AGENDA AND BUSINESS PAPER

 

 

Ordinary Meeting of Council

 

 

 

To be held on
Monday

10 February 2020

AT 6:00pm

 

 

 

Cnr Baylis and Morrow Streets,
Wagga Wagga NSW 2650
PO Box 20, Wagga Wagga

 

Phone: 1300 292 442
Fax: 02 6926 9199
Website:
www.wagga.nsw.gov.au


NOTICE OF MEETING

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations there under, notice is hereby given that an Ordinary Meeting of the Council of the City of Wagga Wagga will be held in the Council Chamber, Civic Centre, Corner Baylis and Morrow Streets, Wagga Wagga, on Monday 10 February 2020 at 6:00pm.

Council live streams video and audio of Council meetings. Members of the public are advised that their voice and/or image may form part of the webcast.

2Peter_500px

Mr Peter Thompson

General Manager

 


WAGGA WAGGA CITY COUNCILLORS

 

Councillor G

Mayor

Councillor Greg

Conkey OAM

Councillor D

Deputy Mayor

Councillor Dallas Tout

Councillor Y

Councillor Yvonne Braid

Councillor P

Councillor Paul Funnell

Councillor D

Councillor Dan Hayes

Councillor V

Councillor Vanessa Keenan

Councillor R

Councillor Rod Kendall

Councillor T

Councillor Tim Koschel

Councillor K

Councillor Kerry Pascoe

 

 

 

 

 

QUORUM

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being who are eligible to vote at the meeting.


COUNCIL MEETING ROOM

 


Reports submitted to the Ordinary Meeting of Council to be held on Monday 10 February 2020.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 10 February 2020

ORDER OF BUSINESS:

CLAUSE               PRECIS                                                                                       PAGE

PRAYER                                                                                                                       3

ACKNOWLEDGEMENT OF COUNTRY                                                                          3

APOLOGIES                                                                                                                 3

Confirmation of Minutes

CM-1           Ordinary Council Meeting - 20 January 2020                                3  

DECLARATIONS OF INTEREST                                                                                    3

Notices of Motions of Rescission

NOR-1         RESCISSION MOTION - ROADSIDE MEMORIALS POLICY - POL118         4  

Reports from Staff

RP-1            DA19/0537 Concept Development Application at 231 Gurwood Street - Eric Weissel Oval                                                                                7

RP-2            DA18/0262 - RE-DEVELOPMENT OF SITE AT 11 STURT STREET, WAGGA WAGGA LOT 12 DP1237398                                                                                          17

RP-3            Proposed Adoption of Planning Proposal (LEP19/0006) to rezone land on the corner of Avocet Drive and Rainbow Drive, Estella     21

RP-4            PROPOSED ROAD LEASE RENEWAL TO WAGGA MINI MIX AND PRECAST CONCRETE PTY LTD                                                                                                  28

RP-5            FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - APPOINTMENT OF COUNCILLOR                                                                                          32

RP-6            COMPLAINTS HANDLING POLICY                                                          34

RP-7            86 Harris Road Gobbagombalin (DA18/0302) Proposal to Defer Developer Contributions                                                                                     50

RP-8            RFT2020-14 RELOCATION OF RISING MAIN SPS15 TO KOORINGAL SEWAGE WORKS                                                                                                                55

RP-9            RFT2020-22 Farrer Road widening - changes to scope            57  

Committee Minutes

M-1              AIRPORT ADVISORY COMMITTEE - MINUTES - NOVEMBER AND DECEMBER 2019  61   

QUESTIONS/BUSINESS WITH NOTICE                                                                       71

Confidential Reports

CONF-1       PROPOSED EASEMENT FOR RIGHT OF CARRIAGEWAY WITH LOTS A & C DP 311306 AT TARCUTTA STREET, WAGGA                                                            72

 

 

 

CONF-2       PROPOSED ACQUISTION OF LAND AND EASEMENTS FOR STORMWATER AND SEWER MANAGEMENT WITHIN LOT 2 DP 719938 AT HARRIS ROAD, GOBBAGOMBALIN                                                                                  73

CONF-3       PROPOSED ACQUISITION OF LAND FOR GREGADOO ROAD WIDENING 74

CONF-4       RFT2020-06 MUSEUM REDEVELOPMENT DESIGN & CONSTRUCTION  75

CONF-5       RFQ2020-534 Supply of Four 4x2 Crew Cab Tipper Trucks       76  

 


PRAYER

 

 

ACKNOWLEDGEMENT OF COUNTRY

 

 

APOLOGIES

 

 

Confirmation of Minutes  

 

CM-1              Ordinary Council Meeting - 20 January 2020       

 

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 20 January 2020 be confirmed as a true and accurate record.

 

 

Attachments

 

1.

Minutes - Ordinary Council Meeting - 20 January 2020

77

 

 

 

DECLARATIONS OF INTEREST


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

NOR-1

 

Notice of Motions of Rescission

NOR-1           RESCISSION MOTION - ROADSIDE MEMORIALS POLICY - POL118

Councillor:   Councillor Tim Koschel         

 

 

Summary:

Request to rescind resolution 20/0010 resolved at the 20 January 2020 Ordinary Council Meeting.

 

 

Recommendation

That Council rescind resolution 20/0010 carried on 20 January 2020 which reads as follows:

That Council:

a       note that there was one public submission received during the exhibition period the draft POL118 Roadside Memorials Policy

b       adopt the POL118 Roadside Memorial Policy

 

Report

A rescission motion signed by Councillor Tim Koschel, Councillor Kerry Pascoe and The Mayor, Councillor Greg Conkey OAM has been received by Council to rescind the following resolution (20/0010):

 

That Council:

a       note that there was one public submission received during the exhibition period the draft POL118 Roadside Memorials Policy

b       adopt the POL118 Roadside Memorial Policy

 

A copy of the rescission motion is attached.

 

Financial Implications

N/A

Policy and Legislation

Roadside Memorials Policy – POL 118

Code of Meeting Practice

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent


 

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

 

Attachments

 

1.

Signed Rescission Motion

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

NOR-1

 

  

 

 


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-1

 

Reports from Staff

RP-1               DA19/0537 Concept Development Application at 231 Gurwood Street - Eric Weissel Oval

Author:                       Adam Wood 

General Manager:    Peter Thompson

         

 

Summary:

The application seeks concept development approval for a future staged development at 231 Gurwood Street.

 

The intent of the concept development application is to provide an overarching development scenario for a subject site. This provides a clear indication of the future development outcome for a site and includes parameters to guide future urban development on that site.

 

The concept development application as submitted in this instance is not proposing any works. Any works on the site will be subject to a separate development application that must adhere to the parameters set out in the concept development application. This includes any subdivision, landscaping or terraforming works, construction of dwellings or installation of services.

 

The recommendation is for approval subject to conditions.

 

 

Recommendation

That Council approve the Concept Development application for land located at 231 Gurwood Street subject to the conditions outlined in the Section 4.15 assessment report for DA19/0537.

 

Development Application Details

 

Applicant

Chris Nash for Gurwood Pty Ltd

Owner

Gurwood Pty Ltd

Director

Marjorie Jean Nash

Development Cost

N/A

Development Description

Concept development application for land located at 231 Gurwood Street.

