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BUSINESS PAPER ORDINARY MEETING OF COUNCIL To be held at 6.00 pm on Monday 30 January 2012 Order of Business Members 1 Acknowledgement of Traditional Owners 2 Civic Prayer 3 Apologies 4 Disclosures of Pecuniary Interest 5 Petitions and Presentations 6 Confirmation of Minutes – Ordinary Council Meeting 12 December 2011 7 Public Access Forum 8 Notice of Motion(s) 9 Notice of Rescission 10 Call of the Agenda 11 Agenda Items Lord Mayor – Councillor Gordon Bradbery OAM (Chair) Deputy Lord Mayor – Councillor David Brown Councillor Michelle Blicavs Councillor Leigh Colacino Councillor Chris Connor Councillor Bede Crasnich Councillor Vicki Curran Councillor John Dorahy Councillor Janice Kershaw Councillor Ann Martin Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs QUORUM – 7 MEMBERS TO BE PRESENT

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BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 30 January 2012

Order of Business Members 1 Acknowledgement of Traditional

Owners 2 Civic Prayer 3 Apologies 4 Disclosures of Pecuniary Interest 5 Petitions and Presentations 6 Confirmation of Minutes – Ordinary

Council Meeting 12 December 2011

7 Public Access Forum 8 Notice of Motion(s) 9 Notice of Rescission 10 Call of the Agenda 11 Agenda Items

Lord Mayor – Councillor Gordon Bradbery OAM (Chair)

Deputy Lord Mayor – Councillor David Brown Councillor Michelle Blicavs Councillor Leigh Colacino Councillor Chris Connor Councillor Bede Crasnich Councillor Vicki Curran Councillor John Dorahy Councillor Janice Kershaw Councillor Ann Martin Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs

QUORUM – 7 MEMBERS TO BE PRESENT

Ordinary Meeting of Council 30 January 2012

INDEX PAGE NO.

Notices of Motion

ITEM 1 Councillor Blicavs - Unanderra Railway Station (CM11/12) ...............................1

ITEM 2 Councillor Merrin - Road Freight Haulage (CM12/12)........................................2

Notice of Rescission

ITEM 3 Councillors Merrin, Takacs and Curran - Planning Proposal - Huntley and Avondale Mine Colliery Site - Post Exhibition Report (CM1/12).........................3

Infrastructure and Works Department

ITEM 4 Endorsement of Waste and Resource Recovery Strategy 2012-2022 for Public Consultation (CM2/12) .......................................................................9

ITEM 5 Amendments to 2011/12 Fees and Charges - Waste Services (CM3/12) ............................................................................................................12

ITEM 6 T10/22 - Fire Services Tender (CM4/12)............................................................14

ITEM 7 Allocation of Funds from Permanent Road Closures (CM5/12) .........................18

ITEM 8 Proposed Compulsory Acquisition of Lot 157 DP 1165973 Reddalls Road Kembla Grange for Addition to Whytes Gully Waste Disposal Depot (CM6/12)...................................................................................20

Corporate and Community Services Department

ITEM 9 Workforce Diversity (CM7/12) ...........................................................................23

ITEM 10 December 2011 Financials (CM8/12) ................................................................35

ITEM 11 Statement of Investments - November/December 2011 (CM9/12) ....................40

ITEM 12 Bi-Monthly Tabling of Returns of Disclosures of Interest (CM10/12)..................42

Infrastructure and Works Department ITEM 13 LATE BUSINESS - Minutes of the City of Wollongong

Traffic Committee Meeting held 23 January 2012 .............................................. 43

MINUTES ORDINARY MEETING OF COUNCIL

at 6.01 pm

Monday 12 December 2011

Present

Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Petty

In Attendance

General Manager (Acting) – P Kofod, Director Corporate and Community Services –G Doyle, Director Infrastructure and Works (Acting) – P Coyte, Director Planning and Environment – A Carfield, Manager Governance and Information – L Kofod, Manager Finance – B Jenkins, Manager Infrastructure – J Shepherd, Manager City Works – K Mondal, Manager Environmental Strategy and Planning – R Campbell and Manager Organisational Strategy and Improvement (Acting) – B Logue

Apology

Min No.

269 RESOLVED on the motion of Councillor Brown seconded Councillor Martin that the apology tendered on behalf of Councillor Kershaw be received and leave of absence granted.

Minutes of Ordinary Meeting of Council 12 December 2011

INDEX PAGE NO.

Petitions and Presentations

Petition Calling for Crown Street Mall to be Reopened to Traffic ........................ 5

Keep Australia Beautiful Clean Beaches 2011 Awards ....................................... 5

Public Access Forum

Planning Proposal for Gleniffer Brae..................................................................... 6

Draft Planning Proposal – 95 Morrison Avenue, Wombarra ................................ 7

Crown Street Mall Refurbishment.......................................................................... 8

Coledale Beach Reserve Plan of Management.................................................... 9

Notice of Motion

ITEM 1 Councillor Crasnich - Provision of Infrastructure for Crocker's Gym, Dandaloo Hotel Sporting Complex (CM261/11) .................................................. 10

Call of the Agenda .................................................................................................. 10

Office of the General Manager

ITEM 2 Inauguration of the Buddha Memorial Centre at FO Guang Shan in Kaoshiung, Taiwan (CM262/11) ............................................................................ 10

Corporate and Community Services Department

ITEM 3 Youth Consultation Options (CM281/11) .............................................................. 11

Planning and Environment Department

ITEM 4 Planning Proposal for Gleniffer Brae - Lot 3 DP 252694, Corner Murphys Avenue and Robsons Road, Keiraville (CM264/11) ............................. 11

Minutes of Ordinary Meeting of Council 12 December 2011

ITEM 5 Draft Planning Proposal - Huntley and Avondale Mine Colliery Site - Post Exhibition Report (CM265/11) ....................................................................... 14

ITEM 6 Planning Proposals to amend the Wollongong Local Environmental Plan (West Dapto) 2010 - Report on Submissions (CM266/11) .......................... 17

ITEM 7 West Dapto Release Area - Section 94 Development Contributions Plan - 2011 Minor Update - Report on Submissions (CM267/11) ....................... 19

ITEM 8 Planning Proposal for Lot 202 DP 1017684 (60 Smiths Lane, Wongawilli) and Lot 203 DP 1017684 (40 Wongawilli Road, Wongawilli) (CM268/11) ......................................................................................... 19

ITEM 9 Draft Planning Proposal for Warrigal Care at 208-212 Corrimal Street and 25 Beach Street, Wollongong (CM269/11) .................................................... 20

ITEM 10 Draft Planning Proposal - 95 Morrison Avenue, Wombarra - Report on Submissions (CM270/11).................................................................................. 22

Infrastructure and Works Department

ITEM 11 Crown Street Mall Refurbishment (CM271/11)..................................................... 24

ITEM 12 T11-17 Tender for Repairs and Installation of Cathodic Protection to Blue Divers Bridge over Towradgi Creek, Pioneer Road, Towradgi (CM272/11) ............................................................................................................. 27

ITEM 13 T11-19 Tender for Generator Contingency Upgrades - Administration Building (CM273/11)............................................................................................... 27

ITEM 14 West Dapto Initial Access Strategy - Project Update (CM274/11) ...................... 28

ITEM 15 Coledale Beach Reserve Plan of Management - Amendment 2011 ..................26

ITEM 16 Waples Road, Unanderra - Proposed Acquisition of Portion of Lot 36 DP 1075053 from Cedars Christian College (CM276/11) .................................... 28

ITEM 17 Cordeaux Road, Kembla Heights - Proposed Permanent Closure of Portion (CM277/11) ................................................................................................ 29

ITEM 18 Mt Keira Summit Park Kiosk/Restaurant - Proposed Amendment to the 2011 Generic Plan of Management for Community Land (CM278/11) ............................................................................................................. 29

ITEM 19 Keira Street, Wollongong - Proposed Acquisition of Property at Lot 1 DP 152048 (CM279/11) ......................................................................................... 30

ITEM 20 Minutes of the City of Wollongong Traffic Committee meeting held 23 November 2011 (CM280/11) ............................................................................ 30

Minutes of Ordinary Meeting of Council 12 December 2011

ITEM 21 Minutes of the City of Wollongong Traffic Committee meeting held 7 December 2011 (CM282/11) .............................................................................. 30

Seasons Greetings ................................................................................................. 31

Minutes of Ordinary Meeting of Council 12 December 2011

Petitions and Presentations

PETITION CALLING FOR CROWN STREET MALL TO BE REOPENED

TO TRAFFIC Councillor Blicavs tabled a petition submitted by Mr M Corban, which

had been signed by 222 local people, including residents and business owners, calling for Crown Street Mall to be reopened to traffic.

KEEP AUSTRALIA BEAUTIFUL CLEAN BEACHES 2011 AWARDS

Deputy Lord Mayor, Councillor David Brown, presented an award from the Keep Australia Beautiful Clean Beaches 2011 Awards. The Highly Commended award was won by Brighton Beach. Brighton Beach was awarded Illawarra’s best beach in the four categories of Community Partnership, Litter and Waste Management, Friendly Beach and Litter and overall Clean Beach, and then went forward to the state competition. There is only one Highly Commended award granted state-wide so this is a significant recognition of the work of Council staff in designing and completing the Blue Mile works and also recognises the staff and community groups that help keep the area presentable and safe.

Confirmation of Minutes

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF

COUNCIL HELD ON MONDAY, 28 NOVEMBER 2011

270 RESOLVED on the motion of Councillor Brown seconded Councillor Martin that the Minutes of the Ordinary Meeting of Council held on Monday, 28 November 2011 (a copy having been circulated to Councillors) be taken as read and confirmed.

Minutes of Ordinary Meeting of Council 12 December 2011

Public Access Forum

PLANNING PROPOSAL FOR GLENIFFER BRAE

Mr A Snell from the Conservatorium of Music advised that the Conservatorium is committed to the preservation of the heritage assets at Gleniffer Brae. The assets have been allowed to deteriorate and must be preserved for the community. Gleniffer Brae needs to continue with a purpose, not as a museum exhibit and for this reason, the Conservatorium strongly supports the proposal from the University of Wollongong (UOW). It provides a much-needed upgrade of Conservatorium facilities, making Wollongong the only Conservatorium in NSW with a purpose-built home. In addition, the site remains in public ownership and the heavy burden of maintenance is transferred to UOW for at least the next 25 years. The Conservatorium has been consulted at regular intervals by the University and it is confident that the new building will meet both current and future needs.

Mr Snell said that current facilities are unsuitable, old (to the point of disrepair) and too small. Students are being turned away, not because of a lack of teachers, but because there are no spare rooms. There is no performance space, no heating in winter and no air-conditioning in summer, and as well, the unisex toilets are a significant child-protection issue. If the UOW proposal is rejected Mr Snell said the Conservatorium will have to consider relocating from Gleniffer Brae in order to ensure its survival.

Mr K Tognetti said that there is much talk about involving the public in big decisions and yet there has been no public meeting on this matter since the election of the new Council. Mr Tognetti said that although the proposal may have merit there is still public confusion regarding details such as the size of the buildings, whether they blend in with the special character of the manor house and the long-term implications of leasing to the University.

Mr Tognetti said that Councillor Martin summed it up in the 9 December Illawarra Mercury article by asking that ‘there be conversation about whether this is the direction we want to go”. Mr Tognetti felt that it would be most unwise for Council to reclassify the land before making some attempt to allay the concerns of ratepayers.

Minutes of Ordinary Meeting of Council 12 December 2011

DRAFT PLANNING PROPOSAL – 95 MORRISON AVENUE,

WOMBARRA

Mr A Lester of NLA Architecture advised that the application to rezone the 1.2ha property from E3 to E4 began almost three years ago. Council’s recommendation to rezone only the southern portion of the property to E4 and specify a minimum lot size satisfies the intent of the original proposal by limiting subdivision to three lots and giving due consideration to issues raised as well as relevant planning controls.

Mr Lester said the proposal would satisfy various planning controls by utilising an existing cleared area of the site with flexible lots, at a density up to three times less than neighbouring development, and capable of dealing with site waste water, runoff and bushfire management. The use of this area for development also allows for the more heavily vegetated portion of the site to remain as E3. Geotechnical constraints and landslip reporting indicate that development on the southern portion of the site is feasible. The character and visual amenity of the area would not be adversely affected and a precedent for rezoning would not be set by the proposal as the merits of each submission would be assessed by Council and State Departments. Also site conditions, landscaping and future development would all be assessed against the relevant controls and development application guidelines.

Mr A Sarbutt said the proposal for 95 Morrison Ave Wombarra has differing views from specialist reports, and geological reports state that further investigation is required into the feasibility of being able to reduce a moderate to high risk of landslip to a low risk, with no guarantee of success. He stated that the works can easily have detrimental effects on adjoining properties. Mr Sarbutt asked Councillors to support Option 1 of the draft planning proposal for 95 Morrison Avenue, Wombarra and asked that there be no change to the current development standards. He felt that Council should retain the E3 Environmental Management and not permit any additional dwellings.

Minutes of Ordinary Meeting of Council 12 December 2011

CROWN STREET MALL REFURBISHMENT

Mr D Laing, Chair of the Illawarra Property Council, called on Councillors to commit public funding to the City Centre. However, he said that Council must ensure that the solution to revitalisation was evidence-based, incorporating the need to create greater economic opportunities for both existing and potential businesses, including new jobs, in addition to a better public realm for the people of greater Wollongong.

In light of the current report being solely about the current Crown Street Mall development application and exclusive of relevant economic data, the $250m plus of new commitment by the private sector and wider city planning relating to the revitalisation of Wollongong and its leadership of the region, the Property Council seeks to assist Council in gaining this information through expertise and visiting rejuvenated cities to assist Councillors in making an informed decision to lead this City to its full potential.

Mr F Bronneberg said that whilst applauding the support for the key principle of maintaining Crown Street as a pedestrian environment in the heart of the city, Neighbourhood Forum 5 reacted with extreme concern at the totally inadequate report from Council engineers recommending that the current design be built. The Forum did not believe an informed decision could be made on the basis of a report that appeared to be significantly deficient in a number of areas and the Forum considered that a further report detailing options, issues and funding was essential. The estimated cost shown in the report as $15 million is expected to be significantly higher, probably at least $20 million, after taking into account that items listed in an attachment to the report were not included. Also, Mr Bronneberg stated there is an unrealistic contract contingency compared to industry experiences and there have been reported blowouts in costs of some major Council projects of late. Issues not adequately discussed include funding sources, realistic alternative designs, opportunities foregone for other investment and relative costs and benefits given the scarcity of funds, particularly Section 94, as well as the marketing and social impact of downgrading the amphitheatre.

Minutes of Ordinary Meeting of Council 12 December 2011

COLEDALE BEACH RESERVE PLAN OF MANAGEMENT -

AMENDMENT 2011

Mr P Armstrong advised that the report recommending that the Plan of Management for Coledale Beach Reserve to permit structures to be built at Coledale Beach in an area designated as grassed reserve, is inadequate and should be refused. The proposed structure will be within the 50 year hazard line (where building is not permitted). No independent Heritage Impact statement has been provided and the facility is within the heritage curtilage of a listed item. He said the proposed structure will breach Council’s own view-sharing guidelines set down by the Land and Environment Court. The facility cannot be approved under the 2009 Local Environmental Plan. The proposed facility will be 1 to 1.25m higher than the temporary facility which itself is already higher than the boatshed (which Council is relying on as a precedent).

Mr Armstrong said the recommendation to allow structures in the grassed reserve is a cheap, ugly and convenient work-around that will permanently detract from the visual amenity of Coledale Beach. He said that he had no problem with the temporary facility remaining in place for say one more season to allow time to achieve the right result, ie that the existing surf club is extended or modified for functionality as per the 2004 Plan of Management and the area returned to grassed reserve.

271 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that -

1 The speakers be thanked for their presentations and invited to table their notes.

2 The Public Access Forum policy be included for consideration with Council’s deliberation of the Code of Meeting Practice.

Minutes of Ordinary Meeting of Council 12 December 2011

Notice of Motion

ITEM 1 - COUNCILLOR CRASNICH - PROVISION OF

INFRASTRUCTURE FOR CROCKER'S GYM, DANDALOO HOTEL

SPORTING COMPLEX

272 RESOLVED UNANIMOUSLY on the motion of Councillor Crasnich seconded Councillor Dorahy that Council consider funding infrastructure upgrades in the 2012 - 2013 budget for Crocker’s Gym located at the Dandaloo Hotel Sporting Complex, Kanahooka Road, Dapto, which runs a series of youth programs that are successful in helping adolescents in the area.

CALL OF THE AGENDA

273 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that the staff recommendations for Items 2, 7, 16, 20 and 21 be adopted as a block.

Office of the General Manager

ITEM 2 - INAUGURATION OF THE BUDDHA MEMORIAL CENTRE

AT FO GUANG SHAN IN KAOSHIUNG, TAIWAN

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 273).

COUNCIL’S RESOLUTION - The Lord Mayor be authorised to represent Council at the inauguration of the Buddha Memorial Centre at Fo Guang Shan Monastery in Kaoshiung Taiwan from 26 to 28 December 2011, noting that the Lord Mayor will be accompanied by the Lady Mayoress and all expenses surrounding the visit to Kaoshiung including airfares will be paid by the Fo Guang Shan Monastery.

Minutes of Ordinary Meeting of Council 12 December 2011

Corporate and Community Services

ITEM 3 - YOUTH CONSULTATION OPTIONS

274 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that Council endorse the implementation of the Wollongong City Council Engagement Strategy for Young People 2012-2013.

DISCLOSURE OF INTEREST

Councillor Takacs declared a pecuniary conflict of interest in Item 4 due to his employment at the University of Wollongong; he and his daughter are students of the Conservatorium of Music and he also has family who own property close to the site. Councillor Takacs vacated the Council Chambers during discussion and voting on Item 4.

DEPARTURE OF COUNCILLOR

During consideration of Item 4 and prior to voting on the item, Councillor Crasnich departed and returned to the meeting, the times being from 7.17 pm to 7.18 pm.

Planning and Environment Department

ITEM 4 - PLANNING PROPOSAL FOR GLENIFFER BRAE - LOT 3

DP 252694, CORNER MURPHYS AVENUE AND ROBSONS ROAD, KEIRAVILLE

275 MOVED Councillor Brown seconded Councillor Connor that -

1 A draft Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for Lot 3 DP 252694 corner of Murphys Avenue and Robsons Road, Keiraville, to amend the Wollongong Local Environmental Plan 2009 by:

Minutes of Ordinary Meeting of Council 12 December 2011

a) Reclassifying part of Lot 3 DP 252694 (as shown as proposed Lots 100 and 101 in Attachment 1 of the report) from Community Land to Operational Land and removal of any real or perceived trusts, caveats and interests from the land;

b) Rezoning part of Lot 3 DP 252694 (as shown as proposed Lot 100 in Attachment 1 of the report) from RE1 Public Recreation to SP2 Infrastructure — Education Establishment;

c) Amending Schedule 1 (Additional Permitted Uses) to include the following additional permitted uses with consent on that part of Lot 3 DP 252694 (i.e. proposed Lot 101) which is zoned RE1 Public Recreation: o Function Centre; o Educational Establishment;

d) Amending Part 7 (Local provisions-general) to include objectives and controls for the land which is proposed to be zoned SP2 Infrastructure — Education Establishment (i.e. proposed Lot 100) as follows:

Land Adjacent to Gleniffer Brae which is zoned SP2 – Education Establishment (1) The objectives of this clause are as follows:

(a) to permit the establishment of an educational facility that includes facilities for staff and students and associated support services, excluding student accommodation.

(b) to ensure that the development of the site is undertaken in a manner that demonstrates design of a high quality with respect to the context of the site, scale, built form and density of the development, resources, energy and water efficiency, landscape, amenity, safety and security, social dimensions and aesthetics.

(2) This clause applies to land adjacent to Gleniffer Brae which is zoned SP2 – Education Establishment and which comprises or formerly comprised part of Lot 3 DP 252694.

(3) Development consent must not be granted to development for the purposes of a building or buildings on land to which this clause applies if the combined gross floor area of the buildings would be greater than 10,000 square metres; and

Minutes of Ordinary Meeting of Council 12 December 2011

(4) Development consent must not be granted unless a design review panel has reviewed the proposed development.

e) Amending the Height Map to increase the maximum permissible height from 9m to 15m on the land zoned SP2 Infrastructure — Education Establishment (ie proposed Lot 100).

2 The design review panel will be tasked with ensuring the application demonstrates design excellence as described in Wollongong LEP 2009, clause 8.5 – local provisions, Wollongong City Centre, to the extent they can be applied to the site.

3 If endorsed, the draft Planning Proposal be exhibited in accordance with the Department’s Guidelines “Local Environmental Plans and Council Land’; for a minimum period of two (2) months.

4 A public hearing into the reclassification to be held during the exhibition period.

5 Any sale of Lot 100 to the University be subject to a clause that requires the University, if it wishes to sell the land, to sell it only to the Council and only at a price reflecting the original sale price, plus CPI, plus the value of improvements.

6 The proposed Lease of Lot 101 be for a term of 25 years and not include an option period.

7 The proposed lease of Lot 101 proceed only after a Memorandum of Understanding between the University and Council is agreed that permits public access within the Manor House at suitable open days.

An AMENDMENT was MOVED by Councillor Martin seconded Councillor Merrin that –

1 The matter of the planning proposal for reclassification, followed by rezoning, lease and partial sale of the heritage listed Gleniffer Brae and the Sorenson Garden property not proceed.

2 Council fully consult with the broader community, the Writers’ Centre, Conservatorium of Music, University of Wollongong, National Trust, the Historic Houses Trust and Museums and Galleries NSW and the community towards identifying other options for the future of Gleniffer Brae and the Paul Sorenson Gardens.

Minutes of Ordinary Meeting of Council 12 December 2011

3 A report be provided to Council by the end of March 2012 that provides options for the future of Gleniffer Brae and the Sorenson Gardens that match our vision for the City.

The AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Martin, Merrin, Curran, Petty and Bradbery

Against Councillors Connor, Brown, Blicavs, Dorahy, Colacino and Crasnich

The MOTION was PUT and CARRIED.

In favour Councillors Connor, Brown, Blicavs, Dorahy, Colacino and Crasnich

Against Councillors Martin, Merrin, Curran, Petty and Bradbery

ITEM 5 - DRAFT PLANNING PROPOSAL - HUNTLEY AND

AVONDALE MINE COLLIERY SITE - POST EXHIBITION REPORT

276 MOVED by Councillor Connor seconded Councillor Martin that -

1 A finalised Planning Proposal for part of the former Huntley and Avondale Colliery site be submitted to the NSW Department of Planning and Infrastructure for approval that:

a Rezones Lot 1 DP 549152 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation and R2 Low Density Residential;

b Rezones Lot 2 DP 549152 from 7(b) Environmental Protection Conservation and 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

c Rezones Lot 1 DP 382339 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation;

d Rezones Lot 1 DP 229358 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

e Rezones Lot 2 DP 229358 from RU2 Rural Landscape and E2 Environmental Conservation to RE2 Private Recreation,

Minutes of Ordinary Meeting of Council 12 December 2011

R2 Low Density Residential, and E2 Environmental Conservation;

f Rezones Lot 14 DP 3083 from E2 Environmental Conservation and RU2 Rural Landscape to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

g The R2 Low Density Residential zones have a floor space ratio of 0.5:1, minimum lot size of 450m² and maximum height limit of 9m (two (2) storey);

h The small R2 Low Density Residential zone area, located on the northern side of Avondale Road, have a floor space ratio of 0.75:1, minimum lot size of 300m² and maximum height limit of 9m (two (2) storey);

i The E4 Environmental Living zone have a floor space ratio of 0.3:1, minimum lot size of 1,500m² and maximum height limit of 9m (two (2) storey); and

j The Urban Release Area Map in the Wollongong Local Environmental Plan 2009 be amended to include the site, which will trigger the need for a Neighbourhood Plan and satisfactory arrangements for infrastructure provision.

2 A draft Neighbourhood Plan be prepared for inclusion in the Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area.

3 The West Dapto Release Area Section 94 Development Contributions Plan be updated to include the subject site.

4 A Vegetation Management Plan be developed as part of any future development application for residential development on the site.

An AMENDMENT was MOVED by Councillor Takacs seconded

Councillor Brown that -

1 A finalised Planning Proposal for part of the former Huntley and Avondale Colliery site be submitted to the NSW Department of Planning and Infrastructure for approval that:

a Rezones Lot 1 DP 549152 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation and R2 Low Density Residential;

b Rezones Lot 2 DP 549152 from 7(b) Environmental Protection Conservation and 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private

Minutes of Ordinary Meeting of Council 12 December 2011

Recreation, R2 Low Density Residential and E2 Environmental Conservation;

c Rezones Lot 1 DP 382339 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation;

d Rezones Lot 1 DP 229358 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential and E2 Environmental Conservation;

e Rezones Lot 2 DP 229358 from RU2 Rural Landscape and E2 Environmental Conservation to RE2 Private Recreation, R2 Low Density Residential and E2 Environmental Conservation and that development not endanger ecological communities;

f Rezones Lot 14 DP 3083 from E2 Environmental Conservation and RU2 Rural Landscape to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

g The R2 Low Density Residential zones have a floor space ratio of 0.5:1, minimum lot size of 450m² and maximum height limit of 9m (two (2) storey);

h The small R2 Low Density Residential zone area, located on the northern side of Avondale Road, have a floor space ratio of 0.75:1, minimum lot size of 300m² and maximum height limit of 9m (two (2) storey);

i The E4 Environmental Living zone have a floor space ratio of 0.3:1, minimum lot size of 1,500m² and maximum height limit of 9m (two (2) storey); and

j The Urban Release Area Map in the Wollongong Local Environmental Plan 2009 be amended to include the site, which will trigger the need for a Neighbourhood Plan and satisfactory arrangements for infrastructure provision.

k The E2 zones that already exist remain E2 and in addition, anything that is an Endangered Ecological Community also be rezoned E2.

2 A draft Neighbourhood Plan be prepared for inclusion in the Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area.

3 The West Dapto Release Area Section 94 Development Contributions Plan be updated to include the subject site.

Minutes of Ordinary Meeting of Council 12 December 2011

4 A Vegetation Management Plan be developed as part of any future development application for residential development on the site.

The AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Brown, Takacs, Merrin, Curran and Petty

Against Councillors Connor, Martin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

The MOTION was PUT and CARRIED.

In favour Councillors Brown, Connor, Martin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Takacs, Merrin, Curran and Petty

ADJOURNMENT OF MEETING

277 RESOLVED on the motion of Councillor Petty seconded Councillor Brown that the meeting adjourn for five minutes.

At this stage, the time 8.01 pm the meeting was adjourned. The meeting resumed at 8.06 pm.

ITEM 6 - PLANNING PROPOSALS TO AMEND THE WOLLONGONG LOCAL ENVIRONMENTAL PLAN (WEST DAPTO) 2010 - REPORT ON SUBMISSIONS

278 RESOLVED UNANIMOUSLY on the motion of Councillor Martin seconded Councillor Connor that the Planning Proposal be submitted to the NSW Department of Planning and Infrastructure to amend the Wollongong Local Environmental Plan (West Dapto) 2010 in the following manner:

a The Land Zoning Map be amended by:

i Rezoning Part Lot 1 DP 657171 and Part Lot 1 DP 1118463 to RE1 Public Recreation to reflect the proposed Darkes Road recreation area; and

ii Part of Lot 11 DP 229044 Hamilton Street be zoned IN2 Light Industrial and consequential amendments be made to the Floor Space Ratio Map and the Minimum Lot Size Map to

Minutes of Ordinary Meeting of Council 12 December 2011

show 0.5:1 and 4 hectares, respectively.

b The Lot Size Map be amended by:

i Reducing the minimum lot size for the R2 Low Density Residential zone and R3 Medium Density Residential zone from 450m² to 300m² within 300 metres of the Darkes Road and Bong Bong Town Centres; and

ii Increasing the minimum lot size for part Lot 14 DP 255284 from 450m² to 40 hectares.

c Schedule 5 Environmental Heritage be amended by:

i Deleting the listing for houses at 10 and 13 Marshall Street, Dapto;

ii Deleting the listing for “Glen Avon” House and Dairy;

iii Deleting the listing for Wongawilli Mine Railway behind Wongawilli Village on Lot 14 DP 255284;

iv Amending the significance of Dapto Railway Station and Dapto Station Master’s Residence from State to Local;

v Correcting the wording of “Morton Bay” Fig to “Moreton Bay” Fig for heritage items 6326, 6329 and 61020; and

vi Correcting the reference number for Wongawilli Community Hall.

d The Heritage Maps be amended by:

i Deleting 10 and 13 Marshall Street, Dapto;

ii Deleting “Glen Avon” House and Dairy;

iii Including the Dapto Station Master’s Residence and Dapto Railway Station;

iv Correcting the reference number for Wongawilli Mine Managers’ Cottage;

v Correcting the reference number for Coral Vale Kitchen; and

vi Correcting the reference number for Wongawilli Community Hall.

e The Land Acquisition Reservation Map be amended to indicate Council’s proposed acquisition of the following sites;

i Part Lot 562 DP 82327 between Wylie Road and Reddalls Road for a local road;

ii Various lots adjoining Darkes Road for local road widening;

iii Various lots adjoining West Dapto Road for local road

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widening;

iv Part Lot 2 DP 658275 and part Lots 7, 8 and 9 DP 33650 for local road widening of Iredell Road; and

iv Part Lot 1 DP 1118463 for local open space.

f Lots 1 and 2 DP 747729 Wongawilli Road, Wongawilli be rezoned to R2 Low Density Residential with a Floor Space Ratio of 0.5:1, height of 9m and a minimum lot size of 450m² (in accordance with NSW Department of Planning and Infrastructure direction).

g Clause 4.1 Minimum Subdivision Size be amended to enable residual land resulting from the subdivision of lots with a split zone to be excluded from the lot size calculations.

