Agenda of Ordinary Meeting of Council - Monday, 6 November 2023

Reports submitted to the Ordinary Meeting of Council to be held on Monday 6 November 2023.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 6 November 2023

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 2

REFLECTION 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 23 OCTOBER 2023 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 DA19/0665.02 - Demolition of Existing Structures, Tree Removal and Construction of Hardware and Building Supplies, Garden Centre and Ancillary Cafe - Modification to Permit Light Vehicle Egress, 64 Pearson St, Wagga Wagga 3

RP-2 PARKS NAMING POLICY (POL 055) 11

RP-3 Blake Street Developer Contributions - Works in Kind Agreement (WIKA) + Local Infrastructure Contributions Plan (LICP) Update 23

RP-4 PLAYGROUND STRATEGY 2023-2043 27

RP-5 RENEWAL OF COMMUNITY, CULTURAL AND SPORTING LEASE AND LICENCE AGREEMENTS EXPIRING PRIOR TO THE END OF THE 2023/2024 FINANCIAL YEAR 86

RP-6 Joint Sewer Connection at 41 & 43 Collins Street, Turvey Park - Private Works 91

RP-7 REQUEST FOR FEE WAIVERS - SECTION 356 96

RP-8 QUESTIONS WITH NOTICE 98

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 19 OCTOBER 2023 100

Confidential Reports

CONF-1 RFT2023-29 KESSLER PARK AMENITIES BUILDING DESIGN AND CONSTRUCT 111

CONF-2 RENEWAL OF LICENCE AGREEMENT - 131 FARRER ROAD, BOOROOMA 112

ACKNOWLEDGEMENT OF COUNTRY

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

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

REFLECTION

Councillors, let us in silence reflect upon our responsibilities to the community which we represent, and to all future generations and faithfully, and impartially, carry out the functions, powers, authorities and discretions vested in us, to the best of our skill and judgement.

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 23 OCTOBER 2023

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 23 October 2023 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - OC - 23 October 2023

113

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-1

Reports from Staff

RP-1 DA19/0665.02 - Demolition of Existing Structures, Tree Removal and Construction of Hardware and Building Supplies, Garden Centre and Ancillary Cafe - Modification to Permit Light Vehicle Egress, 64 Pearson St, Wagga Wagga

Author: Paul O’Brian

General Manager: Peter Thompson

Summary:

The subject application is an application to modify an existing Development Consent made under Section 4.55(2) of the Environmental Planning and Assessment Act 1979. The consent proposed to be modified is for the ‘Demolition of Existing Structures, Tree Removal and Construction Hardware and Building Supplies, Garden Centre and Ancillary Café’ at Lot 1 DP 798753, 64 Pearson Street, Wagga Wagga.

The subject development was approved (with a deferred commencement condition) with a condition (Condition C.5(i)) denying light vehicle egress to Pearson Street from the site. This restriction was imposed for road safety and efficiency reasons, following consultation with Transport for NSW.

The current application is seeking to modify the consent to remove Condition C.5(i), and to permit left-only light vehicle egress from the site to Pearson Street. An extension to the median network within Pearson Street is proposed as part of the application to support this egress and to give effect to the left-only proposal.

An application to modify a consent only enables a consent authority to consider the modification being made, and matters that directly relate to the modification. It does not empower a consent authority to reconsider other elements of the approved development, nor does it permit the imposition or removal of unrelated conditions.

Refusal of the modification application does not prevent the carrying out of the development as previously approved.

A full assessment of the application has been completed in accordance with Sections 4.55 and 4.15 of the Environmental Planning and Assessment Act 1979 including an assessment against the relevant provisions of the Local Environmental Plan 2010 and the Development Control Plan 2010 and is provided as an attachment to this report.

Recommendation

It is recommended that Council refuse modification application DA19/0665.02, to modify Development Consent DA19/0665 for ‘Demolition of Existing Structures, Tree Removal and Construction Hardware and Building Supplies, Garden Centre and Ancillary Café’ to permit light vehicle egress to Pearson Street, at Lot 1 DP 798753, 64 Pearson St, Wagga Wagga, for the following reasons:

a Without upgrade, the proposed development will result in increased and unacceptable traffic impacts on the road network, and in particular on the performance, efficiency and safety of the roundabout at the intersection of Pearson Street-Edward Street-Sturt Highway-Olympic Highway.

b Due to the traffic impacts on the local road network, Council cannot be satisfied of the matters set out in Section 2.119(2) of State Environmental Planning Policy (Transport and Infrastructure) 2021. In accordance with the requirements of the SEPP, if Council cannot be satisfied of these matters it must not grant consent to the modification application.

c Pursuant to Section 2.122(4)(b)(i) of State Environmental Planning Policy (Transport and Infrastructure) 2021, taking into consideration the comments made by Transport for NSW, the modification cannot be supported due to ‘the impact of the cumulative traffic generation resultant from the revised development on the safety, efficiency and ongoing operation of the existing roundabout at the intersection of Pearson Street, Edward Street (Sturt Highway) and Moorong Street (Olympic Highway)’.

d Pursuant to Section 2.122(4)(b)(iii) of State Environmental Planning Policy (Transport and Infrastructure) 2021, the modification cannot be supported as the proposed modification will result in increased and unacceptable traffic safety and road congestion impacts, particularly without upgrade to the intersection of Pearson Street-Edward Street-Sturt Highway-Olympic Highway.

e The development proposes an additional driveway to Pearson Street within 7m of a break in a median strip, inconsistent with control C5 of Section 2.1 of the Wagga Wagga Development Control Plan 2010.

f Impacts on the Pearson Street-Edward Street-Sturt Highway-Olympic Highway roundabout will accelerate the need for a substantial upgrade to this intersection, which would be at considerable cost to the community, and may result in removal of u-turn opportunities at this point. This is not considered to be in the public interest.

g To overcome the impacts on the intersection of Pearson Street-Edward Street-Sturt Highway-Olympic Highway, the applicant has proposed to signalise the intersection of Pearson Street and the Sturt Highway within five years. Funding of these works not been clearly identified. This arrangement and the upgrade relies on the agreement of Transport for NSW, and may rely on financial commitment from Transport for NSW, however, the modification is not supported by Transport for NSW.

h The proposed condition to secure upgrade of the intersection of Pearson Street-Edward Street-Sturt Highway-Olympic Highway does not address the road safety issues previously identified (such as traffic weaving from the exit point to the right lane at the roundabout) in the five year period until the intersection is upgraded, nor is it clear that the intersection upgrade would resolve these (post upgrade).