 


 

Site, location and surrounding development

 

The development application is for Lot 1 DP 726729, Lot 328 DP 823293, Lot 11 and 12 DP 20812, located at 231 Gurwood Street, Wagga Wagga (the location of the former Eric Weissel Oval).

 

The land is approximately 3.5 hectares in area with negligible gradient present. The subject land is not encumbered by any easements or covenants. The site is currently vacant. Previously structures including a clubhouse and grandstand have been removed. Only remnant hardstand surfaces and retaining walls remain in place.

 

The current state of the site is undesirable and does not make a contribution to the quality of the surrounding urban environment. The site is significantly alienated with no development having taken place in several years.

 

The site is approximately 1.8km west of the Wagga Wagga Central Business District and is bounded by Kincaid Street to the north, Shaw Street to the east, Gurwood Street to the south and Thomas Street to the west.

 

The site is located close by to other key locations including the Wagga Wagga Health and Knowledge Precinct and the Morgan Street business area. In addition, it is directly south-west of the Murrumbidgee Turf Club and within walking distance of a number of recreational and entertainment venues including the Wagga Wagga RSL club.

 

The site is also located directly adjacent the Wagga Wagga Active Travel Pathway network which provides ease of access to other locations in the city.

 

 

Local Character Analysis

 

The site is surrounded by a pre-existing residential area.

 

 

·        The surrounding area is a low-density residential area consisting of 1 and 2 storey dwellings. The housing is drawn from a mix of differing architectural styles and varies significantly by age.

·        There are terrace houses similar in form to those which provide the bulk of the proposed development already existing directly opposite the site on Kincaid Street.

·        Even though the area is not a Heritage Conservation Area, there are some stylistic features throughout the locality which are significant to neighbourhood character and should be respected in future design.

·        There are some multi-unit developments and dual occupancies and medium density townhouses interspersed throughout the neighbourhood.

·        Kincaid Street and Gurwood Street are two collector roads but retain a low rise residential built form.

·        Road verges are defined by existing large mature trees.

 

In response to this character context the following aspects of the proposed development are noted:

 

·        The majority of this development will be completed as two to three storey terrace house and townhouse structures that will be compatible with existing residential character and meet R3 zone objectives.

·        The apartment building site to the south-western corner of the site will be a new feature to the neighbourhood and will be subject to merit-based assessment to ensure that its final design provides appropriate transition from surrounding urban form and minimises impacts.

·        The south-western corner is the appropriate location for the apartment site as this directs impacts such as shadowing principally onto the adjoining roadways rather than to adjoining residential development.

·        The development concept is designed to outwardly project attractive features including facades, landscaping and street trees with service features and accesses recessed to low profile locations.

·        The final detailed design of residences on the site is likely to be modern but may feature design cues from the surrounding area.

·        Exhibition of the current and the previous development concepts for the site have not resulted in substantial or widespread community objection.

 

The urban design report provides a visual representation of the desired built form for the site.

 

 

 

This design response is compatible with the existing residential character of the area but sufficiently different to satisfy the requirements of the different zone applying to the site. It represents a suitable step-change in development in the area in order to satisfy the strategic imperatives of the city.

 

Land Zoning and Previous Development Approvals

 

The site is zoned R3 Medium Density Residential Zone under the Wagga Wagga Local Environmental Plan 2010 (LEP 2010). The objectives of the zone are:

•        To provide for the housing needs of the community within a medium density residential environment.

•        To provide a variety of housing types within a medium density residential environment.

•        To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•        To ensure that medium density residential environments are of a high visual quality in their presentation to public streets and spaces.

 

The R3 Medium Density Residential zone permits the development of land uses proposed by this concept development application. The zone is promoting a higher density of residential development and the concept development application supports this outcome by providing opportunities for a variety of residential land uses in an integrated and efficient fashion. The master planned design proposed for the site will contribute to high level of visual quality in the presentation of local streets and spaces.

DA14/0558 was previously granted consent on the site. DA14/0558 was a development application for a Staged Development pursuant to pursuant to then-Section 83B of the Environmental Planning and Assessment Act 1979. This included concept approval for subdivision providing 140 dwelling lots, access roads, open space provision and approval for the first stage of that concept comprising 10 medium density dwellings. Consent for DA14/0558 lapsed on 31 October 2019.

 

Strategic Vision and Opportunities

 

Council is currently in the process of reviewing and developing new land use strategies for the city. One of the key documents that is currently being developed is the Wagga Wagga Local Strategic Planning Statement (LSPS). This document considers the communities aspirations and provides a blueprint for how and where we want Wagga Wagga to grow into the future.

 

Wagga Wagga’s population is expected to grow to approximately 100000 people over the next 20 years. Whilst most of the housing will be provided for within urban release areas, infill development, through redevelopment and intensification as proposed, will also play a vital role in utilising existing services to accommodate the growth population of the city. The proposal will optimise the use of land that is currently serviced by public infrastructure and accessible to existing local community facilities.

 

The site is a key opportunity site within proximity to other key locations including the Wagga Wagga CBD, Health and Knowledge Precinct and the Morgan Street business area. It is ideally zoned and located to support additional residential opportunities to address the housing demand and anticipated population growth of the city.

 

To convert this opportunity to the greatest benefit for the city, the site ideally should be developed by a master planned approach to ensure that the density achieves strategic goals for the city whilst retaining the amenity and presentation of the neighbourhood

 

The site can be leveraged to provide openings for housing types and designs which are currently underrepresented in the Wagga Wagga housing offering, expanding the appeal and suitability of the city to current and prospective new residents.

 

Future development of the site should allow for efficient use of scarce inner urban lands, supporting residential living opportunities near employment, services and amenities. The subject site is exceptional in providing the opportunity for an integrated solution across a full city block.

 

Proposed Concept and Integrated Design

 

The proposal is a concept development application, involving a master plan approach to develop a medium density residential neighbourhood. It will provide a diverse range of housing typologies, accommodating a projected yield of approximately 160 dwellings in total.

 

A master plan has been submitted with the application that provides a layout of roads, landscaping, infrastructure and developable areas for residential lots. This includes the development of a central public road through the site, supported by laneways providing vehicle access to the rear of properties. These are complemented by green corridors acting as pedestrian streets. The green spaces connect the neighbourhood to the surrounding streets and separate most vehicle and pedestrian movements. The development is designed to outwardly present attractive features including residential facades and street trees rather than garages and hardstand parking areas. The development reconciles high quality residential design with efficient use of space to complement the surrounding neighbourhood. This design approach is innovative and provides a superior urban outcome than can be achieved under current DCP provisions. This integrated design approach achieves greater housing diversity than would be possible under current DCP provisions.

 

Separate to the urban design report, the application also provides a staging plan detailing the sequence by which areas shall be developed and the corresponding infrastructure to be provided at each stage. It is recommended by this assessment that the staging plan is incorporated into the urban design report.

 

Site Specific Controls

 

To support the aforementioned integrated design, the urban design report provides a set of bespoke provisions to guide future development of residential land uses on the development site. Future development on the site for these purposes will require separate development consent and will be assessed against the controls provided in the urban design report. These controls will substitute for a number of provisions in the DCP.