ITEM 7 - WEST DAPTO RELEASE AREA - SECTION 94

DEVELOPMENT CONTRIBUTIONS PLAN - 2011 MINOR UPDATE - REPORT ON SUBMISSIONS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 273).

COUNCIL’S RESOLUTON -

1 The West Dapto Release Area - Section 94 Development Contributions Plan (2011) (Attachment 2 of the report) be adopted with the minor amendments as outlined in the report.

2 The adoption of the Plan be notified in the local newspapers in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

ITEM 8 - PLANNING PROPOSAL FOR LOT 202 DP 1017684 (60

SMITHS LANE, WONGAWILLI) AND LOT 203 DP 1017684 (40

WONGAWILLI ROAD, WONGAWILLI)

279 RESOLVED UNANIMOUSLY on the motion of Councillor Martin seconded Councillor Curran that –

1 A draft Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for Lot 202 DP 1017684 (60 Smiths Lane, Wongawilli) and Lot 203 DP 1017684 (40 Wongawilli Road,

Minutes of Ordinary Meeting of Council 12 December 2011

Wongawilli), to amend the Wollongong Local Environmental Plan (West Dapto) 2010 by amending the Minimum Subdivision Lot Size Map from 39.99ha to:

i 0.99ha on land zoned E2 Environmental Conservation and part of E3 Environmental Management; and

ii 1,999m2 on part of the land zoned E3 Environmental Management (shown at attachment 4 of the report).

2 If endorsed, the draft Planning Proposal be exhibited in accordance with the NSW Department of Planning and Infrastructure’s guidelines for a minimum period of twenty-eight (28) days.

DISCLOSURE OF INTEREST

Manager Environmental Strategy and Planning, Ms R Campbell, declared a pecuniary conflict of interest in relation to Item 9 due to residing within 200 metres of the site. Ms Campbell advised that she has had no involvement in the assessment of the proposal and she vacated the Council Chambers during discussion of Item 9.

DEPARTURE OF COUNCILLOR

During consideration of Item 9 and prior to voting on the item, Councillor Colacino departed and returned to the meeting, the times being from 8.10 pm to 8.12 pm.

ITEM 9 - DRAFT PLANNING PROPOSAL FOR WARRIGAL CARE AT

208-212 CORRIMAL STREET AND 25 BEACH STREET, WOLLONGONG

MOVED Councillor Brown seconded Councillor Takacs that –

1 A draft Planning Proposal not be prepared for the Warrigal Care site at 208-212 Corrimal Street and 25 Beach Street Wollongong (Lots 35, 36 and 37 DP19969; Lots A, B and C DP401196 and Lot 38 DP19969).

2 A vision for the Wollongong south precinct bound by Ellen, Glebe,

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Corrimal, Swan and Auburn Streets be prepared in line with the Wollongong CBD Action Plan 2010 timeframe of 2013 -2014.

280 An AMENDMENT was MOVED by Councillor Blicavs seconded Councillor Curran that –

1 A draft Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for the Warrigal Care site at 208-212 Corrimal Street and 25 Beach Street, Wollongong (Lots 35, 36, 37 and 38 DP19969; Lots A, B and C DP401196) to amend the Wollongong Local Environmental Plan 2009 by –

a increasing the maximum building height limit from 9 metres to 32 metres; and

b increasing the floor space ratio from 0.5:1 to 1.5:1.

2 If endorsed, the draft Planning Proposal be exhibited for a minimum period of 28 days.

A FORESHADOWED AMENDMENT was MOVED by Councillor Dorahy seconded Councillor Crasnich that –

1 A draft Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for the Warrigal Care site at 208-212 Corrimal Street and 25 Beach Street, Wollongong (Lots 35, 36, 37 and 38 DP19969; Lots A, B and C DP401196) to amend the Wollongong Local Environmental Plan 2009 by –

a increasing the maximum building height limit to 21 metres; and

b increasing the floor space ratio from 0.5:1 to 1.5:1.

2 If endorsed, the draft Planning Proposal be exhibited for a minimum period of 28 days.

The AMENDMENT on being PUT to the VOTE was CARRIED.

In favour Councillors Blicavs, Dorahy, Colacino, Crasnich, Curran and Bradbery. The Lord Mayor used his Casting Vote in support of the Amendment.

Against Councillors Connor, Brown, Martin, Takacs, Merrin and Petty

Minutes of Ordinary Meeting of Council 12 December 2011

The AMENDMENT then BECAME the MOTION.

The FORESHADOWED AMENDMENT then BECAME the AMENDMENT.

The AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Dorahy, Crasnich and Curran

Against Councillors Connor, Brown, Martin, Takacs, Merrin, Blicavs, Colacino, Petty and Bradbery

The MOTION was PUT and CARRIED.

In favour Councillors Curran, Crasnich, Colacino, Dorahy, Blicavs and Bradbery

The Lord Mayor used his Casting Vote in support of the Motion.

Against Councillors Connor, Brown, Martin, Takacs, Merrin and Petty

DECLARATION OF INTEREST

Director Planning and Environment, Mr A Carfield, declared a pecuniary

conflict of interest in relation to Item 10 as he has a relative living in close proximity to the site. Mr Carfield advised that he has had no involvement in the assessment of the proposal and absented himself from the meeting during discussion and voting on the matter.

ITEM 10 - DRAFT PLANNING PROPOSAL - 95 MORRISON AVENUE,

WOMBARRA - REPORT ON SUBMISSIONS

MOVED Councillor Brown seconded Councillor Martin that a finalised Planning Proposal for part of 95 Morrison Avenue, Wombarra (Lot 1 DP 14039) be submitted to the NSW Department of Planning and Infrastructure for approval seeking amendment to the Wollongong Local Environmental Plan 2009 by:

1 Rezoning the southern portion of Lot 1 DP 14039 from E3 Environmental Management to E4 Environmental Living with a floor space ratio of 0.3:1, a minimum lot size of 3,000m2 and a

Minutes of Ordinary Meeting of Council 12 December 2011

maximum height limit of 9 metres (two (2) storeys); and

2 Amending the Natural Resource Sensitivity – Biodiversity Map to reflect the cleared nature of the southern portion of the site.

The MOTION on being PUT to the VOTE was LOST.

In favour Councillors Brown, Martin, Takacs and Blicavs

Against Councillors Connor, Merrin, Dorahy, Colacino, Crasnich, Curran, Petty and Bradbery

DECLARATION OF INTEREST

The Lord Mayor advised that he was previously the Minister at the

Church on the Mall, Crown Street, Wollongong. He occasionally conducts pastoral services retaining his membership and recognition as an ordained Minister of the Uniting Church in Australia. There is no stated position of “the Church on the Mall” and the Uniting Church in Australia (NSW Synod) Property Trust concerning the future of the Mall and lower Crown Street, configuration and planning proposals.

The Lord Mayor declared a non pecuniary conflict of interest that is less than significant and he remained in the Chambers during discussion and voting on Item 11. (Code of Conduct – Councillors (Clauses 7.11-7.17).

DEPARTURE OF COUNCILLORS

During consideration of Item 11 and prior to voting on the item,

Councillor Crasnich departed at 9.30 pm and returned to the meeting at 9.32 pm and Councillor Petty departed at 9.44 pm and returned to the meeting at 9.46 pm.

Minutes of Ordinary Meeting of Council 12 December 2011

EXTENSION OF MEETING TIME

281 RESOLVED on the motion of Councillor Petty seconded Councillor Dorahy that the meeting time be extended by 30 minutes.

EXTENSION OF TIME TO ADDRESS MEETING - ITEM 11

282 RESOLVED on the motion of Councillor Martin seconded

Councillor Curran that Councillor Brown be granted an extension of time to address the meeting.

283 RESOLVED on the motion of Councillor Brown seconded Councillor Martin that Councillor Blicavs be granted an extension of time to address the meeting.

284 RESOLVED on the motion of Councillor Brown seconded Councillor Blicavs that Councillor Dorahy be granted an extension of time to address the meeting.

285 RESOLVED on the motion of Councillor Brown seconded Councillor Connor that Councillor Merrin be granted an extension of time to address the meeting.

Infrastructure and Works Department

ITEM 11 - CROWN STREET MALL REFURBISHMENT

286 MOVED Councillor Brown seconded Councillor Martin that -

1 The design for the Crown Street Mall refurbishment, prepared by the Government Architect's Office, be adopted

2 The Joint Regional Planning Panel be requested to determine the current development application.

3 A briefing be held for Councillors that gives options, via either an amendment to the development application, a new development application or condition variations that do not delay progress of the adopted design, to review: the type of seating, the children’s water-

Minutes of Ordinary Meeting of Council 12 December 2011

play area, additional children’s play areas, tree species, lighting configuration, options for public art (including film and performance art), options for rain protection for pedestrians.

4 A report come back to Council that identifies options to fast-track de-cluttering parts of the mall by removal of structures, such as plant boxes, that can occur at reasonable cost and without delaying progress of the adopted design.

5 A report be presented to Councillors for options to provide public toilets and water bubblers in the CBD.

6 An annual program of events to be held in the revamped Mall be presented to Councillors for review in conjunction with annual budget deliberations.

7 A report come back to Council on the feasibility of creating a true Town Square by considering a future extension one block to the east.

8 A report be submitted on including a cycleway through the centre of the Mall as part of a ‘station to the sea’ active transport link.

An AMENDMENT was MOVED by Councillor Blicavs seconded Councillor Crasnich that -

1 Council commit to the redevelopment of Crown Street Mall as part of the Revitalisation of the City Centre with works commencing in February 2013.

2 The current plans for the western end of the Mall, between Keira Street and Church Street become Stage 1 of works.

3 A Committee be formed of Councillors and relevant Council Officers to review the plans for Stage 2, the eastern end of the Mall from Church Street to Kembla Street, with a view to workshopping and investigating options not previously considered.

4 Further research be undertaken into how the Mall can better complement the operations of the CBD and the economic impacts of the GPT development proceeding and UOW students residing in the City Centre.

5 This Committee report back on workshop results and research findings in the first quarter of 2012 with a plan for Stage 2 of the Mall redevelopment.

6 After some minor design adjustments, to be determined by the Committee, Stage 1 be submitted to the Joint Regional Planning Panel in early 2012.

Minutes of Ordinary Meeting of Council 12 December 2011

A FORESHADOWED AMENDMENT was MOVED by Councillor Curran seconded Councillor Crasnich that –

1 The item be deferred until the February 2012 Council meeting.

2 Interested people meet at a suitable time and venue, such as the Mall.

The AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Blicavs, Dorahy, Colacino, Crasnich and Curran Against Councillors Connor, Brown, Martin, Takacs, Merrin, Petty and Bradbery

The FORESHADOWED AMENDMENT then BECAME the AMENDMENT. The AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Curran and Crasnich Against Councillors Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy,

Colacino, Petty and Bradbery The MOTION was PUT and CARRIED.

In favour Councillors Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Curran and Petty

SUSPENSION OF STANDING ORDERS

287 RESOLVED on the motion of Councillor Brown seconded Councillor Connor that Item 15 be considered as the next item of business under Suspension of Standing Orders.

ITEM 15 - COLEDALE BEACH RESERVE PLAN OF MANAGEMENT -

AMENDMENT 2011

288 RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Blicavs that Council defer this matter until a report is received that addresses options for the refurbishment of the Coledale Surf Clubhouse to meet public safety and WorkCover requirements.

Minutes of Ordinary Meeting of Council 12 December 2011

Standing Orders were resumed

ITEM 12 - T11-17 TENDER FOR REPAIRS AND INSTALLATION OF

CATHODIC PROTECTION TO BLUE DIVERS BRIDGE OVER TOWRADGI CREEK, PIONEER ROAD, TOWRADGI

289 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Marine & Civil Maintenance Pty Ltd for the provision of repair of structural defects and the design, installation and commissioning of an Impressed Current Cathodic Protection system to concrete bridge over Towradgi Creek, Pioneer Road, Towradgi in the sum of $427,685 excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

ITEM 13 - T11-19 TENDER FOR GENERATOR CONTINGENCY

UPGRADES - ADMINISTRATION BUILDING

290 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Dorahy that –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Stowe Australia for Generator Contingency Upgrades Administration Building, in the sum of $171,990 excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

Minutes of Ordinary Meeting of Council 12 December 2011

ITEM 14 - WEST DAPTO INITIAL ACCESS STRATEGY - PROJECT

UPDATE

291 RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Crasnich that –

1 The update on implementation of the Initial Access Strategy be noted.

2 A reassessment be undertaken of key locations along the South Coast railway line in West Dapto to determine the optimum transport access points and their sequencing.

3 A Committee of the Lord Mayor and all Ward 3 Councillors be established to oversee the development of a preferred access strategy south of Bong Bong Road.

4 A taskforce be established of State Government Agencies and Council to finalise and coordinate the infrastructure delivery for the West Dapto Release.

ITEM 15 - COLEDALE BEACH RESERVE PLAN OF MANAGEMENT - AMENDMENT 2011

This Item was considered under Suspension of Standing Orders (refer Minute numbers 287 and 288).

ITEM 16 - WAPLES ROAD, UNANDERRA - PROPOSED ACQUISITION OF

PORTION OF LOT 36 DP 1075053 FROM CEDARS CHRISTIAN COLLEGE

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 273).

COUNCIL’S RESOLUTION -

1 Council authorise the acquisition of the portion of Lot 36 DP 1075053 Waples Road, Unanderra, as shown shaded on Attachment 1 of the report, for an amount of $1,500 (GST exc) and upon acquisition, the land be dedicated as public road.

2 Authority be granted to affix the Common Seal of Council to the transfer document and to any other documents required to give effect to this resolution.

Minutes of Ordinary Meeting of Council 12 December 2011

ITEM 17 - CORDEAUX ROAD, KEMBLA HEIGHTS - PROPOSED

PERMANENT CLOSURE OF PORTION

292 RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Brown that this matter be deferred to the Council meeting on 30 January 2012 so that further discussions can be undertaken with Fire Services.

DEPARTURE OF COUNCILLOR

During consideration of Item 18, the time being 10.08 pm, Councillor Colacino departed the meeting.

ITEM 18 - MT KEIRA SUMMIT PARK KIOSK / RESTAURANT - PROPOSED

AMENDMENT TO THE 2011 GENERIC PLAN OF MANAGEMENT FOR

COMMUNITY LAND

293 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that –

1 Council authorise the public exhibition of the proposed amendment to the 2011 Generic Plan of Management (Attachment 1 of the report) under the Local Government Act 1993 Community Land Provisions.

2 After the required 42 day exhibition/submission period and after the holding of a public hearing chaired by an independent chairperson, a further report be submitted to Council.

RETURN OF COUNCILLOR

Following voting on Item 18, the time being 10.13 pm, Councillor Colacino returned to the meeting.

Minutes of Ordinary Meeting of Council 12 December 2011

ITEM 19 - KEIRA STREET, WOLLONGONG - PROPOSED ACQUISITION

OF PROPERTY AT LOT 1 DP 152048

294 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Curran that –

1 Council acquire Lot 1 DP 152048, located at 275 Keira Street, Wollongong, for the amount of $880,000 (GST exclusive).

2 Upon acquisition, the land be classified Community Land under the Local Government Act 1993

3 Council be responsible for the vendor’s reasonable legal and valuation fees.

4 Authority be granted to affix the Common Seal of Council to the contract for sale associated with this transfer.

ITEM 20 - MINUTES OF THE CITY OF WOLLONGONG TRAFFIC

COMMITTEE MEETING HELD 23 NOVEMBER 2011

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 273).

COUNCIL’S RESOLUTION - In accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee held 23 November 2011 in relation to Regulation of Traffic, be adopted.

ITEM 21 - MINUTES OF THE CITY OF WOLLONGONG TRAFFIC

COMMITTEE MEETING HELD 7 DECEMBER 2011

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 273).

COUNCIL’S RESOLUTION - In accordance with the powers delegated to Council, the minutes and recommendations of the special electronic meeting of the City of Wollongong Traffic Committee held 7 December 2011 in relation to Regulation of Traffic, be adopted.

Minutes of Ordinary Meeting of Council 12 December 2011

SEASONS GREETINGS

The Lord Mayor extended his best wishes for a great Christmas and he hoped that the day was both meaningful and happy.

THE MEETING CONCLUDED AT 10.15 PM. Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 30 January 2012.

Chairperson

Ordinary Meeting of Council 30 January 2012 1

REF: CM11/12 File: CO-910.05.01.012

ITEM 1 NOTICE OF MOTION - COUNCILLOR BLICAVS - UNANDERRA RAILWAY STATION

Councillor Blicavs has submitted the following Notice of Motion –

“I formally move that Council make formal representations to the NSW State Government and Minister for Transport calling for the prioritisation of the railway station upgrade at Unanderra, particularly the installation of a lift for the many elderly and disabled in the surrounding suburbs.”

Ordinary Meeting of Council 30 January 2012 2

REF: CM12/12 File: CO-910.05.01.006

ITEM 2 NOTICE OF MOTION - COUNCILLOR MERRIN - ROAD FREIGHT HAULAGE

Councillor Merrin has submitted the following Notice of Motion – “I formally move that: 1 Council staff prepare a report on bulk haulage of commodities on roads and

highways within Wollongong, including the cost to Council and residents of road maintenance resulting from the number of freight trucks, and measures to improve haulage of freight by rail.

2 Council actively support completion of the Maldon Dombarton rail link, including

publication of a report updating its 1988 report ‘Resumption of Work on the Maldon Dombarton Railway’.

3 Council take an active role in ensuring that all consent conditions for all heavy

trucks are complied with. This includes the consent conditions lifting the curfew and allowing more coal and grain trucks.

4 Council lodge a late submission re the Bass Point Quarry Project and request

that the assessment process include Public Hearings.”

Background provided by Councillor Merrin

There have been a large number of approvals to increase the road haulage of freight throughout Wollongong in recent years, with the resulting wear and tear on road infrastructure, traffic congestion, air quality impacts and road safety problems.

Ordinary Meeting of Council 30 January 2012 3

REF: CM1/12 File: ESP-100.01.006

ITEM 3 NOTICE OF RESCISSION - COUNCILLORS MERRIN, TAKACS AND CURRAN - PLANNING PROPOSAL - HUNTLEY AND AVONDALE MINE COLLIERY SITE - POST EXHIBITION REPORT

Councillors Merrin, Takacs and Curran have submitted the following Notice of Rescission –

“We the undersigned Councillors hereby give notice that we wish to move rescission of Council’s resolution of 12 December 2011 Minute No 276 – relating to Item 5 of Council General Business – Draft Planning Proposal - Huntley and Avondale Mine Colliery Site - Post Exhibition Report.”

Included amongst the reasons for this are: 1 The contravention of our obligations to the principles of Environmentally

Sustainable Development as enshrined in NSW law, including the Local Government Act (*see below extract from LGSA NSW 2002);

2 The precedent that this decision sets, of zoning for residential development

large areas of Endangered Ecological Communities listed under the Threatened Species Conservation Act; and zoning to enable a Key Threatening Process, the ‘clearing of native vegetation’, in those communities;

3 The decision contradicts the following local, regional, state, national and

international policies, agreements and strategies aimed at protecting Australia’s biodiversity:

a Council’s own Sustainability Policy and Biodiversity Strategy, Illawarra

Escarpment Plan of Management, West Dapto land release plan, and the recently drafted Community Vision arising from extensive community consultation;

b The Illawarra Regional Strategy, the NSW Biodiversity Strategy, the State

Government’s Planning Guide for NSW Local government; c National Strategy for Ecologically Sustainable Development, Australia’s

Biodiversity Conservation Strategy 2010-2030, Australian Government’s Biodiversity Toolbox, the Intergovernmental Agreement on the Environment, and the UN Convention on Biological diversity.

4 The precedent that this decision sets, of bypassing the concerns of State government agencies in relation to the conservation of biodiversity;

Ordinary Meeting of Council 30 January 2012 4

5 The stated need by a number of Councillors following the meeting, for more information on the site’s biodiversity values, the impact of the zoning on those values, and the exact location of the site within the Illawarra Escarpment Zone, to enable those Councillors to make a well-informed decision.

6 The need for a clear agreement on the dedication of any land for conservation

purposes. Any land to be dedicated to be defined, mapped and an agreement to be in place between the landowner and Council, prior to any rezoning.

7 The need for full disclosure to Councillors of the history of political donations

and political advocacy over recent years, in relation to the history of rezoning applications and decisions on those applications.

* Extract from: LGSA NSW (September 2002) Ecologically Sustainable Development (ESD) Information Guide for Local Councils, p8 The Local Government Act 1993 (as amended 1997) - “The first stated purpose of the NSW Local Government Act (Section 7a) is “to provide the legal framework for an effective, efficient, environmentally responsible open system of local government in NSW”. Another stated purpose of the Act (Section 7e) is to “require Councils, Councillors and Council employees to have regard to the principles of ecologically sustainable development in carrying out their responsibilities. The Local Government Act 1993 (as amended 1997) (Section 8) sets out the charter of a local Council in NSW and includes the requirement for a Council to “properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible in a manner which is consistent with and promotes the principles of Ecologically Sustainable Development” and “have regard to the long term and cumulative effect of its decisions”. So taking into account the principles of ESD is a legal requirement for all Councils under the Local Government Act. One of the stated objectives of the Environmental Planning and Assessment Act (1979) is also “to encourage Ecologically Sustainable Development”. By inference, therefore, planning instruments which are developed under this Act should be founded on the principles of ESD.”

Ordinary Meeting of Council 30 January 2012 5

Council’s decision in this matter is as follows: Minute Number 276

“1 A finalised Planning Proposal for part of the former Huntley and Avondale Colliery site be submitted to the NSW Department of Planning and Infrastructure for approval, that:

a Rezones Lot 1 DP 549152 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation and R2 Low Density Residential;

b Rezones Lot 2 DP 549152 from 7(b) Environmental Protection Conservation and 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

c Rezones Lot 1 DP 382339 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation;

d Rezones Lot 1 DP 229358 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

e Rezones Lot 2 DP 229358 from RU2 Rural Landscape and E2 Environmental Conservation to RE2 Private Recreation, R2 Low Density Residential, and E2 Environmental Conservation;

f Rezones Lot 14 DP 3083 from E2 Environmental Conservation and RU2 Rural Landscape to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

g The R2 Low Density Residential zones have a floor space ratio of 0.5:1, minimum lot size of 450m² and maximum height limit of 9m (two (2) storey);

h The small R2 Low Density Residential zone area, located on the northern side of Avondale Road, have a floor space ratio of 0.75:1, minimum lot size of 300m² and maximum height limit of 9m (two (2) storey);

i The E4 Environmental Living zone have a floor space ratio of 0.3:1, minimum lot size of 1,500m² and maximum height limit of 9m (two (2) storey); and

j The Urban Release Area Map in the Wollongong Local Environmental Plan 2009 be amended to include the site, which will trigger the need for a Neighbourhood Plan and satisfactory arrangements for infrastructure provision.

2 A draft Neighbourhood Plan be prepared for inclusion in the Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area.

3 The West Dapto Release Area Section 94 Development Contributions Plan be

Ordinary Meeting of Council 30 January 2012 6

updated to include the subject site.

4 A Vegetation Management Plan be developed as part of any future development application for residential development on the site.”

Should the Rescission Motion be successful, Councillor Merrin has indicated that she intends to formally move the following motion: 1 The planning proposal for part of the former Huntley and Avondale Colliery site be

rejected on the grounds of the considerable evidence referred to below and not addressed in subsequent planning reports;

2 All areas of the site identified as high conservation value, those containing

Endangered Ecological Communities, significant native vegetation, regional habitat corridors or other indicative habitat corridors, be zoned E2 Environmental Conservation;

3 No areas of native vegetation be cleared for Bushfire Asset Protection Zones

(APZs). APZs be contained in cleared or modified land; 4 Any dedication of land to the State of NSW for conservation management be

defined, mapped and agreed prior to any rezoning. Background Information provided by Councillor Merrin: a) The 2011 Australian State of the Environment Report finds that pressures on our

biodiversity are not being reduced, nor is the decline in biodiversity being arrested or reversed. The major driver of biodiversity decline is the clearing of native vegetation.

b) This proposal’s major impact on biodiversity values is inconsistent with Council’s

legal obligations towards Environmentally Sustainable Development, Council’s own Sustainability Policy and Biodiversity Strategy, and Council’s Illawarra Escarpment Strategic Management Plan.

c) The proposal is opposed by the Department of Premier and Cabinet, Office of

Environment and Heritage (OEH), on the grounds of:

• the proposal is inconsistent with Department of Planning’s Direction to Councils No 13 – Environmental Protection Zones, which allows a change to environmental zonings only where identified in a strategy approved by the Director-General, or is justified by an environmental study, or is in accordance with the Regional Strategy, or is of minor significance according to the Director-General;

Ordinary Meeting of Council 30 January 2012 7

• the proposal is inconsistent with the Illawarra Regional Strategy, that ‘LEPs are to maximise protection of significant native vegetation, .. development proposals in these areas will protect biodiversity values including the retention of native vegetation and rehabilitation of disturbed areas.’

• the site’s high environmental values and the significant impact on the

Endangered Ecological Communities (EECs) ‘Illawarra Lowland Grassy Woodland’ and ‘Illawarra Subtropical Rainforest’;

• the proposal does not ‘improve or maintain biodiversity values’; • the lack of information and planning for riparian corridors of sufficient width to

protect the high quality watercourses throughout the site; • the proposal is inconsistent with the protection of significant native

vegetation and regional biodiversity corridors, as recommended by a number of strategic planning documents;

• compensatory measures should only be considered where ‘impacts cannot

be avoided or mitigated’, and only if there are effective measures available for that species - there are no documented effective measures available for these EECs;

• the lack of information about and consideration of Aboriginal heritage.

d) The proposal is opposed by the Southern Rivers Catchment Management Authority on the grounds of incorrect information supplied on the extent of native vegetation clearing and the definition of high value vegetation types; the significant loss of areas of an EEC; lack of information about proposed offsets; and incorrect information about the location of bushfire Asset Protection Zones.

e) The proposal is opposed by the Department of Trade and Investment on the

grounds that it bypasses the orderly development planned in the West Dapto LEP, and is inconsistent with the Illawarra Regional Strategy which identifies areas of the site for rural and agricultural lands as prime agricultural land, ‘considering the importance of those lands for food production’.

f) The Rural Fire Service advises Council to limit or exclude development in areas

where ‘required bush fire protection measure would incur significant environmental costs’. As stated, the Department of Premier and Cabinet has identified significant environmental costs would result from the proposal.

g) The National Parks Association and National Trust of Australia oppose the

proposal on the grounds of impact on biodiversity and Escarpment conservation

Ordinary Meeting of Council 30 January 2012 8

and its inconsistency with regional planning blueprints such as the West Dapto LEP and the Illawarra Regional Strategy.

h) There have been significant political donations from the proponent since the

proposal was submitted, which have not been declared to Councillors as part of the planning proposal or planning report.

Attachments

Item 5 Council Meeting 12 December 2011 – Draft Planning Proposal – Huntley and Avondale Mine Colliery Site – Post Exhibition Report

Ordinary Meeting of Council 30 January 2012 9

REF: CM2/12 File: IW-913.05.003

ITEM 4 ENDORSEMENT OF WASTE AND RE SOURCE REC OVERY STRATEG Y 2012-2022 FOR PUBLIC CONSULTATION

The Waste and Resource Recovery Strategy 2012–2022 is a framework for Council and the community to make the transition to sustainable waste management. The main themes for the strategy are:

• Minimise waste to landfill

• Maximise the recovery of resources

• Maximise landfill life

• Value and protect the environment

• Minimise climate change impacts.