Development Application Details

Applicant	Phillip Drew, Bunnings Group Limited
Owner	Bunnings Properties Pty Ltd
Development Cost	$24,860,000
Development Description	Demolition of Existing Structures, Tree Removal and Construction Hardware and Building Supplies, Garden Centre and Ancillary Café – Modification to permit light vehicle egress to Pearson Street.

Report

Key Issue

Impact of light vehicle egress to Pearson Street on the safety and efficiency of the road network, and in particular, on the operation of the Pearson Street-Edward Street-Sturt Highway-Olympic Highway roundabout.

Site Location

The site, being Lot 1 DP 798753, 64 Pearson St, Wagga Wagga, is located on the south-western corner of the intersection of Pearson St and Sturt Hwy. The site also has frontage to the cul-de-sac head in Saxon St to the south.

The 4.67ha site is flat and generally rectangular. A small portion of land immediately on the Sturt Hwy-Pearson St intersection frontage is excised from the site and houses sewer infrastructure.

Pearson Street bounds the site to the east and is a four-lane road as it passes the site. To the north is the Sturt Highway, which also carries the traffic of the Olympic Highway at this point. At the western end of the site the Sturt Hwy is a two lane road, but diverges into a four lane road at eastern end of the site. Pearson Street and the Sturt Highway meet at a large two lane roundabout on the north-eastern corner of the site, with the Sturt Highway continuing east, and the Olympic Highway traffic diverting north at the roundabout onto Moorong Street, which is the northern extension of Pearson Street. Saxon Street is a two-lane road to the south, with the interface of the site with this street being a cul-de-sac head.

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Assessment

· DA19/0665 was approved by Council by way of deferred commencement on 10/12/21. The consent permitted light vehicle access to the site from Pearson Street and the Sturt Highway, and egress from the site to Saxon Street. A condition was imposed denying light vehicle egress to Pearson Street (condition C.5(i)) and the Sturt Highway (condition C.5(a)).

· Condition C.5(i) was imposed due to an assessment that a left-turn only exit from the site onto Pearson St for light vehicles would result in an increase in vehicles using the Pearson-Edward-Sturt-Olympic roundabout, and in particular the number of vehicles using the roundabout to do a u-turn to travel south. In addition, the proximity of the egress is such that existing vehicles wishing to turn right or u-turn at the site would need to weave through traffic over a short distance to reach the right lane.

· The provision of a right-turn exit from the Bunnings site would reduce the number of vehicles needing to u-turn at the roundabout, however, this option would present road safety issues, as it would result in a right turn movement across four lanes of traffic.

· The consent was subsequently amended pursuant to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 to delete condition C.5(a) and permit additional left-turn only light vehicle egress to the Sturt Highway.

· The consent was further modified pursuant to Section 4.55(1) of the Environmental Planning and Assessment Act 1979 to rectify a minor error in the timing of the deferred commencement condition.

· This modification application seeks to remove condition C.5(i) from the consent, and to include a left-only light vehicle egress from the site. In association with this, an extension to the median network in Pearson Street is proposed.

· The proposed modification was referred to Transport for NSW (TfNSW), as the site adjoins a classified road (i.e the Sturt Highway), and triggers the need for a referral under Clause 2.121 of State Environmental Planning Policy (Transport and Infrastructure) 2021 as ‘Traffic Generating Development’

· TfNSW provided a range of comments and concluded that:

Based on the submitted information TfNSW does not support the deletion of Condition C.5(i) due to the following reason:

o The impact of the cumulative traffic generation resultant from the revised development on the safety, efficiency and ongoing operation of the existing roundabout at the intersection of Pearson Street, Edward Street (Sturt Highway) and Moorong Street (Olympic Highway).

Council’s Traffic Engineer provided similar comments in relation to the proposed modification.

· At this point the Applicant requested that the modification application not be determined, and a review of the traffic report, prepared by a different consultant, was submitted.

· Following submission of this review, the modification application was still not supported by TfNSW.

· In response a further traffic assessment was submitted. This assessment concluded that background growth would result in the Pearson St-Sturt Hwy roundabout reaching capacity before 2034, and that “the proposed development is not the catalyst for the…roundabout operating above capacity in the future”.

· The amended report also recommended a new condition to address the need for an upgrade of the intersection as follows:

Prior to Issue of an Occupation Certificate (of the development inclusive of the proposed Pearson Street customer egress), the applicant shall submit to Council evidence of satisfactory arrangements that will guarantee the replacement of the existing 2 lane roundabout with a completed and operational signalised intersection within 5 years (60 months) of the Issue of the Occupation Certificate for the Bunnings Warehouse. The signalised intersection shall be designed and completed to be generally in accordance with the intersection configuration depicted at Figure 1 (page 11) in the document prepared by Stantec titled “Bunnings Wagga Wagga - Transport Assessment and Peer Review”, Ref 300304266, dated 4 August 2023.

· The condition, per the reasoning set out in the traffic report, is recommended to:

o provide stakeholders with certainty that the modification will not be implemented prior to confirmation that the necessary road network upgrades will occur, and therefore that the development will not exacerbate existing road network congestion.

· The amended study was referred to TfNSW who advised that they did not support the proposed modification for reasons including:

i) The proposed condition specifies construction of an intersection treatment for the future upgrade of an intersection of Edward Street and Pearson Street without evidence of consideration of alternative intersection options within the existing road network, justification for the selected treatment, or constructability and financial implications of the proposed treatment.

ii) The implementation of the proposed condition appears to rely on commitment from external parties including Transport for NSW. The condition appears to place time constraints and financial commitments on external parties that are not party to the development.

· Section 2.122(4)(b)(i) of SEPP (Transport and Infrastructure) 2021 requires that Council takes into consideration any comments made by TfNSW in relation to the proposed development. These comments have been taken into consideration and inform the recommendation of this report.

· Section 2.122(4)(b)(iii) of SEPP (Transport and Infrastructure) 2021 also requires that Council takes into consideration any potential traffic safety, road congestion or parking implications of the development. As discussed throughout this report, the proposed modification will result in increased and unacceptable traffic safety and road congestion impacts.