 

This will result in the following sections DCP being given alternative consideration during future development assessments. This include, but are not limited to the following

 

Section 1.10 - Notification of a Development Application

Section 2.7 - Development adjoining open space

Section 7.2.3 - Solar access, energy efficiency and size and shape of lots

Section 9.2.2 - Streetscape

Section 9.3.1 - Site area per dwelling

Section 9.3.4 - Solar access

 

A more detailed description of the proposed alternative controls is provided in the attached Section 4.15 assessment report for DA19/0537.

 

Proposed Housing Types

 

The concept development application is proposing a residential development for the site that consists of a range of housing types. These typologies include a range of categories including separate dwelling houses, semi-detached townhouses and terrace housing. A portion of the site is reserved for the development of apartments. This land parcel could also potentially be used for seniors living housing, but this would be subject to separate development assessment which would need to adequately address flood risk.

 

This style of residential development is both compatible with and complementary to existing residential development in the surrounds. It will enable a higher concentration of dwellings on the site and expand the range of housing opportunities for the city’s growing population.

 


 

Overall Suitability of Development Concept

 

Taking into account the zoning of the site, its setting and proximity to other key areas and linkages in the city, the site is ideal for redevelopment which capitalises upon its unique setting and location. The development of this site as proposed will contribute to a diverse housing mix available within the city.

 

Assessment

 

A full assessment of the application has been provided in the attached assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Reasons for Approval

 

The application is supported for the following reasons:

 

·        The land is suitable for a higher density of residential development consistent with R3 Medium Density Residential zone objectives.

·        The urban design report provides a design response to deliver upon zone objectives whilst being compatible with existing neighbourhood character.

·        The urban design report provides its design response in an integrated fashion which maximises the opportunity presented by the redevelopment of a complete city block.

·        The development controls provided for the future of the site are different from those existing in the DCP but meet the intent and performance requirements for this style of development in the city.

 

Financial Implications

 

Approval of the concept development application will define the parameters for ongoing development of the site via subsequent development applications. It is anticipated that approval of the concept development application will result in numerous subsequent development applications on individual lots to be created in the precinct in the near-to-mid-term future. This has financial implications for Wagga Wagga City Council.

 

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

 

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

 

The Section 7.11 and Section 64 contribution applies and will apply to any future development consents on the land. No request has been received to enter into any planning agreement at this time, whether in relation to the current concept development applications or later development applications pertaining to new lots to be subdivided on the site.

Policy

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 200x

Wagga Wagga Local Environmental Plan 2010

Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

Refusal of the application may result in an appeal process in the Land and Environment Court which will have to be defended by Council. The reasons for refusal will have to be justified and withstand scrutiny and cross examination in Court.

Internal / External Consultation

Full details of internal and external consultation undertaken are provided in the attached assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

 

ü

 

ü

 

 

 

 

 

 

 

ü

 

Involve

 

 

 

 

 

 

 

 

Collaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments

 

1.

DA19/0537 - Urban Design Report and Master Plan - Provided under separate cover

 

2.

DA19/0537 - Council's assessment report - Provided under separate cover

 

3.

DA19/0537 - Traffic Management Plan - Provided under separate cover

 

4.

DA19/0537 - Staging Plan - Provided under separate cover

 

5.

DA19/0537 - Statement of Environmental Effects - Provided under separate cover

 

6.

DA19/0537 - Landscape Master Plan - Provided under separate cover

 

7.

DA19/0537 - Geotech Investigation - Provided under separate cover

 

8.

DA19/0537 - Electromagnetic Survey - Provided under separate cover

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-2

 

RP-2               DA18/0262 - RE-DEVELOPMENT OF SITE AT 11 STURT STREET, WAGGA WAGGA LOT 12 DP1237398

Author:                        Amanda Gray 

General Manager:    Peter Thompson

         

 

Summary:

The application is for the redevelopment of the subject site with a mixed-use development of commercial and residential flat buildings.

 

The development proposes a significant landmark building that extends to 17 storeys at its highest point. The design has been modified during the assessment period to respect surrounding buildings and the conservation area resulting in an increased scale to the northern side of the site adjacent to the river.

 

The determination of the application is reported to Council as it presents a matter of wider public interest, being a development of strategic significance.

 

 

Recommendation

That Council approve DA18/0262 for 67 residential flat buildings, 3 commercial tenancies, 91 car parking spaces and associated works at 11 Sturt Street subject to the conditions contained within the attached Section 4.15 assessment report.

 

Development Application Details

 

Applicant

Paul Ludlow for Newton Fisher & Associates

Owner

CRK Holdings Pty Ltd

Sole Director – Paul Stephen Kahlefeldt

Development Cost

$21,263,361.00

Development Description

Re-development of site to include 1 x 17 storey Residential Flat building with 3 levels of parking and 14 storeys of residential accommodation, 1 x 6 storey building with 1 level of commercial tenancies and 5 storeys of residential accommodation (total of 67 apartments with 91 car-parking spaces), linked landscaped podium and strata subdivision.

 

Report

Key Issues

 

·        Impact of development on character and amenity of the area

·        Height of Building

·        Access and parking

·        Activation of Cadell Place

·        Proximity to river

·        Compliance with SEPP65 and Wagga Wagga LEP 2010 and Wagga Wagga DCP 2010

 

Assessment

 

A full assessment of the application has been provided in the attached assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Reasons for Approval

 

·        The application site is within the B4 Mixed Use zone and the development is permitted with consent.

·        A planning proposal in 2019 removed the height limitation for the site to allow for a significant landmark building to be developed.

·        The residential apartments satisfy the standards that are laid out in State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and the Apartment Design Guide.

·        Parking has been provided in accordance with the required minimum standards, both within the building and externally.

·        The site is within the conservation area and within close proximity to a number of listed heritage items. The design of the development incorporates complementary materials and architectural features linking the Sturt Street streetscape to the existing historical character

·        Site conditions have been assessed as suitable for the redevelopment as proposed.

·        The impacts of the development have been addressed and considered acceptable.

·        Sixteen submissions have been received in support of the development and two objections against the development. The matters raised in submissions have been addressed in the Section 4.15 assessment report.

 

The s4.15 assessment report demonstrates that the development is consistent with the objectives and controls of the relevant plans and policies applicable to the development.

 

Site Location

 

The subject site is on the northern side of Sturt Street and the eastern side of Cadell Place as highlighted on the map extract below. The site is currently vacant.

 

 

Financial Implications

N/A

Policy

·        SEPP65 – Design Quality of Residential Apartment Development

·        Wagga Wagga Local Environmental Plan 2010

·        Wagga Wagga Development Control Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have housing that suits our needs

Risk Management Issues for Council

Refusal of the application may result in an appeal process in the Land and Environment Court, which will have to be defended by Council. The reasons for refusal will have to be justified and withstand scrutiny and cross examination in Court.

 

Approval is not considered to raise risk management issues for Council as the proposed development is generally consistent with the relevant provisions of any relevant State Environmental Planning Policy including SEPP 65, the Wagga Wagga Local Environmental Plan 2010 and the Wagga Wagga Development Control Plan 2010.

 

Internal / External Consultation

Pursuant to Section 1.10 of the Wagga Wagga Development Control Plan 2010, notification and advertising of the application was required. The application was advertised to the public and notified to surrounding properties from 9 October – 8 November 2019.

 

Full details of internal and external consultation are provided in the attached assessment report under the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

 

x

 

x

 

 

 

 

 

 

 

x

 

Involve

 

 

 

 

 

 

 

 

Collaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments

 

1.