Supporting measures will include community and stakeholder engagement; the development of policy and pricing models; the enhancement and facilitation of community education programs; and the establishment of strategic partnerships with relevant organisations.

Recommendation

1 Council endorse the Waste and Resource Recovery Strategy 2012-2022 for public consultation.

2 A further report to be submitted to Council following public consultation.

Attachments

Waste and Resource Recovery Strategy 2012-2022

Report Authorisations

Report of: Kalyan Mondal, Manager City Works Authorised by: John Shepherd, Director Infrastructure and Works (Acting)

Background

The Waste and Resource Recovery Strategy proposes a staged approach to Waste and Resource Management. The Strategy details actions and focus areas to improve on current services; tender for new collection and processing of domestic waste contracts; and ensure landfill space in the future.

Ordinary Meeting of Council 30 January 2012 10

The Waste and Resource Recovery Strategy reviews the internal and external factors influencing Council’s performance in waste management. It also reviews current performance and trends in relation to diverting waste from landfills.

Council staff will then review existing and new Alternative Waste Technologies (AWT) and provide a recommendation on the most suitable AWT process to Council within the next two years to further assist in waste diversion.

Proposal

Council endorse the attached Waste and Resource Recovery Strategy 2012–2022 for public consultation. A further report will be submitted to Council detailing the community feedback following the consultation period, with recommendations on any appropriate improvements/amendments.

Consultation and Communication

The development of the Waste and Resource Recovery Strategy 2012–2022 involved consultation with several internal and external stakeholders and subject matter experts.

The Waste and Resource Recovery Strategy 2012–2022 was developed with the assistance of Phil Hawley and Associates and refined by Council’s Waste Services section, in consultation with Golder and Associates, ensuring consistency with the Environmental Assessment for the proposed new landfill cells at Whytes Gully due for submission in February 2012.

In addition, specific divisions within Council were consulted, including City Planning, Environmental Strategy and Planning and Finance Divisions.

Planning and Policy Impact

This Strategy will establish a framework for Council and the community to move towards sustainable Waste Management.

Risk Assessment

Endorsement of the Strategy is necessary for the progression of Council’s new Landfill Cells at Whytes Gully and to proceed with the implementation of a sustainable Waste Management approach for Wollongong.

Financial Implications

The financial implications will be considered for each action within the Waste and Resource Recovery Strategy 2012–2022 individually. A long term financial model will be developed to ensure the provision for waste services is in line with the Waste and Resource Recovery Strategy.

Ordinary Meeting of Council 30 January 2012 11

Conclusion

The endorsement of the Waste and Resource Recovery Strategy 2012–2022 will provide the framework to guide Council’s Waste Management initiatives and allow for its inclusion in the Environmental Assessment for the Whytes Gully New Landfill Cell Project.

Ordinary Meeting of Council 30 January 2012 12

REF: CM3/12 File: IW-300.030

ITEM 5 AMENDMENTS TO 2011/12 FEES AND CHARGES - WASTE SERVICES

On 14 November 2011, Council resolved that the Waste Services revised 2011/2012 fees and charges be placed on public exhibition for 28 days, and that a further report be submitted to Council following public exhibition.

This report is submitted following the public exhibition of the revised 2011/2012 Waste Service Fees and Charges. No community comment was received during the 28 day public exhibition period. There are no further changes to the 2011/2012 Waste Services Fees and Charges.

Recommendation

Council endorse the amended 2011/12 Waste Services Fees and Charges.

Attachments

Amendments to 2011/12 Fees and Charges – Waste Services.

Report Authorisations

Report of: Kalyan Mondal, Manager City Works Authorised by: John Shepherd, Director Infrastructure and Works (Acting)

Background

The 2011/2012 Waste Services Fees and Charges were amended to accommodate changes related to an administrative fee to change bin size, and to correct minimum weight charges. The amended fees were placed on public exhibition for community consultation and comment. In regard to the fee to change bin size, Council provides residents with an opportunity to change their garbage bin size free of charge during February each year. For immediate changes during the year an administrative fee of $60 applies. This charge was omitted from Council’s current fees and charges.

Proposal

Endorse the amended 2011/12 Waste Services Fees and Charges.

Consultation and Communication

The amended 2011/12 Waste Services Fees and Charges were placed on public exhibition for 28 days.

Ordinary Meeting of Council 30 January 2012 13

Conclusion

The amended 2011/12 Waste Services Fees and Charges were placed on public exhibition. During this period no feedback was received. There are no further changes to the 2011/12 Waste Services Fees and Charges.

Ordinary Meeting of Council 30 January 2012 14

REF: CM4/12 File: FI-230.01.018

ITEM 6 T10/22 - FIRE SERVICES TENDER

This report recommends acceptance of a tender for Fire Services in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. This tender was formed to establish a service agreement contract to provide Fire Services to Council’s key buildings.

Four tenders were received and the report recommends Council accept the tender submitted by Chubb Fire & Security.

Recommendation

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Chubb Fire & Security for Fire Services, in the sum of $89,830 per annum, excluding GST, for a three year term with the option to extend for a further three years.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

Attachments

There are no attachments for this report.

Report Authorisations

Report of: Kalyan Mondal, Manager City Works Authorised by: John Shepherd, Director Infrastructure and Works (Acting)

Background

Of the 200 Council owned buildings with installed fire protection systems, the maintenance and statutory compliance activities of the fire protection systems in 30 buildings were previously carried out by Council’s City Works Division and various external service providers under individual contracts. This resulted in substantial contracts administration costs, as well as delays and inconsistencies in the implementation of statutory compliance activities. In order to reduce the costs of contracts administration and mitigate the risks associated with the statutory compliance, tenders were invited based on the specifications prepared by Council.

Ordinary Meeting of Council 30 January 2012 15

Tenders were invited by the open tender method with a close of tenders of 10.00am on Tuesday 29 November 2011.

Four tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the City Works Division, Corporate & Community Services Division and key stakeholders involving tenanted buildings.

The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria as set out in the formal tender documents:

Mandatory Criteria • Referees; • Financial Capacity – tenderers may be required to provide the information

required by an independent financial assessment provider engaged by Council to provide an assessment of the financial capacity of the tenderer;

• Demonstrated OH&S Management System. Assessable Criteria and Weightings

• Cost to Council - 50%; • Demonstrated strengthening of local economic capacity - 5%; • Demonstrated experience and satisfactory performance in undertaking projects

of similar size and scope - 25%; • Staff qualifications and experience with Council sites - 10%; • Electronic Data Inventory and Record Managing Systems, eg Pronto or similar -

10%.

The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria, as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

Table 1 – Summary of Tender Assessment – Per Annum Cost

TENDERER SCORE RANKING

Chubb Fire & Security 4.52 1

Remac Fire 4.45 2

Wormald Fire 4.13 3

National Fire Solutions 3.88 4

Ordinary Meeting of Council 30 January 2012 16

Proposal

Council authorise the engagement of Chubb Fire & Security to carry out the Fire Services in accordance with the scope of works and technical specifications developed for the project.

The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

Consultation and Communication

1 Members of the Tender Assessment Panel consisting of representatives from the City Works Division, Corporate & Community Services Division and key stakeholders involving tenanted buildings.

2 Nominated Referees

Company Name Contact Person

University of Wollongong Manager of Energy/ Maintenance

Shoalhaven City Council Facilities & Assets Manager

Martin, Morris & Jones Department Manager - Commercial Property

3 External Consultants – Nil

Risk Assessment

The risk in accepting the recommendation of this report is considered low based on the following:

This tender process has fully complied with Council’s tendering procedures and the Local Government Act 1993;

The recommended tenderer, Chubb Fire & Security, has successfully completed a number of projects of similar size and scope for Council.

Financial Implications

It is proposed that the total project be funded from the following source/s as identified in the Management Plan:

Ordinary Meeting of Council 30 January 2012 17

Commercial Buildings Maintenance – 5712 1374 0002 $9,813.27

Non Commercial Buildings Maintenance – 5713 1374 0002 $52,994.47

Administration Building Maintenance – 4540 1374 0002 $18,553.83

Tourist Park 1 Maintenance – 3270 1374 0002 $3,785.04

Tourist Park 2 Maintenance – 3330 1374 0002 $2,438.8

Tourist Park 3 Maintenance – 3300 1374 0002 $2,244.7

TOTAL $89,830.11

Conclusion

Chubb Fire & Security has submitted an acceptable tender to carry out the Fire Services. Council should endorse the recommendations of this report.

Ordinary Meeting of Council 30 January 2012 18

REF: CM5/12 File: IW-175.05

ITEM 7 ALLOCATION OF FUNDS FROM PERMANENT ROAD CLOSURES

At its meeting of 10 October 2011, Council requested a further report on where the funds from the sale of roads are allocated and how Council might address proceeds of such sales in the future.

This report provides that information.

Recommendation

The report be received.

Attachments

There are no attachments to this report.

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

Background

At its meeting of 10 October 2011, Council approved the permanent road closure and sale of a pathway in Mangerton and resolved that the proceeds from the sale of the land be placed in a reserve fund for improvement works on Mangerton Park.

However, Section 43(4) of the Roads Act 1993 states that “Money received by a council from the proceeds of sale of the land (ie former public road) is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads”.

In addition, Part 5 of the Council resolution of 10 October 2011 requested that a report be received on where such funds from the sale of such roads are allocated and how Council might address proceeds of sales in the future.

Historically, Council has held proceeds from the sale of land as internally restricted asset. These funds have been held as part of the Community Infrastructure Fund Restricted Asset. The objective of this fund was to accumulate surplus profits from property development and land sales to finance the development of land within the city, fund income producing activities that were supported by a business case and specific capital works as determined by Council resolution. This fund has technically been in deficit (overspent) for the last two years due to the timing of a number of planned land sales. The intent has been that as these land sales occurred, the fund would be replenished, and that the purpose and operation of this restriction would be reviewed as

Ordinary Meeting of Council 30 January 2012 19

part of the ongoing updating of Council’s financial practices and long term financial strategies.

The most recent comprehensive review of internal restrictions was undertaken in March 2009 with Council resolving to rationalise a number of internally restricted assets. This approach was consistent with the introduction of improved management of capital works through a centralised process and a longer term planning focus. It is proposed that the treatment of land sales proceed and use of restricted assets be reviewed as part of the implementation of the Integrated Planning and Reporting and development of the supporting Financial Strategy through this process.

It is considered that to date, Council has met the requirements of Section 43(4) of the Roads Act as the value of proceeds of sale of the land that was formerly a public road has been far exceeded by funds expended on roadwork.

Conclusion The Roads Act 1993 precludes Council from using proceeds from the sale of land that is road reserve on anything other than purchase of land for roads or carrying out road works on public roads. Accordingly, Part 4 of Council’s resolution of 10 October 2011 cannot be implemented. Council needs to be able to properly account for those monies.

Ordinary Meeting of Council 30 January 2012 20

REF: CM6/12 File: iw-005.01.013

ITEM 8 PROPOSED COMPUL SORY A CQUISITION OF LOT 157 DP 1165973 REDDALLS RO AD, KEMB LA GRANGE FOR ADDITION TO WHYTE S GULLY WASTE DISPOSAL DEPOT

Since 1983, Lot 157 DP 1165973 Reddalls Road, Kembla Grange has been occupied and used by Council as part of the Whytes Gully Waste Disposal Depot.

The land is in untraceable ownership and Council wishes to bring the land into its ownership for addition to the Waste Disposal Depot. This report seeks Council approval to the compulsory acquisition of the land.

Recommendation

1 Pursuant to Section 187 of the Local Government Act 1993, Council make application to the Minister for Local Government and the Governor for the compulsory acquisition of Lot 157 DP 1165973 Reddalls Road, Kembla Grange, as shown on Attachment 1 to this report.

2 Upon acquisition, the land be classified as Operational land in accordance with the Local Government Act 1993.

Attachments

Plan of Lot 157 DP 1165973 Reddalls Road, Kembla Grange proposed to be compulsorily acquired.

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

Background

Since 1983, Council has been occupying Lot 157 DP 1165973 Reddalls Road, Kembla Grange and using the land for fencing of the site and maintenance of the landscape buffer strip around the site as part of the Whytes Gully Waste Disposal Depot.

The land is in untraceable ownership and in order to include it in future planning for the whole of the depot site, Waste Services wish to bring the land into Council’s ownership.

The land comprises part of Old System Title Book 1331 No 835 and is now known as Lot 157 DP 1165973. In 1923, the land was transferred into the name of Albert Henry Crossley. He died in 1943 and the land subsequently came into the ownership of Sydney Albert Crossley in 1945, as the surviving executor and beneficiary of Albert Henry Crossley’s will.

Ordinary Meeting of Council 30 January 2012 21

The land is not rated. It has an area of 5,728 sq m and is a steep, heavily vegetated gully.

As the land is in untraceable ownership, Council can only acquire the land by compulsory acquisition after diligent enquiry has been made and if at least 6 months have elapsed since that enquiry was made. The term “diligent enquiry” involves the searching of Real Property, Old System Title and Native Title registers, placing a sign on the land, publishing a notice in the paper and giving notice to representatives of persons who may hold native title. It has been identified that there are several Crossley’s in the Wollongong Local Government area and further afield and letters will be sent to them as part of the “diligent enquiry” process.

Following this “diligent enquiry” and subject to no claim being successful against the title, Council will make a formal application to the Minister for Local Government seeking the Governor’s approval to proceed with the compulsory acquisition.

Proposal

Pursuant to its powers under Section 187 of the Local Government Act 1993, it is proposed that Council initiate action under the Land Acquisition (Just Terms Compensation) Act 1991 to acquire the land known as Lot 1 DP 1165973 Reddalls Road, Kembla Grange from the estate of Sydney Albert Crossley and upon acquisition, the land be classified as Operational land under the Local Government Act 1993.

Upon acquisition, the land will continue to be used as part of the Whytes Gully Waste Disposal Depot. The acquisition of the land will allow Council to continue to provide the necessary landscape buffers around the site, allow greater flexibility when designing surface drainage diversion channels and maximise the landfill capacity within the existing approved facility.

Consultation and Communication

Manager Works - Waste Services Section

Manager Finance has concurred with the financial aspects of this report.

Planning and Policy Impact

This matter is in agreement with Council’s policy “Land Acquisition and Disposal”.

Financial Implications

In acquiring the subject land under the Land Acquisition (Just Terms Compensation) Act 1991, Council is required to pay compensation to the landowner as determined by valuation advice provided by a registered valuer. In this instance, it is anticipated that the registered proprietor of the land will be untraceable and compensation will not be

Ordinary Meeting of Council 30 January 2012 22

payable. However, Section 51 of that Act provides that “an authority of the State is required to keep a trust account in connection with compensation payable under this part”. In this regard, this trust account is to be maintained for six years after the acquisition of the land in the event that a claim for ownership is substantiated. Whilst it is not necessary for Council to specifically vote any funds to cover this compensation, it is legally bound to pay such amount in the event of any claim for title being substantiated during this six year period.

Council is advised that a valuation of the land has been undertaken which assesses the value at $39,000 (GST inc) which will remain valid for the six year period that Council is required to make the compensation available should any claim for title be substantiated during that time.

Conclusion

As Lot 157 DP 1165973 forms an integral component of the planning for the future of the Whytes Gully Waste Disposal Depot, it is recommended that the compulsory acquisition of this land be approved.

Ordinary Meeting of Council 30 January 2012 23

REF: CM7/12 File: HR-90.5.015

ITEM 9 WORKFORCE DIVERSITY

Council’s workforce diversity planning is managed through Council’s Employment Equity and Diversity Policy and Employment Equity and Diversity Management Plan. The primary aim of these tools are to achieve a workforce that reflects the diversity of the wider community. The approach of flexible and straightforward strategies is to engage the whole community and promote Council as a diverse employer.

A detailed profile is provided comparing Council’s workforce diversity with Regional Councils, NSW Councils as a whole and where possible with the Wollongong Local Government Area (LGA). These statistics evidence the success of diversity planning by showing the composition of Council’s workforce reflects and sometimes exceeds expectations in relation to industry standards and highlights opportunities for continued development in order to reflect the local community.

Council’s Cadet, Apprentice and Traineeship (CAT’s) program has employed 81 positions in the past 8 years across a diverse range of professional, operational and trade disciplines, including 10 positions identified for recruitment of people of Aboriginal or Torres Strait Islander background and people living with a disability.

Recommendation

1 Council receive and note the information contained within this report.

2 Council continue to support the promotion and advocacy of diversity within the workforce through its Employment Equity and Diversity Policy and Management Plan, including:

Support Council’s application to the Australian Local Government Women’s Association for a Silver Award;

Support Council’s application to the Women and Leadership Australia Employer of Choice Program;

Support Council’s application to host the Local Government Women in Leadership Conference in Wollongong in 2014;

Continuing commitment and investment for the Cadets, Apprentices and Trainees program.

3 Council support the reporting and evaluation of diversity metrics through Council’s Workforce Plan and for inclusion into the Wollongong 2022.

Attachments

There are no attachments for this report.

Ordinary Meeting of Council 30 January 2012 24

Report Authorisations

Authorised by: Trevor Jones, Director Corporate and Community Services (Acting)

Background

On 27 September 2011 Council requested a report providing detail on workforce diversity with specific reference to:

1. Workforce diversity targets;

2. Current workforce diversity;

3. Apprenticeships, traineeships and cadetships between 2005 and 2011.

Diversity Targets and Planning

Council’s approach to Employment, Equity and Diversity (EED) planning focuses on linking with community planning, with the view to achieving a workforce that reflects the diversity of the wider community.

Council recognises that it is necessary to include and apply its equity and fairness values into organisational culture. Therefore a key objective of the EED Management Plan is to position EED into all management practices so that it becomes an integral corporate and managerial objective.

Council has implemented a number of tools to support its goal including the following:

• Employment Equity and Diversity Policy.

• Employment Equity and Diversity Management Plan.

• Youth Development Program.

• Code of Conduct.

• Positive Working Relationships Policy.

Diversity targets have not been used as a component of EED planning within Local Government and this is reflected by the Department of Local Government who report that only 23% of Council’s across NSW include specific targets.1 Of those Councils who reported having diversity targets the majority reported targets with regard to employment of Aboriginal and Torres Strait Islanders (91%) and women (71%).

Council works closely with organisations within the community which support diversity groups, with partnerships formed to ensure we are constantly improving our processes to remove barriers for employment and providing ongoing employment opportunities to diversity groups.

1 Department of Local Government, 2010 Census of Local Government Employees – Report on Findings

Ordinary Meeting of Council 30 January 2012 25

The approach taken by Council recognises that diversity planning looks beyond having targets for diversity groups, and is a continuous process of promoting a more socially inclusive employment environment. This approach is intentionally flexible recognising the need for inclusion of the community as a whole, rather than singling out particular diversity groups.

Council is currently involved in a number of projects across identified diversity groups. The projects are as follows:

Aboriginal and Torres Strait Islanders

A subcommittee from the Aboriginal Liaison committee is currently working with management to review the Aboriginal and Torres Strait Islander Employment Strategy to ensure the strategy meets the contemporary needs of this diversity group.

People living with a disability

A meeting with the Illawarra Vocational Support Network (VSN) is scheduled for 24 February 2012 where Human Resources will present and discuss our policies and procedures in relation to people living with a disability and how the organisation can better work with and support the community to enhance employment opportunities.

Gender

Council supports the Australian Local Government Women’s Association 50:50 Vision – Council’s for Gender Equity and was recognised with a Bronze Award in 2010 through this program.

In addition, we are currently reviewing the requirements of the Australian Local Government Womens Association to be accredited at a Silver Award level. In conjunction with this the organisation is committed to supporting and partnering with the Australian Regional Women Leaders Convention on an annual basis through attendance at the annual convention as well as confirming ourselves as an Employer of Choice partner.

Culturally and Linguistically Diverse

In 2012 Human Resources has committed to working closely with the Community, Cultural and Library Services to partner with advocacy groups representing the CALD community, with specific reference into the refugee community to establish relationships to enhance and promote employment opportunities across the organisation.

Further development of Councils EED program would be enhanced from a funding review.

Ordinary Meeting of Council 30 January 2012 26

Workforce Diversity Profile

In August 2011 the Department of Local Government released the 2010 Census of Local Government Employees – Report on Findings (DLG Census Report). This report has provided Council with an opportunity to examine its workforce in comparison with industry standards. For the purpose of this report the opportunity has also been taken to compare the composition of Council’s workforce with the composition of the Wollongong Local Government Area (LGA).

Council’s employment rates of people identified as Aboriginal and Torres Strait Islander (ATSI), Culturally and Linguistically Diverse (CALD) and people living with a disability (Disability) are generally above industry standards.

The definitions of these diversity groups are as follows:

Aboriginal and Torres Strait Islander (ATSI): a person that has identified themselves as being of Aboriginal or Torres Strait Islander decent.

Culturally and Linguistically Diverse (CALD): a person that has identified themselves as speaking a language other than English at home.

Disability: an impairment restricting ability to perform communication, mobility or self-care activities, or a restriction associated with schooling or employment.2 This definition is provided by the Australian Bureau of Statistics (ABS) under the heading ‘specific limitation or restriction’ and is the definition that best reflects the data collected by Council.

There are a number of factors for consideration in relation to the diversity statistics:

1. The discrepancy demonstrated in Figure 1 relating to the comparison CALD statistics with LGA demographics is accounted for as these percentages relate to the total population, thereby including members of the community that are not part of the working population. Other demographics have been obtained reflecting the working population of the LGA.

2. In regards to the statistics relating to Disability it is important to note that the Australian Bureau of Statistics (ABS) do not provide statistics reflecting the Wollongong LGA and therefore statistics are determined through comparison of Australian and New

2 Australian Bureau of Statistics, 4430.0 - Disability, Ageing and Carers, Australia: Summary of Findings, 2009

Figure 1: Demonstrates how Council compares to NSW Councils and the Wollongong LGA with regards to ATSI, CALD and Disability populations

Workplace and Community Diversity

1.0%

5.0%

3.0%

1.30%

4.70%

1.20%1.20%

13.90%

7.80%

ATSI CALD Disabil ity

WCC NSW Councils Wollongong LGA

Ordinary Meeting of Council 30 January 2012 27

South Wales data and applied to the LGA. In addition the broad definitions used by the ABS include population that does not fall within the definition of Disability as it applies to the workforce.

3. Since the introduction of Councils Human Resources Information System Aurion in 1999, diversity has been collected and recorded at the time of appointment and therefore excludes information relating to employees appointed prior to collection of this information.

4. Provision of diversity information by employees is voluntary and therefore all reporting can only ever be a representation of employees that have volunteered to identify themselves as being part of each diversity group.

Council is considering strategies that may be implemented to overcome these discrepancies in data. These strategies may include:

1. Aligning data collection with the definitions used by the ABS;

2. Updating current data by conducting a staff diversity survey; and/or

3. Conducting regular diversity surveys of all Council staff in accordance with completion of the National Census thereby maintaining current data reflecting the Councils total workforce in accordance with ABS definitions and providing more accurate comparisons.

Overall, Councils results in regards to these diversity groups is evidence of programs and initiatives that have been put in place to engage both the ATSI and Disability communities through development of partnerships with community groups and participation in employment related working groups. These results also identify an opportunity for Council to focus future initiatives towards the CALD community.

Council’s age demographics (Figure 2) are also consistent with industry standards showing that the majority of the workforce (56%) is within the 35 – 54 age groups. The comparison with LGA demographics shows potential for employment from both the Under 25 and 25 – 34 age groups thereby supporting continued implementation of Council’s workforce planning initiatives including the Youth Development Program and aging workforce projects.

Table 1 below shows that the composition of Council’s workforce as either equivalent or has a greater representation of key diversity groups in comparison to both Regional and NSW Councils as well as the LGA.

Figure 2: Demonstrates how Council compares to NSW Councils and the Wollongong LGA with regards to age distribution within te working population.

Age Distribution

0%

5%

10%

15%

20%

25%

30%

35%

40%

Under 25 25-34 35-44 45-54 55-64 Over 65

WCC NSW Councils Wollongong LGA

Ordinary Meeting of Council 30 January 2012 28

Further Table 1 shows that Council maintains a healthy gender balance employing 45% women and 55% men which is in line with industry standards and only 2% difference to the working population of the LGA.

WCC WCC

Permanent Regional Councils

NSW Councils

Wollongong LGA

Women 45.0% 40.2% 43% 46% 47%1

Men 55.0% 59.8% 57% 54% 53%1

ATSI3 1.0% 0.6% 1.2% 1.3% 1.2%1

CALD3 5.0% 2.8% 3.3% 4.7% 13.9%2

Disability3 3.0% 4.2% 1.1% 1.2% 7.8%1

Under 25 8% 1.7% 9.0% 10.0% 16.3%1

25-34 15% 12.1% 16.0% 17.0% 19.8%1

35-44 23% 24.5% 24.0% 24.0% 24.8%1

45-54 33% 39.3% 30.0% 28.0% 25.3%1

55-64 18% 20.7% 17.0% 18.0% 12.2%1

Over 65 2% 1.7% 2.0% 2.0% 1.7%1

Table 1: Staff composition as a percentage of total staff 1 Percentage represents the working population of the Wollongong LGA. 2 Percentage represents the total population of the Wollongong LGA. 3 Research indicates that employee’s are less likely to identify as being a member of diversity groups including ATSI, CALD and Disability.

The following data provides a profile of Executive, Management and Supervisory staff, in comparison to both Regional and NSW Councils and their gender distribution.

Table 2 provides the gender distribution across supervisory levels. Further breakdown of the Councils gender distribution within Manager positions shows that Council currently employs 30% women and 70% men in Middle Manager positions and 36% women and 64% men in Manager positions.

WCC Regional Councils NSW Councils

F M F M F M

Executive1 0.0% 100.0% 17.0% 83.0% 16.0% 84.0%

Manager2 31.9% 68.1% 25.0% 75.0% 33.0% 67.0%

Other Supervisory3 15.8% 84.2% 31.0% 69.0% 38.0% 62.0%

Non Supervisory 49.0% 51.0% 43.0% 57.0% 46.0% 54.0%

Table 2: Gender Distribution of staff as a percentage of staff within each profile type. 1 Defined by the DLG Census Report as General Managers, Assistant/Deputy General Managers and Directors. 2 Defined by the DLG Census Report as Section or Department Heads, therefore including both Managers and Middle Managers. 3 Defined by the DLG Census Report as Team Leaders and Coordinators.

While the results shown in Table 2 is mixed, Table 3 identifies that these statistics are heavily influenced by the areas that traditionally attract predominantly male employees including Infrastructure and City Works. Other Directorates including Corporate and Community Services provide evidence of a good gender balance in these positions.

Ordinary Meeting of Council 30 January 2012 29

Position Type FEMALE MALE

Executive 0.0% 100.0% Office of the General Manager Non Supervisory 100.0% 0.0%

Executive 0.0% 100.0%

Manager 52.4% 47.6%

Other Supervisory 56.5% 43.5%

Corporate + Community Services

Non Supervisory 72.0% 28.0%

Executive 0.0% 100.0%

Manager 14.3% 85.7%

Other Supervisory 9.2% 90.8%

Infrastructure + Works

Non Supervisory 27.5% 72.5%

Executive 0.0% 100.0%

Manager 16.7% 83.3%

Other Supervisory 0.0% 100.0%

Planning + Environment

Non Supervisory 58.7% 41.3% Table 3: Gender distribution of staff as a percentage of staff within each profile type and Directorate.

In addition these statistics show that appointment in more senior supervisory positions is also subject to the applicant pool. Therefore in those areas of Council including operational, trade and engineering that are traditionally gender specific, there is less female representation within supervisory and management positions.

It is noted that anti-discrimination legislation limits Councils ability to target recruitment of positions in accordance with gender, however the combination of merit based selection procedures and EED ensures that neither gender is disadvantaged in a recruitment and selection action.

Councils management structure as seen in Table 4 identifies that the number of supervisory staff is an average of 1% below the industry standard at all levels including Executive, Manager and Other Supervisory. Further it is noted that the average number of Executive positions is 5 for both metropolitan and regional Councils.

WCC Regional Councils NSW Councils

Executive 0.3% 1.0% 1.0%

Manager 3.0% 4.0% 4.0%

Other Supervisory 9.9% 10.0% 12.0%

Non Supervisory 86.8% 85.0% 83.0%

Table 4: Profile of staff as a percentage of total staff

Ordinary Meeting of Council 30 January 2012 30

Figure 3 provides a comparison of the hours worked by Council employees with Regional and NSW Council as well as the LGA.

Full time is defined as employees working in permanent positions of 35 hours per week, part time is defined as employees working in permanent positions less than 35 hours per week and casuals are defined as employees working in non-permanent positions with intermittent hours less than 35 hours per week.

