agenda of ordinary meeting of council - 27 september 2017€¦ · agenda for the ordinary meeting...

Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] ABN 49 546 344 354

File No: 100/2017

22 September 2017

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 27 September 2017 commencing at 3.30 pm.

Yours faithfully

Ann Prendergast General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 27 September 2017 at 3.30 pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded and the Council Chamber now has 24 Hour Video Surveillance.

Acknowledgement of Country - Clr L A C Whipper

3.32pm Opening Prayer – Pastor Donna Jensen, Connect Church, Moss Vale

3.35pm Apologies (if any)

Adoption of Previous Minutes – Wednesday, 13 September 2017

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute (if any)

Public Forum (if any)

Motion to move into Committee of the Whole – Clr L A C Whipper

Visitor Item –

Item 10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 27 September 2017

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 13 September 2017

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral ........................................................................... 2

11. EN BLOC MOTION

12. OPERATIONS FINANCE AND RISK

12.1 Investment Report - August 2017 ........................................................ 22

12.2 Proposed Road Closure - Part Wilson Drive Colo Vale ........................ 29

13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Council Nominations for the Southern Joint Regional Planning Panel .. 33

13.2 Request to Create a Restrictive Covenant on Council's Carpark at Kirkham Road Moss Vale .................................................................... 39

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Support Request for a Refund of Development Fees by Challenge Southern Highlands Inc ........................................................................ 45

14.2 Delegations of Authority - General Manager ........................................ 48



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14.3 Legal Report ........................................................................................ 56

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 60

18.2 Minutes of the Demographic and Housing Advisory Committee Meeting held on Wednesday, 6 September 2017 ................................. 62

18.3 Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017 ............................... 72

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Motion 28/2017 - Water Allowance for Home Owners Undergoing Home Haemodialysis ........................................................ 83

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ...........................................................................85

22.1 Legal Report - Closed Council This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary and Extraordinary Meetings of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary and Extraordinary Meetings of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

The Council Chamber now has 24 Hour Video Surveillance.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Halstead

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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ACKNOWLEDGEMENT OF COUNTRY

I would like to acknowledge the Traditional Custodians of this land and pay my respect to Elders both past and present. I would also like to extend that respect to all Aboriginal and Torres Strait Islanders present here today.

DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY AND DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY AND DEVELOPMENT SERVICES

10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral

Reference: 17/0888 Report Author: Senior Town Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Lee Environmental Planning Owner: Berrima Co-op Rural Society Ltd Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and

villages to retain a sense of place

PURPOSE The purpose of this report is to consider DA17/0888 which seeks consent to establish and operate a neighbourhood shop with the inclusion of the sale of liquor from Bowral Co-op, being 85 Kirkham Road, Bowral. The application is presented to Council for Determination as a public interest matter. The report recommends REFUSAL subject to conditions/reasons nominated in Attachment 1.

VOTING ON THE MOTION Councillors are required to record their votes on this matter.

RECOMMENDATION THAT development application DA17/0888 for a neighbourhood shop (including sale of local liquor) at Lot 32 DP527840, 85 Kirkham Road, Bowral be REFUSED for the reasons as described in Attachment 1 to the report.

REPORT

Subject Site and Locality The site is known as 85 Kirkham Road, Bowral being Lot 32 DP527840, and is currently occupied by the Bowral Co-op. The site is 4582m2 and is generally rectangular in shape. The site fronts Kirkham Road to the south east with the north east boundary of the site abutting the Mittagong Rivulet. Surrounding land uses are light industrial in nature.




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Figure 1: Locality Plan (Replicated at Attachment 2)




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Figure 2: Aerial Image (Replicated at Attachment 2)




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Proposed Development On 5 July 2017, DA17/0888 was lodged with Council seeking consent to sell locally produced beer, wine and cider as a component of the neighbourhood shop (approved as part of DA16/0198) at Bowral Co-op, 85 Kirkham Road, Bowral. The following description of the development was provided within the Statement of Environmental Effects:

The Bowral Co-op wish to increase the opportunity for local beer, wine and cider producers to showcase their products by providing a local display opportunity and a point of sale. One of the reasons the Co-op exists is to provide such support for local producers across the broad range of agricultural products being produced/grown in the Shire. This includes beer, wine and cider. It is also important to note that this Development Application is relevant only to the alcohol products to be sold as Council has already approved the neighbourhood shop and the sale of fruit and vegetables. The Co-op store is a well known and respected source of goods and services for the local community. This application will simply allow the range of goods to be increased to the benefit of local producers. Under Development Application 16/0198, Council approved a small area of the existing Co-op store as a neighbourhood shop, but did not approve the sale of liquor from that shop. This Development Application seeks approval for the sale of liquor as a legitimate product within a neighbourhood shop. The Development Application does not involve any works or physical change to the existing Co-op buildings or to the site itself. Over the past 18 months, internal reorganisation of the main store has occurred resulting in the creation of a suitable space within this building to accommodate the necessary shelving that will showcase the local alcohol products. The total area involved for alcohol sales will be approximately 10 -20 square metres situated near to the front entrance and sales counter. The identified area, in conjunction with the area already approved sale of some fresh fruit and vegetables, represents an insignificant proportion of the existing store floor area that is approaching 500sqm. In terms of annual dollar turnover, it is estimated that the introduction of these local products will generate less than 1%. It is recommended that should Council wish to approve this application, a condition of consent be imposed that would restrict the sale of alcoholic products to a maximum floor area within the Co-op store rather than identify a more specific area on a plan than has already been identified under DA16/0198. It is important to maintain some flexibility in store layout and product placement may vary from time to time, but generally the sales display will be at the front of the existing store as per the approved plan under DA 16/0198.

The neighbourhood shop approved under DA16/0198 approved a 30m2 area at the entrance to the store (see Attachment 3 for floor layout). The liquor component of that floor area




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proposes to be 10-20m2 i.e. anywhere between 33-66% of the total neighbourhood shop use. If the application were to be approved, the applicant suggests inclusion of a condition to provide flexibility regarding the location of liquor within the store. As the proposed development seeks to utilise the existing neighbourhood shop approval as a basis for permitting liquor sales, the floor plan approved as part of 16/0198 should remain, and sale of liquor to occur within the approved area. As such, any approval would include a condition as suggested by the applicant.

Background Development Application for Neighbourhood Shop DA 16/0198 sought consent for a neighborhood shop consent to use an existing area within the rural supplies business (Bowral Co-op) as a neighbourhood shop for the sale of local produce being food (fruit and vegetables, preserves, cheeses, olive oils etc) and locally produced liquor. The neighbourhood shop sought to utilise an area of approximately 30sqm and would have the same operating hours as the existing rural supplies business. In preliminary lodgment discussions with the planning consultant acting on behalf of the applicant for DA16/0198, advice was given to the effect that the selling of local produce (food and liquor) would not be ancillary to ‘rural supplies’ (what the current use is approved for) and therefore would not be consistent with the definition of a rural supplies business under the Wingecarribee Local Environmental Plan 2010.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

The consultant then put forward the idea that the use could be a ‘neighbourhood shop’, which is defined as follows:

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

Council responded as follows, “Whilst foodstuffs that are currently sold from the premises would be considered within this definition (and would require the lodgement of a DA), the provision of retail alcohol in an industrial area is not considered to be a day-to-day need. Provision of retail liquor in an industrial area raises concerns regarding social impacts and sets an unwanted precedent. For these reasons Council would not support an application for the sale of retail liquor at the premises, the use being defined as a shop (retail premises) which are prohibited in the IN1 General Industrial zone.” Notwithstanding the above advice, the application was lodged with Council for assessment. During the assessment of the application, due consideration of the use as a neighbourhood shop was given. In addition to the issues raised prior to lodgment, the following issues were raised during the assessment of DA16/0198:




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Non-compliance with the definition of a neighbourhood shop,

Concerns regarding social impacts subsequently setting an unwanted precedent;