DA18/0262 - Section 4.15 Assessment Report - Provided under separate cover

 

2.

DA18/0262 - SEPP 65 Assessment Report - Provided under separate cover

 

3.

DA18/0262 - Development Plans - Provided under separate cover

 

4.

DA18/0262 - Statement of Environmental Effects - Provided under separate cover

 

5.

DA18/0262 - Redacted Submissions - Provided under separate cover

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-3

 

RP-3               Proposed Adoption of Planning Proposal (LEP19/0006) to rezone land on the corner of Avocet Drive and Rainbow Drive, Estella

Author:         Adam Wood 

Director:       Michael Keys

         

Summary:

Council is in receipt of a planning proposal to rezone land to increase development potential of a neighbourhood shopping centre site, located on the corner of Avocet Drive and Rainbow Drive, Estella.

 

The above-mentioned Planning Proposal was presented to Council on 26 August 2019. Council indicated support of the planning proposal and resolved that the planning proposal be submitted to the Department of Planning, Industry and Environment for Gateway Determination.

 

Council has in turn received a Gateway Determination from NSW Department of Planning, Industry and Environment to proceed with the planning proposal subject to public consultation.

 

The purpose of the report is to provide feedback on the public consultation that occurred between 8 November 2019 and 6 December 2019.

 

The report also requests adoption and gazettal of the amendment to the Wagga Wagga Local Environmental Plan 2010 (LEP).

 

 

Recommendation

That Council:

a       note the receipt of two submissions during the exhibition period for planning proposal LEP19/0006, and response to items raised in those submissions

b       adopt the planning proposal LEP19/0006 to amend the Wagga Wagga Local Environmental Plan 2010

c        use Council delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the amendment

 

Planning Proposal Details

 

Proposal:

Amendment to the Wagga Wagga Local Environmental Plan 2010 to rezone part of Lot 6013 DP 1209232 from RE1 Public Recreation to B2 Local Centre and to remove the Land Reservation Acquisition Layer applicable to the same portion of land

Applicant:

Paul Eady for Gracelands Estates Pty Ltd

Land Owners

Gracelands Estates Pty Ltd.

Director: Juha Eerik Alatalo

Director: Antti Kullervo Alatalo

Director: Anni-Ilona Alatalo

Referrals:

Standard internal referrals

Referral to external agencies is not required.

Proposal

The proposal seeks to rezone approximately 2500sqm of land on Lot 6013 DP 1209232 from RE1 Public Recreation to B2 Local Centre and also to remove the Land Reservation Acquisition Layer applicable to the same portion of land as per the illustration below.

 

 

 

The application as lodged by the applicant is attached.

Key considerations

1.      Demand

 

The northern suburbs of Wagga Wagga (those being Boorooma, Estella, Gobbagombalin) are bounded by the Olympic Highway to the east, Coolamon Road to the north, Old Narrandera Road to the south and Charles Sturt University to the west. This area is among the fastest growing residential areas within the city and is identified for significant growth in the future. It is also the second fastest growing suburb in the State. Even though there are two zoned business sites, the sites remain vacant, and there is no centre to serve the needs of the community living in Boorooma, Estella, Gobbagombalin. The proposal intends to facilitate a larger development site to increase the feasibility of establishing a neighbourhood centre in the locality.

 

2.      Land use strategies underway

 

Council is currently in the process of reviewing and developing new land use strategies for the city. One of the key documents being developed is the Wagga Wagga Local Strategic Planning Statement (LSPS). This document considers the communities aspirations and provides a blueprint for how and where we want Wagga Wagga to grow into the future.

 

Council is also in the process of developing a Northern Growth Area Structure Plan.

 

The Plan will support the LSPS and will identify areas suitable for additional housing. The plan will direct improvements to the existing neighbourhoods of Boorooma, Estella and Gobbagombalin. This includes items such as the realignment of roads, open space networks and zoning to ensure improved urban and environmental outcomes. It will provide additional housing opportunities within zoned residential lands in the existing neighbourhoods. The plan will also encourage a larger development site to increase the feasibility of establishing a neighbourhood centre in the locality to serve the needs of the community living in Boorooma, Estella, Gobbagombalin.

 

The proposal is consistent with the objectives of the LSPS and Northern Growth Area Structure Plan currently being drafted and will facilitate development through providing the opportunity of a larger neighbourhood center on an existing business site to address specific needs of the community.

 

3.      Consistency with endorsed strategic directions

 

The planning proposal is consistent with the objectives the Wagga Wagga Spatial Plan 2013/2043 to facilitate development of a prosperous city and to support viable neighbourhood centres. The planning proposal is consistent with Council’s Wagga Wagga Retail Growth Strategy 2007 which advocated for the establishment of a local centre in the Estella and Boorooma neighbourhoods based on the demand generated by the projected population of the area.

 

The proposal is also consistent with the recommendations of the Riverina Murray Regional Plan 2036, Section 9.1 Ministerial Directions as well as all relevant State Environmental Planning Policies.

 

Council’s assessment report as well as Council report of 26 August 2019 are attached.

 

Gateway Determination

 

The NSW Department of Planning, Industry and Environment has issued a Gateway Determination for the planning proposal to proceed, subject to public consultation. The Gateway Determination is attached.

 

During the public exhibition period two submissions were received. The submissions and Council’s response are discussed in more detail under internal/external consultation section of this report.

 

Other than the requirement for public consultation, no further actions are required from Council.

 

Financial Implications

The planning proposal was submitted during the 2018/19 financial year. That planning proposal attracted a low complexity application fee of $7,500 from applicants. The application fee has been paid.

 

Part of Lot 6013 DP 1209232 will be removed from the Land Reservation Acquisition Map in the Wagga Wagga Local Environmental Plan 2010. As a result, Council will no longer be required to fund acquisition and upkeep of this land in future.

 

It is anticipated that the planning proposal will result in new development on the subject land in future. This has financial implications for Wagga Wagga City Council.

 

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

 

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

 

The Section 7.11 and Section 64 contribution applies and will apply to any future development consent on the land. The proponent also has the opportunity to enter into a planning agreement, however at the time of this assessment, no request has been received to enter into an agreement.

Policy and Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulations 2000

Wagga Wagga Local Environmental Plan 2010

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

An adoption of the planning proposal may be subject to public scrutiny and may put additional pressure on Council to consider the rezoning of lands throughout the local government area.

 

If Council decides not to endorse the proposal, the applicant may still approach the Department of Planning, Industry and Environment to seek approval.

Internal / External Consultation

Public consultation relating to the planning proposal has occurred for 28 days between 8 November 2019 and 6 December 2019 and has met the requirements of the Gateway Determination and Council’s Policy.

 

Notices were sent out to affected land owners and an advert was placed in the local newspaper and on Council’s website. Two written submissions were received during the exhibition period. Comments from these submissions are detailed in the table below and a response to the noted items is provided.

 

Summary of public submissions received

Comment 

Council response

Development for purposes of a shopping centre on the subject land would result in noise, light spill, waste disposal activities and loss of privacy and security.

A development consent exists for the existing B2 Zoned land. The proposal intends to facilitate a larger development site to increase the feasibility of establishing a neighbourhood centre in the locality. As such, a redesign of the shopping centre is required and will be subject to a new development application which would be subject to further public consultation. The larger site is likely to facilitate improved design solutions, specifically having regard to noise, light spill, waste disposal, privacy and security.