This information shows Council has a slightly higher number of casual employees than the industry standard. The number of casual staff employed by Council is accounted for in the delivery of community and recreation services which by the nature of the services provided require the availability of a casual workforce.

Comparison with the hours worked by people living in the LGA indicates that there is a potential pool of people that may be attracted to part time employment.

The gender distribution of Council’s staff across hours worked demonstrated in Table 5 is slightly higher in comparison with other regional councils and in line with councils across NSW.

The higher proportion of female staff participating in part time and casual positions supports the generally accepted opinion that higher numbers of female staff are attracted to part time and casual employment as a method of balancing both work and life activities.3

WCC WCC Permanent

Regional Councils

NSW Councils

F M F M F M F M

Full Time 30.3% 69.7% 65.2% 96.9% 27.8% 72.2% 30.9% 69.1%

Part Time1 87.8% 12.2% 34.8% 3.1% 78.9% 21.1% 81.4% 18.6%

Casual 63.7% 36.3% 69.2% 30.8% 70.8% 29.2%

Table 5: Gender distribution of staff as a percentage of staff within each hours type.

1 Includes Job Share.

3 Australian Bureau of Statistics, 2011, Australian Labour Market Statistics, cat. no. 6105.0, ABS, Canberra; Australian Bureau of Statistics, 2009, 'Work, Life and Family Balance', Australian Social Trends, cat. no. 4102.0, ABS, Canberra.

Figure 3: Demonstrates how Council compares to NSW Councils and the Wollongong LGA with regards to types of hours worked by employees.

1 Percentage derived from the working population of the Wollongong LGA. Remaining working population listed as not providing work hours (2.6%) or unemployed (7.5%).

Hours Worked

64.6%

12.2%

23.2%

67.2%

14.8% 18.0%

56.9%

33.0%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

Full Time Part Time Casual

WCC NSW Councils Wollongong LGA

Ordinary Meeting of Council 30 January 2012 31

Table 6 provides a comparison with Regional and NSW Councils with regard to employment status. In this case Council has a higher than average temporary and casual workforce. In particular the casual workforce can be accounted for through the employment of casual staff in the City Works Division. While referred to as casual the majority of these staff are employed as relief on a temporary basis for a period of three months.

WCC Regional Councils

NSW Councils

Permanent 65.8% 76% 74%

Contract 0.9% 1% 2%

Temporary 10.1% 4% 3%

Casual 23.2% 17% 18%

Table 6: Employment status as a percentage of total staff.

As previously discussed with regards to hours worked, the higher proportion of female staff participating in temporary and casual employment (Table 7) supports the generally accepted opinion that higher numbers of female staff are attracted to temporary and casual opportunities as a method of balancing both work and life activities.

WCC Regional Councils NSW Councils

F M F M F M

Permanent 40.2% 59.8% 37% 63% 40% 60%

Contract 28.6% 71.4% 30% 70% 31% 69%

Temporary 35.3% 64.7% 56% 44% 61% 39%

Casual 63.7% 36.3% 66% 34% 70% 30%

Table 7: Gender distribution as a percentage of staff within each employment type.

Council has engaged a full range of EED and diversity initiatives through it’s Enterprise Agreement generally offering wider and more flexible employment options than is available through the Local Government State Award. Table 8 provides a comparison of initiatives provided across NSW Councils.

Ordinary Meeting of Council 30 January 2012 32

WCC Regional Councils

NSW Councils

Rostered / accrued days off 97% 96%

Regular part time work 97% 91%

9 day fortnight / compressed hours 85% 85%

Flexible start / finish times 87% 87%

Flexible leave arrangements 77% 74%

Work from home 79% 68%

Job sharing 90% 67%

Flexible rostering / scheduling 64% 60%

Unpaid leave for carers 44% 42%

Part year employment 36% 38%

Part-time leave without pay 38% 37%

School term rostering / alternative hours 13% 16%

Facilities (eg breastfeeding / family room) 21% 15%

Career break schemes 5% 4%

Other 21% 16%

Table 8: EED and diversity initiatives implemented at Council.

Council currently provides a staff facility on Level 2 of the Administration Building which is available to staff to use for personal purposes. Some future strategies with regards to staff facilities includes the establishment of a breastfeeding and family space that provides privacy for breastfeeding mothers.

Other EED and diversity initiatives include defence reserves leave, volunteer fire fighters leave, community service organisations leave, special leave, carers leave, paid parental leave, flexible return to work arrangements and flexible transition to retirement arrangements.

For example Councils paid parental leave entitlement provided within the Enterprise Agreement (EA) is more generous than that provided in the Local Government Award which was changed in 2010 to incorporate federal parental leave benefits. Councils EA allows for a minimum of 12 weeks paid maternity leave for the child bearer and 9 weeks paid paternity leave for the primary caregiver in addition to any federal parental benefits an employee may be entitled to claim. In the circumstances that both parents are employed with Council they may be able to claim up to a combined 21 weeks paid parental leave in accordance with primary care responsibilities.

Ordinary Meeting of Council 30 January 2012 33

Cadets, Apprentices and Trainees

Council makes the significant investment of $2 million pa in offering employment through Cadetships, Apprenticeships and Traineeships (CAT’s). During the period from 2005 through to 2012 Council has appointed an average of 10 CAT’s per annum, being a total of 81 positions. This number is above the average number of CAT’s appointed in Council’s across NSW which is 8.5 per annum.

Table 8 provides an outline of the number of CAT positions appointed during this period.

2005 2006 2007 2008 2009 2010 2011 2012 Grand Total

Apprentice 3 2 6 3 3 2 2 2 23

Cadet 3 4 6 5 5 5 5 4 37

Trainee 2 2 2 2 2 2 5 4 21

Total 8 8 14 10 10 9 12 10 81

Table 8: Number of CATs appointed per annum.

CAT positions are offered across a diverse range of professional, operational and trade disciplines including but not limited to the following:

• Aged & Disability • Boilermaker • Building Surveying

• Business Administration • Business Services • Carpentry

• City Parks Management • Civil Construction • Communication & PR

• Cultural Development • Drafting • e-Business

• e-Library • Engineering • Environmental Health

• Environmental Science • Geotechnician • Health & Fitness

• Horticulture • Information Technology • Labourer

• Library & Information Services • Planning • Plant & Truck Mechanics

• Plumbing • Printing • Property

• Surveying • Systems Accountant • Truck Driving

The success of this program is evident through the number of staff that have made a career with Council after starting out in our CATs program, including 3 of the 15 members of Senior Management.

Diversity has also been a consideration in allocation and placement of CAT positions. During this period 10 positions have been identified specifically for people of Aboriginal or Torres Strait Islander background and people living with a disability.

Ordinary Meeting of Council 30 January 2012 34

The introduction of Council’s Youth Development Program has provided increased flexibility and potential to offer ongoing and permanent employment to CATs on completion of their qualifications and training.

Workforce Planning

Council is currently developing its initial series of Integrated Planning and Reporting plans which includes a Workforce Plan to be delivered under its resourcing strategy.

Workforce diversity and EED planning information is an important source for the workforce plan which aims to provide appropriate direction guiding decision making in order to ensure that the workforce is capable to meet the needs of the organisation and capable of delivering the required business outcomes.

A key focus of workforce planning including diversity reporting is the identification of potential weaknesses and provides the opportunity to develop plans and strategies to overcome those weaknesses and build a strong and diverse workforce.

Council has recently realigned the Organisational Development team in order to focus service provision towards workforce planning incorporating EED. The Workforce Plan will be provided to Council in July 2012 as part of Wollongong 2022.

Conclusion The flexible approach to diversity planning taken by Council aims to promote our vision of reflecting the diversity of the community. This flexibility allows ongoing evaluation and monitoring of planning and promotes partnerships with community organisations to assist in our success. This process is managed primarily through Council’s Employment Equity and Diversity Policy and Employment Equity and Diversity Management Plan.

Council’s Employment Equity and Diversity Management Planning has resulted in workforce demographics that reflect and in many areas exceed standards when compared to Local Government as an industry and identifies opportunities for Council to focus future initiatives in order to achieve its goal of reflecting the local community. This coupled with continued monitoring, evaluation and strategic planning through both the Employment Equity and Diversity Management Plan and workforce planning processes supports ongoing growth and success in achievement of workforce diversity.

Further, Council’s commitment to the CATs and Youth Development program has seen positions appointed across a diverse range of professional, operational and trade disciplines including positions identified for recruitment for youth, people of Aboriginal or Torres Strait Islander background and people living with a disability.

Ordinary Meeting of Council 30 January 2012 35

REF: CM8/12 File: FI-914.05.001

ITEM 10 DECEMBER 2011 FINANCIALS

Council’s December 2011 financial reports indicate that Council is generally on track to achieve its budgeted results and maintain a strong financial position.

Council’s Operating Result [pre capital] is currently $2.8M better than the year to date budget. The Funds year to date deficit of $3.4M is better than the $4.3M forecast for the same period that is largely due to lower capital expenditure and associated funding. The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions. Council has expended $29.1M on its capital works program for the year against the phased budget of $32.2M.

Recommendation

The report be received and noted.

Attachments

1 Income, Expense and Funding Statements – December 2011

2 Balance Sheet – December 2011

3 Cash Flow Statement – December 2011

Report Authorisations

Report of: Stephen Packer, Manager Finance [Acting] Director: Trevor Jones, Director Corporate and Community Services [Acting]

Background

This report presents the Income, Expense and Funding Statements, Balance Sheet and Cash Flow Statement for 30 December 2011. The financial statements and analysis indicate that Council continues to maintain a strong financial position with substantial assets and strong liquidity (short to medium term). Council’s financial performance compared to the year to date budget is better than anticipated. The following table provides a summary view of the organisation’s overall financial results to date.

Ordinary Meeting of Council 30 January 2012 36

Original Revised YTD YTD

Budget Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 30-Dec 30-Dec 30-Dec

Operating Costs $M (229.3) (232.7) (114.5) (111.4) 3.1

Operating Revenue $M 206.1 211.2 105.1 104.8 (0.3)

Operating Result [Pre Capital] $M (23.2) (21.6) (9.4) (6.7) 2.8 Capital Grants & Contributions $M 6.9 6.9 1.5 1.6 0.0

Operating Result [Post Capital] $M (16.3) (14.7) (7.9) (5.1) 2.8

Operational Funds Available for Capital $M 30.3 31.0 15.9 13.3 (2.6)

Capital Works 66.9 73.6 32.2 29.1 3.1

Contributed Assets -

Funded from:

- Operational Funds $M 30.3 31.0 15.9 13.3 (2.6)

- Other Funding $M 28.8 34.3 12.0 12.4 0.4

Total Funds Surplus/(Deficit) $M (7.8) (9.0) (4.3) (3.4) 0.9

FORECAST POSITION

Assets The Balance Sheet shows that $2.2B of assets are controlled and managed by Council for the community as at 30 December 2011. The 2011/12 budget has a capital works program of $73.6M that includes projects such as the West Dapto Access Strategy, refurbishment of the Wollongong Bathers’ Pavilion, Crown Street Mall upgrade, Sandon Point Surf Club expansion, civil asset renewals including roads, car parks and buildings purchase of library books and acquisition of Flinders St land parcel. At 30 December 2011, Council recorded capital expenditure of $29.1M compared to a year to date capital budget of $32.2M. This expenditure includes the Flinders St land purchase of $5.2M. Liquidity Council’s cash and investments position decreased slightly in December 2011 to holdings of $82.5M. Council’s cash and investment positions are as follows:

JUNE EST' JUNE * DECEMBER2011 2012 2011$'000 $'000 $'000

Total Cash & Investments 82,530 62,100 90,544 Less: Less: Internal Restrictions (18,471) (23,700) (306) Less: External Restrictions (35,917) (20,000) (60,658)

Available Cash 28,142 18,400 29,580

Cash & Investments

* Note target based on September 2011/12 QR

Ordinary Meeting of Council 30 January 2012 37

The available cash position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose. Although the cash position decreased slightly during the month, due to increased outflows for the purchase of property plant and equipment, holdings are still higher than benchmark. Council’s cash and investments outperformed the benchmark during December due to high yielding term deposits and improved valuations in investment securities. The weighted average return for December was 8.90% (annualised) compared to the benchmark return of 4.85% (annualised UBS Warburg Bank Bill Index). The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. While Council’s ratio is above the Local Government Benchmark of >2:1, the strategy is to maximise the use of available funds for asset renewal by targeting a lean unrestricted current ratio.

Unrestricted Current Ratio

-

0.50

1.00

1.50

2.00

2.50

Ra

tio

Monthly Result 2.16 2.37 2.23 2.31 2.24 2.30 - - - - - -

Target 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19

J A S O N D J F M A M J

Receivables Receivables (the amount of money owed to Council) at December 2011 totalled $4.0M, compared to receivables of $6.4M at December 2010. The major fluctuations relate to

Ordinary Meeting of Council 30 January 2012 38

current receivables, particularly rates receivables, which fluctuate month to month in line with the timing of rates instalments. Payables Payables (the amount of money owed to suppliers) of $15.0M were owed at December 2011 compared to payables of $15.0M in December 2010. The majority of payables relate to goods and services and capital projects delivered but not yet paid for. Council has continued to improve its performance in paying its creditors on time during this financial year, with 92% of payments being made on time in December 2011 compared to the target of 85%. Debt One of Council’s financial strengths has been a low level of borrowing. Over the past years, Council has borrowed predominately through finance leases for its operating plant. It is currently planned that as finance leases are repaid and expire that this type of financing will cease and plant purchases will be funded through annual capital funding. The program is expected to be finalised at the end of the 2012 reporting period. Borrowings may increase from time to time as Council may borrow to bring forward the completion of capital projects where immediate funding is not available. In 2009/10, Council received interest free funds of $26M to assist in the delivery of the West Dapto Access Plan. As this loan is an interest free loan it is required to be accounted for at fair value. The value of an interest free loan is the Net Present Value of the future repayments of the loan which will be made over 10 years. The $26M loan was recognised as a liability of only $17.3M while the difference between this and the actual cash received treated as income in the Income and Expense Statement 2009/10. There will be an increase in future expense to reflect the amortisation of this notional income over the life of the loan. The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments. Council’s low level of debt means that Council’s Debt Service Ratio is currently 0.2%. This is exceptionally low in comparison to the Local Government’s benchmark ratio of <10% and also compares favourably to Council’s own longer term target of <2%. It is noted that non-cash interest expense relating to the amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio.

Ordinary Meeting of Council 30 January 2012 39

Financial Performance Year to Date Council’s revised budget, projects a Total Funds (cash) deficit of $9.0M for year ending 30 June 2012 and an Operating Deficit [pre capital] of $21.6M. The projected Total projected Funds Deficit was increased by $1.4M during November to recognise the net impact of property sales and land purchases approved by Council.The result for December indicates that Council remains on target to achieve these projections. At 30 December 2011, the financial results show a better than anticipated Operating Result [pre capital], compared to phased budget that is mainly due to a significant positive variations in depreciation and expenditure in the waste area that are partially offset by increased employee costs resulting from a number of large workers’ compensation related payments. The Funds result is ahead of projections due to timing of capital expenditure and associated. It is envisaged as capital projects are completed, this variation will reduce.

Conclusion

The results for December 2011 are positive over a range of financial indicators and it is expected that Council will achieve the projected Total Funds result.

Ordinary Meeting of Council 30 January 2012 40

REF: CM9/12 File: FI-020.03.036

ITEM 11 STATEMENT OF INVESTMENTS - NOVEMBER/DECEMBER 2011

This report provides an overview of Council’s investment portfolio performance for the months of November and December 2011.

Council’s average weighted return for November 2011 was 5.17% which was above the benchmark return of 4.88%. The average weighted return for December 2011 was also above the benchmark return, with an average weighted return of 8.90% versus a benchmark of 4.85%. The result was primarily due to high yielding term deposits and positive valuations on the marked to market portion of Council’s portfolio. The remainder of Council’s portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity.

Recommendation

Council receive the Statement of Investments for November and December 2011.

Attachments

1 Statement of Investments – November 2011

2 Statement of Investments – December 2011

Report Authorisations

Report of: Stephen Packer, Manager Finance [Acting] Director: Trevor Jones, Director Corporate and Community Services [Acting]

Background

Council is required to invest its surplus funds in accordance with the Ministerial Investment Order and Division of Local Government guidelines. The Order reflects a conservative approach and restricts the investment types available to Council. In compliance with the Order and Division of Local Government guidelines, Council has adopted an Investment Policy, which was endorsed by Council on 21 June 2011. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints which Council’s portfolio can be exposed to. Council’s investment portfolio is controlled by Council’s Finance Division and external investment advisors, Oakvale Capital Limited, to ensure compliance with the investment policy.

Council’s Responsible Accounting Officer is required to sign the complying Statement of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

WCC
Update to report
Item 11 'Statement of Investments - November and December 2011' originally provided in the business papers was an early draft and the report has now been updated to reflect the final version, as follows - 1. The 5th line of the introduction now reads 'above' the bench mark return.

Ordinary Meeting of Council 30 January 2012 41

Council’s investment holdings as at 30 November 2011 were $87,760,081 (Statement of Investments attachment) [30 November 2010 $90,558,310] and at 31 December 2011 were $80,226,799 (Statement of Investments attachment) [31 December 2010 $87,886,595].

During November, Council posted a weighted average return of 5.17% (annualised) compared to the benchmark return of 4.88% (annualised UBS Warburg Bank Bill Index). During December, Council posted a weighted average return of 8.90% (annualised) compared to the benchmark return of 4.85% (annualised UBS Warburg Bank Bill Index) Council’s above benchmark investment portfolio returns were primarily due to the performance of high yielding term deposits and positive valuations on the marked to market portion of Council’s portfolio.

Council’s CBA Zero Coupon Bond experienced a positive valuation of $82,160 during November, and a positive valuation of $17,080 for December. As this bond gradually nears maturity, movements in interest rates will have less of an impact on the securities valuation. While there will be short term fluctuations along the way, the investments valuation will gradually increase to its $4M maturity value.

The two Mortgaged Backed Securities decreased in value ($17,444) and the floating rate note portion of the portfolio decreased in value ($3,890) during November. In December, however, Mortgage Backed Securities continued to decrease in value ($3,215) while the floating rate note portion of the portfolio increased in value ($10,810).

The NSW T-Corp Long-Term Growth Facility decreased in value ($28,837) during November, while increasing slightly during December ($8,043). These fluctuating variations are a reflection of the current share market volatility both domestically and internationally.

Council’s portfolio performance was assisted by term deposits yielding high levels of return. The current financial crisis in Europe has impacted heavily on international borrowing costs for domestic banks, who in response have offered relatively high rates on term deposits to access greater domestic funds. Interest earned on term deposits during November 2011 and December 2011 was $320,267 and $386,682 respectively.

This report complies with Council’s Investment Policy which was endorsed by Council on 21 June 2011. Council’s Responsible Accounting Officer has signed the complying Statement of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

WCC
Update to report
Item 11 'Statement of Investments - November and December 2011' originally provided in the business papers was an early draft and the report has now been updated to reflect the final version, as follows - The 2nd line of the 3rd last paragraph has been adjusted. The word 'however' has been removed and 'it did increase' has been replaced by 'while increasing'.
WCC
Update to report
Item 11 'Statement of Investments - November and December 2011' originally provided in the business papers was an early draft and the report has now been updated to reflect the final version, as follows - The return on term deposits reported in the last line of the 2nd last paragraph have been updated to reflect actual results. The November result has been amended from $311,911 to $320,267 and the December result from $311,643 to $386,682.

Ordinary Meeting of Council 30 January 2012 42

REF: CM10/12 File: GI-80.12.010

ITEM 12 BI-MONTHLY TABLING OF RETURNS OF DISCLOSURES OF INTEREST

The Local Government Act 1993 requires the General Manager to table all Returns of Disclosures of Interest lodged by persons nominated as designated persons. Returns are submitted to Council on a bi-monthly basis.

Recommendation

Council note the tabling of the Returns of Disclosures of Interest as required by Section 450A of the Local Government Act 1993.

Attachments Returns of Disclosures of Interests and Other Matters (to be tabled).

Report Authorisations

Report of: Paul Marskell, Manager Governance and Information (Acting) Authorised by: Trevor Jones, Director Corporate and Community Services (Acting)

Ordinary Meeting of Council 30 January 2012 43

REF: CM13/12 File: IW-909.008

ITEM 13 LATE BUSINESS - MINUTES OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING HELD 23 JANUARY 2012

A special electronic meeting of the City of Wollongong Traffic Committee was held on 23 January 2012 to consider a road closure for the Dragons Pre Season game at WIN Stadium on 4 February 2012. This request was received too late to be considered through the normal Traffic Committee process. The minutes (Item 1) in relation to Regulation of Traffic which must be determined by Council are presented.

Item 1 recommends Council approve the temporary regulation of traffic on public roads for road works or events by independent parties.

Recommendation

In accordance with the powers delegated to Council, the minutes and recommendations of the special electronic meeting of the City of Wollongong Traffic Committee held 23 January 2012 in relation to Regulation of Traffic, be adopted.

Attachments

There are no attachments for this report.

Report Authorisations

Report of: Kim Batley, Manager Infrastructure (Acting) Authorised by: David Farmer, General Manager

Background WOLLONGONG 1 Temporary Closure of Harbour Street – Dragons Pre-Season game at WIN

Stadium – Saturday 4 February 2012.

A request has been received for temporary closure of Harbour Street on Saturday 4 February 2012 from 3.30 pm until 8.30 pm for the Dragons Pre-Season game at WIN Stadium to facilitate safe pedestrian traffic between WIN Stadium and the Steelers Club. A standard traffic management plan for this road closure has been submitted.

Ordinary Meeting of Council 30 January 2012 44

PROPOSAL SUPPORTED (UNANIMOUSLY) The proposed closure of Harbour Street, Wollongong on Saturday 4 February

2012 from 3.30 pm to 8.30 pm, be approved subject to Council’s standard conditions for road closures.

Ordinary Meeting of Council 12 December 2011 29

REF: CM265/11 File: ESP-100.01.006

ITEM 5 DRAFT PLANNING PROPOSAL - HUNTLEY AND AVONDALE MINE COLLIERY SITE - POST EXHIBITION REPORT

Council resolved on 28 July 2009 to submit a draft Planning Proposal to the NSW Department of Planning seeking approval to exhibit a draft rezoning for the former Huntley and Avondale Collieries from a mixture of environmental, rural and non-urban zones to a combination of R2 Low Density Residential (approximately 470 dwellings), RE2 Private Recreation (Golf Course), SP3 Tourist (90 room hotel and 45 cabins), E2 Environmental Conservation, E3 Environmental Management, and E4 Environmental Living (approximately 25 rural-residential dwellings) zones.

The draft Planning Proposal was exhibited between 7 June and 23 July 2010 and twenty three (23) submissions, including two (2) petitions, were received. The proponent subsequently reduced the extent of the proposed rezoning and removed the tourism and rural-residential components. Council at its meeting on 14 November 2011 deferred consideration of the matter pending a site visit and an additional briefing. This report considers the issues raised in submissions, together with the modifications to the proposal and recommends that a finalised Planning Proposal be submitted to the NSW Department of Planning and Infrastructure for approval.

Recommendation

1 A finalised Planning Proposal for part of the former Huntley and Avondale Colliery site be submitted to the NSW Department of Planning and Infrastructure for approval that:

a Rezones Lot 1 DP 549152 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation and R2 Low Density Residential;

b Rezones Lot 2 DP 549152 from 7(b) Environmental Protection Conservation and 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

c Rezones Lot 1 DP 382339 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation;

d Rezones Lot 1 DP 229358 from 1 Non Urban under the Wollongong Local Environmental Plan 1990 to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

e Rezones Lot 2 DP 229358 from RU2 Rural Landscape and E2 Environmental Conservation to RE2 Private Recreation, R2 Low Density Residential, and E2 Environmental Conservation;

Ordinary Meeting of Council 12 December 2011 30

f Rezones Lot 14 DP 3083 from E2 Environmental Conservation and RU2 Rural Landscape to RE2 Private Recreation, R2 Low Density Residential, E4 Environmental Living and E2 Environmental Conservation;

g The R2 Low Density Residential zones have a floor space ratio of 0.5:1, minimum lot size of 450m² and maximum height limit of 9m (two (2) storey);

h The small R2 Low Density Residential zone area, located on the northern side of Avondale Road, have a floor space ratio of 0.75:1, minimum lot size of 300m² and maximum height limit of 9m (two (2) storey);

i The E4 Environmental Living zone have a floor space ratio of 0.3:1, minimum lot size of 1,500m² and maximum height limit of 9m (two (2) storey); and

j The Urban Release Area Map in the Wollongong Local Environmental Plan 2009 be amended to include the site, which will trigger the need for a Neighbourhood Plan and satisfactory arrangements for infrastructure provision.

2 A draft Neighbourhood Plan be prepared for inclusion in the Wollongong Development Control Plan 2009 – Chapter D16 West Dapto Release Area.

3 The West Dapto Release Area Section 94 Development Contributions Plan be updated to include the subject site.

4 A Vegetation Management Plan be developed as part of any future development application for residential development on the site.

Attachments

1 Site Locality Map.

2 Background.

3 Current Zoning Map.

4 Summary of Submissions.

5 Proposed Zoning Map.

6 Constraints Maps.

Report Authorisations

Report of: Renee Campbell, Manager Environmental Strategy & Planning Authorised by: Andrew Carfield, Director Planning & Environment

Ordinary Meeting of Council 12 December 2011 31

Background The former Huntley and Avondale Collieries are located at the western end of Avondale Road, Avondale (Attachment 1 – Site Locality Map). The site of the original Planning Proposal consisted of twenty (20) lots and had an area of 484 hectares. This was subsequently revised and reduced to include six (6) allotments (Attachment 1 – Site Locality Map). A comprehensive background to the original proposal is provided in Attachment 2 – Background. This report concentrates on the revised Planning Proposal which includes Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lots 1 and 2 DP 229358 and Lot 14 DP 3083 (south of Avondale Road), covering an area of 178.82 hectares. This area is partially located within Stage 4 of the West Dapto Release Area and is identified for future urban development (elevation 40-80m). The revised site is located in both Wollongong Local Environmental Plan 2009 and Wollongong Local Environmental Plan 1990 which was deferred from Wollongong Local Environmental Plan (West Dapto) 2010. The four (4) lots within the Wollongong Local Environmental Plan 1990 being Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lot 1 DP 229358 (south of Avondale Road) are zoned 1 Non Urban. The two (2) lots within Wollongong Local Environmental Plan 2009 being Lot 2 DP 229358 and Lot 14 DP 3083 are zoned RU2 Rural Landscape and E2 Environmental Conservation. (Attachment 3 – Current Zoning Map). A Planning Proposal was submitted to the NSW Department of Planning on 19 February 2010. The Planning Proposal sought to rezone the former Huntley and Avondale Collieries from a mixture of environmental, rural and non-urban zones to a combination of R2 Low Density Residential (approximately 470 dwellings), RE2 Private Recreation (Golf Course), SP3 Tourist (90 room hotel and 45 cabins), E2 Environmental Conservation, E3 Environmental Management, and E4 Environmental Living (approximately 25 rural-residential dwellings) zones. The proponent prepared extensive reports to support the original Planning Proposal including: • Justification Report (TCG Planning 2009); • Vision Report (EDAW/AECOM/TCG Planning 2007); • Built Form Study (EDAW 2007); • Visual and Landscape Assessment (EDAW /AECOM 2006); • Huntley Village and Ecotourism Centre Development Economic Impact Study

(Buchan 2006); • Archaeologist Assessment (Biosis Research 2007);

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• Non-indigenous Heritage Study – Mine Administration Building (Biosis Research 2007);

• Traffic Study (BECA 2007); • Arborist Report (David Potts 2007); • Economic Analysis Report (Buchan 2009); • Traffic Impact Assessment (BECA 2009); • Bushfire Assessment Report (Conacher Environmental 2009); • Flora and Fauna Report (Conacher Travis 2009); • Site Flood Study (Land Team 2008); and • Geotechnical Report (GHD Geotechnics 2009). Council received a briefing on the proposal on 5 October 2011. Council at its meeting on 14 November 2011 considered a report on the matter and resolved that:

A decision on this matter be deferred until Councillors have been afforded the opportunity of a site visit and briefing and the matter be presented to the Council meeting on 12 December 2011.

A site inspection and additional briefing occurred with Councillors on 6 December 2011.

