Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 7 April 2025.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 7 April 2025

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 2

REFLECTION 2

APOLOGIES 2

Confirmation of Minutes

CM-1 CONFIRMATION OF ORDINARY COUNCIL MEETING MINUTES - 24 MARCH 2025 2

DECLARATIONS OF INTEREST 2

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION – GAS APPLIANCES IN HOMES AND HEALTH CLAIMS 3

Reports from Staff

RP-1 DEVELOPMENT APPLICATION DA24/0496 - DEMOLITION OF EXISTING ATTACHED CARPORT AND SMALLER SHED, CONSTRUCTION OF NEW ATTACHED GARAGE, AND USE OF EXISTING SHED - 34 CONDON AVENUE, MOUNT AUSTIN 5

RP-2 DISC GOLF PROPOSAL 46

RP-3 ACCEPTANCE OF FUNDING - SALUTING THEIR SERVICE COMMEMORATIVE GRANTS PROGRAM 53

RP-4 HARRIS PARK AMENITIES CONSTRUCTION PROJECT - VARIATION TO FUNDING AGREEMENT 57

RP-5 REQUEST TO TRANSFER CROWN ROAD TO COUNCIL CONTROL - BAKERS LANE NORTH 66

RP-6 PROPOSED LICENCE OF LAND FROM ESSENTIAL ENERGY - PART LOT 1 DP 1088209 112

RP-7 QUESTIONS WITH NOTICE 116

Confidential Reports

CONF-1 RFT CT2025062 ACTIVE TRAVEL PLAN STAGE 3 EXHIBITION CENTRE NORTH LINK CONSTRUCTION 120

CONF-2 EXTENSION TO SUBLEASE / SUBLICENCE AGREEMENTS AT WAGGA WAGGA AIRPORT 121

CONF-3 TERMINATION AND RE-GRANT OF LEASE 122

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 CONFIRMATION OF ORDINARY COUNCIL MEETING MINUTES - 24 MARCH 2025

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 24 March 2025 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Ordinary Council - 24 March 2025

123

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION – GAS APPLIANCES IN HOMES AND HEALTH CLAIMS

Author: Councillor Richard Foley

Summary:

This motion seeks to clarify claims made by anti-gas advocates regarding the indoor use of gas appliances in Australian buildings. These claims suggest that gas usage in residential and commercial settings poses significant health risks.

The motion requests that the Mayor writes to Standards Australia and the Australian Building Codes Board seeking formal advice on whether certified gas appliances installed in accordance with Australian standards represent any credible health risk under Australian conditions.

Recommendation

That Council:

a writes to Standards Australia and the Australian Building Codes Board, seeking formal clarification on the following:

i whether the use of indoor gas appliances certified to Australian Standards (e.g. AS/NZS 5263) and installed in accordance with the National Construction Code (NCC) poses any verified health risk in residential homes and buildings

ii whether there is any Australian peer-reviewed health research, or any current reviews underway, that support the assertion that indoor gas appliances certified to Australian Standards, present a substantial health risk under normal operating conditions and compliant ventilation systems.

b requests that the relevant agencies confirm whether existing national standards and ventilation requirements in the National Construction Code sufficiently mitigate the alleged risks being promoted by anti-gas advocate groups

c receives a short briefing report back to Council once responses have been received, to assist Council in making any future planning and policy development decisions concerning energy source options regarding any existing or new residential developments

Report

Recent advocacy and policy proposals by anti-gas advocacy groups locally and across Australia have called for the banning of gas appliances in new residential developments. However, these claims appear to rely heavily on modelling and international studies not conducted under Australian conditions and may not reflect Australia local standards, ventilation requirements, or building codes.

Gas appliances used in Australian homes must comply with strict Australian and New Zealand standards (e.g., AS/NZS 5263), and homes must meet minimum ventilation requirements under the National Construction Code. In regional areas such as Wagga Wagga, gas remains a reliable and affordable energy source for cooking, heating, and hot water.

Before Council considers any potential policy changes in the future to the Development Control Plan, or indeed any policy area that could restrict consumer choice or increase household energy costs, it is essential to first seek formal clarification from the relevant national bodies responsible for building, health, and safety standards, in accordance with Australian and New Zealand Standard Board requirements and regulations.

This motion proposes that Council formally seeks clarification from the relevant peak bodies responsible for Australian building codes and safety standards regarding whether the existing regulatory standards currently in force are adequate to address any potential risks associated with the use of gas appliances in residential settings which are installed in accordance with the relevant Australian and New Zealand Standard Board requirements and regulations.

