paper ordinary meeting of council

BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 8 September 2014

Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong

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 25 August 2014 7 Public Access Forum 8 Call of the Agenda 9 Lord Mayoral Minute 10 Urgent Items 11 Notice of Motion 12 Item Laid on Table –

Council Meeting 25 August 2014 13 Agenda Items

Lord Mayor – Councillor Gordon Bradbery OAM (Chair)

Deputy Lord Mayor – Councillor Chris Connor Councillor Michelle Blicavs Councillor David Brown Councillor Leigh Colacino 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 8 September 2014

INDEX

PAGE NO

ITEM A Notice of Motion - Councillor Merrin - Suspension and Review of 10/50 Vegetation Clearing Code of Practice .......................................................... 1

ITEM 1 Item laid on Table - Council Meeting 25 August 2014 - Proposed Acquisition of Lot 2 DP 1153054 Short Lane, Helensburgh ................................... 3

ITEM 2 Farmborough Heights to Mt Kembla Strategic Planning Study: E2 Environmental Conservation Zoning Options ................................................... 5

ITEM 3 Future Uses of Gleniffer Brae .............................................................................. 13

ITEM 4 Policy Review: Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths ................................................................ 19

ITEM 5 Review of Alcohol Free Zones ............................................................................. 22

ITEM 6 Proposal for Exemptions from Wollongong Alcohol Free Zone During Major Events ........................................................................................................ 29

ITEM 7 Illawarra Escarpment Walking Track .................................................................... 34

ITEM 8 Proposed Sale of Lot 101 DP 1171375 Cnr Watts Lane and Bellambi Lane, Bellambi ..................................................................................................... 40

ITEM 9 Policy Review: Procurement ............................................................................... 43

ITEM 10 Policy Review: Encroachment ............................................................................. 46

ITEM 11 Wollongong Section 94A Development Contributions Plan - 2014 Update ........................................................................................................ 48

ITEM 12 Quotation E4407 - Quotation for the Lease to operate Bulli Beach Tourist Park Kiosk/Café ....................................................................................... 57

ITEM 13 Minutes of City of Wollongong Traffic Committee Meeting held 20 August 2014 .................................................................................................... 61

Ordinary Meeting of Council 8 September 2014 1

REF: CM226/14 File: CO-910.05.01.006

ITEM A NOTICE OF MOTION - COUNCILLOR MERRIN - SUSPENSION AND REVIEW OF 10/50 VEGETATION CLEARING CODE OF PRACTICE

Councillor Merrin has submitted the following Notice of Motion –

“I formally move that –

1 On the recent introduction of the Rural Fires Amendment (Vegetation Clearing) Act 2014 and the 10/50 Vegetation Clearing Code of Practice, Council notes that these provisions:

a undermine the community’s express desire to preserve the biodiversity values of Wollongong as demonstrated in Council's Community Strategic Plan, and the significant economic benefits for tourism that derive from Wollongong's natural environment;

b were introduced without clear mapping and criteria to define clearing entitlement areas at the time of public consultation, effectively preventing community input into the extent of the areas included;

c effectively limit the ability of Councils to implement their LEPs, DCPs and tree preservation provisions via the issue of conditions of consent relating to ecologically or culturally significant vegetation;

d effectively override and undermine Planning for Bushfire Protection 2006 which is the primary instrument used by the Rural Fire Service and Councils to determine appropriate bushfire asset protection zones and building standards;

e may limit development that could otherwise be approved under Planning for Bushfire Protection as councils will need to ensure that any vegetation that needs to be retained or protected remains at least 50 metres from an approved dwelling; and

f will inevitably place pressure on neighbours (including councils) to consent to clearing that they would otherwise not contemplate fearing legal liability should a fire occur.

2 Council request provision of:

a Citywide mapping of the clearing entitlement areas and the criteria for defining the clearing entitlement areas so that Council can fully assess the potential impacts; and

b The background information for these provisions, particularly on the expected reduction in bushfire hazard and ecological impacts.


3 An urgent meeting be requested with NSW Premier, The Hon Mike Baird MP, Minister for Police and Emergency Services, The Hon Stuart Ayres MP, NSW Rural Fire Service (RFS) Deputy Commissioner, Rob Rogers, and Local State Members in order to gain a comprehensive understanding of the impact for the Wollongong local government area.

4 Council write to all Members of the NSW Parliament and seek:

a An immediate suspension of these new provisions; and

b An urgent scientific review into the ecological impacts and actual bushfire hazard reduction benefits of these provisions.

5 Council seek the support of other relevant agencies such as Local Government NSW, the Southern Councils Group and other NSW coastal councils.”

ATTACHMENT

Council’s submission to NSW Rural Fire Service – Draft 10/50 Vegetation Clearing Code of Practice


REF: CM229/14 File: PR-175.01.008

ITEM 1 ITEM LAID ON TABLE AT COUNCIL MEETING 25 AUGUST 2014 - PROPOSED ACQUISITION OF LOT 2 DP 1153054 SHORT LANE, HELENSBURGH

On 25 August 2014 Council resolved as follows –

1 The matter lay on the table, pending a further report and Councillor Briefing.

2 A comprehensive report be prepared for Council that includes the full history of the site, site constraints and liabilities, valuations, financial implications and plans for acquiring or resuming remaining parcels that make up Short Lane.

___________________

In 2012, the owner of Lots 2, 3, 5 and 6 DP 1153054 Short Lane, Helensburgh offered the land to Council. As Lot 2 DP 1153054 forms a vital pedestrian connection between Walker Street and Short Lane, Council entered into negotiations and recently reached agreement with the landowner.

This report seeks agreement to the acquisition.

RECOMMENDATION

1 Council authorise the acquisition of Lot 2 DP 1153054 Short Lane, Helensburgh, as shown shaded dark grey on the attached plan, on the following conditions:

a Purchase price of $140,000 (GST exc).

b Each party be responsible for their own costs in the matter.

2 Upon the completion of the transfer, Lot 2 DP 1153054 Short Lane, Helensburgh be dedicated as public road under Section 10 of the Roads Act 1993.

3 Council authorise the affixing of the Common Seal of Council to the transfer document and any other documentation required to give effect to this resolution.

ATTACHMENTS

Plan of Lot 2 DP 1153054 Short Lane, Helensburgh

REPORT AUTHORISATIONS

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

In 2012, the owner of Lots 2, 3, 5 and 6 DP 1153054 Short Lane, Helensburgh offered these lots to Council.


The acquisition of Lots 3, 5 and 6 DP 1153054 was not perceived to be of public benefit. However, as Lot 2 forms a vital pedestrian connection between Walker Street and Short Lane, Council entered into negotiations with the land owner.

Council obtained a valuation from Opteon (South East Regional NSW) Pty Ltd Valuers and following protracted negotiations, the land owner recently accepted Council’s offer of $140,000 (GST exc) for Lot 2.

PROPOSAL

It is proposed to acquire Lot 2 DP 1153054 Short Lane, Helensburgh on the conditions set out in this report.

Upon completion of the acquisition, Lot 2 will be dedicated as public road under Section 10 of the Roads Act 1993.

CONSULTATION AND COMMUNICATION

Owner of Lot 2 DP 1153054 Short Lane, Helensburgh.

Infrastructure Strategy Planning Manager is in favour of the acquisition.

Opteon (South East Regional NSW) Pty Ltd Valuers.

PLANNING AND POLICY IMPACT

The proposed acquisition is in accordance with Council’s policy ‘Land and Easement Acquisition and Disposal’.

This report contributes to the delivery of Wollongong 2022 under the objective ‘Provide statutory services to appropriately manage and maintain our public spaces’ (Community Goal ‘We are a healthy community in a liveable city’).

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2014-15.

FINANCIAL IMPLICATIONS

Compensation in the amount of $140,000 (GST exc) will be payable by Council to the owner of Lot 2 DP 1153054 and this amount, plus Council’s costs, is available from the 2014/15 Capital Budget. The owner of the land will be responsible for his own costs.

CONCLUSION

The acquisition of Lot 2 DP 1153054 will formalise a vital pedestrian link between Walker Street and Short Lane, therefore, it is recommended the acquisition be approved.


REF: CM175/14 File: ESP-100.03.008

ITEM 2 FARMBOROUGH HEIGHTS TO MT KEMBLA STRATEGIC PLANNING STUDY: E2 ENVIRONMENTAL CONSERVATION ZONING OPTIONS

On 9 December 2013 Council resolved to endorse a Concept Plan and accompanying Planning Principles as a guide to future development potential in the Farmborough Heights to Mt Kembla study area. Council also resolved that a report be prepared canvassing options for Council to advance rezoning of areas within the study area (following the Department of Planning’s consideration of the Concept Plan) recommended to be given an E2 Environmental Conservation zoning. Council on 28 July 2014 deferred the report pending consideration by the Escarpment Planning Reference Group.

This report considers the options available to Council to advance rezoning of areas identified for an E2 Environmental Conservation zoning and recommends that future amendments be made through individual Planning Proposals.

RECOMMENDATION

The future rezoning of areas recommended for an E2 Environmental Conservation zoning in the Farmborough Heights to Mt Kembla area be advanced through individual Planning Proposals to ensure an improved environmental outcome through agreed management plans and funding mechanisms.

ATTACHMENTS

1 Letter of endorsement from Deputy Director General 2 Maps illustrating current zoning compared with areas recommended for

E2 Environmental Conservation zoning


Report of: Renee Campbell, Manager Environmental Strategy and Planning Authorised by: Andrew Carfield, Director Planning and Environment – Future City

and Neighbourhoods

BACKGROUND

In adopting the Illawarra Escarpment Strategic Management Plan (IESMP) in 2006 and the Illawarra Escarpment Land Use Review Strategy (IELURS) in 2007, Council resolved that the Farmborough Heights to Mt Kembla precinct required the development of a Master Plan to confirm the environmental and other attributes of the area as a guide to future zoning. In 2011 the NSW Department of Planning and Infrastructure also recognised potential and capacity for appropriately scaled and located development in the study area, provided this development is considered within the context of active conservation. The Department requested the preparation of a clear strategic framework against which rezoning proposals can be assessed, so that a lasting solution to the


development potential and environmental management of the area can be identified. Council resolved to support the preparation of a Strategic Planning Study at the 27 February 2012 meeting, which has been delivered through the completion of a number of specialist independent technical studies to assess the capability of the study area to accommodate any future applications for development.

On 22 July 2013 Council resolved to exhibit the draft Concept Plan developed as a result of the Strategic Planning Study and the associated technical reports for community input. The documents were exhibited for a seven week period, between 5 August and 20 September 2013.

At its meeting on 9 December 2013, Council considered a report on submissions and resolved that:

1 The revised Concept Plan for Farmborough Heights to Mt Kembla and updated escarpment boundary line be endorsed as a guide to future development potential in the area (Attachment 11 of the report);

2 The Planning Principles contained in Attachment 12 of the report for development in the vicinity of the Illawarra Escarpment be endorsed to accompany the Farmborough Heights to Mt Kembla Concept Plan, reflecting the need to preserve the integrity of the Illawarra Escarpment;

3 The revised Concept Plan and accompanying Planning Principles for Farmborough Heights to Mt Kembla Strategic Planning Study and copies of submissions received be referred to the NSW Department of Planning and Infrastructure, seeking the Department’s endorsement of the Plan to guide future rezoning proposals in the area;

4 Individual Planning Proposals will be required to be prepared by each land owner in response to the Farmborough Heights to Mt Kembla Concept Plan and related Planning Principles, detailing how any rezoning on that property will lead to an overall conservation improvement for the escarpment or foothills; and

5 A report be prepared that canvasses options for Council to advance rezoning of areas within the study area (following the Department of Planning’s consideration of the Concept Plan) recommended to be given an E2 Environmental Protection zoning.

The Concept Plan and accompanying Planning Principles were forwarded to the NSW Department of Planning and Infrastructure following Council’s endorsement and endorsement of the strategy was received from the Deputy Director-General, dated 20 March 2014 (Attachment 1). Land owners in the study area have subsequently been advised of this endorsement of the Concept Plan, and invited to submit individual draft Planning Proposals in accordance with the Concept Plan and accompanying Planning Principles, should they wish to pursue any zoning changes for their property.

It should be noted that the Department has stipulated that any Planning Proposal must detail the mechanism(s) by which any rezoning on that property will lead to an overall conservation improvement for the escarpment or foothills. Any draft Planning Proposal


received will be placed on preliminary notification as part of its assessment, prior to being reported to Council. Should Council endorse the draft Planning Proposal it would then be placed on public exhibition for wider community feedback.

Resolution 5 requested the preparation of a report canvassing options for Council to advance rezoning of areas within the study area (following the Department of Planning’s consideration of the Concept Plan) recommended to be given an E2 Environmental Conservation zoning. This report considers the issues associated with rezoning land to an E2 Environmental Conservation zone and achieving environmental improvements on private land, and the role of Planning Proposals in achieving a transparent process in this regard.

A report on the options was presented to Council on 28 July 2014. Council resolved that:

1 This matter be deferred until it has been considered by the Escarpment Planning Reference Group.

The report was referred to the Escarpment Planning Reference Group meeting on 26 August 2014. Following discussion, the Reference Group resolved to support the Council officer recommendation of 28 July 2014. The Consultation and Communication section of this report contains more information on the Reference Group discussion.

PROPOSAL

The Farmborough Heights to Mt Kembla Concept Plan covers an area of 424.7 hectares across 54 individual land holdings. The Concept Plan proposes that 218.2 hectares (51%) of this area has the potential to be designated an E2 Environmental Conservation zoning, as shown in Attachment 2.

An E2 Environmental Protection designation was assigned to those areas proposed for conservation in the Concept Plan, to flag areas that either require a conservation focus in any future rezoning application in recognition of environmental attributes, or to identify areas that could potentially be the subject of a future rehabilitation focus, for example to establish an environmental corridor. The intention of developing a Concept Plan was to guide any future Planning Proposals in relation to areas that are not suitable for development due to environmental or other constraints, and also identify potential conservation activities, given that any Planning Proposal in this study area must demonstrate an improved environmental outcome.

There are two options available to Council to advance rezoning of areas recommended for an E2 Environmental Conservation zoning:

1 Resolve to prepare a Planning Proposal to rezone all areas identified in the Concept Plan recommended for an E2 Environmental Conservation zoning; or

2 Progressively rezone areas to E2 Environmental Conservation as part of individual Planning Proposals, where specific environmental works, along with the management and funding mechanisms to support conservation activities, will be documented for community comment and monitoring.


The objectives of an E2 Environmental Conservation zoning are:

• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

• To retain and enhance the visual and scenic qualities of the Illawarra Escarpment.

• To maintain the quality of the water supply for Sydney and the Illawarra by protecting land forming part of the Sydney drinking water catchment (within the meaning of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011) to enable the management and appropriate use of the land by the Sydney Catchment Authority.

The land uses permitted with consent in this zone are environmental facilities; environment protection works; extensive agriculture; and recreation areas.

Consideration of Options

The key objective in rezoning areas to E2 Environmental Conservation relates to the desire to protect, manage and restore areas of conservation value. However, there is a cost burden of environmental management and conservation. Maintaining and improving the condition of biodiversity in an area, and promoting the functioning of ecosystems often requires substantial outlay for expenses such as the preparation of management plans, biodiversity surveys, fencing, weed and feral animal control and revegetation works. Governments at all levels recognise biodiversity conservation as a high value, essential public good. To date, Australia’s conservation approach has been largely reliant on regulation and government funding, however forecasted increased demands on government funding is likely to make this approach for promoting conservation progressively less successful.

Australia’s Biodiversity Conservation Strategy 2010-2030 recognises the major challenge of protecting the nation’s biodiversity, and concludes that it cannot be achieved by simply setting aside land in National Parks and reserves. It recognises that many high priority areas for protection occur on private land and that large scale private contributions of land, time and money are therefore required. Land-management partnerships with private and other public landowners are currently relied upon to help protect places of natural and cultural significance across New South Wales. Establishing viable wildlife habitats and corridors on private land plays an essential role in conservation to complement the public reserve system, as part of a larger protected-area system across the State.

The majority of the lands in the study area are in private ownership and it is recognised that there is a need to ensure that the establishment and management of protected areas on private land are encouraged and supported. Private individuals in contributing environmental good for the benefit of the wider community (eg in protecting endangered species) cannot be expected to entirely bear the costs of conservation.


The Department, in requesting the preparation of a Concept Plan, has recognised that ongoing management of areas of high ecological value will be required in order to maintain or improve biodiversity values of the Illawarra Escarpment. The Department has stipulated that the Plan should identify the key environmental attributes to be enhanced and require any development to be linked to the protection and enhancement of those environmental attributes. The Strategy should be based on no net loss of native vegetation; the protection of visual catchments; and the linking of any development to improved environmental management. It should be noted that the Department has stipulated that any Planning Proposal must detail the mechanism(s) by which any rezoning on that property will lead to an overall conservation improvement for the escarpment or foothills. This is in line with the IESMP conclusions about the need for active conservation of the Illawarra Escarpment and the need for incentives/funding mechanisms to achieve conservation outcomes.

Rezoning areas to E2 Environmental Conservation in the absence of a plan of management and funding details does not guarantee that an improved environmental outcome will result. With land in private ownership all current land uses that may be degrading can continue indefinitely, and any conservation efforts would be reliant on the goodwill of landowners. The acquisition of these lands by the State or Council is unlikely in this current economic climate, and hence a funding mechanism is required to sustain and improve the environment in the absence of any special initiatives. It should be noted that the LEP practice note on Environment Protection Zones (April 2009) flags the possibility that a decision to rezone land to E2 Environmental Conservation may commit Council to acquire that land in some circumstances, if the zoning makes the land essentially a ‘reservation’.

The Department has directed that any development in the Farmborough Heights to Mt Kembla study area must be in the context of active conservation, and hence any Planning Proposal submitted seeking a rezoning must illustrate the mechanisms by which an improved environmental outcome can be achieved. The preparation of individual Planning Proposals for each site in response to the draft Concept Plan and Planning Principles will provide the community more certainty about the specific mechanism(s) by which an improved environmental outcome can be achieved, as one component of the justification for any rezoning or change to minimum lot size. Council has been working with the land owners and the community for over 20 years to arrive at the best outcome for the area, with all parties committed to a transparent process to preserve environmental attributes of the area. Conservation identified as part of a Planning Proposal will need to have the funding mechanisms to support it detailed. Planned conservation and funding mechanisms will be publicly exhibited, with all interested parties, including the Department of Planning and Escarpment Planning Reference Group, having the opportunity to comment during exhibition and as part of the Gateway process. Accountability for conservation outcomes will be assessed by these parties as part of the Planning Proposal process. It is therefore recommended that Council endorse Option 2.


It should also be noted that the Department has recently reviewed the way environmental zones (E zones) and overlays are being applied to land on the NSW Far North Coast, to address concerns centering on:

• Councils introducing environmental zones and overlays as they update their LEPs without evidence of the environmental significance of the land;

• the accuracy of E zone mapping;

• the impact of an E zone on land use; and

• the consistency of the application of E zones and overlays.

The review found that in some cases the environmental zones are being applied to rural and agricultural land which has the potential to limit the use of this land for agricultural purposes. The conclusions from this review will be relevant for Councils throughout New South Wales and indicate that E zones are to be more restrictively applied in a manner which is appropriate to the level of environmental significance. The recommendations of the review are as follows:

• only land with recognised high value vegetation, such as Endangered Ecological Communities, should be included in environmental zones;

• E zones should only be applied where there is validated evidence of significant environmental values;

• where land does not have the required environmental significance to be given an E zone, it should be zoned according to its primary use;

• extensive agriculture should be allowed with consent on E2 Environmental Conservation zone land and without consent on E3 Environmental Management zoned land; and

• other environmental values such as drinking water catchments and coastal risk areas, which do not warrant an environmental zone, will be protected through environmental overlays.

While a large proportion of the land in the study area would meet these criteria, where high value vegetation has been identified, there are other areas of land that currently would not meet the criteria in terms of environmental attributes but are rather proposed for an E2 Environmental Conservation zoning in the context of enabling a future rehabilitation focus (eg to establish an environmental corridor). In the case of these latter areas, an E2 Environmental Conservation zoning will only become appropriate in the context of a Planning Proposal that identifies those areas for a rehabilitation, as opposed to a development, focus.

It is understood that the Department’s intention is to produce a Ministerial Direction to Councils as a result of this Northern Councils Environmental Zones Review, about the criteria which must be used when applying an E2 Environmental Conservation or E3 Environmental Management zone and the circumstances in which an environmental


overlay will be used. The outcomes of this review will form the basis to determine criteria for applying E2 Environmental Conservation or E3 Environmental Management zones and the circumstances for using environmental overlays state-wide. The recommendations have recently been exhibited and submissions are currently being considered with a report to be prepared for the Minister for Planning for a decision.

If Council resolves to progress the E2 option now, additional studies would likely need to be undertaken to justify the proposed change to the Department, especially in the absence of any upzoning to permit additional opportunities.


Council at its meeting on 28 July 2014 resolved to defer consideration of the proposal and refer it to the Escarpment Planning Reference Group. The Escarpment Planning Reference Group considered the report at its meeting on 26 August 2014. The Reference Group discussed the benefits of proceeding with an E2 zone now as it would clearly identify the significant land in a strategic manner. Some members were concerned about the ad hoc or piecemeal approach of rezoning site by site. Some members were concerned of the cost to Council of undertaking the additional work and whether this cost should be borne by the community or the landowner/proponent. Following discussion the Reference Group resolved to support the Council officer recommendation of 28 July 2014.

Any draft Planning Proposal received will be placed on preliminary notification as part of its assessment, prior to being reported to Council. Should Council endorse the draft Planning Proposal it would then be placed on public exhibition for wider community feedback.


This report contributes to the Wollongong 2022 Objective The sustainability of our urban environment is improved under the Community Goal we value and protect our environment. It specifically addresses the Annual Plan 2013-14 Major Project Key Deliverable ‘Undertake Farmborough Heights to Mt Kembla Precinct Review’ which forms part of the Five Year Action ‘Review planning contracts for environmentally sensitive locations’ contained within the revised Delivery Program 2012-17.

The Strategic Planning Strategy and draft Concept Plan for the Farmborough Heights to Mt Kembla study area has built on a number of relevant strategies for the Illawarra Escarpment, as detailed in this report, including the Illawarra Escarpment Commission of Inquiry (1999), Illawarra Escarpment Strategic Management Plan (2006); and Illawarra Escarpment Land Use Review Strategy (2007).

The Illawarra Regional Strategy (2007) outlines a sustainable vision for the Region’s future, whereby development and growth minimises the impact of the Regions’ natural resources and cultural assets, including the Illawarra Escarpment. The Strategy recognises that the constrained geography of the Region has the potential to place native vegetation and biodiversity under pressure in meeting the demands for new


housing. Under the Regional Strategy urban development will be directed away from areas known to be important for biodiversity conservation, and impacts of development will be offset by protecting and enhancing the long term viability of priority vegetation and habitat corridors, as well as rehabilitating degraded and disturbed areas.

The Illawarra Escarpment Strategic Management Plan (2006) prepared to address the long term planning and sustainable management of the escarpment, recognises that the Illawarra Escarpment is an iconic feature of the Illawarra Region that requires active conservation, remediation and management. It recognises that the asset is in a degraded state and therefore continual improvement is required, that there are a number of key threatening processes to the escarpment, and that there is a need to protect the ecological values through appropriate mechanisms of management (including funding and identification of those responsible for management). The IESMP considers limited development may be possible having regard to the environmental sensitivity of the receiving environment and provided there are mechanisms in place to drive rehabilitation and restoration of the land and its surrounds.


Council spent $171,527 in consultant fees on the preparation of the Concept Plan.

There are no immediate financial implications arising from this report. If Council resolves to proceed with Option 1 and prepares a draft Planning Proposal to implement the E2 Environmental Conservation zoning now, there will be a resource and cost implication for Council. The preparation of a draft Planning Proposal has not formed part of the Annual Plan 2014/2015.

The cost associated with the preparation of this report including the deferral for consideration to the Escarpment Planning Reference Group is approximately $3,880.

CONCLUSION

Council has acknowledged the importance of the Illawarra Escarpment to the community as a defining feature to be protected through its adoption of the Illawarra Escarpment Strategic Management Plan to address the long-term planning and sustainable management of the escarpment. The NSW Department of Planning have noted that this Plan considers limited housing may be possible in suitable locations provided there are mechanisms in place to drive rehabilitation and restoration of the lands and surrounds.

Council and the Department have endorsed the Farmborough Heights to Mt Kembla Concept Plan and accompanying Planning Principles as a strategic document to guide future rezoning proposals in the Farmborough Heights to Mt Kembla area. The preparation of individual Planning Proposals for each site in response to the Concept Plan and Planning Principles is a transparent process which will provide the community more certainty about the specific mechanism(s) by which an improved environmental outcome can be achieved, as one component of the justification for any rezoning or change to minimum lot size.


REF: CM218/14 File: Z14/263726

ITEM 3 FUTURE USES OF GLENIFFER BRAE

This report is prepared in response to Council’s 29 January 2013 resolution regarding the future use of Gleniffer Brae. Key stakeholders have recently been involved in a consultative process to help define a ‘values’ based approach for determining suitable future uses of the unoccupied areas of Gleniffer Brae. Council officers have also reviewed actual and forecast costings related to the asset. This report outlines the costs associated with Gleniffer Brae, the results of stakeholder consultation to date and a proposed process moving forward.

RECOMMENDATION

1 A Call for Proposals process, as outlined in this report, be undertaken to receive submissions from interested parties for use of the area not currently under lease by the Conservatorium of Music at Gleniffer Brae.

2 Submissions made in response to the Call for Proposals process must demonstrate how they address each key community value as documented in this report.

3 A further Council report be prepared detailing the outcomes of the Call for Proposals process and any associated costs and recommendations for Council’s consideration.

ATTACHMENTS

Key Stakeholder Consultation report



and Neighbourhoods

BACKGROUND

Council at its 29 January 2013 meeting resolved that Council:

1 Provide a report detailing what funding amount would be needed to retain the integrity of the Gleniffer Brae Manor House and the Botanic Garden, and consider options to provide current stakeholders with mutually beneficial outcomes.

2 Consider and work with stakeholders to provide a future plan for the SCEGGS buildings that achieves important outcomes without detriment to the integrity of the total property.

3 Retain ownership of the property and consider only lease options showing benefit to Wollongong Council and the community.


The following discussion responds to each part of Council’s resolution.

1(a) Budget

• Gleniffer Brae historical expenditure on heritage and building maintenance/ capital projects $1,003,952 over the last seven years (total Gleniffer Brae site), which is an average of $143,421 per annum.

• 2014/15 budget allocation:

o External lighting investigation and upgrades (old SCEGGS buildings) – $40,000.

o Manor House heritage maintenance – $50,000.

o Heritage interpretation signage – $10,000.

• Botanic Garden operating budget – $2.3M net (includes Gleniffer Brae grounds maintenance).

A Conservation Management Plan (Tropman and Tropman Report) was prepared for Gleniffer Brae in 2001 and used to inform the heritage maintenance requirements of Gleniffer Brae. The actions identified in this Conservation Management Plan will largely be complete at the end of the 2014/15 financial year. A new Conservation Management Plan will be required to inform a long term maintenance program (and budget requirements) for Gleniffer Brae into the future and should be undertaken following determination of the future use.

• The following financial contributions are made by the Conservatorium of Music:

o Annual rental $44,274. o 40% of heritage maintenance costs on the Manor House capped at

$32,000 per annum. o Outgoings such as electricity, rates, garbage, sewer charges.

1(b) Options to provide current stakeholders with mutually beneficial outcomes

In order to address this directive, Council officers have engaged with the following key stakeholders:

• Neighbourhood Forum 5;

• National Trust (Illawarra Branch);

• Council’s Heritage Reference Group;

• Friends of Wollongong Botanic Garden;

• Staff of Wollongong Botanic Garden;

• Wollongong Conservatorium of Music; and

• Property Council of Australia (Illawarra).


A detailed report on the process and outcomes of this consultation is outlined in Attachment 1.

In summary, the following key community values were established:

• Heritage conservation;

• Financial viability;

• Community access;

• Tourism potential;

• Compatibility/Soft Impact with existing uses and environment; and

• Security of and Links to the Botanic Garden.

Various potential use options were suggested, however there appeared general consensus around community based activities of a low impact nature. Commercial and community uses were not necessarily seen as being mutually exclusive. There was recognition of the need to better promote and interpret Gleniffer Brae to residents and visitors. The need to amend the existing Botanic Garden Plan of Management (which includes Gleniffer Brae) for the site was noted as a probable outcome, given that the existing provisions are quite restrictive. All stakeholders recognised the need to maintain integration with the Botanic Garden. Financial viability of any proposed use was the least consistent area of consensus in terms of importance, however it was generally acknowledged as needing to be a value that is addressed in any future use assessment process.

In terms of process to manage the future uses at Gleniffer Brae, there was discussion of two broad alternatives; namely, a Call for Proposals process or the establishment of a Management Committee.

The pros, cons and risks associated with these two approaches were discussed at a key stakeholder workshop and are detailed in the report at Attachment 1.

Council Officers on consideration of all factors recommend following an initial Call for Proposals process to provide the best opportunity for all proposals to be aired, assessed and reported back to Council. The best model for ongoing operational management of any future use can then be considered by Council.

2 Future use of the former SCEGGS buildings

As the Wollongong Conservatorium of Music (CoM) have exercised their right of extending the current lease, which includes all of the former SCEGGS buildings, this matter should be considered when either the CoM indicate they will vacate the site or are not the lessees post 2023. The CoM have indicated to Council Officers that it is unlikely that they would relinquish their lease before 2023, due mainly to financial constraints and the lack of suitable alternative venues in the city.


3 Council retain ownership and consider only lease options showing benefit to Wollongong, Council and the community

As mentioned above, the CoM have exercised their right of extension on the current lease, which is valid up to 2023. On completion of those negotiations with the CoM, Council Officers were able to commence discussions with major stakeholders about suitable uses for Gleniffer Brae which are not part of the CoM lease. Those discussions are documented in Attachment 1, with the consensus view being that a ‘values’ based approach be adopted such that whatever proposal is put forward, it can be assessed in terms of what the key stakeholder groups feel are the most important aspects of the site to maintain and enhance.

There are numerous constraints which could limit possible lease options. These include:

• The Conservatorium of Music as lessees and occupiers of the majority of the Manor House and all of the former SCEGGS buildings, are entitled to the quiet enjoyment of those facilities. Therefore any proposed additional uses must be reasonably compatible and not conflict with the CoM’s activities.

• The existing Botanic Garden Plan of Management (2006) is very prescriptive as to what the vacant rooms not under lease to the CoM can be used for. This includes the issuing of short term casual licences (less than seven days) for the holding of public and private functions and exhibitions (in the front rooms and gardens), the storage of equipment in the garage, and the heritage maintenance and refurbishment of the building and gardens. Proposed new uses may require a review of the existing Plan of Management. A review of the Botanic Garden Plan of Management is scheduled to occur in 2014-15. Council should include its intent to review the Botanic Garden Plan of Management in the Call for Proposals to ensure all potential applicants are aware of the impending review.

• The existing Conservation Management Plan (2001) is due for review. No budget or timing has been allocated for the review. The need to update this report may be identified as an outcome of the Call for Proposals process and will also be required to inform a long term maintenance program.

• The State heritage significance of the property requires NSW Heritage Council approval for works undertaken on the building and grounds. This may impact the degree to which alterations or additions on site can be made to accommodate new future uses and/or add time and cost considerations for any proponent of those uses.


PROPOSAL

It is recommended Council invite proposals via a formal Call for Proposals process for suitable future uses of the non-leased areas of Gleniffer Brae. A Call for Proposals process is consistent with Council’s policy for the lease/licence of Council owned land. Submissions will be required to address how they maintain or enhance the following key community values for the site:

• Heritage conservation;

• Financial viability;

• Community access;

• Tourism potential;

• Compatibility/Soft Impact with existing uses and environment; and

• Security of and Links to the Botanic Garden.

It is recommended that submissions be evaluated by Council officers and a community member be invited to observe the process. The community observer will be drawn from the key stakeholder groups consulted to date.

A report on the submissions, evaluation and recommendations will be submitted to Council for decision on the best use(s) to be pursued. Note that this will include an analysis of cost and planning/policy implications for the recommended use(s).


A comprehensive community engagement process has occurred over a three (3) month period with key stakeholders of Gleniffer Brae as detailed in Attachment 1. The process involved individual consultations with each stakeholder group, and then a group workshop with all stakeholders. Councillors were invited to the group workshop.


This report contributes to the delivery of Wollongong 2022 under the objective ‘Residents are able to have their say through increased engagement opportunities and take an active role in decisions that affect our city’ (Community Goal ‘We are a connected and engaged community’).

It specifically delivers on core business activities as detailed in the Botanic Garden and Annexes Service Plan 2014-15 (‘Review of future use of Gleniffer Brae’).


There are minimal cost implications in implementing the report recommendations at this stage other than staff time. Future costs associated with any proposed next steps will be detailed in a future report to Council.


CONCLUSION

It is recommended that a formal Call for Proposals process as outlined in this report be undertaken to receive submissions from interested parties for use of the vacant area not currently under lease by the Conservatorium of Music at Gleniffer Brae. This process will require submissions to respond to each key community value as documented in this report to ensure they align with broader community expectations. Council will then be able to further analyse these proposals in consideration of their costs and benefits, before deciding on a way forward.


REF: CM220/14 File: CCL-160.25.002

ITEM 4 POLICY REVIEW: ESTABLISHMENT AND MAINTENANCE OF ALCOHOL FREE ZONES ON PUBLIC ROADS AND FOOTPATHS

The Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths Council Policy has been revised and updated and is provided to Council for endorsement.

RECOMMENDATION

The updated Council policy, Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths, be endorsed.

ATTACHMENTS

1 Updated Council policy – Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths

2 NSW Ministerial Guidelines on Alcohol Free Zones


Report of: Tanya Buchanan, Manager Community, Cultural and Economic Development

Authorised by: Greg Doyle, Director Corporate and Community Services – Creative, Engaged and Innovative City

BACKGROUND

Council’s policy titled Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths was initially adopted by Council in December 1993. This policy is due for scheduled review in October 2014.

The NSW Local government Act 1993 (the Act) provides for the establishment of Alcohol Free Zones (AFZs) on roads and footpaths within local government areas as part of a strategy to improve public safety and prevent disorderly behaviour caused by the irresponsible consumption of alcohol in public places. The Wollongong Community Safety Plan 2012-2016 identifies the review and establishment of AFZs as one method among many to help reduce alcohol related crime.

The main objectives of this policy are to act as an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime, and to provide a means for assisting the Police to control the public consumption of alcohol within the City of Wollongong.

The policy outlines a Statement of Procedures for establishing an AFZ which follows the Local Government Ministerial Guidelines for Alcohol Free Zones. These guidelines took effect on 5 February 2009 replacing the previous guidelines issued in 1995.


AFZs are established and maintained by councils, while their enforcement is undertaken by the NSW Police. The consumption of alcohol in an AFZ is prohibited and the NSW Police are empowered by the Act to seize and dispose of alcohol being consumed in a declared zone.

PROPOSAL

The policy has been amended to reflect timeframes identified in the Ministerial Guidelines for AFZs, recent changes to legislation, and an update of the term used for Council’s Safety Community Action team to the title of Community Safety Reference Group.

The objective of the policy continues to be valid and remains in context with the original version. The policy supports the NSW Police and Council in managing public safety and provides information to the public about the process for establishing an AFZ in accordance with the Local Government Act.


The Council policy – Establishment and Maintenance of Alcohol Free Zones on Public roads and Footpaths has been reviewed by Council’s Legal Team, and tabled at the Community Safety Reference Group meeting which includes representatives from the NSW Police and community organisations.

The process outlined in this policy is guided by the Ministerial Guidelines on Alcohol Free Zones. The Ministerial Guidelines have been prepared under Section 646(1) of the Local Government Act.


This report contributes to the delivery of Wollongong 2022 under the objective 5.4 Community safety is improved under Goal 5 We are a healthy community in a liveable city.

It specifically addresses the Annual Plan 2014-15 Key Deliverables to Monitor and maintain Alcohol Free Zones which forms part of the Five Year Action 5.4.2.1 Continue to liaise with Local Area Commands on key initiatives and crime reduction strategies in support of the Strategy 5.4.2 Local crime continues to be prevented and levels of crime reduced.

The Wollongong Community Safety Plan 2012-2016 identifies action item 5.2.1d) Review Alcohol Free Zones (AFZ) and Alcohol Prohibited Areas (APA) to occur in September 2014. The Policy enables Council to inform the public about the process required for establishing an AFZ.