· Impacts on the intersection of Pearson St-Sturt Hwy have been identified, however, the modification is not supported by TfNSW. The proposed condition to address the impacts on the intersection would rely on the agreement of TfNSW. Imposing such a condition, where there is no clear evidence that the condition could be satisfied would constitute a constructive refusal. To be a valid condition, there needs to be a reasonable prospect that it could be satisfied.

· In addition, the proposed condition does not address the road safety issues previously identified in the five year period until the intersection is upgraded, nor is it clear that the intersection upgrade would resolve these (post upgrade).

· These matters have been taken into consideration and inform the recommendation of this report.

· Section 2.119(2)(b) of SEPP (Transport and Infrastructure) 2021 requires that Council must not consent to development on land that has frontage to a classified road unless it is satisfied that:

o The safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

§ the design of the vehicular access to the land, or

§ the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

· Based on the assessment of the development by TfNSW and Council, Council, as the Consent Authority, cannot be satisfied of the matters under s2.119(2)(b) of the SEPP, and cannot grant consent to the modification application.

· The development proposes an additional driveway to Pearson Street within 7m of a break in a median strip, inconsistent with control C5 of Section 2.1 of the Wagga Wagga Development Control Plan 2010.

· 14 public submissions were received following the public exhibition period.

· 13 of the submissions made reference either solely, or at least in part, to the traffic lights required by condition of consent in the original approval to be installed at the intersection of Bye and Pearson Streets. The modification application does not seek any amendment to conditions relating to the traffic lights, and is seeking amendment only to conditions preventing direct egress from the site to Pearson Street.

· A modification application under s4.55(2) of the Act does not allow the Council to revisit all elements of the consent. Any new conditions or changes to the consent must relate to the same ‘planning matter’. The planning matter under assessment in this modification application is the light vehicle egress to Pearson Street. The treatment of the intersection of Bye and Pearson Streets is not a matter for assessment.

· Other issues raised in submissions related to the design of the approved access to the site from Pearson Street, which is also not a matter of consideration under this application, and the design of the median system for the proposed egress. The latter is addressed in the attached assessment report.

· The proposed modification is considered to result in unacceptable traffic impacts, is inconsistent with the requirements and matters for consideration under SEPP (Transport and Infrastructure) 2021, and is not in the public interest.

· As such, the modification application is recommended to be refused for the reasons set out in the recommendation of the report.

Financial Implications

N/A

Policy

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control 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

Approval of the application will result in a development that does not comply with the provisions of State Environmental Planning Policy (Transport and Infrastructure) 2021, would be contrary to the position of Transport for NSW, and would result in unacceptable traffic safety and efficiency impacts, particularly the Pearson Street-Edward Street-Sturt Highway-Olympic Highway intersection.

Internal / External Consultation

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)
N/A

Attachments

1.	DA19/0665.02 - Section 4.55 and 4.15 Assessment Report - Provided under separate cover
2 .	DA19/0665.02 - Proposed Modified Site Plan - Provided under separate cover
3 .	DA19/0665.02 - Approved Site Plan (under DA19/0665.01) - Provided under separate cover
4 .	DA19/0665.02 - Section 4.55 Planning Statement - Provided under separate cover
5 .	DA19/0665.02 - Initial Traffic and Parking Assessment (Excluding Appendix B and C) - Provided under separate cover
6 .	DA19/0665.02 - Transport for NSW Initial Comments (18/11/22) - Provided under separate cover
7 .	DA19/0665.02 - Traffic Assessment Review (20/12/22) - Provided under separate cover
8 .	DA19/0665.02 - Transport for NSW Comments into Traffic Assessment Review (5/8/23) - Provided under separate cover
9 .	DA19/0665.02 - Updated Traffic Impact Assessment (3/8/23) - Provided under separate cover
10 .	DA19/0665.02 - Transport for NSW Comments into Updated Traffic Impact Assessment (18/9/23) - Provided under separate cover
11 .	DA19/0665.02 - Redacted Submissions - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-2

RP-2 PARKS NAMING POLICY (POL 055)

Author: Ben Creighton

Executive: John Sidgwick

Summary:

The Parks Naming Policy provides a mechanism for the appropriate naming of open space areas within the Wagga Wagga Local Government Area and provides an opportunity for the community to put forward names for consideration by Council.

This policy was presented at the 7 August Council meeting, where the draft was endorsed for exhibition. Subsequently, the policy was then placed on Exhibition from 11 August to 8 September with submissions open until 22 September.

Two submissions were received regarding this draft policy.

Recommendation

That Council:

a note that two (2) submissions were received for the draft Parks Naming Policy during the public exhibition period

b adopt the Parks Naming Policy (POL 055)

Report

At the Ordinary Meeting of Council held 7 August 2023 Council resolved:

That Council:

a place the draft Parks Naming Policy (POL 005) on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023 and invite public submissions until 22 September 2023 on the draft Policy

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

i addressing any submissions made with respect to the proposed Parks Naming Policy (POL 055)

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

The Parks Naming Policy (POL 055) was placed on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023, with submissions open until 22 September 2023.

Council received two submissions during this period (Attachment 1). A summary of the points raised in the submissions is provided below.

Submission Summary

Comment

· Whilst I appreciate the desire to name places after significant people, I don't think we should be changing names (even of parks) after they've been named.

· If we want to preserve people's legacy through naming something after them, let's not change the name.

· The change in the policy reserves the right for Council to renew the name of any open space at its discretion.

· It is not anticipated that this clause would be used on a regular basis.

· Any changes in naming would also be subject to a public exhibition period to allow community feedback.

· I feel it is important to stress that these names, which are already in place, should not be changed.

· Renaming existing parks would create an unnecessary expense.

· I foresee pressure will ‘open the gates’ of a cultural nature and Council will introduce names so as not to appear discriminatory.

· A stringent process needs to be in place which caters for fairness and equality, inclusive of white Australian relevance.

· Increasingly name changes are confusing the public and indirectly created costs to small business and councils - rather than ‘inclusive’, it has widened cultural discrimination.

· As per above

· The cost of renaming a park would be a consideration of Council when receiving a report on a proposed name change.