Potential impact on the viability of nearby retail/commercial areas; and

Potential adverse impact on neighbourhood amenity. It was also discussed that other definitions such as a ‘restaurant or café’, ‘pub´, ‘small bar’ and ‘shop’ are prohibited in the IN1 zone. As these uses can all have aspects of liquor sales and/or consumption, it is not in the interest of the zone to have opportunities for liquor sales and/or consumption to evolve. Permitting the retail sale of liquor from a neighbourhood shop would set a permissibility precedent and opportunity for further liquor arguments to arise. In a commercial zone, such a problem would not arise, as the use would best fit the definition of a shop. Consequently, with the inclusion of retail liquor sales, it was concluded that the use fits appropriately into the definition of a ‘shop’ and is prohibited in the IN1 General Industrial zone. Whilst it could be argued the development contributes to a variety of uses and encourages employment, the assessment of DA16/0198 found that the inclusion of liquor in the use would have the potential to adversely impact on neighbourhood amenity and character. Similarly, retail sales of liquor outside of a commercial business centre would have the potential to impact on the viability of nearby retail/commercial areas. Notwithstanding concerns regarding the liquor component of the application, in the interest of economic growth, Council issued a partial approval under s.80(4)(b) of the Environmental Planning and Assessment Act 1979 on 20 July 2016. The partial approval granted consent to the neighbourhood shop, but excluded the retail sale of liquor from the premises as part of the neighbourhood shop. Review of Determination On 30 August 2016, a request to review the determination of DA16/0198 pursuant to section 82A of the Environmental Planning and Assessment Act 1979 was submitted to Council. This review upheld the findings of the original assessment, adding the following to the argument in support of excluding the sale of liquor from the neighbourhood shop:

“The issue of contention is the inclusion of retail liquor sales as a component of the neighbourhood shop. The Applicant contends that the proposal is aimed at locally produced wines and niche beer and cider products fitting it into the co-op store usage and differing from other licensed and liquor retail outlets. The problem with this scenario is that there is no way to restrict or regulate the type of product stocked and sold. Sale of liquor product would also appear more closely defined as an activity undertaken in cellar door premises, food and drink premises, kiosks or shops all of which are defined in the dictionary to the LEP as ‘retail premises’ which are prohibited in the subject zone. ‘Neighbourhood shop’ means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day to day needs of people who live or work in the local area…’ The applicant contends that “the inclusion of a small offering of local wines and beers is considered to be within the ambit of a neighbourhood shop. Alcohol can be considered to be a day to day item in the sense that on any given day, it is being




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purchased by someone for consumption.” He further contends that ‘foodstuffs’ should not be read as excluding drinks alcoholic or otherwise. The Macquarie Dictionary regularly referred to for authoritative definitions by the Land and Environment Court, provide the definition of foodstuff as: a substance or material suitable for food. The definition of food is provided as: more or less solid nourishment (opposed to drink). The proponent’s argument that alcohol falls within selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day to day needs of people who live or work in the local area… is therefore not given credence. The original assessment and determination providing for the exclusion of the retail sale of liquor from the neighbourhood shop should be upheld, as to include it would:

o be inconsistent with the intent of the definitions provided within the

Wingecarribee Local Environmental Plan 2010 relating Neighbourhood Shop,

o be inconsistent with the objective of the zone;

o is not in the public interest; and

o would create an inappropriate precedent for Council.

The review upheld the original decision, reaffirming the decision as appropriate in the circumstance given:

1. The inclusion of retail liquor sales in the definition of ‘Neighbourhood Shop’ as merchandise such as foodstuffs for day-to-day needs as contended by the applicant is inappropriate and has the potential to create an inappropriate and undesirable precedent for the Industrial zone.

2. The inclusion of retail sale of liquor in the establishment of a neighbourhood shop in

the IN1 General Industrial zone is not considered to be within the intent of the definitions provided within the Wingecarribee Local Environmental Plan 2010 relating thereto.

Section 79C (1)(a)(i) Environmental Planning and Assessment Act 1979.

3. The application is inconsistent with the objectives of the IN1 General Industrial

zone.

Section 79C(1)(a)(i) Environmental Planning and Assessment Act 1979.

4. The inclusion of retail sales of liquor in the development is not in the public interest.

Section 79C(1)(e) Environmental Planning and Assessment Act 1979. Pre DA meeting for 17/0888 On 2 May 2017, Council’s Deputy General Manager Corporate, Strategy and Development Services, Group Manager Planning, Development and Regulatory Services and Acting Team Leader Town Planners met with the operator of Bowral Co-op and their planning consultant to discuss the option of lodging a new development application to include the retail sale of local liquor. At this meeting, it was advised to the applicant that whilst legal advice was conclusive with regard to Council’s position on the matter, a new application




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could be lodged for the sale of alcohol as a component of a neighbourhood shop given the compelling arguments put forward with respect to the Co-op and the intent of the sale of local produce only. It was advised that the application would likely be reported to Council for determination.

STATUTORY PROVISIONS

State Environmental Planning Policies

State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. A search of Council’s Property and Rating system indicates no prior uses or contamination risks of concern. Consequently, Council is satisfied that the land is not a site of possible contamination and the site is suitable for the intended land use.

State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

The site is located within the Wingecarribee River Sub-catchment. Compliance with the provisions of the SEPP and associated guidelines is therefore required to consider water quality. The development is a Module 1 and the NorBE Tool was used to determine that the development would achieve a neutral or beneficial effect on water quality.

Local Environmental Plans

Wingecarribee Local Environmental Plan 2010

The relevant provisions of the LEP are discussed as follows.

Clause 2.3 Zone objectives and land use table

The site is zoned IN1 General Industrial and in this zone, a neighbourhood shop is permissible with development consent. However, the application is seeking approval for the sale of alcohol to be considered as part of an already approved neighbourhood shop. As such, consideration of the neighbourhood shop definition is addressed below.

Consistent with DA16/0198 and the review of that determination, concerns with the sale of liquor (local or otherwise) fitting within the definition of a neighbourhood shop are still relevant. The neighbourhood shop definition reads:

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

The sale of liquor is not considered to be a day to day need of people living/working in the area. Further, the sale of liquor is not considered to be a ‘general merchandise’ item. As such, the sale of liquor as part of a neighbourhood shop is not consistent with the definition in the LEP. Notwithstanding, consideration of the objectives follows.

The objectives of the IN1 are:

To provide a wide range of industrial and warehouse land uses.

To encourage employment opportunities.

To minimise any adverse effect of industry on other land uses.

To support and protect industrial land for industrial uses.




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To allow a range of non-industrial land uses, including selected commercial activities, that provide direct services to the industrial activities and their workforce or that, due to their type, nature or scale, are appropriately located in the zone without impacting on the viability of business and commercial centres in Wingecarribee.

To ensure that new development and land uses incorporate measures that take account of their spatial context and mitigate any potential impacts on neighbourhood amenity and character, or the efficient operation of the local or regional road system.

Whilst it could be argued the development contributes to a variety of uses and encourages employment in the IN1 zone, the inclusion of liquor in the established neighbourhood shop would have the potential to adversely impact on neighbourhood amenity and character. Similarly, retail sales of liquor outside of a commercial business centre has the potential to impact on the viability of nearby retail/commercial areas; the use of a bottle shop defined as a ‘shop’ and being permissible in the B2 local centre zone to the east of the site.

As such, the sale of liquor as a component of a neighbourhood shop:

is inconsistent with the intent of the definitions provided within the Wingecarribee Local Environmental Plan 2010 relating to neighbourhood shop,

is inconsistent with the objectives of the zone;

has the potential to impact on the viability of nearby retail/commercial areas;

has the potential to adversely impact on neighbourhood amenity;

is therefore not in the public interest; and

would create an inappropriate precedent for Council. Consequently, this report recommends refusal.

Clause 7.9 Flood planning

Whilst the site is identified as having medium to high flood risk, no alterations to the building are proposed that would affect water flow flood behaviour. Similarly, the use would not result in a higher risk to persons or property.

Development Control Plans

Industrial Lands Development Control Plan

The applicable sections of the Industrial Lands DCP are addressed below:

DCP Control Assessment

Part A – Provisions Applicable to All Industrial Land

Section 2 - General Objectives

The use of the site as a neighbourhood shop (excluding the retail sale of liquor) is generally in accordance with the objectives of the DCP.