Financial Implications

N/A

Policy and Legislation

Wagga Wagga Code of Meeting Practice

Local Government Act 1993

NSW Environmental Planning and Assessment Act 1979

National Construction Code (as administered by the ABCB)

Home Building Act 1989

Gas and Electricity (Consumer Safety) Act 2017

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

N/A

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-1

Reports from Staff

RP-1 DEVELOPMENT APPLICATION DA24/0496 - DEMOLITION OF EXISTING ATTACHED CARPORT AND SMALLER SHED, CONSTRUCTION OF NEW ATTACHED GARAGE, AND USE OF EXISTING SHED - 34 CONDON AVENUE, MOUNT AUSTIN

Author: Giles Wong

General Manager: Peter Thompson

Summary:

The report is for a development application and is presented to Council for determination.

The proposed development seeks consent for the demolition of the existing carport and an existing shed, the use of an existing shed, and the construction of a garage.

Under Section 1.11 of the Wagga Wagga Development Control Plan 2010 (DCP), if a development application proposes a variation to a numerical control under the DCP by greater than 10% and public submissions are received objecting to the subject of the control, then the application is required to be referred to Council for determination.

The applicant has requested a variation of greater than 10% with respect to Control C3 in Section 9.4.4 in relation to the maximum floor area for sheds in a R1 zone.

The applicant has also requested a variation to Control C3 in Section 9.3.6 in relation to the garage being forward of the dwelling.

The application was advertised for a period of 14 days from the 29 January 2025 to 5 February 2025. 2 public submissions were received during the notification period.

A full assessment of the Development Application and justification for the variations is contained within the attached Section 4.15 Assessment Report.

Recommendation

That Council approve DA24/0496 for the demolition of the existing attached carport and smaller shed, construction of new attached garage, and use of existing shed at 34 Condon Avenue, Mount Austin NSW 2650 (Lot 48 DP 207740) subject to the conditions outlined in the Section 4.15 Assessment Report.

Development Application Details

Applicant	Eric Coleman
Owner	Norma Enid Smith
Development Cost	$40,000
Development Description	Demolition of existing attached carport and smaller shed, construction of new attached garage, and use of existing shed

Report

Key Issues

· Outbuilding site cover

Site Location

The subject lot is legally known as lot 48 DP 207740 and is located on the southern side of Condon Avenue, 80m east from the intersection of Condon Avenue and Hunter Street. The lot is rectangular in shape with an area of 575.4m² and falls towards the southern end of the lot.

The site is zoned R1 General Residential and currently contains a dwelling, attached carport (to be demolished), small shed (to be demolished), and unapproved larger shed.

Assessment

· The Development Application seeks consent for the demolition of the existing attached carport and smaller shed, construction of new attached garage, and use of existing shed.

· The site is zoned R1 General Residential under the provisions of the Wagga Wagga Local Environmental Plan 2010.

· The proposed structures and existing unlawful shed are ancillary to an existing residential use and are therefore considered permissible with consent.

· Consent is being sought for the existing unlawful shed which exceeds the allowable outbuilding site coverage outlined within the Wagga Wagga Development Control Plan 2010, Section 9.4.4, C3.

The justification provided for the variations to section 9.4.4 states that the existing shed:

· Does not cause overshadowing.

· Does not exceed the maximum allowed height.

· Overall site cover remains under the 60% allowable for sites under 600m2.

· Private open space requirements are achieved.

Regarding the variation sought to Section 9.3.6, the variation to the front setback has been assessed and has been considered acceptable for the following reasons:

· Several carports within the streetscape are located similarly in relation to their associated dwellings. Many carports in the streetscape are in line with their verandah roof lines in the same way the proposal is.

· The adjoining neighbour at 36 Condon Avenue has a carport located substantially forward of the dwelling.

· The structure is not considered to be uncommon or out of place in a residential streetscape.

· The proposal is consistent with all objectives under 9.3.6.

The proposed development other than the variations discussed above generally complies with the provisions of the WWLEP2010 and the WWDCP2010.

A complete assessment of the Development Application under Section 4.15 of the Environmental Planning and Assessment Act 1979 is provided under separate cover. Having regard to the information contained in the attached Section 4.15 assessment report, it is considered that the development is acceptable for the following reasons and recommended for approval.

Reasons for Approval

1. The proposed development is consistent with the Wagga Wagga Local Environmental Plan 2010, is generally consistent with the objectives and controls of the Wagga Wagga Development Control Plan 201, and where variations are being sought, these variations are acceptable.

2. The development has been assessed as being consistent with the public interest.

3. An assessment of the application demonstrates that the proposed development will not cause any significant adverse impacts, is not contrary to the public interest, and the site is suitable for the proposed development.