· The Parks Naming Policy encourages a wide range of inclusive options, including:

o Names that are readily recognised and used by the community are to be used.

o Names of Aboriginal origin are encouraged.

o Names acknowledging the multicultural nature of our society are encouraged.

o Names with a historical background relevant to the area are encouraged.

o Names suggested for any place that owes its origin to a particular natural feature such as shape, vegetation, or animal etc are encouraged.

o Names may perpetuate eminent persons.

· Any changes in naming would also be subject to a public exhibition period to allow community feedback.

It is recommended that Council adopt the exhibited Parks Naming Policy without change.

Financial Implications

N/A

Policy and Legislation

Local Government Act 1993

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga has strong community leadership and a shared vision for the future

Plan long term for the future of Wagga Wagga

Risk Management Issues for Council

Council policies are essential to ensure transparent legal, fair and consistent decision making across the Council. They support Council in achieving its corporate objectives and provide a critical guide for staff, councillors and other stakeholders. In the absence of effective policies there is a greater risk of inconsistency, confusion and inefficiency and can lead to non-compliance with the requirements of legislation and regulations.

Internal / External Consultation

The draft policy has been reviewed internally by staff, Council’s Executive Team and Councillors at a workshop held 15 May 2023.

To allow community feedback, the draft policy was placed on public exhibition for a period of 28 days with the public invited to provide submissions during this period.

Attachments

1 ⇩.	Park Naming Policy Submissions
2 ⇩.	Parks Naming Policy - Draft POL 055
3 ⇩.	Parks Naming Policy - Final POL 055

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-3

RP-3 Blake Street Developer Contributions - Works in Kind Agreement (WIKA) + Local Infrastructure Contributions Plan (LICP) Update

Author: Lou Hawkins

Executive John Sidgwick

Summary:

Council has received advice regarding the Planning Agreement for 12 Blake Street. The purpose of this report is to outline the advice received and to seek Council’s support for the recommended approach.

Recommendation

That Council:

a notes the previous resolution of Council from 27 February 2023, authorising the General Manager or their delegate to develop and execute a Planning Agreement for 12 Blake Street, Wagga Wagga

b notes the advice and recommend process provided by Lindsay Taylor Lawyers (LTL) in the body of this report

c rescinds Resolution 23/037 RP-2 PROPOSED PLANNING AGREEMENT 12 BLAKE STREET, WAGGA WAGGA resolved by Council on 27 February 2023

d authorise the General Manager or their delegate to draft the amendment to the Local Infrastructure Contributions Plan (LICP) as outlined in the body of this report

e authorise the General Manager or their delegate to draft a Works In Kind Agreement (WIKA) as outlined in the body of this report

f authorise the General Manager or their delegate to place both the draft Works In Kind Agreement (WIKA) and the draft amendment to the Local Infrastructure Contributions Plan (LICP) on public exhibition for a period of 28 days and invite public submissions

g receive a further report following the exhibition and submission period addressing any submission made in respect of the draft documents

Report

At its meeting on 27 February 2023, Council resolved to ‘authorise the General Manager or their delegate to develop and execute a Planning Agreement for 12 Blake Street’ and to refund the section 7.12 levies paid pursuant to the consent granted to DA19/0125. Resolution number: 23/037 which reads as follows:

That Council:

a note the written submissions received during the public exhibition period for the draft 12 Blake Street proposed planning agreement associated with DA19/0125

b authorise the General Manager or their delegate to develop and execute a Planning Agreement for 12 Blake Street including the Explanatory Note and any other relevant documents on behalf of Council relating to Lot 13 DP 1211352 and associated with DA19/0125

c authorise the affixing of the Wagga Wagga City Council common seal to all relevant documents as required

d authorise the General Manager or their delegate to refund the Section 7.12 contributions paid for DA19/0125

Council staff engaged Lindsay Taylor Lawyers (LTL) to draft the Voluntary Planning Agreement (VPA). While preparing the VPA, LTL advised that refunding contributions from the Section 7.12 Reserve would be ultra vires under the Environmental Planning and Assessment Act 1979 (the Act). This is because section 7.3(1) of the Act provides that:

‘[a] consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time’.

This means that it is not legally open to Council to refund levies paid by Davtil in any circumstances except on a restitutionary basis under the Recovery of Imposts Act 1963 (NSW), which does not apply in these circumstances.

Having considered the legal advice provided by LTL, officers recommend updating the Local Infrastructure Contributions Plan 2029-2034 (LICP) to include the works identified in the planning agreement at Blake Street. Then Council should enter into a Works In Kind Agreement (WIKA) instead of a VPA with the developer. The agreement changes to a WIKA when the works are listed in the contributions plan. This would allow for the payment of Section 7.12 contributions paid by the developer to be paid back to them at handover of the works identified in the LICP and WIKA from the Section 7.12 Reserve. The changes to the LICP are required to be placed on public exhibition for a period of 28 days. A WIKA, informed by the existing draft VPA will need to be prepared. The full process is expected to take 8 weeks (see Table 1). This approach represents the most procedurally correct approach to resolve this issue in-line with the relevant legislation and probity.

Table 1 - Time to update LICP and WIKA - Recommended option

Item	Detail	Time
1	Draft change LICP to include Blake Street items	1 week
2	Develop a works in kind agreement  (convert VPA to WIKA $2,000 - $2,400 + GST estimated)	1 week
3	LICP update and WIKA placed on public exhibition for 28 days	4 weeks
4	Report to exec and Council for adoption	2 weeks
5	Total Time	8 Weeks

Financial Implications

The preparation of the WIKA is expected to cost approximately $2,000 to $2,400 + GST. This work is funded using the LEP/DSP Legal Account. It is appropriate for Council to pay these costs as the applicant followed Council’s initial advice to pay the contributions and execute a VPA in the first instance.

The proposed updates to the LICP create a requirement for council to deliver the identified infrastructure. By entering a WIKA, council discharges its responsibility to deliver the infrastructure and makes a payment (as a credit for the WIK) of $104,075.61 to the developer when handover of the infrastructure occurs. As council has already received the Section 7.12 contributions in the amount of $104,075.61, there is a neutral financial cost to Council regarding the contribution payment.

