Agenda of Ordinary Meeting of Council - Monday, 7 November 2022

Report submitted to the Ordinary Meeting of Council on Monday 7 November 2022

RP-1

Reports from Staff

RP-1 RESPONSE - NOTICE OF MOTION - CAT CONTAINMENT

Author: Mark Gardiner

Executive: Janice Summerhayes

Summary:

This report provides a response to the Notice of Motion from Councillor McKinnon related to cat management.

Recommendation

That Council receive and note the report.

Report

Council at its July 2022 meeting received a Notice of Motion from Councillor McKinnon and resolved:

That Council:

a write to the Office of Local Government and to any other relevant agency to request an update to any changes in legislation for NSW to provide a mechanism for Councils to introduce cat curfews in their Local Government Areas (LGA) to more responsibly manage cats

b write to LGNSW requesting an update of any advocacy on this issue since cat containment became part of the policy platform in 2019

c receive a report that considers

i. any additional actions or policy changes open to Council at this time in order to encourage responsible cat management and cat containment in the Wagga Wagga LGA

ii. the current NSW State Government program “Keeping Cats Safe at Home” and whether it is worthwhile asking for inclusion if the program is expanded outside of the current 10 councils over the remaining 3 years left on the project

Council staff have issued letters to address items a and b of the resolution. Attached is the response received from the Office of Local Government.

For parts c(i) and c(ii) of the resolution the following response is provided.

c(i) - Any additional actions or policy changes open to Council at this time in order to encourage responsible cat management and cat containment in the Wagga Wagga LGA

The Companion Animals Act 1998 is the relevant legislation related to the management of cats. The Act allows cats to roam freely other than in a designated wildlife protection area or a public area where food is prepared or consumed. Council currently has limited powers related to the management of cats other than where a cat is causing damage to property or being a nuisance (such as making excessive noise).

Cat management will continue to prove challenging until the NSW Government amends the Companion Animals Act to allow Councils to impose stricter control measures or cat curfews. Some states already have mechanisms within legislation that empowers Councils to implement programs related to cat containment / curfews.

Most recently the Australian Capital Territory (ACT) have implemented legislation with cat containment requirements for all cats born after 1 July 2022 and have declared 17 suburbs as cat containment areas, which requires all cats to be walked on a leash when in public areas.

For Council to impose restrictions that exceed the requirements of the Companion Animals Act can prove problematic when trying to enforce the restrictions. Council incorporated such controls within the Development Control Plan 2010 (DCP) – Section 15 Lloyd Urban Release area, to assist with protecting fauna within the Birramal Conservation area from predation from domestic cats. The control within the DCP states:

“In addition to complying with the requirements of the Companion Animals Act 1998, owners of domestic cats’ resident in the Lloyd Urban release area to manage their cats so that they are not to roam freely outdoors between sunset and sunrise. In this regard Council will, as a condition of development consent, require the imposition of a Section 88B Restriction on Use for all residential subdivisions within the Lloyd Urban Release Area”

Given that cats are permitted to roam freely in adjoining suburbs and are likely roaming through the Lloyd Urban Release Area, identifying a particular breach is challenging. Furthermore, the only mechanism for Council to address a breach of the restriction is through taking the landowner to court.

The current strategies Council uses to manage cats include:

· Promoting responsible cat ownership

Staff currently promote the benefits of keeping cats contained to ensure their welfare and safety. Contained cats live longer and are less likely to suffer diseases, unwanted pregnancies or sustain injuries through fighting with other cats or dogs, being hit by cars or other misadventure.

· Promoting desexing

Council is proactive in promoting the importance of desexing companion animals to prevent unwanted litters. There is a large number of unwanted kittens dumped each year as a result of cats not being desexed. Given cats can reach sexual maturity at 4 months old, desexing is key to reducing cat numbers. Desexing has numerous benefits including improved health, reduced aggression and less likely to roam.

Some organisations that offer discounted de-sexing are National De-sexing Network (NDN), Animal Welfare League and RSPCA NSW. Some rescue groups in our local area occasional offer a Last Litter Program which involves de-sexing the mother (and then returning to the owner, unless they choose to surrender) while rescuing the puppies/kittens and finding them homes. Most of these programs are offered only to pension or concession card holders however some groups may consider anyone who is having financial difficulties.

· Desexing of all cats rehomed from the Glenfield Road Animal Shelter

The desexing program that Council has in place involves the desexing of all animals sold from the Glenfield Road Animal Shelter. This program has been extremely successful resulting in over 1,100 cats being desexed over the past 5 years. Staff continue to look at other opportunities including joint ventures with external parties that may be interested in funding desexing programs in this region. Although the availability of grant funding for such programs is limited, staff have made several applications in the past which have been unsuccessful. Past grants have been highly competitive with larger organisations like the RSPCA being awarded the funding rounds.

· Microchipping and lifetime registration

Council is responsible for ensuring cats are microchipped and lifetime registered. Microchipping allows lost or stray animals to be returned safely to their owners.

· Trapping of feral cats

Feral cats are a major threat to biodiversity and in particular to small native mammals and ground-nesting birds. Predation by feral cats has been listed as a key threatening process in NSW. Trapping of feral cats is undertaken by staff when they are identified.

· Assisting cat hoarders rehome animals to rescue groups

Occasionally staff find a situation where there is an excessive number of cats located at a house and the owner is unable to manage or control the cats. Where possible staff will liaise with rescue groups to relocate the cats to new homes.

c(ii) - The current NSW State Government program “Keeping Cats Safe at Home” and whether it is worthwhile asking for inclusion if the program is expanded outside of the current 10 councils over the remaining 3 years left on the project

Last year the RSPCA NSW received a $2.5 million NSW Government grant to partner with 10 urban and regional councils across the state. The program “Keeping cats safe at Home” project aims to provide education and advice for communities on the importance of containing their cats safely at home. The RSPCA website currently lists 11 councils as program partners, including:

· Blue Mountains City Council

· Byron Shire Council

· Campbelltown City Council

· City of Parramatta

· Hornsby Shire Council

· Kyogle Council

· Northern Beaches Council

· Shoalhaven City Council

· Tweed Shire Council

· Walgett Shire Council

· Weddin Shire Council

The project aims to encourage and support cat owners to prevent cats from roaming both to keep cats safe and to protect native wildlife. The program will provide tailored toolkits for the partner Councils as well as resources for cat owners. RSPCA will also undertake social science and ecology research to monitor the effectiveness of the campaign.