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 is not considered to raise risk management issues for Council as the proposed development is generally consistent with LEP and DCP controls and the proposed variations, have been fully assessed and justified.

Internal / External Consultation

Full details of the consultation that was carried out as part of the development application assessment is contained in the attached s4.15 Report.

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)

N/A

Attachments

1 ⇩.	DA24/0496 - 4.15 Report
2 ⇩.	DA24/0496 - Plan Set
3 ⇩.	DA24/0496 - Statement of Environmental Effects
4 ⇩.	DA24/0496 - Engineers Certification
5 ⇩.	DA24/0496 - Redacted Submissions

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-2

RP-2 DISC GOLF PROPOSAL

Author: Alison Brill

Executive: Fiona Piltz

Summary:

This report recommends providing in principle support for the establishment of a Disc Golf course.

Recommendation

That Council provide in principle support for the establishment of a Disc Golf course.

Report

Community members approached Council staff with a proposal to introduce disc golf to Wagga by establishing a community accessible disc golf course.

The proposal outlined that disc golf (or frisbee golf) is one of the fastest growing outdoor activities in the world. It is similar to golf, where you complete each hole by throwing a disc into a basket in as few throws as possible. The discs and baskets are specially made for the sport. Disc golf is an inclusive sport, involving most ages, skills, and abilities. The community members are currently registered players of disc golf and travel to Canberra fortnightly to play the sport.

It is proposed that the community members will establish a community-run club that will be registered under NSW Disc Golf and affiliated with Australian Disc Golf (ADG). If support from council is provided, the community members will then register as a club and seek funding sources through grants and fundraisers to fund the establishment of a disc golf course.

The course will be an asset for the community where anyone will be able to play disc golf at all times. If established, there is capacity for the club or Council to host state and national events in the future. The Australian Flying Disc Association (AFDA) has over 3,000 members and the Professional Disc Golf Association (PDGA) has over 70,000 active members worldwide. These formal events would encourage people to travel to Wagga Wagga to compete, which will have a positive impact on local businesses and our economy. The closest ADG registered disc golf courses are located in the Snowy Valleys, Canberra, and Shepparton area.

The disc golf community identified several suitable areas in Wagga for the location of a course. Council Staff met with the disc golf community on site at one of the locations suggested, Rawlings Reserve, to gain knowledge about the requirements for a course. Council staff engaged in internal discussions which resulted in Rawlings Reserve being the preferred location. The Rawlings Reserve area was deemed adequate due to:

· the space being large and open,

· there are trees and bushland which allow for an interesting course layout and provide plentiful shade,

· it’s not an overly populated area.

Council Staff considered other potential locations such as the Lake Albert Reserve which was deemed unsuitable due to the difficulty in retrieving discs, as well as the public reserve on Amaroo St (between Patamba St and Horsley St) which was deemed unsuitable due to the number of frequent users.

The proposed location is within Rawlings Park Reserve and currently has no formal use. The site is slashed by Council’s Parks Operations team as part of their ongoing maintenance and will not be negatively affected by this proposal. The course will encourage the public to engage in physical recreation within the natural environment and coexist with the existing reserve. The protection of the natural environment is important to the local disc golf community. The course will be designed to reduce the impact on trees (i.e. locating tees away from trees). If the proposal is endorsed and a course is developed, Council’s Parks Operations team would walk through the proposed course with ADG and local disc golf members to identify ‘at risk’ trees (if any).

It is proposed that working bees will be hosted by the club for maintenance of the course (including, but not limited to, mowing of their fairways with their own equipment), which will be covered under the ADG insurance. General play by the public or non-official play is not covered under ADG insurance and would sit under Council’s insurance instead, like any other council infrastructure such as playgrounds, parks, ovals, etc.

The disc golf course would add another community asset to the overall Rawlings Park sporting precinct (including soccer, cricket, cricket nets, and walking track) without significantly impacting the natural state of the reserve.

Financial Implications

This proposal does not include any financial implications.

Policy and Legislation

Recreation Open Space and Community Strategy and Implementation Plan 2040.

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 project relate to process, cost, environmental, WHS and contractor performance. These risks are addressed as part of the Council’s project management and performance management systems.

Internal / External Consultation

Meetings and external consultations have occurred with the Community members proposing the disc golf course.

Internal consultation has occurred within Council’s Strategic Recreation, Parks Operations, Governance, and Property divisions.