There are no direct financial implications associated with reviewing and updating the Council policy – Establishment and Maintenance of Alcohol Free Zones on Public roads and Footpaths.

The duration of an Alcohol Free Zone is four years and if proposed for reestablishment there will be costs associated with signage in the fourth year. If a new AFZ is proposed and endorsed there will be costs associated with signs and installation. These costs will be proposed as part of the Capital Projects budget in the year that they arise.

CONCLUSION

Establishment of AFZs on roads and footpaths within Local Government Areas assist the NSW Police and councils in managing public safety. The Council policy – Establishment and Maintenance of Alcohol Free Zones on Public Roads and Footpaths supports actions identified in Wollongong City Council’s Community Safety Plan by providing the framework for how to establish an AFZ. The policy enables Council to inform the public about this process.


REF: CM221/14 File: CCL-160.25.002

ITEM 5 REVIEW OF ALCOHOL FREE ZONES

The Local Government Act allows for the creation of Alcohol Free Zones (AFZs) within local government areas to improve public safety and prevent disorderly behaviour caused by the consumption of alcohol in public areas. AFZs act as an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime. AFZs are declared for designated locations for a period of four years, after which they are reviewed and renewed as required. All of the seven existing AFZs within the Wollongong Local Government Area are due to expire on 30 September 2014.

This report seeks the endorsement of Council to renew the seven existing AFZs, including the enhancement and updating of signage, and to establish a new AFZ in Stanwell Park.

RECOMMENDATION

1 Council endorse the renewal of Alcohol Free Zones in Helensburgh, Thirroul, Corrimal, Warrawong, Wollongong, Berkeley and Dapto as shown in Attachment 1 of the report for a period of four years.

2 Council approve replacement and updated Alcohol Free Zone signage to be installed in Helensburgh, Thirroul, Corrimal, Wollongong, Berkeley, Warrawong and Dapto.

3 Council support the establishment of Stanwell Park Surf Club car park and Baird Park car park as Alcohol Free Zones, and authorise the public consultation process as required by the Local Government Act.

ATTACHMENTS

1 Proposed 2014 Alcohol Free Zone Maps 2 2014 Maps for proposed locations for Alcohol Free Zones and Alcohol Prohibited

Areas 3 Feedback from June Alcohol Free Zone Online Survey 4 Establishment and Maintenance of Alcohol Free Zones on Public Roads and

Footpaths – Draft Council Policy 2014 5 Ministerial Guidelines on Alcohol Free Zones – February 2009 6 Alcohol Prohibited Areas – Parks and Reserves





BACKGROUND

Alcohol Free Zones (AFZs) and Alcohol Prohibited Areas (APAs) are established and maintained by councils, while their enforcement is undertaken by the NSW Police. NSW Police are empowered to seize and dispose of alcohol being consumed in a declared zone.

Definition of an Alcohol Free Zone (AFZ) – Public Roads and Footpaths

AFZs apply to roads and footpaths within the designed area for a period of four years, after which they are review and renewed as required. To establish an AFZ, Council must follow procedures set out in the Ministerial Guidelines on Alcohol Free Zones. After complying with the procedures a council may, by resolution, adopt a proposal to establish an AFZ. The resolution itself will establish the zone.

The power to suspend or cancel an alcohol free zone during its period of operation is provided so that a council may respond to more immediate situations that arise within the area of the zone, such as an event. A council must pass a valid resolution to suspend or cancel a particular AFZ. Liaison with the local Police, before and after the council resolution, is essential; additionally council may undertake any other consultation considered necessary.

Definition of an Alcohol Prohibited Area (APA) – Parks, Reserves and Beaches

Parks, reserves and beaches are not automatically considered part of an AFZ and are not governed by the same legislation. A park or beach can become an APA following consultation and support from NSW Police, and placement of a council notice in the area under section 632A of the Local Government Act 1993. Council has a number of parks that are declared alcohol prohibited areas (see Attachment 6).

APAs have the same ‘tip out’ provisions as AFZs where NSW Police are empowered by the Act to seize and dispose of alcohol being consumed in a declared zone.

Section 632A(8) of the Local Government Act provides that “an Alcohol Prohibited Area cannot be established without the approval of the Local Area Commander of Police for the area in which the proposed Alcohol Prohibited Area is situated”. Councils must seek and obtain this approval prior to establishing a new APA. This process will allow the Local Area Commander to consult with the relevant Community Safety Precinct Committee or similar body to help ensure that the decision to declare an area as alcohol prohibited is done transparently and in consideration of the community’s wishes.

Unlike an AFZ, which has a four year lifespan and requires a more formal re-establishment process and a council resolution to establish the zone, an APA (public place, park, reserve, beach), may be declared alcohol prohibited for specific days and times only, for the duration of an event, or be ongoing and exist without an expiration date. A council resolution is not required to suspend an APA.


Process for Establishing an Alcohol Free Zone

The process for establishing an AFZ is set out in the Ministerial Guidelines on Alcohol Free Zones (Attachment 5). These requirements are detailed in Council’s Establishment and Maintenance of Alcohol Free Zones on Public Roads Policy (Attachment 4). These guidelines have been prepared under section 646(1) of the Local Government Act and provide councils with procedures to follow to establish AFZs.

The principal objective of an AFZ, which applies to roads, footpaths and car parks, is to prevent disorderly behavior, caused by the consumption of alcohol in public areas in order to improve public safety. To validly establish an AFZ a council must comply with the procedures in sections 644 to 644C of the Local Government Act as well as those set out in the Ministerial Guidelines.

AFZs enable NSW Police to engage with the public and provide an additional tool to help contribute to safe public areas. Council relies on police evidence and support to determine the necessity for establishing and re-establishing AFZs.

In preparing a proposal to establish an AFZ a council must consult with the relevant Police Local Area Commander about the appropriate number and location of alcohol-free zones.

AFZ Provisions

In 2008 amendments were made to the Local Government Act 1993 to remove the penalty notice provisions and the requirement for NSW Police officers to issue a warning prior to the confiscation of alcohol. Section 642 of the Act enables a police officer to seize any alcohol in the immediate possession of a person in an AFZ and dispose of it by tipping it out. In circumstances where a person does not co-operate with a NSW police officer they may be charged under other sections of the Local Government Act or NSW Summary Offences Act.

In December 2010 to provide consistent enforcement powers the offence provisions for alcohol consumption in public places (parks, reserves and beaches) was also removed and the “tip-out” provisions that applied to alcohol free zones (roads and footpaths) also became applicable for alcohol prohibited areas.

AFZ signage will be updated to reflect the legislative changes pending a Council resolution from this report. Signs located in APAs (parks, reserves and beaches) are also currently being updated to support the legislative changes.

Current AFZ Re-establishment

Wollongong City Council currently has seven active AFZs established across the LGA. These AFZs are located in parts of Helensburgh, Thirroul, Corrimal, Wollongong, Dapto Berkeley and Warrawong as shown in Attachment 1. Each AFZ has a lifespan of four years and all are due to expire on 30 September 2014.


In preparing a proposal to establish or re-establish an AFZ a council must consult with the relevant Police Local Area Commander about the appropriate number and location of alcohol-free zones.

The Crime Prevention Officers and Licensing Sergeants from both Lake Illawarra Area Command and Wollongong Area Command strongly support the re-establishment of AFZs in Helensburgh, Thirroul, Corrimal, Wollongong CBD (including the Blue Mile), Dapto, Berkeley and Warrawong. NSW Police suggest erection of a small number of additional signs to better communicate the existence and extent of the zoning, see Attachment 2.

NSW Police support for AFZ Re-establishment

Wollongong City Council works in partnership and relies on feedback and endorsement from NSW Police to determine any proposal to establish or re-establish an AFZ. Council received supporting letters from both Wollongong Local Area Command and Lake Illawarra Area Command for the continuance of AFZs located in the suburbs of Helensburgh, Thirroul, Corrimal, Wollongong, Dapto, Warrawong and Berkeley.

Police feedback highlighted that AFZs are an important part of the overall ‘Crime and Harm Reduction Management Plan’ used by the NSW Police in addressing ‘Alcohol Related Crime’ and ‘Harm’ associated with the misuse and abuse of alcohol in our Community’.

NSW Police commented that ‘the NSW Police Force places considerable importance on AFZs, so much so that this years ‘Mandatory Training’ undertaken by every Police Officer included face to face training package on Alcohol Free Ones and Alcohol Prohibited Areas’.

Wollongong Area Command pointed out that each AFZ (Wollongong, Thirroul, Corrimal, Helensburgh) plays a significant role as those areas fall within the central business districts of those suburbs. Wollongong Area Command requests ‘continuation of the Alcohol Free Zones in those suburbs already subject to the AFZ provision continue so that NSW Police can continue with the assistance of Wollongong City Council to address the issues of groups of people congregating with alcohol in public places.’

Lake Illawarra Area Command commented that ‘an evaluation conducted by the State Government indicated that:

- There is evidence that people in many areas respond to warnings from police officers about AFZs and in most cases move on or stop drinking.

- There is evidence that there are people in the community who do not respond to this approach and will only respond where a significant penalty is available. In these cases Police use powers under other legislation to deal with offenders.’

Lake Illawarra Area Command commented that AFZs in this area (Dapto, Warrawong, Berkeley) have become an important part of the overall Management Plan in reducing incidents of Alcohol Related Crime and have contributed to a reduction in Alcohol Related Crime in those areas.


Requests for new AFZs in Wollongong LGA

The pending expiration and re-establishment of all AFZs has been raised at each of Council’s Community Safety Reference Group meetings over the past twelve months, of which NSW Police representatives attended. There have been no requests from this reference group or NSW Police for consideration to establish new AFZs in the Wollongong LGA, apart from car park areas in Stanwell Park.

In October 2013 Council received a request to investigate the possibility of establishing an AFZ in the Northern Illawarra area (from the Royal National Park to the Seacliff Bridge), refer to Council report REF: CM308/13. At this time there was not sufficient evidence to support the creation of an AFZ in the Northern Illawarra area. However, a Council resolution requested that this area be identified for review and inclusion in the AFZ re-establishment report due for submission in September 2014.

Since October 2013 Council has not received notice of concerns in this area to support establishment of an AFZ. NSW Police also continue to have insufficient evidence to request establishment of an AFZ, consistent with the Council report presented in 2013. NSW Police confirm a number of successful operations have occurred since October 2013 to address the separate issue of speeding cars through the Royal National Park. NSW Police have requested that Stanwell Park Surf Club Car Park and the adjacent Car Park, next to Baird Park, become an Alcohol Free Zone. NSW Police have also requested Stanwell Park Beach Reserve and Baird Park in Stanwell Park, along with Sandon Point and Bulli Beach Reserve become alcohol prohibited areas between sunset and sunrise. These requests are supported by the NSW Police from evidence of large organised gatherings of people drinking at these locations, on some occasion involving people under the legal drinking age.

PROPOSAL

This report seeks Council’s endorsement to renew existing AFZs, including updating signage in Helensburgh, Thirroul, Corrimal, Wollongong (including the Blue Mile), Warrawong, Dapto and Berkeley (refer Attachment 1).

This report seeks endorsement to establish new AFZ areas in the car parks of Stanwell Park Surf Club and Baird Park (refer Attachment 2). Council is required to undertake public consultation to establish new AFZs in these car park areas at Stanwell Park, as outlined in the Ministerial Guidelines on Alcohol Free Zones. A further Council report will be presented following consultation about the proposed new AFZ areas with a Council resolution required to enable their final establishment.

Additional signs will be installed in the Wollongong AFZ to improve public awareness regarding the extent of the zone. Stanwell Park Beach Reserve, Baird Park, Sandon Point and Bulli Beach Reserve are proposed to become alcohol prohibited areas from sunset to sunrise.



In accordance with provisions of the NSW Local Government Act and Ministerial Guidelines on Alcohol Free Zones, Council undertook an engagement strategy to inform the community and invite public comment on the proposal to re-establish all AFZs. A public notice was placed in ‘The Advertiser’ on June 2014. An online survey, inclusive of AFZ boundary maps, was available in the ‘Have your say’ section of Council’s website throughout June.

As identified in the Ministerial Guidelines, written correspondence requesting feedback within 30 days, was forwarded to: the NSW Anti-Discrimination Board, the Illawarra Aboriginal Community Based Working Group, and licensed premises within the vicinity of each AFZ. Direct consultation was also undertaken with Berkeley, Helensburgh, Wollongong, Thirroul and Dapto Neighbourhood Forums including a follow-up email with link to the AFZ online survey.

Council’s Community Safety Reference Group was consulted, as were internal stakeholders including Legal Services, Property and Recreation and City Centre Operations team. City Works and Infrastructure Divisions were consulted regarding the operational action plan for renewal and installation of signs and stickers.

NSW Police, Wollongong Local Area Command and Lake Illawarra Local Area Command were also engaged and provided formal correspondence in support of re-establishing all AFZs.

Council received only two comments from the online AFZ survey, one comment highlighted a need for further signage in Stuart Park and the second stated that a resident did not feel there was a need for an AFZ in Thirroul (refer Attachment 3).


This report contributes to the delivery of Wollongong 2022 Objective 5.4 Community safety is improved under Goal 5 - We are a healthy community in a liveable city.

It specifically addresses the Annual Plan 2014-15 Key Deliverables to Monitor and maintain Alcohol Free Zones which forms part of the Five Year Action 5.4.2.1 Continue to liaise with Local Area Commands on key initiatives and crime reduction strategies in support of the Strategy 5.4.2 Local crime continues to be prevented and levels of crime reduced.

The Wollongong Community Safety Plan 2012-2016 identifies action item 5.2.1 d) Review Alcohol Free Zones (AFZ) and Alcohol Prohibited Areas (APA) to occur in September 2014.



Costs associated with the re-establishment of Alcohol Free Zones in Helensburgh, Thirroul, Corrimal, Wollongong CBD (including the Blue Mile), Warrawong, Dapto and Berkeley will be attributed to the Capital Projects Budget, with budgetary implications up to $25,000 to cover new signs and installation costs.

CONCLUSION

AFZs assist Council and NSW Police to improve and maintain community safety. They are one strategy, among many, and act as an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime. Renewal of the AFZs in Helensburgh, Thirroul, Corrimal, Wollongong CBD (including the Blue Mile), Warrawong, Dapto and Berkeley, and endorsement to investigate proposed areas for new AFZs in Stanwell Park, demonstrates Council’s commitment to community safety, and supports NSW Police in achieving their ‘Crime and Harm Reduction Management Plan’ used to address alcohol related crime.


REF: CM227/14 File: OSI-25.011

ITEM 6 PROPOSAL FOR EXEMPTIONS FROM WOLLONGONG ALCOHOL FREE ZONE DURING MAJOR EVENTS

The recently endorsed City Centre Evening Economy Action Plan identifies the introduction of new events such as markets and festivals, live music events, and food and beverage events as a contributor to a vibrant evening economy and, in turn, an activated City Centre.

Coinciding with the refurbished Crown Street Mall, the City Centre Team has recently obtained Street Trading Development Consents providing additional opportunities for increased outdoor dining and the attraction of more significant events and activities.

In addition, Destination Wollongong’s Major Events Strategy aims to attract and develop new major events to the Wollongong region, whilst at the same time supporting the delivery of existing annual events.

This report seeks endorsement for exemption from the Wollongong Alcohol Free Zone (AFZ) for a maximum of 10 major events per annum at each of the event specific locations, which are Upper Crown Street Mall, Lower Crown Street Mall, Globe Lane and the Arts Precinct. This will enable the delivery of a greater diversity of events and contribute to delivering a more vibrant city.

RECOMMENDATION

Council endorse a maximum of 10 major events per annum in each of the following areas to be exempt from alcohol prohibition: Upper Crown Street Mall, Lower Crown Street Mall, Globe Lane and the Arts Precinct.

ATTACHMENTS

1 Wollongong Alcohol Free Zone Map 2 Ministerial Guidelines on Alcohol Free Zones 3 Major Event Location Areas Seeking Alcohol Free Zone Suspension





BACKGROUND

Wollongong Alcohol Free Zone (AFZ)

The Wollongong AFZ encompasses the City Centre and is bordered by the Wollongong Foreshore to the east, George Hanley Drive to the north, Denison Street and Gladstone Avenue to the west and Swan Street to the south (as shown in Attachment 1).

A council resolution is required to both establish an AFZ and to suspend an AFZ. The power to suspend or cancel an AFZ during its period of operation is provided so that a council may respond to more immediate situations that arise within the area of the Zone eg to accommodate a specific community event.

The Ministerial Guidelines for AFZs advise that a council must pass a valid resolution to suspend or cancel a particular AFZ. Such action may be taken as a result of a request received from any person or body, or at a council’s own initiative.

Liaison with the local police, before and after the council resolution, is essential to ensure that both groups are informed and action is coordinated.

A council must publish notice of a suspension or cancellation as required under section 645(1) and (3). Signs are also required to be removed or covered during the period of exemption.

Currently for an event to provide alcohol on any road and/or footpath area within an AFZ, a council resolution must be sought for each event, in accordance with the Ministerial Guidelines on AFZs. This process can add an additional three months ‘lead’ time to the process for the preparation of an event.

Activating Wollongong City Centre

On 27 February 2012 Council endorsed the Wollongong Events Strategy 2012-15 to further facilitate and enhance Wollongong’s reputation as a city that welcomes events. During 2013-14 Destination Wollongong supported 33 events across the local government area which contributed an estimated $21.8 million in economic impact.

The newly refurbished Crown Street Mall will provide us with the opportunity to increase activation of the area with events and festivals, some of which may include the consumption of alcohol, such as a food and wine festival.

In addition, Council has recently adopted the 2014-2018 City Centre Evening Economy Strategy and Action Plan as part of its 2014-2018 Cultural Plan. One of the goals identified in these documents is the achievement of a vibrant community through an activated City Centre. As part of the associated community consultation, feedback highlighted the need for a wide choice of leisure and entertainment, and a rich mix of private and public attractions for a range of age groups, lifestyles and cultures, including families. A mix of offerings in the evening is a crucial factor for a successful evening economy in the City Centre, offering more diversity for different segments of the community to enjoy.


Approval Process for Events involving Alcohol

The City Centre Team has recently obtained blanket development consents for major events for Lower Crown Street Mall, Upper Crown Street Mall, and the Arts Precinct which are governed by the Wollongong AFZ. The blanket development consent for Globe Lane is currently being finalised.

Each of the blanket development consents includes conditions that must be adhered to if alcohol is to be made available at the event. These conditions have been determined in consultation with the Local Area Police Command in order to enhance public safety. A liquor licence will be required through the Office of Liquor, Gaming and Racing in liaison with NSW Licensing Police. A subsequent plan of management would also need to be lodged with Council and the Local Area Police Command as part of this process. The Plan of Management would need to detail, but not be limited to:

- the licensed area of the event be open to patrons over the age of 18 years only,

- the licensed area be contained within a fenced precinct and is controlled by a ticketing system,

- patrons who wish to purchase alcohol will be required to show proper ‘Proof of Age’ identification t licensed security or bar staff, and

- all licensed areas will be clearly delineated by a physical barrier constructed of ‘pool’ style fencing.

In addition, the blanket development consents require that if liquor is to be available at the event, one security guard per 50 patrons will be required to ensure crowd control is maintained and liquor practices are kept to a high standard. All staff will be required to be trained in the responsible service of alcohol and are to ensure that all requirements under this training are adhered to. Security staff will also be required to deal with any intoxicated behaviour if required.

The use of the site for a major event would be monitored and controlled through a licence agreement with Council. The purpose of these conditions is to ensure the legal consumption of alcohol during an event occurs in a safe manner.

PROPOSAL

The landscape of our City Centre is currently undergoing significant transformation with a redefining of the retail mix to include increased restaurants, alfresco dining, short stay stores, pop-up art, and small bars. In addition, general feedback and data collected as part of the City Centre Evening Economy process indicates that people want to utilise the City Centre as a cosmopolitan hub. This is reflected in Council’s recently endorsed 2014-2018 Evening Economy Action Plan which identifies one key action as being the attraction of new evening events such as markets, festivals, live music events, and food and beverage events.


Events provide enormous benefit to the community in that they create employment, generate income for local business and bring community together. Coupled with our city’s linkages to Sydney, proximity to the airport and natural assets, events provide an opportunity to increase visitation, opportunities for the community to participate and engage, and stimulate community by hosting major events that showcase Wollongong’s strengths.

The nature of some of the events eg food and wine events/festivals could involve the consumption of alcohol. As previously stated this would require approval via a Council resolution for each alcohol related event which would considerably extend the ‘lead’ time for the processing of the event.

Based on the above, Council is requested to consider a suspension of the AFZ for a maximum number of ten events per annum as per the conditions identified in the development consents at each of the following sites: Upper Crown Street Mall, Lower Crown Street Mall, Globe Lane and the Arts Precinct.

AFZ exemption for these events would enable a number of events to include an alcohol component and support the evolving small bar, festival and food culture that is emerging within our City Centre.

Note: Any future events proposed on the sites that are outside the scope of the approved development consent would still require separate development consent from Council.


Council has undertaken consultation with key stakeholders including:

- the Local Area Police Command

- Destination Wollongong

- Council’s Regulation and Enforcement staff

- Community Safety staff, and

- Traffic Committee

to inform the blanket development applications/consents for Lower Crown Street Mall, Upper Crown Street Mall, Globe Lane and the Arts Precinct.


This report contributes to the delivery of Wollongong 2022’s community objective of a creative and vibrant city, Objective 3.3 Community Access to the Arts and Participation in Events and Festivals is increased.


CONCLUSION

The endorsement by Council of an AFZ exemption for a maximum of ten major events per annum that include alcohol for each of the identified sites ie Upper Crown Street Mall, Lower Crown Street Mall, Globe Lane and the Arts Precinct under the development consent conditions would support the delivery of these events in a safe manner. It would also support the evolving small bar, festival and food culture that is emerging in our City Centre and, in turn, deliver further activation and vibrancy to our City Centre.

In addition, it would also further streamline the event approval process enabling street activation to take place in these City Centre areas to include activity such as food and beverage events, festivals, markets and celebration events that include an alcohol component. This, in turn, will deliver further rejuvenation and vibrancy to our City Centre.


REF: CM190/14 File: Z14/219853

ITEM 7 ILLAWARRA ESCARPMENT WALKING TRACK

At the Council meeting of 14 October 2013, Council considered a Notice of Motion on the Illawarra Escarpment Walking Track and resolved that:

“A report come to Council on -

1 The history of plans for an Illawarra Escarpment Walking Track, linking the Royal National Park to Morton National Park; and,

2 Possible models for a multi-agency working party to produce a detailed plan for an Illawarra Escarpment Walking Track linking the Royal National Park to Morton National Park, which could then be used as the basis for funding applications to State and Federal Governments.”

This report is prepared in response to this resolution.

RECOMMENDATION

1 The history of plans for an Illawarra Escarpment Walking Track, linking the Royal National Park to Morton National Park, be noted.

2 Council advise the National Parks and Wildlife Service that Council is willing to participate in a multi-agency working party to support National Parks and Wildlife Service implement the Draft Masterplan for Walking Tracks and Associated Facilities 2005.

3 Council write to the NSW Minister for the Environment, the Minister for the Illawarra and local State Members of Parliament requesting their support for the development of an Illawarra Escarpment Walking Track.

ATTACHMENTS

Map of National Park Estate and current Illawarra Escarpment Walking Track.


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

and Neighbourhoods

BACKGROUND

At the Council meeting of 14 October 2013, Council resolved that:

“A report come to Council on -

1 The history of plans for an Illawarra Escarpment Walking Track, linking the Royal National Park to Morton National Park; and,


2 Possible models for a multi-agency working party to produce a detailed plan for an Illawarra Escarpment Walking Track linking the Royal National Park to Morton National Park, which could then be used as the basis for funding applications to State and Federal Governments.”

PROPOSAL

History of an Illawarra Escarpment Walking Track

The notion of an Illawarra Escarpment Walking Track has been mooted by community and environmental groups since at least 1971. Several reports emphasising the conservation significance of the Illawarra Escarpment were produced between 1971 and 1987, and all of these reports indicated there was potential for a walking track to traverse the escarpment. In 1987, Wollongong Council’s Local Advisory Committee updated a report by the Illawarra Escarpment Working Party delineating a route from Stanwell Park to Macquarie Pass (near Morton National Park). The report was presented to the NSW Minister for the Environment; however, no project was initiated following this presentation.

Following this work, an inter-agency sub-committee of the Illawarra Region of Councils (IROC) was formed in 1989 to investigate a more extensive route through the three local government areas of Wollongong, Shellharbour and Kiama. The proposed route began at the Royal National Park in the north, and extended to the Shoalhaven River in the south. In 1990, the IROC sub-committee produced a report which identified actions required to implement the track for each section of the overall route. The report was used as the basis for a submission to the NSW State Government through the Illawarra Parliamentary Task Force in December 1990, and to the Illawarra Economic Development Council in March 1991.

The IROC report reflected the broad desire amongst Councils, NSW Government organisations and the community for a long distance walk along the Illawarra Escarpment. It also established its broad feasibility and suggested interim routes around areas requiring additional resources, such as a safe crossing of Mount Ousley Road.

In 2005, the National Parks and Wildlife Service engaged consultants to comprehensively review walking track options within the Illawarra Escarpment State Conservation Area and engage with relevant user groups in determining preferred routes. The result of this study was the Draft Masterplan for Walking Tracks and Associated Facilities 2005. Although it is still officially a draft document, NPWS has been actively implementing the draft masterplan over the last nine years.


Current state of track planning

The Draft Masterplan for Walking Tracks and Associated Facilities 2005 remains the primary document guiding walking track creation and maintenance on the escarpment. This is a reflection of the fact that publically accessible walking tracks in the escarpment are almost exclusively on NPWS estate. Approximately one third of the planned route extension outlined in the draft Masterplan has been implemented since the development of the report.

It is important to note that the NPWS Draft Masterplan relates to a much shorter route than the IROC proposal or the Royal National Park to Morton National Park route referred to in the Council resolution. The NPWS Royal National Park to Mount Kembla route has been chosen by NPWS as it is almost entirely on NPWS estate and able to be maintained by NPWS into the future.

Around the same time as the NPWS Draft Masterplan 2005 was developed, Wollongong Council developed the Illawarra Escarpment Strategic Management Plan 2005 (IESMP), endorsed by the State Government in 2006. The IESMP refers to the potential for Illawarra Escarpment walking trails to enhance the ecotourism potential of the escarpment, but does not contain any specific actions for implementing a trail.

A recent initiative by the National Parks Association, presented to the Escarpment Planning Reference Group in October 2013, is aimed at re-invigorating investment in the route between Stanwell Park and Mount Kembla. Presented as the Grand Escarpment Walk, it promotes the benefits of a world class long distance walk, but does not seem to follow the route established by NPWS in its Draft Masterplan.

It is important to note that although the National Parks Association is an important stakeholder in the development of an Illawarra Escarpment Walking Track, NPWS is responsible for trail creation and maintenance within NPWS estate and the NPWS Draft Masterplan is the primary guiding document relevant to its track planning.

A collaborative approach between NPWS, Council, RMS and others is required to realise the vision of an Illawarra Escarpment Walking Track.

Primary barriers to an Illawarra Escarpment Walking Track (IEWT)

Two significant issues have presented barriers to the establishment of a long distance walk along the Illawarra Escarpment. Firstly, the fact that much of the suitable land is in private ownership has made negotiation for access complex. Some land owners have allowed walkers to cross their land as part of informal arrangements. However, land owners are reticent to sign any formal agreements. Secondly, the Bulli Pass, Lawrence Hargrave Drive and Mount Ousley Road, inevitably require modifications to allow safe pedestrian crossing.

Between Stanwell Park and Mount Kembla there is a high possibility of achieving a connected walk. Some of the limitations on implementing this route are being addressed by the Grand Pacific Walk and other barriers are likely to be addressed with a coordinated effort by Council, RMS and NPWS.


Possible models for a Multi-Agency Working Party

Model 1 – A Multi-Agency Working Party, led by NPWS, to support the implementation of their Draft Masterplan for Walking Tracks and Associated Facilities.

A multi-agency working party would be established by NPWS, made up of Council, Roads and Maritime Services, Destination Wollongong, Sydney Catchment Authority, Department of Planning and Environment, National Parks Association and the Illawarra local Aboriginal Land Council, to meet at least once a year to facilitate the implementation of the NPWS Draft Masterplan. This would take the form of sharing plans and designs for works related to the Masterplan, integrating designs with existing or proposed tracks and the promotion of existing tracks. The working party would be in a strong position to lobby for additional grant funding to implement the existing plans. The group could meet 1 – 2 times a year, or on an as needs basis if more frequent meetings are required.

The multi-agency working party would focus on:

• Integration of NPWS, RMS and Council assets such as toilets, signage, food outlets, accommodation and car parks;

• Integrated promotion of walks through brochures, websites and advertising;

• Pedestrian links to trail network (e.g. Grand Pacific Walk); and

• Promoting dedication of strategic parcels of land to the NPWS reserve system or right of way agreements over time to increase the trail network.

The establishment of a multi-agency working party has been discussed with the National Parks and Wildlife Service, who are supportive of the approach. The working party should be led by the National Parks and Wildlife Service.

Model 2 – Council utilise the Escarpment Planning Reference Group to investigate the feasibility of extending Walking Tracks from Mount Kembla to Morton National Park

This model may be implemented in addition to model 1. This model would see Council take a leadership role in extending walking tracks from NPWS estate at Mount Kembla to NPWS estate at Morton National Park. The Illawarra Escarpment Reference Group would need to investigate what mechanisms exist to achieve this link, possible routes and maintenance options.

This model is not recommended at this time, as it would likely divert resources from the achievement of a connected route between the Royal National Park and Mount Kembla. The route would also extend beyond the Wollongong Local Government Area boundary, and be beyond the Charter of the Escarpment Planning Reference Group. The model would require the involvement and support of key stakeholders in other local government areas. The National Parks and Wildlife Service would also be a key stakeholder in this model, and their preference is to focus resources on the achievement


of their current Draft Masterplan. Once the northern route is established, there will be a much stronger case for attracting external funding for extending the walk between Mount Kembla and Morton National Park.

Model 3 – Council request Southern Councils Group establish a Multi-Agency Working Party to revisit previous Illawarra Escarpment Walking Track Plans and investigate implementation options between Mount Kembla and the Shoalhaven River.

This model may be implemented in addition to model 1. This option involves Council writing to the Southern Councils Group requesting they establish a regional multi-agency working party to investigate the feasibility of implementing the Illawarra Region of Councils Illawarra Escarpment Walking Track plans from the early 1990s.

This model is not recommended prior to the successful establishment of an escarpment walk between Royal National Park and Mount Kembla. The current regional focus is on coastal walking track developments.

Southern Councils Group was consulted in the development of model 3. Preliminary discussions indicated Southern Councils Group was not opposed to considering the proposal if Council resolved to implement model 3.

RECOMMENDATION: Endorse Model 1 - Support NPWS to implement their Draft Masterplan for Walking Tracks and associated facilities.


The history of the Illawarra Escarpment Walking Track was prepared with the aid of historical documents held by Council, as well as additional information provided by Councillor George Takacs, Southern Councils Group and John Murray (avid bushwalker). Further history was provided by Neville Fredricks (former IROC Chairman).

Information on the current progress of the Illawarra Escarpment Walking Track was provided by the National Parks and Wildlife Service and the National Parks Association (Illawarra Brach). The draft Council report on an Illawarra Escarpment Walking Track was presented to the Escarpment Planning Reference Group for consideration. The group endorsed the resolutions of the draft report and requested a further resolution be added to write to relevant state members of parliament to seek support for the Illawarra Escarpment Walking Track. This has been included as recommendation 3.


This report relates to the commitments of Council as contained within the Strategic Management Plan:


Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective 1.1 The Natural Environment is Protected and Enhanced under the Community Goal We Value and Protect Our Environment.

It specifically addresses the Annual Plan Key Deliverable ‘Review and implement the actions contained within the Illawarra Escarpment Strategic Management Plan, in conjunction with the Escarpment Planning Reference Group’ which forms part of the Five Year Action 1.1.4.2 Implement priority actions from the Illawarra Escarpment Strategic Management Plan contained within the Delivery Program 2012-17.

Council’s Strategic Framework for Open Space, Recreation and Community Facilities, ‘Planning People Place’ aims to ‘Strengthen links to the Escarpment and other natural areas through appropriate connections (track systems and some recreational settings).’ Strategy 3.3 within the plan is to ‘Maintain and increase trails to strengthen connections and access to open space and facilities’. Action 3.3.4 is to ‘Establish links to trails in National Parks and State Recreation Areas to improve access to these resources.’

The South Coast NSW Destination Management Plan 2013-2020 identifies that ‘walking’ as an activity is under-developed and under-promoted. Developing walking trails and associated facilities is a key step in increasing tourist visitation for Wollongong.


The approximate cost of preparing this report is $3,000.

The costs of participating in a multi-agency working party to support the National Parks and Wildlife Service in their implementation of the Draft Masterplan for Walking Tracks and Associated Facilities 2005 are expected to be minimal and can be funded through existing budget allocations.

Any additional actions or projects arising from these working party meetings would be considered through the annual planning and budgeting cycles.

CONCLUSION

There is broad consensus that an Illawarra Escarpment Walking Track would be a valuable addition to the appreciation of the escarpment and contribute to the tourism and recreational opportunities in Wollongong more broadly. Many of the challenges to implementing a track have been identified in work conducted over the past 40 years, and a route from Stanwell Park to Mount Kembla has emerged as the most feasible for implementation. Wollongong Council is in a strong position to assist the implementation of this route through participating in a multi-agency working party and ensuring works conducted adjacent to National Parks estate are complementary with the plans for an escarpment walking track.


REF: CM222/14 File: Z14/262144

ITEM 8 PROPOSED SALE OF LOT 101 DP 1171375 CNR WATTS LANE AND BELLAMBI LANE, BELLAMBI

The Council property comprising Lot 101 DP 1171375 and Lot 2 DP 874519 was previously under contract for sale to Gujarat NRE. This contract was rescinded in 2013 due to the purchaser being unable to complete the purchase.

Although the site has not been actively marketed for sale since then, Council has received a number of offers to purchase and this report seeks Council’s authority to proceed with the sale by public auction.

RECOMMENDATION

1 Council authorise the sale of Lot 101 DP 1171375 located at the corner of Watts Lane and Bellambi Lane, Bellambi.

2 The General Manager be delegated the authority to approve the reserve price and to finalise the terms of sale.

3 Authority be granted to affix the Common Seal of Council to all documents relating to this sale.

ATTACHMENTS

Site plan




BACKGROUND

In 2010, Council called for Expressions of Interest for the sale of Lot 101 DP 1171375 and Lot 2 DP 874619 located at the corner of Watts Lane and Bellambi Lane, Bellambi and only one submission was received. Council resolved to accept that submission and exchanged contracts, however, the purchaser was unable to settle after Council served a notice to complete and, consequently, the contract was terminated and the property remains in Council’s ownership.

Lot 101 houses three industrial warehouses located on the northern portion of the site with access from Watts Lane. One of the warehouses is partially leased to the Northern Stars Swimming School with the remaining warehouses either vacant or being used for temporary storage of materials used for the Wollongong Mall upgrade. The remainder of the site fronting Bellambi Lane remains vacant.

The adjoining Lot 2 DP 874519, which was included in the previous contract for sale, is occupied by a workshop that is the operational base for Council’s Soils and


Geotechnical Laboratory and it is proposed to withhold this site from any immediate sale due to ongoing operational requirements.

Council has not been actively marketing this site and intended to review this position in 2015. However, Council’s real estate agents, Martin Morris and Jones recently contacted Council advising that strong interest had been shown. Council has received an offer to purchase Lot 101 DP 1171375 and this offer was being considered for referral to Council for consideration.

However, more recently a second party also expressed interest in acquiring this property and as the land is considered to be surplus to Council’s operational requirements, it is proposed that Lot 101 DP 1171375 be placed for sale on the open market by public auction to ensure that the best price is achieved from the sale.

In the event that the sale is not successful at the auction, the property be marketed for sale through Council’s real estate agents.

PROPOSAL

It is proposed that Council authorise the sale of Lot 101 DP 1171375 subject to a three month settlement period. By ensuring three month settlement, Council can continue to utilise the warehouses for storage of materials used for the Mall refurbishment and, if necessary, also enable sections of Council’s Central Depot Workshop to be temporarily relocated to Watts Lane whilst roof repairs are undertaken at Central Depot during January and February 2015.