The RSPCA program aligns with Councils aim of achieving better cat management and would enhance the education and promotion currently undertaken. When the opportunity arises, it will be beneficial for our staff to access the toolkit and resources being developed by RSPCA to strengthen the promotion of responsible cat management.

Financial Implications

N/A

Policy and Legislation

Companion Animals Act 1998

Link to Strategic Plan

The Environment

Objective: Wagga Wagga is sustainable, liveable, and resilient to the impacts of climate change

Minimise our impact on the environment

Risk Management Issues for Council

N/A

Internal / External Consultation

Correspondence has been sent to the Office of Local Government and LGNSW as per the resolution.

Attachments

1 ⇩.

Response Letter - OLG Regarding The Amendments To The Companion Animals Act to introduce Cat Containment in NSW

Report submitted to the Ordinary Meeting of Council on Monday 7 November 2022

RP-2

RP-2 RESPONSE TO NOTICE OF MOTION ON ELECTRIC VEHICLES AND CHARGING INFRASTRUCTURE

Author: Carly Hood

Executive: Janice Summerhayes

Summary:

This report provides information in response to two Notice of Motions from Council regarding electric vehicles and their associated charging infrastructure. The report outlines the various State and Federal initiatives related to electric vehicles and how Council can encourage and support the increased usage of electric vehicles. The provision of selected EV charging infrastructure in the Wagga Wagga Local Government Area will help meet Council’s commitments made as part of the Corporate and Community Net Zero Emissions targets, and under the adopted Cities Power Partnership pledge.

Recommendation

That Council:

a note the information provided in the report

b prepare an EV charging on public land policy as detailed in the report

c endorse participation in the NSW Destination EV Charging Grants

d approve the budget variation/s as detailed in the Financial Implications section of the report

Report

At its Ordinary Meeting in May 2022 Council resolved the following in response to a Notice of Motion related to electric vehicles:

That Council receive a report outlining how Council can encourage and support the increased usage of electric vehicles. The report should include, but not be limited to, consideration of the following:

a opportunities to utilise any Local or State planning tools or regulations to improve EV readiness across certain development types and the advantages and disadvantages of implementing them in the Wagga Wagga LGA

b an overview of EV incentives and charging station plans or strategies from other LGAs and other levels of government

c costs to Council in implementing any of these measures

And at its Ordinary Meeting in October 2022 Council also resolved the following in response to a Notice of Motion in relation to electric vehicles:

That Council:

a requests that the General Manager write to the Chief Executive Officers’ of national fuel providers and to local independent fuel retailers to request consideration of Wagga Wagga sites for electric vehicle fast charging options

b contacts relevant local businesses to encourage uptake of NSW Government funding for destination chargers in locations such as cinemas, shopping centres, and dining locales

The information provided in the report below relates to both of these resolutions.

Background

Demand for electric vehicles (EVs) in Australia has grown, with the EV market share increasing by 65% in 2022 to 3.4% of new light vehicle car sales (EV Council, 2022). In 25 years, it is highly likely that virtually all new passenger vehicles sold in Australia will be electric vehicles, with many global car manufacturers committing to exiting the Internal Combustion Engine (ICE) market. Both Federal and State Government are implementing policies and investing money in this transition.

Federal Government actions- EV charging network

Through the Future Fuels and Vehicles Strategy, the Federal Government has committed $2.1 billion to partner with industry to support the uptake of low and zero emissions vehicles. The program will help the shift to future fuel technologies by co-investing in EV charging and hydrogen refuelling infrastructure. Round 1 supported the roll-out of 403 public electric vehicle fast charging stations nationwide.

Federal Government actions- vehicle uptake

The Federal Government also has the most influence in driving an increase in the supply of electric vehicles. The new National Electric Vehicle Strategy was recently out on public exhibition, and the Government has recently introduced its electric car discount, which includes removal of import duty taxes for EVs. Additionally, this policy includes the removal of the Fringe Benefit Tax for fleet vehicles. This policy is currently being debated in the Senate. If passed, this should promote strong growth in EV uptake. A more modern national fuel efficiency standard would also be a powerful driver in EV adoption.

Federal Government actions- grid infrastructure

EV charging infrastructure is growing and remains a key barrier for EV uptake. The Electric Vehicle Council is working with its members, and with the federal, state, and territory governments, on a charging reliability framework designed to address this issue. Concerns around the impact of EVs on the energy system are frequently raised, and there is a need for effective integration of EVs into the grid.

As EVs become the dominant form of transport in coming years, drivers should be encouraged to charge during off-peak times to reduce pressure on the grid. There will likely be a tipping point somewhere in the future where governments will need to invest significant public money to augment the electricity network, though it is not anticipated to be in the near future. The Electric Vehicle Council extrapolated a scenario of 3% of cars in 2030 (1.5 million EVs) charging during peak hours and calculated a ~1% impact on peak demand.

The majority of EV charging is expected to occur at home (estimates over 80%). This may be even higher in Wagga Wagga where there is a greater percentage of off-street parking than many metropolitan areas. Charging away from home at a public charger is principally for drivers on longer journeys – either as a quick stop to top up on the way through to somewhere else, or a longer stop at a specific destination.

The table below gives an overview of different charger types.