Attachments

1 ⇩.	Proposal Letter to Council
2 ⇩.	Disc Golf Course Proposal
3 ⇩.	Disc Golf Map

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-3

RP-3 ACCEPTANCE OF FUNDING - SALUTING THEIR SERVICE COMMEMORATIVE GRANTS PROGRAM

Author: Ben Creighton

Executive: Fiona Piltz

Summary:

Wagga Wagga City Council has been successful in securing

$147,425 in funding through the Saluting Their Service Commemorative Grants Program 2024-25 to complete remediation of the Wagga Wagga Honour Roll and Eternal Flame Memorial at the Victory Memorial Gardens.

Recommendation

That Council:

a authorise the General Manager or their delegate to negotiate to enter into a funding agreement with the Office of Veteran’s Affairs for $147,425 of grant funding for the remediation of the Wagga Wagga Honour Roll and Eternal Flame Memorial

b approve the budget variations as detailed in the financial implications section of this report

c authorise the affixing of Council’s Common Seal to all relevant documents as required

Report

Discussions between the Mayor, The Wagga RSL Sub-Branch and Staff during late 2024 identified the need for remediation work to be undertaken on the Wagga Wagga Honour Roll and Eternal Flame Memorial. During subsequent inspections it was identified that the existing structure was being impacted by moisture penetration of the wall causing bubbling and breakage of the render. Following consultation with experienced building and construction contractors a grant application was made to the Federal Governments Saluting their Service program to allow remediation works to be undertaken.

The Office of Veterans Affairs has since offered Wagga Wagga City Council $147,425 of funding to complete this project. The Saluting Their Service Commemorative Grants Program is part of the Australian Government’s commitment to promoting awareness of the experiences of those who have served and to preserving and promoting information about Australia’s wartime heritage.

This funding will allow the removal of the existing render, water and salt proofing of the structure, removal of pavers, installation of sub soil drainage, the moving of an existing garden bed and adjacent sprinklers, the installation of new pavement and remediation and water proofing of the Wagga Wagga Honour Roll and Eternal Flame Memorial. The estimated cost of completing these works is $147,425.

It is proposed that these works will commence the week after Anzac Day (25 April 2025) and be completed prior to Remembrance Day 11 November 2025).

Financial Implications

The proposed works are estimated to cost $147,425. It is proposed that Council accept the offer of $147,425 in funding to complete the works.

Policy and Legislation

Local Government Act

Link to Strategic Plan

Community Place and Identity

Objective: Our community are proud of where we live and our identity

Value our heritage

Risk Management Issues for Council

Internal / External Consultation

Meetings and external consultations have occurred with the RSL Sub Branch.

Internal consultation has occurred within Council’s Strategic Recreation, Parks Operations, Governance, and Property divisions.

Attachments

1 ⇩.

Grant funding offer

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-4

RP-4 HARRIS PARK AMENITIES CONSTRUCTION PROJECT - VARIATION TO FUNDING AGREEMENT

Author: Ben Creighton

Executive: Fiona Piltz

Summary:

Council Staff have been working with Wagga Rugby League (WRL), NSW Rugby League, the State Member for Wagga Wagga, Dr Joe McGirr and the NSW Office of Sport to secure funding to deliver an amenities upgrade at Harris Park. This report provides an update on the outcomes of these discussions.

Recommendation

That Council:

a authorise the General Manager or their delegate to enter into a funding agreement with NSW Office of Sport and Wagga Rugby League for $955,000 in grant funding for the reconstruction of the Harris Park amenities

b in accordance with s55(3)(i) of the Local Government Act 1993, not invite tenders for the proposed project delivery contract for Stage 1 of the Harris Park Amenities upgrade

i. note the reason for not a calling tenders is on the grounds that Council is satisfied that inviting tenders would not achieve a satisfactory result due to the unavailability of competitive tenderers as Wagga Rugby League will provide the onsite project management, undertake the procurement processes associated with the project and contribute $30,000 of funding to the project.

ii. authorise the General Manager or their delegate to enter a contract with Wagga Rugby League for Stage 1 of the Harris Park Amenities upgrade in the lump sum amount of $1,273,790

d authorise the affixing of Council’s Common Seal to all relevant documents as required.

e approve the budget variations as detailed in the financial implications section of this report

Report

Wagga Rugby League were successful in receiving funding through the Greater Cities and Regional Sport Facility Fund 2021/22 for the Harris Park Community Amenities Construction Project. Delays have impacted the project through significant increases in material and construction costs increasing the budget required for project completion now exceeding the original grant funding of $955,000 allocated by NSW Government Office of Sport in 2022.