 

The southern extent of the B2 site at the location of the subject land is the most likely site for loading and unloading activities which would be detrimental to neighbouring houses.

The redesign of the shopping centre will be subject to a new development application (DA), public consultation and detailed assessment against the provisions of the Wagga Wagga Development Control Plan 2010. Consideration of an appropriate location for loading facilities and impact on neighbouring properties will be considered as part of the DA assessment. It should be noted that Section 10.4 of DCP requires that the design of neighbourhood shops is compatible with the amenity of surrounding land uses. It specifically requires to “protect the amenity and outlook of adjoining and nearby residences (as relevant). This may require locating potential noise sources away from sensitive receivers, and screening storage areas and the like.”

 

Properties have been purchased on the basis of open space being located in the current configuration.

The existing RE1 land provides a linkage to wider areas of open space for the local neighbourhood.

 

There is currently no neighbourhood centre in the northern suburbs of the city. The proposal will facilitate a future local centre on a parcel of land of existing and proposed B2 zoned land to accommodate the needs of the community. Access to the open space network is still available from Avocet Drive, Claymore Road, Comet Place, Rainbow Drive as well as Barossa Street. It should be noted that there is another planning proposal underway to reconsider the boundaries of the open space network in an effort to improve the urban outcome consistent with strategic vision for the locality.

Removing a green space for the purposes of carparking is not in the public interest.

The proposal to rezone the land is based on site opportunities to optimise use of the land and to address community needs. The land use (whether it’s a car parking area or retail area etc) is still to be determined as part of a future development application.

The B2 zone in Boorooma is very close and may be a better option for supermarket development.

B2 zones are previously established in both Boorooma and Estella in accordance with existing strategic planning to provide for commercial centres in the northern suburbs of Wagga Wagga. The current planning proposal process does not extend to an assessment of the relative merits of the two zoned locations.

 

There is currently no neighbourhood centre in the northern suburbs of the city The proposal will facilitate a future local centre on a parcel of land of existing and proposed B2 zoned land to accommodate the needs of the community.

If a future supermarket development fails will the green space be reinstated?

A commercial centre located adjacent to open spaces provides a strong focal point for the community and opportunities for active transport links across the northern growth area. It is ideally located and will meet current and future demands. The purpose of the current planning proposal process is consideration of the zoning change proposed at this point in time, not any other hypothetical change in future.

 


 

 

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

 

ü

 

ü

 

 

 

 

 

 

 

ü

 

Involve

 

 

 

 

 

 

 

 

Collaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments

 

1.

LEP19/0006 - Planning Assessment Report - Provided under separate cover

 

2.

LEP19/0006 - Planning Proposal - Provided under separate cover

 

3.

LEP19/0006 - Addendum to Planning Proposal - Provided under separate cover

 

4.

LEP19/0006 - Gateway Determination - Provided under separate cover

 

5.

LEP19/0006 - Minutes of Council Meeting - 26 August 2019 - Provided under separate cover

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-4

 

RP-4               PROPOSED ROAD LEASE RENEWAL TO WAGGA MINI MIX AND PRECAST CONCRETE PTY LTD

Author:         Dianne Wright 

Director:       Michael Keys

         

 

Summary:

This report authorises the renewal of a lease agreement under the provisions of the Roads Act 1993.

 

 

Recommendation

That Council:

a       enter into a lease agreement with Wagga Mini Mix and Precast Concrete Pty Ltd upon the following terms:

i         Property – disused section of the Urana Street road reserve measuring approximately 2,870m2

ii        Rent - $5,500 per annum (GST inclusive)

iii       Term – five years

b       note the lease is subject to public notice requirements under sections 154 and 156 of the Roads Act 1993

c        delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

 

Report

Reference is made to the lease agreement with Wagga Mini Mix and Precast Concrete Pty Ltd (ABN 22 067 037 969 Director: Paul Geoffrey Keough) over a disused section of Urana Street. The lease is for the purpose of depot/storage and expired on 31 December 2019.

 

The site comprises an area measuring approximately 2,870 square metres located adjacent to the Glenfield Road rail overpass and main southern railway line. This section of road was made redundant when the Glenfield Road rail overpass and associated approaches were developed.

 

Under the provisions of section 153 of the Roads Act 1993, Council as the relevant roads authority, may enter into a short term lease over unused public roads with an adjoining land owner or lease holder.

 

There are a range of requirements that must be adhered to in order for Council to do this, which are included in sections 154-157 of the Roads Act 1993 and include:

 

·    public notification of the proposed lease is undertaken via publication in a local newspaper

·    notice is served on each adjoining owner along the length of the public road affected by the proposed lease

·    the duration of the lease including any option must not exceed five years

·    if, after consideration of public notice submissions a lease is to be granted, a further notice of Council’s decision to grant the lease must be published in a local newspaper

·    the lease agreement must contain provision for cancellation at any time and for any reason

 

Subject to resolution of Council, terms have been agreed with Wagga Mini Mix and Precast Concrete Pty Ltd for a further lease of five years commencing 1 January 2020 at an initial annual rent of $5,000 per annum (excluding GST). The rent is subject to annual CPI rent reviews.

 

The initial annual rent represents the previous years annual rent increased according to CPI (rounded up to the nearest thousand).

 

Financial Implications

Income to the Property Management cost centre in accordance with Councils Long Term Financial Plan.

Policy and Legislation

The Roads Act 1993

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We attract and support local businesses and industry

Risk Management Issues for Council

N/A

Internal / External Consultation

Public notice will be undertaken in accordance with the requirements of the Roads Act 1993.

 

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

 

x

 

x

 

 

 

 

 

 

 

 

Involve

 

 

 

 

 

 

 

 

Collaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments

 

1.

Location Map - disused section of the Urana Street road reserve

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-4

 


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-5

 

RP-5               FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - APPOINTMENT OF COUNCILLOR

Director:       Caroline Angel

         

 

Summary:

Councillor Tim Koschel has tendered his resignation from the Floodplain Risk Management Advisory Committee leaving a vacancy for a Councillor representative on the committee.

 

 

Recommendation

That Council appoint one Councillor to the Floodplain Risk Management Advisory Committee.

 

Report

A vacancy on the Floodplain Risk Management Advisory Committee has arisen due to the resignation from the committee by Councillor Tim Koschel.

 

The primary purpose of the Committee is to provide an efficient and effective means of communicating and consulting with members of the community with an interest in, and key stakeholders relating to, floodplain risk management in the Wagga Wagga Local Government Area, to assist in rendering effective oversight concerning the implementation of actions contained in the Floodplain Risk Management Plan.

 

The function and role of the Committee is to provide advice to the Council on:

 

·      The development, implementation and delivery of the actions contained in the Flood Plain Risk Management Plan for the Wagga Wagga Local Government area, and

·      Where appropriate convening subcommittees to assist in rendering effective advice concerning specific issues.

Financial Implications

N/A

Policy and Legislation

Floodplain Risk Management Committee Terms of Reference.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A


 

Internal / External Consultation

N/A

 

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-6

 

RP-6               COMPLAINTS HANDLING POLICY

Author:                        Ingrid Hensley 

General Manager:    Peter Thompson

         

 

Summary:

Amendments have been made to Council’s Complaint Handling Policy (POL 103) requiring the endorsement of Council.

