Agenda of Ordinary Meeting of Council

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-1

Reports from Staff

RP-1 PLANNING PROPOSAL - LEP19/0008 - COLLINGULLIE VILLAGE EXPANSION - AMENDMENT TO LAND ZONING AND MINIMUM LOT SIZE PROVISIONS OF THE WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 AND WAGGA WAGGA DEVELOPMENT CONTROL PLAN 2010

Author: Crystal Atkinson

General Manager: Peter Thompson

Summary:

At its Ordinary Meeting on 9 November 2020, Council resolved to support planning proposal LEP19/008 and seek a Gateway Determination from the NSW Department of Planning and Environment.

The planning proposal sought to amend land zoning and minimum lot size provisions for land adjoining the edge of the Collingullie village. The exhibited Planning Proposal differed from that requested by the proponent to accommodate an appropriate buffer to the Collingullie wastewater treatment facility.

Council received a Gateway Determination on 20 January 2021 authorising the planning proposal to proceed, subject to preparation of a site investigation process, public exhibition, and consultation with government agencies.

The planning proposal and an associated amendment to the Wagga Wagga Development Control Plan 2010 were placed on public exhibition from 12 March to 16 May 2022 (inclusive). The exhibition period was extended to allow for further submissions following a Village drop-in session on 29 April 2022.

The purpose of this report is to provide feedback on the public consultation and submissions received and recommended changes to the proposed DCP amendment. The report also requests adoption and gazettal of the amendment to the Wagga Wagga Local Environmental Plan 2010 and adoption of the amendment to the Wagga Wagga Development Control Plan 2010, with changes outlined in this report.

Recommendation

That Council:

a note the results of the public exhibition for Planning Proposal LEP19/0008

b adopt planning proposal LEP19/0008 to amend the Wagga Wagga Local Environmental Plan 2010

c gazette the plan and notify landowners and NSW Department of Planning and Environment of the decision

d adopt the amendments to the Wagga Wagga Development Control Plan 2010 with the recommended amendments identified in the report and provide notification of the adoption in the local paper

Application Details

Submitted Proposal:	Council received a planning proposal (LEP19/0008) to rezone land located at 9 Lockhart Road and 84 Bristol Street, Collingullie from RU1 Primary Production to RU5 Village and change the minimum lot size provisions from 200 hectares to no minimum lot size.
Council Revisions:	Council’s assessment of the planning proposal has resulted in a recommendation for an addendum to the planning proposal. This involved the removal of a portion of the land included in the submitted planning proposal and inclusion of other lands under separate ownership at 39 Bristol Street, Collingullie Council determined that the addendum was required to ensure the planning proposal better reflected the intent of the endorsed Wagga Wagga Spatial Plan 2013 and responded to constraints, including the location and capacity of the Collingullie sewage treatment plant.
Applicant:	Mo-lly Holdings
Landowners:	Lot 1 DP 120715 – Bradley Lenord Jenkins Lot 39 DP 754561 – Bradley Lenord Jenkins Lot 5 DP 833514 – Mo-Ily Holdings Lot 71 DP 1066646 – Mo-Ily Holdings Lot 20 DP 843207 – Michael Joseph Wakeling

Proposal

Council is in receipt of a planning proposal affecting Lot 1 DP 120715, Lot 39 DP 754561, Lot 5 DP 833514 and Lot 71 DP 1066646 addressing Lockhart Road and Bristol Street in Collingullie (attachment 1).

The planning proposal seeks the rezoning of the subject lands from RU1 Primary Production to RU5 Village. The proposal also includes the removal of the minimum lot size requirement from the subject lands.

This would permit additional growth of the village of Collingullie, delivered in a manner complementary to the existing types of development in the village. This will allow for population growth, whilst enhancing possibilities for the retention of local village services and commerce and the ongoing vitality of the village community.

The exhibited planning proposal now recommended for final adoption would result in the rezoning and removal of minimum lot size requirements to lands as indicated in the mapping below.

Map

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Diagram

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Development Control Plan

The rezoning of the subject lands as per the addended planning proposal will add a considerable area of land to the spatial extent of Collingullie township. In support of this there needs to be provision for staging and layout of the new areas to ensure orderly development in the growth area.

As a result of the outcomes sought by the planning proposal, a subsequent amendment is proposed to the Wagga Wagga Development Control Plan (DCP) 2010. This will guide the development of the precinct in an appropriate manner, ensuring new development integrates with its surrounds.

The DCP amendment references a comprehensive urban design report (attachment 3), dated June 2021, which was prepared to establish a vision for the expansion of Collingullie having regard to the following matters:

1. Sewer infrastructure, including the location of the existing treatment plant and potential location for a future pump station.

2. Potential lot size mix, noting the desire to complement the subdivision pattern of the existing village.

3. Traffic management and the need to restrict and consolidate access from the Sturt Highway and Lockhart Road.

4. The development transition from the core of the Collingullie township to surrounding agricultural lands and providing effective lot size and design response to this context.

5. The connectivity and presentation of new development areas to and from key locations within Collingullie including the school, commercial establishments and the playing field.

6. Suitability of the subject lands to sustain additional residential development in view of the legacy effects of previous land use, in particular any contamination of the land that may exist, and remediation of these effects as required.

The recommendations of the urban design report were distilled into a “Collingullie Village Structure Plan” shown in the figure below.

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This Structure Plan is to be inserted into the Wagga Wagga DCP as Section 6.1.1. This content was produced prior to public exhibition of the planning proposal and formed part of the exhibited materials alongside the planning proposal.

Recommended Revisions

The following revisions are recommended to be made to the Collingullie DCP Amendment (attachment 2):

§ Update amendment to Section 6 Villages in DCP as follows:

a. Control C6 (relating to minimum frontage for subdivision) – insert text at end of existing control, as follows:

Collingullie (as per designation in Collingullie Village Structure Plan) small lots – 20m, typical lots – 25m and larger lots – 30m.

b. Control C19 – insert text at the end of the exhibited control as follows:

The location and alignment of any new roads, or extension to existing roads, is to be confirmed by a traffic study prepared by an appropriately qualified consultant.

c. Control C20 – insert text at the end of the exhibited control as follows:

The eastern green buffer is to be located within the road verge of a new perimeter road.

A landscape plan which includes proposed planting within the required green buffer is to be provided. Upon maturity, planting should achieve a height and density that provides effective visual screening and mitigation of spray drift.

d. Insert additional controls as follows:

C22 Any development application to subdivide land which adjoins land zoned RU1 Primary Production is to be accompanied by a Land Use Conflict Risk Assessment in accordance with the Department of Primary Industries Land Use Conflict Risk Assessment Guide (October 2011).

Gateway Determination

The NSW Department of Planning and Environment issued a Gateway Determination for the planning proposal on 20 January 2021. A copy of the Gateway Determination is provided as Attachment 4.

Public Exhibition and Agency Consultation

The planning proposal and accompanying exhibition material were placed on public exhibition from 12 March to 16 May (inclusive) and agency referrals were provided to Department of Education, Transport for NSW, and Riverina Water County Council as per Gateway Condition No. 3. See full details under Internal / External Consultation.

During the exhibition period, 16 submissions were received, including two from agencies. A summary of the key issues raised in submissions and a response is provided under Internal / External Consultation section below.

Financial Implications

The planning proposal has originated externally to the organisation. The planning proposal was identified as a medium complexity amendment to the Wagga Wagga Local Environmental Plan 2010 using the grading schema in effect at the time of submission. Council has levied planning proposal fees totalling $15,000, as per Council’s fees and charges at the time of lodgement.

The planning proposal foreshadows additional development on the subject land, particularly residential development enlarging the existing extent of Collingullie village. This has implications for future levies payable to Council.

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

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

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

Policy and Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

The potential contamination of land proposed to be rezoned was identified as a risk prior to seeking a Gateway Determination. Since that time, a detailed site investigation has been undertaken in accordance with the relevant State Environmental Planning Policy. That investigation concluded that the site is suitable for the intended residential land use except for Part Lot 20 DP843207, which can be made suitable for the proposed residential use subject to remediation and/or management of identified isolated surface asbestos containing material (ACM) and a suspected underground storage tank (UST).