Section 3 – Construction Standards and Procedures

No construction works are proposed as part of the application.




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DCP Control Assessment

Section 4 – Signage No signage is proposed as part of the application.

Section 5 – Outdoor Lighting

No outdoor lighting is proposed as part of this development application.

Section 6 – Development near rail corridors and busy roads

Whilst the development is adjacent to the Main Southern Railway, no construction/excavation works are proposed so no impact on the stability of the rail corridor would occur. No new vehicular accesses are proposed.

Section 7 – Tele and radio communications

Not applicable to this application.

Part B – Industrial Development Controls

B.1 Subdivision No controls applicable to this application.

B.2 Building Site Coverage

No additions to the building floor area are proposed.

B.3 Building Setbacks

No changes to the building setbacks are proposed.

B.4 Building Design The design of the building would not alter as a consequence of the application.

B.5 Access and Parking

Existing parking and access arrangements are satisfactory.

B.6 Open Areas and Landscaping

No landscaping proposed or considered necessary due to the building being existing and no external additions/changes.

B.7 Utilities The proposed neighbourhood shop would not result in unmanageable demands on water or electricity supply. No alterations to stormwater proposed or to be imposed on the development.

B.8 Environmental Management

No construction works proposed therefore no sediment and erosion control necessary. The occupation and use of the building as a neighbourhood shop with liquor sales would not give rise to sediment and erosion impacts. No noise impacts envisaged. Hours of operation to be consistent with that of the rural supplies hours. Waste would be boxing and perishable waste not sold. Existing waste arrangements are satisfactory for perishable waste.

B.9 Development Contributions

The proposed development does not trigger the requirement for development contributions to be paid.

Section 79C Evaluation (1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:




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(a) the provisions of:

(i) any environmental planning instrument, and

As discussed earlier in this report, the use of the neighbourhood shop to include the sale of liquor (local or otherwise) is not consistent with the definition of a neighbourhood shop and for the reasons discussed previously in this report, refusal of this application is therefore recommended.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Not applicable.

(iii) any development control plan, and

It has been demonstrated the development satisfactorily complies with the relevant controls.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Not applicable.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Not applicable.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

Not applicable.

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

Social Impacts

The application was referred to NSW Police Force for social impact consideration and their comments follow:

“Police would request that prior to approving the application, that council note there are already twenty-four packaged liquor licenses within the Wingecarribe Council Area, and due to its proximity to other packaged liquor premises within the Bowral CBD, further such premise are unnecessary. Furthermore the premise are located adjacent to the Salvation Army Shop. The Salvation Army Shop is regularly frequented by children and families, and as such Police do not believe the application to be suitable for the area.

Police would respectfully request that if the change of use is approved the following conditions are imposed:

The Venue is to install CCTV covering all areas that the general public have access to, outside all entrances and exits prior to any sale or supply




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of liquor. The CCTV will be of a digital format and stored for a minimum of 30 days. The CCTV is to be produced to police or any other authorized officer on demand in either DVD, thumb drive.

Live bands and amplified music on the licensed premises is prohibited.

The maximum number of patrons allowed on the premises at any one time is 20.

NSW Police have concerns regarding site suitability in response to surrounding existing uses (Salvation Army Store) and the necessity for another packaged liquor license when 24 are already established within the Shire. Should Council grant consent to the use, the refusal of a liquor license by the NSW Police Force would be tough to contest.

(c) the suitability of the site for the development,

There are no constraints posed by adjacent developments that would prohibit this proposal. There are adequate utilities and services available to the proposed development where necessary. The air quality and microclimate are appropriate for the development, there are no hazardous land uses or activities nearby, and ambient noise levels are suitable for the development.

The site is not subject to natural hazards including slip, mass movement or bushfires and flooding impacts would not be exacerbated as a consequence of the use. The soil characteristics are appropriate for the development, and there are no critical habitats, or threatened species, populations, ecological communities or habitats on the site. The development would not prejudice future agricultural production and there are no known mineral or extractive resources on the site.

(d) any submissions made in accordance with this Act or the regulations,

Refer to the Consultation section of this report.

(e) the public interest.

As the inclusion of liquor would not be consistent with the definition of a neighbourhood shop under the LEP, approval of the application would be inconsistent with the LEP and therefore not in the public interest.

CONSULTATION

Pre-lodgement Meeting On 2 May 2017, Council’s Deputy General Manager Corporate, Strategy and Development Services, Group Manager Planning, Development and Regulatory Services and Acting Team Leader Town Planners met with the operator of Bowral Co-op and their planning consultant to discuss the option of lodging a new development application to include the retail sale of local liquor. At this meeting, it was advised to the applicant that whilst legal advice was conclusive with regard to Council’s position on the matter, a new application could be lodged for the sale of alcohol as a component of a neighbourhood shop given the compelling arguments put forward with respect to the Co-op and the intent of the sale of local produce only. It was advised that the application would likely be reported to Council for determination.




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Legal Advice Prior to meeting with the operator of Bowral Co-op and their planning consultant on 2 May 2017, Council sought its own legal advice to ascertain whether whether the sale of liquor as part of such a shop in an industrial zone is inconsistent with the intent of the definition. The advice found arguments for and against Council’s interpretation, noting that whilst the position held by Council is not free from doubt, the preferred legal opinion was that the sale of liquor falls outside of the neighbourhood shop definition. It was advised the sale of liquor does not fall within the examples of ‘general merchandise’ (Altz Pty Limited v Shellharbour City Council [2014] NSWLEC 1228) and could be considered a specialty product, thus not falling within the definition of a neighbourhood shop. It was also advised that it would be well arguable that liquor would not be a day to day need for people living or working in an industrial area. However, this argument requires the definition of neighbourhood shop to vary according to the local area. On the other hand, there is previous case law which indicates that the sale of liquor is not a use which affects the planning purpose of a ‘general store’ or small scale supermarket (Bottero v Pittwater Council [1995] NSWLEC 207 and Rankine v Lane Cove Municipal Council [1969] 18 LGRA 40); and a similar approach is not unimaginable in this context. Further, it was advised that the precedents about neighbourhood shops and the sale of liquor provide some obstacles to Council’s stance. External Referrals

Referrals Advice/Response/Conditions

NSW Police Force As discussed previously, NSW Police have concerns regarding site suitability in response to surrounding existing uses (Salvation Army Store) and the necessity for another packaged liquor license when 24 are already established within the Shire. Should Council grant consent to the use, the refusal of a liquor license by the NSW Police Force would be tough to contest.

Neighbour Notification (or Advertising)/Public Participation

The development application was Neighbour Notified between 17 July 2017 and 2 August 2017 and during this time no submissions from the community were received.

SUSTAINABILITY ASSESSMENT

Environment

There are no environmental impacts in relation to this report.

Social

There are no social issues in relation to this report, aside from those raised by NSW Police Force.




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Broader Economic Implications

Whilst the proposal has the potential to benefit local liquor producers as a shop front for sales, the proposal has the potential to draw customers away from existing permissible uses within the Bowral CBD that also sell local liquor.

Culture

There are no cultural issues in relation to this report.

Governance

The development application has been considered in accordance with the Wingecarribee Local Environmental Plan 2010, section 79C of the Environmental Planning and Assessment Act 1979 and any other matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2015 – 2016: OP:117 Provide development, building assessment and certifications services.

COUNCIL BUDGET IMPLICATIONS The financial implications of Council’s decision in this matter are directly related to the legal implications. The possibilities are detailed as follows:

Should the applicant choose to appeal a refusal, or pursue a deemed refusal, by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal;

Should the applicant choose to appeal a refusal, or pursue a deemed refusal, by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time;

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time;

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.

RELATED COUNCIL POLICY An assessment of the proposal has been made against the Wingecarribee Local Environmental Plan 2010, SEPP 55, Drinking Water SEPP and the Industrial Lands Development Control Plan.




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OPTIONS

The options available to Council are:

Option 1

Approve the application in which case Council would need to delegate to the General Manager to issue a Notice of Determination for Approval, subject to conditions.

Option 2

Refuse the application as per the reasons for refusal nominated in Attachment 1.