Level 1 (AC) Trickle (slow) charger	Level 2 (AC) Destination charger	Fast Charging (DC) Fast charger	Ultra-fast Charging (DC) Ultra-fast charger
2.4-3.7kw	7-22kw	50kw	150-350kw
5-16 hrs	1-5 hrs	20-60 mins	10-40 mins
10-20km range/hr	30-120km range/hr	250-500k range/hr	1000km range/hr
Typical applications residential, workplace	Residential, workplace, destination	Metro, commercial, destination	Highway, commercial logistics

NSW Government actions- EV ultra-fast charging network

The NSW Government is investing $171m to future proof the EV network. This includes grants which will co-fund charge point operators to install and operate ultra-fast charging stations at 100 km intervals across the state, and every 5 km in metropolitan areas. Wagga Wagga will be one of the locations on the NSW Government’s recently announced ‘EV super-highways’ with BP (Gumly Gumly) having one 360kW charging unit to service two bays and one 150kW charging unit to service two bays. Tesla (at Glenfield) will have 6 bays and each charging bay will have a rated output of at least 250kW, with 2 bays having a rated output of 350kW.

NSW Government actions- EV fast charging network

When the NSW Government opened it’s ‘Drive Electric NSW EV charging site host expressions of interest’ Council promoted the opportunity to local businesses and also submitted four Council sites for consideration. This information was provided to the private companies participating in the ‘Drive Electric NSW fast charging grants’. These companies did not wish to pursue the Council sites at this time.

The NSW Government has produced a ‘Fast Charger Master Plan map’ which analysed a number of key variables to determine the optimum locations and numbers of chargers in NSW. The Master plan indicates the following for Wagga Wagga:

Existing plugs 2022	Number of plugs 2023	Number of plugs 2026	Number of plugs 2031
4	4	14	75
Zone substation installed capacity 2021 – 29.2 MVA		Zone substation available capacity 2021 – 98 MVA

The existing fast chargers indicated in the table above are from when Council partnered with NRMA to allow installation of an EV fast charger at the Cross-Street Carpark in central Wagga Wagga and two additional chargers that EVIE installed at Tarcutta.

While the NSW Government are announcing significant investment in public chargers it is anticipated that additional chargers (fast and ultra-fast) will likely be installed at petrol stations, service centres, supermarkets etc and will be market driven. Companies such as Ampol, BP, Red Rooster and Hungry Jacks have already been announced their intentions to do so.

NSW Government actions- EV destination charging network

The NSW Government are investing $20 million to assist eligible Regional NSW Destinations by co-funding the purchase and installation of EV chargers. The grants will encourage the growth of the EV market by:

· Overcoming range anxiety through a widespread EV charging network

· Supporting EV-ready regional destinations across the state

· Supporting the continued growth of our visitor economy

· Ability to cater for an increasing number of EV drivers

When these grants were announced, Council staff promoted the program to local businesses and have also prepared a draft application for co-funding to install a total of six EV charging stations the following Council sites:

· O’Reilly Street Carpark

· Apex Park Lake Albert

· Visitor Information Centre

· Museum of the Riverina

· Bolton Park/Oasis

Applications close on 11 November 2022. Due to the commercial in confidence pricing information, further detail on this is provided under separate cover.

NSW Government actions- vehicle uptake

As part of the NSW Electric Vehicle Strategy the Government is providing rebates of $3000 for the first 25,000 EVs sold in NSW (for under $68,750). These rebates are designed to encourage EV uptake and are targeted to the cars more people can afford.

The NSW Government has also removed stamp duty from EVs under $78,000 (purchased after 1 September 2021) and from all other EVs and plug-in hybrids from 1 July 2027 or when EVs make up at least 30% of new car sales, at which time a road user charge will also be introduced.

NSW Government actions- grid infrastructure

As mentioned earlier in this report, increased numbers of EVs will eventually put demand on the electricity grid as more vehicles are plugged in to charge. The NSW Government have committed to ensuring that the increase in EV uptake is appropriately integrated with the electricity system, including with rooftop solar, batteries, and with smart chargers to manage the impact on peak electricity demand. With bidirectional charging capabilities, EV batteries can help support the grid at peak demand times in the future.

NSW Government actions- EV ready development

For single-unit dwellings it is not technically difficult to install an EV charger at a later date. However, the majority of large commercial buildings and multi-unit dwellings are not currently designed in a way that easily accommodates the installation of charging infrastructure. They often lack the necessary wiring, electrical infrastructure and accessible space needed to install charging infrastructure. Retrofitting EV infrastructure into existing buildings can be expensive and technically challenging. Depending on the size, layout and age of the building, this can cost approximately $75,000 for an apartment building with 20 car spaces. Ensuring that EV electrical infrastructure is built-in when a building is under construction is much cheaper and can save owners at least 75% for the same building size if planned for upfront.

The NSW Government has recently released the new ‘Sustainable Buildings SEPP’ which closely aligns with the revised National Construction Code. From October 2023 all new buildings and precincts have to be constructed and wired to be ‘EV ready’.

Local Government’s role

Local Governments are not obligated to take a leading role in the public’s transition to zero emission vehicles; nor is it necessary for Councils to facilitate large numbers of fast chargers out in the public domain; however they do have the opportunity to accelerate electric vehicle uptake through various initiatives such as:

· Installing public electric vehicle charging infrastructure

· Future-proofing the built environment through planning

· Transitioning Council fleets

· Requiring contractors to have EV fleets

· Setting and meeting sustainability targets

· Promoting opportunities to local businesses

· Educating residents on the benefits of EVs

· Enforcing incorrect use of EV charging spaces

EV parking

To maintain fair and equitable treatment of all drivers, staff do not recommend marking special parking bays to be set aside for electric vehicles unless they are ancillary to an actual EV charger.

Council staff are seeking endorsement to apply for the NSW Destination EV Charger grants which, if successful would see these dedicated spaces go into a number of popular sites around Wagga Wagga. These sites would have appropriate line marking and signage to enable enforcement. While NSW does not currently have a specific infringement dedicated to this, other states do, and it is anticipated that NSW will soon follow suit.