The planning proposal process requires consultation and engagement with affected landowners and the wider community. This has been undertaken in accordance with Council’s local provisions, regulations, and the directions from DPE in the Gateway Determination. Community engagement included a site meeting and an extension to the original public exhibition period. This has provided an opportunity for interested and affected residents and community members to make submissions and seek further information on the proposal.

Risks associated with future development of the subject land will be considered during the development assessment process which would be triggered by any application to subdivide the land.

Internal / External Consultation

During the public exhibition period, 16 submissions were received. The submissions are provided as Attachment 5. The public exhibition extended from 12 March to 16 May 2022 (inclusive) with additional time added to the exhibition period at the request of the community to provide adequate time for participation and engagement.

An engagement page was established at https://connect.wagga.nsw.gov.au/collingullie-expansion. The engagement page attracted the following traffic:

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Prior to exhibition, the planning proposal had been the subject of feedback from Council’s environmental section regarding the subject land’s proximity to the sewer treatment plant and listing on Council’s potentially contaminated land register. The advice recommended a precautionary approach to maintaining distance to the sewerage treatment plant, which has been incorporated into the planning proposal and Collingullie Village Structure Plan / DCP amendment.

Since exhibition, feedback was sought from Council’s recreation planning section in relation to the potential for a second AFL oval to be located within the village. This issue is discussed further in the table of responses to submissions below.

Internal advice also reflected the uncertainty regarding the potential for contamination of the subject land noting the previous agricultural use of the land. As outlined above, a detailed site investigation was prepared to address this issue.

A summary of the submissions and Councill Officer response is provided below:

Agency Consultation

Comments on the planning proposal have been received from the following agencies:

Agency and Comments

Council response

Schools Infrastructure NSW

The number of students projected to be generated by the proposal can be accommodated by the surrounding schools

Recommend that the proposal be supported by a transport impact assessment and consideration of the NSW Government’s Movement and Place Framework

Road network design for Collingullie village should consider public transport service delivery including the need for bus-capable roads that facilitate access to local schools.

Noted. Council staff will continue to liaise with Schools Infrastructure NSW to ensure the future growth of the village is supported with adequate community infrastructure.

Future subdivision applications will need to be supported by a traffic impact assessment which considers appropriate public transport access and facilities.

NSW Department of Primary Industries

No objection to proposed expansion of village

Clarity required regarding management of land between expanded village and sewage treatment plant.

Consider extending Green buffer proposed along eastern boundary of expanded village to the southern boundary of the village.

A land use conflict risk assessment (LUCRA) could be undertaken to assess adequacy of proposed buffers to agricultural production activities.

This issue can be further considered in conjunction with future subdivision. The existing 400m buffer is consistent with the NSW Department of Urban Affairs and Planning – Sewerage Systems EIS Guideline which recommends a buffer area of at least 400m.

The buffer on the eastern boundary acknowledges that future subdivision layout will result in lots closer to the adjoining rural land than that of the southern boundary. The proposed lot sizes of 2,500-4,000m² will provide enough land to separate future dwellings from the existing rural land. The DCP controls will be amended to confirm that siting of future dwellings is to ensure adequate distance between the dwelling location and adjoining farmland.

Propose that a LUCRA be required to be prepared to support any future application to subdivide land adjoining land zoned RU1.

Water NSW

Water NSW does not own any land or assets that are likely to be affected by the Proposal.

Nearest asset is the Beavers Creek Weir and lands immediately surrounding the Weir, which are well removed from the subject site.

No comments or particular requirements in relation to the proposal

Comments noted

Transport for NSW (TfNSW)

Council should require contributions toward the funding of upgrades to the intersection of Sturt Highway and MacDonnell, Linton, and Bristol Streets

TfNSW supports vehicular and pedestrian access to the Sturt Highway and Lockhart Road being denied

Any future intersection on The Rock-Collingullie Road should be in accordance with the Austroads Guide to Road Design for the current speed zone and should be designed for the swept path of the largest vehicle.

Comments noted.

Future subdivision applications will need to be supported by a traffic impact assessment which considers appropriate intersection treatments.

During the public exhibition period, 16 submissions were received. A summary of the issues raised and a response to each are provided below.