Option 2 is the recommended option to this report.

CONCLUSION DA17/0888 seeks consent to sell locally produced beer, wine and cider as a component of the neighbourhood shop (approved as part of DA16/0198) at Bowral Co-op, 85 Kirkham Road, Bowral. The use has been found to be inconsistent with the intent of the definitions provided within the Wingecarribee Local Environmental Plan 2010 relating to neighbourhood shop, because liquor (local or otherwise) is not considered to be a ‘general merchandise’ nor a ‘day-to-day need’. The intent of the zone can also be found in that other liquor related uses (cellar door premises, food and drink premises, kiosks, restaurant, café, shops) are not permissible within the IN1 General Industrial zone. The use has been found to be inconsistent with the objectives of the zone in that it would have the potential to adversely impact on neighbourhood amenity and character and potentially impact on the viability of nearby retail/commercial areas. Permitting the retail sale of liquor from a neighbourhood shop would set a permissibility precedent and opportunity for further liquor arguments within industrial uses and zones to arise. In a commercial zone, such a problem would not arise, as the use would best fit the definition of a shop. Further, the NSW Police Force have raised concerns with respect to site suitability and necessity for the use from a social impact perspective, and that there are already 24 packaged liquor licenses within the Wingecarribee Council area. From Council's professional staff point of view, all relevant matters have been addressed. It is considered this report adequately considers the merits of the development in terms of legislative compliance and its potential impact on the locality. The development application has been assessed in accordance with the matters for consideration under the Environmental Planning and Assessment Act 1979, and all relevant environmental planning instruments and Council policies. On balance and in considering the arguments put forward in this report and by the applicant, it is recommended that DA17/0888 be refused, subject to the reasons for refusal nominated in Attachment 1.




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ATTACHMENTS

1. Draft Notice of Determination

2. Locality Plan and Site Aerial

3. Approved Neighbourhood Shop Location Within Bowral Co-op (referenced 'B') Mark Pepping Deputy General Manager Corporate, Strategy and Development Services Friday 22 September 2017

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 27 September 2017

10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral

ATTACHMENT 1 Draft Notice of Determination

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10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral ATTACHMENT 2 Locality Plan and Site Aerial

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ATTACHMENT 2

Figure 1: Locality Plan


10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral ATTACHMENT 2 Locality Plan and Site Aerial

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Figure 2: Aerial Image


10.1 17/0888 Neighbourhod Shop (Including Sale of Local Liquor) - 85 Kirkham Road, Bowral ATTACHMENT 3 Approved Neighbourhood Shop Location Within Bowral Co-op (referenced 'B')

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ATTACHMENT 3



REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE AND RISK

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12 OPERATIONS FINANCE AND RISK

12.1 Investment Report - August 2017

Reference: 2104 Report Author: Deputy Chief Financial Officer Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE The purpose of this report is to present Council’s Investment Portfolio held at 31 August 2017.

RECOMMENDATION THAT the information on Council’s Investments as at 31 August 2017 be received and noted.

REPORT In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993. This report provides details of Council's Investment Portfolio as at 31 August 2017. Attachment 1 to this report provides Council’s Investment Portfolio, detailing investments held and a summary of the portfolio by the institution invested with and their credit rating. In accordance with Paragraph 212(1)(b) of the Local Government (General) Regulation, the investments listed in Attachment 1 have been made in accordance with:

The Local Government Act, 1993,

The Local Government (General) Regulation 2005,

The Ministerial Investment Order 2011,

Council’s Investment Policy. Interest earned from investments totalled $564,726 for the two months to 31 August 2017.




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ATTACHMENTS

1. Investment Report Summary for August 2017


12.1 Investment Report - August 2017 ATTACHMENT 1 Investment Report Summary for August 2017

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ATTACHMENT 1



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12.2 Proposed Road Closure - Part Wilson Drive Colo Vale

Reference: RD2231 Report Author: Property and Projects Officer Authoriser: Coordinator Property Services Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE The purpose of this report is to seek Council approval to close part of the road known as Wilson Drive Colo Vale. The segment of road to be closed is at the corner of Church Avenue and Wilson Drive, being the site of the new Colo Vale Rural Fire Service brigade station.

RECOMMENDATION 1. THAT Council endorse the application for partial road closure of unformed

section of Wilson Drive Colo Vale at the intersection of Church Avenue. 2. THAT Council give a minimum twenty eight (28) days public notice of its

intention to close a segment of the Council public road at the intersection of Church Avenue and Wilson Drive Colo Vale.

3. THAT following public notice of the proposed closure, Council make an

application to the Department of Industry – Lands & Forestry for the closure of part of Wilson Drive at the intersection of Church Avenue Colo Vale AND THAT if the Minister ultimately approves the closure of the road, upon closure the newly created lot will be classified as Operational Land pursuant to the Local Government Act, 1993.

4. THAT the General Manager and Mayor be delegated authority to execute under the Common Seal of the Council any agreement, plan or real property dealing in respect of the closure of the segment of road at the intersection of Church Avenue and Wilson Drive Colo Vale.




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REPORT The northern area of the Southern Highlands region is a significant bushfire prone area. The NSW Rural Fire Service has identified the need for a centrally located station in the northern villages equipped to respond to major events with sufficient space for staging during such events. To meet the required needs, NSW Rural Fire Service determined that the Colo Vale Brigade will be relocated from its current location at 42 Banksia Street to the corner of Church Avenue and Wilson Drive in Colo Vale, a much larger site, being unformed road reserve. Council as local consent authority has approved the development and construction is underway. Application for closure of part of the road is required in order to create a new lot for operational purposes. The area of road proposed to be closed is shown in Attachment 1.

IMPACT ON COUNCIL’S FIT FOR THE FUTURE IMPROVEMENT PLAN

None identified.

CONSULTATION

Community Engagement

Following Council endorsement, public notice of the intention to close part of the unformed road will be advertised for a minimum twenty eight (28) days.

Internal Consultation

Nil

External Consultation

Department of Primary Industry – Lands & Forestry

Rural Fire Service


Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.


There are no broader economic implications in relation to this report.

Culture





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Governance

The request for closure must be reported to Council and the application to the Crown endorsed.

COUNCIL BUDGET IMPLICATIONS Upon closure, the title to the newly created lot will vest in Council. There will be minor budget implications. The preliminary road closure application fee payable to the Department of Industry – Lands is $476.90. Surveying costs and registration fees are estimated to be $5,500.00.

RELATED COUNCIL POLICY

None identified.

CONCLUSION It is recommended that Council adopt the recommendations made in this report in order that a new lot is created for the Colo Vale Rural Fire Service brigade station.

ATTACHMENTS

1. Aerial map of part Wilson Drive Colo Vale to be closed Barry W Paull Deputy General Manager Operations, Finance and Risk Friday 22 September 2017


12.2 Proposed Road Closure - Part Wilson Drive Colo Vale ATTACHMENT 1 Aerial map of part Wilson Drive Colo Vale to be closed

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ATTACHMENT 1




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13 CORPORATE STRATEGY AND DEVELOPMENT SERVICES

THIS ITEM WAS DEFERRED FROM THE ORDINGARY MEETING OF COUNCIL HELD ON WEDNESDAY, 13 SEPTEMBER 2017

13.1 Council Nominations for the Southern Joint Regional Planning Panel

Reference: 5605, 5300 Report Author: Group Manager Planning, Development and Regulatory

Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability

and ethical governance that guides well informed decisions to advance agreed community priorities

PURPOSE The purpose of this report is to seek nominations for the Southern Joint Regional Planning Panel (JRPP) as the memberships of the previous Councillor nominations expire on 18 September 2017 and to seek Council’s direction on setting rates of remuneration for any selected member in accordance with the Joint Regional Planning Panel’s Operational Procedures 2016. The appointment of any new or existing member will serve on the panel for a period not exceeding three (3) years.




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RECOMMENDATION 1. THAT Council nominate Councillor __________________ as a member of the

Joint Regional Planning Panel Southern Region for a period not exceeding 3 years from the date of notification of the appointment to the Panel Secretariat.