At the request of WRL staff have had multiple discussions with the Office of Sport regarding transferring the grant funding to Council instead of withdrawing the grant funding offer. This discussion was based on the confidence the Office of Sport staff have in Council’s planning, development, and project delivery. However, despite this in August 2024 WRL received a notification letter of intent to terminate the funding agreement from the Office of Sport Chief Executive.

Council Staff, WRL, NSW Rugby League and Dr Joe McGirr have since held meetings and lobbied for the retention of the grant. All parties met on the 31 October 2024 to review options to provide funding and assist in delivery of the project. The transferring of the grant funds was seen as a strong argument for their retention as partnering with Wagga Wagga City Council to lead the project and its delivery will ensure the project will be managed by a governance structure that enables all key stakeholders to have a level of confidence in the planning, implementation and milestone reporting of the project.

At the Ordinary Meeting of Council held 25 November 2024 it was resolved:

That Council:

c endorse the transferring of grant funds of $955,000 awarded to Wagga Rugby League from NSW Office of Sport to Council

d receive a further report of the efforts to gain additional funding for this project

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

This resolution included the allocation of $318,790 of Council funds to the project.

It was also noted in the report that the project would not be able to proceed with its current scope unless additional funds that were being sought from the NSW Government and NSW Rugby League were forthcoming.

Although the Office of Sport has offered to reinstate the funds if Council becomes the lead agency for delivery, no further funding has been able to be realised from the NSW Government. A detailed funding application is still being considered by NSW Rugby League with a response expected in the near future.

Given that no additional funding has been secured a review of the project has been undertaken and a scope developed that meets the grant funding obligations and can be delivered in two stages (Attachment 1)

Stage 1 would utilise the $955,000 in funding provided by the Greater Cities and Regional Sport Facility Fund 2021/22 along with the $318,790 in Council funds and a $30,000 contributed by Wagga Rugby League for a total project value of $1,303,790. This will deliver increased accessibility, four female friendly changerooms, a meeting room, storage, canteen and bar facilities.

Stage 2 is estimated to cost $300,000 and will only be delivered should the funding submission to NSW Rugby League be successful. This stage allows for the construction of a 2^nd story inclusive of a commentary and timekeepers box, elevated walkways, coaches boxes and other multiple purpose rooms.

It is proposed that Council enter an agreement with Wagga Rugby League to deliver Stage 1 of the project. This arrangement has been shown to be successful in the past as Wagga Rugby League can leverage off existing relationships to get better value. A majority of the works undertaken at Geohex Park were delivered under this method. Oversite of the project will be maintained by Council’s City Growth and Regional Asset division.

Wagga Rugby League in April 2022 received $286,500 for the Milestone 1 payment. The balance of funds for the remaining milestones 2 to 5 will be managed by Wagga Wagga City Council with expenditure to date to be provided to Council for verification. Councils’ agreement with Wagga Rugby League will acknowledge and deduct this funding from future milestone payments. The agreement will also require evidence of the $30,000 contribution.

The Harris Park Community Amenities Construction Project schedule and budget has been developed by Wagga Rugby League and Mark Hallam Builder Pty Ltd who will be engaged to undertake the majority of the construction works at Harris Park. It is proposed that construction will start the second half of 2025 and completed in the first half of 2026.

Financial Implications

Delivery of stage 1 of the Harris Park Amenities will cost $1,303,790. This will be funded utilising:

Office of Sport Funding ($286,500 has already been paid to Wagga Rugby League, it is proposed that this be allocated in the 2025/26 financial year).	$955,000
Community Amenities General Purpose Revenue funded allocation (currently funded 2029/30 and 2030/31. It is proposed to bring this funding forward to 25/26 financial year).	$318,790
Wagga Rugby League Contribution	$30,000
Total Estimated Cost of Project	$1,303,790

Due to the current compilation of the 2025/26 Long Term Financial Plan document, all budget variations will be processed after 1 July 2025.

Policy and Legislation

Wagga Wagga Recreation, Open space and Community Strategy and Implementation Plan 2040

Harris Park Masterplan

Link to Strategic Plan

Community Place and Identity

Objective: Our community are proud of where we live and our identity

Provide services that contribute to Wagga Wagga being family friendly

Risk Management Issues for Council

Internal / External Consultation

External consultation has been undertaken with the NSW Office of Sport, NSW Rugby League and Wagga Rugby League

Internal Consultation has been undertaken with the City Growth and Regional Assets, Buildings and Finance divisions of Council.

Attachments

1 ⇩.

Harris Park Amenities - 2 Stage Plans

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-5

RP-5 REQUEST TO TRANSFER CROWN ROAD TO COUNCIL CONTROL - BAKERS LANE NORTH

Author: Matthew Dombrovski

Executive: Fiona Piltz

Summary:

This report seeks Council endorsement for a request to the NSW Department of Crown Lands to transfer a Crown Road to Council.