No.	Submission	Officer Response
1a	Confusion on the lack of buffer zone to their fully functioning cropping and sheep farm. Council and DPI guidelines recommend a buffer zone of up to 350 metres. States that “a small street does not constitute a suitable exclusion zone between two very different land users”.	It is noted that the Department of Primary Industries (DPI) has raised no objection to the proposed expansion of the Collingullie village. The DPI Interim Guideline titled “Buffer Zones to Reduce Land Use Conflict with Agriculture” contains several suggested evaluation distances between agriculture and sensitive receptors. These distances range from 50m for stock grazing to 1000m for indoor pig farms and chicken farms. It is noted that 1,000m² residential lots in Bristol Street already directly adjoin land zoned Primary Production with no buffer. By contrast, the proposed Collingullie Village Structure Plan provides for larger lots, a perimeter road and a green buffer separating existing lots from land zoned for Primary Production. The combination of these features will ensure that new dwellings are set back at least 50m from the proposed zone boundary. It is recommended that a provision be added to the proposed DCP amendment to require that any development application to subdivide land which adjoins land zoned RU1 Primary Production be accompanied by a Land Use Conflict Risk Assessment in accordance with the DPI Land Use Conflict Risk Assessment Guide.
1b	Identifies concern that Council is using an existing tree line that resides on their land as the only form of green buffer. Concern that tree line should not be included in the proposal as the council’s own buffer zone.	Noted. The identified green buffer is proposed to be located within land zoned RU5 Village. It is recommended that the proposed control numbered C20 within the DCP amendment contain the following additional wording: “The green buffer is to be a minimum of 10 metres wide and either incorporated into the road reserve where a new perimeter road is proposed. Any development application to subdivide land zoned RU5 Village which adjoins land zoned RU1 Primary Production must be accompanied by a landscape plan which includes proposed planting within the required green buffer. Upon maturity, planting should achieve a height and density that provides effective visual screening and mitigation of spray drift.
2	“It would be great to have more development and new houses in Collingullie.”	Noted.
3	Water NSW	See comments above under Agency Consultation.
4a	Clarification sought with regard to separation distance requirements between the different land uses. Concern that Dennis’ property is being used as the green buffer.	See responses to submissions 1a and 1b.
4b	Considers that the proposal should provide a greater proportion of smaller (1,000-1,250m2) lots to improve housing affordability.	Noted. The minimum lot size map contained in the Urban Design Report will be included within the DCP with a control that provides consideration of smaller lots where the overall objectives of the structure plan can be met.
5	Schools Infrastructure NSW	See comments above under Agency Consultation.
6	Collingullie Glenfield Park Football Netball Club commends the development and requests that land be set aside within the village expansion for recreation purposes including to facilitate a second AFL oval.	Council’s Recreation, Open Space and Community Strategy contains a benchmark provision of 4ha of open space per 1,000 people. The existing open space provision in Collingullie is equivalent to 20ha of open space per 1,000 people. Hence, even with the village expansion, there is unlikely to be justification for the provision of additional land for public recreation. It is noted that outdoor recreation facilities are permissible with consent in both the RU5 Village Zone and the RU1 Primary Production Zone. Accordingly, it may be possible for the club to purchase or obtain a long-term lease over private land for the purposes of developing an AFL oval.
7	Suggests that additional smaller (1,000m²)lots be included within the village expansion area, in particular to the east of Bristol Street. Suggests that the proposed 8,000m² in the village structure plan could be split into two 4,000m² lots and objectives for tree retention still be achieved.	Smaller lots are not considered appropriate in the eastern part of the village expansion area due to the need to provide an appropriate interface to adjoining agricultural uses. The urban design report highlights the need for the ecological value of the existing trees within the proposed 8,000m² lot to be investigated prior to redevelopment. That assessment may justify the creation of smaller lots.
8	Do not support the proposed lack of a minimum lot size associated with land to be zoned RU5 Village. Do not agree with the inclusion of the Crown Land adjoining MacDonnell Street, some of which is zoned RE1 Public Recreation, within the village structure plan Do not support the proposed east-west road intersecting with MacDonnell Street between Leitch Street and Kennedy Street	No land within the Wagga Wagga LGA zoned RU5 Village currently has a minimum lot size specified in the LEP. Instead, it is Council’s preference to utilise the DCP and associated urban design report to indicate appropriate lot sizes. These provisions, along with the LEP zone objectives, are considered sufficient to ensure appropriate future development within the village. No changes are proposed to the zoning or minimum lot size provisions which currently apply to the Crown Land fronting MacDonnell Street. While the future use of this land is uncertain, its inclusion in the village structure plan allows for the possibility of the land being sold and developed. The street layout within the Village Structure Plan is indicative only. The final location of new streets and intersections will be subject to land ownership, detailed traffic investigation and engineering design.
9	Transport for NSW	See comments above under Agency Consultation.
10	Considers proposal to be overbearing in scale and out of character with existing village. Believes proposed rezoning will adversely impact primary production activities. Concerned about land use conflict and inadequate buffer distances between expanded village and existing agricultural enterprises Concerns about impacts of urban development including noise pollution, light pollution, traffic, general disturbance and biohazard risk Concerned about loss of amenity both for primary producers and current village residents and notes green buffer not shown along The Rock-Collingullie Road on structure plan despite being mentioned in text. Considers that Development Control Plan requires more specific provisions covering lot sizes, building height and buffer zones. Concerned that Village Structure Plan does not include certain improvements mentioned for Collingullie in Wagga Wagga LSPS. Believes proposed village expansion would exacerbate existing stormwater drainage issues in the village. Believes village expansion does not guarantee additional potential school enrolments or the re-opening of Collingullie Public School	Village expansion will be limited by the capacity of the Collingullie sewage treatment plant. The plant is estimated to have capacity for an additional 175 equivalent tenements (dwellings). The Urban Design Report states that “Council estimates that the village expansion would generate approximately 150 dwellings”, which remains the intention. The proposed village expansion is in accordance with the Wagga Wagga Spatial Plan 2013-2043 and the Wagga Wagga Local Strategic Planning Statement 2040 which both identify the potential for growth in the Collingullie Village. A vision was established for Collingullie to “further develop and grow the village while keeping its rural character”. The release of large housing lots at Collingullie and other rural villages in the LGA was identified as an appropriate planning response to market demand for lifestyle/rural residential housing lots without contributing to urban sprawl of Wagga Wagga itself. The intention of the DCP amendment is to ensure the expansion of the village facilitated by the LEP amendment occurs in way that minimises adverse impacts on primary production. The Village Structure Plan contained within the Collingullie Urban Design Report recognises the need for buffers between new housing and adjoining primary production land. Lots backing onto The Rock-Collingullie Road are indicated as larger lots, which would allow dwellings to be set back 30-40m from the road, which has a reserve width of 30m. This means dwellings would be 60 – 70m from agricultural land to the west of the village. While proposed buffers are not expansive in terms of separation distance, the proposed green buffer will provide a physical barrier. A degree of compromise is necessary to facilitate expansion of the village as envisaged in the Wagga Wagga Spatial Plan and Wagga Wagga Local Strategic Planning Statement. The proposal and current capacity of the sewerage treatment plant will allow for a possible 150 additional village lots. The lot sizes proposed and DCP controls will provide the framework for ensuring the village amenity and character are retained. In addition, changes are proposed to the DCP amendment to require that any development application to subdivide land which adjoins land zoned RU1 Primary Production be accompanied by a Land Use Conflict Risk Assessment in accordance with the DPI Land Use Conflict Risk Assessment Guide. See comments above regarding proposed lot sizes and separation between dwelling location and rural. This report recommends changes to the DCP as described in this report. In relation to building height, it is not possible for Council to mandate single-storey dwellings due to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which provides that the erection of a new 1 or 2 storey dwelling house is complying development up to a maximum building height of 8.5 metres. The lot size distribution map from the Urban Design Report will be included in the DCP. The LEP and DCP amendments recommended for adoption by this report do not preclude any of the aspirations documented in the LSPS, however improvements such as community gardens, open space improvements, truck parking and youth recreation facilities are beyond the scope of these amendments. Existing provisions for stormwater management will apply to future developments. Any development application to subdivide land would be required to satisfy these requirements in relation to stormwater management. While the reopening of the school is ultimately outside of Council’s control, additional housing opportunities in the village would be likely to attract more families which would strengthen the justification for the local school to be re-opened.
11	Concerned about complaints from future residents of proposed housing relating to legitimate agricultural activities on neighbouring land. Concerned about biohazard and other risks of additional housing and residents to stock and crops and rural livelihoods.	See responses to submissions 1a, 1b and 10.
12	Concerned about effect of proposal on: · “right to farm” i.e. ability to operate as a primary producer, · amenity and character of the village (traffic, noise, lighting) · attacks on livestock from domestic animals	See responses to submissions 1a, 1b and 10.
13	Concerned at the scale of development proposed, inadequate protections for users of primary production land and amenity impacts on existing rural and village residents.	See responses to submissions 1a, 1b and 10.
14	Concerned about the impact of proposed roads depicted in the Village Structure Plan, particularly extension of Linton Street through author’s land	The road layout in the structure plan is indicative only. The actual location of new roads and any pedestrian/cycle paths will be based on detailed design, land ownership etc. Any development application including new roads and intersections will need to include a full assessment of traffic impacts. It is recommended that the proposed control numbered C19 within the DCP amendment contain the following additional wording: “The location and alignment of any new roads, or extension to existing roads, is to be confirmed by a traffic study prepared by an appropriately qualified consultant.” Where a road is indicated through private property (i.e. extension of Linton Street) this would require the landowner approval or sale to a developer and is not intended to be a compulsory land acquisition and road construction by Council.
15	Safety concerns associated with intersection of local streets with Sturt Highway. Do not agree with closure of Linton Street at Highway.	Transport for NSW (TfNSW) is the relevant authority for any changes associated with access to the Sturt Highway, Lockhart Road and The Rock-Collingullie Road. TfNSW generally seek to limit points of access to the State and Regional Road networks to maximise movement efficiency on their roads. Further details of appropriate intersections with the Sturt Highway will be assessed as part of future traffic and transport reports submitted with development applications.
16	Safety concerns associated with intersection of local streets with Sturt Highway. Do not agree with closure of Linton Street at Highway.	See response to submission 15 above.

A Councillor workshop was held on 23 May 2022. At the workshop, Councillors were provided with the summary of submissions and Council Officer response.

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Attachments

1.	LEP19/0008 - Planning Proposal - Collingullie Village Expansion - Provided under separate cover
2 .	LEP19/0008 - DCP Amendment - Revised post exhibition - Provided under separate cover
3 .	LEP19/0008 - Collingullie Urban Design Report - Provided under separate cover
4 .	LEP19/0008 - Gateway Determination - Collingullie Village Expansion - Provided under separate cover
5 .	LEP19/0008 - Submissions - Collingullie Village Expansion - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-2

RP-2 DRAFT CODE OF MEETING PRACTICE

Author: Ingrid Hensley

General Manager: Peter Thompson

Summary:

The 2021 Model Code of Meeting Practice for Local Councils in NSW was prescribed in November 2021. This Report provides an overview of the major changes from the existing Code of Meeting Practice and proposes the public exhibition of the new draft Code of Meeting Practice, as required by legislation.

A clear and transparent Code of Meeting Practice, that meets legislative obligations, will ensure our community is able to effectively engage with Council at Council meetings and that Councillors have clear and fundamental direction on the conduct of meetings.

Recommendation

That Council:

a endorse the draft Code of Meeting Practice that is to be placed on public exhibition for a period of 28 days from 15 June 2022 to 12 July 2022 and invite public submissions until 26 July 2022 on the draft Code of Meeting Practice

b receive a further report following the exhibition and submission period:

i addressing any submission made in respect of the Draft Code of Meeting Practice

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

Report

The Model Code of Meeting Practice for Local Councils in NSW is prescribed under section 360 of the Local Government Act 1993 (NSW) (“the Act”) and the Local Government (General) Regulation 2021 (“the Regulation”) and applies to all meetings of councils and committees of councils of which all the members are councillors. A new Model Code of Meeting Practice was prescribed by the Regulation in November 2021.