In the event that the sale not proceed at the auction, the General Manager be authorised to finalise the terms of the sale at a price not less than the upper assessed market value as determined by Councils consultant valuer.


This matter has been subject to negotiation between Council’s real estate agents, Council officers and interested parties.

As the land is classified Operational and is zoned IN2 (Light Industrial) in LEP 2009, public consultation is not required.


This report contributes to the delivery of Wollongong 2022 under the objective “Carry out commercial business management of Council’s operational lands”.

It specifically delivers on core business activities as detailed in the “Property Services” Service Plan 2014-15.


Council will receive the net proceeds from the sale, however, Council will lose the income from the lease to Northern Stars Swimming School in the order of $31,000 pa.


The proceeds of the sale will be used to meet current budget commitments.

There are no Council rates currently payable on this site and rates of approximately $25,000 pa will become payable upon completion of the sale.

CONCLUSION

The proposed sale of Lot 101 DP 1171375 corner Watts Lane and Bellambi Lane, Bellambi will enable this site to be further developed and may provide opportunities for small businesses to establish their operation in this area as part of industrial business park.


REF: CM224/14 File: FI-912.01.002

ITEM 9 POLICY REVIEW: PROCUREMENT

Council’s Procurement Policy has been revised as part of Council’s periodic review process. The draft Procurement Policy is presented to Council for adoption.

RECOMMENDATION

The Procurement Policy be adopted.

ATTACHMENTS

Draft Procurement Policy


Report of: Brian Jenkins, Manager Finance Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,


BACKGROUND

The previous version of the Procurement Policy was adopted by Council in June 2010. The content of this policy remains relevant with some changes pertaining to social procurement.

In the development of this Procurement Policy revision, the area of greatest enhancement is the provision of the mechanism for the inclusion of social value and social procurement into Council’s procurement activities. To create such a mechanism, Council utilised a range of resources including the Social Procurement Action Group of NSW (SPAG), a group comprising of representatives from a range of local, state and federal government organisations (including Wollongong City Council).

SPAG facilitated the development and production of the publication ‘Social Procurement in NSW - A Guide to Achieving Social Value through Public Sector Procurement’. To facilitate the promotion and utilisation of the principles of social value and social procurement within Council, a management policy, ‘Social Value and Social Procurement’ has been developed, and adopted, utilising the input from other councils, SPAG and aligning with the principles proposed within this guide.

The Social Value and Social Procurement Policy provides for the inclusion of social procurement into procurement actions whether as a component of the action or as a wholly identified social procurement initiative by enabling officers to:

• Disaggregate larger contracts of certain works and then progress these identified disaggregated segments as social procurement actions.

• Include within the evaluation criteria of a tender, components for the assessment of the social value provided by tendering parties.


• Quarantine a procurement action as an independent, singular social procurement initiative.

In supporting these actions and furthering Council’s commitment to the provision of greater social equity, Council officers will be developing and delivering a range of information sessions and training programs to staff, social entities and to the supplying public to promote the engagement of social procurement at and with Council.

PROPOSAL

The draft Procurement Policy be endorsed and adopted as a Council policy.


Social Procurement Action Group of NSW (SPAG).

To further the development of the policy, in addition to the actions taken to develop social procurement mechanisms within this policy, an exhaustive consultation and communication process has been pursued in the preparation of this document with the following Council staff:

WCC Strategic Procurement Steering Committee (SPSC) Membership – Greg Doyle, Kerry Hunt, Brian Jenkins, Chris Hayne, Peter Weber, Mike Dowd, Glenn Whittaker, Kalyan Mondal, Vicky Abela

Jeff Reilly - General Counsel

Jenny Thompson - Manager Library and Community Services

Elizabeth Cohen - Project Accountant

Phil Crutchley – Inventory Supply Coordinator

Nathan Warren - Procurement and Fleet Management Coordinator


This report relates to the commitments of Council as contained within the Strategic Management Plans:

Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective our local council has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically addresses the following Strategies and Delivery Program Actions which form part of the Five Year Delivery Program 2012-17:

1.3.3 Our community is proactively engaged in a range of initiatives that improve the sustainability of our environments.

2.1.4 Innovation through social enterprise and social business opportunities is encouraged and supported.


4.4.1 Positive leadership and governance, values and culture are built upon.

4.4.5 Finances are managed effectively to ensure long term financial sustainability.

4.4.5.1 Carry out Council’s Financial Sustainability Program.

4.4.1.3 Continue to build a professional, customer focussed quality organisation.

4.4.4.1 Ensure policies and procedures are regularly reviewed, updated and promoted.

4.4.5.2 Effective and transparent financial management systems are in place.

CONCLUSION

The revised Procurement Policy provides guidance for Council officers and key stakeholders on Council’s position regarding procurement strategies and actions in expending the community’s money wisely.


REF: CM223/14 File: RG-914.05.001

ITEM 10 POLICY REVIEW: ENCROACHMENT

A review of Council’s Encroachment Policy has been undertaken in accordance with Council’s rolling review schedule. This revised Policy is now submitted for Council’s consideration.

RECOMMENDATION

The revised Encroachment Policy be adopted.

ATTACHMENTS

Revised Encroachment Policy (in mark-up format).


Report of: Jeannie Nicol, Manager Regulation and Enforcement Authorised by: Andrew Carfield, Director Planning and Environment – Future City

and Neighbourhoods

BACKGROUND

The Council Encroachment Policy has been reviewed in accordance with Council’s rolling review schedule for consideration by Council.

This Policy was originally adopted on 24 November 2009 and is now due for review. The Policy has been reviewed to include the current referral process between the Property and Recreation Division, Regulation and Enforcement and the proposed referral system with the Development Assessment and Certification Division. The proposal also includes additional details relating to the process and approach to an investigation under the Policy.

PROPOSAL

It is proposed that Council adopt the revised Encroachment Policy.


The Property and Recreation Division and Development Assessment Certification Division have been consulted in this review.



Wollongong 2022 Community Goal and Objective – This report contributes to the Wollongong 2022 Objective “our local Council has the trust of the community” under the Community Goal “we are a connected and engaged community”.

It specifically delivers on core business activities as detailed in the Regulation and Enforcement Service Plan 2013/14.

CONCLUSION

The revisions to the existing Policy are recommended for endorsement by Council.


REF: CM219/14 File: ESP-100.05.001

ITEM 11 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN - 2014 UPDATE

On 14 June 2006 the Wollongong City Council Section 94A Development Contributions Plan came into force. The Section 94A Plan is linked to the Wollongong 2022 Community Strategic Plan. The Works Schedule included in the Section 94A Plan is a subset of the works program expressed in the adopted Capital Budget Delivery Program 2012-2017. As a consequence of the annual update of the Delivery Program, it is necessary to update the Section 94A Plan for consistency.

It is recommended that the draft Section 94A Plan be exhibited for community comment.

RECOMMENDATION

1 The draft Wollongong Section 94A Development Contributions Plan 2014 incorporate the following amendments:

a updating the Works Program and maps to reflect the 2014-15 Capital Budget Delivery Program;

b listing in clause 13 – Residential care facilities and Industrial training facilities as being exempt uses; and

c including other minor changes as listed in this report.

2 The draft Wollongong Section 94A Development Contributions Plan 2014 (Attachment 1) be exhibited for a minimum period of 28 days.

ATTACHMENTS

Draft Wollongong Section 94A Development Contributions Plan 2014



and Neighbourhoods

BACKGROUND

Section 94A of the Environmental Planning and Assessment Act 1979 enables Council to apply a percentage levy on the cost of development within a specific area. These funds are then applied to new or augmented works within the collection area. A plan of works to expend these funds must be publicly exhibited and adopted. Section 94A Plans are generally used in developed areas where increased development creates a general increase in demand for services and facilities.

The City-Wide Section 94A Contribution Plan came into force on 14 June 2006. This Section 94A Plan repealed the previous 12 Section 94 Plans. In January 2007 it was


amended to include an additional levy for the Wollongong City Centre and renamed, ‘Combined City Wide and City Centre Section 94A Development Contributions Plan’. In July 2009 it was amended by further combining Part A – City Wide and Part B – City Centre and renamed ‘Wollongong Section 94A Development Contributions Plan’. Section 94A Plan applies to the whole LGA, except stages 1 and 2 of the West Dapto Release Area, where the West Dapto Section 94 Development Contribution Plan applies.

The Section 94A Plan requires the payment of contributions based on the value of development as follows:

• Up to $100,000 – Nil;

• 0.5% for developments with a cost of between $100,001 to $200,000;

• 1% for developments with a cost of more than $200,000; and

• 2% for developments within the B3 Commercial Core zone in the City Centre with a cost of more than $250,000 and that increases the gross floor area.

The Section 94A Plan is linked to the Wollongong 2022 Community Strategic Plan, in particular the five year Delivery Program, so that there is a single process and a single works schedule that governs Council’s infrastructure provision and activities. The Delivery Program is the document which provides the community with an overview of the major projects and activities proposed by Council for the next five years, including the capital budget. The Delivery Program is reviewed on an annual basis and the major capital projects and activities are reviewed and amended accordingly. The Section 94A Plan needs to be updated annually to remain consistent with the Capital Delivery Program. Council endorsed the 2014-15 Annual Plan on 23 June 2014 and the detailed Capital Delivery Program was finalised soon after.

Council endorsed the current Wollongong Section 94A Development Contribution Plan (2013) on 9 September 2013.

PROPOSAL

This report proposes that the Section 94A Plan be updated to reflect the Works Program in Council’s 2012-2017 Delivery Program and 2014-15 Annual Plan as well as associated minor administrative amendments.

1 Works Program 2013-14

Council at its meeting on 25 June 2012 adopted the Wollongong 2022 Community Strategic Plan including the five year Delivery Program for 2012-2017 and Council at its meeting on 23 June 2014 adopted the Annual Plan 2014-15. The Delivery Program 2012-2017 provides for $303.3 million of total expenditure, for which only approximately 7% or $20.8 million of funding is met by Section 94A funds.


Some of the projects delivered in 2013-14 utilising Section 94A funding include:

• Holburn Park, Berkeley –playground;

• Corrimal Memorial Park – shade area;

• Cordeaux Road, Figtree – bridge;

• Parkes Street, Helensburgh – footpath, kerb and gutter;

• Stoney Creek Bridge, Coalcliff – Grand Pacific Way;

• Thomas Dalton Park, Fairy Meadow – sports field irrigation;

• Princes Highway, Dapto – share path between Unara Road and Northcliffe Drive; and

• Ocean Park, Woonona – car park.

Schedule 4 within the draft Wollongong Section 94A Development Contributions Plan 2014 (Attachment 1) provides a more detailed list of projects partially or fully funded with Section 94A income since 2011-12.

2 Works Program 2014-15

As noted, it is appropriate to review and update the Section 94A Plan to reflect the current Works Program contained within the Annual Plan 2014-15. The items listed for completion in the previous year remain listed in Schedule 4, to provide a historic record of completed projects, plus some projects have carried over to the current year.

The Section 94A Plan is a legislative document which is governed by the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. One of the requirements for a contributions plan under Regulation 27(1)(h) is that a contributions plan must include a ‘map showing the specific public amenities and services proposed to be provided by the Council, supported by a works schedule that contains an estimate of their cost and staging (whether by reference to dates or thresholds)’.

In order to comply with Section 94A legislation, the items within the Delivery Program for 2012-2017 which rely on Section 94A funding have been incorporated into the Detailed Works Schedule and associated Maps contained in the draft Section 94A Plan attached to this report (see Attachment 1). Projects that have been completed have been removed from the maps to avoid confusion.


3 Section 94A Plan Review

A. Review of exemptions

Clause 13 of the Section 94A Plan currently exempts the following developments from being required to pay a development contribution. It is noted that developments with a value of less than $100,000 are not subject to the provisions of the Plan.

13. Are there any exemptions to the levy?

The following Directions under Section 94E of the Environmental Planning and Assessment Act 1979 have been made by the Minister for Planning that require that a Section 94A levy cannot be imposed on development:

a. For the purpose of disabled access (10/11/06);

b. For the sole purpose of affordable housing (10/11/06) – (including Granny Flat/Secondary dwelling under 60m²);

c. For the purpose of reducing the consumption of mains-supplied potable water, or reducing the energy consumption of a building (10/11/06);

d. For the sole purpose of adaptive re-use of an item of environmental heritage (note: the term ‘item’ and ‘environmental heritage’ have the same meaning as in the Heritage Act 1977) (10/11/06);

e. Other than the subdivision of land, where a condition under section 94 of the Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out (10/11/06);

f. Seniors living development under SEPP Seniors Housing 2004 by a Social Housing provider (14/9/07);

g. Components of school development that is a Building Education Revolution (BER) project (9/9/09).

In addition, Council may allow for the following exemptions (partial or full):

h. An application on behalf of the Council for community infrastructure, such as but not limited to libraries, community facilities, child care facilities, recreational areas, recreational facilities or car parks;

i. An application on behalf of the NSW Government for public infrastructure, such as but not limited to hospitals, police stations, fire stations; education facilities and public transport infrastructure;


j. An application for privately funded community infrastructure, such as but not limited to education facilities, universities, and private hospitals;

k. Any other development for which Council considers an exemption is warranted, where the decision is made by formal ratification of the Council at a public Council meeting;

l. An application by the Council for community infrastructure, such as but not limited to libraries, community facilities, child care facilities, recreational areas, recreational facilities or car parks;

m. An application by the NSW Government for public infrastructure, such as but not limited to hospitals, police stations, fire stations; education facilities and public transport infrastructure;

n. An application for an industrial, retail or commercial development, where there is no increase in floor space within an existing building, such as but not limited to internal fit-out or alteration to existing structure;

o. An application for the continued operation of a coal mine, where rail transport is used for the transportation of coal;

p. An application for a place of public worship;

q. An application for demolition (where there is no replacement building or development).

An exemption request has been received from Marco Polo requesting that a ‘residential care facility’ be exempt. Council has approved DA-2007/817/C for a $22 million residential care facility at Watergum Way, Woonona. Residential care facilities are a type of seniors housing, and used to be defined as nursing homes. The use is defined in the Wollongong LEP 2009 as:

residential care facility means accommodation for seniors or people with a disability that includes:

(a) Meals and cleaning services; and

(b) Personal care or nursing care, or both; and

(c) Appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility.

Marco Polo requests that the use be exempt as:

• Marco Polo is a Public Benefit Institution (ie Not for Profit Organisation) and has approvals from the State and Commonwealth Government for


exemptions and concessions from some State and Commonwealth taxes.

• The proposed building is an aged care facility providing services to:

o Persons with disabilities;

o The frail / aged;

o Persons who are financially and socially disadvantaged;

o Persons from Culturally and Linguistically Diverse (CALD) communities; and

o Veterans.

All of the above are classified by the Commonwealth as Persons with Special Needs.

• The Section 94A Plan exempts ‘Privately funded community infrastructures such as, but not limited to, education facilities, universities and private hospitals’. A residential aged care facility also fits within this definition. Marco Polo indicate there is a clear distinction between a retirement village/independent living units and a residential aged care facility, for example:

o Residents will be provided with services similar to those provided in a hospital including medical services, meals, accommodation;

o There will be a quite comprehensive activities program the majority of which will be conducted on our premises with minimum call on Council resources. We do take our residents on regular bus trips, using our own transport and do visit local parks and attractions. Our residents are always accompanied on these outings by Marco Polo staff and volunteers;

o Marco Polo – Woonona Care Services will employ in excess of 200 staff at our Watergum Way site. This is all new jobs. In addition we will contract services from within the Illawarra for food, cleaning materials, IT services, stationery etc. plus maintenance;

o We will also develop an active volunteer program which could reasonably be expected to reduce demand on Council services including day care, meals on wheels etc; and

o Our facility is proximate to an over 55 seniors housing development. We have sought approval from the Department of Social Services to operate 30 consumer directed home care packages. This service will likewise reduce the demand on Council home care services.


If Council supports the exemption request, the Section 94A contribution condition of $220,000 (1% of $22 million) will need to be removed from the consent following consideration of a Section 96 modification request.

It is recommended that Council supports Marco Polo’s request and exempt ‘residential care facilities’ from paying a Section 94A Developer Contribution as:

• The use provides a community benefit;

• Seniors housing provided by a Social Housing provider is already exempt by Ministerial Direction. Residential care facilities are a form of seniors housing;

• The use is similar to a hospital which is exempt; and

• The residents of the facility make little use of Council services and facilities.

The request also triggered a review of all land uses in the Wollongong LEP 2009 to determine whether there are other similar uses which also should be exempt.

The review considered the land use’s demand on Council’s services and facilities which are funded through Section 94A, namely roads, cycleways/footpaths, community centres, recreation facilities, draining infrastructure and public transport infrastructure (bus stops). The following table provides a summary of the demand on different types of the broad land use categories on Council services and facilities.

Creates demand for improved Council services / facilities

Roads Drainage Open Space Community

Facilities Public

Transport

Agricultural uses Yes No (rural) No No No

Residential uses Yes Yes Yes Yes Yes

Commercial uses Yes Yes Urban public

spaces No Yes

Industrial uses Yes Yes No No Yes

Tourism uses Yes Yes Some No Some

Residential uses creates demand on all types of services and facilities, whereas other uses create demand on some of the services and facilities. All of the broad land use groups create a demand on at least one of the types of services and facilities provided by Council.


The review identified another land use that could be considered for an exemption, namely ‘industrial training facilities’. Industrial training facilities are defined as:

A building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

Given the service these types of facilities provide to assist people back into the workforce, it is considered an exemption is also warranted. An exemption would demonstrate that Council is supporting employment training/re-training facilities.

It is recommended that the draft Section 94 Plan also include industrial training facilities as being exempt from Section 94A contributions.

B. Minor changes

As part of each annual review of the Section 94A Plan other aspects may be identified that can be improved.

There are only very minor changes proposed for the 2014 Plan. The following amendments are proposed:

1. Renaming of the Plan to ‘Wollongong Section 94A Development Contributions Plan (2014)’.

2. Replacement of the imagery on the cover page to assist in distinguishing the 2014 draft Plan from the current 2013 version.

3. Amend Clause (7) by adding 2013 version of Plan repealed by the incoming 2014 version.

4. Update Schedule 2 – Works Schedule Summary to reflect new works Schedule.

The title, table of contents and formatting of the document has also been updated.


If Council endorses the revised draft Wollongong Section 94A Development Contributions Plan it will be publicly exhibited for a minimum period of 28 days. Copies will be available on Council’s website and at Council libraries.

Following the exhibition period, a report on submissions will be prepared for Council’s consideration.



This report contributes to a number of Wollongong 2022 objectives as the Section 94A Plan is aligned with the Capital Works Program, and contributes to the funding required to meet the Delivery Program.

It specifically delivers on core business activities as detailed in the Land Use Planning Service Plan 2014-15.


At 1 July 2014 the balance of Section 94A Contributions held was $1.328 million and the forecast income for 2014-15 is approximately $5.4 million (including the forecast $4.2 million due upon completion of GPT’s Keira West development). This makes maximum available funding for 2014-15 of $6.7 million.

The proposed Works Schedule for 2014-15 includes $4.291 million, of Section 94A funds.

If all 2014-15 scheduled projects are to be completed and actual income matches forecast income there will be a surplus of approximately $2.4 million. This will be monitored as the delivery program is finalised and projects are scheduled to commence.

The 2014-17 forecast capital works will continue to be reviewed in future years, in order to match available Section 94A funding.

CONCLUSION

The Wollongong Section 94A Plan is an important mechanism to assist with funding community infrastructure within the City. This report recommends that the existing Plan be updated to reflect Council’s draft Annual Plan 2014-15 as well as associated minor administrative amendments.

It is recommended that the amended draft Plan (Attachment 1) be exhibited for community comment.


REF: CM228/14 File: FI-230.02.496

ITEM 12 QUOTATION E4407 - QUOTATION FOR THE LEASE TO OPERATE BULLI BEACH TOURIST PARK KIOSK/CAFÉ

This report recommends acceptance of the quotation for the lease to operate Bulli Beach Tourist Park kiosk/café in accordance with the requirements of the Local Government (General) Regulation 2005.

Three quotation submissions were received and the report recommends Council accept the quotation submitted by Ruby’s on Bulli Beach.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the quotation of Ruby’s on Bulli Beach for the lease to operate Bulli Beach Tourist Park kiosk/café for a period of five (5) years with a five (5) year option at a commencing rent of $84,000 pa, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the lease agreement 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 lease agreement and any other documentation, should it be required to give effect to this resolution.

ATTACHMENTS

There are no attachments for this report.




BACKGROUND

Quotations were invited by the open quotation method with a close of quotations at 10.00 am on Thursday 21 August 2014.

Three quotations were received by the close of quotations and all submissions have been scrutinised and assessed by a quotation assessment panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Property and Recreation Division.


The quotation assessment panel assessed all quotation submissions in accordance with the following assessment criteria as set out in the formal quotation documents:

1 Proposed rental to be paid to Council in Year 1;

2 Demonstrated experience in operating a kiosk/café;

3 Demonstrated experience in operating a convenience store;

4 Demonstrated experience in catering of food;

5 WH & S and Risk Management policies and procedures;

6 Demonstrated strengthening of local economic capacity; and

7 Referees (two mandatory).

The quotation assessment panel utilised a weighted scoring method for the assessment of quotations which allocates a numerical score out of 5 in relation to the level of compliance offered by the quotations to each of the assessment criteria as specified in the quotation 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 quotation. The quotation with the highest total score is considered to be the quotation that best meets the requirements of the quotation documentation in providing best value to Council. Table 1 below summarises the results of the quotation assessment and the ranking of quotations:

TABLE 1 – SUMMARY OF QUOTATION ASSESSMENT

Quotation Ranking

Ruby’s on Bulli Beach 1

Blusalt Catering 2

Birjen Pty Ltd 3

PROPOSAL

The successful applicant will be required to enter into a lease agreement with the following essential terms:

Lease term: 5 Years + 5 Year option term

Permitted Use: Café/kiosk for the sale of food and beverages, convenience store and food delivery service within the land of which the property forms part.

Date of Commencement:

10 November 2014 - estimated

Lease Fee: $84,000 pa (plus GST)


Review of Lease Fee: Annual 4% increase.

Review of Lease Fee to Current Market Rent:

At exercise of option term.

Outgoings: 100% of Council Rates, land tax, electricity, telephone, garbage costs, grease trap costs in relation to the leased premises; and

A fixed contribution of $400.00 per quarter (GST incl) for gas, water charges and usage increased by 4% per annum upon each anniversary of the commencement date.

Note - Council is currently unable to separately meter gas and water provision to the site and, therefore, proposes to apportion a fixed fee for utilities. The fixed fee is based on an average of the previous four years’ charges and provides a simplified billing process.

Maintenance: Lessee will keep the premises clean and tidy and in good order and condition and is responsible for those items as identified in the Leased Buildings Maintenance Responsibility in Attachment 1 of this Lease. In complying with this condition the Lessee will thoroughly clean the premises at least once a day and more often if necessary to maintain a high level of hygiene and cleanliness.

Insurance: Public Risk insurance $20 million. Building Insurance for full replacement value based on Council’s annual valuation listings.

Legal Costs: Lessee required to pay $785 (GST incl) pursuant to Council’s Fees and Charges for the preparation of the Lease.

The recommended quotation of Ruby’s on Bulli Beach has satisfied the quotation assessment panel that it is capable of fulfilling the terms and conditions of the lease agreement to the satisfaction of Council.

Ruby’s on Bulli Beach has been the current tenant of Bulli Tourist Park kiosk/café for the past 5 years and, prior to this, was the tenant of Bulli Beach Café for about 10 years. During this time, they have proven to be reliable tenants and paid their rent to Council on time.


1 Members of the quotation assessment panel; and the

2 Commercial Business Manager (Acting).



This report contributes to the delivery of Wollongong 2022 under the objective “Provide Statutory Services to appropriately manage and maintain our public spaces” under Community Goal 5 “We are a healthy community in a liveable city”.

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2014-15.

RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered low on the basis that the quotation process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993.


The recommended submission received from Ruby’s on Bulli Beach provides for a commercial rent of $84,000 pa plus GST with annual reviews during the term to 4% and to market at the commencement of the option term.

CONCLUSION

Council should endorse the recommendations of this report.


REF: CM225/14 File: IW-909.008

ITEM 13 MINUTES OF CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING HELD 20 AUGUST 2014

Meetings of the City of Wollongong Traffic Committee were held on 20 August 2014. The minutes (items 16–19) in relation to Regulation of Traffic, which must be determined by Council, are presented.

With respect to the City of Wollongong Traffic Committee minutes of 20 August 2014 –

• Items 1–15 have been adopted by Council through delegated authority.

• Items 16–19 recommend Council approve the temporary regulation of traffic on public roads for works or events by independent parties.

RECOMMENDATION

In accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee Meeting held on 20 August 2014 in relation to Regulation of Traffic be adopted.

ATTACHMENTS

1 Traffic Management Plan – St Michael’s Primary School 2 Traffic Management Plan – Sydney FC v Wellington Phoenix 3 Traffic Management Plan – Australia v Samoa 4 Traffic Management Plan – Loftus Street Wollongong 5 Council’s Standard Conditions for Road Closures


Report of: Mike Dowd, Manager Infrastructure Strategy and Planning Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity Assets

and Liveable City

BACKGROUND

REGULATION OF TRAFFIC

16 THIRROUL Station Street – St Michael’s Primary School Annual Fete 11 October 2014

Background:

St Michael’s Primary School have requested a road closure of Station Street, Thirroul for their Annual Fete. As in previous years the school would like to use the roadway for activities due to space constraints within the school grounds. The road closure hours proposed are 7am – 3.30pm.


PROPOSAL SUPPORTED UNANIMOUSLY The road closure shown in the Traffic Management Plan be approved subject to Council’s Standard Conditions for road closures.

17 WOLLONGONG WIN Stadium – Sydney FC v Wellington Phoenix

Background:

The Sydney FC v Wellington Phoenix game is being held at WIN Stadium on Friday, 19 September. Gates open from 6pm, with the main game kicking-off at 7.30pm, and the event expected to conclude at about 9.15pm. At this stage it is expected that 6,000-8,000 people will be attending the game.

To allow safe access for a potentially large number of people along Harbour Street, a road closure is requested in Harbour Street, from Burelli Street to Stewart Street, and a southern lane closure from Crown Street to Burelli Street from 5.30pm on Friday, 19 September until 9.30pm. To allow for the safe passage of pedestrians to Gate D it is also requested that Quilkey Place be closed from 6am - 9pm (to avoid cars left in the area and obstructing access to Gate D).

PROPOSAL SUPPORTED UNANIMOUSLY

The road closure shown in the Traffic Management Plan be approved subject to Council’s Standard Conditions for road closures

18 WOLLONGONG WIN Stadium – Australia v Samoa

Background:

The Australia v Somoa game is being held at WIN Stadium on Sunday, 9 November 2014. Gates are open from 1pm with the Youth Competition game commencing at 1.30pm, with the main game kicking-off at 4pm, and the event expected to conclude at about 6.30pm. At this stage it is expected that 12,000 people will be attending the game.

To allow safe access for a potentially large number of people along Harbour Street, a road closure (similar to previous games) is requested in Harbour Street, from Burelli Street to Stewart Street, and a southern lane closure from Crown Street to Burelli Street on Sunday, 9 November 2014 from 1.30pm until 6.00pm. To allow for the safe passage of pedestrians to Gate D it is also requested that Quilkey Place be closed from 6am - 6pm (to avoid cars left in the area and obstructing access to Gate D).



The road closure shown in the Traffic Management Plan be approved subject to Council’s Standard Conditions for road closures and use of ‘Road Closed Ahead’ signs on the:

1 Corrimal Street southbound approach to Crown Street; and

2 Burelli Street eastbound approach to Corrimal Street.

19 WOLLONGONG Loftus Street

Background:

An application has been received for a road closure of Loftus Street between the Wollongong Hospital entrance and Darling Street to facilitate the removal of a tower crane at the north-eastern corner of the site. The proposed dates for the closure are: Saturday 11, Sunday 12, Saturday 18, and Sunday 19 October 2014. Also as a contingency, permission to undertake the closure has been requested for Saturday 27 and Sunday 28 October 2014.

Resident access to properties within the road closure will be maintained at all times. General on-street car parking will be managed by the traffic control company via a controlled access arrangement. Ambulance and patient transport vehicles will have access to the main hospital entrance at all times via the western end of Loftus Street. Pedestrian access will be maintained along the northern footpath in Loftus Street.


The road closure shown in the Traffic Management Plan be approved subject to Council’s Standard Conditions for road closures.


This report contributes to the delivery of Wollongong 2022 under the objective Community Goal 5 – We are a healthy community in a liveable city.

It specifically delivers on core business activities as detailed in the Transport Services Plan 2014-15.

MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 25 August 2014

Present

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

In Attendance

General Manager – D Farmer, Director Corporate and Community Services –Creative, Engaged and Innovative City – G Doyle, Director Infrastructure and Works – Connectivity, Assets and Liveable City – M Hyde, Director Planning and Environment – Future, City and Neighbourhoods – A Carfield, Manager Governance and Information – L Kofod, Manager Finance – B Jenkins, Manager Property and Recreation – P Coyte, Manager Environmental Strategy and Planning – R Campbell, Manager Project Delivery – G Whittaker and Manager Infrastructure Strategy and Planning – M Dowd

Minutes of Ordinary Meeting of Council 25 August 2014

INDEX PAGE NO.

Disclosures of Interest ........................................................................................ 1

Public Access Forum – Dogs on Beaches Policy ............................................... 1

Call of the Agenda .............................................................................................. 2

ITEM A Notice of Motion Councillor Takacs - Climate Change Threats to Coastal Councils ................................................................................................ 2

Matter of Great Urgency – Suspension and Full Review of 10/50 Vegetation Clearing Code of Practice................................................................. 3

ITEM B Notice of Motion Councillor Curran - New Voting Rules – Local Government ........................................................................................................ 4

ITEM 1 Election of Deputy Lord Mayor ........................................................................... 6

ITEM 2 Election of Councillors to Various Committees and Organisations ..................... 7

ITEM 3 Delegation of Voting Rights to Councillors for the 2014 Local Government NSW Annual Conference 19-21 October 2014 ............................ 11

ITEM 4 2015 Council Meeting Structure and Cycle ...................................................... 11

ITEM 5 Southern Joint Regional Planning Panel - Review of Former 7(d) Lands at Helensburgh, Otford and Stanwell Tops ............................................ 12

ITEM 6 Draft Planning Proposal - Lot 5 DP 1132746 North Marshall Mount Road, Marshall Mount ...................................................................................... 13

ITEM 7 Wollongong Development Control Plan 2009 - Appendix 1: Public Notification and Advertising Procedures - Post Exhibition Report .................... 14

ITEM 8 Proposed Acquisition of Lot 2 DP 1153054 Short Lane, Helensburgh ............ 14

ITEM 9 Tender T14/15 - Provision of Traffic Lights, Auburn and Burelli Streets, Wollongong .............................................................................. 14

ITEM 10 Tender T14/14 - Provision of eRecruitment Software as a Service Solution ............................................................................................................ 15

ITEM 11 Koonawarra Community Centre - 2014/15 Fees and Charges ......................... 15

Minutes of Ordinary Meeting of Council 25 August 2014

PAGE NO. ITEM 12 Draft Quarterly Review - June 2014 ................................................................. 16

ITEM 13 July 2014 Financials ......................................................................................... 16

ITEM 14 Statement of Investments - July 2014 ............................................................. 16

Minutes of Ordinary Meeting of Council 25 August 2014 1

Minute No. DISCLOSURES OF INTERESTS

Councillor Martin declared a non-significant, non-pecuniary conflict of interest in Items 5 and 6 due to her employment at the Department of Planning and Environment.

Councillor Takacs declared a non-significant, non-pecuniary conflict of interest in Item 5 as he was a member of the Planning Panel which made the decision on this matter.

Councillor Petty declared a significant pecuniary interest in Item 5 as he owns land in the area and although the report’s recommendation is for notation and that a letter will be written, Councillor Petty advised that he would still depart the Chambers during debate and voting on the matter.

Councillor Petty also declared a significant pecuniary interest in Item 9 due to his employment by a company which has a business relationship with a tenderer.

Councillor Crasnich declared a non-pecuniary, non-significant interest in Item B as he previously worked for the Member for Kiama, who was the Chair of the Committee which came up with the findings in relation to the subject of the Notice of Motion.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON MONDAY, 11 AUGUST 2014

148 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Colacino that the Minutes of the Ordinary Meeting of Council held on Monday, 11 August 2014 (a copy having been circulated to Councillors) be taken as read and confirmed.

PUBLIC ACCESS FORUM – DOGS ON BEACHES POLICY

Mr R Martin said that he had moved to the area because he was told by friends that there was community spirit and because Wollongong was an inclusive area for all people, including their dogs. As he worked from home he walked his dog twice a day along beaches and in parks. However, he was recently told whilst walking his dog of the proposed changes planned for the Dogs on Beaches policy. He said that this advice about proposed changes to the policy was not provided by Council by way of information in the rates notice, or newspaper advertisements.


Minute No. When reading the report which Council considered on 28 July 2014, Mr Martin was surprised to see that for the period between July 2012 and March 2014, there had been 58 complaints out of 205,834 residents about dogs on beaches. There had been 11 complaints about Sharkey’s Beach, which is 0.02% of the residents who live in that area. In conclusion, Mr Martin asked that when Council considers any changes to the Dogs on Beaches policy, that Councillors consider the benefit of those changes for the majority of Wollongong residents.

149 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that Mr Martin be thanked for his presentation and invited to table his notes.

CALL OF THE AGENDA

150 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Dorahy that the staff recommendations for Items 6, 7, and 10 to 14 inclusive, be adopted as a block.

ITEM A – NOTICE OF MOTION COUNCILLOR TAKACS - CLIMATE CHANGE THREATS TO COASTAL COUNCILS

151 COUNCIL’S RESOLUTION – MOVED by Councillor Takacs seconded Councillor Merrin that Council write to –

1 The Prime Minister of Australia, The Hon Tony Abbott MP, urging him to take account of the threat posed by human induced climate change to –

i our coastal infrastructure; and,

ii the health and long term prosperity of our residents, and place human induced climate change, and its economic, social and environmental consequences, on the agenda for this year’s G20 meeting.

2 All other coastal councils around Australia informing them of our action on this matter.

Variation The variation moved by Councillor Colacino to add the words ‘human induced’ to Part 1 was accepted by the mover and seconder.


Minute No. An AMENDMENT was MOVED by Councillor Petty seconded Councillor Dorahy that Council write to the Prime Minister of Australia, The Hon Tony Abbott MP, urging him to take account of the threat posed by climate change to –

1 Our coastal infrastructure; and,

2 The health and long term prosperity of our residents, and place human induced climate change, and its economic, social and environmental consequences, on the agenda for this year’s G20 meeting.

Councillor Petty’s AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Dorahy and Petty Against Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs,

Colacino, Crasnich, Curran and Bradbery

Councillor Takacs’ MOTION on being PUT to the VOTE was CARRIED UNANIMOUSLY.

MATTER OF GREAT URGENCY

The Lord Mayor had been advised earlier in the day by Councillor Merrin that she had intended to raise a Matter of Great Urgency. This should have been raised prior to consideration of Item A and he now asked Councillor Merrin to put forward her case for the urgent motion.

Councillor Merrin requested that the Lord Mayor give consideration to a matter of great urgency in relation to recent amendment of the 10/50 Vegetation Clearing Code of Practice.

The Lord Mayor deemed the matter not to be of great urgency.

Councillor Merrin MOVED a motion of dissent on the Lord Mayor’s ruling.

The Lord Mayor invited Councillor Merrin to outline the reasons why she felt that the matter was of great urgency.


Minute No. The Lord Mayor’s ruling that Councillor Merrin’s motion was not urgent was subsequently PUT to the VOTE and UPHELD.

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

Against Councillors Takacs, Merrin and Curran

DEPARTURE OF COUNCILLOR

During debate and prior to voting on Item B, Councillors Colacino and Crasnich departed and returned to the meeting, the times being from 6.32 pm to 6.34 pm, and from 6.47 pm to 6.48 pm, respectively.

ITEM B – NOTICE OF MOTION COUNCILLOR CURRAN - NEW VOTING RULES – LOCAL GOVERNMENT

The following PROCEDURAL MOTIONS were MOVED to allow additional time for the respective Councillors to address the meeting in relation to Item B. An extension of five minutes was granted in each case –

• Moved Councillor Petty seconded Councillor Takacs, additional time for Councillor Curran;

• Moved Councillor Colacino seconded Councillor Dorahy, additional time for Councillor Crasnich;

• Moved Councillor Martin seconded Councillor Merrin, additional time for Councillor Brown.