2. THAT Council nominate Councillor ___________________ as an alternate

member of the Joint Regional Planning Panel Southern Region for a period not exceeding 3 years from the date of notification of the appointment to the Panel Secretariat.

3. THAT Council remunerate members at a rate of $600 including GST and travel

expenses per meeting for the 2017/2018 financial year and subsequent financial years.

4. THAT Council formally write to the New South Wales Department of Planning

and Environment Secretary and request that changes be made to Schedule 4A of the Environmental Planning and Assessment Act 1979 to enable Council appointed members and community members, be appointed for a period not exceeding 4 years, with appointments made immediately preceding the NSW Local Government Elections.

REPORT

BACKGROUND The introduction of Joint Regional Planning Panels (JRPPs) was part of the New

South Wales State Government’s planning reforms package which commenced in 2009.

The purpose of the reforms was to ensure greater transparency and de-politicisation in

decision making within the development process.

The current Joint Regional Planning Panel Councillor members are:

Councillor Ian Scandrett

Councillor Graham McLaughlin (Alternate)

From 1 October 2011, as part of the State Government’s reform of the New South

Wales Planning System, JRPP’s now determine the following classifications of Regional

Development:

Development with a Capital Investment Value over $20 million dollars

Development with a Capital Investment Value over $5 million of which;

(i) Is Council related either as a proponent or land owner; (ii) Lodged on or on behalf of the Crown (State of New South Wales); (iii) Private Infrastructure and community facilities; or (iv) Eco-tourist facilities




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Extractive industries, waste facilities and marinas that are defined as designated development under the Environmental Planning and Assessment Act 1979.

Certain Coastal Subdivision

Development with a Capital Investment Value (CIV) between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days.

Crown Development applications (with a Capital Investment Value under $5 million) referred to the regional panel by the applicant or local Council after 70 days from lodgement as undermined, including where recommended conditions are in dispute.

Development that meets the specific CIV or other criteria to be State Significant

development is excluded as being regional development. For example, manufacturing

industries, hospitals and education establishments with a CIV over $30 million are

considered to be state significant.

In terms of the assessment and determination of any proposal that is considered by

the Joint Regional Planning Panel, an application must be first lodged with the

Council and Council undertakes the assessment process in accordance with the statutory

provisions of section 79(c) of the Environmental Planning and Assessment Act 1979. This

includes public exhibition and referral processes to other state government agencies.

Once the assessment has been completed a report is generated and is referred to the

Joint Regional Planning Panel where a meeting is held and the proponents and any

person who makes a submission may address the panel. Once the panel has made a

determination on an application, the Council then issues a notice of determination with

conditions of development consent and the public is notified of its decision.

It is the responsibility of Council to carry out a proper and professional assessment for the

panel’s determination of the development application. Upon completion by the assessment

officer, the report and recommendations on the development application is forwarded to

the Panel Secretariat and form a part of the business papers which are distributed to each

panel member of the relevant panel one week prior to the panel meeting.

The public panel meeting is an important part of the determination process for a

development application. The purpose of the meeting is for the panel to hear those who

wish to express their view on the development application and the recommendations in the

assessment report before the panel makes a decision. Presentations can be made by

members of the public who may or may not have made submissions to the Council and

the applicant. After hearing from parties who requested to make a verbal submission, the

panel makes its decision in an open forum by a show of hands for and against.

REPORT

Council has the ability to nominate two members to the JRPP. Since its commencement,

Council has nominated a Councillor and a community representative. It is considered that

the interests of the local community would be best served with some Councillor

representation on the Panel. It is therefore proposed that Council again nominate a

Councillor as member of the Joint Regional Planning Panel, with a second Councillor

nominated as an alternate member. The term of the community representations is not due

to expire until March 2019.

In order to ensure probity and transparency and further in order to comply with the

Department of Planning’s Joint Regional Planning Panel’s Operational guidelines, it

should be noted that any Councillor nominated to be a member (or alternate member) of




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the Joint Regional Planning Panel should not participate in any working group, Committee

or Council Meeting at which a JRPP proposal is discussed, considered or debated as this

would result in a potential conflict of interest thereby disqualifying that Councillor from the

JRPP determination.

In accordance with Council’s previous resolution, and in accordance with the NSW Department of Planning and Environment Joint Regional Planning Panel Operational Guidelines 2016, Panel members have been remunerated at a rate of $600 including GST and travel expenses per panel meeting. It is not proposed to alter this fee as a budget has been adopted as part of the 2017/2018 financial management plan for remuneration of JRPP members.

STATUTORY PROVISIONS

The Joint Regional Planning Panel is a panel established by the Minister of Planning and Environment under section 23G of the Environmental Planning and Assessment Act 1979. The statutory purpose of the panel is to determine applications that are listed in Schedule 4A of the Environmental Planning and Assessment Act 1979 - Development for which regional panels may be authorised to exercise consent authority functions of a Council. The Department of Planning and Environment Joint Regional Planning Panel Operational Guidelines also provide for the statutory framework or the operational ‘mechanics’ of these panels.


There is no impact on Council’s Fit for the Future Improvement Plan.

CONSULTATION


There is no community engagement expected in order to appoint a Council appointed panel member and alternate member to the Joint Regional Planning Panel (Southern Region).


Internal consultation has occurred with Corporate Strategy and Governance sections of Council.


Council has consulted with the Joint Regional Planning Panel Secretariat with respect to procedural matters surrounding the appointments of a Council appointed JRPP member and alternate member.




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Environment

There are no perceived or expected environmental issues identified in relation to this

report.

Social

There are no perceived or expected social issues identified as part of this report.



Culture

There are no perceived or expected cultural issues identified in this report.

Governance

Governance surrounding the appointment of panel members is undertaken in accordance

with the Joint Regional Planning Panel Operational Guidelines 2016.

COUNCIL BUDGET IMPLICATIONS

The proposed membership of the Joint Regional Planning Panel has a modest

forecast budget implication that has been reflected in the 2017/2018 Council Management

Plan. The current allocated expenditure for the 17/18 financial year is in the vicinity of

$6,000. This allocation covers not only remuneration of Council and community members

but also covers expenses associated with the provision of public meetings including

sustenance for all panel members including state representatives and in some cases

venue hire fees where necessary.


None identified.

OPTIONS

In accordance with the JRPP Operational Guidelines, Council has the ability to nominate

for two (2) members of the five (5) member panel and therefore as a community member

and community alternate member was appointed in 2016, the options available for the

Council appointed panel member is:

Option 1:

Nominate and appoint one (1) Councillor Member to the Joint Regional Planning Panel

Southern Region only.

Option 2:


Southern Region and an alternate panel member.




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Option 3:


Southern Region and two (2) alternate panel members.


DISCUSSION

Council appointed community representatives were appointed to the Joint Regional

Planning Panel Southern Region in 2016 and accordingly are not required to be

reconsidered until 2019.

CONCLUSION

Council nominations of members of the Joint Regional Planning Panel are considered to

be an important part of the determination process for significant development proposals

and a means of ensuring that the interests of the local community are represented.

Council previously appointed a Council representative and alternate panel member to the

Joint Regional Planning Panel on 18 September 2014 and in accordance with the

statutory provisions, a panel member shall not exceed 3 years in their membership on the

panel. Accordingly, it is appropriate that either the existing Council representatives be re-

confirmed or new members be appointed by resolution of the Council.

ATTACHMENTS

There are no attachments to this report.




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13.2 Request to Create a Restrictive Covenant on Council's Carpark at Kirkham Road Moss Vale

Reference: 7472/3 Report Author: Deputy General Manager Corporate, Strategy and

Development Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and


PURPOSE The purpose of this Report is to enable Council to consider and determine the creation of a restriction on the title to the Council property, being car park at 4 Kirkham Street Moss Vale. The restriction on title will benefit the adjacent Moss Vale Police Station where an electricity substation has been installed and in respect of which Endeavour Energy requires a 3 metre safety clearance.

RECOMMENDATION 1. THAT Council approve the creation of a Restrictive Covenant on the title to the

Council property, being car park at 4 Kirkham Street Moss Vale (Lot 1 DP 203073), benefiting the adjacent Moss Vale Police Station AND THAT it is noted that the covenant is for an appropriate safety clearance for an electricity substation.