The Draft Wagga Wagga Council Code of Meeting Practice (the “Code of Meeting Practice” or “the Code”) provides a regulatory and decision-making framework for Council Meetings to promote the accessibility, accountability and transparency of Council decisions. It also provides fundamental direction on how Council conducts its meetings.

The Model Code of Meeting Practice has two elements. It contains mandatory provisions (indicated in black font) that reflect the existing meetings provisions of the Act and which update and enhance the meeting practice provisions previously prescribed under the Regulation, to reflect contemporary meetings practice by councils.

The Code also contains non-mandatory provisions (indicated in red font) that cover areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances and preferences. A code adopted or amended by the council must not contain provisions that are inconsistent with the mandatory provisions. For the purpose of exhibition and review the document also shows supplementary provisions and/or changes from Council’s current Code of Meeting Practice or which are common practice by Council.

The draft Code of Meeting Practice has been developed in line with the Model Code made under the Act and the Regulation. It seeks to incorporate new mandatory provisions and some non-mandatory provisions of the Model Meeting Code as well as any other supplementary provisions, provided they are not inconsistent with the Model Code.

Under the provisions, councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code no later than 12 months after the date of ordinary elections, which were held on 4 December 2021.

The objectives of the Draft Code are to:

· Ensure that all meetings of Council and Committees of Council are conducted in an orderly, consistent and efficient manner and according to the principles of procedural fairness and due process, where applicable

· Assist with the conduct of public address, discussion and debate during Council and Committee meetings

· Ensure that all Councillors understand their rights and obligations during Council and Committee meeting, including in relation to the declaration of conflicts of interest

· Ensure that all Councillors have an equal opportunity to participate fully in meetings and that there is a positive environment, consistent without the Code of Conduct

· Act as an effective aid for good governance.

The Model Code aims to introduce plain language to make the prescribed meeting rules more accessible and easier to understand and which facilitate more efficient and contemporary practices. Some of the key changes include:

· Non-mandatory provisions which allow meetings to be held by audio-visual link in the event of a natural disaster or public health emergency and provisions more generally to allow councillors individually to attend meetings by audio-visual link.

· Amendments to the provisions governing the webcasting of meetings and disorder at meetings to reflect amendments to the Regulation since the previous iteration of the Model Meeting Code was prescribed.

· An amendment implementing recommendation 6 in ICAC’s report in relation to its investigation of the former Canterbury City Council (Operation Dasha). ICAC recommended that the Model Meeting Code be amended to require that council business papers include a reminder to councillors of their oath or affirmation of office, and their conflict of interest disclosure obligations.

· Amendments to the disorder provisions, including a mandatory clause which specifies one of the ways a councillor may commit an act of disorder at a meeting, i.e. where a councillor insults, ‘makes unfavourable personal remarks about’, or imputes improper motives to any other council official, or alleges a breach of the Council’s code of conduct. The New Code replaces the previous phrase ‘makes personal reflections on’, which may have included a positive or negative reflection, with the more pejorative ‘makes unfavourable personal remarks about’.

Proposed Amendments to the Current Code	Reason
Giving Notice of Business to be considered at Council meetings (Section 3.13)	Aligning Council’s Code to the prescribed Model (non-mandatory provision)
Statement of ethical obligations (Section 3.23)	Aligning Council’s Code to the prescribed Model (mandatory provision)
Giving notice of business to be considered at council meeting (notice of motion) (Section 3.11)	Notices of motion are to be submitted at least 5 business days before the meeting is to be held (the same as current practice, but a change to the wording from 7 days to 5 business days, to ensure consistency with the mandatory wording in the Code, which refers to ‘business days’)
Ability to hold Pre-meeting briefing sessions by audio-visual link (Section 3.35)	Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will facilitate improved access to the meeting. The definition of audio-visual link has also been added into the definitions section.
Ability to hold Public Address sessions by audio-visual link (Section 4.2)	Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will allow improved access to the meeting
Amend provision relating to the closing of public address applications from 2:00pm to 12noon (Section 4.4)	Based on feedback from applicants formalisation of the proposed change of time will allow applicants sufficient time to prepare and make arrangement for attendance at the meeting Clarification in relation to the contacting of a broader range of interested parties (i.e. not limited to Development Approval applicants and objectors, but can include those involved in Planning Approvals, for example, or persons who have made a submission for an item on public exhibition and on the agenda for consideration by Council).
If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager, in consultation with the Mayor (where practicable), can divide the time equally between the additional speakers Specifying that reasons for refusal of a public address application may include instances where a person has already addressed Council on one or more occasions on the same matter (Section 4.9)	Provides an alternative where it is not possible for speakers to nominate from among themselves the persons who are to address the council on the item of business Provides additional transparency and understanding of expectations in relation to the approval process, particularly for matters that may be deferred and on the agenda at successive meetings (noting that there may be changes to the recommendation which could warrant further public address)
New provisions and obligations relating to attendance via audio-visual link, attendance by Councillors via audio-visual link (Sections 4.2, 5.2, 5.15 - 5.21, 14.20, 15.20 – 15.21 and 16.2)	Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will allow improved access to the meeting and provisions relating to management of Conflicts of interest for Councillors attending by audio-visual link Public Address sessions can also be held via audio visual link
Amendment to the Order of Business being: · Reordering of items · Aligning Questions with Notice to provisions of the Code under Section 3.14 · Amending the Prayer to Reflection (Section 8.1)	Aligning structure of Ordinary Council to the provisions of the Code and current practice. Councillor reports are required to comply with provisions of section 3.11 of the Code. Delegates reports may be received via resolution of Council e.g. on adoption of a Councillor to attend a conference etc
Councillor Delegate Reports (Section 9.11)	A Councillor may submit a report to the Council in relation to their representation of the Council on official business (including but not limited to attendance at a conference or seminar) or a trip or visit undertaken on behalf of the Council following a resolution of Council
Webcasting Recordings (Section 17.3)	Expanding the existing provisions to also make an audio visual recording of a Council or committee of the council meeting available to a regulatory authority

Proposed Amendments to the Current Code

Reason

Giving Notice of Business to be considered at Council meetings (Section 3.13)

Aligning Council’s Code to the prescribed Model (non-mandatory provision)

Statement of ethical obligations

(Section 3.23)

Aligning Council’s Code to the prescribed Model (mandatory provision)

Giving notice of business to be considered at council meeting (notice of motion)
(Section 3.11)

Notices of motion are to be submitted at least 5 business days before the meeting is to be held (the same as current practice, but a change to the wording from 7 days to 5 business days, to ensure consistency with the mandatory wording in the Code, which refers to ‘business days’)

Ability to hold Pre-meeting briefing sessions by audio-visual link

(Section 3.35)

Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will facilitate improved access to the meeting. The definition of audio-visual link has also been added into the definitions section.

Ability to hold Public Address sessions by audio-visual link

(Section 4.2)

Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will allow improved access to the meeting

Amend provision relating to the closing of public address applications from 2:00pm to 12noon

(Section 4.4)

Based on feedback from applicants formalisation of the proposed change of time will allow applicants sufficient time to prepare and make arrangement for attendance at the meeting

Clarification in relation to the contacting of a broader range of interested parties (i.e. not limited to Development Approval applicants and objectors, but can include those involved in Planning Approvals, for example, or persons who have made a submission for an item on public exhibition and on the agenda for consideration by Council).

If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager, in consultation with the Mayor (where practicable), can divide the time equally between the additional speakers

Specifying that reasons for refusal of a public address application may include instances where a person has already addressed Council on one or more occasions on the same matter

(Section 4.9)

Provides an alternative where it is not possible for speakers to nominate from among themselves the persons who are to address the council on the item of business

Provides additional transparency and understanding of expectations in relation to the approval process, particularly for matters that may be deferred and on the agenda at successive meetings (noting that there may be changes to the recommendation which could warrant further public address)

New provisions and obligations relating to attendance via audio-visual link, attendance by Councillors via audio-visual link

(Sections 4.2, 5.2, 5.15 - 5.21, 14.20, 15.20 – 15.21 and 16.2)

Aligning Council’s Code to the prescribed Model (non-mandatory provision) which will allow improved access to the meeting and provisions relating to management of Conflicts of interest for Councillors attending by audio-visual link

Public Address sessions can also be held via audio visual link

Amendment to the Order of Business being:

· Reordering of items

· Aligning Questions with Notice to provisions of the Code under Section 3.14

· Amending the Prayer to Reflection

(Section 8.1)

Aligning structure of Ordinary Council to the provisions of the Code and current practice.