MOVED Councillor Curran seconded Councillor Takacs that –

1 Council urgently write to and call the Office of the NSW Premier, The Hon Mike Baird MP, requesting that the Bill to change the voting rules for local government elections be deferred so proper consultation and public review of both the Shooters’ Party Bill and Alex Greenwich's Bill can occur.

2 A copy of the letter be sent to all NSW Members of Parliament and the President of Local Government NSW.

At this point, Councillor Bradbery FORESHADOWED a MOTION should Councillor Curran’s Motion be defeated.


Minute No.

Councillor Curran’s MOTION on being PUT to the VOTE was LOST.

In favour Councillor Connor, Merrin and Curran Against Councillors Kershaw, Brown, Martin, Takacs, Blicavs, Dorahy, Colacino,

Crasnich, Petty and Bradbery

Following the defeat of Councillor Curran’s MOTION, Councillor Bradbery’s FORESHADOWED MOTION then became the MOTION.

152 COUNCIL’S RESOLUTION - MOVED by Councillor Bradbery seconded Councillor Brown that -

1 Wollongong City Council write to Local Government NSW to support the Association’s objections to any proposal to alter the existing arrangements for voting in Local Government Elections in relation to business and corporate entities being given extra voting rights over an Australian Citizen of a local government area in New South Wales. Council encourages Local Government NSW, if needed, to take the matter as far as the High Court, on the basis that the proposed change is a violation of the notion of Universal Suffrage as a basic tenet of the democratic principles governing Australia.

2 Council’s stance on this matter be immediately communicated to all Members of the NSW Parliament.

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

1 Wollongong City Council write to Local Government NSW to support the Association’s objections to any proposal to alter the existing arrangements for voting in Local Government Elections in relation to business and corporate entities being given extra voting rights over an Australian Citizen of a local government area in New South Wales. Council encourages Local Government NSW, if needed, to take the matter as far as the High Court, on the basis that the proposed change is a violation of the notion of Universal Suffrage as a basic tenet of the democratic principles governing Australia.

2 Council urgently write to and call the Office of the NSW Premier, The Hon Mike Baird MP, requesting that the Bill to change the voting rules for local government elections be deferred so proper consultation and public review of both the Shooters’ Party Bill and Alex Greenwich's Bill can occur.

3 Council’s stance on this matter be immediately communicated to all Members of the NSW Parliament.


Minute No.

Councillor Merrin’s AMENDMENT on being PUT to the VOTE was LOST.

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

Crasnich, Petty and Bradbery

Councillor Bradbery’s MOTION on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Colacino, Curran, Petty and Bradbery

Against Councillors Dorahy and Crasnich

ITEM 1 - ELECTION OF DEPUTY LORD MAYOR

153 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Crasnich that -

1 Council elect a Deputy Lord Mayor for a term, effective immediately, and up until the first Council meeting in September 2015.

2 The election of Deputy Lord Mayor be by open voting.

3 Council proceed to conduct the election of Deputy Lord Mayor in accordance with the determined method and the requirements of the Local Government (General) Regulation 2005.

Variation The variation moved by Councillor Bradbery to remove the words ‘one year’ in Part 1, and replace them with ‘effective immediately, and up until the first Council meeting in September 2015’, was accepted by the mover and seconder.

The General Manager advised that nominations closed at 6.00 pm on 25 August 2014 and, in the order of receipt, three nominations had been received for Councillors Connor, Colacino and Petty.

On a show of hands, the following votes were recorded:

• Councillor Connor: Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin and Curran

• Councillor Colacino: Councillors Blicavs, Dorahy, Colacino, Crasnich and Bradbery

• Councillor Petty: Councillor Petty


Minute No. Councillor Petty, with the least number of votes, was excluded.

On a second show of hands, the following votes were recorded (Councillor Petty abstained from voting):

• Councillor Connor: Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin and Curran

• Councillor Colacino: Councillors Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Councillor Connor was subsequently declared elected as Deputy Lord Mayor.

The Lord Mayor congratulated Councillor Connor on his re-election and expressed his appreciation for his work over the past 12 months as Deputy Lord Mayor.


Prior to nominations being called for the Joint Regional Planning Panel, Councillor Blicavs departed and returned to the meeting, the time being from 8.00 pm to 8.02 pm.

ITEM 2 - ELECTION OF COUNCILLORS TO VARIOUS COMMITTEES AND ORGANISATIONS

154 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that -

1 Councillors nominating for those committees and organisations be declared elected where the nomination is uncontested.

2 Contested positions be chosen by open voting.

3 Councillors be invited to nominate for any remaining vacant positions.

In accordance with Part 1 of the resolution, the following Councillors were elected -

• Audit Committee: Councillors Blicavs and Petty; • Australia Day Committee: Councillors Bradbery and Kershaw; • Committee of Illawarra Sports Stadium: Councillor Curran; • Corporate Governance Committee: Councillors Connor and Dorahy; • Destination Wollongong: Councillor Colacino;


Minute No. • Floodplain Management Association: Councillors Dorahy and Merrin; • Healthy Cities Illawarra Board: Councillor Takacs; • Illawarra Bushfire Management Committee: Councillor Connor; • Illawarra District Noxious Weeds Authority: Councillor Merrin; • Illawarra ITeC Limited Board: Councillor Takacs; • Illawarra Regional Information Service: Councillors Brown and Martin; • Illawarra Zone Liaison Committee – Rural Fire Service: Delegate:

Councillor Connor; • Public Libraries NSW – Country: Councillor Connor; • Southern Councils Group: Councillor Bradbery (Delegate) and

Councillor Connor (Alternate Delegate); • Sports and Facilities Reference Group: Councillors Kershaw and

Curran.

Elections were undertaken for the following vacancies -

Aboriginal Reference Group (Councillor Merrin was previously elected as a Member until next Wollongong Local Government Election. Nominations were called for the remaining vacancy).

A nomination was received for Councillor Bradbery and there being no further nominations, Councillor Bradbery was duly elected.

Access Reference Group (two Councillor Delegates to be elected):

No nominations were received.

A PROCEDURAL MOTION was MOVED by Councillor Dorahy seconded Councillor Kershaw that those with the largest number of votes, by elimination, be elected.

Association of Mining Related Councils (two Councillor Delegates to be elected):

Nominations were received for Councillors Bradbery and Connor and Dorahy and following Councillor Dorahy withdrawing his nomination, Councillors Bradbery and Connor were duly elected.

Australia Day Committee: The Lord Mayor is the automatic Delegate and Councillor Kershaw was also previously elected (refer Part 1 of resolution). Nominations were called for the remaining vacancy.

No further nominations were received.


Minute No. Illawarra Regional Information Service (three Councillor Delegates to be elected): Councillors Brown and Martin were previously elected (refer to Part 1 of resolution). Nominations were called for the remaining vacancy.

No further nominations were received.

Illawarra Zone Liaison Committee – Rural Fire Service (one Delegate, and one Alternate Delegate): Councillor Connor was previously appointed as the Delegate (refer to Part 1 of resolution). Nominations were called for the Alternate Delegate.

A nomination was received for Councillor Blicavs and there being no further nominations, Councillor Blicavs was duly elected as the Alternate Delegate.

Joint Regional Planning Panel (one Councillor Delegate, and one Alternate Delegate):

Nominations to be elected as Delegate were received for Councillors Brown, Curran, Dorahy and Takacs. Councillor Takacs subsequently withdrew his nomination.

On a show of hands, the following votes were recorded –

• Councillor Brown: Councillors Kershaw, Connor, Brown, Martin and Bradbery

• Councillor Curran: Councillors Takacs, Merrin, Curran and Petty • Councillor Dorahy: Councillors Blicavs Dorahy, Colacino and

Crasnich

Votes for Councillors Curran and Dorahy were tied and following a draw by lot, Councillor Dorahy was excluded.

On a second show of hands, the following votes were recorded (Councillor Blicavs was not present for the following vote):

• Councillor Brown: Councillors Kershaw, Connor, Brown, Martin and Bradbery

• Councillor Curran: Councillors Takacs, Merrin, Dorahy, Colacino, Crasnich, Curran and Petty

Councillor Curran was subsequently elected as Delegate.

Nominations to be elected as Alternate Delegate were received for Councillors Merrin and Dorahy. On a show of hands, the following votes were recorded –


Minute No. • Councillor Merrin: Councillors Takacs, Merrin, Curran and Petty • Councillor Dorahy: Councillors Kershaw, Connor, Brown, Martin,

Dorahy, Colacino, Blicavs, Crasnich and Bradbery

Councillor Dorahy was subsequently elected as the Alternate Delegate.

Landcare Illawarra (one Councillor Delegate to be appointed):

No nominations were received.

Multicultural Reference Group (two Councillor Delegates to be elected for the term of this Council):

Nominations were received for Councillors Bradbery and Takacs there being no further nominations, Councillors Bradbery and Takacs were duly elected for the term of this Council.

South Coast Regional Advisory Committee – National Parks and Wildlife(one Councillor to be nominated for approval by the Minister for the Environment: Term - 1 January 2015 to 30 June 2016):

Nominations were received for Councillors Takacs and Merrin. Councillor Takacs subsequently withdrew his nomination and there being no further nominations, Councillor Merrin was nominated for referral to the Minister for appointment to the Committee for the term 1 January 2015 to 30 June 2016.

Sports and Facilities Reference Group (three Councillor Delegates, one to be elected as Chair): Councillors Kershaw and Curran previously appointed (refer to Part 1 of resolution).

Nominations were called for remaining vacancy. No further nominations were received.

Election of Chair: Councillor Kershaw supported Councillor Curran remaining as Chair of the Sports and Facilities Reference Group. Councillor Curran was therefore duly elected as Chair.

United Independent and Westpool Boards (Lord Mayor is the automatic Delegate. Alternate Delegate to be elected): Councillor Brown advised that he wished to withdraw his previous nomination for appointment as the Alternate Delegate.

A nomination was subsequently received for Councillor Blicavs to be elected as the Alternate Delegate and there being no further nominations, Councillor Blicavs was duly elected.


Minute No. Wollongong City Floodplain Management Committee (two Councillor Delegates from Ward 2).

Nominations were received for Councillors Brown, Dorahy and Takacs. Councillor Brown subsequently withdrew his nomination and there being no further nominations, Councillors Dorahy and Takacs were duly elected.

ITEM 3 - DELEGATION OF VOTING RIGHTS TO COUNCILLORS FOR THE 2014 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 19-21 OCTOBER 2014

155 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Brown that Council delegate voting rights for the 2014 Local Government NSW Annual Conference to the Lord Mayor and Deputy Lord Mayor, and Councillors Kershaw, Blicavs, Martin, Merrin and Crasnich.


During the debate on Item 4, Councillor Curran departed the meeting, the time being from 8.01. Councillor Curran was not present during the vote taken for Item 4.

ITEM 4 - 2015 COUNCIL MEETING STRUCTURE AND CYCLE

156 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that Council adopt Option 2 as its meeting cycle and structure for 2015.

Option 2 – a three weekly meeting cycle -

• Ordinary Council meetings held on a rolling three weekly cycle on a Monday commencing at 6.00 pm. First meeting held on Tuesday, 27 January 2015 due to Australia Day public holiday.

• Councillor Briefing Sessions be held on the second and third Monday of the cycle commencing at 5.00 pm.

• No Ordinary Council meetings or Councillor Briefing Sessions be held during a public school holiday period with the exception of December.

• Additional Councillor Briefing Sessions being scheduled for Thursdays when there is an urgent demand.


Minute No. ATTENDANCE AND DEPARTURE OF COUNCILLORS

During debate and prior to voting on Item 5, Councillor Curran returned to the meeting, the time being 8.02 pm.

Following an earlier Disclosure of Interest, Councillor Petty departed the Council Chambers and was not present during the debate and voting for Item 5.

ITEM 5 - SOUTHERN JOINT REGIONAL PLANNING PANEL - REVIEW OF FORMER 7(D) LANDS AT HELENSBURGH, OTFORD AND STANWELL TOPS

157 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Kershaw seconded Councillor Crasnich that -

1 The Southern Joint Regional Planning Panel report on land in the vicinity of Helensburgh and Otford (Attachment 1 of the report) be noted.

2 The General Manager be authorised to finalise a submission to the Department of Planning and Environment in response to the JRPP’s report advising:

a Council accepts the JRPP’s recommendation on the Central Otford precinct;

b Council objects to the JRPP’s recommendation on the North Otford precinct and affirming Council’s view that it is appropriate for the E2 Environmental Conservation zoning to be progressed;

c Council objects to the JRPP’s recommendation on the Lady Carrington Estate South precinct and emphasising Council’s desire to review any additional information that may lead to a Gateway determination and exhibition. If the Department is supportive of the proposal, the additional ecological and water quality investigations and concept subdivision plan recommended by the JRPP should occur prior to any Gateway determination, and Council be given the opportunity to review the documentation;

d The preparation of the additional studies for the Central Otford and North Otford precincts should be undertaken at no cost to Council and the Helensburgh Town Plan will be considered as part of Council’s future annual planning cycles; and

e That clarification is required in relation to:


Minute No.

i The Lloyd Place Land Acquisition Planning Proposal has been exhibited; and

ii Council did not rezone any land from E3 Environmental Management to E2 Environmental Conservation post exhibition. Proposals either proceeded as exhibited or the existing planning controls were retained.

ITEM 6 - DRAFT PLANNING PROPOSAL - LOT 5 DP 1132746 NORTH MARSHALL MOUNT ROAD, MARSHALL MOUNT

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 150).

COUNCIL’S RESOLUTION –

1 A draft Planning Proposal be prepared for Lot 5 DP 1132746 North Marshall Mount Road, Marshall Mount and submitted to NSW Planning and Environment for a Gateway determination, proposing to reduce the minimum lot size of Wollongong Local Environmental Plan 2009 to permit subdivision of the site to create two additional lots, with a dwelling house on each lot, and requesting authority for the General Manager to exercise plan making delegations in accordance with Council’s resolution of 26 November 2012.

2 Should the Gateway determination result in progression of the Planning Proposal, consultation be undertaken with NSW Rural Fire Service and NSW Environment and Heritage.

3 The draft Planning Agreement be exhibited with the draft Planning Proposal, with regard to the transfer of Lots 3 and 4 DP 216373 at Dombarton to public ownership.


Minute No.

ITEM 7 - WOLLONGONG DEVELOPMENT CONTROL PLAN 2009 - APPENDIX 1: PUBLIC NOTIFICATION AND ADVERTISING PROCEDURES - POST EXHIBITION REPORT


COUNCIL’S RESOLUTION -

1 Wollongong Development Control Plan 2009 Appendix 1: Public Notification and Advertising Procedures (Attachment 1 of the report) be adopted and a notice placed in the local newspaper advising of the adoption.

2 Letters be sent to persons who made a submission during the exhibition period thanking them for their input and advising of the adopted Appendix.

ITEM 8 - PROPOSED ACQUISITION OF LOT 2 DP 1153054 SHORT LANE, HELENSBURGH

158 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Curran seconded Councillor Connor that -

1 The matter lay on the table, pending a further report and Councillor Briefing.

2 A comprehensive report be prepared for Council that includes the full history of the site, site constraints and liabilities, valuations, financial implications and plans for acquiring or resuming remaining parcels that make up Short Lane.

ITEM 9 - TENDER T14/15 - PROVISION OF TRAFFIC LIGHTS, AUBURN AND BURELLI STREETS, WOLLONGONG

159 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that -

1 In accordance with the Local Government (General) Regulation 2005, Clause 178(1)(a), Council accept the tender of Roadworx Surfacing Pty Ltd (t/a Task Engineering) for Provision of Traffic Lights – Intersection of Auburn and Burelli Streets, in the sum of $131,664, excluding GST.


Minute No. 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 10 - TENDER T14/14 - PROVISION OF ERECRUITMENT SOFTWARE AS A SERVICE SOLUTION



1 a In accordance with the Local Government (General) Regulation 2005, Clause 178(1)(b), Council decline to accept any of the tenders which Council has received for eRecruitment software as a service solution and resolve to enter into negotiations with one or all of the tenderers or any other party with a view to entering into a contract in relation to the subject matter of the tender.

b In accordance with the Local Government (General) Regulation 2005, Clause 178(4), the reason for Council hereby resolving to enter into negotiations with one or all of the tenderers or any other party and not inviting fresh tenders is that it is anticipated that a satisfactory outcome can be achieved with one of those parties who demonstrate a capacity and ability to undertake the works.

2 Council delegate to the General Manager the authority to undertake and finalise the negotiations, firstly with the highest ranked tenderers, and, in the event of failure of negotiations with those tenderers, any other party, with a view to entering into a contract in relation to the subject matter of the tender.

ITEM 11 - KOONAWARRA COMMUNITY CENTRE - 2014/15 FEES AND CHARGES


COUNCIL’S RESOLUTION - Council adopt fees and charges for hire of spaces within the Koonawarra Community Centre, as outlined in the schedule attached to the report, for the 2014-2015 financial year.


Minute No.

ITEM 12 - DRAFT QUARTERLY REVIEW - JUNE 2014



1 The draft Quarterly Review June 2014 be adopted.

2 The Budget Review Statement as at 30 June 2014 be adopted and revised totals of income and expenditure be approved and voted.

ITEM 13 - JULY 2014 FINANCIALS



1 The report be received and noted.

2 Proposed changes in the Capital Works Program be approved.

ITEM 14 - STATEMENT OF INVESTMENTS - JULY 2014


COUNCIL’S RESOLUTION - Council receive the Statement of Investments for July 2014.

THE MEETING CONCLUDED AT 8.25 PM.

Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 8 September 2014.

Chairperson

009

Manager Community Planning, NSW Rural Fire Service Locked Bag 17 Granville NSW 2142

Your Ref: Our Ref: Z14/249393File: ESP-080.11.005Date: 21 July 2014

Dear Manager Community Planning,

DRAFT 10/50 VEGETATION CLEARING CODE OF PRACTICE

Thank you for the opportunity to provide comment on the Draft 10/50 Vegetation Clearing Code of Practice (Draft Code). Please find the following submission from Wollongong City Council regarding the Draft Code.

Council has had the opportunity to review submissions by other local councils and non-government organisations through local government sector information networks. In view of the very limited time frame to review the Draft Code and canvas comment from all relevant Council staff, Council endorses the following submissions as the issues raised in these are consistent with position of Council:

• 10/50 Vegetation Clearing Code of Practice by Ku-ring-gai Council (2014) including the discussion under the key theme headings and content of the ‘Summary’ section.

• Memorandum. Comments on the 10/50 Vegetation Clearing Code of Practice by Wollondilly Shire Council (2014).

In addition to the submissions cited above, Council provides the following analysis, comments and suggested improvements to the Draft Code.

1. Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32

Council has viewed the Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32. In summary, Schedule 2 Amendment of National Parks and Wildlife Act 1974 No 80 clearly aims to further circumvent the Threatened Species Conservation Act 1995 (TSC Act) through rewording of ‘Section 118A Harming or picking threatened species, endangered populations or endangered ecological communities’, specifically 118A (3B) and ‘Section 118D Damage to habitat of threatened species, endangered populations or endangered ecological communities’, specifically 118D (2B).

It is noted that Section 118D (2B) of the National Parks and Wildlife Act 1974 No 80 states ‘This section does not apply to anything done in the course of carrying out bush fire hazard reduction work to which section 100C (4) of the Rural Fires Act 1997 applies’. Section 100C (4) provides for bush fire hazard reduction work to be carried out on land despite any requirement for an approval, consent or other authorisation for the work made by several Acts including the Threatened Species Conservation Act 1995 and the National Parks and Wildlife Act 1974 on the basis of meeting three criteria including Section 100C (4) (c) which states ‘the work is carried out in accordance with the provisions of any bush fire code applying to the land specified in the certificate.’ Further to this, the Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32 seeks to amend Section 100G Bush fire hazard reduction certificates of certifying authorities of the Rural Fires Act 1997 No 65, only to specify the period for which the bush fire hazard reduction certificate operates. In this instance, it is assumed that the issuing of fire hazard reduction certificates will continue to apply, including within the proposed vegetation clearing entitlement area. Accordingly, application of Section 100C (4) (c) requires application of the Bush Fire Environmental Assessment Code for New South Wales (RFS, 2006), including the provisions, assessments and protections for threatened biodiversity and matters of heritage.

Recommendations

Part 4, Division 9 of the Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32 needs to be amended before it comes into enforcement, so that further development and revision of the Draft Code adopts the provisions of Subdivision 4 Bush fire environmental assessment codes of the Rural Fires Act 1997, including Sections 100J, 100K, 100L and 100M. This is reasonable and feasible as the Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32 is ‘not in force’. In particular, Section 100J (3) should be replicated having regard to:

• The principles of ecologically sustainable development (as described by section 6 (2) of the Protection of the Environment Administration Act 1991) including:

o Applying the precautionary principle where public and private decisions should be guided by careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment with and additional assessment of the risk-weighted consequences of various options.

o Inter-generational equity where the diversity and productivity of the environment are maintained or enhanced for the benefit of future generations.

o Conservation of biological diversity and ecological integrity where conservation of biological diversity and ecological integrity should be a fundamental consideration.

The Draft Code needs to either reference, or be amended to be entirely consistent with the Bush Fire Environmental Assessment Code for New South Wales (RFS, 2006). In this instance, the Bush Fire Environmental Assessment Code for New South Wales (RFS, 2006) also needs to be reviewed and updated to make these relevant to the current regulatory environment.

Despite any amendment to the yet to be enforced Part 4, Division 9 of the Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32, the Commissioner should take into consideration the provisions of Subdivision 4 of the Rural Fires Act 1997 to prepare further revisions for the Draft Code.

2. Draft 10/50 Vegetation Clearing Code of Practice

The following brief comments are made in reference to each section of the Draft Code.

Section 3 Links

It is noted that there is a list of Acts, Instruments or other documents that are referred to in the Draft Code.

Recommendation

It would be useful for the intended audience to have one or two summary sentences regarding how each Act is relevant.

Section 5 The 10/50 Code of Practice

The Draft Code is designed for use by the general public and therefore is open to a very broad scope of interpretation, including accidental or intentional misinterpretation. Members of the public are likely to have a range of understanding of the additional State and Commonwealth legislation and planning policies that will need to be considered. This range will span no understanding, to basic, or well informed. The processes outlined in Section 5 provide very little guidance and are not sufficiently detailed to provide clear explanations of each consideration. RFS have an obligation to make it clear to the community, landowners and managers, measures to avoid engaging in unauthorised or illegal clearing potentially resulting in orders or prosecution.

Recommendation

In view of the audience for the Draft Code a flow chart/diagrammatic decision pathway would improve communication of the key decisions and elements of Section 5. The flow chart/diagram would be something similar to ‘EPBC Act environment assessment process—referral’ included in Matters of National Environmental Significance Significant Impact Guidelines 1.1 Environment Protection and Biodiversity Conservation Act 1999 (Department of the Environment, 2013) flow chart available on the Department of Environment website.

At a minimum and in addition to the above, it is recommended that the following sections be reworded to the following (amendments in Bold Italics):

• Section 5.1 Compliance and enforcement

‘If an owner of land in a 10/50 vegetation clearing entitlement area carries out vegetation clearing work for which an approval, consent or other authorisation is required, and the work is carried out without that approval, consent or authorisation and other than in accordance with the 10/50 Code, then offence provisions and any available remedies will apply, under relevant State and Commonwealth legislation. Vegetation clearing that is carried out in compliance with all relevant State and Commonwealth legislation and accordance with this 10/50 Code is considered to be authorised clearing under NSW legislation.’

• Section 5.3 Determining if your land is mapped as 10/50

‘An online assessment tool is available on the NSW RFS website at www.rfs.nsw.gov.au and allows a landowner to conduct a self-assessment as to whether their land falls within the 10/50 Vegetation Clearing Entitlement Area and complies with the requirements of this 10/50 Code. This map does not however provide any information that vegetation clearing in a 10/50 Vegetation Clearing Entitlement Area is being carried out in compliance with all relevant State and Commonwealth legislation Note: this map will be available once the 10/50 Code is finalised.’

• Section 5.4 Landowners consent

‘The clearing of vegetation under this 10/50 Code can only be conducted with the consent of the landowner and any other consent required to comply with all relevant State and Commonwealth legislation. It is not permissible to clear any land without the owner’s consent:

Tenants must obtain approval from the landowner prior to commencing any clearing works with the landowner responsible for any other approvals from State and Commonwealth regulators.

Landowners may not clear adjoining land without the approval of the landowner with the second party landowner responsible for any other approvals from State and Commonwealth regulators.’

Section 7 Vegetation clearing provisions

As noted above, the Draft Code is designed for use by the general public and therefore is open to a very broad scope of interpretation, including accidental or intentional misinterpretation. Members of the public are likely to have a range of understanding of the additional State and Commonwealth legislation and planning policies that will need to be considered. This includes their ability and resources to review and make detailed technical assessment of databases, mapping and apply assessment guidelines. This range will span from no understanding or ability to basic to well informed and resourced. The provisions outlined in Section 7 give very little guidance and are not sufficiently detailed to provide an adequate explanation of each provision. RFS have an obligation to make it clear to the community, landowners and managers, measures to avoid engaging in unauthorised or illegal clearing potentially resulting in orders or prosecution.

Recommendation

In summary, the Draft Code vegetation clearing provisions need to be accompanied by threatened biodiversity and heritage assessment guidelines that are linked to the key elements of the flow chart/diagram recommended above. At a most basic level, the guideline should be the Bush Fire Environmental Assessment Code for New South Wales (RFS, 2006) or updated revision. Members of the public should be encouraged to engage suitability qualified and experienced ecological and heritage consultants (as relevant) to carry out a threatened biodiversity and heritage assessment before clearing any vegetation. This is feasible and reasonable as the Draft Code recommends expert opinion and advice is required from a Geotechnical Engineer Assessment Report in certain circumstances.

3. Other

It is reasonable to expect that for a code of practice with such far reaching effects and implications for the management of bushfire hazard and vegetation in NSW, that similar codes of practice and guidelines from other States and countries will have been reviewed. Similarly, it is reasonable to expect that there will have been extensive consultation with relevant industries, regulatory stakeholders and partner agencies that is not

just limited to relying on responses following the brief exhibition phase. RFS need to document and provide information on both these important processes. If neither of these has occurred, then provision should be made for these.

Council considers that a 21 day period for review and response to the Draft Code is inadequate. This limited timespan has prevented Council from being able to report the Draft Code, and the attached submission to its elected Councillors, prior to making this submission. Council therefore considers that an additional minimum two month consultation period should be provided so that the draft changes can be properly and adequately considered by Local Government. The RFS should also consider consulting with other Community groups and organisations during this extended consultation period, including with local Aboriginal Communities.

Despite brief reference to Environment Protection and Biodiversity Conservation Act 1999 and advice to contact the Commonwealth Department of Environment for further advice on the RFS website, it is not reasonable that the Draft Code entirely ignores the Environment Protection and Biodiversity Conservation Act 1999.

It is foreseeable that the current proposal for unregulated clearing of vegetation will be the subject of court action to test the applicability of the Draft Code and to established precedence in favour or not of the Draft Code. Lengthy and costly court cases such as may occur are not to the benefit of the community. The Draft Code needs to be sufficiently detailed to prevent this scenario, and this will require an appropriate level of consultation.

The Draft Code forbids the use of fire for the purposes of clearing in the entitlement area and presumably maintenance of the clearing. This suggests that hazard reduction burning of an adjoining and larger area encroaching into the 50m zone of the 10/50 entitlement area is in breach of the Draft Code. It needs to be made clear in the Draft Code that this would be a breach with a resulting penalty.

It is not reasonable that the Vegetation Clearing Entitlement Area mapping will only be available once the 10/50 Code is finalised. Further to the mapping there is:

• No detail on what this will be based on (presumably Bushfire Prone Land mapping).

• If there will be opportunity for review by stakeholder agencies to quality assure it in a local context.

• No mention of how often it would be updated to reflect on-ground environmental conditions such as where large areas of vegetation are removed for development or large areas of native vegetation re-establish naturally through alternate land use.

There are a multitude of other negative scenarios that could occur as a result of Draft Code in its current form including issues of liability, loss of income, unacceptable loss of natural and cultural heritage values and exponential increase in demand of public resources. The demand on resources of local, state and federal government agencies and other community stakeholders is likely to be substantial. The implications for Wollongong City Council will be far reaching and would include for example:

• Council assess approximately 3,000 applications per year for tree removals which are assessed and managed by a small number of staff. In addition to the core role of Councils Tree Management Coordinator and support staff, additional responsibilities include responding to and investigating unauthorised tree removals. It’s likely that introduction of the Draft Code in its current or amended form will result in an exponential increase in complaints by residents to perceived unauthorised clearing. This will require at least administrative and desktop checks to determine if the subject site is within an area of 10/50 clearing entitlement and response to the complaint or potentially a site inspection followed by investigation.

• Council is likely to be subject to a flood of requests for clearing of trees and pruning of vegetation from residents and land owners within and outside the 10/50 clearing entitlement areas. This will result in a burden on existing administration resources as a result of both the request and complaints if the request is denied.

• The Wollongong LGA has a large area of common boundary with OEH estate. It is likely OEH will receive complains of illegal clearing and requests for clearing and pruning on lands complainants mistake for OEH estate. These would be referred to Council where the subject site is within Councils jurisdiction.

• It is noted that Section 7.5 of the Draft Code deals with the management of soil erosion and landslip risks with landslip risk focusing entirely on State Protected Lands with slopes greater than 18 degrees. In view of the soils, geology and topography of the Illawarra region large areas of Wollongong LGA are subject to either known or potential areas of landslip. This includes residential areas that would likely fall into the yet to be determined 10/50 vegetation clearing entitlement area and covering lands with a slope of less than 18 degrees and excluded from State Vulnerable Land mapping. Whilst it’s clear that the main intent of the Draft Code is for the protection of life and property against bushfire risk, in its current form the Draft Code could operate to promote other environmental risks that Council is managing through regulation at a local scale.

In summary, there are many uncertainties that need to be addressed in the definitions, intent and management of the Draft Coded. These need to be addressed for the community and the stakeholder regulatory authorities to be confident the Draft Code is workable and manageable in the context of ecologically sustainable development.

Please contact me should you require further information please contact Renee Campbell, Manager Environmental Strategic and Planning on 4227 7111.

Yours faithfully

Andrew Carfield General Manager (Acting) Wollongong City Council Direct Line (02) 4227 7111

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Gleniffer Brae Workshop Outcomes Report May 2014 UPDATED 21 AUGUST 2014 – SUMMARY OF VALUES RANKING INCLUDED

Prepared by the Community Engagement Team

Key Stakeholders May 2014

(UPDATED 21/8/14 – SUMMARY OF VALUESRANKING INCLUDED)

GLENIFFER BRAE FUTURE USES

WORKSHOPOUTCOMES REPORT



BACKGROUND

Following a resolution of Council in January 2013, Council staff held separate meetings with representativesfrom key stakeholders groups to discuss the future use of Gleniffer Brae. These stakeholders included:

NF5Friends of Botanic GardenWollongong Heritage Advisory CommitteeNational TrustProperty CouncilConservatorium of Music.

Following on from the individual meetings, a combined key stakeholder Workshop was help on Wednesday28 May in the Level 9 Function Room at Council. A total of 11 stakeholders, 3 Councillors and 6 Councilstaff met to discuss the future uses of Gleniffer Brae. Raw data from the workshop is included in the nextsection.

RAW DATA FROM WORKSHOP

The following information regarding values and uses is what we heard and recorded at the workshop.

Values

Link to the Botanic GardenCoherence – aligns with the propertyCompatibility /soft impactDisplay history of the Hoskins Family – interpretationCommunity accessViability/sustainabilityConservation of building and groundsSecurity of the Botanic GardensAesthetics maintained/enhancedCity Pride – Gleniffer Brae is the ‘jewel in the crown’Education partnershipsBalance and degreeMaintenance resp’s for leased areas?Adaptive management – partnership/flexibility.

Uses

Compatible commercialityWriters events/camps – overnight staysHigh end dining eg limit 50 maxFestivals – link to other regionsExample of Old Government House, Parramatta – marquee and open spaces.



RAW DATA FROM WORKSHOP (continued)

Robson Road Cottage – industrial kitchen )Marquee on northern lawn for events /functions )TourismEducationFriends merchandising – shops/books etcOffice space for the FriendsPhysical links to the Botanic Garden n- pathsAllowance for coach parkingImproved promotionA reason to go up there!Concerts

The workshop then discussed two ways in which the future use of Gleniffer Brae could be determinedand/or managed:

an Expressions of Interest process; anda Management Committee.

The following data was recorded:

Expressions of Interest – Analysis of Pros/Cons and Risks associated with this process

Ideas expressed in the workshop included:

General comments:

Unintended impacts beyond EOI areaSpecifications need to be clearMay not preclude a Management CommitteeCouncil could target community groupsCouncil could call for partnerships commerce and communityCan address commercial viabilityMix of commercial and community useClear criteria to be linked to values

Risks

Capacity of groups to manage requirementsWeightings don’t reflect valuesShort, medium and long term.



RAW DATA FROM WORKSHOP (continued)

Management Committee – Analysis of Pros/Cons and Risks associated with this process

Pros

Not discussed

Cons

Legal complexity?Burn-outOnly for up to five years – limitingComplex process scares off potential groupsConcerned about the structure of the Management Committee – who would be includedAdministration resource implications

Risks

Clarity required around Management Committee and the Conservatorium of Music lease.

REQUESTS from Key Stakeholders

Key stakeholders at the workshop requested the following:

Council staff to send key stakeholders a list of the values discussed at the workshop. Stakeholdersto then rate each value.If an Expressions of Interest for Gleniffer Brae is called, Council could run an EOI process workshopto assist possible applicants who might not be aware of the process.Fairness and equity in the processCouncil should install short term interpretative signs at Gleniffer Brae asap.Stakeholders to act as observers of the processCouncillors to say if Gleniffer Brae needs to generate income or not.

VALUES ANALYSIS AND RATING

Council staff reviewed the values listed in the Raw Data section of this report and have grouped them toreflect 6 key values. Key stakeholders are asked to confirm that we have grouped these correctly. We willthen ask you to:

rank them by level of importance from 1 – 6, with 1 being most important and 6 least important;and

Please see the sample ranking below. We ask that you complete the Values Analysis and Rating feedbackform that appears as an appendix to this report.



Sample ranking of values below:

RANKING (1-6) VALUE

1Heritage:Display history of Hoskins family interpretationConservation of building and groundsEducation partnershipsAesthetics maintained/enhanced.

5 Financial:Viability/sustainability

2 Community Access:6 Tourism:

City Pride – Gleniffer Brae ‘jewel in crown’3 Compatibility/Soft impact

Balance and degreeAdaptive management – partnershipCoherence – aligns with the property

4 Security of and Links to Botanic Gardens

See the attached feedback form listed as appendix 1 – use this to provide Council with your ranking forthe values. Space is provided on the feedback form to allow you to include, if you wish, yourrationale/justification for your ranking and weighting.

FEEDBACK FROM WORKSHOP

Council staff will take all feedback from the Key Stakeholder Workshop held on 28 May on board andinclude it in their report to Council.

All key stakeholder groups will be advised when the Council report goes live on the Wollongong City Councilwebsite, generally 10 days prior to the date of the relevant Council meeting.

DECISION MAKING

As indicated in the Key Stakeholder Workshop on 28 May, the Councillors at a future Council meeting willbe the decision makers in this process regarding the Future Uses for Gleniffer Brae.

When Councillors make a decision regarding the Future Use of Gleniffer Brae, Council staff will be able toadvise what the next steps are in the process.



SUMMARY - RANKING OF VALUES FEEDBACK

This section of the report was updated on 21 August 2014 to show how the key stakeholders ranked thevalues.

Eight submissions were received from key stakeholders. One submission was a letter and the remaining 7completed the Ranking of Values Feedback Form (copy of the form is shown in Appendix 1). The results ofthe feedback are below:

VALUE FEEDBACKHeritage 3 of the 8 submission ranked this as the most important value

2 of the submission ranked it as a 21 submission ranked it as a 3 1 submission ranked it as a 4

Financial Received a mixed response.2 submissions say it was the most important value (ie a 1)2 saying it was not very important (ie a 5 ranking)

CommunityAccess

3 submission say this was the second most important value2 submissions said it was the third most important value

Tourism Submissions were mixed1 submission saying it was the most important value2 submissions saying it was the least important valueThe remaining submissions ranked it 2, 4 and 5.

Compatibility/Softimpact

2 submissions ranked this as a 22 submissions ranked this as a 3.No submitters ranked this as the most important value.