Summary of Council actions

Wagga Wagga City Council has undertaken the following actions to date:

· Committed to Corporate and Community Net Zero Targets

· Partnered with NRMA to provide a fast charger in central Wagga Wagga

· Promoted the NRMA Drive Days hosted in Wagga Wagga to the public

· Submitted an EOI to host fast-charging sites under the Drive NSW EV program and promoted the opportunity to local businesses

· Developed a Council Fleet Transition Plan

· Purchased one electric pool vehicle and five hybrid vehicles

· Submitted a bid under the NSW Fleet Incentives program to help fund the transition of two additional EVs in the Council fleet

· Sent letters to national fuel providers and local independent fuel providers to consider their Wagga Wagga sites for EV charging provision

· Prepared a submission to the NSW Destination EV Charging Grants and promoted the opportunity to local businesses

Future Council actions

It is recommended that Wagga Wagga City Council undertake the following actions:

· Provide the community with additional information on EVs and promote grants and incentives

· Implement the planning controls for EV ready development

· Apply for the NSW Destination EV Charging Grants

· Continue to promote grants and funding opportunities to local businesses

· Continue to implement Council’s Fleet Transition Plan

· Develop an EV Charging on Public Land Policy for consideration

Other Councils with an adopted EV charging policy include:

· City of Darebin

· Greater Dandenong Council

· Hornsby Shire Council

· Maribyrnong City Council

· Moreland City Council

· Northern Beaches Council

· Northern Rivers Council

· Parramatta City Council

· Waverley Council

· Woollahra Council

Financial Implications

In relation to the proposed NSW Destination EV Charging grant application, it is anticipated that charging stations would be operational by mid-2023. A user-pays charging structure should be determined and adopted as part of Council’s 2023/2024 Fees and Charges.

Please see the attachment provided under separate cover for further details.

Policy and Legislation

Wagga Wagga City Council Corporate NZE 2040 Strategy

Wagga Wagga Community NZE 2050 Target

Wagga Wagga Local Strategic Planning Statement 2040

NSW Electric Vehicle Strategy

NSW Net Zero Plan

National Electric Vehicle Strategy

Climate Change Act 2022

Link to Strategic Plan

The Environment

Objective: Wagga Wagga is sustainable, liveable, and resilient to the impacts of climate change

Support and empower our community to reach 50% reduction in emissions compared to 2005 levels by 2030 and to achieve Net Zero Emissions by 2050

Risk Management Issues for Council

Council needs to consider the potential financial risks involved in providing electrical vehicle chargers in public spaces, as well as potential reputational risks for not being proactive in this issue.

Internal / External Consultation

N/A

Attachments

1 .

EV Destination Charger Grants - Confidential Information

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 7 November 2022

RP-3

RP-3 PLANNING PROPOSAL (LEP21/0001) 456 AND 474 PLUMPTON ROAD, ROWAN - AMENDMENT TO LAND ZONING, MINIMUM LOT SIZE AND URBAN RELEASE AREA PROVISIONS OF THE WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010

Author: Crystal Atkinson

Executive: John Sidgwick

Summary:

Council is in receipt of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010 to achieve the following:

1. Rezone land from RU1 Primary Production to R5 Large Lot Residential and RE1 Public Recreation

2. Reduce the minimum lot size from 200 hectares to 1,000m²

3. Introduce urban release area provisions

The purpose of the planning proposal is to provide additional residential land immediately adjoining the existing large lot residential area.

In response to further assessment, amendments are recommended to the applicant’s proposal.

Recommendation

That Council:

a support planning proposal LEP21/0001, with amendments identified in the report, to amend Wagga Wagga Local Environmental Plan 2010 land zoning, minimum lot size and urban release area provisions

b submit the planning proposal LEP21/0001, with Council’s amendments, to NSW Department of Planning and Environment for Gateway Determination

c finalise the Wagga Wagga Development Control Plan 2010 amendment controls that reflect the development objectives identified

d endorse the amendment to the Wagga Wagga Development Control Plan 2010 for public exhibition alongside the Wagga Wagga Local Environmental Plan 2010 amendment once Gateway Determination is received

e endorse the contribution framework rates to fund identified infrastructure upgrades to be exhibited alongside the Wagga Wagga Local Environmental Plan amendment once Gateway Determination is received

f receive a further report considering the feedback from the community consultation

Council Resolution, 11 October 2021

At the ordinary meeting of Council on 11 October 2021, Council resolved to provide in-principle support for the planning proposal as follows:

That Council:

a provide in principle support for planning proposal LEP21/0001 to amend the Wagga Wagga Local Environmental Plan 2010 land zoning, minimum lot size and urban release area and urban release area provisions

b prepare an addendum to the application to address statutory requirements and site-specific matters

c prepare an amendment to the Wagga Wagga Development Control Plan 2010 to incorporate site-specific controls relevant to the site to be exhibited alongside the planning proposal

d require infrastructure servicing plans to be prepared and supported by a defined infrastructure contributions framework that identifies infrastructure upgrades and funding to be exhibited alongside the planning proposal

e receive a further report for endorsement of items (b), (c) and (d) above prior to submission to NSW Department of Planning, Industry and Environment for Gateway Determination

A similar resolution has been given to the area known as Rowan Village located west of the Sunnyside site.

Application details

Submitted Proposal	Council is in receipt of a planning proposal (LEP21/0001) for land at 456 and 474 Plumpton Road, Rowan to: 1. Rezone the land from RU1 Primary Production to R5 Large Lot Residential and RE1 Public Recreation 2. Reduce the minimum lot size from 200 hectares to 1,000m² 3. Introduce urban release area provisions
Applicant	Planned – Town Planning Solutions: Owner / Senior Town Planner – Elizabeth Slapp on behalf of Sunnyside Ventures Pty Ltd Director – Daniel McMillan
Landowners	Refer to confidential attachment.
Council Addendum	In response to further assessment, the preparation of infrastructure servicing plans and high-level structure planning, an addendum to the submitted proposal is proposed to achieve the following: 1. Rezone the land from RU1 Primary Production to R1 General Residential 2. Remove the 200-hectare minimum lot size provisions 3. Introduce urban release area provisions

Submitted Proposal

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

1. Rezone land from RU1 Primary Production to R5 Large Lot Residential and RE1 Public Recreation

2. Reduce the minimum lot size from 200 hectares to 1,000m²

3. Introduce urban release area provisions

The purpose of the planning proposal is to provide additional residential land immediately adjoining the existing large lot residential area and is currently zoned RU1 Primary Production and used for agricultural purposes.