Recommendation

That Council:

a authorise the General Manager or their delegate to request the transfer of the whole of the road between the Sturt Highway and Gumly Road from the Department of Crown Lands to Council

b authorise the affixing of Council’s common seal to any documents required to give effect to this resolution

Report

A Development Application (DA23/1057) was lodged with Council for an 11 lot subdivision (for highway enterprise corridor uses) at 3870 Sturt Highway, Gumly Gumly.

The subdivision site is known as 3870 Sturt Highway, Gumly Gumly, and identified as Lot 1 in DP 305732 and Lot 1 in DP 1085667. The site has a combined area of 19.63 hectares. The site is bound by the Sturt Highway to the south and Gumly Road to the north. See below image showing the site location.

The proposed development includes:

1. Intersection upgrade works at the junction of the Sturt Highway and Bakers Lane in the form of a roundabout

2. Road construction to upgrade the existing Crown Road extending north from the Sturt Highway and Bakers Lane junction including a cul-de-sac for turning at its northern extent

3. Road construction to provide an east-west internal access road servicing the proposed allotments. The internal access road will incorporate a cul-de-sac for turning at its western extent. The road will terminate to provide for future access to adjoining land to the west; and

4. Service augmentation including a stormwater detention system.

A Crown Road adjoins the eastern boundaries of both Lot 1 DP 305732 and Lot 1 DP 1085667. The Crown Road is currently undeveloped with the exception of an informal access track extending from the Sturt Highway through to Gumly Road.

In October 2023 Civil and Civic Group Pty Ltd lodged a Class 1 Development Appeal pursuant to Section 8.7 of the Environmental Planning and Assessment Act 1979 in response to Council’s deemed refusal of Development Application DA23/1057.

On 31 December 2024 the NSW Land and Environment Court (LEC) granted development consent for the development. A copy of the LEC Judgement and the development consent are provided as attachments to this report. The following plan illustrates the layout of the approved subdivision development.

It is noted that the development proposes the construction of a road over part of the adjoining Crown road that will then provide access to the proposed subdivision from the proposed round-about intersection on the Sturt Highway.

Prior to the issue of a subdivision works certificate and prior to any approval under Section 138 of the Roads Act 1993 for any works within Bakers Lane or the Sturt Highway, the Crown road needs to be transferred to Council as the road authority.

The southern section of the Crown Road required to be transferred under the consent condition to Council is illustrated below. Despite the consent condition only requiring the southern section to be transferred to Council, Council has received advice from Crown Lands that “it is preferred that the whole of the crown road between the Sturt Highway and Gumly Road is transferred to Council.”

.”

Given this information and noting that Crown Land is not a road authority, it is recommended that Council seek the transfer of the road from the Department of Crown Lands to Council. Without this transfer, Council would be unable to exercise full control over the road, potentially delaying or complicating any proposed subdivision works, infrastructure upgrades, or access improvements.

The Department has criteria for the transfer of roads to Council, which Council meets. The relevant criteria are extracted below. Notwithstanding that the formal consent was issued through an order of the Land and Environment Court, this is still considered a development consent granted by Council, and therefore the application to have the road transferred is considered appropriate.

The timeframe for the transfer of control of the road is indeterminable and subject to approval by the Department of Crown Lands. Crown Lands have been directly contacted by the developer in relation to this matter and are aware that this request will be forthcoming subject to Council’s endorsement.

Financial Implications

If control of the road in question is transferred to Council, Council will be responsible for all ongoing maintenance costs associated with the road – both in terms of the constructed and unconstructed portions. This will be factored into future roads maintenance programs.

Policy and Legislation

Local Government Act 1993

Roads Act 1993

Crown Land Management Act 2016

Link to Strategic Plan

Growing Economy

Objective: Wagga Wagga is an attractive location for people to live, work and invest

Attract and support local businesses, industry, and employment opportunities

Risk Management Issues for Council

Council has a responsibility to appropriately manage land of which it is the appointed roads authority. At the current point in time, Council is not the owner, manager, or roads authority of land which is required to facilitate a development approval granted by Council (albeit, via the Land and Environment Court.) It is therefore appropriate that Council request the transfer of the road.

Once transferred to Council, the whole of the road corridor (both constructed and unconstructed) becomes Council’s responsibility. Council has obligations pursuant to Section 5 of the Roads Act to ensure that a public road is passable by foot, vehicle or otherwise. There is a risk that the northern portion of the road that is not the subject of the proposed development will be sought to be used by members of the public to create a thoroughfare between the Sturt Highway and Gumly Road. This position is not supported by Council officers. It is suggested that this be monitored in the interim, and if this arises a further report be brought to Council outlining options, which may include considering the partial closure of the road to mitigate this risk.