Councillor reports are required to comply with provisions of section 3.11 of the Code. Delegates reports may be received via resolution of Council e.g. on adoption of a Councillor to attend a conference etc

Councillor Delegate Reports
(Section 9.11)

A Councillor may submit a report to the

Council in relation to their representation

of the Council on official business (including but not limited to attendance at a conference or seminar) or a trip or visit undertaken on behalf of the Council following a resolution of Council

Webcasting Recordings
(Section 17.3)

Expanding the existing provisions to also

make an audio visual recording of a

Council or committee of the council

meeting available to a regulatory

authority

* Clause references are to the Wagga Wagga City Council’s Draft Model Code

Financial Implications

Training on the new Model Code of Meeting Practice for Councillors has been delivered and funded from within Councillors Professional Development budget.

It is a requirement that all meetings of the council and committees of the council be webcast on council’s website. Livestreaming of the Council meetings requires certain equipment and services. Council’s current Long Term Financial Plan includes an annual budget allocation for livestreaming Council’s ordinary meetings utilising an external livestreaming provider.

Policy and Legislation

Local Government Act 1993 (NSW)

Local Government (General) Regulation 2021

Model Code of Meeting Practice for Local Councils in NSW 2021

The Amendment Regulation extended the provision in the Regulation (s237(3)) that exempts councillors from being personally present at meetings until 30 June 2022. Councillors will, therefore, need to be personally present at meetings if and until the proposed provisions allowing attendance at meetings by audio-visual link are adopted by Council.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

The draft Wagga Wagga Council Code of Meeting Practice provides a regulatory and decision-making framework for Council meetings to promote the accessibility, accountability and transparency of Council decisions.

Under the transitional provisions, councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code no later than 12 months after the date of the next ordinary elections.

Internal / External Consultation

Following the release of the revised Model Code of Meeting Practice, Council officers considered the proposed amendments with a particular focus on Council adopted Code of Meeting Practice taking into account Council previous consideration of non-mandatory provisions and those provisions which are specific to the needs of Wagga Wagga City Council.

Before adopting a new Code of Meeting Practice, under section 361 of the Act, councils are required to exhibit a draft of the code of meeting practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft code.

This consultation aims to ascertain the community's views on the new Draft Code of Meeting Practice. Specifically, Council is seeking community feedback on the non-mandatory and supplementary provisions incorporated into the Draft Code in order to ascertain the level of support for these provisions and evaluate whether any amendments are required prior to the adoption of the Code of Meeting Practice.

Councillors undertook formal training on the Model Code in March 2022 and workshopped the Model Code to ensure transparency and clear procedures/limitations in relation to remote attendance at meetings.

The Act provides that after considering all submissions received during the exhibition and submission period, the council may decide to amend those provisions of its draft mandatory code that are non-mandatory provisions or to adopt the code. If the Council does decide to amend the draft code, it can publicly exhibit the amended draft or if the council is of the opinion that the amendments are not substantial, it may adopt the amended draft code without public exhibition.

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 Code of Meeting Practice - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-3

RP-3 DRAFT REVISED PUBLIC ART PLAN 2022-2026

Author: Madeleine Scully

Director: Janice Summerhayes

Summary:

This report presents the draft revised Public Art Plan 2022 - 2026 for the Wagga Wagga Local Government Area. Council’s Cultural Plan 2020 - 2030 and Council’s draft Community Strategic Plan 2040 both recognise the key role that public art plays in creating a thriving, innovative, connected and inclusive community; by creating a sense of place, supporting our arts and creative community, providing opportunities to connect with others and enhancing our public spaces.

Recommendation

That Council:

a place the draft Public Art Plan 2022-2026 on public exhibition commencing 15 June 2022 and concluding on 12 July 2022

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

i addressing any submissions made

ii proposing adoption of the draft Public Art Plan 2022-2026 unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period.

Report

Wagga Wagga City Council endorsed the Outdoor Art in Public Spaces Policy in 1997, to establish and manage the city’s diverse collection of public art. In 2008 Council’s Public Art Policy was further strengthened to respond to the cultural needs of the community as outlined in successive Council Community Strategic Plans.

The purpose of Council’s Public Art Policy (POL109) and related draft revised Public Art Plan 2022-2026, is to provide Council with a framework to manage public art commissioning and budgeting processes, procurement and overall management of the city’s public art collection. A key consideration is to maximise the social and economic benefits of public art as it relates to place making and the contribution it makes to a vibrant cultural and economic life of our community.

As detailed in the current Public Art Policy (POL109), the Public Art Reserve receives the first $50,000 raised annually from the 1% levy on all capital works projects funded by General Purpose Revenue and is incorporated into Council’s project management documentation. This provision does not apply to any capital works projects funded in part or in whole through grants from State or Federal Government sources or through the Sewer Reserve, Solid Waste Reserve, Stormwater, Levy Reserve or Council’s Development Contribution Plans.

A review of the previous Public Art Plan, Enliven Public Art Plan 2017-2021 noted the successful delivery of a diverse range of projects across the Wagga Wagga Local Government Area including the following:

Living Spaces:

An annual schedule of public artworks commissioned to highlight villages and neighbourhoods for example:

· ‘Bend & Stretch’, Will Maguire – sculpture located at Multi-Purpose Stadium

· ‘Wilga Sticks’, John Wood – sculptural seating located at Wilga Park, Kooringal

Living Communities:

Temporary projects commissioned to feature in Wagga Wagga events or festivals for example:

· ‘Murrumbidgee Flow’, David ‘Meggs’ Hooke – mural located at Cadel Place for Lost Lanes 2019

· ‘Lagoon’, Goldberg Aberline Studio with Owen Lyons – temporary installation on the surface of Wollundry Lagoon for Lost Lanes 2021

NightLights & BrightLights Projection:

Annual site-specific projections at the Civic Centre for example:

· NightLights featured artists Lucy Benson, Cindi Drennan and Kellie O’Dempsey

· BrightLights featured artists Beck Storer, Kellie O’Dempsey and Tonya Meyrick

One project named ‘River Life’ has been carried over to 2022/2023 and 2023/2024 financial years as a significant commission. This project highlights Wiradjuri living culture and heritage and is currently underway with Wiradjuri Elders consultation and community knowledge holders to finalise commissioning details. After experiencing significant disruption due to COVID-19 this project is now progressing.

Development and Consultation

Analysis of community consultation feedback received through Council’s Cultural Plan 2020-2030, draft revised Community Safety Action Plan 2022-2026, Reconciliation Action Plan 2019-2021, and draft Wiradjuri Trail Masterplan has also been undertaken to assist in shaping projects for inclusion in the draft revised Public Art Plan 2022-2026. Consultation was also undertaken with the previous Public Art Advisory Panel who completed their tenure in November 2021. This involved a series of workshops to clarify and refine the guiding principles, including both Council’s and Create NSW First Nations Protocols, and the development of a Public Art Overview in the draft plan. Membership of Council’s Public Art Advisory Panel for the current Council term have also reviewed the draft revised Public Art Plan 2022-2026 and provided their feedback and support.