The site is identified as 456 and 474 Plumpton Road, Rowan. The site is located west of Plumpton Road and is a direct extension of the Springvale large lot residential area located on Lloyd Road, Springvale. The site is approximately 110 hectares and will extend the southern fringe of the city. Figure 1 shows the site and location.

Map

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Figure 1: Site and Location

Source: Prepared by staff

The changes proposed in the application will be achieved by amending the land zoning, minimum lot size and urban release area provisions of the WWLEP.

The planning proposal is accompanied by an Urban Design Report (Attachment 2) providing vision, site analysis and master plan for the site (figure 2). The Master Plan in Figure 2 has been used as the basis and foundation for the Urban Design Report and does not include the extended and wider precinct area that has been investigated and is shown in Figure 3. The wider precinct investigation was requested following submission of the initial planning proposal. The key outcomes of the wider precinct, especially connectivity, have been incorporated in the proposed Draft Development Control Plan.

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Figure 2: Master Plan

Source: Urban Design Report, SIVA Projects

In addition to planning for the subject site, the master plan considers urban extension for a broader area and considers the potential for other areas to be rezoned (figure 2).

Figure 3 provides indicative layout for future development including connecting roads. The potential connecting roads extend from Redbank Road in the East through to Holbrook Road in the West. Rowan Road on the southern boundary is not relied on or required to provide supporting connections across the potential future urban areas. This connectivity is reinforced and detailed in the high-level structure plan and draft DCP provisions discussed below.

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Figure 3: Urban Extension

Source: Urban Design Report, SIVA Projects

Council Addendum

In response to further assessment, the preparation of infrastructure servicing plans and high-level structure planning, an addendum to the submitted planning proposal is proposed. The addendum will achieve the following:

1. Rezone land from RU1 Primary Production to R1 General Residential and RE1 Public Recreation

2. Remove 200 hectares minimum lot size

3. Introduce urban release area provisions

The amendments proposed will provide for development that can increase the diversity in housing sizes and types and make more efficient use of infrastructure upgrades and provision.

The proposed addendum will be achieved by amending the LEP as shown in figures 4, 5 and 6. The key considerations detailed below provides further commentary to support the proposed addendum.

Graphical user interface, application

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Figure 4: Land zoning amendments

Source: Prepared by Council staff

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Figure 5: Lot size amendments

Source: Prepared by Council staff

Graphical user interface, application

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Figure 6: Urban release area amendments

Source: Prepared by Council staff

Key Considerations

A review of the planning proposal indicates the site has strategic merit for urban development based on the following:

1. The site can be developed to provide residential accommodation to meet the projected population growth identified in Council’s adopted Local Strategic Planning Statement (LSPS).

2. The site is a direct extension of the existing urban fringe of the city.

3. The site is low agricultural grade.

Key considerations for the planning proposal and Council’s addendum are detailed below:

1. Council’s Vision or Strategic Intent

There is a strong commitment through local and regional policy to find a balance between growth, the natural environment, sustainability, and liveability whist enabling Wagga Wagga to emerge as the southern capital of NSW.

· Riverina Murray Regional Plan 2036 and draft Riverina Murray Regional Plan 2041

The Riverina Murray Regional Plan 2036 (RMRP) and draft Riverina Murray Regional Plan 2041 (DRMRP) outlines a vision to promote the growth of regional cities and local centres and identifies the significance of aligning infrastructure planning with land release areas.

The DRMRP highlights that rural residential development can support growth, but needs to avoid unnecessary and irreversible impacts such as placing pressure on infrastructure and services, resulting in an economic burden on Councils and restricting future urban growth opportunities due to multiple landowners and competing priorities.

The amendments proposed in the application will create opportunities for growth, however, they will not provide for efficient infrastructure provision in the large lot residential setting proposed and will create a barrier to further growth in the future.

Council’s addendum will facilitate general residential and smaller lots to align with infrastructure provision that considers the long-term provision of housing with infrastructure and services.

· Wagga Wagga Spatial Plan 2013-2043

Whilst the Planning Proposal refers to, and in part, relies upon, the Spatial Plan, this has been superseded by the LSPS. The LSPS was adopted on 8 February 2021 prior to the lodgement of the Planning Proposal.

Each of the action items identified in the Spatial Plan have been considered in the LSPS. The site was originally identified within Area 5 of the Spatial Plan with an action statement that “the rezoning of this land should be done in conjunction with the planning and investigation of the identified ‘potential road connection’… the zone and minimum lot size will be considered after the outcomes of the residential study are known.”

This Action has not been included in the final adopted LSPS. Planning and investigation of the potential road connection has not occurred, and Council is yet to prepare a local housing strategy. In the absence of this work being completed, the planning proposal is considered on its merits and the current land supply and demand pressures for housing. In addition, investigation of the site and broader surrounds indicates a logical location for any future “bypass” road, if required, to be south of the existing electricity easement that forms the southern boundary of the site.

· Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

The LSPS maps the Northern Growth Area as the area that will be focused on for growth by Council through structure planning and urban release. The site identified in this proposal is not part of the Northern Growth Area, however the LSPS provides avenues for consideration of growth outside of the Northern Growth Area (Principle 7).

The plan requires infrastructure provision and capacity to be managed and prioritised in decision making for growth and infill and ensure broader considerations and precinct wide planning is undertaken rather than ad-hoc planning that results in unsustainable outcomes.

Identifying a Southern Growth Area (SGA) and undertaking precinct wide infrastructure and structure planning will ensure growth and infill occurs in a sustainable manner. This planning will address the pressures currently being placed on Council to both release land in the Southern Growth Area and increase development options within the existing large lot residential fringe.

2. Southern Growth Area

On receipt of the Sunnyside proposal, the proponent was asked to assess infrastructure capacity and development connectivity for further urban release areas west and east of the subject site (Rowan Village and Remaining URA identified on Figure 7) and intensification of the large lot residential area north of the site (SGA Infill area identified in Figure 7).

