the Wagga Wagga Local Government Area does not have any known populations of koalas, it does contain a large number of core habitat species that may have the potential to support koalas.

The potential translocation of koalas would be a long term project, with further investigations required to determine the suitability of habitat and requirements to establish a viable koala population.

Councillor M Henderson requested information including costs, if there is the ability to reduce crests along Dunns Road by 2 to 3 meters to improve visibility, as part of the works currently being undertaken on Dunns Road.

The total cost to reduce the crests by 2-3 meters is estimated to be nearly $700,000, almost 10% increase to the overall project costs. Also, by doing this we will have some unintended consequences relating to drainage. However, impossible to predict what these will be.

Councillor M Henderson requested a status update on proposals for the future land use at 1 Nelson Drive, Lake Albert.

Council submitted a draft Lake Albert Plan of management to Crown Lands for approval to place it on public exhibition. This identified possible future uses for land adjacent to Nelson Drive for consideration. Staff have received feedback from Crown Lands on the draft which has requested some changes and additional consideration of land categorisations. It is intended staff will now review these requests and develop a revised draft in consultation with Councillors.

Councillor M Henderson requested advice on if Council would approach Telstra, in relation to the companies call centres returning to Australia, and the possibility of promoting Wagga Wagga as site for one of the call centres as previously located in Wagga Wagga.

Council staff will reach out to Telstra noting the announcement to bring call centres back to Australia occurred over 12 months ago with an implementation timeframe of 18 months. The commitment from Telstra at the time also stated that 100 per cent of the operators returning to call centres in Australia will be able to work from home.

Councillor R Foley requested feedback on traffic management planning to assist and address issues in Mortimer Place surrounding traffic attending the drive through coffee shop.

Council has reviewed the issue of traffic management in this area and is working with the relevant stakeholders to develop and implement some design solutions. The business who’s generated traffic principally triggers these impacts has shown a willingness to work with Council to address the matter.

Further investigation and the implementation of a trial solution are envisaged within the next number of months.

Councillor R Foley has been approached by various members running in the next Federal election, who have requested information on the availability of the Council Meeting Room and facilities to hold a ‘Meet the Candidates’ session including webcasting.

Wagga Wagga City Council’s Council Meeting room at the Civic Centre (and other facilities such as halls and community centres) are all available for hire by third parties with booking information available by contacting customer service. Further information on the facilities available is also available on Council’s website. Council does utilise a livestreaming provider, however the contract is only for Council meetings, and any livestreaming service would need to be separately booked and funded by the particular individual or organisation who is organising the event.

Councillor R Foley requested a computer generated traffic impact report outlining traffic implications and ramifications for level crossings for the inland rail project in particular the level crossing on Bourke Street.

Council has submitted a list of questions to Inland Rail (ARTC project team) to input scheduled increased railway usage to enable modelling of impacts to Wagga’s transport network.

· Number of level road crossings in the proposed rail network within Wagga, number of level crossings with boom gates

· Duration the boom gates would hold traffic when a train is passing (vehicle stop-start duration-queuing analysis)

· Confirmation that the maximum train length will be 1800 meters

· How many trains will pass through the Wagga each day after completion of the Inland Rail?

· How many trains currently pass through the Wagga each day?

· What speed will the trains be travelling through Wagga?

· What speed will the trains be travelling through Uranquinty?

· What is the peak expected noise for the double stacked trains (decibels)? Is this louder or the same as current trains travelling through Wagga?

· What times do you expect trains to pass though Wagga each day once the Inland Rail Project is implemented?

· How many fewer trucks will travel through Wagga as a result of implementation of the Inland Rail Project?

Financial Implications

N/A