2. THAT the General Manager and Mayor be delegated authority to execute the

Restrictive Covenant in respect of the Council property referred to in resolution 1 above and to affix the Common Seal of the Council to the document/s, if required.

REPORT

BACKGROUND

On 26 April 2016, Development Application 15/0146 was approved by the Southern Joint Regional Planning Panel for the development of a new Police Station.

On 9 June 2017 a Section 96 Modification Application DA15/0146.05 was lodged with Council proposing the addition of an electricity substation on the south eastern corner of the site fronting Elizabeth Street. The modification application was approved on 21 August 2017.




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REPORT

The design of the new electricity substation on the subject site originally incorporated a ‘blast wall’. Endeavour Energy subsequently informed NSW Police that the installation of the blast wall was not required. However in lieu of a blast wall, it is required that restrictions be placed on the title of land or any adjoining land that could have a building built that restricts the location of a building in terms of distance from the substation and determines the minimum construction fire rating.

The location of the Council property, being car park and the area affected is depicted in the map below:

Endeavour Energy require a Restrictive Covenant to be placed on the title to the Council property to provide a 3 metre safety clearance between padmount stations and adjoining buildings, with reference to the following terms.

The 3 metre clearance is measured from the substation footing.

The building restriction applies to all padmount substations.




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The terms of the restriction include:

1. No building shall be erected or permitted to remain within the restriction site unless:

1.1 the external surface of the building erected within 1.5 metres from the substation footing as a 120/120/120 fire rating, and

1.2 the external surface of the building erected more than 1.5 metres from the substation footing has a 60/60/60 fire rating, and

1.3 the owner provides the authority benefited with an engineer’s certificate to this effect.

2. The fire ratings mentioned above must be achieved without the use of firefighting systems such as automatic sprinklers.

Given that the substation and padmount are located within the Police Station site someway off the boundary, the actual area of Council property affected by the restriction is estimated to be approximately 1.5 metres. Given the alternate option of allowing a building to be erected within the 3 metre restriction zone with the appropriate fire resistance levels mentioned above, it is considered that the covenant potentially has a very minor impact on any future opportunities for any possible development of the car park site should it be ever contemplated.


Not applicable.

CONSULTATION


Community Engagement is not required on this matter.


Council’s Coordinator Property Services has been consulted on this matter.


No external consultation is required on this matter.


Environment


Social







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Culture


Governance

There are no governance issues in relation to this report.


There are no significant budgetary implications in regard to this matter apart from the costs associated with the placement of a restrictive Covenant over Council’s car park.


There are no related Council Policies on this matter.

OPTIONS


Option 1

That Council approve the creation of a Restrictive Covenant on the title to the Council property being car park 4 Kirkham Street Moss Vale (Lot 1 DP203073) and that it is noted that the covenant will ,benefit the adjacent Moss Vale Police Station where an electricity substation has been installed and which Endeavour Energy requires an appropriate safety clearance.

Option 2

That Council approve the creation of a Restrictive Covenant as outlined in Option 1 above but that compensation be assessed by a registered valuer to determine the impact of the registration of a Restrictive Covenant on the title to the Council property.

Option 3

That Council refuses to grant the creation of a restrictive Covenant on the title to the Council car park.


CONCLUSION

The report recommends that Council approve the creation of the restrictive covenant on the Council owned property to enable the safe installation of the substation in association with the new Police Station development. The actual impact of the covenant on the title to the Council property is considered to be minimal.

ATTACHMENTS

1. Plan of Substation Easement and Restriction Diagram




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Mark Pepping Deputy General Manager Corporate, Strategy and Development Services Friday 22 September 2017


13.2 Request to Create a Restrictive Covenant on Council's Carpark at Kirkham Road Moss Vale

ATTACHMENT 1 Plan of Substation Easement and Restriction Diagram

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Support Request for a Refund of Development Fees by Challenge Southern Highlands Inc

Reference: 17/1098 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance and Risk Link to Community Strategic Plan: Work collaboratively to address social disadvantage

PURPOSE The purpose of this report is to seek Council’s support for Challenge Southern Highlands Inc request for a refund of Development Application and Construction Certificate Fees.

RECOMMENDATION THAT Council determines its position with regard to the request by Challenge Southern Highlands Inc for a refund of Development Application and Construction Certificate Fees in the amount of $6,017.08.

REPORT

BACKGROUND

Challenge Southern Highlands (CHS) is an Incorporated Association and a community-based charitable organisation that provides training and employment opportunities for people with disabilities through their Welby Garden Centre, a Light Packaging Division and a Secure Document Destruction Service located in the Southern Highlands.

REPORT

Challenge Southern Highlands recently submitted a Development Application to Council at a cost of $6,017.08 for the refurbishment of their Administration Building at the Challenge Southern Highlands site in Welby. Built in the 1980’s it is in need of attention having received very little over the years to address the Australian Standards for people with disabilities.

CHS have received to date $20,000 towards the building costs and will rely on benefactors through grant funding for the remaining refurbishment funds.

Due to their charitable status and the significant work they perform on behalf of people with disabilities in our community they have requested financial assistance from Council in the form of a reimbursement for the Development Application and Construction Certificate fees totalling $6,017.08 which have already been paid. Their intention is to then return this amount to their construction fund.




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None

CONSULTATION


No community consultation has taken place


General Manager

Senior Town Planner


No external consultation has taken place


Environment


Social

There are no social implications in relation to this report.



Culture


Governance

There are no governance issues in relation to this report.


The current balance of the Contingency Fund as at 31 August was $29,601.95.


Community Strategic Plan 2017-2021




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OPTIONS

Submitted for the determination by Council.

CONCLUSION

Challenge Southern Highlands (CSH) train and employ people with disabilities within our Community who would otherwise have very few opportunities for education and enriching their lives with employment.

Their administration facility currently does not comply with Australian Standards for people with a disability and is in need of refurbishment. The reimbursement of the Development Application and Construction Certificate fees in the amount of $6,017.08 will go a long way towards securing the commencement of the project.

ATTACHMENTS




REPORT GENERAL MANAGER

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THIS ITEM WAS DEFERRED FROM THE ORDINGARY MEETING OF COUNCIL HELD ON WEDNESDAY, 13 SEPTEMBER 2017

14.2 Delegations of Authority - General Manager

Reference: 800/10 Report Author: General Manager Authoriser: General Manager Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE

The purpose of this report is to review Council’s delegations to the General Manager. Under s.380 of the Local Government Act 1993 each Council must review its delegations during the first 12 months of each term of office.

RECOMMENDATION THAT pursuant to s.377 of the Local Government Act 1993, Council delegates the authority to the General Manager to undertake the functions of Council, via the powers, authorities and duties contained in applicable legislation and specifically those set out in Schedule 1, subject to the limitations set out in Schedule 2 of the Instrument of Delegation detailed in Attachment 1 to this report.

REPORT

BACKGROUND In accordance with s.380 of the Local Government Act 1993, the delegations to the General Manager need to be reviewed within the first 12 months of each term of Council. Broad delegations of authority are usual practice throughout Local Government and allows for the expedient exercise and performance of Council’s day to day activities. The advantages of this are: 1. If the General Manager is empowered by amended or new legislation, either by Act or

Regulation, the delegation is immediately in force and the General Manager is thereby empowered to sub-delegate as appropriate to relevant council staff.

2. There is no scope for a relevant delegation to be overlooked; ensuring the legality of

all functions authorised to be carried out by Council staff.




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3. Assists the General Manager in making operational decisions in an expeditious manner.