Security of andLinks to BotanicGardens

3 submissions ranked this value as most important2 submissions ranking this value as a 4 2 submissions ranked this value as a 3.None of the submissions ranked this as least important.



APPENDIX 1:

GLENIFFER BRAE FUTURE USES – RANKING THE VALUES

ALL FEEDBACK DUE TO COUNCIL BY MONDAY 7 JULY 2014

Stakeholders who attended the Gleniffer Brae Future Uses Workshop on 28 May, 2014 asked Council to providehem with an opportunity to rank the values discussed. Please rank the values from 1-6, with 1 being the mostmportant value to you and 6 being the least important.

Your name: Your stakeholder group:

Please return this sheet by 7 July 2014 to Councilvia email: [email protected] orAttention: Community EngagementWollongong City CouncilLocked Bag 8821Wollongong DC NSW 2500

RANKING (1-6)VALUE RATIONALE FOR YOUR RANKING

Heritage:Display history of Hoskins familyinterpretationConservation of building and groundsEducation partnershipsAesthetics maintained/enhanced.Financial:Viability/sustainabilityCommunity Access:Tourism:City Pride – Gleniffer Brae ‘jewel incrown’Compatibility/Soft impactBalance and degreeAdaptive management – partnershipCoherence – aligns with the propertySecurity of and Links to BotanicGardens

ESTABLISHMENT AND MAINTENANCE OF ALCOHOL-FREE ZONES ON PUBLIC ROADS AND FOOTPATHS

COUNCIL POLICY

Adopted by Council: [Date] P a g e | 1 Trim No: Z14/251324

ADOPTED BY COUNCIL: [TO BE COMPLETED BY CORP SUPPORT]

BACKGROUND The NSW Local Government Act 1993 (“the Act”) provides for the establishment of Alcohol-Free Zones (“AFZ”) on roads and footpaths within Local Government Aareas as part of a strategy to improve public safety and prevent disorderly behaviour caused by the irresponsible consumption of alcohol in public places. The Wollongong Community Safety Plan 2012-2016 identifies the review and establishment of AFZs as one method among many to help reduce alcohol related crime.

AFZs are established and maintained by Councils while their enforcement is undertaken by NSW Police. The consumption of alcohol in an AFZ is prohibited and Police are empowered by the Act to seize and dispose of alcohol being consumed in a declared AFZ.

OBJECTIVE The main objective of this policy is to act as an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime. It provides a means for assisting NSW Police to regulate the public consumption of alcohol within the City of Wollongong.

POLICY STATEMENT The establishment of AFZs on public roads and footpaths at particular locations within the City of Wollongong is undertaken as an early intervention measure to prevent the escalation of irresponsible drinking to incidents involving serious crime.

ESTABLISHMENT AND MAINTENANCE OF ALCOHOL-FREE ZONES ON PUBLIC ROADS AND FOOTPATHS COUNCIL POLICY

Adopted by Council: [Date] P a g e | 2Trim No: Error! Unknown document property name.Error! Unknown document property name.Record Number

STATEMENT OF PROCEDURES 1. Upon receipt of an application for an AFZ check that the application is valid in accordance with section 644 of

the Act.

2. Acknowledge receipt of the application together with advice summarising the process to be followed and the anticipated time frame.

3. Refer the application to the New South Wales Police and Council’s Community Safety Reference Group for consideration and comment.

4. If the establishment of the Zone is supported by NSW Police prepare a report to Council, including the recommendations of the Police and Council’s Community Safety Reference Group, for consideration and approval of the public exhibition of the proposed Zone.

5. Advertise the proposal to establish the Alcohol Free Zone and invite written comments from the community, the Officer in Charge of the Police Station within or nearest to the zone concerned, each holder of a licence in force under the Liquor Act 2007 for premises that border on, adjoin or are adjacent to, the proposed Zone and the Anti-Discrimination Board within 30 days.

6. Prepare a report including the recommendations of the parties consulted in paragraph 5 and submit to Council for final approval of the establishment of the Zone

7. If Council resolves to establish an AFZ, the following notification is required to be given:

• Nnotify the applicant, local police and all persons who have made submissions in respect of the proposal.

• Ppublish an advertisement in the newspaper advising of the establishment of the Alcohol-Free Zone.

8. Install appropriate signposting at the boundaries of, and at regular intervals within, the Zone.

9. Review the Alcohol-Free Zone within 10 months of the expiration with a view to its re-establishment for a further term.

10. Alcohol Prohibited Areas – Section 632A(4) of the Act enables Councils to declare any public place or part of a place (such as a park or beach), to be an Alcohol Prohibited Area, except those places (public roads, footpaths and car parks) which are to be dealt with under the Alcohol-Free Zone provisions of the Act. The Local Government Amendment (Confiscation of Alcohol) Act 2010 passed on 7 December 2010 authorises NSW Police to confiscate and tip out alcohol in the possession of a person who is in an area where alcohol consumption is prohibited by a notice under section 632 (for existing Alcohol Prohibited Areas) and section 632A (for newly established Alcohol Prohibited Areas) of the Local Government Act 1993..



SUMMARY SHEET

Responsible Division Community Cultural and Economic Development

Date adopted by Council [To be inserted by Corporate Governance]

Date of previous adoptions 13 December 1993

Date of next review [List date - Not more than 3 years from adoption]

Prepared by Manager Community Cultural and Economic Development

Authorised by Director Corporate and Community Creative, Engaged and Innovative CityServices

MinisterialGuidelines

onAlcohol - Free

Zones

February 2009

ACCESS TO SERVICES The Department of Local Government is located at:

Levels 1 & 2 5 O’Keefe Avenue Locked Bag 3015 NOWRA NSW 2541 NOWRA NSW 2541

Phone 02 4428 4100 Fax 02 4428 4199 TTY 02 4428 4209

Level 9, 323 Castlereagh Street Locked Bag A5045 SYDNEY NSW 2000 SYDNEY SOUTH NSW 1235

Phone 02 9289 4000 Fax 02 9289 4099

Email [email protected] Website www.dlg.nsw.gov.au

OFFICE HOURS Monday to Friday 8.30am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact our Executive Branch on 02 9289 4000.

© NSW Department of Local Government 2009 ISBN 1 920766 80 4

Produced by the Department of Local Government

www.dlg.nsw.gov.au

FOREWORD

The NSW Government has made clear its determination to tackle the growing problem of anti-social behaviour and alcohol-related violence in our community. The Government has introduced a comprehensive package of initiatives to help address this issue, including amendments to the alcohol-free zone provisions in the Local Government Act 1993 to give Police and local council enforcement officers more power to enforce alcohol-free zones.

These Ministerial Guidelines have been prepared under section 646(1) of the Local Government Act. The Guidelines take effect on 5 February 2009 replacing the previous Guidelines issued in 1995.

The principal object of an alcohol-free zone is to prevent disorderly behaviour caused by the consumption of alcohol in public areas in order to improve public safety.

Alcohol-free zones are most effective if they form part of a larger program in which the local community is actively involved directed at irresponsible alcohol consumption. Used in isolation they may only move the problem from one place to another.

The Guidelines provide councils with detailed procedures to be followed when considering the establishment of alcohol-free zones. The guidelines include details on the application process, consultation and operational requirements, as well as guidance on enforcing alcohol-free zones. Councils are encouraged to establish a good working relationship with their Police local area command to enhance the effectiveness of alcohol-free zones.

There is evidence that when alcohol-free zones are established in appropriate areas and operated with the required level of resources to promote and enforce the zones, they are an effective tool in assisting Police and councils manage public safety.

I encourage all councils to consider the appropriate use of alcohol-free zones to manage alcohol related anti-social behaviour in their community.

The Hon. Barbara Perry, MP Minister for Local Government 5 February 2009

Ministerial Guidelines on Alcohol-Free Zones

Contents

Foreword

Introduction

Guidelines for Councils

Valid Establishment of an Alcohol-Free Zone

Application for an Alcohol-Free Zone

Proposal for the establishment of an Alcohol-Free Zone

Reasons to support an Alcohol-Free Zone

Location of an Alcohol-Free Zone

Alcohol-Free Zones and Alfresco Dining

Duration of an Alcohol-Free Zone

Consultation with the Police

Council consultation with interested parties

Council resolution to establish an Alcohol-Free Zone

Operation of an Alcohol-Free Zone

Signage of the Alcohol-Free Zone

Suspension or cancellation of an Alcohol-Free Zone

Re-establishment of an Alcohol-Free Zone

Recording of Alcohol-Free Zones

Enforcement of Alcohol-Free Zones

Alcohol-Free Zones and Community Education

Contacts

Appendix 1 Application for Alcohol-Free Zone

Appendix 2 Councils which must consult with Anti-Discrimination Board

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INTRODUCTION

The object of alcohol-free zones is an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime.

The drinking of alcohol is prohibited in an alcohol-free zone that has been established by a council. Public places that are public roads, footpaths or public carparks may be included in a zone. Alcohol-free zones promote the use of these roads, footpaths and carparks in safety and without interference from irresponsible street drinkers.

Any person living or working within an area, the local police or a local community group may ask a council to establish an alcohol-free zone or a council itself may decide to do so. A proposal to establish an alcohol-free zone must in all cases be supported by evidence that the public’s use of those roads, footpaths or public carparks has been compromised by street drinkers. For example, there could be instances of malicious damage to property, littering, offensive behaviour or other crimes.

The council must undertake a consultation process to decide if an alcohol-free zone is appropriate. Once established by council resolution, the roads, footpaths and public carparks within the zone must be signposted and notice of the zone must appear in the local press. The maximum duration of an alcohol-free zone is four years, although it may be re-established at the conclusion of the original period, following a review by council of its continuing applicability. Alcohol-free zones may also be established for special events only.

Alcohol-free zones are enforced by the police or by council enforcement officers where the Commissioner of Police gives written authorisation. Any person observed to be drinking in an alcohol-free zone may have the alcohol in their possession immediately seized and tipped out or otherwise disposed of.

Alcohol-free zones are most effective if they are part of a larger program directed at irresponsible alcohol consumption in which the local community is actively involved. Used in isolation they may only move the problem from one place to another.

These Ministerial Guidelines provide local councils with detailed procedures which must be followed in the establishment of an alcohol-free zone. They supplement the relevant provisions of the Local Government Act 1993.

Each of the paragraphs of these Guidelines are accompanied by the relevant section reference in the Act. As set out in section 646 of the Local Government Act, the Ministerial Guidelines must be used by councils when establishing an alcohol-free zone.

The Commissioner of Police may separately issue directions relating to the enforcement of alcohol-free zones.

Page 5 of 17


GUIDELINES FOR COUNCILS

VALID ESTABLISHMENT OF AN ALCOHOL-FREE ZONE

sections 644, 644A, 644B, 644C and 646

To validly establish an alcohol-free zone a council must comply with the procedures in sections 644 to 644C of the Local Government Act as well as those set out in these Guidelines.

The Act identifies that alcohol-free zones can be established in those areas which have identified problems with regard to street drinking.

APPLICATION FOR AN ALCOHOL-FREE ZONE

section 644 (1) and (2)

One or more of the following people may make application to a local council to establish an alcohol-free zone:

a person who is a representative of a community group active in the area, a police officer, or a person who lives or works in the area.

An application to the relevant council is to be made in the form set out at Appendix 1 to these Guidelines. A council may adapt the form, provided the same information is required as a minimum. Councils may consider making the application form available on their website.

An application fee is not appropriate.

If council receives more than one application referring to the same roads, footpaths or public carparks, they may be joined in a single alcohol-free zone proposal.

PROPOSAL FOR THE ESTABLISHMENT OF AN ALCOHOL-FREE ZONE

section 644

A council may prepare a proposal for the establishment of an alcohol-free zone. In this case, receipt of an application is not necessary as the council itself is initiating action for a zone.

A proposal must be prepared in respect of every proposed alcohol-free zone.

An alcohol-free zone is a means by which a council may limit the locations within its area where the consumption of alcohol is permitted. Because it will impose restrictions on the personal freedom of citizens, a proposal to establish a zone must adequately address the following matters:

Page 6 of 17


1 Reasons to Support an Alcohol-Free Zone

The irresponsible consumption of alcohol on roads and footpaths and in public carparks can compromise their safe use by members of the public without interference. Each individual zoning is to be considered according to its particular circumstances.

Reasons for supporting alcohol-free zones must be included and must reflect the fact that irresponsible behaviour arising from the consumption of alcohol is occurring on those roads and footpaths and in those public carparks included in the proposal. This could involve instances of obstruction, littering, the actual commission of, or police intervention to avoid the commission of, more serious offences under the Law Enforcement (Powers and Responsibilities) Act 2002,Summary Offences Act 1988 or the Crimes Act 1900, such as malicious damage, etc.

It is not appropriate to consider an alcohol-free zone for reasons that are unrelated to the irresponsible behaviour of drinkers, for example, the congregation of drinkers where irresponsible behaviour does not occur, general conduciveness to business or tourist activities or the personal beliefs of particular citizens.

2 Location of an Alcohol-Free Zone

An alcohol-free zone may only be established to include a public road, footpath or a public place that is a carpark (ie carparks on public land or Crown land). Private carparks (being on private land and not under the control of the council) may not be included.

Generally, an alcohol-free zone should be as small as is possible and must only extend to areas which can be supported by reasons as set out in point 1 above. However, larger alcohol-free zones, sometimes known as ‘whole-town’ alcohol-free zones may be effective in some rural and remote towns where they are supported generally by all stakeholder groups in that community. There are legal issues that need to be considered by councils when such ‘whole-town’ zones are proposed, as some relevant areas of a town will not be public roads, footpaths or public carparks.

Large alcohol-free zones need to be established in a way which is complementary with public places signposted under section 632 of the Local Government Act 1993. It is not usually appropriate to establish an entire local government area, or a substantial part of that area, as an alcohol-free zone. Similarly, it would usually be inappropriate to zone the greater part of a town, suburb or urban area as alcohol-free.

Alcohol-free zones should primarily be located adjacent to outlets supplying alcohol where drinkers congregate. In the absence of such an outlet a zoning should be considered only in exceptional circumstances. For example, a known hot spot for inappropriate street drinking may be in a public carpark adjacent to a beach or public reserve, but which is many kilometres from an outlet supplying alcohol.

Page 7 of 17


Alcohol-free zones and alfresco dining In some circumstances an alcohol-free zone may be proposed for an area that includes footpath alfresco dining areas for cafés and restaurants which fall within the zone. When a council issues a licence for the use of public footpaths for such dining use in an alcohol-free zone, it must impose conditions on the licensee (eg restaurant operator) about the requirements of the zone, including clear delineation and control of the licensed area from the alcohol-free zone.

3 Duration of an Alcohol-Free Zone

An alcohol-free zone may be established for a maximum period of four years. Once established, it applies twenty-four hours per day.

Where a problem with irresponsible street drinking exists only in relation to a special event within the local area, an alcohol-free zone may be established only for that special event. A “special event” is not defined in the Local Government Act. It could be applied to any event that is of significance to the local area, for example, a local show day, a cultural event such as Tamworth’s Country Music Festival, or a particular time of year such as New Year’s Eve celebrations. It is for the relevant council to decide what is a “special event” for the purposes of establishing an alcohol-free zone.

An alcohol-free zone declared for a special event also has a maximum duration of four consecutive years. The proposal and related signage needs to define the special event that the alcohol-free zone relates to.

The duration of an alcohol-free zone established prior to 3 December 2008 is not extended.

4 Consultation with the Police

In preparing a proposal to establish an alcohol-free zone a council must consult with the relevant Police Local Area Commander about the appropriate number and location of alcohol-free zones.

COUNCIL CONSULTATION WITH INTERESTED PARTIES

section 644A

After preparing a proposal to establish an alcohol-free zone a council is required to undertake a public consultation process. The process under the Act involves all of the following:

1. Publish a notice of the proposal in a newspaper circulating in the area of the proposed alcohol-free zone, allow inspection of the proposal and invite representations or objections within 30 days from the date of publication. The notice should state the exact location of the proposed alcohol-free zone, and the place and time at which the proposal may be inspected.

Page 8 of 17


2. Send a copy of the proposal to:

a) the Police Local Area Commander and the officer in charge of the police station within or nearest to the proposed zone,

b) liquor licensees and secretaries of registered clubs whose premises border on, or adjoin or are adjacent to, the proposed zone,

and invite representations or objections within 30 days from the date of sending the copy of the proposal, AND

3. Send a copy of the proposal to the NSW Anti-Discrimination Board, if the local area is listed in Appendix 2 to these Guidelines, and invite representations or objections within 30 days from the date of sending the copy of the proposal. Other councils have the option of advising the Board if they wish to seek the Board’s views on the proposed alcohol-free zone.

In addition to these statutory requirements there are other consultative avenues that may enhance the effectiveness of any alcohol-free zone that is subsequently established. Accordingly, a council is also required to:

4. Send a copy of the proposal to any known organisation representing or able to speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse group within the local area and invite representations or objections within 30 days from the date of sending the copy of the proposal.

A council is to give proper consideration to any representations, submissions or objections received and as a result may amend or withdraw a proposal to establish an alcohol-free zone. However, any amendment that extends the location of the proposed alcohol-free zone must be supported by reasons (as outlined above).

COUNCIL RESOLUTION TO ESTABLISH AN ALCOHOL-FREE ZONE

section 644B (1) and (2)

After complying with the procedures a council may, by resolution, adopt a proposal to establish an alcohol-free zone. The resolution itself will establish the zone.

After resolution, a council’s usual administrative processes would apply in informing interested parties including any applicant, the Anti-Discrimination Board (if applicable), the relevant police Local Area Commander and officer in charge of the local police station (if different), affected liquor licensees and club secretaries and other organisations advised of the original proposal.

OPERATION OF AN ALCOHOL-FREE ZONE


A council must publicly advise the establishment of an alcohol-free zone by notice published in a newspaper circulating in the area that includes the zone.

An alcohol-free zone will not operate until 7 days after publication of the notice AND until the roads, footpaths and public carparks affected are adequately signposted.

Page 9 of 17


Signage for Alcohol-Free Zones

A council is required to consult with the police regarding the placement of signs.

As a minimum, signs are to be placed at the outer limits of the zone, at the site of specific trouble spots (as indicated by the police) and at other suitable intervals within the zone.

Signs designating an alcohol-free zone must indicate that the drinking of alcohol is prohibited in the zone. Signs should note that alcohol may be seized and disposed of if alcohol is being consumed in the zone. Starting and finishing dates for the operation of the zone should also be included.

It is recommended that signs use consistent, easily recognisable symbols and include a map of the area defining the location of the zone. Some councils may choose to complement erected notices with spray-painted no-alcohol symbols on the footpaths.

Graphic representation on signs is an option. However, Standards Australia does not have an internationally recognised symbol for alcohol and considers that depiction of a bottle, glass AND can would be ideal to avoid confusion. The International Organisation for Standardisation (ISO) provides advice on methods that can be used to create different types of prohibition signs (ISO 7010-2003 Safety Signs used in Workplaces and Public Areas). This can be read with ISO 3864.3-2006 (Design Principles for Graphical Symbols for use in Safety Signs) which is used to ensure symbols and signs have the intended meaning and can be comprehended by persons as they enter the area the sign applies to. The Standard provides sizing requirements and font sizes for letters used in symbols.

Councils are encouraged to utilise symbols on their signage which don’t rely on high levels of literacy.

The local Aboriginal community may be engaged to design signs which are also appropriate for their community.

Page 10 of 17


The content of the sign below is considered a minimum standard.

ALCOHOL-FREE ZONE

The consumption of alcohol is prohibited

From —-/—-/—-

To —-/—-/—-

*

Non-compliance may result in immediate seizure and disposal of alcohol

* Insert appropriate directional arrow or map

On such signs the dates may be inserted in a manner that allows re-use of the sign, provided the dates cannot be removed during the period of operation.

Signs are to be removed as soon as practicable, but no longer than 30 days, after the end date of an alcohol-free zone.

SUSPENSION OR CANCELLATION OF AN ALCOHOL-FREE ZONE

section 645

The power to suspend or cancel an alcohol-free zone during its period of operation is provided so that a council may respond to more immediate situations that arise within the area of the zone.

A council must pass a valid resolution to suspend or cancel a particular alcohol-free zone. Such action may be taken as a result of a request received from any person or body, or at a council’s own initiative.

Liaison with the local police, before and after the council resolution, is essential to ensure that both groups are informed and action is coordinated. Additionally, a council may undertake any other consultation that it considers necessary.

A council must publish notice of a suspension or cancellation as required under section 645 (1) and (3). In the case of cancellation of an alcohol-free zone the signs should be removed immediately.

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A council is not limited in the reasons for which it may suspend or cancel an alcohol-free zone. A suspension would not usually be appropriate for any period longer than one month, and generally would be of a much shorter duration eg. to accommodate a specific community event. Alcohol-free zone signage should be removed for the duration of any suspension of the zone.

The four year operation of an alcohol-free zone is not extended by any suspension occurring within that period.

RE-ESTABLISHMENT OF AN ALCOHOL-FREE ZONE

section 644B(4)

An alcohol-free zone is essentially a short-term control measure and in many instances a zone will achieve the desired objectives within its operational period.

There is no general provision for an alcohol-free zone to be extended. However, the roads, footpaths or public carparks comprising a zone may be included in another alcohol-free zone of the same or different configuration, immediately following the cessation of the existing zone or at any future time.

All the requirements for the valid establishment of a zone apply whether or not any of the roads, footpaths or carparks concerned have previously been zoned as alcohol-free.

Where a proposal for an alcohol-free zone includes roads, footpaths or public carparks that have previously been zoned as alcohol-free, a council is to have regard to that previous zoning.

The evaluation criteria that councils use when considering the re-establishment of an alcohol free zone should include the following:

- what were the factors which originally supported a zoning in that area?

- how successful was the previous alcohol-free zone in achieving a reduction in unacceptable street drinking?

- what do police statistics indicate about the value of re-establishing an alcohol-free zone in that area?

- what other measures may need to be considered (eg a community education program) if unacceptable street drinking is still of concern in that area?

- has the community’s perceptions of safety improved?

The re-establishment procedure provides a council with the opportunity to focus again on any community problems associated with irresponsible alcohol consumption and the range of strategies that may be implemented to address these problems.

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RECORDING OF ALCOHOL-FREE ZONES

The maintenance of appropriate records is essential for established alcohol-free zones. As a minimum, records need to be kept in sufficient detail:

to document that all the steps for valid establishment have been undertaken

to provide for removal of signs at the conclusion of the zone’s operation

to identify suspensions or cancellations of alcohol-free zones

to avoid overlap in the establishment of alcohol-free zones

to provide a reference base where re-establishment of an alcohol-free zone is sought.

ENFORCEMENT OF ALCOHOL-FREE ZONES

sections 642 and 648

Alcohol-free zones may be enforced by any officer of the NSW Police Force or an enforcement officer. An enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purpose of section 642 of the Local Government Act.

The legislation applies to all persons, including minors.

The power to seize and tip out or otherwise dispose of alcohol without the need to issue a warning applies within an alcohol-free zone.

Where a council has authorised enforcement officers, the council will be required to adopt a procedure regarding the disposal of any alcohol that is seized.

A Police officer or authorised council enforcement officer may use their discretion to issue a warning to a person who is drinking in an alcohol free zone, for example, where the person may be unaware of the zone.

It should also be noted that in circumstances where a person does not co-operate with a Police officer or authorised council enforcement officer, they can be charged with obstruction under section 660 of the Local Government Act which carries a maximum penalty of $2,200.

The Commissioner of Police has the power to authorise council officers to enforce alcohol-free zones. The Commissioner may delegate his or her authority to Police Local Area Commanders. Where councils identify benefits to their communities for their officers to enforce alcohol free zones, the general manager will need to liaise with the Local Area Commander to ensure that council officers are suitable for this enforcement role.

Only authorised employees of a council and not contractors, who may be otherwise engaged by a council to provide regulatory services, may be authorised for this purpose.

Councils are responsible for ensuring that their authorised enforcement officers have appropriate identification to support this enforcement role.

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Councils with authorised council enforcement officers need to establish a system to record the number of occasions that these officers enforce the Alcohol-Free Zone legislation in their area. This should include monitoring the number of authorised council enforcement officers and how often alcohol is tipped out or otherwise disposed of. Councils may from time to time be required to report this data to the Department of Local Government to inform the evaluation of the usage of the Alcohol-Free Zone powers by councils.

It is important that the Police Local Area Commander and the officer-in-charge of the local police station (if different) are involved in the establishment procedure so that the zone operates and is enforced most effectively.

ALCOHOL-FREE ZONES AND COMMUNITY EDUCATION

As well as the requirement to publish information in the local media about the establishment of an alcohol-free zone, the community will be better educated about the intent of the alcohol-free zone if a community education campaign is run in line with the establishment of the zone.

Councils may wish to engage their local Community Drug Action Team or Drug and Alcohol Service within their Area Health Service so that responsible drinking messages can be promoted within the community to coincide with the establishment of the alcohol-free zone.

Posters and other information about the consequences of irresponsible street drinking may be displayed in local licensed premises and bottle shops. Collaboration between council, the police and stakeholders including liquor licensees may be assisted through a local Liquor Accord. Further information on Liquor Accords is available on the Office of Liquor, Gaming and Racing website at www.olgr.nsw.gov.au.

Page 14 of 17


CONTACTS

Department of Local Government Level 1, 5 O’Keefe Avenue (Locked Bag 3015) Nowra, 2541

Telephone: (02) 4428 4100

Website: www.dlg.nsw.gov.au

Anti-Discrimination BoardLevel 4, 175 Castlereagh Street,Sydney(PO Box A2122, Sydney South, 1235)

Telephone:General Enquiry Service & Employers Advisory Service (02) 9268 5544 For rural and regional New South Wales only 1800 670 812

Website: www.lawlink.nsw.gov.au/adb

NSW Police Service 1 Charles Street(Locked Bag 5102)Parramatta, 2150

Telephone: 1800 622 571

Website: www.police.nsw.gov.au

Page 15 of 17


Appendix 1

APPLICATION FOR ALCOHOL-FREE ZONE (Local Government Act 1993, section 644)

To .....................................................................................................(Name of Council)

1 I ..................................................................................................................................(Full Name)

2 of ................................................................................................................................ (Address) (Telephone No.)

3 Being (tick appropriate box):

(a) a representative of .......................................................................................

(Name of Community Group in area)

(b) a police officer stationed at ...........................................................................

(c) a person living in the area

(d) a person working in the area at ....................................................................

....................................................................................................................................(work address)

apply to the Council to establish an alcohol-free zone.

4 Roads or parts of roads (‘roads’ includes ‘footpaths’) and/ or public carparks to be included in the alcohol-free zone:

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................(Specify exactly by referring to street numbers or other landmarks)

5 Reasons for requesting the alcohol-free zone: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(Give details of obstruction, littering, personal injury, property damage, police intervention, etc. that have occurred on those roads or in those carparks)

Signed...............................................

Date...................................................

Documents supporting the information on this form may be attached.

Page 16 of 17


Page 17 of 17

Appendix 2

COUNCILS WHICH MUST CONSULT WITH THE ANTI-DISCRIMINATION BOARD

Sixteen councils are required to consult with the NSW Anti-Discrimination Board in their establishment of an alcohol-free zone to provide a measure of protection against the possibility of a discriminatory impact upon certain groups in the community. These councils are:

Blacktown

Bourke

Campbelltown

Dubbo

Kempsey

Lake Macquarie

Liverpool

Moree Plains

Newcastle

Penrith

Randwick

Shoalhaven

South Sydney

Tamworth

Walgett

Wollongong

ATTACHMENT 1 - PROPOSED 2014 ALCOHOL FREE ZONE MAPS

ATTACHMENT 2 2014 Maps for Proposed Locations for Alcohol Free Zones and Alcohol Prohibited Areas

1. AFZ – Proposed New Signage

2. Proposed New Alcohol Free Zone

3. Parks and Reserves – Proposed Alcohol Prohibited Areas

Proposed time for each Alcohol Prohibited Area – Sunset to sunrise

ATTACHMENT 3 Feedback from June AFZ Online Survey

AFZ RE-ESTBLISHMENT– FEEDBACK FROM ONLINE AFZ SURVEY

Throughout June 2014 an online survey in the ‘Have your Say‘ section of Council’s website sought feedback from the community about existing Alcohol Free Zones.

Only two community responses were received.

Community member comment Council response

7 June 2014

Thirroul AFZ I live across from Thirroul Beach Park and have seen lots of BBQs of family birthday parties where adults are having a quiet beer or wine. I've not seen anyone causing a problem in public. Thirroul doesn't need the AFZ. I believe there isn't an issue with drinking in public in Thirroul. And it is also not policed. If there was underage drinking in public, then that is an offence In whatever suburb you're in.

NSW Police continue to support the re-establishment of Thirroul AFZ to help mitigate community safety concerns related to drinking in a public place. Thirroul foreshore area does have some areas where the prohibition area exists for only part of the day from sunset to sunrise, allowing for activities detailed by the submission.

10 June 2014

Wollongong - Stuart Park (Alcohol Prohibited Area) Recent media suggests Stuart Park is covered by CBD AFZ which it does not. There is confusion about this as signage in the park suggests the park is within an alcohol free zone. The zone should be extended to cover Stuart Park as it ends up being the only foreshore park where drinking is condoned and subsequent anti social behaviour.

Stuart Park is currently an Alcohol Prohibited Area. To minimise confusion Council will work toward installing additional signage to inform the public that it is an alcohol prohibited area.

ESTABLISHMENT AND MAINTENANCE OF ALCOHOL-FREE ZONES ON PUBLIC ROADS AND FOOTPATHS

COUNCIL POLICY



BACKGROUND The NSW Local Government Act 1993 (“the Act”) provides for the establishment of Alcohol-Free Zones (“AFZ”) on roads and footpaths within Local Government Aareas as part of a strategy to improve public safety and prevent disorderly behaviour caused by the irresponsible consumption of alcohol in public places. The Wollongong Community Safety Plan 2012-2016 identifies the review and establishment of AFZs as one method among many to help reduce alcohol related crime.

AFZs are established and maintained by Councils while their enforcement is undertaken by NSW Police. The consumption of alcohol in an AFZ is prohibited and Police are empowered by the Act to seize and dispose of alcohol being consumed in a declared AFZ.

OBJECTIVE The main objective of this policy is to act as an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime. It provides a means for assisting NSW Police to regulate the public consumption of alcohol within the City of Wollongong.

POLICY STATEMENT The establishment of AFZs on public roads and footpaths at particular locations within the City of Wollongong is undertaken as an early intervention measure to prevent the escalation of irresponsible drinking to incidents involving serious crime.

ATTACHMENT 4



STATEMENT OF PROCEDURES 1. Upon receipt of an application for an AFZ check that the application is valid in accordance with section 644 of

the Act.

2. Acknowledge receipt of the application together with advice summarising the process to be followed and the anticipated time frame.

3. Refer the application to the New South Wales Police and Council’s Community Safety Reference Group for consideration and comment.

4. If the establishment of the Zone is supported by NSW Police prepare a report to Council, including the recommendations of the Police and Council’s Community Safety Reference Group, for consideration and approval of the public exhibition of the proposed Zone.

5. Advertise the proposal to establish the Alcohol Free Zone and invite written comments from the community, the Officer in Charge of the Police Station within or nearest to the zone concerned, each holder of a licence in force under the Liquor Act 2007 for premises that border on, adjoin or are adjacent to, the proposed Zone and the Anti-Discrimination Board within 30 days.

6. Prepare a report including the recommendations of the parties consulted in paragraph 5 and submit to Council for final approval of the establishment of the Zone

7. If Council resolves to establish an AFZ, the following notification is required to be given:

• Nnotify the applicant, local police and all persons who have made submissions in respect of the proposal.

• Ppublish an advertisement in the newspaper advising of the establishment of the Alcohol-Free Zone.

8. Install appropriate signposting at the boundaries of, and at regular intervals within, the Zone.

9. Review the Alcohol-Free Zone within 10 months of the expiration with a view to its re-establishment for a further term.

10. Alcohol Prohibited Areas – Section 632A(4) of the Act enables Councils to declare any public place or part of a place (such as a park or beach), to be an Alcohol Prohibited Area, except those places (public roads, footpaths and car parks) which are to be dealt with under the Alcohol-Free Zone provisions of the Act. The Local Government Amendment (Confiscation of Alcohol) Act 2010 passed on 7 December 2010 authorises NSW Police to confiscate and tip out alcohol in the possession of a person who is in an area where alcohol consumption is prohibited by a notice under section 632 (for existing Alcohol Prohibited Areas) and section 632A (for newly established Alcohol Prohibited Areas) of the Local Government Act 1993..



SUMMARY SHEET

Responsible Division Community Cultural and Economic Development


Date of previous adoptions 13 December 1993

Date of next review [List date - Not more than 3 years from adoption]

Prepared by Manager Community Cultural and Economic Development

Authorised by Director Corporate and Community Creative, Engaged and Innovative CityServices


onAlcohol - Free

Zones

February 2009

ATTACHMENT 5

ACCESS TO SERVICES The Department of Local Government is located at:

Levels 1 & 2 5 O’Keefe Avenue Locked Bag 3015 NOWRA NSW 2541 NOWRA NSW 2541

Phone 02 4428 4100 Fax 02 4428 4199 TTY 02 4428 4209

Level 9, 323 Castlereagh Street Locked Bag A5045 SYDNEY NSW 2000 SYDNEY SOUTH NSW 1235

Phone 02 9289 4000 Fax 02 9289 4099

Email [email protected] Website www.dlg.nsw.gov.au

OFFICE HOURS Monday to Friday 8.30am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.

ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact our Executive Branch on 02 9289 4000.

© NSW Department of Local Government 2009 ISBN 1 920766 80 4


www.dlg.nsw.gov.au

FOREWORD

The NSW Government has made clear its determination to tackle the growing problem of anti-social behaviour and alcohol-related violence in our community. The Government has introduced a comprehensive package of initiatives to help address this issue, including amendments to the alcohol-free zone provisions in the Local Government Act 1993 to give Police and local council enforcement officers more power to enforce alcohol-free zones.

These Ministerial Guidelines have been prepared under section 646(1) of the Local Government Act. The Guidelines take effect on 5 February 2009 replacing the previous Guidelines issued in 1995.

The principal object of an alcohol-free zone is to prevent disorderly behaviour caused by the consumption of alcohol in public areas in order to improve public safety.

Alcohol-free zones are most effective if they form part of a larger program in which the local community is actively involved directed at irresponsible alcohol consumption. Used in isolation they may only move the problem from one place to another.

The Guidelines provide councils with detailed procedures to be followed when considering the establishment of alcohol-free zones. The guidelines include details on the application process, consultation and operational requirements, as well as guidance on enforcing alcohol-free zones. Councils are encouraged to establish a good working relationship with their Police local area command to enhance the effectiveness of alcohol-free zones.

There is evidence that when alcohol-free zones are established in appropriate areas and operated with the required level of resources to promote and enforce the zones, they are an effective tool in assisting Police and councils manage public safety.

I encourage all councils to consider the appropriate use of alcohol-free zones to manage alcohol related anti-social behaviour in their community.

The Hon. Barbara Perry, MP Minister for Local Government 5 February 2009


Contents

Foreword

Introduction



















Contacts


Appendix 2 Councils which must consult with Anti-Discrimination Board

3

5

6

6

6

6

7

7

8

8

8

8

9

10

10

11

12

13

13

14

15

16

17

Page 4 of 17


INTRODUCTION

The object of alcohol-free zones is an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime.

The drinking of alcohol is prohibited in an alcohol-free zone that has been established by a council. Public places that are public roads, footpaths or public carparks may be included in a zone. Alcohol-free zones promote the use of these roads, footpaths and carparks in safety and without interference from irresponsible street drinkers.

Any person living or working within an area, the local police or a local community group may ask a council to establish an alcohol-free zone or a council itself may decide to do so. A proposal to establish an alcohol-free zone must in all cases be supported by evidence that the public’s use of those roads, footpaths or public carparks has been compromised by street drinkers. For example, there could be instances of malicious damage to property, littering, offensive behaviour or other crimes.

The council must undertake a consultation process to decide if an alcohol-free zone is appropriate. Once established by council resolution, the roads, footpaths and public carparks within the zone must be signposted and notice of the zone must appear in the local press. The maximum duration of an alcohol-free zone is four years, although it may be re-established at the conclusion of the original period, following a review by council of its continuing applicability. Alcohol-free zones may also be established for special events only.

Alcohol-free zones are enforced by the police or by council enforcement officers where the Commissioner of Police gives written authorisation. Any person observed to be drinking in an alcohol-free zone may have the alcohol in their possession immediately seized and tipped out or otherwise disposed of.