Internal / External Consultation

Internal consultation has been held within Council’s Planning and Economy, Business and Workforce directorates.

External consultation has been and will continue to be conducted with the proponent, Civil and Civic, and Department of Crown Lands.

Attachments

1 ⇩.	Location of Crown Road
2 ⇩.	NSW LEC Judgement Determination
3 ⇩.	Determination of Development Application
4 ⇩.	Site plan for approved subdivision

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-6

RP-6 PROPOSED LICENCE OF LAND FROM ESSENTIAL ENERGY - PART LOT 1 DP 1088209

Author: Matthew Dombrovski

Executive: Fiona Piltz

Summary:

This report relates to an access driveway utilised by Council over Essential Energy land, and seeks Council endorsement to a formal access licence agreement being entered into over part Lot 1 DP 1088209, known as 565B Kooringal Road, Wagga Wagga. This access point serves both 565 & 565A Kooringal Road, Wagga Wagga, the location of two Council managed facilities.

Recommendation

That Council:

a authorise the General Manager or their delegate to negotiate entry into an agreement with Essential Energy over land located at 565B Kooringal Road, Wagga Wagga (being Part Lot 1 DP 1088209)

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

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

Report

Council officers have been liaising with Essential Energy in relation to entry into a formal access licence agreement over part of Essential Energy’s land being Part Lot 1 DP 1088209, known as 565B Kooringal Road, Wagga Wagga. This agreement would formalise the current arrangement where Council has built a gravel access driveway across the Essential Energy land to provide access to both 565 & 565A Kooringal Road, Wagga Wagga (being Kooringal Casual Child Care Centre and O’Halloran Hall respectively). A proposed map of the access licence area is found in Annexure A.

It is noted that directly to the east of the Essential Energy site there is a small portion of Crown Land (Lot 327 DP 822911) which is reserved for the purpose of access, however, the costs of establishing this as a formal access point, including creation of driveway access over drainage channel, grading of the driveway and removal of trees to facilitate vehicular access, means that the existing Essential Energy driveway serves as a much more cost effective method of accessing the Council lots. There is also an unresolved Aboriginal Land Claim that would prevent such works from occurring pending the claim being finalised.

Council is therefore taking steps to formalise the agreement to establish clear terms and conditions regarding the access driveway and secure a formal access to both community facilities located on 565 & 565A Kooringal Road, Wagga Wagga.

The proposed agreement terms are outlined as follows:

Term	5 years
Licence fee	$1.00
Permitted use	Access road for the purpose only of egress from Kooringal Road to the Adjoining Properties
Special condition	At its cost, Council is to maintain the Licensed Area in good condition during the term of this Licence, which maintenance includes grading of the unsealed road contained within the Licensed Area on an annual basis in a proper and workmanlike manner

It is noted that Council is already undertaking the maintenance of this access driveway, and this licence serves to formalise the existing arrangement. No additional costs (other than the nominal licence fee, if called upon) will be incurred if Council were to proceed on this basis.

It is recommended Council resolve to enter into the formal access licence agreement with Essential Energy over the driveway of 565B Kooringal Road, Wagga Wagga as outlined in this report.

Financial Implications

NIL

Policy and Legislation

Local Government Act 1993

Acquisition, Disposal and Management of Land Policy POL 038

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

Ensure transparency and accountability

Risk Management Issues for Council

Council has an obligation to appropriately manage its real property assets. If the recommendation is endorsed, the rights of the licensees and users of community facilities located on the adjacent properties at 565 & 565A Kooringal Road, Wagga Wagga will be secured because there will be a formal agreement in place to provide security that access to the sites will not be impeded.

Internal / External Consultation

Internal consultation has been undertaken within Council’s City Engineering, Community and Economy, Business & Workforce Directorates.

External consultation has been undertaken with Essential Energy.

Attachments

1 ⇩.

Annexure 1 - Licence Area Map

Report submitted to the Ordinary Meeting of Council on Monday 7 April 2025

RP-7

RP-7 QUESTIONS WITH NOTICE

Author: Scott Gray

Summary:

This report is to respond to questions with notice raised by Councillors in accordance with Council’s Code of Meeting Practice.

Recommendation

That Council receive and note the report.

Report

The following questions with notice were received prior to the meeting, in accordance with the Code of Meeting Practice.

Councillor Foley

Are all the CCTV cameras along Baylis Street in working condition, and if not, when will they all be operational?