 

 

Recommendation

That Council:

a       note that there were no public submissions received during the exhibition period of the draft Complaint Handling Policy (POL 103)

b       adopt the Complaint Handling Policy (POL 103)

Report

Council at its meeting of 28 October 2019 resolved to:

 

That Council:

a       endorse the draft Complaint Handling Policy (POL 103), that is to be placed on public exhibition for a period of 28 days from 29 October 2019 to 27 November 2019 and invite public submissions until the 10 December 2019 on the draft Policy

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

i      addressing any submissions made in respect of the proposed POL 103 Complaint Handling Policy

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

 

The draft Complaint Handling Policy (POL 103) was placed on public exhibition for 28 days with a 42-day submission period which closed on 10 December 2019. During the submission period, no submissions were received.

 

It is recommended that Council adopt the Policy as exhibited.

Financial Implications

N/A

Policy and Legislation

Complaint Handling Policy (POL 103)

Local Government Act 1993 (NSW)


 

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We are accountable and transparent

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.

Internal / External Consultation

The Draft Policy was placed on public exhibition for 28 days from 29 October to 27 November 2019 with public submissions received until 10 December 2019.

 

Advertising and engagement was conducted through Council’s website, Council News and Social Media posts. Although no submissions were received, engagement through Council’s Social media platform provided the feedback:

 

People Reached

2,980

Engagements

308

Post Clicks

290

Reactions, Comments, Shares

18

Comments received were regarding the process of providing feedback, actual service request enquiries and a compliment on Council’s responsiveness to contact made with Council.

 

 

Mail

Media

Community Engagement

Digital

Rates notices insert

Direct mail

Letterbox drop

Council news story

Council News advert

Media releases

TV/radio advertising

One-on-one meetings

Your Say website

Community meetings

Stakeholder workshops

Drop-in sessions

Surveys and feedback forms

Social media

Email newsletters

Website

Digital advertising

TIER

Consult

 

 

 

x

 

 

 

 

 

 

 

x

x

 

Involve

 

 

 

 

 

 

 

 

Collaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments

 

1.

Draft Complaint Handling Policy (POL 103)

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-6

 















Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-7

 

RP-7               86 Harris Road Gobbagombalin (DA18/0302) Proposal to Defer Developer Contributions

Author:         Belinda Maclure 

Director:       Michael Keys

         

 

Summary:

A request has been received from the Combined Development Group regarding the deferral of the payment of infrastructure contributions associated with DA18/0302.02, for the subdivision of 86 Harris road into 214 lots. The development application was determined on 24 April 2019.

 

The developer contribution charges due (as at April 2019) are:

 

·      Section 7.11 of $19,526.06 per lot for 210 lots, a total of $4,100,472.60

·      Section 64 Stormwater of $2,218.31 per lot for 210 lots, a total of $465,845.10

·      Section 64 Sewer of $3,988.61 per lot for 210 lots, a total of $837,608.10

 

The infrastructure contributions due are subject to annual indexation in July.

 

The Combined Development Group proposed to lodge a bank guarantee for the total amount of the infrastructure contributions owing at the release of the subdivision certificate. They proposed the debt would then be paid when 75% of the lots of each stage are settled. The remainder of the debt of each stage is to be paid within six months of the registration of lot titles.

 

Instead of this approach it is recommended the infrastructure contributions owing for each separate stage are deferred for 12 months following the receipt of an unconditional bank guarantee for each stage.

 

 

Recommendation

That Council:

a       defer the Section 7.11 infrastructure contributions due for the subdivision of 86 Harris Road as detailed in DA18/0302.02 for 210 lots

b       defer the Section 64 Stormwater and Sewer infrastructure contributions due for the subdivision of 86 Harris Road as detailed in the DA18/0302.02 for 210 lots

c        prior to the release of a Subdivision Certificate for each stage require an unconditional bank guarantee in Councils favour from Combined Development Group Pty Ltd for the amount of the outstanding infrastructure contributions as they apply to each stage, for a maximum of 12 months

 


 

Report

A report was submitted to the Ordinary Meeting of Council on Monday 20 January 2020 regarding the request to defer the infrastructure contributions due for the development of 86 Harris road. The report was deferred at this meeting. The report has been amended to include the additional information regarding the bank guarantee and clarifies the link between the stages of the development and the requirement of the bank guarantee for the infrastructure contributions.

 

The Combined Development Group has requested to defer the infrastructure contributions due for their development at 86 Harris road, Gobbagombalin. The development is a 214 lot subdivision and was determined on 24 April 2019 as DA18/0302.

 

The development is for a 214 lot subdivision over 7 stages varying between 2 and 58 lots per stage. The following table shows the lots to be developed in each stage.

 

Stage

Lots

1

1

2

58

3

3

4

52

5

33

6

48

7

19

Total

214

 

The development application requires $19,526.06 per lot to be paid for Section 7.11 developer contribution under the City of Wagga Wagga Section 94 Contributions Plan 2006 -2019. This contribution is required for lots created in each stage (other than the one in Stage 1 and all lots created in Stage 3) prior to the issuing of the Subdivision Certificate. Therefore 210 lots are required to pay Section 7.11 infrastructure contributions, with a total amount due of $4,100,472.60. The Section 7.11 infrastructure contributions are subject to annual indexation in July.

 

As detailed in the development application the Section 64 Stormwater base figure for the one lot in stage 1 and all lots in stage 3 is $0. The Section 64 contribution required to be paid for all remaining 210 lots is $2,218.31 per lot or $465,845.10 in total.

 

The Section 64 Sewer charge for the one lot in stage 1 and all lots in stage 3 is $0, as per the development application. The remaining 210 lots are required to pay $3,988.61 per lot, a total of $837,608.10

 

Section 64 Sewer and Stormwater charges are indexed each December annually.

 

The Combined Development Group propose to provide two bank guarantees for the total amount of infrastructure contributions owing at the time the subdivision certificate is issued. They then propose to discharge 75% of the amount of the debt when 75% of the lots are settled for each stage, which they anticipate to be shortly after the registration of the lot titles. The Combined Development Group will notify Council when this milestone is achieved. During the course of the six months following the registration of lot titles, they expect to have the balance of the lots settled and would then discharge the debt owing in full at that time. The achievement of this milestone will also be advised by the developer.

 

This approach requires additional administration and leaves some uncertainty as to the receipt of the outstanding contributions. We recognise that the current financial climate poses some additional pressures on residential development and are therefore proposing an alternative solution.

 

It is recommended that council accept an unconditional bank guarantee in Council’s favour for the amount of infrastructure contributions owing for each stage at the time the subdivision certificate is issued. This bank guarantee is limited to a maximum of 12 months and Council will have the ability to call on this guarantee if required. This alternative gives some relief to developers in the critical cash flow period and also certainty to Council by defining the time period for collection.

 

The Wagga Wagga Local Infrastructure Contributions Plan 2019-2034 allows for the deferral of developer contributions. Section 3.3 of the Contributions Plan states a developer may apply to the Council under Section 4.55 of the Environmental Planning and Assessment Act 1979 to modify the condition of a development application to defer the payment of the contribution due, secured by a bank guarantee. The Plan states approval can only be made by a resolution of Council and will only be granted:

 

1.   In exceptional circumstances such as demonstrated financial hardship of the developer, and

2.   Where the deferred payment

a.    Will not prejudice the timing or manner of the provision of public amenities, and

b.    Does not otherwise create an undesirable precedent.