Alcohol-free zones are most effective if they are part of a larger program directed at irresponsible alcohol consumption in which the local community is actively involved. Used in isolation they may only move the problem from one place to another.

These Ministerial Guidelines provide local councils with detailed procedures which must be followed in the establishment of an alcohol-free zone. They supplement the relevant provisions of the Local Government Act 1993.

Each of the paragraphs of these Guidelines are accompanied by the relevant section reference in the Act. As set out in section 646 of the Local Government Act, the Ministerial Guidelines must be used by councils when establishing an alcohol-free zone.

The Commissioner of Police may separately issue directions relating to the enforcement of alcohol-free zones.

Page 5 of 17




sections 644, 644A, 644B, 644C and 646

To validly establish an alcohol-free zone a council must comply with the procedures in sections 644 to 644C of the Local Government Act as well as those set out in these Guidelines.

The Act identifies that alcohol-free zones can be established in those areas which have identified problems with regard to street drinking.



One or more of the following people may make application to a local council to establish an alcohol-free zone:

a person who is a representative of a community group active in the area, a police officer, or a person who lives or works in the area.

An application to the relevant council is to be made in the form set out at Appendix 1 to these Guidelines. A council may adapt the form, provided the same information is required as a minimum. Councils may consider making the application form available on their website.


If council receives more than one application referring to the same roads, footpaths or public carparks, they may be joined in a single alcohol-free zone proposal.

PROPOSAL FOR THE ESTABLISHMENT OF AN ALCOHOL-FREE ZONE

section 644

A council may prepare a proposal for the establishment of an alcohol-free zone. In this case, receipt of an application is not necessary as the council itself is initiating action for a zone.


An alcohol-free zone is a means by which a council may limit the locations within its area where the consumption of alcohol is permitted. Because it will impose restrictions on the personal freedom of citizens, a proposal to establish a zone must adequately address the following matters:

Page 6 of 17



The irresponsible consumption of alcohol on roads and footpaths and in public carparks can compromise their safe use by members of the public without interference. Each individual zoning is to be considered according to its particular circumstances.

Reasons for supporting alcohol-free zones must be included and must reflect the fact that irresponsible behaviour arising from the consumption of alcohol is occurring on those roads and footpaths and in those public carparks included in the proposal. This could involve instances of obstruction, littering, the actual commission of, or police intervention to avoid the commission of, more serious offences under the Law Enforcement (Powers and Responsibilities) Act 2002,Summary Offences Act 1988 or the Crimes Act 1900, such as malicious damage, etc.

It is not appropriate to consider an alcohol-free zone for reasons that are unrelated to the irresponsible behaviour of drinkers, for example, the congregation of drinkers where irresponsible behaviour does not occur, general conduciveness to business or tourist activities or the personal beliefs of particular citizens.


An alcohol-free zone may only be established to include a public road, footpath or a public place that is a carpark (ie carparks on public land or Crown land). Private carparks (being on private land and not under the control of the council) may not be included.

Generally, an alcohol-free zone should be as small as is possible and must only extend to areas which can be supported by reasons as set out in point 1 above. However, larger alcohol-free zones, sometimes known as ‘whole-town’ alcohol-free zones may be effective in some rural and remote towns where they are supported generally by all stakeholder groups in that community. There are legal issues that need to be considered by councils when such ‘whole-town’ zones are proposed, as some relevant areas of a town will not be public roads, footpaths or public carparks.

Large alcohol-free zones need to be established in a way which is complementary with public places signposted under section 632 of the Local Government Act 1993. It is not usually appropriate to establish an entire local government area, or a substantial part of that area, as an alcohol-free zone. Similarly, it would usually be inappropriate to zone the greater part of a town, suburb or urban area as alcohol-free.

Alcohol-free zones should primarily be located adjacent to outlets supplying alcohol where drinkers congregate. In the absence of such an outlet a zoning should be considered only in exceptional circumstances. For example, a known hot spot for inappropriate street drinking may be in a public carpark adjacent to a beach or public reserve, but which is many kilometres from an outlet supplying alcohol.

Page 7 of 17


Alcohol-free zones and alfresco dining In some circumstances an alcohol-free zone may be proposed for an area that includes footpath alfresco dining areas for cafés and restaurants which fall within the zone. When a council issues a licence for the use of public footpaths for such dining use in an alcohol-free zone, it must impose conditions on the licensee (eg restaurant operator) about the requirements of the zone, including clear delineation and control of the licensed area from the alcohol-free zone.


An alcohol-free zone may be established for a maximum period of four years. Once established, it applies twenty-four hours per day.

Where a problem with irresponsible street drinking exists only in relation to a special event within the local area, an alcohol-free zone may be established only for that special event. A “special event” is not defined in the Local Government Act. It could be applied to any event that is of significance to the local area, for example, a local show day, a cultural event such as Tamworth’s Country Music Festival, or a particular time of year such as New Year’s Eve celebrations. It is for the relevant council to decide what is a “special event” for the purposes of establishing an alcohol-free zone.

An alcohol-free zone declared for a special event also has a maximum duration of four consecutive years. The proposal and related signage needs to define the special event that the alcohol-free zone relates to.

The duration of an alcohol-free zone established prior to 3 December 2008 is not extended.


In preparing a proposal to establish an alcohol-free zone a council must consult with the relevant Police Local Area Commander about the appropriate number and location of alcohol-free zones.


section 644A

After preparing a proposal to establish an alcohol-free zone a council is required to undertake a public consultation process. The process under the Act involves all of the following:

1. Publish a notice of the proposal in a newspaper circulating in the area of the proposed alcohol-free zone, allow inspection of the proposal and invite representations or objections within 30 days from the date of publication. The notice should state the exact location of the proposed alcohol-free zone, and the place and time at which the proposal may be inspected.

Page 8 of 17



a) the Police Local Area Commander and the officer in charge of the police station within or nearest to the proposed zone,

b) liquor licensees and secretaries of registered clubs whose premises border on, or adjoin or are adjacent to, the proposed zone,

and invite representations or objections within 30 days from the date of sending the copy of the proposal, AND

3. Send a copy of the proposal to the NSW Anti-Discrimination Board, if the local area is listed in Appendix 2 to these Guidelines, and invite representations or objections within 30 days from the date of sending the copy of the proposal. Other councils have the option of advising the Board if they wish to seek the Board’s views on the proposed alcohol-free zone.

In addition to these statutory requirements there are other consultative avenues that may enhance the effectiveness of any alcohol-free zone that is subsequently established. Accordingly, a council is also required to:

4. Send a copy of the proposal to any known organisation representing or able to speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse group within the local area and invite representations or objections within 30 days from the date of sending the copy of the proposal.

A council is to give proper consideration to any representations, submissions or objections received and as a result may amend or withdraw a proposal to establish an alcohol-free zone. However, any amendment that extends the location of the proposed alcohol-free zone must be supported by reasons (as outlined above).



After complying with the procedures a council may, by resolution, adopt a proposal to establish an alcohol-free zone. The resolution itself will establish the zone.

After resolution, a council’s usual administrative processes would apply in informing interested parties including any applicant, the Anti-Discrimination Board (if applicable), the relevant police Local Area Commander and officer in charge of the local police station (if different), affected liquor licensees and club secretaries and other organisations advised of the original proposal.



A council must publicly advise the establishment of an alcohol-free zone by notice published in a newspaper circulating in the area that includes the zone.

An alcohol-free zone will not operate until 7 days after publication of the notice AND until the roads, footpaths and public carparks affected are adequately signposted.

Page 9 of 17




As a minimum, signs are to be placed at the outer limits of the zone, at the site of specific trouble spots (as indicated by the police) and at other suitable intervals within the zone.

Signs designating an alcohol-free zone must indicate that the drinking of alcohol is prohibited in the zone. Signs should note that alcohol may be seized and disposed of if alcohol is being consumed in the zone. Starting and finishing dates for the operation of the zone should also be included.

It is recommended that signs use consistent, easily recognisable symbols and include a map of the area defining the location of the zone. Some councils may choose to complement erected notices with spray-painted no-alcohol symbols on the footpaths.

Graphic representation on signs is an option. However, Standards Australia does not have an internationally recognised symbol for alcohol and considers that depiction of a bottle, glass AND can would be ideal to avoid confusion. The International Organisation for Standardisation (ISO) provides advice on methods that can be used to create different types of prohibition signs (ISO 7010-2003 Safety Signs used in Workplaces and Public Areas). This can be read with ISO 3864.3-2006 (Design Principles for Graphical Symbols for use in Safety Signs) which is used to ensure symbols and signs have the intended meaning and can be comprehended by persons as they enter the area the sign applies to. The Standard provides sizing requirements and font sizes for letters used in symbols.

Councils are encouraged to utilise symbols on their signage which don’t rely on high levels of literacy.

The local Aboriginal community may be engaged to design signs which are also appropriate for their community.

Page 10 of 17



ALCOHOL-FREE ZONE


From —-/—-/—-

To —-/—-/—-

*

Non-compliance may result in immediate seizure and disposal of alcohol


On such signs the dates may be inserted in a manner that allows re-use of the sign, provided the dates cannot be removed during the period of operation.

Signs are to be removed as soon as practicable, but no longer than 30 days, after the end date of an alcohol-free zone.


section 645

The power to suspend or cancel an alcohol-free zone during its period of operation is provided so that a council may respond to more immediate situations that arise within the area of the zone.

A council must pass a valid resolution to suspend or cancel a particular alcohol-free zone. Such action may be taken as a result of a request received from any person or body, or at a council’s own initiative.

Liaison with the local police, before and after the council resolution, is essential to ensure that both groups are informed and action is coordinated. Additionally, a council may undertake any other consultation that it considers necessary.

A council must publish notice of a suspension or cancellation as required under section 645 (1) and (3). In the case of cancellation of an alcohol-free zone the signs should be removed immediately.

Page 11 of 17


A council is not limited in the reasons for which it may suspend or cancel an alcohol-free zone. A suspension would not usually be appropriate for any period longer than one month, and generally would be of a much shorter duration eg. to accommodate a specific community event. Alcohol-free zone signage should be removed for the duration of any suspension of the zone.

The four year operation of an alcohol-free zone is not extended by any suspension occurring within that period.


section 644B(4)

An alcohol-free zone is essentially a short-term control measure and in many instances a zone will achieve the desired objectives within its operational period.

There is no general provision for an alcohol-free zone to be extended. However, the roads, footpaths or public carparks comprising a zone may be included in another alcohol-free zone of the same or different configuration, immediately following the cessation of the existing zone or at any future time.

All the requirements for the valid establishment of a zone apply whether or not any of the roads, footpaths or carparks concerned have previously been zoned as alcohol-free.

Where a proposal for an alcohol-free zone includes roads, footpaths or public carparks that have previously been zoned as alcohol-free, a council is to have regard to that previous zoning.

The evaluation criteria that councils use when considering the re-establishment of an alcohol free zone should include the following:


- how successful was the previous alcohol-free zone in achieving a reduction in unacceptable street drinking?


- what other measures may need to be considered (eg a community education program) if unacceptable street drinking is still of concern in that area?


The re-establishment procedure provides a council with the opportunity to focus again on any community problems associated with irresponsible alcohol consumption and the range of strategies that may be implemented to address these problems.

Page 12 of 17



The maintenance of appropriate records is essential for established alcohol-free zones. As a minimum, records need to be kept in sufficient detail:





to provide a reference base where re-establishment of an alcohol-free zone is sought.



Alcohol-free zones may be enforced by any officer of the NSW Police Force or an enforcement officer. An enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purpose of section 642 of the Local Government Act.


The power to seize and tip out or otherwise dispose of alcohol without the need to issue a warning applies within an alcohol-free zone.

Where a council has authorised enforcement officers, the council will be required to adopt a procedure regarding the disposal of any alcohol that is seized.

A Police officer or authorised council enforcement officer may use their discretion to issue a warning to a person who is drinking in an alcohol free zone, for example, where the person may be unaware of the zone.

It should also be noted that in circumstances where a person does not co-operate with a Police officer or authorised council enforcement officer, they can be charged with obstruction under section 660 of the Local Government Act which carries a maximum penalty of $2,200.

The Commissioner of Police has the power to authorise council officers to enforce alcohol-free zones. The Commissioner may delegate his or her authority to Police Local Area Commanders. Where councils identify benefits to their communities for their officers to enforce alcohol free zones, the general manager will need to liaise with the Local Area Commander to ensure that council officers are suitable for this enforcement role.

Only authorised employees of a council and not contractors, who may be otherwise engaged by a council to provide regulatory services, may be authorised for this purpose.

Councils are responsible for ensuring that their authorised enforcement officers have appropriate identification to support this enforcement role.

Page 13 of 17


Councils with authorised council enforcement officers need to establish a system to record the number of occasions that these officers enforce the Alcohol-Free Zone legislation in their area. This should include monitoring the number of authorised council enforcement officers and how often alcohol is tipped out or otherwise disposed of. Councils may from time to time be required to report this data to the Department of Local Government to inform the evaluation of the usage of the Alcohol-Free Zone powers by councils.

It is important that the Police Local Area Commander and the officer-in-charge of the local police station (if different) are involved in the establishment procedure so that the zone operates and is enforced most effectively.


As well as the requirement to publish information in the local media about the establishment of an alcohol-free zone, the community will be better educated about the intent of the alcohol-free zone if a community education campaign is run in line with the establishment of the zone.

Councils may wish to engage their local Community Drug Action Team or Drug and Alcohol Service within their Area Health Service so that responsible drinking messages can be promoted within the community to coincide with the establishment of the alcohol-free zone.

Posters and other information about the consequences of irresponsible street drinking may be displayed in local licensed premises and bottle shops. Collaboration between council, the police and stakeholders including liquor licensees may be assisted through a local Liquor Accord. Further information on Liquor Accords is available on the Office of Liquor, Gaming and Racing website at www.olgr.nsw.gov.au.

Page 14 of 17


CONTACTS

Department of Local Government Level 1, 5 O’Keefe Avenue (Locked Bag 3015) Nowra, 2541

Telephone: (02) 4428 4100



Telephone:General Enquiry Service & Employers Advisory Service (02) 9268 5544 For rural and regional New South Wales only 1800 670 812


NSW Police Service 1 Charles Street(Locked Bag 5102)Parramatta, 2150

Telephone: 1800 622 571


Page 15 of 17


Appendix 1

APPLICATION FOR ALCOHOL-FREE ZONE (Local Government Act 1993, section 644)


1 I ..................................................................................................................................(Full Name)

2 of ................................................................................................................................ (Address) (Telephone No.)







....................................................................................................................................(work address)


4 Roads or parts of roads (‘roads’ includes ‘footpaths’) and/ or public carparks to be included in the alcohol-free zone:

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................


5 Reasons for requesting the alcohol-free zone: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(Give details of obstruction, littering, personal injury, property damage, police intervention, etc. that have occurred on those roads or in those carparks)

Signed...............................................

Date...................................................


Page 16 of 17


Page 17 of 17

Appendix 2

COUNCILS WHICH MUST CONSULT WITH THE ANTI-DISCRIMINATION BOARD

Sixteen councils are required to consult with the NSW Anti-Discrimination Board in their establishment of an alcohol-free zone to provide a measure of protection against the possibility of a discriminatory impact upon certain groups in the community. These councils are:

Blacktown

Bourke

Campbelltown

Dubbo

Kempsey

Lake Macquarie

Liverpool

Moree Plains

Newcastle

Penrith

Randwick

Shoalhaven

South Sydney

Tamworth

Walgett

Wollongong

Attachment 6

Alcohol Prohibited Parks

The table below lists those parks and sportsgrounds which currently have Alcohol Prohibited signage erected.

Park Suburb Ordinance Signs

Signs

Charles Harper PK Helensburgh 1 1x Alcohol Prohibited Cawley PK Russell vale 2 1x Alcohol Prohibited Corrimal Memorial PK Corrimal 1 2x Alcohol Prohibited City Beach Wollongong 6 1x Alcohol Free Zone, 6x Alcohol

Prohibited Flagstaff Hill Wollongong 1 3x Alcohol Free Zone, 1x Alcohol

Prohibited Hollymount Park Woonona 2 1x Alcohol Prohibited Judy Masters Park Balgownie 2 2x Alcohol Prohibited Lang Park Wollongong 4 2x Alcohol free zone, 4x Alcohol

Prohibited McCabe Park Wollongong 5 5x Alcohol Prohibited Nicholson Park Woonona 1 1x Alcohol Prohibited Pioneer Park Wollongong 1 1x Alcohol Prohibited Towradgi Park Towradgi 1 1x Alcohol Prohibited Thirroul Surf Club Thirroul 1 3x Alcohol Free Zone, 1x Alcohol

Prohibited Windang Surf Club Windang 1 1x Alcohol Prohibited Stuart Park

North Wollongong 9 2x Alcohol Free zones, current 0 Alcohol Prohibited, replacement signs to be installed 2014

ATTACHMENT 1

WOLLONGONG ALCOHOL FREE ZONE MAP


onAlcohol - Free

Zones

February 2009

ACCESS TO SERVICESThe Department of Local Government is located at:

Levels 1 & 25 O’Keefe Avenue Locked Bag 3015NOWRA NSW 2541 NOWRA NSW 2541

Phone 02 4428 4100Fax 02 4428 4199TTY 02 4428 4209

Level 9, 323 Castlereagh Street Locked Bag A5045SYDNEY NSW 2000 SYDNEY SOUTH NSW 1235

Phone 02 9289 4000Fax 02 9289 4099

Email [email protected] www.dlg.nsw.gov.au

OFFICE HOURSMonday to Friday8.30am to 5.00pm(Special arrangements may be made if these hours are unsuitable)All offices are wheelchair accessible.

ALTERNATIVE MEDIA PUBLICATIONSSpecial arrangements can be made for our publications to be provided in large print oran alternative media format. If you need this service, please contact our ExecutiveBranch on 02 9289 4000.

© NSW Department of Local Government 2009ISBN 1 920766 80 4


www.dlg.nsw.gov.au

FOREWORD

The NSW Government has made clear its determination to tackle the growingproblem of anti-social behaviour and alcohol-related violence in our community.The Government has introduced a comprehensive package of initiatives to helpaddress this issue, including amendments to the alcohol-free zone provisions inthe Local Government Act 1993 to give Police and local council enforcementofficers more power to enforce alcohol-free zones.

These Ministerial Guidelines have been prepared under section 646(1) of theLocal Government Act. The Guidelines take effect on 5 February 2009 replacingthe previous Guidelines issued in 1995.

The principal object of an alcohol-free zone is to prevent disorderly behaviourcaused by the consumption of alcohol in public areas in order to improve publicsafety.

Alcohol-free zones are most effective if they form part of a larger program inwhich the local community is actively involved directed at irresponsible alcoholconsumption. Used in isolation they may only move the problem from one placeto another.

The Guidelines provide councils with detailed procedures to be followed whenconsidering the establishment of alcohol-free zones. The guidelines includedetails on the application process, consultation and operational requirements, aswell as guidance on enforcing alcohol-free zones. Councils are encouraged toestablish a good working relationship with their Police local area command toenhance the effectiveness of alcohol-free zones.

There is evidence that when alcohol-free zones are established in appropriateareas and operated with the required level of resources to promote and enforcethe zones, they are an effective tool in assisting Police and councils managepublic safety.

I encourage all councils to consider the appropriate use of alcohol-free zones tomanage alcohol related anti-social behaviour in their community.

The Hon. Barbara Perry, MPMinister for Local Government5 February 2009


Contents

Foreword

Introduction



















Contacts


Appendix 2 Councils which must consult withAnti-Discrimination Board

3

5

6

6

6

6

7

7

8

8

8

8

9

10

10

11

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INTRODUCTION

The object of alcohol-free zones is an early intervention measure to prevent theescalation of irresponsible street drinking to incidents involving serious crime.

The drinking of alcohol is prohibited in an alcohol-free zone that has beenestablished by a council. Public places that are public roads, footpaths or publiccarparks may be included in a zone. Alcohol-free zones promote the use of theseroads, footpaths and carparks in safety and without interference from irresponsiblestreet drinkers.

Any person living or working within an area, the local police or a local communitygroup may ask a council to establish an alcohol-free zone or a council itself maydecide to do so. A proposal to establish an alcohol-free zone must in all cases besupported by evidence that the public’s use of those roads, footpaths or publiccarparks has been compromised by street drinkers. For example, there could beinstances of malicious damage to property, littering, offensive behaviour or othercrimes.

The council must undertake a consultation process to decide if an alcohol-free zoneis appropriate. Once established by council resolution, the roads, footpaths andpublic carparks within the zone must be signposted and notice of the zone mustappear in the local press. The maximum duration of an alcohol-free zone is fouryears, although it may be re-established at the conclusion of the original period,following a review by council of its continuing applicability. Alcohol-free zones mayalso be established for special events only.

Alcohol-free zones are enforced by the police or by council enforcement officerswhere the Commissioner of Police gives written authorisation. Any person observedto be drinking in an alcohol-free zone may have the alcohol in their possessionimmediately seized and tipped out or otherwise disposed of.

Alcohol-free zones are most effective if they are part of a larger program directed atirresponsible alcohol consumption in which the local community is actively involved.Used in isolation they may only move the problem from one place to another.

These Ministerial Guidelines provide local councils with detailed procedures whichmust be followed in the establishment of an alcohol-free zone. They supplement therelevant provisions of the Local Government Act 1993.

Each of the paragraphs of these Guidelines are accompanied by the relevant sectionreference in the Act. As set out in section 646 of the Local Government Act, theMinisterial Guidelines must be used by councils when establishing an alcohol-freezone.

The Commissioner of Police may separately issue directions relating to theenforcement of alcohol-free zones.

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sections 644, 644A, 644B, 644C and 646

To validly establish an alcohol-free zone a council must comply with the proceduresin sections 644 to 644C of the Local Government Act as well as those set out inthese Guidelines.

The Act identifies that alcohol-free zones can be established in those areas whichhave identified problems with regard to street drinking.



One or more of the following people may make application to a local council toestablish an alcohol-free zone:

a person who is a representative of a community group active in the area,a police officer, ora person who lives or works in the area.

An application to the relevant council is to be made in the form set out at Appendix 1to these Guidelines. A council may adapt the form, provided the same information isrequired as a minimum. Councils may consider making the application form availableon their website.


If council receives more than one application referring to the same roads, footpathsor public carparks, they may be joined in a single alcohol-free zone proposal.

PROPOSAL FOR THE ESTABLISHMENT OF AN ALCOHOL-FREEZONE

section 644

A council may prepare a proposal for the establishment of an alcohol-free zone. Inthis case, receipt of an application is not necessary as the council itself is initiatingaction for a zone.


An alcohol-free zone is a means by which a council may limit the locations within itsarea where the consumption of alcohol is permitted. Because it will imposerestrictions on the personal freedom of citizens, a proposal to establish a zone mustadequately address the following matters:

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The irresponsible consumption of alcohol on roads and footpaths and in publiccarparks can compromise their safe use by members of the public withoutinterference. Each individual zoning is to be considered according to its particularcircumstances.

Reasons for supporting alcohol-free zones must be included and must reflect thefact that irresponsible behaviour arising from the consumption of alcohol isoccurring on those roads and footpaths and in those public carparks included inthe proposal. This could involve instances of obstruction, littering, the actualcommission of, or police intervention to avoid the commission of, more seriousoffences under the Law Enforcement (Powers and Responsibilities) Act 2002,Summary Offences Act 1988 or the Crimes Act 1900, such as malicious damage,etc.

It is not appropriate to consider an alcohol-free zone for reasons that areunrelated to the irresponsible behaviour of drinkers, for example, thecongregation of drinkers where irresponsible behaviour does not occur, generalconduciveness to business or tourist activities or the personal beliefs of particularcitizens.


An alcohol-free zone may only be established to include a public road, footpath ora public place that is a carpark (ie carparks on public land or Crown land). Privatecarparks (being on private land and not under the control of the council) may notbe included.

Generally, an alcohol-free zone should be as small as is possible and must onlyextend to areas which can be supported by reasons as set out in point 1 above.However, larger alcohol-free zones, sometimes known as ‘whole-town’ alcohol-free zones may be effective in some rural and remote towns where they aresupported generally by all stakeholder groups in that community. There are legalissues that need to be considered by councils when such ‘whole-town’ zones areproposed, as some relevant areas of a town will not be public roads, footpaths orpublic carparks.

Large alcohol-free zones need to be established in a way which iscomplementary with public places signposted under section 632 of the LocalGovernment Act 1993. It is not usually appropriate to establish an entire localgovernment area, or a substantial part of that area, as an alcohol-free zone.Similarly, it would usually be inappropriate to zone the greater part of a town,suburb or urban area as alcohol-free.

Alcohol-free zones should primarily be located adjacent to outlets supplyingalcohol where drinkers congregate. In the absence of such an outlet a zoningshould be considered only in exceptional circumstances. For example, a knownhot spot for inappropriate street drinking may be in a public carpark adjacent to abeach or public reserve, but which is many kilometres from an outlet supplyingalcohol.

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Alcohol-free zones and alfresco diningIn some circumstances an alcohol-free zone may be proposed for an area thatincludes footpath alfresco dining areas for cafés and restaurants which fall withinthe zone. When a council issues a licence for the use of public footpaths for suchdining use in an alcohol-free zone, it must impose conditions on the licensee (egrestaurant operator) about the requirements of the zone, including cleardelineation and control of the licensed area from the alcohol-free zone.


An alcohol-free zone may be established for a maximum period of four years.Once established, it applies twenty-four hours per day.

Where a problem with irresponsible street drinking exists only in relation to aspecial event within the local area, an alcohol-free zone may be established onlyfor that special event. A “special event” is not defined in the Local GovernmentAct. It could be applied to any event that is of significance to the local area, forexample, a local show day, a cultural event such as Tamworth’s Country MusicFestival, or a particular time of year such as New Year’s Eve celebrations. It is forthe relevant council to decide what is a “special event” for the purposes ofestablishing an alcohol-free zone.

An alcohol-free zone declared for a special event also has a maximum duration offour consecutive years. The proposal and related signage needs to define thespecial event that the alcohol-free zone relates to.

The duration of an alcohol-free zone established prior to 3 December 2008 is notextended.


In preparing a proposal to establish an alcohol-free zone a council must consultwith the relevant Police Local Area Commander about the appropriate numberand location of alcohol-free zones.


section 644A

After preparing a proposal to establish an alcohol-free zone a council is required toundertake a public consultation process. The process under the Act involves all ofthe following:

1. Publish a notice of the proposal in a newspaper circulating in the area of theproposed alcohol-free zone, allow inspection of the proposal and inviterepresentations or objections within 30 days from the date of publication. Thenotice should state the exact location of the proposed alcohol-free zone, and theplace and time at which the proposal may be inspected.

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a) the Police Local Area Commander and the officer in charge of the policestation within or nearest to the proposed zone,

b) liquor licensees and secretaries of registered clubs whose premises borderon, or adjoin or are adjacent to, the proposed zone,

and invite representations or objections within 30 days from the date of sending thecopy of the proposal, AND

3. Send a copy of the proposal to the NSW Anti-Discrimination Board, if the localarea is listed in Appendix 2 to these Guidelines, and invite representations orobjections within 30 days from the date of sending the copy of the proposal.Other councils have the option of advising the Board if they wish to seek theBoard’s views on the proposed alcohol-free zone.

In addition to these statutory requirements there are other consultative avenues thatmay enhance the effectiveness of any alcohol-free zone that is subsequentlyestablished. Accordingly, a council is also required to:

4. Send a copy of the proposal to any known organisation representing or able tospeak on behalf of an identifiable Aboriginal or culturally and linguistically diversegroup within the local area and invite representations or objections within 30 daysfrom the date of sending the copy of the proposal.

A council is to give proper consideration to any representations, submissions orobjections received and as a result may amend or withdraw a proposal to establishan alcohol-free zone. However, any amendment that extends the location of theproposed alcohol-free zone must be supported by reasons (as outlined above).



After complying with the procedures a council may, by resolution, adopt a proposal toestablish an alcohol-free zone. The resolution itself will establish the zone.

After resolution, a council’s usual administrative processes would apply in informinginterested parties including any applicant, the Anti-Discrimination Board (ifapplicable), the relevant police Local Area Commander and officer in charge of thelocal police station (if different), affected liquor licensees and club secretaries andother organisations advised of the original proposal.



A council must publicly advise the establishment of an alcohol-free zone by noticepublished in a newspaper circulating in the area that includes the zone.

An alcohol-free zone will not operate until 7 days after publication of the notice ANDuntil the roads, footpaths and public carparks affected are adequately signposted.

Page 9 of 17




As a minimum, signs are to be placed at the outer limits of the zone, at the site ofspecific trouble spots (as indicated by the police) and at other suitable intervals withinthe zone.

Signs designating an alcohol-free zone must indicate that the drinking of alcohol isprohibited in the zone. Signs should note that alcohol may be seized and disposed ofif alcohol is being consumed in the zone. Starting and finishing dates for theoperation of the zone should also be included.

It is recommended that signs use consistent, easily recognisable symbols andinclude a map of the area defining the location of the zone. Some councils maychoose to complement erected notices with spray-painted no-alcohol symbols on thefootpaths.

Graphic representation on signs is an option. However, Standards Australia does nothave an internationally recognised symbol for alcohol and considers that depiction ofa bottle, glass AND can would be ideal to avoid confusion. The InternationalOrganisation for Standardisation (ISO) provides advice on methods that can be usedto create different types of prohibition signs (ISO 7010-2003 Safety Signs used inWorkplaces and Public Areas). This can be read with ISO 3864.3-2006 (DesignPrinciples for Graphical Symbols for use in Safety Signs) which is used to ensuresymbols and signs have the intended meaning and can be comprehended bypersons as they enter the area the sign applies to. The Standard provides sizingrequirements and font sizes for letters used in symbols.

Councils are encouraged to utilise symbols on their signage which don’t rely on highlevels of literacy.

The local Aboriginal community may be engaged to design signs which are alsoappropriate for their community.

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ALCOHOL-FREE ZONE


From —-/—-/—-

To —-/—-/—-

*

Non-compliance may result in immediateseizure and disposal of alcohol


On such signs the dates may be inserted in a manner that allows re-use of the sign,provided the dates cannot be removed during the period of operation.

Signs are to be removed as soon as practicable, but no longer than 30 days, after theend date of an alcohol-free zone.


section 645

The power to suspend or cancel an alcohol-free zone during its period of operation isprovided so that a council may respond to more immediate situations that arise withinthe area of the zone.

A council must pass a valid resolution to suspend or cancel a particular alcohol-freezone. Such action may be taken as a result of a request received from any person orbody, or at a council’s own initiative.

Liaison with the local police, before and after the council resolution, is essential toensure that both groups are informed and action is coordinated. Additionally, acouncil may undertake any other consultation that it considers necessary.

A council must publish notice of a suspension or cancellation as required undersection 645 (1) and (3). In the case of cancellation of an alcohol-free zone the signsshould be removed immediately.

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A council is not limited in the reasons for which it may suspend or cancel an alcohol-free zone. A suspension would not usually be appropriate for any period longer thanone month, and generally would be of a much shorter duration eg. to accommodate aspecific community event. Alcohol-free zone signage should be removed for theduration of any suspension of the zone.

The four year operation of an alcohol-free zone is not extended by any suspensionoccurring within that period.


section 644B(4)

An alcohol-free zone is essentially a short-term control measure and in manyinstances a zone will achieve the desired objectives within its operational period.

There is no general provision for an alcohol-free zone to be extended. However, theroads, footpaths or public carparks comprising a zone may be included in anotheralcohol-free zone of the same or different configuration, immediately following thecessation of the existing zone or at any future time.

All the requirements for the valid establishment of a zone apply whether or not any ofthe roads, footpaths or carparks concerned have previously been zoned as alcohol-free.

Where a proposal for an alcohol-free zone includes roads, footpaths or publiccarparks that have previously been zoned as alcohol-free, a council is to have regardto that previous zoning.

The evaluation criteria that councils use when considering the re-establishment of analcohol free zone should include the following:


- how successful was the previous alcohol-free zone in achieving a reduction inunacceptable street drinking?


- what other measures may need to be considered (eg a community educationprogram) if unacceptable street drinking is still of concern in that area?


The re-establishment procedure provides a council with the opportunity to focusagain on any community problems associated with irresponsible alcohol consumptionand the range of strategies that may be implemented to address these problems.

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The maintenance of appropriate records is essential for established alcohol-freezones. As a minimum, records need to be kept in sufficient detail:





to provide a reference base where re-establishment of an alcohol-free zone issought.



Alcohol-free zones may be enforced by any officer of the NSW Police Force or anenforcement officer. An enforcement officer means an employee of a councilauthorised in writing by the Commissioner of Police to be an enforcement officer forthe purpose of section 642 of the Local Government Act.


The power to seize and tip out or otherwise dispose of alcohol without the need toissue a warning applies within an alcohol-free zone.

Where a council has authorised enforcement officers, the council will be required toadopt a procedure regarding the disposal of any alcohol that is seized.

A Police officer or authorised council enforcement officer may use their discretion toissue a warning to a person who is drinking in an alcohol free zone, for example,where the person may be unaware of the zone.

It should also be noted that in circumstances where a person does not co-operatewith a Police officer or authorised council enforcement officer, they can be chargedwith obstruction under section 660 of the Local Government Act which carries amaximum penalty of $2,200.

The Commissioner of Police has the power to authorise council officers to enforcealcohol-free zones. The Commissioner may delegate his or her authority to PoliceLocal Area Commanders. Where councils identify benefits to their communities fortheir officers to enforce alcohol free zones, the general manager will need to liaisewith the Local Area Commander to ensure that council officers are suitable for thisenforcement role.

Only authorised employees of a council and not contractors, who may be otherwiseengaged by a council to provide regulatory services, may be authorised for thispurpose.

Councils are responsible for ensuring that their authorised enforcement officers haveappropriate identification to support this enforcement role.

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Councils with authorised council enforcement officers need to establish a system torecord the number of occasions that these officers enforce the Alcohol-Free Zonelegislation in their area. This should include monitoring the number of authorisedcouncil enforcement officers and how often alcohol is tipped out or otherwisedisposed of. Councils may from time to time be required to report this data to theDepartment of Local Government to inform the evaluation of the usage of theAlcohol-Free Zone powers by councils.

It is important that the Police Local Area Commander and the officer-in-charge of thelocal police station (if different) are involved in the establishment procedure so thatthe zone operates and is enforced most effectively.


As well as the requirement to publish information in the local media about theestablishment of an alcohol-free zone, the community will be better educated aboutthe intent of the alcohol-free zone if a community education campaign is run in linewith the establishment of the zone.

Councils may wish to engage their local Community Drug Action Team or Drug andAlcohol Service within their Area Health Service so that responsible drinkingmessages can be promoted within the community to coincide with the establishmentof the alcohol-free zone.

Posters and other information about the consequences of irresponsible streetdrinking may be displayed in local licensed premises and bottle shops. Collaborationbetween council, the police and stakeholders including liquor licensees may beassisted through a local Liquor Accord. Further information on Liquor Accords isavailable on the Office of Liquor, Gaming and Racing website atwww.olgr.nsw.gov.au.

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CONTACTS

Department of Local GovernmentLevel 1, 5 O’Keefe Avenue(Locked Bag 3015)Nowra, 2541

Telephone: (02) 4428 4100



Telephone:General Enquiry Service & Employers Advisory Service (02) 9268 5544For rural and regional New South Wales only 1800 670 812


NSW Police Service1 Charles Street(Locked Bag 5102)Parramatta, 2150

Telephone: 1800 622 571


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Appendix 1

APPLICATION FOR ALCOHOL-FREE ZONE(Local Government Act 1993, section 644)


1 I ..................................................................................................................................(Full Name)

2 of ................................................................................................................................(Address) (Telephone No.)







....................................................................................................................................(work address)


4 Roads or parts of roads (‘roads’ includes ‘footpaths’) and/ or publiccarparks to be included in the alcohol-free zone:

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................


5 Reasons for requesting the alcohol-free zone:............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(Give details of obstruction, littering, personal injury, property damage, policeintervention, etc. that have occurred on those roads or in those carparks)

Signed...............................................

Date...................................................