Apparently, the Police have access to a live feed of the CCTV cameras and can adjust them to better view a live situation only. How can the Police be given access to the CCTV system to check the footage of past incidents?

Is there any way for Artificial Intelligence be incorporated into the CCTV system so that it can highlight suspicious activity?

All CCTV cameras in Baylis, Fitzmaurice and Gurwood Streets are operational except for Nodes 7 (Corner of Morgan and Baylis), 11 (front of 123-125 Baylis) and 13 (front of 166 Baylis), which have been scheduled for replacement in the coming weeks pending contractor availability.

Police have the ability through the computer at the station to view live footage, move and pan cameras and also rewind to view any footage that is available on Council servers (up to 30 days). The only function that the Police cannot carry out is the download and storing of footage. This is requested through Council following predefined approval processes required by the Police.

Council has replaced the majority of CCTV cameras in Baylis, Fitzmaurice and Gurwood Streets with cameras that provide the ability to incorporate certain intelligent or AI features. Regarding suspicious activity detection, these include:

- Object detection (people, vehicle)

- Object attribute recognition (type of vehicle, person’s gender, colour of clothing, hats, bags etc.)

- Target object search (searching across all cameras to locate certain objects)

- Face detection and tracking

Note that these features may require additional licensing or infrastructure and may not be available on all CCTV cameras.

Councillor Foley

The proliferation of smoke shops along Baylis Street where it is suggested illegal activity is taking place. Some of these shops are opening up as a different business with a second task being to sell illegal cigarettes. The question here is:

Are these businesses requesting any Council consents to operate their business, and if so, how often are these new businesses being inspected to ensure they are confirming with any consents granted?

New retail businesses (shops) moving into existing premises within the main street would not generally require development consent from Council. This is because there are exemptions under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 that allow business premises, office premises and retail premises to be used as shops without the requirement to obtain development consent.

“Smoke shops” would be a type of retail premises (a shop) and therefore would be able to establish in existing business premises, office premises and retail premises in the main street without development consent.

Councillor Koschel

Will there be a review of the red bin system given the recent changes to the green bins, meaning more rubbish will go back into the red bins?

Based on recent bin audits, households can significantly reduce the amount of general household waste going into their red bins by placing the right household items in the right bin. Our kerbside bin audits show that a household generates 9kg per week of general waste, 4kg of recycling and 8kgs of food and garden waste. Considering that each household is supplied with bins that hold 80kgs worth of volume there is no evidence to support that change at this time is needed.

If community members need support or assistance in separating their waste, understanding what can and cannot go in each of the bins they can have a look at Councils website for more information https://wagga.nsw.gov.au/services/waste-and-recycling if they have more questions they can contact Council’s Customer Service Centre who will then arrange for the Waste Management Team to make contact with the resident.

Over the coming 12 months Council will be increasing their education campaigns across the LGA in relation to the separation of household waste with a continued focus on how everyone can contribute to reducing waste going to landfill.

Councillor Koschel

Are we able to look at a maintenance program for Mangoplah Cemetery, as this is not a council owned asset and it doesn't get maintained.

Council’s current budget will allow for mowing to be undertaken twice a year at the Mangoplah Cemetery.

Councillor Parkins

Why did Council cease being a lids for kids drop off service?

Lids4Kids recycles bottle lids into sustainable products. Locally, Lids4Kids has been supported by Gregadoo Waste Management Centre staff and volunteers collecting and sorting the lids.

Due to changes in the Lids4kids collection processes and costs, as well as increasing financial and logistical challenges, Wagga Wagga City Council has made the decision to discontinue involvement in this scheme and has removed the collection points.

Council will continue to investigate alternative options for the disposal of bottle lids.

For dedicated supporters of the Lids4Kids program, you can now purchase a recycled, reusable bag and send it to Lids4Kids through Australia Post.

Councillor Tanner

Does Council have a policy on residents lopping street trees.

Yes, Council’s Street Tree Policy (POL 048) references the following:

· Street trees are the responsibility of Council and the overall management of street trees, including the selection, planting, maintenance, removal and risk management are carried out by the Parks Operations Division.

· A person shall not prune, remove or plant a tree in the road reserve or nature strip without the written consent of Council.

· Street tree pruning is determined by customer requests, by suburb area maintenance demands or in an emergency situation. Street tree pruning is determined on a street by street need basis, tree species and tree habit. Street tree pruning will be carried out by Council staff, or by Council preferred contractors.

Financial Implications

N/A

Policy and Legislation

Code of Meeting Practice

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

N/A

Internal / External Consultation

N/A