 

As indicated in the letter received from the Combined Development Group, the reason for the request is to assist them at a time when bank finance is unavailable for regional residential development. The Group’s projects have been fully funded internally post the global finance crisis and this puts considerable strain upon their cash flow, especially when they are operating in more than one city.

 

The letter goes on to say the contributions are considerable and any assistance afforded to the Combined Development Group greatly increases the prospect of their next stage of the development commencing without delay.

 

Given the reserve balances shown the 2020-2029 Long Term Financial Plan for the Section 7.11, Section 64 Stormwater and Sewer reserves it is unlikely the deferral of these infrastructure contributions will affect the delivery of the capital projects schedule.

 

Each request for the deferral of infrastructure contributions will be considered on a case by case basis and will consider the associated reserve predicted balance at the time. Therefore, the approval of this proposal will not create an undesirable precedent.

 

Council has also sought advice regarding the security of accepting a bank guarantee against the outstanding developer contributions. It is recommended that Council require an “unconditional” bank guarantee to ensure Council has full recall on the funds at the expiry of the agreed term in the case of any default. The unconditional guarantee would be issued to Council and supported by an Amended Development Consent. The unconditional bank guarantee would be held by Council for a period of up to 12 months. The developer would be notified of Councils intentions to call on the funds prior to expiry in the absence of payment of relevant contributions. If payment is not received Council can demand the funds from the issuing institution.

 

The security and Councils’ rights to demand payment on production of the unconditional guarantee have been checked and verified by Commonwealth Bank of Australia - Councils main trading financial institution. There is minimal risk to Council in regard to claiming these funds in case of default or other unforeseen circumstances.

Financial Implications

This proposal has financial implications for the Section 7.11, Section 64 Stormwater and Sewer reserves in the short term. The reserve balances are currently:

 

·    $23,838,000 Section 7.11 (Wagga Wagga City Council Annual Financial Statements for the year ended 30 June 2019)

·    $6,551,000 Section 64 Stormwater (Wagga Wagga City Council Annual Financial Statements for the year ended 30 June 2019)

·    $27,726,736 Sewer Reserve (Long Term Financial Plan 2020-2029)

 

The Long Term Financial Plan 2020-2029 Appendix 5 – Budgeted External Restrictions shows the predicted balances of the reserves as follows. The predicted reserve balances account for the predicted developer contribution income and scheduled project expenditure over the next ten years.

 

 

The Wagga Wagga Local Infrastructure Contributions Plan 2019-2034 includes proposed borrowings of $5,678,046 funded by infrastructure contributions as projects B1 and B2 of the Plan. This proposed borrowing will finance the early delivery of a number of projects across Wagga Wagga that should in turn support the acceleration of the development anticipated across the city under the Plan, therefore the reserve balance is predicted to remain positive.

 

 

 

Policy and Legislation

The Wagga Wagga Local Infrastructure Contributions Plan 2019 -2034 allows for the deferral of Section 7.11 contributions due under clause 3.3 of the Plan, where the deferral is approved by a Council resolution.

 

This direction forms the basis of the resolution for the Section 64 sewer and stormwater contributions also.

Link to Strategic Plan

The Environment

Objective: We plan for the growth of the city

Outcome: We have sustainable urban development

Risk Management Issues for Council

The most significant risk for Council is precedent this may set for other developments across the city.

 

Given the current balances of the reserves the risk of not providing the infrastructure is considered unlikely.

 

There is also a risk that the developer will not advise Council when the lots are settled and therefore when the infrastructure contributions are due. This risk is mitigated by the bank guarantee and the 12 month time limit.

Internal / External Consultation

There has been consultation with the Finance section internally.

 

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-8

 

RP-8               RFT2020-14 RELOCATION OF RISING MAIN SPS15 TO KOORINGAL SEWAGE WORKS

Author:         Rupesh Shah 

Director:       Caroline Angel

        

 

Summary:

This report advises a typographical error contained in the Council Report for the relocation of Rising Main SPS15 to Kooringal Sewage Works.

 

 

Recommendation

That Council note the typographical error contained in the Council Report for the relocation of Rising Main SPS15 to Kooringal Sewage Works and note the correct ABN for FB Contracting Pty Ltd is 19 154 665 317.

 

Report

Project Background

A Council Report for the award of contract for the relocation of Rising Main SPS15 to Kooringal Sewage Works was submitted to the 16 December 2019 Council Meeting.

 

This Report incorrectly listed the ABN for the successful Contractor FB Contracting Pty Ltd as 19 154 685 317, whereas the correct ABN for them is 19 154 665 317.

Financial Implications

N/A

Policy and Legislation

Council’s POL 110 Procurement and Disposal Policy is relevant and has been applied, along with section 55 of the Local Government Act 1993.

Link to Strategic Plan

The Environment

Objective: We create a sustainable environment for future generations

Outcome: We are proactive with our waste management

Risk Management Issues for Council

To address the risk management issues related to compliance and probity, the request for tender and evaluation processes for this supply was performed in accordance with Council policies and procedures and legislative requirements.

Internal / External Consultation

Internal consultation has taken place with officers from the Corporate Services and Commercial Divisions.

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

RP-9

 

RP-9               RFT2020-22 Farrer Road widening - changes to scope

Author:         Silas Darby 

Director:       Caroline Angel

        

 

Summary:

Numerous issues have arisen on the Farrer Road project requiring alterations to the design scope and the exhaustion of the contingency sum.

 

 

Recommendation

That Council:

a       note the issues experienced on the Farrer Road project requiring alterations to the design scope

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

 

Report

During the initial construction of the project a number of issues have arisen that have required varying degrees of alteration to the design of the road. These are as follows:

 

1.      1 in 100 Culvert across Farrer Road:

The initial design incorporated the use of the existing culvert under Farrer Road being a 1 in 50-year configuration. Closer examination of the structure of the culvert indicated that it had deteriorated to such an extent that:

a)      the structure was in poor repair; and

b)      the levels of the culvert would in fact only support an overland flow of a 1:20 year event.

Due to the above it was decided to redesign a new culvert crossing to meet a 1 in 100-year overland flow and prevent inundation of the road surface and deterioration of the base courses.

 

The cost of this additional work is estimated to be $185,000.00.

 

2.      Unidentified Asbestos cement water supply:

Initial “Dial before you Dig” (DBYD) reports indicated a decommissioned asbestos cement water line running under the proposed footpath, on the southern side of the road. This was incorporated into the design and precautions were taken to miss the pipe. There were, in fact, two such pipes, the second of which has impacted the roadworks themselves and have had to be removed by specialist contractors and disposed of. This has currently only affected phase 1, but further exploration indicates that this will continue into phase 2 and 3.

 

The current cost of excavation, specialist removal and disposal amount to the sum of $69,617.71.

 

3.      Messenger Avenue connection:

The subdivision at the corner of Farrer Road and Boorooma Street had only one access and egress via Lindrum Way. While it was no doubt intended that the two parts of Messenger Avenue be joined, this was never done. With the required closure of Lindrum Way, a new egress needed to be established for the 98 property owners in the subdivision. It was agreed that the completion of Messenger Avenue was the most logical solution, and this was done, requiring temporary access from the owner, completion of roadworks and fencing.