Proposal The revised Planning Proposal area now comprises six (6) allotments of the original twenty (20) properties that were included in the original exhibited Planning Proposal. These lots include Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lots 1 and 2 DP 229358 and Lot 14 DP 3083 (south of Avondale Road), covering an area of 178.82 hectares. The revised Planning Proposal is concentrated on providing for residential development around the approved golf course on the lower part of the site. The Joint Regional Planning Panel on 3 December 2010 approved Development Application (DA-2009/1037) for an 18 hole golf course and associated facilities (club house, sports education centre, 60 self contained golf lodges) on the south east part of the site. This use was permissible under Wollongong Local Environmental Plan 1990 as a recreational facility. The revised proposal removes the issues associated with the proposed development of tourism uses higher up in the escarpment (proposed SP3 Tourist zone) as well as the rural residential component in the western portion of the site. The following table summarises the revisions.

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Table 2 – Comparison of Previous Concept Plan Yield and Revised Concept Plan Amendments

The following table provides a summary of the proposed land uses, zones, indicative number of lots and a minimum lot size.

Table 3 – Revised Planning Proposal

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Consultation and Communication The Gateway determination was issued by the NSW Department of Planning on 27 March 2010. The Gateway determination detailed the consultation requirements and allowed Council a twelve (12) month timeframe from the week following the date of determination to complete the Local Environmental Plan. In December 2010 Council requested that the NSW Department of Planning extend the completion date from 27 March 2011 to 27 December 2011 (nine (9) months). The original Planning Proposal was exhibited by Council between 7 June and 23 July 2010. Copies of the document were made available at Wollongong Central and Dapto District libraries, Council’s Administration Building and on Council’s website. Written advice of the exhibition was sent to surrounding land holders, the local Neighbourhood Forum, State Authorities and the local Aboriginal groups. Council received twenty three (23) submissions, fifteen (15) from community members and eight (8) from State authorities. Two (2) of the submissions were petitions containing 174 and 60 signatures respectively, objecting to the inadequate infrastructure in the area and the potential impact of run off on Mullet Creek. It should be noted that the submissions commented on the original Planning Proposal which has since been significantly reduced and therefore some issues are no longer relevant to the assessment of the revised Planning Proposal. A full summary of all submissions is provided in Attachment 4 – Summary of Submissions. In summary the issues raised were as follows: Objection • Nine (9) submissions objected to the rezoning of the escarpment lands for

tourism or residential development. Conditional Objection • Two (2) submissions objected to the rezoning unless the proponent transferred

significant amounts of vegetated land to National Parks. Additional Information • One (1) submission corrected the mapping in the exhibition material. Support • One (1) submission supported the rezoning and further requested that Lot 21 DP

1079478 be considered for the purpose of eleven (11) rural residential lots. Comments • Two (2) submissions requested that the Huntley Hillclimb event be considered as

part of the assessment of the rezoning.

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In summary the issues raised in the eight (8) submissions from State authorities are as follows: No Objection • Integral Energy and the RTA had no objection to the proposal provided the

associated infrastructure was funded by the applicant; • The Lake Illawarra Authority had no objection provided water quality was

considered; • NSW Infrastructure and Investment - Mineral Resources Division had no

objection; • Wingecarribee Council had no objection and provided support to the proposed

recreation uses; and • Rural Fire Service – conditional support to residential component. Objection • The NSW Department of Environment, Climate Change and Water objected to

the development, citing concerns that the potential impacts were uncertain; • Rural Fire Service objected to the tourism component; and • The NSW Industry and Investment Agriculture Division objected due to the land

being important for food production. Comment • The Fisheries Division requested that Vegetation Management Plans and

Riparian Corridor Management Plans be drafted prior to the development of the site; and

• The Sydney Catchment Authority comments centred on the recreational component.

The majority of concern centred on development for residential purposes in the area mapped as Escarpment in the Wollongong Local Environmental Plan 2009. Generally the cleared or highly modified parts of the site sit within what was proposed as Stage 4 of the Wollongong Local Environmental Plan (West Dapto) 2010. Council should note that the site will be developed for a golf course regardless of the endorsement of an RE2 Private Recreation zone for part of the site as this Development Application has been approved. The issues raised in the submissions are discussed later in the report. Following a meeting in December 2010 to discuss a range of matters arising from submissions, the proponent decided to remove the western lands from the subject Planning Proposal for the following reasons: • The range and complexity of issues arising in relation to the western

(escarpment) lands in particular the bushfire risk and its management;

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• The time limit imposed by the NSW Department of Planning to complete the amending Local Environmental Plan; and

• The recent approval of the golf course development and the proponent’s commitment of time and resources to commence construction of this portion of the site.

The revised information and updated specialist reports were lodged with Council on 1 July 2011. The refinements have resulted in a significant reduction in the area of land proposed for future development (Attachment 5). Among the revised reports were an updated Flora and Fauna Assessment, an updated Bushfire Assessment; a Contamination Report and an updated Aboriginal Cultural Heritage Assessment. The revised Planning Proposal and additional reports were re-referred to the Catchment Authority, Office of Environment and Heritage (previously known as NSW Department of Environment, Climate Change and Water) and the Rural Fire Service. These referrals were considered necessary because of previous submissions outlining a number of outstanding issues which the applicant was advised needed to be addressed prior to any recommendation being reported to the Council. The advice from the agencies is included in the report. The revised proposal was not re-advertised to the community as the revised proposal was a significant reduction rather than an increase in development. Discussion of Issues Illawarra Escarpment Strategic Management Plan The majority of the original site as proposed for rezoning was within the area covered by the Illawarra Escarpment Strategic Management Plan (2006) (IESMP) (excluding four (4) allotments that are part of West Dapto Land Release Area). The revised proposal is now confined to six (6) allotments, four (4) of are within the West Dapto Release Area being Lots 1 and 2 DP 549152, Lot 1 DP 382339 (north of Avondale Road) and Lot 1 DP 229358 (south of Avondale Road), covering an area of 88.01 hectares. The Illawarra Escarpment Strategic Management Plan identified the areas containing endangered ecological communities and riparian corridors as core escarpment. The rehabilitation area was identified as biophysical support and landscape support. The cleared area on the eastern part of the site was identified as escarpment interface. The flood plan on the northern side of Avondale Road was not addressed by the Management Plan The Illawarra Escarpment Strategic Management Plan requires that development should only occur within cleared areas and vegetation should not be removed to create Asset Protection Zones. The concept plan noted that Asset Protection Zones would need to be established on the site’s western boundary and to protect dwellings which

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are likely to require clearing of vegetation. Development in the core or biophysical support for the core would not be consistent with the Illawarra Escarpment Strategic Management Plan. Only two (2) allotments sit within the lower region of the Illawarra Escarpment Area and are known as Lot 2 DP 229358 and Lot 14 DP 3083. These lots comprise 90.81 hectares and several zones are proposed, E2 Environmental Conservation to protect the biodiversity values. RE2 Private Recreation is also proposed for the approved golf course. There is limited E4 Environmental Living and R2 Low Density Residential proposed on these lots. The area proposed for residential development has been highly modified and is not as constrained with vegetation. The revised proposal is primarily outside of the scope of the Illawarra Escarpment Strategic Management Plan and the impacts on the two (2) lots that are within the escarpment are considered reasonable given previous mining use, associated fill, current site conditions and vegetation levels. The revised Planning Proposal affects two (2) lots (Lot 2 DP 229358 and Lot 14 DP 3083) within the Illawarra Escarpment Area of the Wollongong Local Environmental Plan 2009. The lower parts of both lots are highly modified, while the bushland on the upper parts is proposed to be conserved. The areas of biodiversity value (refer to Attachment 6 – Figures 1, 2 and 3) are proposed to be zoned E2 Environmental Conservation and RE2 Private Recreation is proposed for the area subject to the golf course approval. There is minimal low density residential development and environmental living lots proposed for these lots. Nine (9) community submissions opposed the tourism and residential components of the original exhibited Planning Proposal in the escarpment area. Two (2) submissions objected to the rezoning and its impacts unless the proponent transferred significant amounts of vegetated land to National Parks. It is noted that in 2007 the National Parks and Wildlife Service indicated that it was not interested in the site, however in 2010 the NSW Department of Environment, Climate Change and Water advised that it was willing to consider whether any of the site was worthy of inclusion in the Illawarra Escarpment State Conservation Area. The area of possible interest is in the western part of the original proposal and is outside the land affected by the revised proposal. The proponent has acknowledged in their reports that some impacts on native vegetation are likely and proposes the following: • Any adverse impacts of the proposal on the Illawarra Lowlands Grassy Woodland

are proposed to be offset by undertaking ongoing recovery actions in perpetuity within the Illawarra Lowlands Grassy Woodland to be retained;

• The vast majority of residential development is proposed in the low ecological constraint area with 7ha in the moderate ecological area and 1 ha in the high ecological constraint area; and

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• The owner has indicated that they are willing to create a fund to finance vegetation management actions in perpetuity.

To further ameliorate the potential and known impacts of the proposal and to facilitate improved environmental outcomes for the site, the following recommendations are made by the proponent: • The native vegetation in the western extremities of the northern precinct which

was originally proposed to be zoned E3 Environmental Management is now proposed for E2 Environmental Conservation zone;

• A comprehensive management plan is recommended to guide the management of the proposed offsets within the study area; and

• The offsets proposed as part of the proposal should be further clarified through negotiations with Council and other relevant stakeholders. In particular, these negotiations should clarify the size of the fund required to finance ongoing recovery actions and the arrangements with respect to the transfer of HTT Huntley Heritage Pty Ltd owned lands in the western parts of the site to the National Parks Estate.

There are a range of mechanisms by which the proposed offset measures could be achieved, including: • Transfer of offset lands or part thereof to National Parks and Wildlife Service

Estate; • Transfer of offset lands or part thereof to Council as Community Land; • The development of a Biobanking Agreement over the offset lands or part thereof; • The development of a Voluntary Conservation Agreement over the offset lands or

part thereof; • The development of a Nature Conservation Trust over the offset lands or part

thereof; and • Placing a restriction-as-to-user on the affected lands pursuant to Section 88B of

the NSW Conveyancing Act 1919 requiring the implementation of a management plan incorporating the proposed offset measures.

Council officers are satisfied that the modified Planning Proposal minimises impacts on the areas of the site within the Illawarra Escarpment. Council’s assessing officer is also satisfied that a transfer of land as an offset, as offered by the proponent, is a positive addition to the Illawarra Escarpment Conservation Area. Illawarra Regional Strategy The Illawarra Regional Strategy (2007) does not specifically mention this site. The Regional Strategy promotes the West Dapto Release Area, the Wollongong City Centre and urban consolidation at commercial centres and transport modes as the key components of the Illawarra’s housing supply. The Regional Strategy also promotes the

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protection of areas with high value environments and the limitation of development in constrained environments. The revised proposal supports the Regional Strategy’s economic and employment strategies. The proposal also conforms with the Regional Strategy’s housing strategy which acknowledges that “a number of other smaller land release areas are likely to come online through the life of the Strategy”, even though the proposal was neither envisaged nor specifically mentioned in the Regional Strategy. West Dapto Release Area The eastern four (4) lots (being Lots 1 and 2 DP 549152, Lot 1 DP 382339 and Lot 1 DP 229358), covering an area of 88.01 hectares are within Stage 4 of the West Dapto Release Area. The original 2006 draft master plan for the West Dapto Release Area indicated that low density residential development was scheduled to occur on these lots in Stage 4 of the release. The revised Planning Proposal is consistent with the West Dapto Master Plan in that it proposes R2 Low Density Residential development. The proponent is seeking development to occur ahead of Stage 4 of the West Dapto Release Area. For this to occur they will be required to fund all regional and local infrastructure requirements. The inclusion of the site in the Urban Release Area map will require a Development Control Plan to be prepared and satisfactory infrastructure arrangements. Biodiversity The site of the revised Planning Proposal is highly modified and also contains two (2) Endangered Ecological Communities (EECs) being the Illawarra Lowlands Grassy Woodland (ILGW) and Illawarra Subtropical Rainforest (ISR) (refer to Attachment 6 – Figure 3). The Office of Environment and Heritage reviewed the revised proposal and provided the following information: • The proposal does not improve or maintain biodiversity values; • The proposal is inconsistent with the protection of significant native vegetation

and regional biodiversity corridors; • Should biodiversity impacts be unavoidable then the Planning Proposal should

include a viable and achievable biodiversity offset package; • The proposal should identify the conservation mechanisms to be used to ensure

the protection and management of offset areas and include an appropriate Management Plan;

• The Biodiversity Certification Assessment Methodology (BCA Method) allows for impacts on “red flag areas” such as: o Vegetation types that are more than 70% cleared;

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o Endangered Ecological Communities; o Threatened species that cannot withstand further loss; and o Areas of vegetation recognised as having regional or state biodiversity

conservation significance; • Identified offsets be permanently set aside for conservation protection together

with identified funding sources for future active management. Some appropriate measures include: o Reservation of land under the National Parks and Wildlife Act 1974; o A Biodiversity Banking Agreement in accordance with Part 7A of the

Threatened Species Conservation Act (TSC Act); o Acquisition and retirement of biodiversity credits from the biodiversity

register established under Part 7A of the Threatened Species Conservation Act; and

o Dedication of the land as a flora reserve under section 25A of the Forests Act 1916.

As noted earlier the proponent has indicated a willingness to transfer land to National Parks and offered several mechanisms to achieve the transfer of land. In this regard the concerns of the Office of Environment and Heritage are considered to be satisfactorily resolved noting that any transfer is subject to ongoing negotiations with relevant organisations. The Southern Rivers Catchment Management Authority (CMA) provided the following comments in relation to the biodiversity values of the site on the revised proposal: • Native Vegetation Act 2003 is a separate approval which may be required if

native vegetation is to be cleared in certain zones unless the clearing is otherwise excluded or permitted under the Act. The golf course may therefore require additional approvals for clearing in the proposed RE2 Private Recreation zone. This issue was conveyed to the proponent;

• The site has high biodiversity significance with nine (9) threatened species, two (2) Endangered Ecological Communities and one (1) listed migratory species recorded;

• Native Vegetation Act applies to some of the proposal (RE2 Private Recreation, E2 Environmental Conservation and E4 Environmental Living but excluding the R2 Low Density Residential). It is considered more appropriate to use the Environmental Outcomes and Assessment Methodology as it underpins the operation of the Native Vegetation Act rather than the “Biodiversity Certification Methodology;

• Clearing of endangered ecological communities does not pass the “improve or maintain” test therefore clearing cannot be offset and approval cannot be granted;

• The report prepared by the consultant indicates that up to 7.3 ha of Illawarra Lowland Grassy Woodland Endangered Ecological Communities will be lost or modified, which is considered to be a significant loss of an Endangered Ecological Communities;

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• Do not support the E4 Environmental Living zone or the proposed 1,000m² lot size because of the potential impacts on the Illawarra Lowland Grassy Woodland Endangered Ecological Communities;

• Endangered Ecological Communities are zoned either E2 Environmental Conservation or E3 Environmental Management. Any offsets should be agreed to prior to any development taking place and recommend that the proponent include Conservation Property Vegetation Plans as mechanisms for delivering offsets;

• It is preferred that good quality native vegetation is not cleared for the purpose of Asset Protection Zones;

• It appears that the Asset Protection Zones are not contained within the R2 Low Density Residential and E4 Environmental Living zones as specified in the report and that the statement contradicts the report; and

• The areas zoned R2 Low Density Residential are not covered by the Native Vegetation Act and therefore clearing in that area does not require approval for clearing.

EcoLogical Australia Pty Ltd prepared a Biodiversity Risk Assessment (28/6/11) to address the revised Planning Proposal area which concentrated on the areas to be zoned R2 Low Density Residential and E4 Environmental Living. This additional assessment was carried out in light of the initial comments relating to the original exhibited proposal. The report noted that the: • Redesign of the Planning Proposal has reduced the overall footprint of the

proposed development; • Revised proposal avoids or provides buffers to the areas of highest conservation

value vegetation, such as threatened flora known areas, fauna habitats, and retains and protects 60ha of native vegetation within the study area;

• The Endangered Ecological Communities of Illawarra Lowlands Grassy Woodland and Illawarra Subtropical Rainforest were identified within the study area, with approximately 46 ha and 19 ha of each Endangered Ecological Communities occurring within the study area respectively;

• A total of eighteen (18) threatened species, two (2) Endangered Ecological Communities and four (4) listed migratory species were either recorded or are considered likely to occur within the study area;

• High, medium and low ecological constraint assessment was undertaken for the study area having regard to the condition of vegetation and habitat;

• The vast majority of the residential development is proposed in the low constraint area, with 7 ha within the moderate and 1 ha within the high constraint areas;

• The proposed rezoning and associated residential development will result in the loss or modification of approximately 3.3 ha of Acacia Scrub;

• The proposal will not result in the loss of any Illawarra Subtropical Rainforest; • All remnant native vegetation beyond the proposed development footprint will be

retained and protected including some 38.7 ha of Illawarra Lowlands Grassy

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Woodland and 19 ha of Illawarra Subtropical Rainforest, all the known hollow-bearing trees within the study area, and all the known locations of threatened flora;

• The most substantial impact associated with the proposal is the loss or modification of up to 7.3 ha of the Illawarra Lowlands Grassy Woodland Endangered Ecological Communities. Whilst this impact is adverse, the vast majority (38.7 ha or 84%) of the Illawarra Lowlands Grassy Woodland within the study area and all the highest conservation value occurrences, will be retained and protected, as will several large patches of the community (between 6 and 12 ha in extent); and

• The proposal will also affect less than 7.3% of the estimated local occurrence of the community. Under these circumstances, the proposal is considered unlikely to result in a significant impact on the Illawarra Lowlands Grassy Woodland.

The report had various recommendations with respect to future residential subdivision approval/development stage(s), including: • Additional targeted threatened flora surveys should be undertaken within any

areas of native vegetation to be affected prior to the approval of any residential development application within the proposed E4 Environmental Living zones;

• Roads and services do not result in further impacts on native vegetation and associated habitats;

• Retaining or supplementing vegetation to provide some connectivity through the two (2) proposed E4 Environmental Living precincts in the south eastern precinct;

• Implementation and maintenance of Asset Protection Zones adjacent to the proposed residential development footprint;

• All retained vegetation beyond the proposed footprint should be protected during the construction phase;

• Strict erosion and sediment control measures must accompany any future development approvals to avoid adverse impacts on vegetation and habitats to be retained, and receiving waters; and

• An induction program should be developed for workers involved in the construction of any future developments within the study area to avoid adverse impacts during the operation and maintenance phase of the development.

In summary, the proponent has proposed several measures to offset the adverse impacts on biodiversity associated with the proposal including: • The management for conservation purposes of all the remnant native vegetation

beyond the proposed golf course and residential development footprint. This includes 58 ha of Endangered Ecological Communities or 88.5% of the Endangered Ecological Communities within the study area;

• The management for conservation purposes of all the highest conservation value native vegetation within the study area;

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• Consideration of the provision of a fund to finance in perpetuity necessary recovery actions within the “offset areas”; and

• The management for conservation purposes of much of the 250 ha of high conservation value vegetation on the HTT Huntley Heritage owned lands in the western parts of the site (the E2 Environmental Conservation and E3 Environmental Management zone lands to the west of Avondale Road) and their potential transfer to National Parks Estate.

It is considered that the revised Planning Proposal and the potential offsets measures and mechanisms are significant for the site in achieving balanced development outcomes. It must be noted that any offsetting would be subject to negotiation with the relevant State authorities, Wollongong City Council and HHT Huntley Heritage Pty Ltd using the appropriate tools and would serve to inform any future development application should the Planning Proposal proceed.

Aboriginal Cultural Heritage The original Planning Proposal identified the potential for sites of Aboriginal Archaeological significance occurring within the study area. The NSW Department of Environment, Climate Change and Water (now known as Office of Environment and Heritage) noted that the development would have significant impacts on Aboriginal heritage and that further sampling was required to confirm the extent of land filling activities on site to ensure impacts of the proposal were appropriately managed. The NSW Department of Environment, Climate Change and Water noted that the assessment of the area was limited and that the proposal appeared to impact on all areas flagged as high to moderate Aboriginal values. In response to the above comments, the proponent engaged Niche Environment and Heritage to update the Aboriginal Cultural and Heritage Assessment and to address the matters raised as part of the initial exhibition material. The following information is an extract of the report.

The Aboriginal heritage values of the subject area have previously been assessed by Biosis Research (Biosis Research, 2007). Areas of moderate archaeological sensitivity, including two (2) archaeological sites, were identified. Landform analysis, combined with low visibility, suggested areas of archaeological potential and therefore a test excavation program was required to better understand the likelihood and distribution of sites and Aboriginal objects in the subject area. The test excavation was conducted under the Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (Department Environment, Climate Change and Water NSW, 2010b) and included consultation as per the Aboriginal cultural heritage consultation requirements for proponents 2010 (Department Environment, Climate Change and Water NSW, 2010a).

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One hundred and nine (109) test pits were excavated across the areas of sensitivity defined by Biosis Research. The excavations resulted in six (6) new archaeological sites being discovered, and the extension of the boundary of the previously discovered site Avondale 1. Management areas of no, low and moderate archaeological value were determined based on these results. The test pit excavations sampled a variety of landforms and were used to further refine the sensitivity model forwarded by Biosis Research in 2007. The following observations were made:

• The hill top area is not archaeologically sensitive; • The river flats are sensitive only on their higher terraces, with the lower

terraces consisting of alluvium containing high energy and recent deposits; • The area around the existing house on the flats is heavily disturbed and not

archaeologically sensitive; • Some parts of the flats have been subject to agricultural land uses that

have resulted in them having no archaeological potential; • The ridge to the south-east of the former mine is sensitive in open

depression landform elements; • The area around site Avondale 1 where there is a flat at the base of a foot

slope is sensitive. The Niche report notes the following findings: • Six (6) sites have low significance, and two (2) have moderate significance.

These areas can be appropriately managed through existing statutory processes and do not pose a major constraint to the proposal;

• The proposed development has a limited footprint including large areas of environmental conservation and areas of potential archaeological conservation where there will be no impact;

• A comparatively small area proposed for R2 Low Density Residential and E4 Environmental Living is located on areas of moderate archaeological value and therefore could harm Aboriginal objects;

• The Aboriginal archaeological heritage matters present no major constraints to the proposed rezoning provided appropriate mitigation measures are employed and areas of archaeological values are managed in accordance with the recommendations of the report;

• Development involving ground disturbance at the identified Aboriginal archaeological sites or within areas of moderate sensitivity will require an Aboriginal Heritage Impact Permit (AHIP);

• The Aboriginal Heritage Impact Permit will be required at Development Consent stage, as the activities authorised by the Development Consent are the activities that will harm Aboriginal objects;

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• Unless avoidance can be implemented by amendment to the current site concept plan Aboriginal objects will be harmed and subject to any Aboriginal Heritage Impact Permit; and

• The proposed development concept should be able to avoid three (3) of the known sites by implementing avoidance as a mitigation strategy.

Where proposed impacts occur in areas of moderate archaeological value a salvage archaeological excavation in accordance with an Aboriginal Heritage Impact Permit, may be required. The location and scale of salvage excavations would be dependant on the final footprint of the proposed development (that is where impacts occur in the area of moderate archaeological value), and should seek to only salvage from those areas that will be impacted by the development. The purpose of the salvage excavations would be to collect further information to inform the Aboriginal history of the Huntley and Avondale areas. There is no further archaeological work recommended for the low value and no value areas as there are no constraints to excavation and landscaping within these areas. The revised Planning Proposal was sent to the Office of Environment and Heritage who provided the following comments: • Extent of “moderate” value category land area is not well supported as virtually no

testing took place (Note - 109 test pits are documented) in the areas of “low” value;

• The Aboriginal sites occurring wherever testing took place, indicates very strongly that Aboriginal objects will be present beyond the small areas defined as “sites”;

• Recommendations of assessment report focus on the areas of “moderate value” and then focus further on the smaller areas identified as “sites” where an Aboriginal Heritage Impact Permit would be required. This is misleading, as Aboriginal objects on the whole site are high and this needs to be considered for development design and future liabilities under the National Parks and Wildlife Act and Regulation 2010;

• There are no recommendations by the proponent responding to the assessment report regarding the areas of moderate value included in report;

• The entire development area is sensitive for the presence of Aboriginal objects; • Development proposed should avoid areas identified as being significant; and • Granting of future Aboriginal Heritage Impact Permits will take into account the

adequacy of the assessment attached to any application and the Aboriginal community response.

It is considered that the proponent has acknowledged that some of the site may have archaeological value which will need to be treated carefully during any development application. It is unlikely that the area which was used by the mine for coal wash and fill would contain any site significant or otherwise. The site has known Aboriginal values

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that may be managed during development application stage when the extent of development is better known. The proponent confirmed that during the preparation of the Archaeological Report, Niche Consulting undertook the following consultation with the Office of Environment and Heritage as per the Archaeological Code of Practice and the Consultation Guidelines: • Requested a list of stakeholders from the Office of Environment and Heritage; • Sent a copy of the proposed methodology (for information); • Sent intent to commence and finish work; and • Provided records for the Aboriginal Heritage Information Management System. Further testing and reports may be required to establish the extent of impacts upon the areas proposed for future residential development. Bushfire The site is bushfire affected therefore any future development in the area would need to have regard for the Planning for Bushfire Protection Guidelines and may require consent from the Rural Fire Service (RFS). The proponent commissioned EcoLogical Australia Pty Ltd to prepare an updated Bushfire Assessment (29/6/11) in response to the original comments and to address the revised Planning Proposal. The following information is an extract of the report provided by Ecological: Asset Protection Zones (APZ) • Each Asset Protection Zone complies with the minimum Asset Protection Zones

as specified by the acceptable solutions of Planning for Bushfire Protection for residential subdivision (refer to Attachment 6 – Figure 4);

• The subject land has the ability to accommodate the Asset Protection Zones required between future residential development and the bushland interface; and

• Asset Protection Zones have been approved for the previously approved Golf Course proposal, including the club house, accommodation buildings and biomechanics facility.

Access • All six (6) development precincts are able to have safe access and egress; • Although having only one (1) access road, the northern precinct has adequate

access by providing a road network that extends to the east linking to Cleveland Road through cleared agricultural lands away from any potential oncoming bushfire threat from the west;

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• Development precincts 2 and 3 are situated along Cleveland Road and Avondale Road. The three (3) southern development precincts are all accessed off Avondale Road and linked together at each end of each precinct (south and north) allowing an alternate access/egress option for each;

• All bushland interface areas containing an Asset Protection Zone for a significant bushfire hazard can accommodate a perimeter road within the Asset Protection Zone; and

• There are two (2) small sections of interface whereby a fire trail will provide perimeter access in lieu of a public road. Both sections are approximately 200m in length and will be located outside of individual lots (under the ownership of one (1) owner ensuring their maintenance) and will form part of the Asset Protection Zone. This strategy is acceptable by Planning for Bushfire Protection.

Water Supply and other Utilities • The subject land is to be serviced by reticulated water infrastructure suitable for

fire fighting purposes. The reticulated water supply is to comply with acceptable solutions within Section 4.1.3 of Planning for Bushfire Protection and the subject land is capable of complying with the above requirements;

• In addition, the site is currently equipped with four (4) concrete reservoirs with a total capacity of approximately 1.1 million litres fed by two (2) surface water extraction licences (25,000 L/hr) and maintained operational for fire fighting purposes; and

• The subject land is capable of complying with the requirements set out in Planning for Bushfire Protection for electrical and gas supplies.

Building Construction Standards • The application of building construction standards for bushfire protection under

AS 3959-2009 Construction of buildings in bushfire-prone areas (Standards Australia 2009) is to be considered at the development application stage for individual dwellings and buildings; and

• An assessment under AS 3959-2009 is not required at the rezoning or subdivision stages.

The previous proposal included eleven (11) development precincts at various locations within escarpment bushland. The revised proposal consists of only six (6) precincts of low density residential development at the base of the escarpment foothill surrounding the proposed golf course, thus significantly reducing the length of hazard interface. The report has demonstrated that the bushfire protection measures are located within a development footprint that has been designed to minimise environmental impacts. It demonstrates that the subject land is capable of accommodating future residential subdivision and associated land use with the appropriate bushfire protection measures and bushfire planning requirements prescribed by s.117 (2) Direction 4.4 – ‘Planning for Bush Fire Protection’ (EP&A Act), Planning for Bushfire Protection (RFS 2006).