Council has also provided in-principle support for a planning proposal for Rowan Village and is receiving pressure to reduce minimum lot sizes within the identified SGA Infill area.

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Figure 7: Southern Growth Area

Source: Prepared by Council staff

3. Current Strategic Planning Projects

Several projects are progressing that have been considered in the assessment and determination of identifying and planning for the Southern Growth Area (SGA).

· Northern Growth Area (NGA)

The NGA is identified as they key urban release area to provide housing to support the vision for the city to reach 100,000 people. This project is a Council led project that will provide integration with CSU and maintain an appropriate interface with the Bomen Special Activation Precinct. The project is also reliant on resourcing being available to complete the work, particularly technical studies.

Progress on the NGA is less advanced and will not see land available for development of housing for a minimum of 5 years. The SGA will provide housing supply in the interim and enable the detailed planning for the NGA to occur.

· Residential Housing Strategy

The Residential Housing Strategy will be a key document that will look at housing supply and demand and determine the housing needs of our community. Like the NGA, this project requires resourcing to be able to complete the work. Council has applied for grant funding to provide the resourcing required.

In the interim, the planning for the SGA has considered the housing needs of our community and will address this through the encouragement of diversity in housing types and sizes and ensuring the social and physical infrastructure can support the community needs.

· CBD Master Plan

The CBD Master Plan is progressing, with resourcing currently available. This project will identify options for increasing residential accommodation within the city centre setting. This type of housing will provide a balance between urban release growth within the NGA and SGA as this type of housing alone cannot cater for the population vision of 100,000.

· Housing Provision

The project identified above will provide an opportunity for a mix of housing types and locations to be available within the city. This mix will ensure we are not relying on one growth front alone and we are balancing urban release with infill development opportunities.

4. Infrastructure

Building on the LSPS priority for infrastructure planning, the capacity of the existing infrastructure network has been considered and the ability for the existing networks to service the growth proposed.

· Stormwater

Council has considered the stormwater reports submitted with the application and modelled the stormwater impacts and requirements to determine an appropriate network of stormwater infrastructure to cater for growth within the Southern Growth Area precinct.

The network relies on existing natural waterways that flow north and north-east connecting to Lake Albert.

· Sewer

Council engaged Stantec to undertake citywide sewer network modelling to understand the demand on sewer infrastructure expected from growth within the SGA. Developer charges have been based on this modelling and consideration of sewer charges across the city.

· Water Supply

The Sunnyside estate is currently serviced by an existing water main and the land is at an elevation that can be serviced by Riverina Water County Council (RWCC) and the Council has water supply capacity for the anticipated growth to 100,000 as identified in the LSPS.

The Southern Growth Area cannot be serviced by the existing system in its current configuration and would require upgrades at development application stage to increase supply, upgrade the water main network, water pump stations and reservoir storage capacity.

· Traffic

Council has undertaken traffic modelling to consider the existing performance of 14 intersections and their associated road corridors and what the level of service will be because of development in the SGA. From this, intersection and road corridor upgrades were modelled to determine appropriate upgrades required to accommodate growth in the SGA.

· Utilities

Other infrastructure networks and services, including electricity, public transport, waste management / recycling, health, education, and emergency, are established in the local area and accessible to the Southern Growth Area. The applicant may elect not to implement gas infrastructure as part of sustainability measures; however, Council does not have a policy restricting gas infrastructure and connection to the site is possible if required.

· Recreation, Open Space and Community facilities

The recreation, open space and community requirements are based on Council’s adopted Recreation, Open Space and Community (ROSC) Strategy guiding principles and include 5 parks and 1 local sportsground with a total of 34 hectares and additional natural areas.

5. Biodiversity

The Planning Proposal was accompanied by a preliminary Biodiversity Assessment. The draft BDAR presented the results of the NSW Biodiversity Assessment Method 2020 (BAM) to assess the significance of the impacts on biota listed as threatened under the NSW Biodiversity Conservation Act 2016 (BC Act). It also includes assessment of potential impacts on Matters of National Environmental Significance (MNES) listed pursuant to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The final BDAR has been received identifying a total clearing of 2.39 hectares of PCT277 Zone 1 that will generate an offset liability of 41 PCT277 ecosystem credits and 27.83 hectares of Little Eagle breeding habitat generating 96 Hieraaetus morphnoides Little Eagle species credits. The proponent will be required to undertake one of the following as part of the Development Application / Construction process to be able to develop:

· identify and purchase the required ‘like for like’ credits in the market and retire those credits

· use the offsets payment calculator to determine the cost of its credit obligation, and transfer this amount to the Biodiversity Conservation Fund

Consideration of biodiversity impacts at a precinct scale is integral to ensuring there isn’t incremental clearing that collectively has significant impacts without appropriate offsetting. The BDAR outcomes are detailed within the proposed DCP amendment to ensure the total clearing identified within the BDAR submitted forms part of the development assessment and clearing is considered cumulatively rather than individually at each stage of the development.

A key outcome of the biodiversity retention identified in the BDAR is retention of large pockets and corridors of vegetation and the removal identified relates to isolated scattered trees.

6. Development Control Plan amendment

As the site will be an urban release area, if the LEP amendments are supported, a DCP needs to apply to the site prior to subdivision approval being considered. The DCP amendment for this site covers key matters such as connectivity, development fronting open space and the location and standards for provision of open space.

In response, Council has prepared a high-level structure plan (Figure 8) to form part of the DCP provisions for both Sunnyside and the area known as Rowan Village west of Sunnyside. This structure plan considers social and physical infrastructure provisions required for the Southern Growth Area, existing vegetation, and environmental features. The proposed DCP changes have been established to guide development assessment and achieve the following:

· Linear open space / habitat corridors

· Open space located where existing vegetation is located to reduce clearing

· Central hub of community, commercial and open space activities

· Open space within a 500m catchment of housing

· Perimeter / boundary road network to ensure frontage to collector roads

· Connectivity through to infill area to the north

· East-west and north-south collector road connections

· Shared path network connecting to existing Active Travel Path connections

· Co-location of natural waterways, stormwater management and linear open spaces

· Restriction of access to Rowan Road to ensure the development doesn’t create pressure on Council to seal the road

The draft DCP amendment can be viewed by visiting Southern Growth Area page. The draft amendment identifies the development objectives to be achieved for the site and potential development controls to achieve the objectives. These controls will be further refined to ensure they will deliver the objective outcomes.