 

The cost of these works amounts to $67,500.00.

 

4.      TAFE sewer connection:

The TAFE facilities on the eastern end of Farrer Road function on a septic tank system as, prior to the subdivisions on the southern side of the road there was no access to a sewer outfall. With the construction of the road Council will encroach upon the soaker pit for the TAFE (not indicated on any drawings or DBYD). The logical decision would be to take a sewer line across Farrer Road and connect to the sewer system.

 

The cost of these works would be $42,000.00 including rock excavation in the roadway.

 

5.      Cycle pathway:

It was intended to re-use the cycle path to the north of TRAC. The bus companies requested bus parking areas (spoon drain kerbs) in this location which interfered with the existing pathway. This pathway has been reconfigured and re-laid in asphalt as per the specification of the cycle path network.

 

The cost of this work was $25,375.00

 

6.      Bus parking bays:

Subsequent to the initial design and Tender, the bus companies met with Council to better understand the implications of the works and requested that we include bus parking facilities along the southern side of the road. Two bays with roll over (spoon drain) kerbs have been incorporated.

 

The cost of this work was $10,282.00

 

7.      Bridge over 450 diameter water main:

At the outset of the project it was intended, as notified by Riverina Water (RW), that the 450 diameter water main crossing Farrer Road would be moved to an alternative position outside of Council’s site at the roundabout. Subsequent to the Tender and award the decision was made by RW that they did not require the main to be moved and, instead Council was required to ensure that it was protected. To this end a concrete “bridge” over the pipe has been constructed to ensure that it remains intact both during and after construction.

 

The cost of this work was $36,537.00


 

Financial Implications

Summary of Scope changes and Variations:

 

 

Scope changes

 

 

1

1 in 100 Culvert crossing

 $  185,000.00

 

2

Asbestos excavation and removal

 $    69,617.71

 

3

Messenger avenue connection

 $    67,500.00

 

4

TAFE sewer

 $    42,000.00

 

5

Cycle pathway

 $    25,375.00

 

6

Bus parking bays

 $    10,282.00

 

7

Bridge over water main

 $    36,537.00

 $  436,311.71

 

 

 

 

 

Variations

 

 

1

Rock excavation estimated

 $    85,000.00

 

2

Cart off material exceeding 2kms

 $    37,500.00

 

3

Replacement of existing kerb (damaged)

 $    14,000.00

 $  136,500.00

 

 

 

 

 

Total

 

 $  572,811.71

 

Budget summary

 

The Farrer Road Widening and Reconstruction project has a total budget of $6,263,535. The project budget summary is shown below indicating the $319,069 that the project is currently estimated to be over budget.

 

Total project budget

$6,263,535

 

 

Expended as at 31 January 2020

($2,336,593)

Commitments as at 31 January 2020

($4,001,309)

Add back: APA gas purchase order approximate adjustment (included in above commitments)*

*$448,110

Total Adjusted expended and committed to date

($5,889,791)

 

 

Current project budget remaining prior to additional expenditure and remaining project management

$373,743

 

 

Additional expenditure as noted in this report

($572,812)

Estimate for project management for the remainder of project

($120,000)

Total Additional expenditure and remaining project management costs

($692,812)

 

 

Additional funds required (does not include any allowance for further contingency if required)

$319,069

 

*There is a sum of $548,110.66 committed in the purchase order for APA gas, which is unlikely requiring any more than approximately $100,000.00.

 

It is proposed to source the additional funds required of $319,069 from loan borrowings, with repayments to commence from the 2020/21 financial year and will be factored into the 2021/30 long term financial plan.  The annual estimated debt servicing costs on the $319,069 assuming a 2.75% interest rate over a 10-year period is $36,929 per year.

 

Job consolidation number: 15084

Policy and Legislation

Council’s POL 110 Procurement and Disposal Policy is relevant and has been applied, along with section 55 of the Local Government Act 1993.

Link to Strategic Plan

Growing Economy

Objective: We are a Regional Capital

Outcome: We have complete and accessible transport networks, building infrastructure, improving road travel reliability, ensure on-time running for public transport

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

 

 

    


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

M-1

 

Committee Minutes

M-1                 AIRPORT ADVISORY COMMITTEE - MINUTES - NOVEMBER AND DECEMBER 2019

Author:         Darryl Woods 

Director:       Caroline Angel

         

 

Summary:

The Airport Advisory Committee met on 6 November 2019 and 10 December 2019 (Special Meeting). The minutes of these meetings are attached for the information of Councillors.

 

 

Recommendation

That Council receive the minutes of the Airport Advisory Community Committee Meetings held on 6 November and 10 December 2019.

 

Report

The Airport Advisory Committee meet on 6 November and 10 December 2019. The minutes of these meetings are attached for the information of Councillors.

Financial Implications

N/A

Policy and Legislation

Airport Advisory Committee Terms of Reference

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We are informed and involved in decision making

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

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

 

Attachments

 

1.

Airport Advisory Committee Minutes - 6 November 2019

 

2.

Airport Advisory Committee Minutes - 10 December 2019

 

  


Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

M-1

 







Report submitted to the Ordinary Meeting of Council on Monday 10 February 2020

M-1

 



  

 


Reports submitted to the Ordinary Meeting of Council to be held on Monday 10 February 2020.

 

QUESTIONS/BUSINESS WITH NOTICE


Report submitted to the Confidential Meeting of Council on Monday 10 February 2020

CONF-1

 

Confidential Reports

CONF-1         PROPOSED EASEMENT FOR RIGHT OF CARRIAGEWAY WITH LOTS A & C DP 311306 AT TARCUTTA STREET, WAGGA

Author:         Dianne Wright 

Director:       Michael Keys

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.        

 

 


Report submitted to the Confidential Meeting of Council on Monday 10 February 2020

CONF-2

 

CONF-2         PROPOSED ACQUISTION OF LAND AND EASEMENTS FOR STORMWATER AND SEWER MANAGEMENT WITHIN LOT 2 DP 719938 AT HARRIS ROAD, GOBBAGOMBALIN

Author:         Dianne Wright 

Director:       Michael Keys

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.        

 

 


Report submitted to the Confidential Meeting of Council on Monday 10 February 2020

CONF-3

 

CONF-3         PROPOSED ACQUISITION OF LAND FOR GREGADOO ROAD WIDENING

Author:         Dianne Wright 

Director:       Michael Keys

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (ii)    commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.        

 

 


Report submitted to the Confidential Meeting of Council on Monday 10 February 2020

CONF-4

 

CONF-4         RFT2020-06 MUSEUM REDEVELOPMENT DESIGN & CONSTRUCTION

Author:         Thomas Lemerle 

Director:       Caroline Angel

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (i)     commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.        

 

 


Report submitted to the Confidential Meeting of Council on Monday 10 February 2020.                                          CONF-5

 

CONF-5         RFQ2020-534 Supply of Four 4x2 Crew Cab Tipper Trucks

Author:          David Butterfield 

Director:       Natalie Te Pohe

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (i)     commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.        

 

   

 


Reports submitted to the Ordinary Meeting of Council to be held on Monday 10 February 2020.