Ordinary Meeting of Council 12 December 2011 48

The Rural Fire Service was provided with the revised Planning Proposal and provided the following comments: • Note significant assessment of fire threat and potential ability of future

development to comply with the provisions of Planning for Bushfire Protection; • Applicant should be commended for undertaking such assessment at Planning

Proposal stage, however it is indicative until finalised in development application; • Recommend a road design that provides a fully connected public perimeter road;

and • Emergency access and egress detailed from public road will be required. Access

through the golf course to the north during bushfire should be considered. It is considered that the proponent has satisfactorily demonstrated that the land is capable of being protected against a bushfire threat and that the proposed Asset Protection Zone can be provided within the residential zones. It is noted that more detailed assessment will be required at the development application stage consistent with any development application in Wollongong Local Government Area that is bushfire affected. Any future development application should include all Asset Protection Zones for residential areas within the residential zones. Infrastructure The area will require infrastructure to service the golf course and future residents. As noted previously, the proposal is out-of-sequence with the West Dapto Release Area Staging Plan and any local and State infrastructure requirements will need to be met by the developer. This includes road upgrades, water, sewerage and electricity. Two (2) submissions were received commenting on infrastructure. Integral Energy advised that there is currently no capacity in the existing distribution network adjacent to the site. Any proposed works required to supply the site with electricity would be required to be funded by the developer to the specified requirement of Integral Energy. The Roads and Traffic Authority (RTA) had no objection to the Planning Proposal however, noted that service provisions would need to be through a Special Infrastructure Contribution or Voluntary Planning Agreement. The works would need to be carried out and completed to the specification and satisfaction of the Roads and Traffic Authority. Council’s Section 94 officer advised that a separate agreement may be necessary for infrastructure to service the development and would need to be discussed with Council when consent for development is sought. It is also noted that the West Dapto Release

Ordinary Meeting of Council 12 December 2011 49

Area Section 94 Development Contributions Plan (2010) needs to be updated to include the subject site. Agricultural Land The NSW Industry and Investment Agriculture Division objected to the development because it considered the land as Class 2 and 3 which are important for food production. However the land which they propose has agricultural value is land that sits within the West Dapto Urban Release Area which has been identified for future residential use by Council and the Illawarra Regional Strategy. Riparian Corridors The site subject to the original Planning Proposal contained several watercourses. The majority of which are situated in the lower parts of the site being the area associated with mining (refer to Attachment 6 – Figures 5 and 6). Council received comments from the NSW Department of Environment, Climate Change and Water stating that the watercourses were not being managed and that the site contained several Category 1 Streams which require protection. The Fisheries Division required that the Vegetation Management Plans and Riparian Corridors Management Plans be prepared prior to the development of the site. The Lake Illawarra Authority did not object to the proposal but requested that Council ensure riparian corridors are maintained and that the impacts on the quality of downstream waterways leading to the lake were appropriately considered. The proponent provided the following information in response to the issues raised in the submissions and the revised Planning Proposal: • The Category 1 streams are located wholly within the land proposed to be zoned

RE2 Private Recreation which is the location of the approved golf course; • In accordance with the conditions of development consent for the eighteen (18)

hole golf course and associated facilities, a Vegetation Management Plan (VMP) has been prepared by EcoLogical Australia Pty Ltd (dated 27th June 2011), to address how the land within 40m of all watercourses will be managed in accordance with the legislative requirements; and

• This is considered to have been satisfactorily managed as part of the approved development application and the rezoning of this portion of the site to RE2 Private Recreation would only be a reflection of the approved development.

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The proponent noted that the following watercourses and riparian corridors are located within the revised Planning Proposal site; Mullet Creek; Box Creek; and Heritage Creek. These creeks are all within the proposed RE2 Private Recreation zone which is proposed over the area subject to the approved golf course. These creeks have been approved for management under the Avondale Gold Course Vegetation Management Plan 27 June 2011. Under the approved Vegetation Management Plan the methods for treatment include constructed dam and creek lines, creek line buffering, revegetation and regeneration. Council has approved the Vegetation Management Plan and the assessing officer is satisfied that under the provisions of the Plan the riparian corridors will be appropriately managed. Water Quality In the short-medium term, the future residential development on the proposed R2 Low Density Residential and E4 Environmental Living zones and the golf course will be serviced by a self-contained on-site sewage treatment plant and will incorporate best practice Environmentally Sustainable Design and Water Sensitive Urban Design principles. Measures such as appropriate sediment and erosion control, water quality and storm water management provisions will safeguard the aquatic environment and mitigate impacts downstream. In the long term, the site will be connected to the reticulated sewerage system that will service West Dapto, once it is extended to the site by Sydney Water. The GHD documentation addresses water balance, nutrient loading, impact analysis including impacts on Mullet Creek and Lake Illawarra. While these issues are outside the scope and requirements of this stage of the Planning Proposal process, the Sewerage Treatment Plant (STP) and associated irrigation of the golf course will assist in achieving the water quality outcomes, being a key factor for the management of riparian land by: • Irrigating by reclaimed effluent will be located more than 40m from watercourses.

Where irrigation areas are located within 40m of a watercourse, rainwater reuse will be utilised;

• Any unintended discharge will be of a high quality and hydraulic impacts were modelled within a Water Balance Report, confirming that the impacts will be low to very low; and

• The volume of water generated in the development under consideration is relatively small and the operator will need to be frugal in their use of the available water. The proposed irrigation system will be designed to meet the best modern practice and water logging or overland flows are unlikely to occur.

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These measures, together with the relevant conditions of the Integrated Development Consent for the golf course and associated facilities (including Sewerage Treatment Plant) relating to water quality monitoring will ensure water quality is maintained. It is considered that the riparian corridors that remain within the proposed residential zone can be appropriately managed as has occurred with the riparian corridors contained within the proposed RE2 Private Recreation zone being the site approved for the golf course. It is considered that the riparian corridors do not constrain development from proceeding on site. Contamination The site has been previously used for the purpose of coal mining and as such contamination was probable within the study area (refer to Attachment 6 – Figures 7 and 8). The NSW Department of Environment, Climate Change and Water noted that contamination should be investigated in light of the proposed residential uses. Furthermore Council requested the proponent provide information on potential contamination issues associated with the previous use. The following investigation was carried out by the proponent as detailed in the Planning Proposal report. • ‘Review of documentation relating to previous and current land use and issues of

potential land contamination of the former Huntley Colliery and adjacent land’ (‘Document Review Report’) prepared by TCG Planning dated 20 June 2011 (at Appendix G); and

• ‘Preliminary/Targeted Soil Investigation at Huntley Heritage Mine Rehabilitation and Dairy Farm Residential Sites’ prepared by Pacific Environmental dated 22 June 2011.

The Document Review Report: • Identifies the specific area(s) of the Planning Proposal site that is subject to

rehabilitation and associated License; • Outlines materials imported to the site; • Summarises a previously prepared ‘Phase 1 Contamination Assessment Report’

prepared by GHD in 2007. This report applied to the original Planning Proposal area (i.e. including the now removed ‘western lands’), and has been referenced in previous documents provided to Wollongong City Council prepared by TCG Planning relating to the Planning Proposal (e.g. ‘Precinct Acceleration Gateway Justification Report’ 2009), however it appears this report was inadvertently not provided to Council at that time; and

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• Provides information on how the matter of contamination was addressed in the assessment and approval of Integrated Development Application (DA-2009/1037) for the eighteen (18) Hole Golf Course and Associated Facilities.

HTT Huntley Heritage Pty Ltd engaged Pacific Environmental to investigate the potential for contamination in the soils that underlie the proposed housing development that forms part of the former Huntley Heritage rehabilitated mine site and the former dairy farm that formed a buffer to the mine site. The report includes a historical review of the site, as well as soil sampling in the areas proposed to be zoned to permit residential development. It is noted that only the eastern portion of the southern-middle proposed residential precinct is located in the area of the former Huntley Colliery rehabilitation works. The remaining residential areas are on land outside of the rehabilitation area. The report also provides a summary of the laboratory test results which were undertaken in accordance with ‘Planning Guidelines for State Environmental Planning Policy (SEPP) 55 - Remediation of Land’ (DUAP and EPA 1998). From the soil sampling results and historical review of the site, the ‘Preliminary/Targeted Soil Investigation at Huntley Heritage Mine Rehabilitation and Dairy Farm Residential Sites’ prepared by Pacific Environmental dated 22 June 2011 report concluded that: • The site soils meet all the relevant criteria (being the National Environment Plan

Measure for Residential Development (NEPM A), and the NSW DEH Guideline “Guidelines for Assessing Service Station Sites (Updated 21st February 2008)”;

• The land proposed to be zoned and developed for residential development is not contaminated, does not require further detailed investigation and does not require remediation works (as defined by SEPP 55); and

• No recommendation is made with respect to remediation of the site in relation to contamination of soil or groundwater.

The report concluded that the matters of contamination of the site were satisfied and it is confirmed that the site is suitable for the proposed recreational and residential uses of the land as sought by the Planning Proposal. Flooding There were no submissions received in regards to flooding impacts however, the NSW Department of Environment, Climate Change and Water noted that the land was flood prone and that further investigation may be required (refer to Attachment 6 – Figure 9). Below are the findings from the report included in the Planning Proposal documentation in relation to flooding and flood access during flood events:

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• In the event of flood, modelling indicates that the proposed entry road is flood free in the 1 in 100 year Average Recurrence Interval (ARI) storm event. The entry road to the approved golf club and other adjacent buildings is inundated in the Probable Maximum Flood (PMF);

• In establishing the acceptable level of access, the existing flood affectation of Cleveland and Avondale Roads was accepted by Wollongong Council for Integrated Development Application DA-2009/1037 for the Golf Course and Associated Facilities. Reliable access (up to a depth of 320mm) is achievable during the 1% Annual Exceedance Probability (AEP) flood event at the golf club access road and Avondale Road at the western part of the Planning Proposal site;

• Flood free access can be achieved from the approved golf club and other adjacent buildings via an all weather access road that traverses the golf course and crosses the eastern catchment watercourse;

• Evacuation due to flood waters is unlikely to be required as all of the residential areas will be located above the Probable Maximum Flood (and flood planning level (FPL), which is set at 1% Annual Exceedance Probability +500mm freeboard) and the flood event is a relatively short event, being in the upper catchment area of Mullet Creek. However, it is noted that the access roads adjacent and near to the Planning Proposal site are affected by flood waters in the 1 in 100 year Average Recurrence Interval, presenting a potential access and isolation issue, particularly in times of emergency;

• It is noted that the following roads east of the subject site are inundated during the 1 in 100 Average Recurrence Interval to depths exceeding ‘reliable access’: o Avondale Road approximately 700m to the east: exceeds depth of 1.5m; o Cleveland Road bridge adjacent to the north-eastern boundary of the

subject site: exceeds depth 1.5m; o Cleveland Road approximately 170m east of the bridge: approximate depth

of 1.25m; and o All of the above affected roads are relatively short lengths of road;

• All land proposed to be zoned for residential development (E4 Environmental Living and R2 Low Density Residential) is located above the Probable Maximum Flood as identified in these studies and therefore is above the “flood planning area” as required by the Ministerial 117 Direction for flood prone land. There is opportunity to alter the flood extent of the middle-southern residential zone as the final formation of Heritage Creek is yet to be determined as it is still subject to rehabilitation works; and

• The revised Planning Proposal has regard to the potential to extend the R2 Low Density Residential zone eastward slightly and future development for residential purposes will be subject to a revised flood study for this extent.

It is considered that the flooding impacts for the proposed residential zones, including access, have been satisfactorily addressed for the purpose of the Planning Proposal however, the level of flood access available will need to be further considered when

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development applications for residential development are submitted to determine any required access upgrades. Visual Assessment A Visual Assessment was completed upon the request of Council. The following views were provided. External views from roads: 1 Cleveland Road, Dapto (railway bridge adjacent to Dapto High School) – distance

of 4.9km; 2 East of the site on an elevated section of Cleveland Road, Avondale on approach

to the subject site– 420m; 3 East of the site on an elevated part of Avondale on approach to the subject site –

1.45km; 4 Cleveland Road, Avondale (immediately adjacent to the site, looking north-west)

– adjoining; and 5 Cleveland Road, Avondale (immediately adjacent to the site, looking south) –

adjoining; Internal Views from mid-point of the subject site (from approved) golf club site: 6 Looking northward; and 7 Looking eastward. These sites were the only locations (or otherwise very similar points) from where the subject site is visible. All sites could be considered as local visual catchment as the site is generally only visible within a 4.5km distance. The site appears to have limited visibility from most public places due to the natural landscape screening via ridgelines surrounding the site. Having regard to location of the landform to the east in particular, visibility of the land to permit residential development will be apparent only upon immediate approach to the subject site. The residential development will become a new suburb surrounding a fully landscaped golf course having its own identity of appearance and “Golf Course estate gateway” character as viewed from Cleveland and Avondale Roads immediately adjacent to the site. Social and Economic Impacts Council received two (2) submissions relating to the Huntley Hillclimb track which has been used by the Wollongong Sporting Car Club since 1953. The submissions requested that the event be considered in the assessment of the Planning Proposal.

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The scope of development and its impact on the Huntley Hillclimb are unclear, as the Planning Proposal considers the land’s appropriateness for the proposed use and not the final development form. It is considered that as the roads are public roads, it is unlikely the event would cease as a result of the Planning Proposal, especially considering that the lower lands are considered part of the West Dapto Release Area which is primarily for urban purposes. The following are considered additional social and economic impacts of the Planning Proposal: • Creation of housing choice; • Creation of construction jobs and flow on effects to business; • Infrastructure and housing to support the golf course as a tourist attraction for

Wollongong; • Potential for land to be dedicated to National Parks and Wildlife for the Illawarra

Escarpment State Conservation Area as well as associated funding for maintenance (subject to future discussions and agreements); and

• The infrastructure would be provided with minimal cost to Council (proponent would be required to fund costs via a Planning Agreement or the like) as part of Planning Proposal.

Further amendments proposed by Council The revised proposal submitted by the proponent has been reviewed by Council officers which has resulted in some additional amendments (“revised amended proposal”), including: • the expansion of the E2 Environmental Conservation and E3 Environmental

Management zone into the proposed RE2 Private Recreation zone, to better conserve the existing vegetation;

• the straightening of zone boundaries to reduce edge effects, generally to expand the E2 Environmental Conservation zone;

• increasing the minimum lot size in the E4 Environmental Living zone from 1,000m² to provide larger lots that will be able to allow dwellings to be more sensitively placed;

• decreasing the minimum lot size for the small patch of R2 Low Density Residential land (6,622m²) on the northern side of Avondale Road (opposite the entrance gate) to 300m² and increasing the floor space ration to 0.75:1, to encourage small lot or town house style development. The extent of residential zone land in this small precinct was reduced to conserve archaeological sites.

It is considered that there may be further opportunity to review the minimum lot size in the R2 Low Density Residential precincts adjacent to Avondale and Cleveland Roads. However, the revision should be undertaken as part of the development of a masterplan and neighbourhood plan for the development.

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Options Council has the following options with regard to the revised amended Planning Proposal: 1 Resolve not to progress the revised Planning Proposal. The zoning of the land

will remain unchanged. 2 Resolve to progress the revised amended Planning Proposal to the NSW

Department of Planning and Infrastructure for review and approval as an amendment to the Wollongong Local Environmental Plan 2009.

3 Resolve to, progress only part(s) of the revised amended Planning Proposal to

the NSW Department of Planning and Infrastructure for review and approval as an amendment to the Wollongong Local Environmental Plan 2009. It is noted that a substantially modified proposal may require a further Gateway determination and exhibition.

4 Resolve to exhibit the revised amended Planning Proposal as submitted by the

proponent for further community comment. Option 2 is recommended. As the proponent has demonstrated that the land is capable of supporting residential development around the golf course and has considered the need for mitigating environmental impacts to support a rezoning. A partial rezoning of the site is necessary to remove the 1 Non Urban and 7(b) Environmental Protection Conservation zones from the Wollongong Local Environmental Plan 1990 and bring these lands into the Wollongong Local Environmental Plan 2009. This option will not have any further environmental impacts as the rezoning would be solely to reflect the approved land use being the golf course.

Conclusion The Planning Proposal in its revised (lower impact) form is a significant improvement on previous plans submitted to Council. The reports and referrals indicate that there is potential for the land to support the rezoning of land surrounding the approved golf course (currently under construction). The land is capable of being developed in a sensitive manner and the revised Planning Proposal satisfactorily addresses the issues raised previously by Council and State Authorities. It is likely that a number of issues will need to be resolved at development application stage. This is preferable as the type of information needed to satisfy the

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resolution of these issues would only be available at the detailed design stage of the subdivision and construction of dwellings. The applicant has prepared updated reports and addressed issues that resulted from the exhibition. The environmental outcomes are considered to be significantly improved as a result of this work. It is recommended that Council support the submission of the revised Planning Proposal to the NSW Department of Planning and Infrastructure for approval as an amendment to the Wollongong Local Environmental Plan 2009.

BACKGROUND Huntley Colliery was established in 1946 and bought by the State Government in 1951 to supply coal to the Tallawarra Power Station. The mine closed in 1989 and was sold by the State in the 1990’s. In 1998 the Minister for Mineral Resources approved the mine rehabilitation plan which required: 1. The tailing dams be filled, stabilised and rendered incapable of holding water, consistent with

the requirements of the Dams Safety Committee; 2. All slopes be re-contoured to promote long term stability and to facilitate re-vegetation; 3. Land disturbed by mining related activity be rehabilitated; and 4. The site returned to a state equivalent to the pre-mining land use or to an agreed land use that

is compatible with the surrounding land fabric. In December 2004, Council approved DA-2004/1349 for inert waste land filling to occur on-site and rehabilitation of the Tailing Dams. In March 2006, the Department of Planning approved the re-opening of Avondale Mine and the removal of 20,000 tonnes of coal. The Major Project application for Stage 2, being the removal of 200,000 tonnes of coal (MP06/41) has yet to be determined by the Department of Planning. The Joint Regional Planning Panel on 3 December 2010 approved Development Application (DA-2009/1037) for an 18 hole golf course and associated facilities (club house, sports education centre, 60 self contained golf lodges) on the south east part of the site. This use was permissible under Wollongong Local Environmental Plan 1990 as a recreational facility. The middle part of the site (elevation 60-160m) is currently comprised of large rural residential lots that are predominately covered in bushland and are within the Illawarra Escarpment. The former mine buildings are located at elevation 300m at the base of the Illawarra Escarpment cliffs. The western boundary of the site is at the top of the Illawarra Escapement at elevation 500-560m. Table 1 provides a summary of the twenty (20) lots, their current area and zoning. Attachment 2 is a copy of the current zoning map. Table 1 – Subject lots, area and zoning Lot & Deposited Plan

Site Area Current Zone - Wollongong LEP 2009

Current Zone - Wollongong LEP 1990

Proposed Zone - Wollongong LEP (West Dapto) 2010

Lot 26 DP 3083 29.75 ha E2 N/A N/A Lot 1 DP 386238

0.705 ha E2 and E3 N/A N/A

Lot 1 DP 415430

4.47 ha E2 and E3 N/A N/A

Lot 27 DP 3083 37.990 ha E2 N/A N/A Lot 49 DP 751263

20.230 ha E2 N/A N/A

Lot 55 DP 751263

19.420 ha E2 N/A N/A

Lot 10 DP 867347

68.830 ha E2 N/A N/A

Lot 1 DP 120957

56.388 ha E2 and E3 N/A N/A

Lot X DP 416731

0.752 ha E3 N/A N/A

Lot B 2.276 ha E3 N/A N/A

Lot & Deposited Plan

Site Area Current Zone - Wollongong LEP 2009

Current Zone - Wollongong LEP 1990

Proposed Zone - Wollongong LEP (West Dapto) 2010

DP 106828 Lot 1 DP 659618

0.392 ha E2 and E3 N/A N/A

Lot 1 DP 655151

1.619 ha E2 and E3 N/A N/A

Lot 21 DP 1079478 (owned by DTC No.1 Pty Ltd)

61.01 ha E2 and E3 N/A N/A

Lot A DP 106828

0.8644 ha E3 N/A N/A

Lot 2 DP 229358

37.518 ha RU2 N/A N/A

Lot 14 DP 3083 53.522 ha RU2 and E2 N/A N/A Lot 1 DP 549152

0.216 ha N/A Non Urban 1 Deferred - was proposed to be E2, E3, RU2 and R2

Lot 2 DP 549152

46.523 ha N/A Non Urban 1 Deferred – was proposed to be E2, E3, RU2 and R2

Lot 1 DP 382339

0.085 ha N/A Non Urban 1 Deferred – was proposed to be R2

Lot 1 DP 229358

41.733 ha N/A Non Urban 1 Deferred - was proposed to be E2, E3, E4 and R2

Total 484.2934 ha

In September 2006 a rezoning proposal was lodged with Council seeking: 1. Village Centre comprising a small retail centre (600-1000m² of retail floor space) to serve the

new community and visitors; 2. International standard golf course – eighteen (18) holes; 3. Golf course club house and recreation centre; 4. Upper terrace – reuse of the Huntley mine buildings and mining area for an ecotourism

development comprising a boutique hotel and self contained tourist accommodation; 5. Steep upper ridge – dwellings set into the escarpment with the density of one (1) to two (2)

dwellings per hectare; 6. Rural Valleys - rural living dwellings on large lots of five (5) dwellings per hectare; 7. Ridgeline forest – suburban residential development around the golf course on the former

rehabilitated ash pond at ten (10) dwellings per hectare; 8. Rehabilitated flat land – residential development around the golf course at ten (10) – fifteen (15)

dwellings per hectare; 9. Lower south-east facing slopes – suburban family living at ten (10) dwellings per hectare; and 10. Funicular rail – possible reuse of the former coal conveyor line as a transport route/tourist

attraction. In total, the original concept plan proposed some 700 dwellings. On 7 May 2007 Council considered a report on the proposal and resolved that:

1. Council endorse the commencement of the rezoning process for Huntley Mine and Avondale Collieries site;

2. A draft Local Environment Plan be prepared in accordance with Section 54 of the Environmental Planning and Assessment Act 1979 to amend the draft Wollongong Local Environmental Plan 2007;

3. The Department of Planning be advised of Council’s resolution; 4. Section 34 and 62 consultation commence with relevant Statutory Authorities; 5. A further report on the proposal be submitted to the Environment and Planning Committee

following receipt of advice from the Department of Planning and Statutory Authorities and the submission of additional information from the proponent; and

6. The proposed lifestyle residential development in the Illawarra Escarpment not be supported at this time, and be reviewed once Council has considered the recommendations of the Illawarra Escarpment Land Use Review.

The draft Local Environmental Plan was not supported by the NSW Department of Planning LEP Review Panel. However, the (then) Minister for Planning invited the proponent to prepare and submit a “Gateway” proposal to justify the rezoning of the site. In May 2009, the Department advised the proponent and Council that the draft Local Environmental Plan was being returned to Council for assessment. The proponent also made a submission during the exhibition of the draft Wollongong Local Environmental Plan 2009. As part of its consideration of submissions, Council at its meeting on 28 July 2009 resolved that:

The additional information for the Huntley Mine rezoning be submitted to the Department of Planning for evaluation. The proposal include the additional use of “hotel and motel accommodation” on the former mine entrance part of the site (Lot 27 DP 3083). If endorsed by the Department of Planning the draft proposal will be exhibited for community comment.

SUMMARY OF SUBMISSIONS

Community Submissions No. Address Submission Comments C1 Neighbourhood

Forum 5 Land ownership of escarpment. Reintroduce the Fair Trading Scheme. No land should be rezoned to allow dwellings unless significant

areas are transferred to public ownership. Guidelines should be developed to establish a process for these

transfers. Escarpment lands be incorporated into National Parks.

C2 DTC No. 1 Pty Limited

Supports the proposal in principal. Re: Lot 21 DP 1079478 – 11 rural residential lots are appropriate

but the remainder should be considered for minimum lot size of 10ha.with an E3 zone (previous submission attached).

C3 TCG Planning

(Proponent) Minor omission from proposed zone map which relates to

identification of R2 zone - 6 lots west of Cleveland Road. These are identified on the Master plan which was placed on

exhibition.

C4 National Parks Association of NSW - non govt Wollongong

Object to the proposal. Threat to bushland. Lack of consistency with overall planning blueprints. The hotel is too high in the escarpment. Accelerated land release that is not planned from decades. Isolated. No commercial services. No public transport or other infrastructure. Car dependant. Add stress to Dapto town centre. EEC’s. Consistency with Escarpment Plan should be considered. Reports of dumping contaminated fill. Request a public inspection of land.

C5 Resident Wollongong (2 submissions)

Wants justification for the minimum lot sizes of R2 and E4. Requests an on-site meeting. Wants the buildings removed and the area restored to bush. Objects to proposal in the escarpment.

C6 Resident Marshall Mount

Object to SP3 Tourist Zone – undesirable precedent. Affected by cliff rock fall which cannot be prevented. Bush Fire Report recommends 10m buffers – seems inadequate. If

a larger buffer is required too much vegetation will be lost. Contrary to the Draft Illawarra Biodiversity Strategy and IRS. Tourist component should be relocated to adjoin golf course. Walking track through the escarpment – better tourist outcome.

C7 Resident Dapto

Own Lot 1 Avondale Colliery Road (Lot 1 DP 867347). Inconsistent IESMP – particularly the rural residential and hotel

SUMMARY OF SUBMISSIONS

Community Submissions No. Address Submission Comments

components. Risk accelerating creek line degradation. Inadequate fire escape roads (for existing & potential residents). How will trespass, noise, fire risk and traffic be mitigated for

current residents? Requested a meeting with the developer. Avondale Road is inadequate. Currently opposed to proposal.

C8 Resident Thirroul

Site is unsuitable. Issues include fill, toxicity, flooding, and traffic.

C9 National Trust of Australia (Illawarra –Shoalhaven)

Objects to the proposed rezoning of E2 and E3 for SP3. Core needs to be protected. Landscape and Visual Impact Assessment should have been

conducted. Provision of second access is opposed –impacts on ecosystem. In principle support to building reuse but not new structures on

the remnant slabs. If however additional development approved then needs to be

small scale and subject to VIA. Ensure retention of trees. Fair Trading Scheme needs to be reintroduced to enable land to be

transferred to public ownership.

C10 Wollongong Sporting Car Club

Huntley Hillclimb provides the Illawarra with its only motor sports venue.

Valuable opportunity through community participation and driver training/mentoring.

Concerned about the impacts on the event which is integral to the club.

Club has existing infrastructure in place. Request that the impacts be taken into account.

C11 Resident Yallah

Huntley Hillclimb track used by Wollongong Sporting Car Club since 1953 should be considered in the assessment.

C12 Resident

Keiraville NSW Opposes the components that impinge on escarpment. No land in E2 or E3 should be rezoned unless significant areas are

transferred to public ownership. Clear guidelines be drafted to facilitate the transfer. Current proposal be deferred until a Fair Trading scheme exists.

C13 Petition from Dapto residents

174 signatures. The site has no water supply or sewer connection. Effects of run off on Mullet Creek. Avondale Road is aging and Cleveland Road is not a practical

alternative.

SUMMARY OF SUBMISSIONS

Community Submissions No. Address Submission Comments C14 Petition Dapto

residents 60 signatures. The site has no water supply or sewer connection. Effects of run off on Mullet Creek. Poor conditions of the road and traffic increases.

State Government Authority Submissions No. Address Submission Comments SA1 Sydney

Catchment Authority

As a small part of Lot 55 DP 751263 is located in the drinking water catchments of Sydney and adjacent regional centres.

Therefore the proposal should be consistent with the Drinking Water Catchments Regional Environmental Plan No1.

Planning direction 5.2 Sydney Drinking Water Catchments therefore applies.

Objects to allowing ‘recreational activities (outdoor)’ as an additional use, some of these uses as defined in dictionary are inappropriate.

SA2 Rural Fire

Service Does not support the rezoning of land to allow tourist and hotel

accommodation (Zone 1). o Issues to be address include density and use versus level of risk. o Isolation generates evacuation difficulties. o Access and egress arrangements must be compliant with Planning

for Bushfire Protection (PfBP). Do no support the proposed layout in Zone 3 and 4 (Residential). The provision of one road in and out and no perimeter road is not

supported. Residential could supported if proponent addresses:

o Proposed density with the level of risk; o Identify the potential bush fire threat to individual sites; o Provisions consistent with Planning for Bushfire Protection

(PfBP) re minimum residential lot depths to accommodate asset protection; access and egress which is safe operational access for emergency services to an area while residents evacuate; adequate water supply etc;

o Identify if bush fire measures will adversely affect the environment; and

o Minimise the perimeter of area interfacing the hazard which may develop.

Seek further information on access arrangement for the proposed Rural Residential Zone 2.

APZ identified by the report may not be suitable for future development depending on the exact location of the building envelope (should only be a guide).

Report does not reflect the introduction of AS3959-2009 “Construction of buildings in bushfire prone areas’.

Advises Council to limit of exclude development in bush fire prone areas where:

SUMMARY OF SUBMISSIONS

State Government Authority Submissions No. Address Submission Comments

o Difficult to evacuate; o Create access and egress difficulties; o Result in increased Government spending on bushfire

mitigation, infrastructure or service; and o Incur significant environmental costs.

SA3 Integral

Energy No capacity in existing distribution network adjacent the site to

supply the proposed development. Integral proposes to establish a new 132/11kV zone substation

funded by Integral in 3-5 years subject to Integral receiving commitment from the customer that the development will proceed and obtaining title of a site for the substation.