Policy and Legislation

Environmental Planning and Assessment Act 1979, Section 7.3(1)

Environmental Planning and Assessment Act 1979, Section 7.12

Link to Strategic Plan

The Environment

Objective: Our built environment is functional, attractive and health promoting

Improve the facilities of our spaces and places

Risk Management Issues for Council

The council is able to collect contributions where it incurs the cost of providing public amenities and public services, so council will create a responsibility to deliver the works through the LICP. The WIK agreement transfers that responsibility to the developer, so the financial risk to Council is low. In addition to this, Council has already collected part of the cost of the infrastructure from the developer, further reducing the financial risk.

Internal / External Consultation

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Have your Say

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-4

RP-4 PLAYGROUND STRATEGY 2023-2043

Author: Kadison Hofert

Executive: John Sidgwick

Summary:

Council currently has 100 playgrounds across the Local Government Area (LGA), valued at approximately $9,467,798 with a combined annual usage of in excess 500,000 visitations.

Council adopted a playground strategy in 2016. A revised draft playground strategy has now been developed to inform the community and guide all aspects of Council’s playground management. Over the next 20 years, it aims to provide a balance between providing quality play spaces that provide adequate stimulation for children, and the number of spaces that can be financially supported by Council.

It is recommended that the strategy be placed on public exhibition for a period of 28 days to allow for community feedback.

Recommendation

That Council:

a receive and note the draft Playground Strategy 2023-2043

b endorse the draft Playground Strategy being placed on exhibition for a period of 28 days and invite public submissions on the draft policy.

c receive a further report following the public exhibition period.

i addressing any submissions made in respect of the proposed policy.

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

d note the budget implications outlined in the report will be considered during the development of the 2024/25 budget

Report

Council currently has 100 playgrounds across the Local Government Area (LGA), with a replacement value of approximately $9.5M with a combined annual usage in excess 500,000 visitations. The draft playground strategy has been developed to inform the community and guide all aspects of Council’s playground management. The primary purpose of the strategy is to:

· Reflect the community’s expectations through consultations and documenting the feedback received

· Ensure the community has access to quality playgrounds for the next 20 years by applying best practice asset management principles.

· Ensure the future financial sustainability of the playground network.

The strategy also provides guidelines on the maintenance and management of playgrounds.

Wagga Wagga is known as the ‘City of Good Sports’ and has been previously recognised as Australia’s most family friendly City. One aspect of these titles can be attributed to the quality of open space available within the LGA. Wagga Wagga’s 100 playgrounds form an important component of the open space, contributing to the creation of great play spaces.

Play has a critical role in childhood development and in an urbanised setting outside play in nature has special significance. The draft Playground Strategy provides a policy framework to guide future play space development in Wagga Wagga. The Strategy takes an approach that outlines the importance of diversity in recreation and the importance of the power of play and social interaction in child development.

In preparing this strategy review community consultation was carried out through a public online survey. 450 community members responded to the survey including 45 comments recorded on Council’s social media platforms.

The results from the community consultation have indicated that community members like the number of playgrounds available across the LGA and the variety of equipment at each playground; they would also like to see better shade protection over playground equipment and shade for parents and carers when supervising. Community members would like to see more accessible play spaces for children and people with disabilities. Most people prefer to use the larger sized playgrounds with a greater variety of play equipment and space for activities. Small local playgrounds are still considered important to the community as they are usually within walking distance (500 metres) of most residents.

Over the next 20 years, the strategy aims to provide a balance between quality play spaces that provide adequate stimulation for children and services for carers, and the number of spaces that can be financially supported by Council.

The recommendations identified within the draft strategy that will be required to be implemented to achieve the aims of the strategy include:

Recommendation 1: That the renewal budget of a playground is increased to allow for accessibility improvements at all playgrounds as they are renewed.

Recommendation 2: That Council increase the annual playground maintenance budget from $106,954 to $176,000, an increase of $69,646 to ensure the compliance with Australian maintenance standards.

Recommendation 3: That Council increase the annual playground maintenance budget by $1,500 (local minor and major), $4,000 (suburban) and $8,000 (regional) each time a new playground is added to the network.

Recommendation 4: That Council aims to have at least 40% of the playground area shaded at all local major, suburban and regional playgrounds.

Recommendation 5: That Council install shade sails at local, major, suburban and regional playgrounds that do not meet the 40% shade benchmark.

Recommendation 6: That Council install two shade sails per year at playgrounds for the next five (5) financial years.

Recommendation 7: That Council install shade sails at all new local, major, suburban and regional playgrounds.

Recommendation 8: It is recommended that at least one playground in every suburb and village has shade sails over playground equipment.

Recommendation 9: That Council plants at least four advanced deciduous trees to the eastern and western side of each playground.

Recommendation 10: That Council identifies future budgets for the newly developed Riverside playground to cater for the replacement of key components, such as rubber softfall and climbing nets.

Recommendation 11: That Council does not use raised edging when constructing new playgrounds to ensure accessibility, and instead install a concrete path edge or similar as required.

Recommendation 12: That when constructing new playgrounds ensure accessibility to the playgrounds.

Recommendation 13: That Council install a regional playground in the southern suburbs of Wagga Wagga.

Recommendation 14: That Council install a regional playground in the northern suburbs of Wagga Wagga.

Recommendation 15: That Council install nonverbal communication boards at all suburban and regional playgrounds.

Recommendation 16: That Council incorporates a water play/splash park when planning the Bolton Park Masterplan.

Financial Implications

The current budget for maintenance is $106,954. It is recommended that the budget is increased to $176,600, based off current market rates for softfall, labour and machinery hire. The budget increase of $69,646 is to ensure compliance with Australian maintenance standards.

Playground Maintenance Task	Current Budget	Recommended Budget
Softfall Maintenance materials and labour	$80,000	$126,600
Replace Wearing Parts like swing bolts, swing seats etc - Materials only	$8,250	$15,000
Materials for vandalism such as sail shade punctures, burnt panels, broken fence panels graffiti	$8,704	$20,000
Contract labour for playground maintenance	$10,000	$15,000
TOTAL	$106,954	$176,600

It is also recommended that the annual playground maintenance budget is increased by $1,500 (local minor and major), $4,000 (suburban) and $8,000 (regional) each time a new playground is added to the network. This recommendation is to ensure Council staff have available funding to maintain playgrounds to an appropriate level that meets the Australian Standards.

The above proposed budget additions will be considered during the development of the 2024/25 budget process.