Structure and Key Projects:

The development and implementation of public art projects and initiatives in the draft revised Public Art Plan 2022 - 2026 are governed by the following principles:

Celebrate:

· Celebrate the culture and heritage of the traditional custodians of the land, the Wiradjuri people

· Promote the cultural and social diversity of the whole community through enhancement of the visual and environmental beauty of the city

· Highlight the unique characteristics of the local natural environment and ecosystems

Activate:

· Communicate the unique stories, spirit and heritage of the whole of the city of Wagga Wagga, including the rural villages and neighbourhoods

· Encourage access and participation from all the community through creative experiences and placemaking

· Support and enhance cultural tourism and the visitor economy

Innovate:

· Challenge and stimulate audiences and the wider community

· Develop projects at the highest levels of creativity, artistic excellence, and innovation

· Incorporate art throughout the city in ways that blurs the lines between art and urban design

Collaborate:

· Engage with artists of all career stages, with value placed on local and First Nations artists when commissioning new works

· Collaborate with a diverse range of stakeholders, including state and federal government bodies, community groups and organisations, businesses and industry

· Ensure all projects and programs are carried out in a fair and transparent manner, and in accordance with industry and local government best practice

The draft revised Public Art Plan 2022-2026 has four focus areas, with key projects identified in each including:

Wiradjuri Heritage and Culture

· Site specific installation/s of Wiradjuri significance

Events

· Temporary/ephemeral works to be included in Council events

Neighbourhoods, Suburbs and Villages

· Workshop programs with creative outcomes in identified socially disadvantaged SA1 neighbourhoods

· Support the commissioning of public artworks throughout the Wagga Wagga Local Government Area

Explore the City

· Creative lighting/digital works in strategic locations across the city to improve public safety and amenity

· Development of an audio art trail

Staff are recommending that Council place the draft revised Public Art Plan 2022-2026 on public exhibition where the document will be further promoted for feedback from our community. On close of the public exhibition period a further report will be tabled to Council addressing any submissions received.

Financial Implications

The Public Art Reserve receives a budget allocation of $50,000 annually as described in the Public Art Policy (POL 109). Projects listed in the draft Plan are either funded, utilising this reserve allocation or not funded, this is where alternative options will be pursued for example funding applications to State and Federal government agencies or to potential sponsors to support these projects.

The proposed schedule of works included in the draft revised Public Art Plan 2022 –2026 include:

	2022/23	2023/24	2024/25	2025/26
Estimated Opening Balance	*$175,543	$68,948	$38,948	$38,948
Public Art Annual Allocation	$50,000	$50,000	$50,000	$50,000
Total Reserve Funds	$225,543	$118,948	$88,948	$88,948
Projects
Wiradjuri Heritage & Culture	-	-	-	-
River Life (from Enliven Public Art Plan 2017-2021)	**$106,595
Events	$10,000	$10,000	$10,000	$10,000
Neighbourhood Engagement	$20,000	$20,000	$20,000	$20,000
Suburbs & Villages	$15,000	$15,000	$15,000	$15,000
Creative Light Spaces	-	$30,000	-	$30,000
Listen In – Audio Art Trail	-	-	-	-
Administration Fee	$5,000	$5,000	$5,000	$5,000
Total Projects	$156,595	$80,000	$50,000	$80,000
Estimated Closing Balance	$68,948	$38,948	$38,948	$8,948

* Please note that the opening balance is based on the assumption that existing 2021/22 Public Art projects will be completed on budget.

** Carryover funds from previous plan for Riverlife commission

Policy and Legislation

POL109 – Public Art Policy

Wagga View – Community Strategic Plan 2040

Cultural Plan 2020-2030

Wiradjuri and First Nations Community Cultural Protocols 2021

Reconciliation Action Plan 2025

Recreation, Open Space and Community Strategy and Implementation Plan 2040

Draft Community Safety Action Plan

Draft Wiradjuri Trail Master Plan

Create in NSW: The NSW Arts and Cultural Policy Framework (2015)

NSW Aboriginal Arts and Culture Protocols

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

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

Risk Management Issues for Council

Risks management will occur as part of the practice and delivery of the draft revised Public Art Plan 2022-2026.

Internal / External Consultation

Internal consultation was undertaken with relevant departments across Council’s organisation and with Council’s executive. A Councillor workshop was held with the following in attendance:

23 May 2022

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

Feedback from the Councillor workshop has been included in the draft revised Public Art Plan attached to this report.

External consultation was informed by the cultural planning consultation processes and other strategic planning consultations, along with Council’s appointed Public Art Advisory Panels, and key stakeholders for example Eastern Riverina Arts.

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

WWCC Draft Public Art Plan - 2022-2023 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-4

RP-4 DRAFT REVISED COMMUNITY SAFETY ACTION PLAN 2022-2026

Author: Madeleine Scully

Director: Janice Summerhayes

Summary:

Council’s draft revised Community Safety Action Plan 2022 - 2026 provides a resource for Councillors and Council staff to use when understanding and working to address issues related to community safety in the Wagga Wagga Local Government Area. This is an updated document of the previous Crime Prevention Plan 2017 – 2021.

Recommendation

That Council:

a place the draft Community Safety Action Plan 2022-2026 on public exhibition commencing 15 June 2022 and concluding on 12 July 2022

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

i addressing any submissions made

ii proposing adoption of the draft revised Community Safety Action Plan 2022-2026 unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period.

Report

The draft Wagga Wagga Community Safety Action Plan (CSAP) 2022-2026 is a level two strategic document that guides Council with a framework of priorities and actions for a four-year period. It is written in line with Council’s draft Community Strategic Plan (CSP) 2040.

It also aligns with the NSW Premiers priorities:

· Reducing Domestic Violence reoffending (reduce by 25% by 2023)

· Reducing recidivism in the prison population (reduce by 5% by 2023)

· Greener Public Spaces (increase by 10% by 2023)

· Towards Zero Suicides (decrease by 20% by 2023)

· Reducing homelessness (decrease by 50% by 2023)

Council’s Community Strategic Plan (CSP) 2040 outlines Council’s long-term commitment for ensuring that all residents feel safe in the community, at home and in public places. The draft CSAP 2022-2026 follows on from the success of its predecessor the Crime Prevention Plan (CPP) 2017- 2021. The draft CSAP 2022-2026 however, sees a departure from solely focusing on crime prevention with the movement towards a broader community safety focus, with the understanding that everyone has a role to play in keeping their community safe. Due to this, it was important that the revised plan reflected a strong community voice.

The draft CSAP 2022-2026 has been developed after extensive engagement with community members from a diverse range of backgrounds to ensure it is reflective of the many different voices that make up our community. Engagement occurred through a Community Safety Perception Survey distributed through the community from February 2020 to March 2020 and saw 674 community members contributing their ideas, perceptions, and recommendations on community safety. The survey was available online through Council’s connect Wagga and social media platforms, along with the option for direct email and promoted through Council News and other network newsletters. Staff also organised multiple one on one meetings and community engagement sessions, delivered across the city to ensure community access to the survey. Hard copies of the survey were available at Council’s customer service counter, the City Library and distributed throughout the community centres located in Ashmont, Tolland and Kooringal and at the Multicultural Council of Wagga Wagga.

Consultation was also conducted with key community services and stakeholders that play a role in keeping our community safe including but not limited to Wagga Wagga Local Area Police Service, Department of Communities and Justice, Department of Housing, Department of Community Corrections, NSW Health and other community based organisations such as Wagga Wagga Women’s Health Centre and representatives from Neighbourhood Watch.

Council recognises community services and support agencies that are already delivering programs designed to address community safety, so the priority and actions items listed in the draft revised CSAP 2022-2026 will strengthen the existing response and allow for future partnership initiatives.

Three main priority areas emerged from all findings and are the focus for the draft revised CSAP 2022-2026:

1) Safe Homes and Neighbourhoods

2) Safe and respectful relationships and

3) Safer Cities

The draft revised CSAP 2022-20026 was informed by both the community consultation findings and then supported by research and data from multiple sources, including the NSW Bureau of Crime Statistics and Research (BOCSAR), the Australian Bureau of Statistics and localised crime data and statistics sourced from Police.

For noting the Australian Bureau of Statistics (ABS) Census is traditionally conducted every five (5) years, the last release of data was in 2016 to provide a snapshot of the country. Due to occur next in 2020, this nation-wide event was not conducted until August 2021 as a result of COVID-19 impacts and the data expected to be released from the August 2021 Census post June 2022.