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Page 17 of 17

Appendix 2

COUNCILS WHICH MUST CONSULT WITHTHE ANTI-DISCRIMINATION BOARD

Sixteen councils are required to consult with the NSW Anti-Discrimination Board intheir establishment of an alcohol-free zone to provide a measure of protectionagainst the possibility of a discriminatory impact upon certain groups in thecommunity. These councils are:

Blacktown

Bourke

Campbelltown

Dubbo

Kempsey

Lake Macquarie

Liverpool

Moree Plains

Newcastle

Penrith

Randwick

Shoalhaven

South Sydney

Tamworth

Walgett

Wollongong

ATTACHMENT 3

MAJOR EVENT LOCATION AREAS SEEKING

ALCOHOL FREE ZONE SUSPENSION

Lower Crown Street Mall Activation Area

Arts Precinct Major Events Area

Globe Lane Street Activation Area

Upper Crown Street Mall Activation Area

Bulli

Yallah

Helensburgh

Port Kembla

Dapto

Figtree

Berkeley

Woonona

Thirroul

Unanderra

Corrimal

WollongongMount Kembla

Balgownie

Austinmer

Windang

Stanwell Park

Wombarra

Clifton

While every effort has been made to ensure the highest possible quality of data, no liability will be accepted for any inaccuracy of the information shown. Copyright © Wollongong City Council, Mapping Services Section.This map may not be reproduced in any form whatever without the express written permission of Wollongong City Council.

Existing and ProposedIllawarra Escarpment

Walking Track

GIS ref.: gie00762-21_IEWT

Printed: 28/08/2014

Aerial Photography: 2011

1:200,000Scale´

1,000 0 1,000 2,000 3,000 4,000

Meters

Legend

NPWS Tracks November 2013

Closed track

Existing track

Proposed track

Private

SydneyCatchmentAuthority

National Park

Council Land

PROCUREMENT

COUNCIL POLICY



BACKGROUND This Procurement Policy defines Council’s procurement function including purchasing, purchase cards, tendering, contract management, payments and asset disposal relating to the acquisition and use of goods and services.

Procurement is a function that is high risk in terms of corruption and therefore it is subject to tight rules and processes. Successful procurement provides great opportunities to use the community’s money wisely and to deliver much needed goods and services in a financially, environmentally and socially sustainable way.

All officers must comply with this policy, and must be able to demonstrate through training or certification that they can address all the principles within the policy and procedures that support it.

OBJECTIVEThe main objectives of this policy are to –

1 Provide a procurement function that manages risk and provides for the safety of Council officers, business partners and the community.

2 Ensure that acquisition planning and supplier evaluation is clearly linked to Council’s strategic directions; and supported by efficient and effective contract management and evaluation.

3 Provide clarity of accountabilities and guidance for officers engaged in purchasing, use of purchase cards, tendering, contract management, payments and asset disposal relating to the acquisition and use of goods and services.

Council’s procurement processes are intended to ensure best value for money for the community and provide:

• A safe working environment for all officers, suppliers, contractors, volunteers and visitors;

• Ethical business dealings, meeting high standards of probity;

• Sustainable work practices and minimal environmental impact;

• Open and effective competition; and

• Management of formal contractual arrangements between Council and suppliers.

POLICY STATEMENT The procurement function will comply with all legislative and risk management requirements.

PROCUREMENT COUNCIL POLICY


STATEMENT OF PROCEDURES The following principles will be incorporated into our practices:

1 Best value for money for the community;

i The method of purchase must be cost effective and efficient;

ii Take into account all relevant costs and benefits over the whole of life from the sourcing of raw materials to disposal of the goods or services being procured; and

iii Accepting the lowest price is not necessarily the only indicator of best value for money.

2 A safe working environment for all officers, suppliers, contractors, volunteers and visitors where materials and equipment purchased are fit for purpose and comply with legislative and workplace requirements.

3 Council’s procurement procedures will provide ethical business dealings and pass scrutiny from internal and external stakeholders.

Procurement activities must:

i Demonstrate the relationship to Council’s priorities, objectives and values;

ii Model high-quality environmental standards and responsibility;

iii Display professionalism, integrity, probity and not behave in any manner that contravenes Council’s Code of Conduct, values and Code of Business Ethics;

iv Avoid any actual, or appearance of any possible, conflict of interest;

v Maintain confidentiality of information obtained that relates to procurement activities; and

vi Not provide any unfair advantage or bias to any supplier.

4 To reduce risk associated with procurement activities, Council staff will:

i Determine the level of risks associated with the acquisition when deciding on the method of purchase to be used;

ii Undertake and document a risk analysis for all procurement involving the process of calling of tenders or as determined by the delegated purchasing officer;

iii Comply with procedures relating to procurement;

iv Ensure segregation of duties in the requisitioning, approval and payment functions;

v Only approve the incurring of expenditure up to the delegated monetary level and within budgetary limits;

vi Ensure all suppliers are registered and contracted with Council through a registration process that confirms a pre-approved and/or established systems of OHS WHS systems, environmental factors and insurances are in place;

vii Use Council’s internal procurement services, Council stores, State Government Contracts, Local Government Procurement Contracts, Council’s period contracts, and Council’s catalogues whenever possible;

viii Provide suppliers with Council’s standard Purchase Order and/or contract prior to supply; and

ix Maintain a contract register and procedures for contract variation and contractor evaluation.

5 Council does not support the extension of contracts as a means of avoiding periodic competitive Tendering in accordance with Formal Quotation and Tendering Procedures.

6 All goods and services that are restricted and/or dangerous must only be acquired in accordance with the WHS Purchasing of Goods Procedure and the Contractor Management Procedure located in the Safety Intranet site under WHS Systems Procedures located on the HUB. The purchase of WHS restricted or dangerous goods and services must only be arranged with qualified suppliers who have achieved registration with Council.

7 Council supports sustainable work practices and minimal environmental impact as evaluation criteria in all procurement, and suppliers should demonstrate commitment to the environment.

8 Suppliers must be provided access to open and fair competition to compete for Council business. which will include formal contractual arrangement between Council and suppliers.

9 Suppliers will be eliminated from the procurement process if found to be lobbying Councillors or staff during the procurement process.



10 Council supports the strengthening of local economic capacity through the Procurement Management Procedures. The criteria to assist local firms obtain business with Council will be based upon the following strategies:

i Quotations - Council will give preference to a local supplier if the assessment of all selection criteria is equal; or

ii Tenders – A criterion weighted at 5% for strengthening of local economic capacity shall be included in all tenders (definitions will be included in the tender documents).

11 Council supports the integration of the principles of Social Value and Social Procurement into all areas of Council business through its Procurement Management Procedures. Definitions of Social Value and Social Procurement are detailed within the Social Value and Social Procurement Policy.

12 Staff engaged in procurement will be trained in Council’s policies, procedures and systems; and be certified as understanding them, prior to being provided authority and access to procurement systems.

1213 The procurement/lease of land and property is excluded from this Council policy.

1314 Standard contract conditions will not be altered or varied without the approval of the Governance and Information Division.

1415 Council’s purchasing procedures will align with the Independent Commission Against Corruption (ICAC) Procurement Policies and Department of Local Government guidelines.

1516 The framework for procedures under the Procurement Policy is shown below:



Procurement

Policy

Procurement

Procedures

Purchase Card

Procedures

Formal Quotation

and Tendering

Procedures

Contract

Administration

Management

Procedures

Disposal

Procedures



SUMMARY SHEET

Responsible Division Finance


Date of previous adoptions September 2010, June 2010, April 2007

Date of next review [List date, eg July 2015]

Prepared by Supply Chain and Logistics Manager

Authorised by Manager Finance

SOCIAL VALUE AND SOCIAL PROCUREMENT

MANAGEMENT POLICY

Adopted by EMC: 17 December 2013 P a g e | 1 Trim No: Z13/113585

ADOPTED BY EXECUTIVE MANAGEMENT COMMITTEE: 17 DECEMBER 2013

BACKGROUNDThis Policy defines Social Value and Social Procurement and the interaction of these principles within Council’s Procurement activities.

All officers must comply with this policy, and must be able to demonstrate through training or certification that they can address all the principles within the policy and procedures that support it.

OBJECTIVETo define Social Value and Social Procurement and to provide Council Officers with the operating structure through policy, procedure and process to engage in Social Procurement actions that manage risk and provides for the safety of Council officers, business partners and the community.

To provide clarity of accountabilities and guidance for officers engaged in Social Procurement activities when performing purchasing actions.

Council’s procurement processes are intended to ensure best value for money for the community and provide:

A safe working environment for all officers, suppliers, contractors, volunteers and visitors;

Ethical business dealings, meeting high standards of probity;

Sustainable work practices and minimal environmental impact;

Open and effective competition; and

Management of formal contractual arrangements between Council and suppliers.

POLICY STATEMENT

Social Value is defined as the added social impacts and benefits that are generated through a purchasing or procurement process over and above the direct purchase of goods or services. Due to the very nature of Social Value, the financial benefit of an achieved Social Value initiative cannot always be definitively stated.

Social Procurement refers to the generation of Social Value and social impacts through purchasing and procurement processes. It involves using the procurement processes and purchasing power of Council to generate positive social outcomes.

Procurement is a function that is high risk in terms of corruption and therefore it is subjected to tight rules and processes. Social Procurement can be deemed as providing greater risks in terms of corruption as specific suppliers identified via the social values they encompass can be identified or preferred in a procurement evaluation process. Therefore, the probity structures supporting any Social Procurement activities must be definitive, easily communicated and understood and face stringent ongoing review by Council and by Council’s auditing bodies.

Successful procurement provides great opportunities to use the community’s money wisely and to deliver much needed goods and services in a sustainable way. The addition of Social Procurement to the Procurement process enables Council to further develop the triple bottom line notion of Financial Stability, Environmental Sustainability and Social Responsibility.

There are similar legal issues to incorporating Social Procurement as there are to implementing Strengthening of Local Economic Capacity style actions within procurement activities. The key legal perspective for Council is defining with precision the qualities of potential suppliers, such that an assessment against relevant legislation, government instruction and case law can be made.

When an Officer of Council is developing a Quotation, they are to review this procurement activity to determine if there is a Social Procurement opportunity, either as a component of any assessment process or as an independent Social Procurement initiative. If the quotation is to be pursued as a defined Social Procurement initiative, respective

SOCIAL VALUE AND SOCIAL PROCUREMENT MANAGEMENT POLICY


Divisional Manager or Director approval is required, dependent upon current Delegated Authority Limits, prior to progression of the Quotation as a Social Procurement initiative.

When developing the Tender proposal, the Tender Panel will identify opportunities for inclusion of Social Procurement as a component of the Tender evaluation, or the progression of the Tender as an independent Social Procurement initiative. Where it has been determined that a Tender will include a Social Procurement component, the Tender Panel will determine if the component is to be a mandatory assessable component or an assessable criteria. If the Social Procurement component is to be an assessable criteria component, the Tender Panel will determine the weighted criteria percentage to be applied (a minimum of 5% is to be employed, greater weighting can be applied dependent upon the identified Social Procurement component).The determination to include a Social Procurement initiative in the Tender process, or progress a Tender solely as a Social Procurement action, is to be documented and conveyed to the Executive Officer responsible within the Tender Assessment Plan for review and action.

The inclusion of a Social Procurement component will not be possible for all acquisitions by Council; however this element contributes to Council meeting its responsibilities for access and equity under the Local Government Act.

When determining parameters for the inclusion of the Social Procurement criteria into the Tendering and Quotation evaluation process, Council will determine the best value consideration of the Social Value via reviewing areas such as:

Employment and Training

o Including the generation of employment for people who have been excluded from the workforce, for people who have experienced long-term unemployment and youth employment opportunities eg apprenticeships and/or traineeships

Diversity and Equality

o Ensuring that small businesses and social benefit suppliers have fair and equal access to procurement opportunities; that minority businesses have fair and equal access to purchasing and procurement opportunities eg Indigenous businesses

Social Inclusion

o Generating employment and training; and ensuring supplier diversity that can generate social inclusion benefits, ensuring that there are opportunities for the most disadvantaged members of society

Social and Service Innovation

o Supporting social innovation by ensuring that entities are able to test and develop and scale innovations in a market environment

SOCIAL VALUE AND SOCIAL PROCUREMENT MANAGEMENT POLICY


SUMMARY SHEET

Responsible Division Finance

Date adopted by Executive Management Committee 17 December 2013

Date of previous adoptions Not applicable

Date of next review December 2016

Prepared by Supply Chain and Logistics Manager

Authorised by Manager Finance

ENCROACHMENTS

COUNCIL POLICY



BACKGROUND

Encroachments can be regarded as illegal extensions of private property boundaries and/or structures onto publicland. Although at an individual level encroachments may appear minor in impact, cumulatively encroachments areresponsible for detaining and degrading hectares of the Council/community reserve system.

Some encroachments occur in a slow, progressive fashion and usually from the well-intentioned activities ofresidents. Seemingly harmless activities such as lawn mowing, fire-break maintenance and informal gardening canstimulate notions of ownership, pride and a process of successive appropriation passed with land title from oneproprietor to another. Further activities such as placement of structures, gradual removal of native vegetation andextension of fencing create the deceptive appearance of private property on Council land. Other encroachmentsoccur rapidly as illegal land modification events.

Unauthorised encroachments on Council land have the ability to:

Compromise the integrity of natural and cultural values;

Alienate land from public use/access;

Impede fire management;

Detract from aesthetic appearances;

Divert and encumber Council resources and assets;

Jeopardise public safety;

Cause social inequity; and/or

Incite issues of legal liability.

OBJECTIVEThe main objectives of this policy are to –

1 Provide Council with a strategic, consistent and comprehensive approach to managing and removingencroachments from Council managed land.

2 Provide a functional and transparent framework to direct Council’s response in the management ofencroachments on Council managed land.

3 Raise community appreciation and respect for Council managed land.

4 Ensure Council satisfies its legal obligations under the Local Government Act 1993.

5 Ensure currency and consistency with Council, other government policies, standards and legislativerequirements.

6 Increase level of regulatory and educational engagement initiatives undertaken by Council at the bushlandinterface.

7 Minimise and mitigate disturbance caused by human intrusion through promoting responsible communityinteraction with natural areas.

POLICY STATEMENTThis policy aims to provide a consistent framework for managing or removing unauthorised prohibit encroachmentson Council managed land. Council is strongly committed to ensuring that encroachments on Council-managed landare removed in a consistent manner.

ENCROACHMENTS COUNCIL POLICY


STATEMENT OF PROCEDURES

DEFINITIONSBushlandLand on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, isstill representative of the structure and floristics of the natural vegetation.

Community Land

Land that is classified as community land under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993.

Encroachment

a A privately owned building, steps, retaining wall, pool, fencing or physical barrier, sign, drain, road, path or anyother structure constructed in whole or in part on community or operational land.

b Vehicle access to private property in whole or in part over community or operational land.

c Trees and shrubs, garden beds or landscaping, in whole or in part over community or operational land whichcould create a public perception that the community or operational land is privately owned.

d) Fencing or other physical barrier, in whole or in part over community or operational land, which restricts publicmaintenance access to public land.

e Privately owned building materials and other items such as soil, mulch, compost, vehicles, plant andequipment temporarily or permanently stored in whole or in part on community or operational land.

f Stormwater pipe discharging in whole or in part over community or operational land.

Enforced Compliance(Orders)

Local Government Act

An official order issued by Council under section 124 of the Local Government Act 1993, requiring or prohibiting thedoing of things to or on premisesthe protection or repair of public places by specifically using either:.

Order No 27 to remove an object or matter from a public place or prevent any object or matter being depositedthere in the circumstance where the object or matter: (a) is causing or is likely to cause an obstruction orencroachment of or on the public place and the obstruction or encroachment is not authorised by or under anyAct, or (b) is causing or is likely to cause danger, annoyance or inconvenience to the public.

Order No 28 to take whatever steps are necessary to prevent damage to a public place and to repair damageto a public place where there is actual or likely damage.

Roads Act 1993 and Roads Regulation 2008

Section 239 of the Act provides for the issuing of written directions by Council requiring specific works beundertaken to address breaches of Sections 92 and 142 of the Act.

In certain circumstances (clause 11) of the Regulation provides for the direct issuing of a penalty notice.

Operational Land

Land classified as operational land within the meaning of the Local Government Act 1993.

Priority Rating MatrixA system which facilitates the strategic evaluation of encroachments on community land. The rating matrix partitionsencroachments into three classes based on ecological sensitivity criteria and linear impact.

Procedural Fairness/Natural Justice

Legal terms (often used interchangeably) to imply that a decision maker should not only act in good faith andwithout bias but also should grant a hearing to any person whose interests will be affected by the exercise of thatdecision before the decision is made.

Rehabilitation WorksActivities undertaken to redress the impact, ecological or otherwise, of encroachments on community land.



Alleged EncroachmentA possible yet unverified encroachment on community land.

Voluntary Compliance

Cooperation with and fulfilment of a Council request to remove structures and/or desist inappropriate behaviours inthe absence of regulatory engagementenforced compliance.

LAND TO WHICH THE POLICY APPLIESThis Policy applies only to land classified as ‘community land’ and ‘operational land’ under the Local GovernmentAct 1993. This encompasses land managed under a reserve trust or where Council has care, control andmanagement of land under the Crown Lands Act 1989.

This Policy does not apply to encroachments including, but not limited to awnings, sidewalk cafes and signagewhich are specifically dealt with under Council’s Local Environment Plan and Development Control Plans referred toin section 5 of this document.

LEGISLATIVE FRAMEWORKThe Local Government Act 1993 (LG Act) and the Roads Act 1993 and Roads Regulation 2008 are is the primarypieces of legislation relevant to encroachments on Council managed community lands. In relation to Councilmanaged land, the aim of the LG Act is to:

Assist councils in the categorisation of community land and the management of that land;

Promote the best management of environmentally sensitive land;

Curb the inappropriate alienation of community land for essentially private purposes; and

Reinforce the public’s right to participate in public land management.

The aim of the Roads Act and Regulation are to:

Regulate the carrying out of various activities on public roads;

Set out the rights of members of the public to pass along public roads; and

Set out the rights of persons who own land adjoining a public road to have access to the public road.

Council also manages land on behalf of State authorities. In instances where encroachments occur on land underthe care, control and management of Council or on land managed under a reserve trust, the provisions of the LGAct apply. Section 98 of the Crown Lands Act 1989 devolves Council with the ability to use provisions of the LG Actin relation to land where Council is the manager of a reserve trust.

RELEVANT POLICIES, GUIDELINES AND PLANS OF MANAGEMENT

WCC Plans of Management

WCC Draft Development Control Plan

WCC Tree Management Order

WCC Enforcement Policy

Penalty Notice Review Policy

WCC Local Environment Plan 1990

WCC City Centre Local Environmental Plan LEP 2007

WCC Draft Local Environment Plan 2009

WCC City Centre Development Control Plan DCP 2007

WCC Draft Development Control Plan

PROCESS AND MANAGEMENT

The assessment and removal of any encroachment under this policy will involve the Regulation and EnforcementDivision, as the enforcement provider, and either Property and Recreation Division as the manager of the land orDevelopment Assessment and Certification as the approval authority.



The Property and Recreation Division has the role of providing advice to the Regulation and Enforcement Divisionin relation to the desired outcome, for example, to take no action, to remove the obstruction or to repair the publicland. The Property and Recreation Division will determine the desired outcome based on public risk, the overallimpact of the encroachment and or whether any benefit to Council has arisen from the encroachment.

The Development Assessment and Certification Division’s role is to provide Regulation and Enforcement withadvice regarding unauthorised driveway and or layback structures with respect to if the encroachment would likelyhave been given approval should an application had been submitted. Such advice will have bearing on anyenforcement action.

This process will ensure The following principles establish Council’s decision-making process and collectivelyprovide Council with a strategic, consistent, cost-effective and non-reacting/complaints-based approach tomanaging encroachments on Council-managed land.

To ensure the most effective use of resources for Council in relation to pursuing enforcement and that minormatters are considered in a reasonable and consistent fashion prior to any enforced compliance, .

the following rating matrix has been devised to evaluate the impact of individual encroachments on Council-managed land. The rating matrix partitions encroachments into A and B classes based on specific criteria and linearextent (Table 1).

Table 1

Class Priority Definition Operational Response Objective

A High Erection of a structure which impactson land of significant ecological/socialvalue and/or impacts on public safety,amenity, public access or operationaloutcomes including:

Erection of a structure(including boundary fence)

Clearing or damage to nativevegetation

Refer to Regulation andEnforcementDivision/Property Divisionfor action

Complete removaland rehabilitation

B Low Minor encroachment including:

Placement of moveable objects– boat/car etc

Minor clearing of vegetation

Refer to Regulation andEnforcementDivision/Property Divisionfor action

Promotion ofvoluntary removal



APPROACH TO INVESTIGATIONCouncil’s approach will undertake the following main steps (where relevant):actions in accordance with the “draft”Enforcements Policy:

Receipt of complaint or advice concerning encroachment;

Identification and verification of the encroachments ;

Resident engagement concerning background to encroachment;

Referral to the appropriate Division for comment (Property and Recreation Division; Development AssessmentCertification Section);

Advice received pursued by Regulation and Enforcement Division;

Seek Voluntary Compliance;

Issue Local Government Act/Roads Act/Roads Regulation Notice;

Consider any representations to Council’s Notice;

Issue Local Government Act Order and/or take further enforcement action with regards to the RoadsAct/Regulation Notice; and

Take legal action/issue fine for failure to comply with Order/Notice.

Removal and rehabilitation

- Seek Voluntary Compliance

- Requiring ComplianceIt is important to note that procedural fairness is offered as part of this processthrough Council’s initial engagement with the offender, the offer of voluntary compliance and the consideration ofany representation made to Council’s Notice prior to the issue of any order.

The WCC Enforcement Policy is also integral and applies to this policy. The review of any Penalty Notice issued asa result of this policy will be consistent with council’s Penalty Notice Review Policy.

COMMUNICATION AND PREVENTIONCommunicating the negative impacts associated with encroachments provides an important mechanism to raiseappreciation and respect for community land, provide offenders with contextual knowledge prior to Councilengagement and to prevent the establishment of new encroachments. To ensure effective communication andprevention occurs, Council will:

Regularly provide education material at local community events and in the local media.

In the course of enquiries regarding specific properties, notify of known encroachments and inform respectiveowners or purchasers of Council’s Encroachment Policy.

DATA MANAGEMENT

A database will be established to record information including extent and nature of encroachments being resolvedthrough this policy.

POLICY REVIEW PROCESS

The Policy will be reviewed 12 months from date of adoption and thereafter every three years.

The Policy will be amended as and when required in response to legislative changes.

STANDARD OPERATING PROCEDUREA standard operating procedure has been created, however it will not form part of this document.



SUMMARY SHEET

Responsible Division Regulation and Enforcement


Date of previous adoptions 24 November 2009

Date of next review [To be inserted by Corporate Governance]

Prepared by [Position title only]Ranger Services Manager

Authorised by [Manager/Director's title only]Manager Regulation andEnforcement

Wollongong Section 94A

DRAFTDevelopment Contributions Plan

(2014)

Wollongong Section 94A

DRAFT DevelopmentContributions Plan

(2014)

Document ControlDocument ID: Wollongong City Council Section 94A Plan

Rev No Date Revision Details Typist Author Verifier Approver

1 March 2006 Draft for exhibition (2006 version) ZS ZS ZS ZS

2 June 2006 In force (2006 version) ZS ZS ZS ZS

3 December 2006 Ministers Direction under S94E added ZS ZS ZS ZS

4 May 2007 Draft for exhibition (2007 version) ZS ZS ZS ZS

5 June 2007 In force (2007 version) ZS ZS ZS ZS

6 May 2008 Draft for exhibition (2008 version) DG DG DG DG

7 24 July 2008 In force (2008 version) DG DG DG DG

8 28 July 2009 Draft for exhibition (2009 version) DG DG DG DG

9 27 October 2009 Endorsed by Council DG DG DG DG

10 4 November 2009 In force (2009 version) DG DG DG DG

11 27 July 2010 Draft for exhibition (2010 version) DH DH JB RC

12 6 Sept 2010 In force (2010 version) DH DH DG DG

13 3 June 2011 Draft for exhibition (2011 version) DH DH DG DG

14 26 July 2011 In force (2011 version) DH DH DG DG

15 2 August 2012 Draft for exhibition (2012 version) DH DH DG DG

16 8 December 2012 In force (2012 version) DH DH DG DG

17 8 April 2013 Draft for exhibition (2013 version) DH DH DG DG

18 16 September 2013 In force (2013 version) DH DH DG DG

19 July 2014 Draft for exhibition (2014 version) DG DG

Wollongong City Council Section 94ADevelopment Contributions Plan 2014

PAGE 1

Section Page

Part A - Summary Schedules 21. Schedule 1 - Summary of levy 22. Schedule 2 – Works schedule summary 3

Part B – Expected Development and Demand for Public Facilities 33. Expected Development and Demand for Public Facilities 3

Part C – Administration and Operation of the Plan 44. What is the name of this contributions plan? 45. Where does this plan apply? 46. What is the purpose of this contributions plan? 47. When does this development contributions plan commence? 48. Relationship with other development contribution plans 49. What does Section 94A of the Act provide? 710. Council may require payment of the levy as a condition of development consent 711. How will the levy be calculated 712. Development to which this plan applies 713. Are there any exemptions to the levy? 714. Complying Development Certificates and the obligations of accredited certifiers 915. Construction certificates and the obligations of accredited certifiers 916. How is the proposed cost of carrying out development determined? 917. Cost estimate reports must accompany an application for a development

application or a complying development certificate 1018. Who may provide a report for the purposes of clause 15 of this plan? 1019. How will the Council apply money obtained from the levy? 1120. What are the funding priorities from levies authorised by this plan? 1121. Pooling of levies 1122. The Goods and Services Tax (GST) 1123. When is the levy payable? 1124. Can deferred or periodic payments of levies be made? 1125. Are there alternatives to payment of the levy? 1226. How will the levy be adjusted? 1327. Savings and Transitional Arrangements 1428. Are refunds for payments of levies possible? 14

Part D – References 1429. What definitions apply? 1430. Schedule 3 - Detailed Cost Report 1531. Schedule 4 –Detailed Works Schedule 1632. Schedule 5 - Works Schedule – Maps 21

Table of Contents


PAGE 2

Part A - Summary Schedules1. Schedule 1 - Summary of levyThe rate of the levy is calculated as follows:

Proposed cost of the development(Determined in accordance with Clause 15)

Maximum percentage rate of the levy

Up to $100,000 Nil$100,001 - $200,000 0.5%More than $200,000 1%

Within the B3 Commercial Core zone in the Wollongong City Centre an additional 1% levy is applied to alldevelopment with a cost of more than $250,000 and that increases the gross floor area (i.e. total levy of 2%). Thiscontribution provides funding towards the Special City projects nominated in the Civic Improvements Plan for theWollongong City Centre, reproduced below. The timing of the implementation of the projects will be determinedthrough Councils Management Plan process as funding permits, and then detailed in Part D Schedule 4.

Item Cost EstimateCrown Street Upgrade $14,200,000City Beach Waterfront Improvements $11,000,000Civic Precinct Revitalisation $21,000,000MacCabe Park Landscape Improvements $12,000,000Bus Transport Initiatives $20,000,000Traffic Management Works $2,000,000City Centre Car Park $8,000,000Total $88,200,000

Note: Effective from 30 December 2009 in response to Council’s request, the NSW GovernmentMinister for Planning issued a direction removing the additional 1% levy under Section 94EE ofthe Environmental Planning and Assessment Act 1979 for development with a cost of more than$250,000 in the Commercial Core (B3 zone), within the Wollongong City Centre. This special levywas applied to fund improvements to regional infrastructure, namely the Wollongong RailwayStation and Wollongong Harbour. Council resolved at its meeting 2 March 2010 to refund allfunds collected under this levy, refunds were finalized by 30 June 2010. As such the total levypayable is as per the table above.


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2. Schedule 2 – Works schedule summary

3,946,706$ 11,744,706$

4,515,000$ 22,246,609$

1,160,000$ 2,243,000$

447,000$ 2,105,000$

4,234,000$ 7,829,000$

3,750,000$ 3,750,000$

584,000$ 1,004,000$

TOTAL 18,636,706$ 50,922,315$

Project Cost(2011-12 to 2016-17)

Parks, Gardens and sportsfields

Land Acquisitions

Administration

Section 94Acontribution

(2011-12 to 2016-17)

Roads and Bridges

Project

Footpaths and Cycleways

Car parks

Non-Commercial buildings

For further details refer to Part D Schedule 4 – Detailed Works Schedule page 16.

Part B – Expected Development and Demand for Public Facilities3. Expected Development and Demand for Public FacilitiesThis part broadly discusses the relationship between the expected types of development in the Council’s area andthe demand for additional public amenities and services to meet that development. That relationship isestablished through current demographic information.

The expected types of development include but are not limited to:

Alterations and additions to existing development;Dwellings of all forms;Commercial development located primarily in commercial precincts;Industrial development;Subdivisions; andMixed use development.

The relationship between expected development and the demand for public facilities is established through:

The population projections undertaken by Council, adopted from the Australian Bureau ofStatistics (ABS) information indicates that continued population growth in Wollongong is expected.A projected population of 234,000 is expected by 2026.Accelerating housing costs in metropolitan Sydney contribute to certain pressures in Wollongong,particularly new housing developments, which will largely impact the future needs of the region.The likely population growth will diminish the enjoyment and standard of public facilities for theexisting population unless additional facilities are provided to meet the additional demand.The likely growth will require the provision of additional public facilities to meet additionaldemands.

Wollongong City Council wants to ensure that it has a sustainable local government area, safeguarding theeconomic, social, cultural, and environmental wellbeing of present and future generations. The section 94A levywill assist Council to provide high quality and diverse public facilities to meet the expectations of the existing andnew residents of Wollongong City Council.

The additional public facilities to be provided to meet the expected future development are set out in Part DSchedule 4.


PAGE 4

The demand for facilities within the Wollongong City Centre is based on the growth and development projected forthe Wollongong City Centre in the Illawarra Regional Strategy and Wollongong City Centre Plan. In particular, thisincludes the total developable floor space allowed under the Wollongong LEP 2009 and Wollongong DCP 2009.

Part C – Administration and Operation of the Plan4. What is the name of this contributions plan?This Plan is called the “Wollongong City Council Section 94A Development Contributions Plan”.

5. Where does this plan apply?This plan applies to all land within the local government area of Wollongong City Council excluding Stages 1 & 2of the West Dapto Urban Release area as shown on Figure 1.

6. What is the purpose of this contributions plan?The purposes of this contributions plan are:

To authorise the imposition of a condition on certain development consents and complyingdevelopment certificates requiring the payment of a contribution pursuant to section 94A of theEP&A Act 1979.To assist the council to provide the appropriate public facilities which are required to maintain andenhance amenity and service delivery within the area.To publicly identify the purposes for which the levies are required.

7. When does this development contributions plan commence?This Development Contributions plan takes effect from the date on which public notice was published, pursuant toclause 31(4) of the Environmental Planning and Assessment Regulation 2000.

This Section 94A Contributions Plan was adopted by Council at its Meeting of [insert date] and came into force on[insert date].

8. Relationship with other development contribution plansThis plan repeals the following section 94 / 94A contributions plans applying in the Wollongong local governmentarea:

Wollongong Section 94A Contributions Plan (2013 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2012 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2011 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2010 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2009 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2008 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2007 version) – this plan repealed the following plan;Wollongong Section 94A Contributions Plan (2006 version) – this plan repealed the followingSection 94 plans:o CP No 1 Open Space Embellishment, Recreation Facilities, Community Facilities;o Amendment to CP No 1 Open Space;o CP No 2 Traffic Management & Road Works in City of Wollongong;o CP No 3 Car Parking in the City of Wollongong;o CP No 4 Studies & Administration;o CP No 6 Car Parking in Area between Fairy Creek & Georges Plan Nth Wollongong;o CP No 7 Open Space Dedication (Nth Side Kanahooka Road);o CP No 8 Roundabout at the intersection of Unara Road, Yalunga Street & Princes

Highway, Dapto;


PAGE 5

o CP No 9 Mount Brown Local Area Traffic Management Scheme;o CP No 10 Bank Street (Road Works & Intersection Upgrade);o CP No 11 Bank Street (Car Parking Facility between Bank & Stewart Sts);o CP No 12 Sandon Point Section 94 Land Acquisition; ando CP No 13 Library Resources.

Any other section 94 contributions plans that are not repealed continue to apply to all areas and development towhich they are stated to apply.


PAGE 6

Figure 1


PAGE 7

9. What does Section 94A of the Act provide?Section 94A of the Act provides as follows:

94A Fixed development consent levies

(1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay alevy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development.

(2) A consent authority cannot impose as a condition of the same development consent a condition under thissection as well as a condition under section 94.

(3) Money required to be paid by a condition imposed under this section is to be applied towards the provision,extension or augmentation of public amenities or public services (or towards recouping the cost of their provision,extension or augmentation). The application of the money is subject to any relevant provisions of thecontributions plan.

(4) A condition imposed under this section is not invalid by reason only that there is no connection between thedevelopment the subject of the development consent and the object of expenditure of any money required to bepaid by the condition.

10. Council may require payment of the levy as a condition of development consentThis plan authorises the Council to grant consent to development to which this plan applies subject to a conditionrequiring the applicant to pay to the Council a levy calculated as per clause 10.

11. How will the levy be calculatedThe levy will be determined on the basis of the rate as set out in Part A Schedule 1 Summary of levy. The levy willbe calculated as follows:

Levy payable = %C x $C

Where:

%C is the levy rate applicable$C is the proposed cost of carrying out development as determined in accordance with clause 15.

Where an exemption is granted for a preceding application under Clause 12(q) “An application for demolition(where there is no replacement building or development)”. On the same subject site (irrespective of sub-division orconsolidation occurring) the following application(s) for development, qualifying under clause 11, will beadditionally levied the relevant proportion of the levy that would have applied if the cost of development includedthe “demolition, excavation and site preparation, decontamination or remediation” in accordance with Clause 25Jof the Regulation that occurred under the preceding application.

12. Development to which this plan appliesThis Plan applies to all applications for development consent and complying development certificates required tobe made by or under Part 4 of the Act in respect of development on land to which this plan applies.

13. Are there any exemptions to the levy?The following Directions under Section 94E of the Environmental Planning and Assessment Act 1979 have beenmade by the Minister for Planning that require that a Section 94A levy cannot be imposed on development:

a. for the purpose of disabled access (10/11/06);b. for the sole purpose of affordable housing (10/11/06) – (including Granny Flat/Secondary dwelling

under 60m2);c. for the purpose of reducing the consumption of mains-supplied potable water, or reducing the

energy consumption of a building (10/11/06);


PAGE 8

d. for the sole purpose of adaptive re-use of an item of environmental heritage (note: the term “item”and “environmental heritage” have the same meaning as in the Heritage Act 1977) (10/11/06);

e. other than the subdivision of land, where a condition under section 94 of the Act has beenimposed under a previous development consent relating to the subdivision of the land on whichthe development is proposed to be carried out (10/11/06);

f. Seniors living development under SEPP Seniors Housing 2004 by a Social Housing provider(14/9/07);

g. Components of school development that is a Building Education Revolution (BER) project(9/9/09).

In addition, Council may allow for the following exemptions (partial or full):

h An application on behalf of the Council for community infrastructure, such as but not limited tolibraries, community facilities, child care facilities, recreational areas, recreational facilities or carparks.

i. An application on behalf of the NSW Government for public infrastructure, such as but not limitedto hospitals, police stations, fire stations; education facilities and public transport infrastructure.

j. An application for privately funded community infrastructure, such as but not limited to educationfacilities, universities, and private hospitals.

k. Any other development for which Council considers an exemption is warranted, where thedecision is made by formal ratification of the Council at a public Council meeting.

l. An application by the Council for community infrastructure, such as but not limited to libraries,community facilities, child care facilities, recreational areas, recreational facilities or car parks.

m. An application by the NSW Government for public infrastructure, such as but not limited tohospitals, police stations, fire stations; education facilities and public transport infrastructure.

n. An application for an industrial, retail or commercial development, where there is no increase infloor space within an existing building, such as but not limited to internal fit-out or alteration toexisting structure.

o. An application for the continued operation of a coal mine, where rail transport is used for thetransportation of coal.

p. An application for a place of public worship.q. An application for demolition (where there is no replacement building or development).r. An application for a residential care facility.s. An application for an industrial education facility.

Submission Requirements for an exemption claim to be consideredFor an exemption to be considered in accordance with points h to k above, any such application will need tosubmit a comprehensive submission arguing the case for exemption and including details of:

Under which point the exemption claimed is to be consideredThe mechanism ensuring that such development will remain in the form proposed in the future(i.e. Not to increase future demand on public amenities and services), NB: where a furtherdevelopment application or application for complying development under the EP&A Act is requiredfor any change to the development no mechanism is necessary, however if a change of use isavailable by way of exempt development then the requirement for a mechanism remains.Other items if applicable:o How the development will incorporate the maintenance of the item of heritage significanceo How the development will contribute to the public benefit of the communityo Works in the public domain included in the development


PAGE 9

o How the residents/users will utilise existing private facilities attached to the developmentthat replicate those types provided by council.