Policy and Legislation

Playground Strategy 2016-2036

Link to Strategic Plan

Safe and Healthy Community

Objective: Our community embraces healthier lifestyle choices and practices

Promote access and participation for all sections of the community to a full range of sports and recreational activities

Risk Management Issues for Council

The risks associated with implementing this strategy relate to process, cost, environmental, WHS and contractor performance. These risks are addresses as part of the Council’s project management and contractor performance management systems.

Internal / External Consultation

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Have your Say

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

· Community consultation through online public survey

· Councillor workshop on the 6 March 2023

· Consultation with the Wagga Access Reference Group

Attachments

1 ⇩.

Draft Playground Strategy 2023-2043

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-5

RP-5 RENEWAL OF COMMUNITY, CULTURAL AND SPORTING LEASE AND LICENCE AGREEMENTS EXPIRING PRIOR TO THE END OF THE 2023/2024 FINANCIAL YEAR

Author: Matthew Dombrovski

Executive: John Sidgwick

Summary:

This report provides for renewal of lease or licence agreements with sporting, cultural and community associations who occupy Council land and buildings expiring prior to the end of the 2023/2024 financial year.

Recommendation

That Council:

a delegate authority to the General Manager or their delegate to negotiate renewal of the community, cultural or sporting association lease and licence agreements as detailed in the body of this report

b delegate authority to the General Manager or their delegate to execute the agreements on behalf of the Council

c authorise the affixing of Council’s common seal to all relevant documents as required

Report

The Council has a portfolio of approximately 80 community, cultural and sporting association lease and licence agreements. These agreements regulate the occupation of Council owned and controlled land and building assets by third party occupiers at a subsidised community rental amount.

Previous reports have identified leases and licences due for renewal during a given calendar year. This report identifies only those leases and licences due to expire by the end of the 2023/24 financial year, on the basis that future reports will address the full financial year (and the adopted fees and charges for that financial year). It is noted that the agreements listed below are due to expire and it is recommended that Council proceed with renewal of those leases and licences upon similar terms and conditions to their existing agreements.

It is recommended that Council agree to delegate authority to the General Manager or his delegate, to negotiate renewal of these agreements based on the following standard conditions:

STANDARD CONDITIONS
Agreement duration	Up to five years unless a longer duration is specified.
Fees	Rent and other occupation fees as per the Council’s Fees and Charges. (The current minimum community rent is $800 per annum including GST).
Fee increases	Rent and other occupation fees adjusted annually on the anniversary of commencement as per the Council’s Fees and Charges.
Public Liability Insurance	No less than $20 million with Council listed as an interested party.
Occupation Costs	Tenant to meet all costs associated with occupation of the premises, including but not limited to water, gas, electricity, fire safety, sewer and waste disposal.
Maintenance Responsibilities	Tenant responsible for routine upkeep, servicing of equipment and general day-to-day maintenance. The Council is responsible for works of a capital or structural nature for Council owned buildings. In cases where the building is purported to be owned by the tenant, the tenant is responsible for all maintenance costs.
Preparation Fees	As per Council’s Fees and Charges for licence agreements. The current licence preparation fee is $275 including GST. In cases where Council needs to obtain independent legal advice in relation to the preparation and/or registration of a lease, legal fees incurred are to be reimbursed by the tenant on a 100% cost recovery basis.

The agreements relate to Crown Land managed by Council, community land and operational land as set out in the following tables:

CROWN LAND
Note: All agreements over Crown Land require review by Council’s Native Title Manager in accordance with section 8.3 of the Crown Land Management Act 2016 (taking effect from 1 July 2018). Under the aforementioned legislation, Council manages Crown Land as community land under the Local Government Act 1993 and is required to give public notice of a proposal to lease or licence of land. If objecting submissions are received in relation to any proposed agreement, a further report will be submitted to Council for consideration.
Organisation	Property Address	Use	Expiry Date
Wagga Wagga Swimming & Lifesaving Club Inc.	Office space at the Oasis, Bolton Park, Morgan Street, Wagga Wagga	Office space	31 May 2024

COMMUNITY LAND
Note: Under Section 47a of the Local Government Act 1993 Council is required to give public notice of a proposal to lease or licence of land classified as community land. If objecting submissions are received in relation to any proposed agreement, a further report will be submitted to Council for consideration.
Organisation	Property Address	Use	Expiry Date
Girl Guides Association of NSW (Turvey Park)	Part Hopwood Park, 32 Sunshine Avenue, Wagga Wagga	Girl Guide hall for Girl Guide activities, meetings and related uses	30 April 2024
Wagga Wagga Rescue Squad Inc.	Part Belling Park, 3 Bolton Street, Wagga Wagga	Site for rescue squad, meetings and related uses	30 April 2024
Menshed Wagga Wagga	Part Best Reserve, 11 Ashmont Avenue, Wagga Wagga	Menshed clubhouse and sheds for menshed activities, meetings and related uses	30 Jun 2024

OPERATIONAL LAND
Organisation	Property Address	Use	Expiry Date
Scout Association of Australia (1st Kooringal Scout Group)	13 Marloo Crescent, Kooringal, Wagga Wagga	Scout hall for Scout activities, meetings, related uses and sub-licence to third party user groups for meetings and events	30 April 2024
Wagga Wagga City Pistol Club Inc.	74 Tasman Road, Wagga Wagga	Clubhouse, shooting range activities, meetings, functions and related uses	31 May 2024

Financial Implications

The above tables represent a renewal of existing arrangements. Accordingly, there will be no further change to Council’s LTFP. Lease and licence fees will continue to be reviewed in accordance with the annual review of endorsed Fees and Charges.

The rent received is included in the Council’s annual operating income budget. In respect of the Crown Land lease, the net proceeds of dedicated or reserved Crown land must be applied for permitted purposes pursuant to section 3.16 of the Crown Land Management Act 2016 (ie: improving, managing and/or preparing plans of management for Crown land.)

Policy and Legislation

Local Government Act 1993

Crown Land Management Act 2016

Acquisition, Disposal and Management of Land Policy POL 038

Link to Strategic Plan

Safe and Healthy Community

Objective: Our community has access to health and support services that cater for all of our needs

Support and continue to develop services to improve and promote community health and wellbeing

Risk Management Issues for Council

N/A

Internal / External Consultation

Internal consultation has been undertaken with Council’s Regional Activation, Operations and Community directorates.