Diagram

Description automatically generated with medium confidence

Figure 8: Southern Growth Area

Source: Prepared by Council staff

7. Contributions Framework

Urban release areas require the establishment of a contributions framework to ensure growth occurs in an efficient and sustainable manner, can be funded and construction programmed. The framework will enable Council to collect contributions from development to fund the provision, extension or augmentation of public services and amenities that will, or are likely to be, required because of the development.

Contribution rates are identified below and have been developed based on the infrastructure planning and modelling outlined above and have been informed by the plans for new growth. The rates will be exhibited alongside the planning proposal. Full details are provided in the technical memorandum provided by Stantec and memorandum prepared by Council’s Contributions Coordinator available by visiting Southern Growth Area page.

· S64 – Stormwater / Sewer

Stormwater = $4,281.00

Sewer = $4,481.00

· S711 – Local Infrastructure Contributions

$20,000.00

Conclusion

The planning proposal, with Council’s addendum, has demonstrated strategic planning merit and is consistent with the vision and outcomes provided in the LSPS. The SGA will provide housing supply whilst the work for the NGA and Residential Housing Study is undertaken.

Financial Implications

In accordance with Council’s 2020/21 Fees and Charges, a Major LEP Amendment has a total application fee of $44,000. The proponent has paid these fees. In addition, a DCP Amendment has an amendment fee of $23,000 is applicable and has been paid by the proponent.

The LEP amendments, if supported, will result in new development on the subject land in the future. This places infrastructure and financial demands on Council.

The Contributions framework has identified infrastructure requirements and rates for contributions to be applied when development occurs. These rates will be exhibited alongside the planning proposal.

As Section 7.11 contributions are capped at $20,000 per lot. This will see a funding gap of $7,717 per lot or $42.5 million over the full 5,500 lots for roads, shared paths, open space, and community assets. Council has applied for grant funding under the Accelerated Infrastructure Fund – Round 3 and if successful, this will result in the infrastructure requirements for the area being fully funded.

If the grant funding is only partially successful or unsuccessful, funding of the infrastructure requirements gap will need to be identified. A subsequent report will be presented to Council outlining potential funding options once the results of the grant funding application has been announced.

Planning Proposal Documents

The following documents relating to the planning proposal can be found by visiting the Southern Growth Area page. Alternatively, you can use the links below for each document.

1. LEP21/0001 – Planning Proposal

2. LEP21/0001 – Urban Design Report

3. LEP21/0001 – Urban Design Strategy

4. LEP21/0001 – Preliminary Assessment Report and Intended Proposal

5. LEP21/0001 – Draft Biodiversity Assessment

6. LEP21/0001 – Sewerage Report

7. LEP21/0001 – Estate Stormwater Report

8. LEP21/0001 – Electrical Report

9. LEP21/0001 – Traffic Report

10. LEP21/0001 – Precinct Stormwater Design Strategy

11. LEP21/0001 – Precinct Sewerage Considerations

12. LEP21/0001 – Precinct Traffic Considerations

13. LEP21/0001 – Precinct Water Supply Considerations

14. LEP21/0001 – State Environmental Planning Policies

15. LEP21/0001 – Section 9.1 Directions

16. LEP21/0001 – Draft Wagga Wagga Development Control Plan 2010 Amendment

17. LEP21/0001 – Technical Memorandum – Wagga Wagga Developer Servicing Plan – Sewer and Stormwater

18. LEP21/0001 – Southern Growth Area – Contributions Framework memorandum

19. LEP21/0001 – Final Biodiversity Development Assessment Report

Policy and Legislation

Environmental Planning and Assessment Act 1979

Wagga Wagga Local Strategic Planning Statement – Wagga Wagga 2040

Wagga Wagga Local Environmental Plan 2010

Link to Strategic Plan

The Environment

Objective: Future growth and development of Wagga Wagga is planned for in a sustainable manner

Ensure sustainable urban development

Risk Management Issues for Council

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

Internal / External Consultation

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

Internal consultation and collaboration for this planning proposal is the most extensive to date. The outcomes identified through high-level structure planning is the result of this internal consultation.

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Attachments

Land owner details

This matter is considered to be confidential under Section 10A(2) of the Local Government Act 1993, as it deals with: personnel matters concerning particular individuals. - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 7 November 2022

RP-4

RP-4 UPDATE TO FEES AND CHARGES TO REFLECT AMENDED PLANNING PROPOSAL GUIDELINES - POST-EXHIBITION

Author: Chloe Boyd

Executive: John Sidgwick

Summary:

At its Ordinary Meeting on Monday 22 August 2022, Council resolved to publicly exhibit new and updated fees and charges to reflect recent updates to the planning proposal process.

The changes will align Council’s Fees and Charges to the current Department of Planning and Environment Local Environmental Plan Making Guideline, making it clearer for applicants to understand which fees apply to their planning proposal. The changes will also recognise basic planning proposals that have minimal impacts, and establish a fee for the new, formal pre-lodgement phase outlined by the Guideline.

The restructure of the LEP amendment fees will not result in an increase in the maximum possible fee for planning proposals, as the proposed new charges have been drawn from the existing phases and the costs redistributed to be no greater than they are currently.

The proposed fees and charges were placed on public exhibition from 23 August 2022 to 20 September 2022 (inclusive).

The purpose of this report is to provide feedback on the public consultation. The report also requests the new and updated Fees and Charges be adopted and implemented by Council.