REPORT S.378 of the Local Government Act 1993 allows the General Manager to sub-delegate any of the functions of the General Manager to any person or body including another employee of the Council. A comprehensive review of delegations from the General Manager has been completed and revised Delegations of Authority have been issued and are operative. These are consistent with the Delegations and Limitations set out in Attachment 1. Under the Local Government Act 1993, Council is required to maintain an accurate register of all Delegations of Authority. The Minister of Local Government presented the Local Government Amendment (Governance and Planning) Bill 2016. The Bill was passed by the NSW Government and was proclaimed in September 2016. The amendment made to s. 377 of the Local Government Act 1993 allows councils to delegate the acceptance of tenders to the General Manager, excluding the acceptance of tenders to provide services currently provided by members of staff of the council. On 14 December 2016, Council delegated to the General Manager the power to accept tenders as detailed in Clause 178 of the Local Government (General) Regulations 2005. This is reflected in Item 3 of Schedule 1, set out in Attachment 1. This delegation is limited by item (i) of Schedule 2, also set out in Attachment 1. In 2012, the then Minister for Planning and Infrastructure, the Hon. Brad Hazzard MP wrote to Council (see Attachment 2), advising that the Minister had delegated to councils all his functions under s.59 of the Environmental Planning and Assessment Act 1979 for the making of Local Environmental Plans (LEPs). Council was required to notify the Minister in writing of its acceptance of this delegation and to advise the name and position of employees granted the delegation. Council at its meeting on 12 December 2012 resolved as follows: 1. THAT Council accepts the Delegations of the Minister for Planning and Infrastructure

under Section 59 of the Environmental Planning and Assessment Act, 1979 (EP&A Act) as outlined in this report.

2. THAT in accordance with Section 381 of the Local Government Act 1993, Council

delegate to the General Manager and the Manager Strategic and Assets the functions under section 59 of the EP&A Act.

3. THAT the Depart of Planning and Infrastructure be advised in writing that Council

accepts the right to exercise the delegations under section 59 of the EPA Act and that the Officers of the Council nominated to perform the delegations are:

a. Jason R Gordon, General Manager b. Mark Pepping, Manager Strategic & Assets.




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To reflect changes to positions and their incumbents, Council at its meeting on 11 February 2015 resolved as follows: 1. THAT in accordance with Section 381(3) of the Local Government Act 1993 Council

delegates to the General Manager the functions under Section 59 of the Environmental Planning and Assessment Act 1979.

2. THAT the Department of Planning and Environment be advised in writing that Council has amended the positions to which the delegated functions of Section 59 of the Environmental Planning and Assessment Act 1979 apply to the following positions and their incumbents:

a. General Manager – Ann Prendergast b. Deputy General Manager Corporate, Strategy and Development Services –

Mark Pepping. The delegations set out in Schedule 1, item 4 of Attachment 1 reflects that. The delegation to the General Manager and other nominated staff only applies to the final administrative stage once the Council adopts the making of a Planning Proposal to amend the Wingecarribee Local Environmental Plan 2010.


None identified.

CONSULTATION


Not required


General Manager

Deputy General Managers


Council’s legal adviser


Environment


Social





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Culture


Governance

In order for Council to function, Council must delegate functions and powers to staff through the General Manager. The effective delegation of powers to the General Manager ensures the ongoing legality of Council operations, and a failure to properly delegate leaves Council open to the risk of challenge for ultra vires exercise of power.


There are no budget implications arising from this report.


The maintenance of effective and workable delegations of authority is anticipated by Council’s 2031+ Community Strategic Plan.

OPTIONS


Option 1

That Council adopt the recommendation.

Option 2

That Council amend the delegations prior to adoption.


CONCLUSION

It is necessary that Council grant the delegations to the General Manager to ensure the effective functioning of Council’s operations.

ATTACHMENTS

1. Instrument of Delegations to the General Manager

2. Letter from the Minister of Planning and Infrastructure received in 2012


14.2 Delegations of Authority - General Manager ATTACHMENT 1 Instrument of Delegations to the General

Manager

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14.2 Delegations of Authority - General Manager ATTACHMENT 1 Instrument of Delegations to the General

Manager

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14.2 Delegations of Authority - General Manager ATTACHMENT 2 Letter from the Minister of Planning and

Infrastructure received in 2012

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ATTACHMENT 2


14.2 Delegations of Authority - General Manager ATTACHMENT 2 Letter from the Minister of Planning and

Infrastructure received in 2012

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14.3 Legal Report

Reference: 107/22 Report Author: General Counsel Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Updating the report on the status of legal proceedings reported to Council at the meeting on 23 August 2017.

RECOMMENDATION 1. THAT the status of the legal proceedings involving Council be considered in

Closed Council – Item 22.1. 2. THAT the information relating to ongoing legal costs in Attachment 1 to the

report be noted. Note: In accordance with Council’s Code of Meeting Practice, immediately after a motion

to close part of a meeting to the public has been moved and seconded, debate on the motion should be suspended to allow the public to make representations to Council as to why the item should not be considered in Closed Council.

REPORT

BACKGROUND

This report updates the current status and costs paid during August 2017 for legal proceedings involving Council, including those matters completed since the last report to Council. Legal proceedings involving Council and legal advice obtained by Council are confidential and attract legal professional privilege. Therefore, their status is reported in a closed report.

REPORT On 17 April 2013, Council resolved: THAT the legal costs as detailed in the Legal Affairs Report be made public in the Business Paper on an ongoing basis.

The report on the status of legal affairs involving Council contains information and advice that is privileged on the ground of legal professional privilege and contains information that, if disclosed, could confer a commercial advantage on parties with whom Council is conducting business (including opposing parties in litigation). Therefore, it is recommended




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that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(c) and 10A(2)(g) of the Local Government Act 1993. For the purpose of preserving privacy, some matters in Attachment 1 may be described in general terms. If a Councillor has a specific enquiry regarding the costs reported, they should raise it in Closed Council. Consultants Fees At the Council meeting on 8 March, 2017, Council resolved that the Legal Affairs Report include a separate column for fees paid to consultants in legal proceedings.

Consultants are engaged in all cases concerning development consents in the Land & Environment Court as the Court requires the parties to provide expert evidence to assist in the determination of the issues in the case.

These consultants prepare reports for the Court and give evidence if the matter goes to hearing on such matters as site density, building layout, traffic, drainage, noise, light and any other relevant issue.

The consultants are always engaged by the external law firm acting for Council.

Usually, their fees are paid by the law firm and recouped from Council through an invoice from the law firm. In that case, the consultants’ fees have been included in the monthly Legal Affairs report to Council. There were consultants’ fees for legal proceedings paid in the month of August – refer Attachment 1.


There is no impact on Council’s Fit for the Future Improvement Plan.

CONSULTATION


Nil


Staff and management provide information, as required, to assist the progress of the matters reported.


Solicitors from Council’s Legal Panel provide advice and conduct legal proceedings on Council’s behalf.




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Environment

There are no environmental issues in relation to this report. However, some legal proceedings may deal with unauthorised works or activities which have had or could have an environmental impact.

Social




Culture


Governance

There is a strong community expectation in relation to enforcement and compliance actions of Council. Actions taken are in line with Council’s Compliance and Enforcement Policy.

COUNCIL BUDGET IMPLICATIONS There are ongoing legal expenses incurred by Council relating to legal proceedings involving Council and legal advice obtained by Council.


Council’s Compliance and Enforcement Policy.

ATTACHMENTS

1. Legal Costs August 2017 Ann Prendergast General Manager Friday 22 September 2017


14.3 Legal Report ATTACHMENT 1 Legal Costs August 2017

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COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Community Strategic Plan: Encourage all members of the community, especially older

residents, to share their knowledge and experience with younger members

PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Hampden Park Management Committee Annual General Meeting held on Tuesday,

18 July 2017. 2. Mittagong Memorial Hall Management Committee Annual General Meeting held on

Thursday, 3 August 2017. 3. Mittagong Memorial Hall Management Committee held on Thursday, 3 August 2017. 4. Loseby Park Community Hall Management Committee Annual General Meeting held

on Friday, 4 August 2017. 5. Yerrinbool Hall Management Committee Annual General Meeting held on Monday,

14 August 2017. 6. Aboriginal Community and Cultural Centre Management Committee held on Tuesday,

5 September 2017. 7. Mittagong Memorial Hall Management Committee held on Thursday, 7 September

2017.