The flow on impact of this delay means that the majority of data represented in the Community Safety Action Plan 2026 is based on 2016 census data. Where possible, Council has worked with key community safety stakeholders to source more up to date data but many expressed uncertainties that the data available would truly reflect the degree of hardships experienced. Circumstances experienced in the community because of COVID-19 impacted significantly and key community safety stakeholders anecdotally shared that there would be a delay in reflecting its true impact. Council would like to thank those organisations that assisted with their feedback and acknowledge that all the data sourced in the development of the plan is as accurate and up to date as permitted under the circumstances.

In the Wagga Wagga Local Government Area (LGA) for the BOCSAR reporting period January 2020 to December 2020, the top five crime types by rate of incident were:

1. Malicious damage to property

2. Breach bail conditions

3. Break and enter dwelling

4. Harassment and threatening behaviour

5. Steal from motor vehicle

The hotspot mapping also identified areas where these crime types occurred the most. Across all five crime types, the highest concentration of incident included Wagga Wagga (Central), Kooringal, Ashmont, Mount Austin and Tolland. It is important to note that these locations incorporate areas within the Wagga Wagga LGA that have the lowest Socio-Economic Indexes for Areas scores. A lower score on the SEIFA score, in particular the Index of Relative Socio-Economic Advantage and Disadvantage (IRSAD), means a higher level of disadvantage.

The community consultations provided the following top five concerns:

1. Break and enter of homes

2. Domestic and family violence

3. Arson

4. Sale and use of illegal drugs

5. Alcohol related assault

Although domestic and family violence did not rank highly in the BOCSAR statistics as a high crime rate of incident the Priority Two - Safe and Respectful Relationships (on page 31 of the revised draft CSAP 2022-2026), has a clear focus on continuing to see Council engage in and advocate for initiatives related to addressing this issue. There is also an acknowledgement in the revised draft CSAP 2022-2026 of the emerging understanding of coercive control as a sub-category of this crime type.

The identified priority areas of the draft revised CSAP 2022-2026 do not preclude staff from continuing to be involved or deliver other community safety initiatives. For example; through on-going programs and services like community safety audits, event activations and outreach programs, which all contribute to community safety outcomes.

Staff are recommending that Council place the draft revised CSAP 2022-2026 on public exhibition where the document will be further promoted for feedback from our community. On close of the public exhibition period a further report will be tabled to Council addressing any submissions received.

Financial Implications

The draft revised CSAP 2022–2026 will inform the development of strategies and planning processes undertaken by Council moving forward. All items identified in the draft revised CSAP 2022-2026 are either included in existing operational budgets or considered as part of the current draft 2022/23 Long Term Financial Plan. Any unfunded items listed will require external funding to support their implementation and where relevant for Council be subject to future Council reports.

Policy and Legislation

Crimes (Domestic and Personal Violence) Act 2007 (CDPV Act)

Children (Protection and Parental Responsibility) Act 1997

Graffiti Control Act 2008

Pending – Coercive Control - Preethi's Law - Crimes (Domestic and Personal Violence) Amendment Bill 2020

Link to Strategic Plan

Safe and Healthy Community

Objective: We are safe

Outcome: We promote safety and safe behaviours

Risk Management Issues for Council

Risks management will occur as part of the practice and delivery of the revised draft CSAP 2022-2026 action plan.

Internal / External Consultation

Internal consultation was undertaken with relevant departments across Council’s organisation and with Council’s executive. A Councillor workshop was held with the following in attendance:

23 May 2022

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

Apologies received from Councillor D Hayes and Councillor T Koschel.

Feedback from the Councillor workshop has been included in the draft revised Community Safety Action Plan 2022–2026 attached to this report.

Staff held external consultation through an on-line survey and targeted place engagement and consultation sessions. In addition to this, one-on-one engagement sessions were offered through face to face, e-mail or specific agency feedback meetings. As part of the exhibition period a variety of communication methods will be used, to not only promote the public exhibition period but also the purpose of the documents. Community sessions will also be held at suburban neighbourhood centres.

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 Revised Community Safety Action Plan 2022-2026 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-5

RP-5 REVISED DRAFT ALL ABILITIES INCLUSION ACTION PLAN 2022-2026

Author: Madeleine Scully

Director: Janice Summerhayes

Summary:

Council’s draft revised All Abilities Inclusion Action Plan 2022- 2026 provides a resource for Councillors and Council staff to use when understanding and working to address issues related to access and inclusion for those of all abilities in the Wagga Wagga Local Government Area. This is a revised document to the previously adopted Disability Inclusion Action Plan 2017 – 2021 meeting Councils legislative requirement.

Recommendation

That Council:

a place the draft All Abilities Inclusion Action Plan 2022-2026 on public exhibition commencing 15 June 2022 and concluding on 12 July 2022

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

i addressing any submissions made

ii proposing adoption of the draft revised All Abilities Inclusion Action Plan 2022-2026 unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period.

Report

The draft revised All Abilities Inclusion Action Plan 2022–2026, is a level two strategic document that guides Council with a framework of priorities and actions for a four-year period. It is written in line with Council’s draft Community Strategic Plan (CSP) 2040. It is also a legislative requirement of all NSW Councils to have a current and active plan in line with the Disability Inclusion Act 2014 and Council is required to review and update this plan every four years.

Council’s draft Community Strategic Plan (CSP) 2040 outlines Council’s long-term commitment for ensuring that residents of all abilities feel they have been heard and understood, and that we plan and activate our community’s infrastructure, programs and services with the key objective to strengthen the connectedness and service provision that support all members of our community. The draft revised All Abilities Inclusion Action Plan 2022-2026 follows on from the success of its predecessor; the Disability Inclusion Action Plan 2017-2021.

The legislative requirement for all local government authorities to have this plan in place was to ensure a commitment was established by all councils to people of all abilities on improving access to services, facilities and jobs. More notably however, it is designed to change wider community perceptions about people of all abilities.

There was an additional twelve-month extension from 2021 granted to all Councils due to the disruptions of COVID-19. To continue our journey for increased inclusion, participation and accessibility, Council took the step to incorporate more inclusive language to its updated plan and it is now entitled – All Abilities Inclusion Action Plan 2022- 2026.

There are four key areas for Council’s draft revised All Abilities Inclusion Action plan 2022-2026, these include:

1. Developing positive community attitudes towards all abilities

2. Creating liveable communities

3. Improving access to mainstream services

4. Increasing access to meaningful employment.

The impact of COVID-19 over the last two years has been significant and felt by many across our community and no doubt had direct impacts on individuals, families, carers and service providers. For the community consultation process, staff put a call out for preferences of engagement to individuals with lived experience, as well as through key service providers in the sector, so as not to compromise vulnerable members of our community. The consultations were undertaken in line with COVID-19 safety measures and public health orders of the time.

The consultations were undertaken utilising various engagement methods, including face-to-face sessions, online sessions, and an online survey. This provided invaluable insight into those with lived experiences capturing the positives and the issues people face day to day living in our community. All attendees involved in the face-to-face consultations were individuals with lived experience and 50% of this group also worked in the support sector.

An action item stemming from the previous plan (2017) was to implement an Access Reference Group. The Wagga Access Reference Group was established and has played an invaluable role in our community. The Wagga Access Reference Group meet monthly to discuss important issues relating to access and inclusion across the city and the action items from Council’s Disability Inclusion Action plan (2017). The group have also provided invaluable feedback for the draft revised All Abilities Inclusion Action Plan 2022–2026.

People involved in the consultations were from varying lived experiences, including Physical, Neurological, Cognitive and Mental Health circumstances. This feedback has assisted in the identification of key areas of focus for Council to improve the lives of people living with all abilities, their family members and carers. A key concern presented from these face-to-face consultations, was the inability to access safe, secure and consistent transport options.

The draft revised All Abilities Inclusion Action Plan 2022-2026 survey was made available online through Council’s Connect Wagga platform from 7 February 2022 to 4 April 2022. This was developed in consultation with the Regional Disability Advocacy Service, whose members tested the survey prior to it going live with an easy-to-read version of the survey also available online. There were 47 respondents in total to the online survey, which was promoted widely through phone, face to face drop-in sessions, letter box drops to services, through Council’s social media platforms, via direct email and Council News. Staff also conducted community engagement sessions both in person and via online platforms and offered one-on-one sessions if preferred.