Public notification of proposed agreements concerning Council community land and Crown Land managed under the Local Government Act 1993 is required as outlined below. Direct consultation with Native Title Interests and Aboriginal Land Claimants may also be required in the case of Crown Land.

Mail

Traditional Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news

Media release

Media opportunity

TV/radio advertising

One-on-one meeting(s)

Community meeting(s)

Stakeholder workshop(s)

Drop-in session(s)

Survey/feedback form(s)

Connect.Wagga

Email newsletter

Social media

Website

Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

N/A

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-6

RP-6 Joint Sewer Connection at 41 & 43 Collins Street, Turvey Park - Private Works

Author: Warren Faulkner

Summary:

This report seeks Councils approval to fund the installation of new internal wastewater pipework within 41 Collins Street, Turvey Park from the dwelling to Councils sewer main in Collins Lane.

Recommendation

That Council:

a approve the installation of private wastewater pipework within 41 Collins Street, Turvey Park from the dwelling to Councils sewer main in Collins Lane to eliminate a joint sewer connection with 43 Collins Street

b approve the work to be fully funded by Council at no charge to the owner of 41 Collins Street, Turvey Park

c receive a further report once the works are completed in accordance with Clause 4 of Section 67 of the Local Government Act 1993

Report

The sewer diagram on file for 41 Collins Street shows that the internal wastewater pipework for 43 Collins Street connects into 41 Collins Street as shown following.

This is a multiple sewer connection to councils sewer network. Councils Sewer Policy on multiple connections states “As a general practice Council does not normally allow multiple connections to sewer from a single land parcel”.

The owners of 43 Collins Street have commenced buildings works associated with DA22/0257. The scope of works requires new internal wastewater plumbing to be installed and connected to a new sewer junction in Collins Lane to eliminate the connection into 41 Collins Street.

However, works on site have revealed that the sewer diagram is not correct, and in fact 41 Collins Street connects into 43 Collins Street. Hence, a multiple sewer connection still exists and with the new work occurring on 43 Collins Street, the internal sewer on 41 Collins Street will be cut-off and therefore required to be reconnected to a new junction and riser.

This requirement places an unexpected impost on the owner of 41 Collins Street as the sewer diagram for this location shows that their land parcel is connected to the sewer main.

It is therefore considered reasonable that Council should fund the realignment of the internal wastewater pipework within 41 Collins Street to reconnect it to a new junction and riser that will be installed by Council. As these works are on private property and for the benefit of the owner of 41 Collins Street, they are private works which must be approved by council before the works commence. Section 67 of the Local Government Act is attached.

Financial Implications

Council has received three quotations from local plumbers to install new wastewater pipework that reconnects 41 Collins Street to Councils Sewer network. The cheapest quote was $9,971.39.

Council has $55,000 allocated for the Elimination of Joint Sewer Connections (Job Number 51390). This funding is usually used to install new junctions into Councils main and the riser just inside the private property boundary that the internal (private) plumbing connects to.

As at the end of September 2023, no expenditure has been incurred against this job number.

It is proposed the cost of the works at 41 Collins Street will be funded from this allocation. Based on historical data, it is estimated that there will still be adequate funding for other joint sewer connection issues that may arise for the remainder of the 2023/24 financial year.

Policy and Legislation

Local Government Act, Section 67 – Private Works

Sewer Policy POL 037

Link to Strategic Plan

The Environment

Objective: Our built environment is functional, attractive and health promoting

Look after and maintain community assets

Risk Management Issues for Council

There are no risk management issues associated with this report

Internal / External Consultation

Consultation has occurred with the owners of 41 and 43 Collins Street about the joint sewer connection and alignment of the new wastewater pipework within 41 Collins Street.

Attachments

1 ⇩.

Local Government Act 1993 - Section 67 Private Works

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

RP-7

RP-7 REQUEST FOR FEE WAIVERS - SECTION 356

Author: Carolyn Rodney

Summary:

Council received five community requests for the use of a centrally located public facility for the purpose of providing information and a Q&A session to the public on The Voice to Parliament process and referendum, that was held on 14 October 2023.

Recommendation

That Council in accordance with Section 356 of the Local Government Act 1993, provide fee waivers for the use of Council Public Facilities totalling $6,167.94 for The Voice to Parliament Public Information and Panel Sessions in relation to the 14 October 2023 referendum, as noted in this report.

Report

Council received five community requests for the use of a centrally located public facility. The requests for a council venue were for the purpose of providing information and a Q&A session to the public on The Voice to Parliament process and referendum.

Council’s public community facility at the Civic Theatre hosted these events with the following community hire fees:

· The Voice to Parliament Information and Panel Session Monday 10 July 2023 - an evening open session organised by Uncle Hewitt Wyman. The fee cost for use of the Civic Theatre was $1,939.80.

· The Voice to Parliament Information and Panel Session Monday 17 July 2023 – a lunch time open session organised by Aunty Mary Atkinson in partnership with University of Canberra, Professor Maree Meredith Pro Vice-Chancellor (Office of Indigenous Leadership and Strategy). The fee cost for the use of the Civic Theatre for this event was $1,473.15.

· Vote No! to the Voice Information Session Tuesday 26 September – an evening session held by Senator Malcolm Roberts and Paul Funnell. The fee cost for the use of the Civic Theatre was $2,063.99.

In addition to the events held at the Civic Theatre, there were two events held at Council’s sportsgrounds/open spaces:

· Run for the Voice community session at Bolton Park: Geoff Lawson Oval Friday 1 September 2023, 4.30pm-6.30pm. The fee cost for the use of the oval was $125.00.

· The Long Walk community session at Robertson Oval Friday 8 September 2023, 4pm-6pm. The fee cost for the use of the oval was $125.00.

· Riverina for Yes Community BBQ at Wollundry Lagoon Precinct – Tuesday 25 July 2023. The total cost for the use of the precinct including staff costs was $441.00.

The total proposed fee waiver for the above five public information sessions was $6,167.94. It is proposed to fund these fee waivers from the Section 356 Budget as shown below:

Financial Implications

Section 356 Budget Summary
2023/24 Budget available for requests received during financial year	$42,060.00
Total of 2023/24 fee waivers approved to date	($10,463.20)
Revised Balance of Section 356 fee waiver financial assistance	$31,596.80
Fee waivers included in this report	($6,167.94)
Subtotal Fee Waivers included in this report – proposed to be funded from the Section 356 Budget	($6,167.94)
Balance of Section 356 fee waiver financial assistance budget for the remainder of the 2023/24 Financial Year	$25,428.86

Policy and Legislation

POL 078 – Financial Assistance Policy

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

Communicate with our community

Risk Management Issues for Council

N/A

Internal / External Consultation

Discussions were held between community members and Council Senior Executive staff regarding the use of an appropriate centrally located public facility.