COMMITTEE REPORTS

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RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Hampden Park Management Committee Annual General Meeting held on

Tuesday, 18 July 2017. 2. Mittagong Memorial Hall Management Committee Annual General Meeting held

on Thursday, 3 August 2017. 3. Mittagong Memorial Hall Management Committee held on Thursday, 3 August

2017. 4. Loseby Park Community Hall Management Committee Annual General Meeting

held on Friday, 4 August 2017. 5. Yerrinbool Hall Management Committee Annual General Meeting held on

Monday, 14 August 2017. 6. Aboriginal Community and Cultural Centre Management Committee held on

Tuesday, 5 September 2017. 7. Mittagong Memorial Hall Management Committee held on Thursday,

7 September 2017.

ATTACHMENTS




COMMITTEE REPORTS

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18.2 Minutes of the Demographic and Housing Advisory Committee Meeting held on Wednesday, 6 September 2017

Reference: 1823/3 Report Author: PA for Mayor Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and


PURPOSE This report provides the Minutes of the Demographic and Housing Advisory Committee Meeting held on Wednesday, 6 September 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 1 Welcome and Apologies DEM08/17 THAT the apologies of Mayor Clr Halstead be accepted and leave of absence granted. Item 3 Adoption of Minutes of Previous Meeting DEM09/17 THAT the minutes of the Demographic and Housing Advisory Committee Meeting held on Wednesday 7 June 2017 DEM5/17 to DEM7/17 inclusive, copies of which were forwarded to the Committee, be adopted as a correct record of the proceedings of the meeting. Item 6.1 Update on Land and Housing Monitor DEM10/17 THAT the report and presentation regarding the developing of a Land and Housing Monitoring System be noted Item 6.2 Preliminary demographic and housing information from the 2016 ABS Census. DEM11/17 THAT the presentation regarding the 2016 ABS Census data be noted.



COMMITTEE REPORTS

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Item 6.3 Submission to Parliamentary Inquiry – Land Release and Housing Supply DEM12/17 THAT the Council submission to the Parliamentary Inquiry – Land Release and Housing Supply be noted

RECOMMENDATION THAT recommendations Nos DEM 08/17 to DEM 12/17 – as detailed in the Minutes of the Demographic and Housing Advisory Committee Meeting held on Wednesday, 6 September 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Demographic and Housing Advisory Committee, held 6 September 2017



ATTACHMENT 1 Minutes of the Demographic and Housing Advisory Committee, held 6 September 2017

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.3 Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017

Reference: 107/25 Report Author: Natural Resource Project Coordinator Authoriser: Manager Environment and Sustainability Link to Community Strategic Plan: Sustainably manage natural resources for broader

community benefit

PURPOSE This report provides the Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 1 Welcome and Apologies ES 12/17 THAT the apologies of Mr Clive West and Mr Geoff O’Connor be accepted and leave of absence granted. Item 3 Adoption of Minutes of Previous Meeting ES 13/17 THAT the minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday 21 June 2017 MN ES 7/11 to MN ES 11/17 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. Item 4 Business Arising ES 14/17 THAT key points of Committee discussions on agenda items arising during the Meeting be captured in the Minutes, noting that responsibility falls on Committee members to identify to the chair the key points to be minuted. Item 6.1 Review of the Private Land Biodiversity Conservation Strategic Plan (2014-

2019) MN 15/17 THAT the Environment and Sustainability Advisory Committee approve the adoption of the Private Land Biodiversity Conservation Strategic Plan (2014 - 2019) Revision 1 AND THAT the plan be implemented to continue the outstanding biodiversity conservation and community engagement outcomes that have been achieved to date.



COMMITTEE REPORTS

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Item 6.2 Southern Highlands Koala Conservation Project - Update and Immediate Issues

MN 16/17 1. THAT Council supports the provision of effective measures, including signage, fencing

and underpasses, to reduce vehicle strikes to koalas on the Hume Highway within the Wingecarribee Shire.

2. THAT Council make representations to the relevant State and Federal Ministers requesting prompt and effective action be undertaken to implement these measures.

3. THAT Council take steps to enter into formal negotiations with Wollondilly Shire Council to discuss opportunities for a joint approach to the State and Federal Governments and the Roads and Maritime Services seeking assistance in reducing the deaths of koalas on the Shires’ roads.

4. THAT Council seek the urgent assistance of the Hon Pru Goward, MP, Member for Goulburn and Mr Jai Rowell, MP, Member for Wollondilly to ensure positive outcomes to the measures sought in resolution 1 above.

Item 6.3 WSC Energy Management Strategy and Action Plan MN 17/17 THAT the presentation be noted AND THAT the Environment and Sustainability Advisory Committee be provided regular updates on Council’s progress against the Strategy and Action Plan including opportunities for large scale renewable energy.

RECOMMENDATION THAT recommendations Nos ES 12/17 to ES 17/17 – as detailed in the Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

ATTACHMENTS

1. Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017



ATTACHMENT 1 Minutes of the Environment and Sustainability Advisory Committee Meeting held on Wednesday, 20 September 2017

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ATTACHMENT 1




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NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Motion 28/2017 - Water Allowance for Home Owners Undergoing Home Haemodialysis

Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Gordon Markwart and Duncan Gair have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 27 September 2017: 1. THAT Council ask all home owners undergoing Home Haemodialysis to advise

of their estimated annual water consumption attributable to their dialysis equipment.

2. THAT based on this information, Council adopt an increase to a maximum of

183 kl/year (from 52 kl to 235 kl) in the water allowance offered to property owners who are currently undergoing Home Haemodialysis, effective from the commencement of the August 2017 billing period.

3. THAT the increase in allowance be funded through the next quarterly review of

the Water Fund Budget. 4. THAT staff include this increased allowance as part of the broader review of

Council rebates and allowances policy/(ies) to be submitted to a future Ordinary Meeting of Council.

RECOMMENDATION

Submitted for determination.

PREAMBLE Council currently has five property owners who access the Kidney Dialysis Rebate. These rebates are all provided at 1 kl per week (1,000 litres per week). The annual rebate provided to each property owner is $92.56 per annum (calculated using 52 kl at the lower tariff rate $1.78 per kl).



NOTICES OF MOTION

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According to dialysis professionals, it is estimated that Home Haemodialysis (HHD) uses 126-323 kl of water per annum (variable by treatment regime). Rebates and allowances vary across water providers across NSW, however, Sydney Water presently offers an allowance of up to 400 kl a year (100 kl each quarter) to registered kidney dialysis customers. At least one Wingecarribee Shire property owner using home dialysis actually consumes slightly more than 230,000 litres of water each year, 178 kl more than the current allowance provided by Council. This water volume has been confirmed as typical for this patient by the RPA Hospital. It is beholding upon Council to ensure that no unnecessary financial burden is placed upon community members undergoing home self-dialysis by applying an appropriate water rebate that reflects actual dialysis water consumption. The table below provides costings for increasing the allowance. *Note – figures are based on the lower tariff rate of $1.78 per kl.

Water Allowance – Per Annum

Financial Rebate – Per Annum

Current (52kl) $92.56

100kl $178.00

200kl $356.00

300kl $534.00

400kl $712.00

Given there are five home owners who could take the increased allowance of 235 kl/year, the maximum increase in costs would be $1,628.70 or less in total for all five home owners, up from $462.80 to a maximum of $2,191.50 total/year. The total figure will vary dependent upon how many residents were required to undertake HHD and the water consumed with each treatment regime. The allowances and rebates provided would be reported to Council each as is required under the Local Government Act.



CLOSED COUNCIL

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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.

Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).

However, the Act also contains the following provisions qualifying the use of Section 10A(2).

Section 10B

1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:

a. are substantial issues relating to a matter in which the council or committee is involved, and

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).

4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

a. a person may misinterpret or misunderstand the discussion, or

b. the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.

Director General’s Guidelines

The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.



CLOSED COUNCIL

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RECOMMENDATION 1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

22.1 Legal Report - Closed Council

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description Updating the report on the status of legal proceedings reported to Council at the meeting on 23 August 2017.

2. THAT the minutes of the Closed Council part of the meeting (being the

Council’s resolution) be made public.

Ann Prendergast General Manager Friday 22 September 2017

agenda of ordinary meeting of council - 27 september 2017€¦ · agenda for the ordinary meeting...

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