Two new feeders will be required from the substation to the development these will be funded and constructed by the customers.

Customer will be responsible for installation and funding of the “connection assets”.

SA4 Wingecarribee

Council Planning Proposal is satisfactory. Pleased for residents and visitors that the site is being proposed for

a recreation use and that the location of these on the lower escarpment will minimise visual impacts.

SA5 Lake Illawarra

Authority No objection provided:

o Ensure appropriate zones for riparian corridors are maintained; o Impacts on quality of downstream waterways leading to Lake

Illawarra are considered; and o On-site sewerage treatment plant must have safeguards - no

detrimental effects downstream at any time.

SA6 RTA Arrangements need to be made for service provision with Special Infrastructure Contribution or VPA.

No objection provided: o Traffic signals provided at Princes Highway and Huntley Road; o Prior to CC SIDRA modelling be undertaken to justify the

layout of signals (10 year scenario); o Prior to issuing CC concept plan be provided to RTA showing

property boundaries; o All road works, traffic control facilities and other works

including property acquisitions will be at nil cost of RTA; and o All work to be completed prior to occupation developer will be

required to enter into a Works Authorisation Deed. Huntley and Avondale Road from its intersection at Huntley Road

be upgraded to Council standards prior to occupation of area. Relocation of any utility poles with the clear zone of the roads

required to be upgraded.

SA7 Department of SP3 Tourist inappropriate due to: remoteness, steep terrain,

SUMMARY OF SUBMISSIONS

State Government Authority Submissions No. Address Submission Comments

Environment Climate Change and Water

potentially unacceptable bushfire risk, limited emergency access/egress, large extent of clearing required to meet bushfire protection requirements, direct environmental impacts.

Rural residential development not well justified. RU2; RE2 and R2 have less environmental constraints however

there are concerns relating to Aboriginal cultural heritage, bushfire and impacts on identified EECs.

In south-western part of site the proposed RE2 and R2 zone boundaries extend into E2 – unacceptable.

E2 lands in west of site forms part of ‘core’ or ‘support for core’ conservation lands and should be protected, consistent with IESMP 2005.

Proposal inconsistent with Section 117(2) Direction No. 13[sic - 2.1], Part 1 (Environmental Protection Zones).

Bioregional Assessment Study Part III 2002 identifies all land portions within the study area bar Lot 1 DP 229358, as being of highest conservation value.

Inconsistent with Illawarra Regional Strategy does not appear to reflect a ‘long-term strategic vision for protecting these escarpment lands and the regional Moist Forest Fauna Linkage: a virtually continuous habitat corridor’.

Significant loss of two endangered ecological communities (Illawarra Subtropical Rainforest-ISR and Illawarra Lowland Woodland) will occur as a result of development (including clearing for APZs).

Preliminary review reveals 15ha of ISR EEC may be cleared or modified to accommodate APZs for tourist accommodation.

Recommend a biodiversity assessment be undertaken. Council must undertake own assessment under Section 5A of the

EP&A Act 1979 with regards to threatened species. Submitted Flora & Fauna Assessment states biobanking or other

compensatory measures may be required, however compensatory measures are inappropriate as extent of impacts on flora and fauna have not yet been identified and assessed.

Submitted Flora and Fauna Assessment inadequate, does not quantify extent or magnitude of impacts to vegetation, habitats & fauna.

Proposal does not include adequate detail on protection of Riparian Corridors (all land in study area contain Category 1 streams).

The proposal has the potential to impact on areas of Aboriginal cultural sensitivity. Recommend further systematic sampling for Aboriginal archaeological evidence and further consultation.

Management of Aboriginal heritage through stop work provisions as recommended in submitted BIOSIS report 2007 is not appropriate and not supported.

Potential for objects to occur across the landform and potential heritage values should be identified and assessed at rezoning stage to ensure adequate protection.

Possibility of contamination residential may not be appropriate use in these areas. Further investigation to confirm extent of land filling

SUMMARY OF SUBMISSIONS

State Government Authority Submissions No. Address Submission Comments

upon site is required. Recommends following principles, taken from IESMP, be applied

to any revised zonings and permissible uses: o no clearing of native vegetation for dwelling site/provision of

services/ for APZs; o contain APZs in already cleared areas; o ecological restoration where possible; o vegetated buffers adjoining high conservation land and riparian

corridors. Recommend careful consideration be given to potential impacts of

flooding on site as part of rezoning process. The submitted documents do not clearly identify the nature and extent of flooding on the site as it relates to the propose land use zones.

SA8 NSW Industry

& Investment Agriculture Comments: Prime agricultural lands will be developed for housing and

recreation. Illawarra Regional Strategy recognises their importance and should be considered.

Should be consistent with the intent for the area – vision or master plan for West Dapto.

I&I does not consider the Class 2 and 3 lands (north of Avondale Road, east of Cleveland Road and south of Avondale Road) are suitable for residential development given the importance of these lands for food production.

Recommend considering the need for this development given the release of West Dapto.

Mineral Resources Comments: Further mining unlikely. I&I Minerals have no objection to proposed rezoning on the

condition discussions continue between the proponent and Gujarat NRE.

Should take into account previous mining related uses which may limit future uses or require additional treatment.

Consideration of subsidence is recommended and Mine Subsidence Board should be contacted.

Fisheries/Aquaculture Comments: Solomons Gully Creek- tributary of Mullet Creek is a key fish

habitat and must be protected through buffer zones and rehabilitation etc.

Insufficient information provided in relation to how riparian corridors will be protected and managed.

Future Vegetation Management Plans and Riparian Corridor Management Plans should be provided to I&I Fisheries prior to development of the site.

SUMMARY OF SUBMISSIONS

State Government Authority Submissions No. Address Submission Comments SA9 Southern

Rivers Catchment Authority (Additional Consultation)

Native Vegetation Act (NV Act) is a separate approval which may be required if native vegetation is to be cleared in certain zones unless the clearing is otherwise excluded or permitted under the Act. The golf course may therefore require additional approvals for clearing in the proposed RE2 Private Recreation zone. This issue was conveyed to TCG Planning.

The site has high biodiversity significance with 9 threatened species, 2 endangered ecological communities (EEC’s) and 1 listed migratory species were recorded.

NV Act applies (RE2, E2 and E4 but excluding the R2) it is more appropriate to use the Environmental Outcomes and Assessment Methodology (EOAM) as it underpins the operation of the NV Act.

Clearing of EEC’s does not pass the “improve or maintain” test therefore clearing cannot be offset and approval cannot be granted.

The report prepared by the consultant indicates that up to 7.3 ha of Illawarra Lowland Grassy Woodland EEC will be lost or modified, which is considered to be a significant loss of an EEC.

Do not support the E4 Environmental Living zone or the proposed 1000m2 lot size because of the potential impacts on the Illawarra Lowland Grassy Woodland EEC.

EEC’s are zoned either E2 or E3. Any offsets should be agreed to prior to any development taking place and recommend that the proponent include Conservation Property Vegetation Plans as mechanisms for delivering offsets.

It is preferred that that good quality native vegetation is not cleared for the purpose of Asset Protection Zones.

It appears that the APZs are not contained within the R2 and E4 zones as specified in the report and that the statement contradicts the report.

The areas zoned R2 are not covered by the Native Vegetation Act and therefore clearing in that area does not require approval for clearing.

SA10 Office of

Environment and Heritage (Additional Consultation)

The proposal does not improve or maintain biodiversity values. The proposal was inconsistent with the protection of significant

native vegetation and regional biodiversity corridors. Should biodiversity impacts be unavoidable then the Planning

Proposal should include a viable and achievable biodiversity offset package.

The proposal should identify the conservation mechanisms to be used to ensure the protection and management of offset areas and include an appropriate Management Plan.

The Biodiversity Certification Assessment Methodology (BCA Method) allows for impacts on “red flag areas” such as: o Vegetation types that are more than 70% cleared; o Endangered ecological communities; o Threatened species that cannot withstand further loss; and o Areas of vegetation recognised as having regional or state

SUMMARY OF SUBMISSIONS

State Government Authority Submissions No. Address Submission Comments

biodiversity conservation significance. Identified offsets be permanently set aside for conservation

protection together with identified funding sources for future active management. Some appropriate measures include: o Reservation of land under the National Parks and Wildlife Act

1974; o A biodiversity banking Agreement in accordance with Part 7A

of the TSC Act; o Acquisition and retirement of biodiversity credits from the

biodiversity register established under Part 7A of the TSC Act; and

o Dedication of the land as a flora reserve under section 25 A of the Forests Act 1916.

Note that the Aboriginal Cultural Heritage Assessment was not completed before the Planning Proposal.

No explanation of the values or criteria. Unclear about locations of no testing. Not that the consultation is yet to be completed with Aboriginal

community. Proposal must carefully consider the flooding issues.

SA11 Rural Fire Service (Additional Consultation)

Notes the lots will be subject to future assessment as Development Application stage.

Note significant assessment of fire threat and potential ability of future development to comply with the provisions of Planning for Bushfire Protection – applicant should be commended for undertaking such assessment at Planning Proposal stage however it is indicative until finalised in DA.

Recommended a road design that provides a fully connected public perimeter road.

Emergency access and egress detailed from public road will be required. Access through the golf course to the north during bushfire should be considered.

1 - Flora and Fauna - Survey Areas

2 - Vegetation within Study Area after NPWS (2002a)

3 - Extent of EECs, Threatened Flora and Hollow Bearing Trees

4 - APZ Locations

5 - Watercourses and Riparian Land

6 - Riparian Corridors

7 – Contamination Sample Locations – Dairy Farm North of Avondale Road

8 – Contamination Sample Locations – Mine Rehabilitation Area

9 – Flood Prone Lands

Waste & Resource Recovery Strategy 2012- 2022

Wollongong City Council

i Waste & Resource Recovery Strategy 2012 - 2022

This page has been left blank intentionally

This document is Copyright ©2012 Phil Hawley & Associates. Unauthorised copying and distribution of this document is not permitted. Licence to print this report is granted to Wollongong City Council subject to the document being printed or distributed in full, and provided that the proposed use is consistent with the stated objectives of the report. This document is commercial-in-confidence. Any representation, statement, opinion or advice expressed or implied in this document is made in good faith and the information contained in this report is based on sources believed to be reliable. However, as no independent verification is possible, Phil Hawley & Associates, together with its members, associates and employees, gives no warranty that the said sources are correct, and accepts no responsibility for any resultant errors contained herein or any damage or loss, howsoever caused, suffered by any individual or corporation.

1 Waste & Resource Recovery Strategy 2012 - 2022

CONTENTS

Contents CONTENTS.....................................................................................................................................1

Acknowledgement............................................................................................................................2

1 Why do we need a Waste Strategy?......................................................................................3 1.1 WCC Strategic Planning Context ............................................................................. 4

1.2 Strategic Direction....................................................................................................... 5

2 The Big Picture – What is driving our Strategy? ...............................................................6 2.1 External Drivers........................................................................................................... 6

2.1.1 Environmental Sustainability ..........................................................................6 2.1.2 Climate Change..................................................................................................6 2.1.3 Legislation & Policy ..........................................................................................6 2.1.4 Technology: Present and Future ..................................................................10 2.1.5 Regional Initiatives..........................................................................................10 2.1.6 Community Expectation................................................................................11 2.1.7 Population and Waste Projections ...............................................................11

2.2 Internal Drivers..........................................................................................................13

2.2.1 Relevant Council Contractual Arrangements.............................................13 2.2.2 Landfill Capacity..............................................................................................13 2.2.3 Resourcing & Financial capacity ..................................................................14

3 Where are we now? ...............................................................................................................15 3.1 Municipal Services .....................................................................................................15

3.1.1 Domestic Waste & Recyclables ....................................................................15 3.2 Waste Disposal Facilities..........................................................................................17

3.3 Resource Recovery ....................................................................................................19

4 Where are we heading?.........................................................................................................20 4.1 Focus Areas ................................................................................................................20

5 Other Strategic Documents.................................................................................................26 Acronyms .........................................................................................................................................27 Figure 1: NSW State Waste Levy...................................................................................................8 Figure 2 Municipal Waste Landfill vs Recovered Material 2003-2011 .................................16 Figure 3: Municapal Waste Recovery Rates 2008-2013...........................................................17 Figure 4: Map of Wollongong City showing location of WCC’s waste facilities................18 Table 1: NSW Government WARR Strategy Targets ........................................................7 Table 2: Past and Projected Population of Wollongong LGA, 1996-2036 .................11 Table 3: Current Data and Forecasts for Household Waste ........................................12 Table 4: Existing Major Contracts.........................................................................................13 Table 5: Resource Recovery Rates Wollongong Local Government Area................19

2 Waste & Resource Recovery Strategy 2012 - 2022

Acknowledgement This document draws heavily on and in part incorporates earlier work undertaken by several consultancies in the preparation of the Waste & Resource Recovery Strategy, and in particular that undertaken by Wright Corporate Strategy in 2010.

3 Waste & Resource Recovery Strategy 2012 - 2022

1 Why do we need a Waste Strategy? Managing waste is the single biggest budget item for Council on an annual basis. It involves capital and recurrent expenditure on services that touch the lives of every member of the community. Wollongong City Council manages over 150,000 tonnes of waste at a cost that exceeds $30 Million per year. The waste management environment is rapidly changing as it is impacted by many influences including Federal, State and Local legislation, community attitudes and expectations, limited landfill space, climate change, increasing costs and rapidly advancing technology. With the advancement of technology, WCC will be researching and implementing the new opportunities within the areas of green electricity through capturing landfill gas; recycling facilities; alternative waste technology; education programs and collection services. This Waste Strategy is a framework for Council and the community to make the transition to sustainable waste management. To achieve this Council will work on several focus areas including enhanced services and facilities. Other supporting measures will include policy, pricing, community and stakeholder engagement and education programs as well as establishing strategic partnerships with relevant organisations.

4 Waste & Resource Recovery Strategy 2012 - 2022

% of municipal material recovered from landfill

66 % by 2014

1.1 WCC Strategic Planning Context This plan has been written based on the foundations established in the “Strategic Directions 2011-14”

A vibrant and

liveable city

Viable and

sustainable assets

and services

An innovative

and progressive

organisation

One of the 11 key priorities in the Strategic Directions 2011-2014 is the Waste Management Strategy as follows: “Changes in government policy and increasing environmental standards mean we need to review our current approach to Waste Management. Our revised strategy will detail a staged approach to develop waste services and waste treatment processes that meet the needs of the community, achieve improved environmental outcomes and control the financial impact of waste management on the community”.

We will measure our performance through

TARGET

5 Waste & Resource Recovery Strategy 2012 - 2022

1.2 Strategic Direction The Strategy has been formulated to dovetail with “Strategic Directions 2011-2014” and addresses three Strategic Themes and guiding principles:

STRATEGIC THEMES

Minimise waste to landfill

Maximise the recovery of resources

Maximise landfill life

Value and protect the environment

Minimise climate change impacts

GUIDING PRINCIPLES Minimise the cost impost from waste management on the

community;

Create a informed and engaged community

As a minimum, meet legislative and regulatory requirements

6 Waste & Resource Recovery Strategy 2012 - 2022

2 The Big Picture – What is driving our Strategy?

2.1 External Drivers

2.1.1 Environmental Sustainability Environmental Sustainability involves maintaining and enhancing our quality of life, for both current and future generations, through a balance of economic viability, environmental conservation and restoration, and community well being. This is working collaboratively and creatively to better integrate short and long term economic, social and environmental considerations into all decision making within Council operations and services. It involves demonstrating leadership and accountability to our diverse community. Sustainability within Waste Services refers to ensuring appropriate measures are taken to avoid, reuse, and recycle all waste materials within Council Operations as well as encouraging all users to do the same.

2.1.2 Climate Change The NSW Office of Environment and Heritage recognises that the climate of New South Wales is changing. The average temperatures in New South Wales have been steadily rising since the 1960s. Climate change is not just about the environment; it is a diverse issue which has economic, social and environmental implications. The natural, social, and economic systems of Wollongong are all likely to be affected by the impacts of climate change. Landfill gas emissions are a contributing factor to climate change. Reducing and minimising carbon emissions will be required through future planning of the waste cycle.

2.1.3 Legislation & Policy

2.1.3.1 Federal Legislation and Policy

National Waste Policy

The Australian Government established its National Waste Policy (NWP) which sets Australia's waste management and resource recovery direction to 2020. The NWP has as its aims to:

avoid the generation of waste, reduce the amount of waste (including hazardous waste) for disposal;

manage waste as a resource;

ensure that waste treatment, disposal, recovery and re-use is undertaken in a safe, scientific and environmentally sound manner, and

7 Waste & Resource Recovery Strategy 2012 - 2022

contribute to the reduction in greenhouse gas emissions, energy conservation and production, water efficiency and the productivity of the land.

It is expected that measures will be introduced aimed at improving landfill practices and more stringent regulations, source separating wastes, reducing the toxicity of wastes to landfill, managing organics and stabilising wastes before disposal. Companion legislation has been enacted in the area of Product Stewardship and is beginning to impact products such as e-waste (television and computers) and tyres. Council is currently working with Federal and State agencies to assess opportunities under this legislation.

Clean Energy Future

Clean Energy Future is the title given to the Australian Government's Climate Change Plan, commonly referred to as the Carbon Tax. Putrescible landfills emit large quantities of landfill gas (mostly methane which is a greenhouse gas) resulting from the decomposition of organic material with the landfill. Emissions from landfills will be included in this legislation. It has been estimated that the cost of the legislation will be $30 per tonne of waste1. The liability can be mitigated through the use of gas capture as well as reduction of organic waste to landfill.

2.1.3.2 State Legislation & Policy

Waste Avoidance and Resource Strategy (WARR Strategy)

The NSW Government during 2007 released its updated Waste Reduction and Resource Recovery Strategy 2007 which sets targets in a number of key result areas.

Table 1: NSW Government WARR Strategy Targets Increased recovery and use of secondary resources

By 2014, to:

Increase recovery and use of materials from the municipal waste stream, from 26% (in 2000) to 66%

Increase recovery and use of materials from the commercial and industrial waste stream, from 28% (in 2000) to 63% and

Increase recovery and use of materials from the construction and demolition sector, from 65% (in 2000) to 76%.

Reducing toxic substances in products and materials

By 2014 or earlier:

To phase out priority substances in identified products as a first choice or, if not possible, to achieve maximum recovery for re-use.

Reduce litter and illegal dumping

Reduce total amount of litter reported annually.

Reduction in total tonnages of illegally dumped material reported by regulatory agencies and RID squads annually.

1 Association: Local Government Fact Sheet re Carbon Tax, Australian Landfill Owners, 20/07/2011

8 Waste & Resource Recovery Strategy 2012 - 2022

To encourage relevant parties to work towards these targets, the State Government has determined to use the waste levy (see next section) as the primary financial instrument to drive change. In developing the Waste Strategy, council has paid special attention to the WARR Strategy, the targets and the levy.

Section 88 Waste & Environmental Levy

The NSW Government imposes a levy on all waste received for disposal at licensed landfills within what is known as the Regulated Area of NSW. It has the power to do this under the provisions of Section 88 of the Protection of the Environment Operations Act 1997 and the levy is regulated via the Protection of the Environment Operations (Waste) Regulation 2005. For 20011/12, Wollongong City Council’s pays a levy of $78.60 per tonne of waste. By 2015/16 it is projected to be at $116.90 plus any intervening CPI increases. It is evident that the levy is now a substantial component of the cost of waste disposal. It is a significant incentive for landfill owners to recover and export materials from their landfill sites or to find alternative means of treating wastes that do not primarily rely on landfilling.

Figure 1: NSW State Waste Levy The chart below demonstrates the rapidly escalating trajectory of the Section 88 Waste Levy as it will apply to Council and the Wollongong community. At this point in time there is no indication of how the Section 88 Waste Levy might be adjusted beyond 2015-16, other than annual CPI increases. However, even without further step increments, the Section 88 Waste Levy provides significant incentive for change. For Council and the Waste Strategy, the increasing Section 88 Waste Levy has the following financial implications:

continuing to rely on landfill disposal of our wastes as the underlying waste management technology will commit the community to a future of escalating costs;

as the cost of landfill disposal of wastes increases alternative technologies that rely less on landfill disposal become more attractive;

S.88 Waste Levy Trajectory 2011 to 2020

$-

$50.00

$100.00

$150.00

2015 20202011

9 Waste & Resource Recovery Strategy 2012 - 2022

increasing the amount of material that can be recovered from the waste stream makes good financial sense.

Local Government Act

The Local Government Act 1993 (LGA) imposes on councils the responsibility to collect and dispose of waste from domestic premises within the local government area. A council is able to levy a separate charge normally called the Domestic Waste Management Charge (DWMC) for the collection and management of these domestic wastes and must not fund these from the general rates revenue (see S.504 of the LGA). This has implications for councils in establishing a waste strategy such that costs and income attributable to the collection and disposal of domestic wastes must be identified and isolated from other costs, including those associated with the receipt and disposal of commercial and industrial wastes.

10 Waste & Resource Recovery Strategy 2012 - 2022

2.1.4 Technology: Present and Future Within waste cycle there are several avenues to utilise technology to reduce the impact on the environment as well as reducing waste to landfill. Prior to entering the landfill, the recycling and reusable materials are removed. This can be achieved through the materials recycling facilities and alternative waste treatment options. The materials recycling facilities have improved the sorting of the recyclables through mechanical, optical, and technological advances. These improvements increase the amount of material that is recovered thus reducing waste to landfill. Efficiencies have also been gained in the manufacture of the end products. Another form of treatment of waste prior to landfill is to utilise Alternative Waste Technology (AWT). An AWT is primarily aimed at treating as much as possible of the waste stream, removing any recoverable materials and landfilling only a small residual. Outputs from an AWT plant may include recovered materials including composts or energy. AWTs are a relatively new development and there is much research taking place on a number of fronts. Although there are now approximately 15 full production AWT plants that have been built in Australia, almost all of them have suffered technological or process challenges. Recovering landfill gas can generate electricity that can be used internally or sent back to the electricity grid. Landfill gas can also be treated through flaring off the excess gas which will reduce the emissions into the environment. Also within a landfill operations, there are been many advancement in treatment of contaminated water that has come in contact with waste known as leachate. The leachate is treated on-site prior to is release into the water system.

2.1.5 Regional Initiatives WCC together with Shellharbour and Kiama councils are collaborating as a part of the Southern Councils Group 2 (SCG) on options pertaining to the collection and processing/disposal of municipal solid waste. WCC has the size and waste generation rates to operate independently as well as having sufficient available landfill space for the foreseeable future; it should remain cognisant of the needs of its SCG neighbours and pursue regional opportunities. The regional assessment of options3 recommended that Shellharbour and Kiama councils should pursue development of their own facilities for processing source separated organics. It also recommended that WCC should manage its waste disposal independent of actions taken by both Shellharbour and Kiama councils.

2 The SCG consists of 7 councils; Wollongong, Shellharbour, Kiama, Shoalhaven, Eurobodalla, Bega Valley and Wingecarribee. Only 3 are involved in the regional waste project. 3 Assessment of Regional Waste Processing Solutions for Wollongong City Council, Shellharbour City Council and Kiama Municipal Council Aurecon Australia Pty Ltd August 2010

11 Waste & Resource Recovery Strategy 2012 - 2022

2.1.6 Community Expectation Wollongong is a growing City that places a high value on its environment as well as waste collection and disposal. In the 2010 Wollongong Community Survey, the community have identified street cleaning and domestic, recycling and green waste collection as having high community importance. The garbage collection was also identified as having a high satisfaction rating as well. Council will widely consult with its community and other key stakeholders during this strategy implementation.

2.1.7 Population and Waste Projections The NSW Department of Planning has estimated that the population of the Wollongong local government area (LGA) is 201,200 as at 30 June 2011. This is forecast to increase to 229,700 by 30 June 2031, and increase of 14.17%.

Table 2: Past and Projected Population of Wollongong LGA, 1996-2036

Year Total

populationa

Growth rateb

(%)

Growth Index

(2006=100)Past 1996 185,300 n/a 94 2001 189,500 0.67 98 2006 194,500 0.50 100 Projected 2011 201,200 0.67 103 2016 208,300 0.70 107 2021 215,700 0.70 111 2026 223,000 0.67 115 2031 229,700 0.59 118 2036 235,800 0.52 121 Source: past data – Australian Bureau of Statistics; projections – Department of Planning. a Population numbers are for 30th June of the year shown b Annual average growth rate over the five year period ending 30th June of the year shown.

WCC will have to plan and cater for this population increase. There will be a commensurate increase in the quantities of wastes to be collected and managed. In order to make an estimation of the amount of household waste generated into the future, the amount of waste generated today needs to be divided by the population today to get a tonnage figure per capita of the population. Data provided for preparation of the waste strategy indicates that historical records on waste generation may not be reliable and are not always calculated on a consistent basis. On this basis, the per capita tonnage is assumed to remain constant throughout the planning horizon. This per capita figure can be multiplied by the expected population of Wollongong over the next 25 years to

12 Waste & Resource Recovery Strategy 2012 - 2022

estimate the amount of waste in each stream during that time. Table shows that the increase in waste from 96,951 tonnes generated by the sector in 2008/9 is expected to reach 120,931 tonnes in 2034/35. The general waste is expected to reduce with a corresponding increase in recycled materials. This assumption is based on existing trends as well as anticipated changes to facilities and services. Improvements will be made across the following focus areas: Planning controls; Education; Services; Price Controls; Facilitation; Advocacy; Enforcement; Leadership; Facilities and Finance.

Table 3: Current Data and Forecasts for Household Waste

Tonnes of General and Council Waste

2008/9 2010/11 2013/14 2034/35

Garbage and Council Waste 53,929 43,797 32,574 27,600

Recyclable Materials 19,559 25,903 35,175 58,271

Garden Organics 21,426 27,878 28,442 32,114

Council Clean-up Waste 2,037 2,637 2,690 3,038

Total Generated 96,951 100,241 98,881 120,931

Percent Resource Recovery 43% 54% 64% 75%

13 Waste & Resource Recovery Strategy 2012 - 2022

2.2 Internal Drivers Internal Drivers include internal policies as well as existing infrastructure and contractual arrangements.

2.2.1 Relevant Council Contractual Arrangements Council has contracts in place for the collection and processing of domestic waste collection. The major existing contracts that will impact on the Strategy are listed below:

Table 4: Existing Major Contracts Contract Main Functions Expiry Date General Waste

Kerbside collection of domestic garbage, disposed to landfill.

Weekly service in 80L, 120L or 240L bin On-call annual cleanup. 2m3;

30 June 2014

Recycling Kerbside collection and processing in a MRF

Fortnightly service in a 240L bin 30 June 2014

Garden Organics

Kerbside collection and processing (composting)

Fortnightly service in a 240L bin 30 June 2014

2.2.2 Landfill Capacity WCC operates 2 landfills; a minor non-putrescible landfill at Helensburgh that services the northern suburbs of the city and the major facility at Whytes Gully (Kembla Grange) that receives the bulk of the city’s putrescible wastes, including all of the waste from the domestic collection service. Whytes Gully also receives mixed solid waste from the commercial sector. Commercial quantities of Construction and Demolition (C&D) wastes are not accepted at either of Council’s landfills. These materials are accepted at and processed by any of several privately operated facilities throughout the City. However, WCC must be cognisant of the fact that most of these facilities are reaching the end of their life very soon and should facilitate the development of replacement facilities to avoid having to accept approximately 100,000 tonnes per annum of this material at Whytes Gully. The current operating landfill cell at Whytes Gully is projected to be full by the end of 2013. Space is available within the existing site to construct a new landfill cell. Council is currently working on the application for the new landfill cell at Whytes Gully. Even with the increased landfill capacity that the proposed new cell will provide, WCC will still be required to implement systems and methods to minimise waste to landfill so that the remaining landfill space is preserved for as long as possible and to achieve state government diversion targets.

14 Waste & Resource Recovery Strategy 2012 - 2022

2.2.3 Resourcing & Financial capacity Managing waste is a significant service within Council's budget with an annual cost in excess of $30 Million. It involves capital and recurrent expenditure on services that touch the lives of every member of the community. Wollongong City Council manages over 150,000 tonnes of waste per year.

2.2.3.1 Domestic Waste Management

Waste services includes the provision of Domestic Waste Management the resourcing of which is defined and controlled by specific legislation through the Local Government Act. Domestic Waste is the kerbside collection and disposal of normal household waste. The reasonable cost to council of providing the domestic waste management services must be obtained from the making and levying of a charge known as the Domestic Waste Management Charge (DWMC) and can not be recovered by the ordinary rate.