Report submitted to the Ordinary Meeting of Council on Monday 6 November 2023

M-1

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 19 OCTOBER 2023

Author: Phil McMurray

Summary:

The Floodplain Risk Management Advisory Committee (FRMAC) is an advisory committee of Council. This Report seeks that Council endorse the recommendations made by the Committee at its meeting held on 19 October 2023.

Recommendation

That the Minutes of the proceedings of the Floodplain Risk Management Advisory Committee Meeting held 19 October 2023 be confirmed as a true and accurate record.

Report

The Minutes of the Floodplain Risk Management Advisory Committee Meeting held on 19 October 2023 are presented to Council for consideration. Below is a summary of items considered at the meeting.

RP-2 2021-22-FM-0032 - URANQUINTY LEVEE UPGRADE - INVESTIGATION AND DESIGN

Royal HaskoningDHV (RHDHV) have now completed the majority of the background investigations, this includes:

· Site inspection of the proposed levee alignment.

· Geotechnical investigations and boreholes along the alignment.

· Survey investigation of the levees.

· Services investigation of the levees.

· Review of hydraulic modelling files including results.

RHDHV have commenced with the preliminary design and freeboard analysis .

RP-3 2018-19-FM-0071 - NORTH WAGGA FLOOD MITIGATION OPTIONS

Key events that have occurred in the last couple of weeks include:

· Completion of the Councillor Workshop and community Forum

· development of online and community wide survey and information packages

· Completion of the draft economic analysis by CIE

A presentation was provided by CIE and Woolcott with regard to the community forum and the economic analysis

RP-4 2021-22-FM-0024 - GLENFIELD DRAIN AND FLOWERDALE STORAGE FLOOD MITIGATION WORKS

Council’s Design section provided a set of pdf plans showing the availability of inbank survey of the Glenfield Road Drain where it runs between Red Hill Road and Dobney Avenue.

DPS Surveying forwarded the pit and pipe survey data for the various basins on 22/09/2023. Lyall and Associates are currently in the process of reviewing the field survey data to identify which pits could not be accessed by DPS Surveying. This information will be forwarded to Council’s Design section to arrange for the lids of the pits to be lifted and for their details to be captured by Council’s surveyors.

Council’s Design section provided 260 sets (3.36 GB) of design plans showing details of the existing stormwater drainage system in the Glenfield Road Drain catchment to the south (upstream) of the Sturt Highway crossing on Monday 9 October 2023. Having received the drainage plans, Lyall and Associates are now in a position to scope the upgrade requirements for the MOFFS model. The will aim to forward a variation request for this work to Council.

RP-5 2021-22-FM-0039 - LAKE ALBERT FLOOD MITIGATION OPTIONS –FEASIBILITY STUDY

A workplan and cost variation has been submitted to DPE for approval. The procurement process has been finalised and Stantec are beginning to collate data and analyse various flood models for the two creeks and the Lake. Once the workplans are approved then Stantec will begin planning the community consultation with the required key stakeholders and groups.

RP-6 2022-FMP-0103 HUMULA AND MANGOPLAH FLOOD STUDIES

The procurement process for this project has been finalised and a Workplan will be provided to DPE for approval before the consultant is fully appointed to this project. At this point in time the grant for this project is $80,000 and we have expended $26,000 on the procurement of LiDar data. The consultant budget for this project is in excess of $100,000 and so a minor variation will be submitted to DPE as a part of the approval process. The preferred consultant is WMAWater.

RP-7 LOCAL & REGIONAL RISK REDUCTION STREAM - LEVEE PUMP AUGMENTATION

Stantec have begun work on this project.

The following steps have been completed or are currently underway:

· Site visit to 5 floodgates

· Topographic survey of sites, pipes and levee

· Flood model analysis commenced

· Gate 15A assessment completed

· Gate 15A preliminary drawings 50% complete

There will be a cost variation submitted by Stantec to cover extra work required to finetune the flood model to reflect changes in ground topography and updated LiDAR information.

RP-8 SW01 - INCARNIE CRESCENT, STORMWATER AUGMENTATION - PREPARING AUSTRALIAN COMMUNITIES - LOCAL GRANT SCHEME

The design has been completed and this project is currently with the Council Sewer and Stormwater team for implementation.

RP-9 DPE FLOODPLAIN MANUAL REVISION

Flooding results in significant risk to many communities across New South Wales. This risk stems from human interaction with flooding through the occupation and use of floodplains.

Since 1984 the NSW Flood Prone Land Policy (the policy) has set the direction for Flood Risk Management (FRM) in New South Wales. In 1986 the NSW Government released the first Floodplain Development Manual to support policy implementation. The policy and manual have since evolved in response to significant flood events, reviews and improvements in national and international flood risk management practice.

This manual (including the policy) replaces the Floodplain Development Manual (DIPNR 2005) as the NSW Government’s manual relating to the management of flood liable land in accordance with section 733 of the Local Government Act 1993 (LG Act). This provides councils, statutory authorities, and state agencies and their staff, with indemnity for decisions they make and information they provide in accordance with the manual.

Council staff attended an online Webinar that outlined significant changes and revisions within the document.

Council has also lodged an Expression of Interest with DPE to host a regional workshop conducted by DPE staff to further highlight and discuss changes and revisions within the document. If successful, this meeting will take place in Wagga later in the year.

Financial Implications

N/A

Policy and Legislation

The outcomes from the various studies will be critical in the terms of future amendments to the Council Local Environmental Plan and its Development Control Plan.

Link to Strategic Plan

Community leadership and collaboration

Objective: Wagga Wagga has strong community leadership and a shared vision for the future

Our leaders represent our community

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

NSW Department of Planning and Environment (DPIE) (previously the Office of Environment and Heritage) has been heavily consulted throughout the process of planning and executing these projects. DPIE is the responsible funding body and receives quarterly status update reports.

Attachments

1 ⇩.

FRMAC Minutes - 19 October 2023