Key findings from the online survey were:

· That 17.4% of the Wagga Wagga Local Government Area population identify as someone with a disability

· 57% of respondents to the online survey were individuals with lived experience

· 11% of respondents to the online survey identified as Aboriginal

· 70% of respondents were between 25- 29 years old

· The top responses from respondents regarding describing their disability, the disability of their friend, family member of person they care for were:

o Physical

o Intellectual

o Chronic Health Condition

o Psychosocial/Mental Health

o Learning Disability

o Neurodiverse

· The most accessible Council Facilities identified were:

o Wagga Wagga City Library

o Oasis Aquatic Centre

o Wagga Civic Theatre

o Council Customer Service Centre

· The top 3 places respondents would like to go but cannot get to at present:

o Wagga Beach

o Bushland areas

o Playgrounds

· 97% of respondents advised they felt Wagga Wagga City Council staff have always treated them with respect

· 97% of respondents felt staff at Wagga Wagga City Council have always tried to assist them with whatever questions or requests they had regarding information about services both at Council and in the community

· 91% of respondents find Wagga Wagga City Council employees approachable and understanding of their individual support needs

· 50% of respondents have felt discriminated against because of their disability

· 50% have experienced or witnessed direct or indirect bullying, harassment or violence because of their disability

These findings indicate a positive shift of community attitudes and access to Council facilities, events and services. With this said there is the continued need for Council to advocate to key agencies regarding issues of concern raised, for example access to public transport options, along with further efforts to invest in participation and inclusion practices and access to facilities, businesses and services across the Wagga Wagga Local Government Area. These considerations are detailed in the attached draft revised All Abilities Inclusion Action Plan 2022-2026.

Staff are recommending that Council place the draft revised All Abilities Inclusion Action Plan 2022-2026 on public exhibition where the document will be further promoted for feedback from our community. On close of the public exhibition period a further report will be tabled to Council addressing any submissions received.

Financial Implications

The draft revised All Abilities Inclusion Action Plan 2022-2026 will inform the development of strategies and planning processes undertaken by Council moving forward. All items identified in the updated draft Plan are either included in existing operational budgets or considered as part of the current draft 2022/23 Long Term Financial Plan. Any unfunded items listed will require external funding or partnership support for their implementation.

Policy and Legislation

Disability Discrimination Act 1992

Disability (Access to Premises – Buildings) Standards 2010

Disability Standards for Accessible Public Transport 2002

Disability Standards for Education 2005

National Disability Strategy 2010-2020

National Disability Insurance Scheme

National Standards for Disability Services

Fair Work Act 2009

NSW Disability Inclusion Act 2014

NSW Disability Inclusion Plan

Anti-Discrimination Act 1977

Link to Strategic Plan

Community Leadership and Collaboration

Objective: City of Wagga Wagga services reflect the needs of the community

Outcome: We have access to the City of Wagga Wagga

Risk Management Issues for Council

Risks management will occur as part of the practice and delivery of the draft revised All Abilities Inclusion Action Plan 2022-2026.

Internal / External Consultation

Internal consultation was undertaken with relevant departments across Council’s organisation and with Council’s executive. A Councillor workshop was held with the following in attendance:

23 May 2022

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

Apologies received from Councillor D Hayes and Councillor T Koschel.

Feedback the Councillors workshop has been included in the draft revised All Abilities Inclusion Action Plan 2022-2026 attached to this report.

Staff held external consultation through an on-line survey and targeted place engagement and consultation sessions. In addition, one-on-one engagement sessions were offered through face to face, e-mail or specific agency feedback meetings. The Wagga Access Reference Group has provided invaluable advice and input into the development of the draft revised All Abilities Inclusion Action Plan 2022-2026.

As part of the exhibition period a variety of communication methods will be used, to not only promote the public exhibition period but also the purpose of the documents. Community sessions will also be held at suburban neighbourhood centres.

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 Revised All Abilities Inclusion Action Plan 2022-2026 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Tuesday 14 June 2022

RP-8

RP-8 OUTSTANDING DEBTS DEEMED UNRECOVERABLE - PROPOSED WRITE OFF LIST

Author: Carolyn Rodney

General Manager: Peter Thompson

Summary:

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

This report also notes the amounts under $1,000 each that have been written off under the General Manager’s delegation 1.56.

Recommendation

That Council:

a authorise in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of interest charges of $3,204.72

b note the 74 accounts totalling $13,408.64 that are under $1,000 each which have been written off under the General Manager’s delegation

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

Report

Council raises in excess of $25 million in user charges and fees each financial year.

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

	30 June 2021	30 June 2020	30 June 2019	30 June 2018	30 June 2017	30 June 2016
User Charges and Fees Collectible	$25.5M	$26.3M	$27M	$26.3M	$23.8M	$24.2M
User Charges and Fees Outstanding*	$812K	$1M	$857K	$1.1M	$1.1M	$1.2M
User Charges and Fees Percentage Outstanding*	3.19%	3.95%	3.18%	4.03%	4.47%	4.98%

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

As can be seen from the above table, Council’s level of debt outstanding at financial year end is considered low. Staff are proactive in managing the outstanding accounts using a variety of debt management methods. There has been a decrease in the percentage outstanding from 30 June 2020 to 30 June 2021 from 3.95% down to 3.19% outstanding. This could mainly be attributable to the recovery from the COVID-19 pandemic, which saw a number of businesses close in the last quarter of the 2019/20 financial year.

Unlike the rates and charges outstanding where the last avenue Council has for recovery is the sale of property, for user charges and fee debts, when all available debt recovery methods have been exhausted, at times the only practical option is to write the debt off.

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

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

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

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

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

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

Confidential Attachment A:

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

Debtor Type

Number

Amount

Property Debt interest write off – property owner was awaiting revaluation to occur

$3,204.72

Total Over $1,000 each –

Council Resolution Required

$3,204.72

Confidential Attachment B:

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

The General Manager, under Delegation 1.56 has authority to write-off individual amounts under $1,000. Clause 131(6) of the Local Government (General) Regulation 2005 requires the General Manager to advise the council of rates and charges written off by written order. A review of outstanding accounts under $1,000 that Council is unlikely to recover totals $13,408.64. The majority of these charges are for Environmental Health Inspection Charges that date back to 2012-2017 and relate to businesses that have either closed or changed ownership.

A summary by charge type is provided below:

Debtor Type	Number	Amount
Environmental Health Inspection Charges	58	$12,785.35
Gregadoo Waste Management Charges	5	$27.90
Livestock Management Centre Charges	7	$336.24
Oasis Charges	1	$28.20
Sewer Management Inspection	1	$207.75
Property and Sundry Charges	2	$23.20
Total Under $1,000 each – General Manager Delegation	74	$13,408.64

Total Write Off 2021/22:

Proposed accounts over $1,000 each to be written off $ 3,204.72

Accounts under $1,000 each written off $ 13,408.64

Total write off 2021/22 $ 16,613.36

Financial Implications

The amounts approved and recommended to be written off which total $16,613.36 will be funded from:

· $16,041.47 - from the additional income received over revised budget for Section 603 Certificates. Job number 13011.

· $27.90 from expenditure savings within the Gregadoo Waste Management Centre cost centre.

· $336.24 from expenditure savings within the Livestock Management Centre cost centre.

· $207.75 from expenditure savings within the Sewer operational cost centre.

Policy and Legislation

Clause 131 of the Local Government (General) Regulation 2005

Council’s Debt Management Policy – POL 017

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

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

Attachments

1 .

CONFIDENTIAL Attachment A - Proposed Interest Write Off

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: discussion in relation to the personal hardship of a resident or ratepayer. - Provided under separate cover

2 .

CONFIDENTIAL Attachment B - Proposed Debts Write off

Section 356 Budget Summary
Previously advised unallocated balance of 2021/22 Section 356 fee waiver financial assistance budget	$9,852.44
Wagga Wagga Rescue Squad	($725.00)
Balance of Section 356 fee waiver financial assistance budget for the remainder of the 2021/22 Financial Year	$9,127.44

1 ⇩.	Wagga Wagga Rescue Squad - Debtor Invoice
2 ⇩.	Wagga Wagga Rescue Squad lease fee on Bolton St - Letter to Wagga Wagga City Council