2.2.3.2 Operational Services

Operational Services including the management and operation of landfills, reprocessing and other waste management costs are managed on a quasi-commercial basis as a Business 1 Activity in accordance with the National Competition Policy. The capital, operational and rehabilitation resourcing requirements of waste facilities is included within Council's long term financial model based on the current ‘whole of life’ model for each facility. Council will consider through its long term model any future financial changes including new and enhanced infrastructure, services, legislative obligations and their impact on the whole of life cost of the facilities.

2.2.3.3 Carbon Tax

In addition the impacts of the carbon tax will need to be reviewed. The application of carbon tax will continue to beyond the life of the waste facility. A facility will be required to pay the carbon tax whilst it is emitting above the legislated threshold. It is intended that additional service costs will continue to be recovered at market price with an objective of providing a rate of return on operations.

2.2.3.4 Capital Investment

Council will need to consider on a merit basis any additional requirements for capital investment that arise out of future decisions taken in implementing this strategy. Such decisions will be evaluated through Council's business proposal process to ensure financial sustainability. Consideration may be given to all sources of funding required, including grants, loans, public private partnerships, and outsourcing.

15 Waste & Resource Recovery Strategy 2012 - 2022

TOTAL MUNICIPAL MATERIAL RECOVERED FROM LANDFILL 2010/2011

54,000 tonnes = 54%

3 Where are we now?

3.1 Municipal Services

3.1.1 Domestic Waste & Recyclables The current domestic collection services are offered to approximately 77,000 residential properties within the LGA, are all provided by contract and consist of a conventional 3-bin system (weekly garbage, fortnightly garden organics and fortnightly recycling). For the general waste service, residents can choose the size of the mobile garbage bins with a price incentive to utilise the smaller container. The default service is a 120L garbage bin with 69% of residents using this option, 25% of services use the 80L garbage bin and only 6% use the 240L garbage bin option. The fortnightly garden organics is processed by a contractor at WGRRP. Residents are able to take small quantities of mulch without charge. The recycling from the collection service is sorted at the Materials Recovery Facility (MRF) located at Whytes Gully Resource Recovery Park. For the year ended 30 June 2011, the following mass of waste and recyclables were collected and recovered from the domestic waste stream:

Total waste generated

100,000 tonnes

Waste Landfilled

46,000 tonnes

46%

Commingled Recycling

26,000 tonnes

26%

Garden Organics Reprocessed

28,000 tonnes

28%

16 Waste & Resource Recovery Strategy 2012 - 2022

Waste generation has been trending down for the past 8 years and the quantities of recovered material have been trending up. In 2002/03, the diversion rate was less than 20%.

Figure 2 Municipal Waste Landfill vs Recovered Material 2003-2011

Council’s target recovery rate is 66%. Council is progressing towards this target rapidly. Over the last 3 years Council’s recovery rate has increased from 30% to 54% in 2011. During this time Council made some major changes to items accepted for landfilling including the diversion of e-waste (TV’s & computers) and mattresses. Council also increased its education and awareness to ensure recyclable materials are not being sent to landfill. It is proposed through other major initiatives that council will continue along this trend. Council’s household cleanup now recovers e-waste (TVs & computers) as well as tyres and mattresses from households. These are sent for recycling. Council also plans on working on 9 specific focus areas to continue along this trend line. The focus areas include Planning controls; Education; Services; Price Controls; Facilitation; Advocacy; Enforcement; Leadership; Facilities and Finance. These initiatives which are detailed in section 4. It is anticipated that the recovery will again level off after this time until a possible Alternative Waste Treatment is implemented. Investigations will occur over the next 2 years to ensure the best possible choice for Wollongong City Council in the long term. Council will determine the most appropriate alternative technology by December 2014.

Municipal Waste Landfilled vs Recovered Materials

0

20000

40000

60000

80000

100000

120000

140000

160000

180000

2002/03 2003/04 2004/05 2005/06 2006/07 2007/082008/09 2009/10 2010/11

Year

tonnes

Landfilled Waste

Recovered Material

17 Waste & Resource Recovery Strategy 2012 - 2022

Figure 3: Municapal Waste Recovery Rates 2008-2013

The Commercial and Industrial recovery rate for Wollongong measured through Whytes Gully is minimal in 2010/11. This figure is considered to be underestimated due to recycled materials leaving the Wollongong Local Government Area and being recycled at larger facilities outside the Wollongong Local Government Area. Wollongong City Council does not have a current accurate picture of the diversion rate from the Construction & Demolition section.

3.2 Waste Disposal Facilities Council operates it major landfill at Whytes Gully Resource Recovery Park (WGRRP). This landfill accepts the majority of the municipal solid wastes produced within the City, including putrescible, inert and C&I wastes permitted under the operating license. Being a large licensed landfill, this facility is operated to ensure compliance with the EPA license, including lined cells, leachate control, and a rigorous environmental monitoring regime. Other facilities located at the WGRRP include inbound and outbound weighbridges, a revolve facility, a small transfer station (to separate small vehicles from the active tipping face), and recycling and garden organics drop-off areas. Garden organics are currently shredded onsite (by a contractor) and then moved off site for open windrow composting. There are plans in place for the contractor to relocate this operation to an enclosed facility on land adjacent to the WGRRP. The recyclables MRF is also located on land at WGRRP, as well as the administration offices of the Waste Management Section of WCC. A small licensed landfill is operated at Helensburgh to service the far northern suburbs of the city. This facility no longer accepts putrescible waste apart from dry domestic waste dropped off in small vehicles. The Helensburgh landfill also accepts builders waste and garden organics. All garden organics are shredded and then removed from the site for further processing by private contractors. The Helensburgh landfill, which is located on the boundary with the Royal National Park and the headwaters of the Hacking River, has been accepting waste for in excess of 50

Percentage Resource Recovery

30%

41%46%

54% 57%61% 64 - 66%

0%

10%

20%

30%

40%

50%

60%

70%

2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 year

% Resource Recovery

18 Waste & Resource Recovery Strategy 2012 - 2022

years. Due to its age and the fact that it is an unlined landfill, Council is currently working on the rehabilitation plan for the site.

Figure 4: Map of Wollongong City showing location of WCC’s waste facilities Although WCC waste facilities accept small quantities of builder’s waste, neither of them accept Construction & Demolition (C&D) wastes in significant quantities. These are mostly received by private operators in the southern parts of the city. The bulk of the C&D materials are processed by private operators for reuse with landfill of the residual in privately operated landfills. The waste levy is high on these materials and is considered a strong incentive for the removal of C&D materials from landfill. WCC has extensive data available on the generation and diversion of domestic waste and recyclables. Only limited data is available on Commercial & Industrial waste generation and recovery. This is a result of C&I collections being undertaken by private contractors generally in large capacity front-lift trucks. Anecdotally a significant quantity of C&I recyclables, particularly paper and cardboard are transported direct outside the city for processing. Within the nine focus areas WCC will be implementing measures to address the C&I waste stream. One of the first actions for Council will be to undertake a review of the C&I sector to ensure specific actions will be targeted appropriately.

Helensburgh Waste Depot

Whytes Gully Resource Recovery Park

19 Waste & Resource Recovery Strategy 2012 - 2022

3.3 Resource Recovery There is a range of initiatives in place designed to reduce waste to landfill and to return valuable resources into the productive economic cycle. The actions and facilities will follow the waste hierarchy. AVOID – REDUCE – REUSE – RECYCLE – RECOVERY – LANDFILL These include Targeted education and waste avoidance campaigns to increase waste diversion.

Revolve facility located at the Whytes Gully Resource Recovery Park exists to recover reusable articles from the incoming waste stream and offer them for sale back to the general public;

Garden Organics are shredded and removed for composting at privately operated facilities with small amounts to local residents free of charge; A portion of this material is retained on-site for residents to use free of charge.

Recyclables materials are collected through the kerbside recyclables collection service are sorted at Materials Recycling Facility located at the WGRRP

Recyclables collected at the transfer station at the WGRRP and at Helensburgh landfill are also transported to the MRF for sorting;

On-call Annual Cleanup recovers recyclables materials for sorting including e-waste, mattresses, and tyres.

Other resource recovery: facilities are provided at both Helensburgh and the WGRRP for receipt of items such as metals, used oil and e-waste.

Council will implement landfill gas recovery at Whytes Gully within the next 12 months.

Council also participates in a fridge buy-back scheme for second fridges greater than 10 years old.

Office of Environment and Heritage arrange a chemical clean-out day in which residents are able to dispose of domestic quantities of a range of household chemicals, fluorescent lights, paints, gas bottles, car batteries etc. free of charge;

WGRRP Transfer Station: facilities are provided for receipt of general mixed waste in small vehicles. The objective is to keep small vehicles separated from the active tipping face;

Table 5: Resource Recovery Rates Wollongong Local Government Area

Category Municipal C&I4 Recyclables captured 26% 10% Organics captured 28% 2% Waste disposed to landfill 46% 88%

4 Based on quantities recorded at Council facilities. It is known that there is “leakage” of recyclables outside the region so the percentage of waste to landfill is likely to be lower than that shown

20 Waste & Resource Recovery Strategy 2012 - 2022

4 Where are we heading?

4.1 Focus Areas WCC will focus on key areas while working towards our target. Council will enhance existing programs, research new markets; and work with community on new initiatives within the focus areas listed below. Given the current high diversion rate of 54% within the domestic stream, it is envisaged that improvements within the focus areas will enable WCC to meet the 66% target by 2014.

Finance

Facilities

Leadership

Enforce-

ment Advocacy

Facilitation

Prices

Controls

Services

Education

Planning Controls

Target: 66%

Diversion Rate

21 Waste & Resource Recovery Strategy 2012 - 2022

1. Planning Controls will be reviewed to ensure that developments produce minimal waste and appropriately manage it. Initiatives will include the following:

Strengthen the existing Waste Chapter of Council’s Development Control Plan (DCP) to promote source separation approaches and to respond to changing waste processing infrastructure.

Specifically review requirements for: Waste Management Plans (WMP) to address planning,

demolition, construction and ongoing use of an premise prior to DA being approved

Demolition and deconstruction activities; Multi story unit developments with attention to in unit collection

receptacles, internal transport of materials to waste storage facility, waste storage facility requirements, and general access issues for collection vehicles and bin movements required to affect collections

Mixed residential and commercial developments requirements Commercial developments waste management services to

accommodate three bin systems and DA requirements to provide information on planned external and internal collection and storage facilities

Ensure that the DA approval processes requires Council’s Waste Services Branch to review DA’s for Multi-unit Dwellings (MUD) and mixed residential and commercial developments so it can ensure that adequate services can be provided to residents once the development is occupied

To engage with and educate planners, architects, builders, developers, peak bodies and the like, in DCP waste requirements and contemporary waste management and resource recovery practices by facilitating information briefings and workshops, training initiatives and facilitating advisory mechanisms and services

2. Education programs will be developed at every level throughout the community to provide information to explain and encourage use of the waste hierarchy and to also train in waste minimisation/resource recovery strategies and tools.

Council will review existing strategies and programs and work with the community on enhanced programs.

Council will manage its data through researching and auditing the garbage, recycling and organics bins (contents and infrastructure). This information will formulate more specific education programs.

Council will work with Multi-Unit Dwellings through auditing existing services to ensure best possible bin combinations.

Council will implement an illegal dumping and littering education campaign in line with the illegal dumping and littering strategy.

22 Waste & Resource Recovery Strategy 2012 - 2022

Council will work with NSW State Government initiatives in terms of waste minimisation specifically in regards to food waste.

3. Services will be maintained and enhanced to provide the necessary services that underpin the overall objective including:

Maintain On-Call Domestic Cleanup Collection Services Provide two on call domestic cleanup collection services per year to

each Multi Unit Dwelling (MUDs) and Single Unit Dwelling (SUDs) respectively

Residents are able to place a range of materials out for collection including. E-waste (televisions, computers) - recycled Mattresses - recycled Tyres – recycled bulky waste

Council to work with improved arrangements to ensure e-waste is processed economically within new legislation.

Investigate Public Place Litter & Waste Bins

4. Price controls will be reviewed particularly for disposal of wastes to continue to encourage and reward source separation of materials and material reuse.

Adopt and communicate appropriate policy bans on readily recyclable materials going to landfill o Maintain the existing longstanding policy ban of not accepting

construction and demolition or builders waste to the Whytes Gully Class 1 Putrescible Landfill

o Maintain the ban on landfilling green waste and standard recyclable materials and promote to the broader community

o Maintain and expand as appropriate the existing policy ban on e-waste, hazardous wastes and other problematic wastes such as mattresses and tyres

Introduce pricing incentives to support source separation o Establish and promote differential waste pricing at Council waste

management facilities. Develop pricing mechanisms that encourage, reward and give incentives to waste generators to source separate materials. Charge at a higher rate for those who do not chose to source separate.

5. Through facilitation Council can encourage the development of industries and markets that will reuse, recycle, recover or reprocess waste materials. Facilitate the development of one or more private sector construction

and demolition processing and disposal facility(s) that have the capability to: o process source separated materials or partially mixed materials

including concrete, bricks, tiles, dirt into various aggregate type products;

o sort and process mixed builders waste to extract metals, untreated wood, paper & cardboard, plastics, plasterboard, concrete, bricks, tiles & dirt which are readily recyclable materials once separated;

23 Waste & Resource Recovery Strategy 2012 - 2022

o to undertake secondary processing operations on separated materials e.g. mulching or chipping wood or hammermill plaster board and screen paper fraction etc;

6. Advocacy will continue to will remain a high priority for Wollongong City Council. Council will continue to remain active within State and Regional programs.

Strategic Partnerships and Alliances o To form alliances and partnerships with other regional Councils to

pursue collaborative and cooperative waste and resource recovery initiatives where appropriate

o Council will work with “Approved Arrangements” with the Federal Product Stewardship scheme to assist with recycling of household e-waste.

o To establish links with University of Wollongong to foster local research and student placement opportunities related to waste management and resource recovery.

o To establish links with relevant local industry and organisations that may provide future opportunities to consume or utilise significant quantities of waste derived resources or be directly involved in the management of waste in a positive manner.

o To form alliances and partnerships with organisations that may have vested interests in achieving similar outcomes : Eg : Sydney Water for ensuring that household chemicals are

responsibly disposed of rather than disposed of to sewer or landfill; other regional Councils who may also be promoting a three bin source separation approach.

7. Enforcement will be strengthened through Council implementing its actions in relation to the illegal dumping and littering strategy including.

Increase the effort: make access difficult. o lighting o landscaping, revegetation or beautification o barriers, fences, locked gates, concrete blocks, log barriers, earth mounds

Increase the risk of getting caught. o strengthen surveillance, cameras, patrols in hot spots o high profile compliance campaigns o partnerships with other Councils, agencies o Publicise successes

Reduce the rewards: deny financial benefits. o provide /promote free or subsidised waste services o issue fines to offenders o require offenders to clean up

Reduce provocations: don’t give them a reason to dump. o provide efficient/well communicated waste services o reasonable waste services costs o foster community pride o keep areas free of illegally dumped material

Remove excuses: educate and inform the community.

24 Waste & Resource Recovery Strategy 2012 - 2022

o publicise waste services o carry out education programs o keep areas free of illegally dumped material o install signs at hot spots

8. Leadership: WCC will demonstrate its leadership on this issue to the wider community by practicing the tenets of the waste hierarchy in its own operations, particularly in procurement and reuse of materials.

Council will conduct a review of its own activities in relation to recycling and reuse of materials.

This review will be undertaken through the administration functions as well as the operations and construction areas.

9. Facilities – Council will continue to provide facilities to Wollongong Local Government Area to facilitate resource recovery and waste disposal.

Provide Putrescible Landfill Capacity for Wollongong’s Waste o Rehabilitate Stage 1 and 2 landfill cells at Whytes Gully o Develop the next and final Stage 3 Whytes Gully Landfill Cell which will

provide the City with 45+ years landfill capacity o Establish on-site soil excavation operations to allow cover materials to be

sourced from within the site to avoid significant costs associated with importing dirt onto the site that attracts the NSW Waste Levy

o Augment the existing landfill leachate biological treatment plant required to make the liquid that drains from the landfill environmentally safe and suitable for disposal to the sewer system

o Develop a landfill gas extraction and management system at Whytes Gully Landfill that minimises environmental and safety risks, and addresses climate change and carbon pricing liabilities through generating green renewable electricity from landfill gas

Materials Recycling Facility (MRF) o Develop a new Materials Recycling Facility (MRF) at the Whytes

Gully Resource Recovery Park to sort commingled recyclables. This facility will replace the current outdated plant that is at the end of its useful life (contract expires in 2014).

o The new MRF will have the capacity to accept mixed recyclable materials from a single commingled collection bin, bulk commercial mixed coloured glass; and bulk paper and cardboard. The MRF will also have the capacity to process the mixed standard recyclables streams that are recovered from the Transfer Station Free Recycling Drop-Off Area and the Sort Facility.

Transfer Station Drop-Off and Sort Facility o Develop a Transfer Station within the Whytes Gully Resource

Recovery Park for mixed household direct drop-off materials, small commercial loads and Council operational waste materials. The facility will have:

A free drop-off area for household and business standard recyclables

A free drop-off area for household reusable materials.

25 Waste & Resource Recovery Strategy 2012 - 2022

A dry mixed waste sorting facility for the type of waste materials deposited at transfer stations.

Alternative Waste Technology o Council will investigate Alternative Waste Technology over the next 2

years through a review of existing and new technologies. o Council will determine the best style of AWT for the LGA by

December 2014. o Council will commence planning for an Alternate Waste Technology

in 2015. Implement Landfill Gas Recovery at WGRRP

o Investigate options and technology through engaging industry experts and industry consultation

o Engage in tender process to implement system o Implement Landfill Gas Recovery System with emphasis on

energy generation. Close Helensburgh Landfill

o Close the existing Helensburgh Landfill which is an outdated suburban landfill from the 1960’s lacking modern day environmental protection designs and undertake rehabilitation works

o Facilitate long-term environmental protection, and care and maintenance activities

o Investigate alternative arrangement for existing customers

10. Finance: Council needs not only to provide price controls but to also operate its waste business in a manner that is financially viable and sustainable in the long term.

Managing waste is the single biggest budget item for Council on an annual basis. It involves capital and recurrent expenditure on services that touch the lives of every member of the community. Wollongong City Council manages over 150,000 tonnes of waste at a cost that exceeds $30 Million per year.

Council will consider within its long term planning any future financial requirements including new and enhanced infrastructure, services and legislative obligations including the carbon tax liability. The carbon tax liability will continue beyond when waste initially Landfilled, as this material will continue to generate gas as it breaks down over time.

Continue to implement Sustainable Purchasing Policy which takes into consideration sustainable work practices and minimal environmental impacts. Specifically the purchasing procedures require that any Council purchase considers the following among others:

o Only purchase goods when necessary o Purchase goods with recycled content o Purchase goods that are recycled, where available o Purchase good with minimal and recyclable packaging

26 Waste & Resource Recovery Strategy 2012 - 2022

5 Other Strategic Documents A number of background documents provide additional and supporting information to that provided in this Strategy document. These include: Wollongong City Council Waste Strategy – Assessing High-Level Options Wright Corporate

Strategy Pty Ltd January 2011 Resource Recovery and Waste Management to 2020 and Beyond: Document 6 – Alternative Waste

Management Technologies and Practises – A Situation Analysis Wright Corporate Strategy Pty Ltd August 2010

Assessment of Regional Waste Processing Solutions for Wollongong City Council, Shellharbour City Council and Kiama Municipal Council Aurecon Australia Pty Ltd August 2010

Waste Composition and Analysis Study- Wollongong City Council Waste Audit and Consultancy Services 2009

Waste Management Contracts: Situation /Future Directions Report Phil Hawley & Associates April 2010

27 Waste & Resource Recovery Strategy 2012 - 2022

Acronyms The following table defines the acronyms used in this document and they are listed in the order in which they first appear. They are also defined throughout the document on the first occasion on which they are used.

AWT Alternative Waste Treatment (or Alternative Waste Technology)

C&D Construction and Demolition

C&I Commercial and Industrial

CPI Consumer Price Index

DCP Development Control Plan

ERA Extended Regulated Area

LGA Local Government Area

MGB Mobile garbage bin

MRF Materials Recovery Facility

MUD Multi-Unit Dwelling

OEH NSW Office of Environment and Heritage (formerly the Department of Environment and Climate Change)

SCG Southern Councils Group

WARR NSW Government Waste Reduction and Resource Recovery Strategy 2007

WCC Wollongong City Council

WGRRP Whytes Gully Resource Recovery Park

WMP Waste Management Plan

Document Control: Z11/ Last Update 2/8/11

Waste Services Amendments to FEES & CHARGES 2011/2012

FEES AND CHARGES 2011/2012

Current

Fees & Charges (GST Inclusive, if applicable)

Proposed

Fees & Charges (GST Inclusive, if applicable)

Category 1 Business – Waste Management

Part 1 Household Waste

MIXED GENERAL WASTE

Minimum charge (100kg or less) - Pensioners Exempt $21.00 $21.50

GARDEN & WOOD WASTE

Minimum charge (100kg or less) - Pensioners Exempt $8.00 $8.50

PART 2 COMMERCIAL & BUSINESS WASTE

MIXED GENERAL WASTE Minimum charge ( 200kg or less ) $42.00 $43.00

GARDEN & WOOD WASTE

Minimum charge ( 200kg or less ) $16.00 $16.50 TYRES Minimum charge (less than 0.4 tonne) $97.50 $99.00

Category 7 Domestic Waste Management Service Charges

BIN CHANGE CHANGEOVER FEE Administration charge for change of bin size. Note: Residents can apply for a free change of bin size before 1 March 2012, these bins will be changed over at the end of the financial year

omitted $60.00

Original Current YTD YTDBudget Budget Budget Actual$'000 $'000 $'000 $'000

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs 93,418 93,932 46,746 48,244

Borrowing Costs 3,407 3,407 1,704 1,703

Materials, Contracts & Other Expenses 79,073 81,959 39,605 37,032

Depreciation, Amortisation + Impairment 63,424 63,424 31,712 29,041

Internal Charges (10,024) (10,031) (5,225) (4,591)

Total Expenses from Ordinary Activities 229,297 232,691 114,542 111,431

REVENUES FROM ORDINARY ACTIVITIES

Rates and Annual Charges 143,800 143,804 71,902 71,809

User Charges and Fees 28,805 29,158 14,343 14,125

Interest and Investment Revenues 4,250 5,537 2,768 3,094

Other Revenues 7,851 7,985 3,985 3,745

Grants and Contributions - Operating 21,273 22,889 12,021 12,192

Profit/Loss on Disposal of Assets 149 1,790 75 (211)

Revenues [pre capital] 206,129 211,163 105,094 104,754

Operating Result [Pre capital] (23,168) (21,528) (9,448) (6,676)

Capital Grants & Contributions 6,912 6,912 1,540 1,553

OPERATING RESULT (16,255) (14,616) (7,908) (5,123)

Surplus (Deficit) [pre capital] (16,255) (14,616) (7,908) (5,123)

Add back :

- Non-cash expenses 75,662 74,093 37,811 34,780

- Restricted cash used for operations 7,160 9,807 4,645 3,665

- Income transferred to Restricted Cash (24,124) (26,150) (11,092) (12,008)

- Payment of Accrued Leave Entitlements (8,989) (8,989) (4,494) (5,044)

Funds Available from Operations 33,454 34,146 18,960 16,270

Advances made by / (repaid to) Council (135) (135) (68) 10

Borrowings repaid (3,041) (3,041) (2,963) (2,963)

Operational Funds Available for Capital 30,278 30,970 15,930 13,317

Capital Works (66,872) (73,564) (32,180) (29,080)

Contributed Assets 0 0 0 (34)

Transfers to Restricted Cash 0 (629) 0 0

Funded From :- - Operational Funds 30,278 30,970 15,930 13,317

- Sale of Assets 424 5,461 212 605

- Internally Restricted Cash 1,900 1,971 909 1,108

- Borrowings 0 0 0 0

- Capital Grants 4,737 4,819 2,100 1,873

- Developer Contributions (Section 94) 6,749 6,956 4,276 4,839

- Other Externally Restricted Cash 14,973 15,052 4,472 3,735

- Other Capital Contributions 0 0 0 197

TOTAL FUNDS SURPLUS / (DEFICIT) (7,812) (8,965) (4,281) (3,439)

FUNDING STATEMENT

CAPITAL BUDGET

WOLLONGONG CITY COUNCIL1 July 2011 to 30 December 2011

INCOME & EXPENSE STATEMENT

WOLLONGONG CITY COUNCIL

Actual Actual2011/12 2010/11

$'000 $'000

as at 30/12/11 as at 30/6/11

CURRENT ASSETS

Cash Assets 74,175 75,211Investment Securities 8,355 9,207Receivables 4,014 16,743Inventories 8,895 8,826Other 2,705 1,027

0 0Total Current Assets 98,145 111,014

NON-CURRENT ASSETS

0 0Non-Current Receivables 3,313 3,316

0 0Property, Plant and Equipment 2,240,414 2,238,391Investment Properties 3,725 3,725Westpool Equity Contribution 291 291

Total Non-Current Assets 2,247,743 2,245,723

TOTAL ASSETS 2,345,887 2,356,737

CURRENT LIABILITIES

Current Payables 15,067 21,913Current Provisions payable < 12 months 11,106 11,485Current Provisions payable > 12 months 22,060 22,060Current Interest Bearing Liabilities 1,843 1,843

Total Current Liabilities 50,075 57,301

NON-CURRENT LIABILITIES

Non Current Interest Bearing Liabilities 16,975 16,504Non Current Provisions 41,310 40,289

Total Non-Current Liabilities 58,285 56,793

TOTAL LIABILITIES 108,360 114,094

NET ASSETS 2,237,527 2,242,643

EQUITY

Accumulated Surplus 994,158 996,485Asset Revaluation Reserve 1,188,774 1,188,153Restricted Assets 54,595 58,005

TOTAL EQUITY 2,237,527 2,242,643

BALANCE SHEET

CASH FLOWS FROM OPERATING ACTIVITIESReceipts:

Rates & Annual Charges

User Charges & Fees

Interest & Interest Received

Grants & Contributions

Other

Payments:

Employee Benefits & On-costs

Materials & Contracts

Borrowing Costs

Other

Net Cash provided (or used in) Operating Activities

CASH FLOWS FROM INVESTING ACTIVITIESReceipts:

Sale of Infrastructure, Property, Plant & Equipment

Deferred Debtors Receipts

Payments:

Purchase of Infrastructure, Property, Plant & Equipment

Purchase of Interests in Joint Ventures & Associates

Net Cash provided (or used in) Investing Activities

CASH FLOWS FROM FINANCING ACTIVITIESReceipts:

Proceeds from Borrowings & Advances

Other Financing Activity Receipts

Payments:

Repayment of Borrowings & Advances

Repayment of Finance Lease Liabilities

Net Cash Flow provided (used in) Financing Activities

Net Increase/(Decrease) in Cash & Cash Equivalents

plus: Cash & Cash Equivalents and Investments - beginning of year

Cash & Cash Equivalents and Investments - year to date

76,154

84,418

(824)

(1,474)

8,264

(150)

(49,856)

-

-

(650)

(52,562)

59,594

9,727

(85,769)

(47,806)

(1,977)

(27,598)

(11)

YTD Actual

$ '000

3,272

82,179

3,133

(24,010)

(46,173)

(15,474)

612

33,728

3 15

2,841

(36,031)

82,530

84,418

(1,888)

(200)

-

-

(200)

-

(35,416)

$ '000

14,898

15,914

137,499

28,906

4,506

42,106

-

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT

as at 30 December 2011

2011/12

Actual

2010/11

Total Cash & Cash Equivalents and Investments - year to date

Attributable to:

External Restrictions (refer below)

Internal Restrictions (refer below)

Unrestricted

External Restrictions

Developer Contributions

RTA Contributions

Specific Purpose Unexpended Grants

Special Rates Levy Wollongong City Centre

Unexpended Loans

Domestic Waste Management

Private Subsidies

Stormwater Management Service Charge

Total External Restrictions

Internal Restrictions

Community Infrastructure Fund

Future Projects / Property Development

Employee/Superannuation Reserve

Sports Priority Program

Car Parking Stategy

MacCabe Park Development

Darcy Wentworth Park

Garbage Disposal Facility

Telecommunications Revenue

Total Internal Restrictions

17,553 20,501

61 (89)

-

18,471 17,317

16,787 15,702

233 531

54 69

649

-

849

900 975

82,530 84,418

- -

2,397 537

(430) (503)

657

2,499 2,458

35,917 40,688

235

169 169

6,447 9,800

423 723

5,772 6,265

35,917 40,688

18,471 17,317

82,530 84,418 28,142 26,413

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT (cont.)

as at 30 December 2011YTD Actual Actual

2011/12 2010/11

$ '000 $ '000