Recommendation

That Council:

a note the results of the public exhibition for the new and updated fees and charges for planning proposals

b adopt the new fees and charges within Council’s 2022/23 Fees and Charges, with the new fees to commence on 28 November 2022

Report

1. Introduction

In December 2021, the NSW Department of Planning and Environment released a revised Local Environmental Plan Making Guideline (this has since been updated to a September 2022 version – see Attachment 1). The Guideline provides a detailed explanation of the steps of the NSW Local Environmental Plan making process to assist and guide councils, communities, State agencies, proponents, and practitioners. Following a review of the updated Guideline, Council has identified that two key changes to the fees and charges for LEP amendments would enhance the clarity and transparency of fees associated with the planning proposal process and better reflect the revised process established by the Department.

2. Proposed Updates

Currently, Council classifies planning proposals into categories which are based on Council’s own definition. The proposed update will introduce a third category of planning proposal (basic planning proposal, in addition to the existing standard and complex categories) to align with the Guideline. Council will also classify planning proposals based on the definitions in the Guideline. Aligning the planning proposal classifications will make it simpler and clearer for both applicants and Council to understand the timeframes, requirements, resources and fees needed to undertake a planning proposal.

The second update seeks to introduce a fee for the new, pre-lodgement stage, in which the applicant lodges a scoping proposal with Council. The scoping proposal is a preliminary document that enables Council to provide formal advice on the supportability of a proposal and identify future planning proposal requirements if the proposal is supported. The introduction of a scoping proposal fee within all three planning proposal categories will enable Council to levy a fee for the work required to undertake an initial assessment and provide written advice to the applicant. This should also ensure that any scoping proposals lodged with Council have been carefully considered prior to lodgement.

The pre-lodgement process has historically been provided free to all applicants on a more informal basis. The introduction of the fee and the process outlined in the Guideline will formalise the existing process. The opportunity for applicants to meet with Council and discuss potential scoping proposals will remain free-of-charge and unlimited in number.

3. No increase on existing fees

While the updates would introduce a new fee to the two existing categories of planning proposals, the overall maximum fee for that type of planning proposal will not increase.

The $5,000 fee for scoping proposals in each category has been drawn from the fees for the existing planning proposal stages, redistributing the costs to ensure that the maximum possible charge does not change for applicants. This indicates that the scoping proposal adds to the planning proposal process, rather than adding an additional fee.

4. Broader updates to complement the updated Fees and Charges

Council’s website has been updated to reflect the Guidelines, to ensure clear messaging around the planning proposal process updates are provided to the community and applicants. Council’s internal processes will also be updated to allow easy and efficient implementation of the updated fees and lodgement of scoping proposals – this has been commenced and will be finalised once the changes are endorsed and adopted by Council. This will ensure a holistic approach is undertaken to the updated planning proposal process, with the updates to Council’s Fees and Charges just one part of this approach.

Financial Implications

The introduction of a scoping proposal fee may reduce the overall number of planning proposals lodged and subsequent revenue, as the advice provided by Council will be clear on whether support is likely to be provided for the proposal. This is considered to be a good outcome for the broader community.

It is noted that Council does not rely exclusively on income generated by planning proposals and the proposed changes will not alter the anticipated income from planning proposals each financial year. The number of planning proposals lodged each financial year varies and is difficult to predict.

The introduction of a basic planning proposal category will provide a more feasible option for applicants seeking a minor variation to Council’s Local Environmental Plan, subject to in-principle support being provided as part of the scoping proposal process.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Local Government Act 1993

Chapter 15, Part 10, Division 1:

· Section 608 Council fees for services

Chapter 15, Part 10, Division 2:

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

Chapter 15, Part 10, Division 3:

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

· Section 610F Public notice of fees

Local Government (General) Regulation 2021

Regulation 201 Annual statement of council’s revenue policy

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga City Council leads through engaged civic governance and is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service

Provide professional, innovative, accessible and efficient service delivery

Risk Management Issues for Council

The provision of a fee for the scoping proposal phase may increase the number of scoping proposals received. This may place additional strain on existing Council resources.

The provision of a fee for the scoping proposal process may also mean less planning proposals are lodged, which may result in a loss of revenue for Council.

Updating Council’s Fees and Charges requires consultation with the community to understand any concerns they may have. Educating the community and industry about the proposed changes and guiding them through the process once the changes are finalised is an important but often resource-intensive task that may impact Council resourcing for a short period.

Internal / External Consultation

The proposed changes were publicly exhibited from 23 August to 20 September 2022.

The relevant documents were made available on Council’s website and the Connect Wagga page. A Council News advertisement was also run during the exhibition period, advising the community of the proposed changes on exhibition.

During the public exhibition period, no submissions were received.

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Report submitted to the Ordinary Meeting of Council on Monday 7 November 2022

RP-6

RP-6 Community Engagement Strategy 2022

Author: Michael Casey

Executive: Scott Gray

Summary:

This report advises Council on the outcome of the public exhibition process for the draft Community Engagement Strategy 2022. The draft Community Engagement Strategy 2022 is presented to Council for endorsement, following public exhibition.

Recommendation

That Council:

a note that there were no public submissions received during the exhibition period for the draft Community Engagement Strategy 2022

b adopt the draft Community Engagement Strategy 2022

Report

Council resolved on 5 September 2022 to place the draft Community Engagement Strategy 2022 on public exhibition for a period of 28 days from 6 September 2022 to 3 October 2022 and invite public submissions until 3 October 2022.

During the submission period, no public submissions were received.

It is recommended that Council adopt the draft Community Engagement Strategy 2022 as exhibited.

Financial Implications

N/A

Policy and Legislation

N/A

Link to Strategic Plan

Community leadership and collaboration

Objective: Our community is informed and actively engaged in decision making and problem-solving to shape the future of Wagga Wagga

Ensure our community feels heard and understood

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

The draft Community Engagement Strategy 2022 has been reviewed internally by staff and Council’s Executive Team.

The draft strategy was endorsed by Council on 5 September 2022 and placed on public exhibition for a period of 28 days from 6 September 2022 to 3 October 2022 and invite public submissions until 3 October 2022.

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