A comprehensive submission is not required for points a to g or l to q from the above list. Whilst assessment ofany application will include consideration of the provisions of this plan for any exemption that may be warranted,where a comprehensive submission isn’t required, the application should clearly state which point an exemptionis expected to ensure it is considered.

Exemptions (partial or full) listed under points h to q will only to be granted with approval of the Council Officer(s)whose position(s) holds the required Council delegations or in terms of point k by formal ratification of the Councilat a public Council meeting.

14. Complying Development Certificates and the obligations of accredited certifiersDevelopment applications for Complying Development are also subject to the provisions of this plan, and thepayment of a Section 94A contribution. The Complying Development Certificate is to include a condition thatrequires the payment of a Section 94A contribution (in accordance with the requirements of clauses 1 to 12above).

As the construction certificate is issued concurrently, payment is to be made to Council within 7 days of the dateof the Complying Development Certificate.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fullypaid and copies of such receipts must be included with copies of the certified plans provided to the council inaccordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such acertificate invalid.

15. Construction certificates and the obligations of accredited certifiersIn accordance with Section 94EC of the Environmental Planning and Assessment Act and clause 146 of theEP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work orsubdivision work under a development consent unless it has verified that each condition requiring the payment oflevies has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fullypaid and copies of such receipts must be included with copies of the certified plans provided to the council inaccordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such acertificate invalid.

The only exceptions to the requirement are where the Council has agreed to a works in kind, material publicbenefit, dedication of land, or deferred payment arrangement. In such cases, council will issue a letter confirmingthat an alternative payment method has been agreed with the applicant.

16. How is the proposed cost of carrying out development determined?Clause 25J of the Regulation sets out how the proposed cost of carrying out development is to be determined.That clause provides as follows:

“25J Section 94A levy—determination of proposed cost of development

(1) The proposed cost of carrying out development is to be determined by the consent authority, for the purposeof a section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by theapplicant in carrying out the development, including the following:

(a) if the development involves the erection of a building, or the carrying out of engineering orconstruction work—the costs of or incidental to erecting the building, or carrying out the work,including the costs (if any) of and incidental to demolition, excavation and site preparation,decontamination or remediation,

(b) if the development involves a change of use of land—the costs of or incidental to doing anythingnecessary to enable the use of the land to be changed,

(c) if the development involves the subdivision of land—the costs of or incidental to preparing, executingand registering the plan of subdivision and any related covenants, easements or other rights.


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(2) For the purpose of determining the proposed cost of carrying out development, a consent authority may haveregard to an estimate of the proposed cost of carrying out the development prepared by a person, or a personof a class, approved by the consent authority to provide such estimates

(3) The following costs and expenses are not to be included in any estimate or determination of the proposed costof carrying out development:

(a) the cost of the land on which the development is to be carried out,

(b) the costs of any repairs to any building or works on the land that are to be retained in connection withthe development,

(c) the costs associated with marketing or financing the development (including interest on any loans),

(d) the costs associated with legal work carried out or to be carried out in connection with thedevelopment,

(e) project management costs associated with the development,

(f) the cost of building insurance in respect of the development,

(g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with thedevelopment (except where the development involves an enlargement, expansion or intensification ofa current use of land),

(h) the costs of commercial stock inventory,

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development byor under any law.”

17. Cost estimate reports must accompany an application for a development application or acomplying development certificate

An application for a development application or a complying development certificate is to be accompanied by areport, prepared at the applicant’s cost in accordance with this clause, setting out an estimate of the proposedcost of carrying out the development for the purposes of clause 25J of the Regulation, per clause 15 above.

The following types of report are required:

where the estimate of the proposed cost of carrying out the development is less than $10,000,000- a suitable cost estimate as determined by Council;where the estimate of the proposed cost of carrying out the development is $10,000,000 or more -a detailed cost report in accordance with Part D Schedule 3.

Applicants will be required to declare upon signing of application for development/building work that the cost ofcarrying out development as evidenced by their submitted estimate has been calculated in accordance with theprovisions of this plan, in particular clause 15.

18. Who may provide a report for the purposes of clause 15 of this plan?For the purpose of clause 25J(2) of the Regulation and clause 15 of this plan, the following persons are approvedby the Council to provide an estimate of the proposed cost of carrying out development in the followingcircumstances:

where the proposed development cost is less than $10,000,000 - a person who, in the opinion ofthe Council, is suitably qualified to provide a cost estimate;where the proposed development cost is $10,000,000 or more – a quantity surveyor who is aregistered member of the Australian Institute of Quantity Surveyors.

Upon reviewing a cost estimate, the Council may require a further estimate to be provided by a registered quantitysurveyor at the applicant’s cost. The Council may, at the applicant’s cost, engage a person referred to in thisclause to review a report submitted by an applicant in accordance with clause 16.


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19. How will the Council apply money obtained from the levy?Money paid to the Council under a condition authorised by this plan is to be applied by the Council towardsmeeting the cost of the public facilities that will be or have been provided within the area as listed in Part DSchedule 4.

20. What are the funding priorities from levies authorised by this plan?Subject to s93E(2) of the Act and clauses 18 and 20 of this plan, the public facilities listed in Part D Schedule 4are to be provided in accordance with the staging set out in that Schedule.

21. Pooling of leviesFor the purposes of s93E(2) of the Act, this plan authorises money obtained from levies paid in respect of differentdevelopments to be pooled and applied by the Council progressively towards the public facilities listed in Part DSchedule 4 in accordance with the staging set out in that Schedule.

22. The Goods and Services Tax (GST)At the time this Plan was made, the position of the Australian Taxation Office (ATO) was that the payment ofdevelopment contributions made under the EP&A Act is exempt from the Goods and Services Tax (GST). Itemsin the works schedule of this Plan have been calculated without any GST component.

23. When is the levy payable?A levy to be paid by a condition authorised by this plan must be paid to the Council at the time specified in thecondition. If no time is specified, the levy must be paid in full prior to the first construction or subdivision certificateissued in respect of the development under Part 4A of the EP&A Act.Payment can be made by cash, credit card, EFTPOS or bank cheque (payable to Wollongong City Council) only.Payments can be made in person at Council’s Customer service centre located on the ground floor of WollongongCity Council Administration Building, 41 Burelli Street, Wollongong between 8.30am and 5pm Monday to Fridayexcept public holidays during business hours. Bank Cheques will be accepted by mail to Wollongong City Council- Locked Bag 8821, Wollongong DC NSW 2500.

24. Can deferred or periodic payments of levies be made?Deferred or periodic payments may be permitted in the following circumstances:

Deferred or periodic payment of the contribution will not prejudice the timing or the manner of theprovision of public facilities included in the works program;In other circumstances considered reasonable by Council.

For a deferred or periodic payment to be considered, the applicant must satisfy to Council that:

There are valid reasons for deferred or periodic payment;No prejudice will be caused to the community deriving benefit from the services being providedunder this plan;No prejudice will be caused to the efficiency and operation of this development contribution plan.

If council does decide to accept deferred or periodic payment, council may require the applicant to provide a bankguarantee for the full amount of the contribution or the outstanding balance on condition that:

a) The bank guarantee be issued by a bank for the amount of the total contribution, or the amount ofthe outstanding contribution, plus an amount equal to thirteen (13) months interest.

b) Any charges associated with establishing or operating the bank security are payable by theapplicant.

c) The bank guarantee must carry specific wording identifying the exact obligation to which it relates(i.e. section 94A development contributions for development of Lot x DP xxx under DevelopmentConsent No. xxx)


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d) The bank unconditionally pays the guaranteed sum to the Council if the Council so demands inwriting not earlier than 12 months from the provision of the guarantee or completion of the work.

e) The bank must pay the guaranteed sum without reference to the applicant or landowner or otherperson who provided the guarantee, and without regard to any dispute, controversy, issue orother matter relating to the development consent or the carrying out of development.

f) The bank's obligations are discharged when payment to the council is made in accordance withthis guarantee or when council notifies the bank in writing that the guarantee is no longerrequired.

g) Where a bank guarantee has been deposited with council, the guarantee shall not be cancelleduntil such time as the original contribution and accrued interest are paid.

Deferred or periodic payments may be permitted, in accordance with the above requirements, only with approvalof the Council Officer(s) whose position(s) holds the required Council delegations .

25. Are there alternatives to payment of the levy?The council may accept an offer by the applicant to provide an “in-kind” contribution (i.e. the applicant completespart or all of work/s identified in the plan) or through provision of another material public benefit in lieu of theapplicant satisfying its obligations under this plan. The decision to accept such offers is at the sole discretion ofthe Council.

Council may accept such alternatives in the following circumstances:

a) Offer made to the Council as part of a development applicationThe applicant may include in the relevant development application or in an application for amodification under section 96 of the Act, an offer to carry out works or provide a material publicbenefit towards which the levy is to be applied. The Council will consider the offer as part of itsassessment of the development application or as an application for a modification to adevelopment approval under section 96 of the Act where a levy has been imposed pursuant tothis plan. If the Council agrees to the arrangement and grants consent to the application, it willsubstitute a condition of consent under section 80A or section 96 of the Act (whichever isrelevant) requiring the works to be carried out or the material public benefit to be provided for acondition requiring payment of a levy under section 94A.

In assessing the applicant’s offer, the Council will have regard to any relevant requirements of thecurrent Practice Note issued by the NSW Government (DIPNR 2005) and such other matters asthe Council considers relevant in the circumstances of the case including, but not limited to:

(1) the value of the works to be undertaken is at least equal to the value of the contributionthat would otherwise be required under this plan, Council does not issue credits toapplicants for works in kind which are provided in excess of the approved condition outsideof a standard procedure involving approval by Council, such as staged development; and

(2) the standard of the works is to council’s full satisfaction and the works are handed over tothe Council without restriction of limitation; and

(3) the provision of the material public benefit will not prejudice the timing or the manner of theprovision of public facilities included in the works program.

b) Valuation of Offer made to the Council as part of a development application (“value ofwork”)The value of an offer to provide Works In Kind, or a material public benefit towards which the levyis to be applied, in lieu (in full or in part) of satisfying a condition of consent relating to payment ofa Section 94/94A contribution will be valued utilising the following mechanism:(1) Any Credit will be calculated based on the actual cost of works or the agreed cost

estimate, whichever is the lesser. The agreed cost estimate will be determined by a reviewof the costs submitted by the applicant via Council’s Infrastructure Team or a RegisteredQuantity Surveyor at Councils discretion);


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(2) The agreed cost estimate can be amended by submission of a variation request by theapplicant which will be reviewed and certified by a registered Quantity Surveyor;

(3) The actual cost of works is required to be evidenced and verified by a registered QuantitySurveyor;

(4) The Quantity Surveyor to act on the project will be chosen by Council from a list of 3recommended by the applicant all of whom are to be members of Panels for TheNSW Department of Commerce or Local Government Procurement; and

(5) Quantity Surveyor service costs are to be borne by the applicant.

c) Legal agreements pertaining to works in kindAll offers, should they be accepted, to provide Works In Kind, or a material public benefit towardswhich the levy is to be applied, in lieu (in full or in part) of satisfying a condition of consent relatingto payment of a Section 94/94A contribution will be subject to a legal agreement between Counciland the applicant. All agreements will include, but not limited to, the following:

The works to be undertaken;The timing of the works;The quality of the works;The costs of the works;the applicant’s rights and responsibilities; andCouncil’s rights and responsibilities.

d) Offer to enter into a voluntary planning agreementAn applicant may offer to enter into a voluntary planning agreement with the Council under s93Fof the EP&A Act in connection with the making of a development application. This offer mayinclude a monetary contribution, dedication of land, the carrying out of works, or another materialpublic benefit for public purposes. Those purposes need not wholly relate to the impacts of theapplicant’s development not to the items listed in Part D Schedule 4.

The applicant’s provision under a planning agreement may be additional to or instead of paying alevy in accordance with a condition of development consent authorised by this plan. This will be amatter for negotiation with the Council. The offer to enter into the planning agreement togetherwith a copy of the draft agreement should accompany the relevant development application.

The Council will publicly notify the draft planning agreement and an explanatory note relating tothe draft agreement along with the development application and will consider the agreement aspart of its assessment of that application.

If the Council agrees to enter into the planning agreement, it may impose a condition ofdevelopment consent under s93I (3) of the EP&A Act requiring the agreement to be entered intoand performed. If the Council does not agree to enter into the planning agreement, it may grantconsent subject to a condition authorised by this plan requiring the payment of a levy.

Applicants should refer to the Council’s Policy on Planning Agreements, which has been preparedhaving regard to the Practice Note on Planning Agreements (DIPNR 2005).

26. How will the levy be adjusted?As the date of the consent may vary to the actual time of payment of the contribution, Clause 25(4) of the EP&ARegulation allows council to adjust the contribution to reflect current between the date of the consent and the timeof payment. Contributions required as a condition of consent under the provisions of this plan will be indexedquarterly in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by theAustralian Bureau of Statistics.


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The following formula for indexing contributions is to be used:

Contribution at time of payment = $C x (CP2/CP1)

Where:

$C is the original contribution as set out in the consentCP1 is the Consumer Price Index (all groups index for Sydney) used in the proceeding indexation

calculationCP2 is the Consumer Price Index (all groups index for Sydney) at the time of indexation

27. Savings and Transitional Arrangements

A development application which has been submitted prior to the adoption of this plan but not determined shall bedetermined in accordance with the provisions of this plan.

28. Are refunds for payments of levies possible?

For a refund of levy payments to be considered, the applicant/landowner must:

Submit a written request to CouncilAs a part of the request, demonstrate that the development that is the subject of the consenthas not been commencedSubmit the request for a refund by the first working day after 31 January within the yearfollowing payment of the levy e.g. payment is made in April 2011 then refund request can bemade until first working day after 31 January 2012; payment is made in January 2011 then refund request can be made until first working day after 31 January 2012.Formally surrender the consent that applied the levy

In other circumstances considered reasonable by Council at its sole and unfettered discretion, where aformal request is made, part or full refunds may be provided.

Part D – References29. What definitions apply?In this plan, unless the context or subject matter otherwise indicates or requires, the following definitions apply:

ABS means the Australian Bureau of StatisticsEP&A Act means the Environmental Planning and Assessment Act 1979Council means The Wollongong City CouncilDevelopment contributions means a development contribution required to be paid by acondition of development consent imposed pursuant to section 94 of the ActLevy means a levy under section 94A of the Act authorised by this planPublic facility & Public Infrastructure means a public amenity or public serviceRegulation means the Environmental Planning and Assessment Regulation 2000


PAGE 15

30. Schedule 3 - Detailed Cost Report(Clause 16)

Registered* Quantity Surveyor’s Detailed Cost Report[Development Cost in excess of $10,000,000]

*A member of the Australian Institute of Quantity Surveyors

DEVELOPMENT APPLICATION No. REFERENCE:

CONSTRUCTION CERTIFICATE No. DATE:

APPLICANT’S NAME:___________________________________________________________________

APPLICANT’S ADDRESS: ________________________________________________________________

DEVELOPMENT NAME: __________________________________________________________________

DEVELOPMENT ADDRESS:_______________________________________________________________

DEVELOPMENT DETAILS:

Gross Floor Area – Commercial m2 Gross Floor Area – Other m2

Gross Floor Area – Residential m2 Total Gross Floor Area m2

Gross Floor Area – Retail m2 Total Site Area m2

Gross Floor Area – Car Parking m2 Total Car Parking SpacesTotal Development Cost $Total Construction Cost $Total GST $

ESTIMATE DETAILS:

Professional Fees $ Excavation $% of Development Cost % Cost per square metre of site area $ /m2

% of Construction Cost % Car Park $Demolition and Site Preparation $ Cost per square metre of site area $ /m2

Cost per square metre of site area $ /m2 Cost per space $ /spaceConstruction – Commercial $ Fit-out – Commercial $

Cost per square metre of site area $ /m2 Cost per m2 of commercial area $ /m2

Construction – Residential $ Fit-out – Residential $Cost per square metre of residential area $ /m2 Cost per m2 of residential area $ /m2

Construction – Retail $ Fit-out – Retail $Cost per square metre of retail area $ /m2 Cost per m2 of retail area $ /m2

I certify that I have:Inspected the plans the subject of the application for development consent or construction certificatePrepared and attached an elemental estimate generally prepared in accordance with the Australian CostManagement Manuals from the Australian Institute of Quantity SurveyorsCalculated the development costs in accordance with the definition of development costs in the section 94ADevelopment Contributions Plan of the council of the City of Wollongong at current pricesIncluded GST in the calculation of development costMeasured gross floor areas in accordance with the Method of Measurement of Building Area in the AIQSCost Management Manual Volume 1, Appendix A2

Signed: ____________________________________Name: ____________________________________ Position and Qualifications: ____________________________________Date: ____________________________________


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31. Schedule 4 –Detailed Works ScheduleThe works listed in this schedule may be funded from a mix of sources, including contributions collected from this plan. (Clause 18)

Project

MapNo. Ref No.

Expenditure2011-12

Expenditure2012-13

Expenditure2013-14

Budget2014-15

Forecast2015-16

Forecast2016-17

Forecast Section94A contribution

2014-15 to 2016-17 2013-14 2014-15 2015-16 2016-17

City Centre Public Transport 329,000$ 50,000$ 129,000$ 150,000$ 72,000$ 100,000$ 172,000$ -$ 150,000$ 78,000$ -$ 501,000$City Wide Public Transport 125,000$ 50,000$ 75,000$ 75,000$ 100,000$ 100,000$ 275,000$ 75,000$ 75,000$ 50,000$ -$ 400,000$Traffic Facility Improvements (50% RTA) -$ -$ 650,000$ 490,000$ 1,140,000$ -$ 820,000$ 450,000$ 710,000$ 1,850,000$Roads & Bridges - New & Upgrade (bulk vote) -$ 280,000$ -$ 50,000$ 330,000$ -$ -$ -$ 3,620,000$ 3,950,000$

16 3Church St, Wollongong - Roundabout, cnr Ellen St

-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

13 4Cliff Rd, North Wollongong - new pedestrian safetyfacilities -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

CParkes St/Princes Hwy, Helensburgh - Newroundabout 85,000$ 85,000$ -$ -$ -$ -$ -$ -$ -$ -$ 85,000$

13 48Denison Street/Throsby Drive, Gwynneville -bypass -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

14 77Cordeaux Rd, Cordeaux Heights - PedestrianRefuge -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

14 83 Cordeaux Rd, Cordeaux Heights - Bridges 250,000$ -$ 250,000$ 515,000$ -$ -$ 515,000$ 1,470,000$ -$ -$ -$ 765,000$16 76 Gladstone Ave, Coniston -Pedestrian Crossing -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

CCompton Street, Dapto- Traffic Calmingaugmentation 313,000$ 313,000$

22 38Burelli Street/Kenny Street, Wollongong - TrafficLights 6,000$ 6,000$ -$ -$ -$ -$ -$ -$ -$ -$ 6,000$

13,16 37Burelli Street/Corrimal Street, Wollongong - TrafficLights -$ 120,000$ -$ -$ 120,000$ -$ -$ -$ -$ 120,000$

13,16 36Burelli Street/Auburn Street, Wollongong - TrafficLights 39,000$ 39,000$ 250,000$ -$ -$ 250,000$ -$ -$ -$ -$ 289,000$

CCarters lane, Fairy Meadow shoulder construct -Pioneer to Elliots 159,000$ -$ 159,000$ -$ -$ -$ -$ -$ -$ -$ -$ 159,000$

CSquires Way, North Wollongong - kerb and gutter -Elliots Rd to iC entry 51,000$ -$ 51,000$ -$ -$ -$ -$ -$ -$ -$ -$ 51,000$

10 74Cabbage Tree Lane, Fairy Meadow - kerb, gutterand drainage -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

1 39Parkes St/Vera St, Helensburgh - kerb, gutter anddrainage 275,000$ -$ 25,000$ 250,000$ -$ -$ -$ -$ -$ -$ -$ -$ 275,000$

C Jarvie Rd, Cringlia - new kerb & gutter 50,000$ 50,000$

2 84Walker St, Helensburgh - Widen culvert, providepedestrian access 70,000$ -$ 70,000$ -$ -$ -$ -$ 300,000$ -$ -$ -$ 70,000$

13 79Keira St, Wollongong - Road & Footpathaugmentation -$ -$ 400,000$ -$ -$ 400,000$ -$ -$ -$ -$ 400,000$

C Burke Street, Berkeley - New Traffic Island 5,000$ -$ 5,000$ -$ -$ -$ -$ -$ -$ -$ -$ 5,000$C Ball Street, Woonona - New Traffic Island 1,000$ -$ 1,000$ -$ -$ -$ -$ -$ -$ -$ -$ 1,000$

7 85 Sturdee Ave, Bulli - Augmentation design options 16,000$ -$ 9,000$ 7,000$ -$ -$ -$ -$ -$ -$ -$ -$ 16,000$Sub total 1,774,000$ 50,000$ 872,000$ 852,000$ 1,640,000$ 822,000$ 740,000$ 3,202,000$ 1,845,000$ 1,045,000$ 578,000$ 4,330,000$ 8,943,000$

Total Project Cost(2011-12 to 2016-17)

Roads and Bridges

Map RefActual Section 94A

contribution(2011-12 to 2013-14)

Timing of other fundingTiming of Section 94A expenditure


PAGE 17

CGloucester Bvde, Port Kembla - Primary School toDarcy Rd -Shared pathway 99,000$ 94,000$ 5,000$ -$ -$ -$ -$ -$ -$ -$ -$ 99,000$

22 38Foreshore Rd, Port Kembla - Old Port Rd toHarbour - New on road Shared pathway 4,000$ 4,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4,000$

CSouthern cycleway - Port Kembla pool to ParkesSt & along Foreshore Rd 42,000$ 42,000$

21 24Five Islands Rd, Port Kembla - shared pathbetween Flinders St & Wattle St 2,000$ 2,000$

CPrinces Hwy, Dapto, Unara St to Northcliffe - NewShared pathway 442,000$ 135,000$ 3,000$ 304,000$ -$ -$ -$ -$ 100,000$ -$ -$ -$ 442,000$

21 18Shellharbour Rd, Port Kembla - Parkes St to KingStreet new on-road and off-road cycleway -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

C Amaroo Ave, Figtree - New footpath 9,000$ 2,000$ 7,000$ -$ -$ -$ -$ -$ -$ -$ -$ 9,000$12 25 Grey St, Keiraville new footpath 19,000$ 19,000$

13 13Tramway Sea Wall and Path, North Wollongong -Augmentation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

13 14City Centre Crown St, Wollongong - Augmentation

20,000$ 20,000$ 150,000$ -$ -$ 150,000$ -$ 6,305,000$ -$ -$ 170,000$C O'Briens Rd, Figtree - New shared pathway 55,000$ 55,000$ -$ -$ -$ -$ -$ -$ -$ -$ 55,000$

17 15 Cordeaux Rd, Figtree - new on road cycleway 85,000$ 85,000$ 200,000$8 16 Channon St, Russell Vale - new footpath 47,000$ 47,000$

CParkes St, Helensburgh - New shared pathwayconnection 75,000$ 75,000$

CBrian St, Balgownie - new footpath and pedestraincrossing 82,000$ 82,000$

CUnanderra Town Centre - Tallegalla Street - newcycleway 25,000$ 25,000$

CBeach St to Hutton Ave, Bulli - New sharedpathway 25,000$ 25,000$ -$ -$ -$ -$ -$ -$ -$ -$ 25,000$

C Brokers Rd, Balgonie - new footpath 43,000$ 43,000$10 71 Foothills Rd, Balgownie - New footpath -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

5 60Lawerance Hargrave Dr, Bartons Gully, Wombarra- New footpath -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

C Gibson Rd, Figtree - widen footpath 85,000$ 85,000$

CAbercrombie St, West Wollongong - Newfootpaths 274,000$ 274,000$

CMcMillan St, Helensburgh - New north sidefootpath 36,000$ 36,000$ -$ -$ -$ -$ -$ -$ -$ -$ 36,000$

CPrinces Hwy, West Wollongong - New sharedpathway, London Dr to Abercrombie St 113,000$ 35,000$ 78,000$

CPrinces Hwy, Bulli - New shared pathway, BlackDiamond Pl to Point St 12,000$ 12,000$

C Murphys Avenue, Keiraville - New footpath 60,000$ 60,000$ -$ -$ -$ -$ -$ -$ -$ -$ 60,000$C Mt Keira Rd, Mt Keira - New footpath 100,000$ 100,000$ -$ -$ -$ -$ 46,000$ -$ -$ -$ 100,000$C Derribong Dr, Cordeaux Heights - New footpath 149,000$ 149,000$ -$ -$ -$ -$ 34,000$ -$ -$ -$ 149,000$C Loftus St, Wollongong - New footpath 103,000$ 103,000$ -$ -$ -$ -$ 39,000$ -$ -$ -$ 103,000$

13 5Smith St, Wollongong - shared path Harbour toKeira St 10,000$ 10,000$

16 6Gladstone Ave, Wollongong - cycleway Swan St underpass to Crown Street 8,000$ 8,000$

CPioneer Rd, Towradgi - New footpath & bridgingover culvert 82,000$ 82,000$ -$ -$ -$ -$ 172,000$ -$ -$ -$ 82,000$

11 49 Squires Way, North Wollongong - Widen cycleway25,000$ 25,000$ -$ -$ -$ -$ 520,000$ -$ -$ -$ 25,000$

Footpaths and Cycleways


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18 7Lakelands Dve, Dapto; Fowlers Rd to ParksideDve -$ 90,000$

18 8 Cirrus St, Dapto; full length west side -$ 82,000$

12 9Dumfries Ave, Mt Ousley; McMahon St to FoothillsRd -$ 95,000$

7 10 Point Street, Bulli new footpath -$ 100,000$6 11 Railway Lane,Thirroul new footpath -$ 33,000$

4 12Grand Pacific Walk, North Wollongong to Otford -Stage 1 Stoney Ck Bridge, Coalcliff 467,000$ 187,000$ 280,000$ 250,000$ 150,000$ 400,000$ 150,000$ 638,000$ 750,000$ 850,000$ 1,717,000$Village & Town Centre - Upgrades (bulk vote) -$ -$ 200,000$ 200,000$ -$ -$ -$ 500,000$ 700,000$

17 72 Unanaderra CBD upgrade -$ 10,000$21 70 Warrawong CBD upgrade -$ 90,000$

Shared (Cycleways) Pathways - New & Upgrade(bulk vote) - see Bicycle Plan -$ 100,000$ 200,000$ 300,000$ 600,000$ 750,000$ 200,000$ 200,000$ 1,100,000$ 1,700,000$

City wide Footpaths - New & Upgrade (bulk vote) -$ 150,000$ 300,000$ 450,000$ -$ -$ 3,721,067$ 1,656,542$ 2,106,542$Sub total 2,598,000$ 233,000$ 1,074,000$ 1,291,000$ 950,000$ 600,000$ 950,000$ 1,800,000$ 1,811,000$ 7,143,000$ 4,671,067$ 4,106,542$ 7,582,542$

C Station Street - Thomas Gibson Park 110,000$ 110,000$

CBank/Stewart Street, Wollongong - 4hr Car park -Additional spaces 78,000$ 78,000$ -$ -$ -$ -$ -$ -$ -$ -$ 78,000$

CCampbell Street, Woonona - Ocean Park car park

144,000$ 4,000$ 140,000$ -$ -$ -$ -$ 40,000$ -$ -$ -$ 144,000$

19 54Lakeside leisure Centre, Kanahooka - Upgradeand expansion 7,000$ 7,000$ -$ -$ -$ -$ -$ -$ -$ -$ 7,000$

C Market Street - Multi Storey Car park - Upgrade 20,000$ 20,000$

CWindang Foreshore Park P2 car park -augmentation 5,000$ 5,000$

C George Street, Wollongong - Car park extension 140,000$ 140,000$ -$ -$ -$ -$ -$ -$ -$ -$ 140,000$C Stanwell Park shops Car Park - Upgrade 243,000$ 150,000$ 93,000$ -$ -$ -$ -$ 33,000$ -$ -$ -$ 243,000$C The Circle Car Park, Woonona - Upgrade 17,000$ 17,000$ -$ -$ -$ -$ 110,000$ -$ -$ -$ 17,000$

City wide car parks - New (bulk vote) -$ 500,000$ 200,000$ 700,000$ -$ 450,000$ 200,000$ 250,000$ 950,000$Sub total 764,000$ 4,000$ 449,000$ 311,000$ -$ 500,000$ 200,000$ 700,000$ 183,000$ 450,000$ 200,000$ 250,000$ 1,579,000$

Lifeguards facilities Designs -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

3 17Bald Hill Amenities, Stanwell Tops - augmentation- Masterplan 33,000$ 33,000$

CNorth Beach Bathers Pavilion, North Wollongong -augmentation (Inc. Retaining Wall) 4,433,000$ 4,301,000$ 100,000$ 32,000$ -$ -$ -$ -$ -$ -$ -$ -$ 4,433,000$

C Wollongong Town Hall augmentation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

13 26Civic Plaza, Wollongong - Water Saving facilitiesimplementation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

C Dapto Pool - Disabled Access Improvements 40,000$ 40,000$C Sandon Point Surf Club Expansion 125,000$ 125,000$

21 20Warrawong Multipurpose Community Centre &Library design 13,000$ -$ 13,000$ -$ -$ -$ -$ -$ -$ -$ -$ 13,000$

C Windang Beach Lifeguard Tower - Design 52,000$ -$ 52,000$ -$ -$ -$ -$ -$ -$ -$ -$ 52,000$Coledale Lifeguard Tower 25,000$ 25,000$Non-Commercial buildings - bulk vote -$ -$ -$ 75,000$ -$ 75,000$ 283,000$ -$ 1,375,000$ -$ 75,000$Sub total 4,721,000$ 4,301,000$ 298,000$ 122,000$ -$ 75,000$ -$ 283,000$ -$ 1,375,000$ -$ 4,573,000$

Car parks

Non-Commercial buildings


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3 40 Stanwell Park - New Playground -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

CBailey Park, Compton Street, Dapto - NewPlayground 10,000$ 10,000$

C Penrose Park - New Playground 10,000$ 10,000$

CBramsen St Reserve, Bellambi - New Playground

5,000$ 5,000$C Corrimal Memorial Park - New Playground 73,000$ 50,000$ 23,000$

CWaples Rd, Farmborough Heights - NewPlayground 10,000$ 10,000$

CBruce Park, Oxlade St, Warrawong - NewPlayground 10,000$ 10,000$

CKeira Village Park, Keira Mine Rd - NewPlayground 20,000$ 20,000$

C Holborn Park, Berkeley - New Playground 25,000$ 25,000$ -$ -$ -$ -$ 150,000$ -$ -$ -$ 25,000$

9 21Happy Valley Reserve, East Corrimal - playground

-$ 25,000$New Playground installations -$ 25,000$ -$ 25,000$ 300,000$ 625,000$ 125,000$ -$ 25,000$Sports field Irrigation Infrastructure - New (bulkvote) -$ -$ -$ -$ -$ 190,000$ -$ -$ -$

11 28Thomas Dalton Park, Fairy Meadow - Sports fieldIrrigation 297,000$ 140,000$ 57,000$ 100,000$ 50,000$ -$ -$ 50,000$ -$ -$ -$ -$ 347,000$

CThomas Dalton Park, Fairy Meadow - fenceCarters Lane 15,000$ 15,000$

CRex Jackson Oval (soccer), Helensburgh - Sportsfield Irrigation 40,000$ 40,000$ -$ -$ -$ -$ -$ -$ -$ -$ 40,000$

CFred Finch Park, Berkeley - Landscape andDesign & Infrastructure 200,000$ 200,000$ -$ -$ -$ -$ -$ -$ -$ -$ 200,000$

20 32 Southern Suburbs Skate Park, Berkeley - provision 39,000$ 19,000$ 20,000$ 730,000$ -$ -$ 730,000$ -$ -$ -$ -$ 769,000$Lake Illawarra Foreshore Improvements 100,000$ 100,000$ 170,000$ 180,000$ 350,000$ -$ 210,000$ 200,000$ 200,000$ 650,000$

13 26 Civic Plaza, Wollongong - Lighting augmentation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

CMacCabe Park, Wollongong - DesignDevelopment - City Centre 12,000$ 12,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12,000$

16 33MacCabe Park, Wollongong - LandscapeImprovements - City Centre -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

22 97 MM Beach, Port Kembla - Access Steps 65,000$ -$ 65,000$ -$ -$ -$ -$ 25,000$ -$ -$ -$ 65,000$C Puckeys Estate, Beach access 15,000$ 15,000$C Charles Harper Park, Helensburgh - Public toilet 40,000$ 40,000$

15 22 Figtree Oval -$ 20,000$

22 98King George V, Port Kembla, (main oval) -irrigation -$ 30,000$New Bridges, Boardwalks & Jetties - New -$ 250,000$ 300,000$ 550,000$ -$ -$ 250,000$ 300,000$ 850,000$Bridges, Boardwalks & Jetties - Upgrade -$ -$ -$ 250,000$ -$ 250,000$ -$ -$ 550,000$ -$ 250,000$Beach facilities - New (bulk vote) 10,000$ 10,000$ -$ -$ -$ -$ 125,000$ -$ -$ -$ 10,000$Skate Parks - New (bulk vote) -$ -$ 550,000$ 50,000$ 600,000$ 100,000$ -$ 200,000$ -$ 600,000$Sporting facilities - New (bulk vote) 26,000$ 6,000$ 20,000$ -$ -$ -$ -$ 25,000$ -$ -$ -$ 26,000$Recreation facilities - New (bulk vote) 20,000$ 20,000$ -$ -$ -$ -$ 20,000$ -$ -$ -$ 20,000$Sub total 1,042,000$ 371,000$ 423,000$ 248,000$ 855,000$ 1,245,000$ 530,000$ 2,555,000$ 745,000$ 1,025,000$ 1,325,000$ 500,000$ 3,889,000$

Parks, Gardens and sports fields


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Land Acquisitions - See Wollongong LEP 2009 -Land Reservation Acquisition Maps -$ -$ 750,000$ 750,000$ 750,000$ 2,250,000$ -$ -$ -$ -$ 2,250,000$Sub total -$ -$ -$ -$ 750,000$ 750,000$ 750,000$ 2,250,000$ -$ -$ -$ -$ 2,250,000$

S94 Administration & Studies 288,000$ 96,000$ 96,000$ 96,000$ 96,000$ 96,000$ 96,000$ 288,000$ -$ -$ -$ -$ 576,000$Capital Project Planning -$ -$ -$ -$ -$ 420,000$ -$ -$ -$ -$Sub total 288,000$ 96,000$ 96,000$ 96,000$ 96,000$ 96,000$ 96,000$ 288,000$ 420,000$ -$ -$ -$ 576,000$

TOTAL 11,187,000$ 5,055,000$ 3,212,000$ 2,920,000$ 4,291,000$ 4,088,000$ 3,266,000$ 10,795,000$ 5,287,000$ 9,663,000$ 8,149,067$ 9,186,542$ 29,392,542$C = completed project (not mapped)

Administration

Land Acquisitions


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32. Schedule 5 - Works Schedule – MapsProjects locations are noted as best as possible given their nature and scale of mapping. (Clause 18)


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lwatkins

Sticky Note

Attachment 5

STANDARD CONDITIONS APPLYING TO SPECIAL EVENTS AND

WORK-RELATED ACTIVITIES WITHIN COUNCIL ROAD RESERVES

A road closure, following approval by the Traffic Committee, is subject to the following additional Council conditions:

1 The applicant must apply to for a section 138 permit to occupy the road reserve. The application must include:

a A copy of these conditions signed as accepted b A copy of a letter from the Traffic Committee authorising the closure c The TMP d The ROL (if required) e Police approval f Public liability insurance

2 The applicant must obtain written approval from the NSW Police Service.

3 The applicant must obtain an ROL (Road Occupancy Licence) from the Roads & Maritime Services if the closure is on a classified road or within 100m of any traffic control signals.

4 The applicant must advise all affected residents and business owners within the closure area of the closure dates and time in writing, seven days prior to the intended date of works.

5 The applicant must advise the Emergency Services (Ambulance, Fire Brigade, NSW Police), Taxi Co-op and Bus Companies of the closure dates and times in writing, seven days prior to the intended date of works. The applicant must endeavour to minimise the impact on bus services during the closure.

6 The closure must be set up in accordance with a Traffic Management Plan (TMP) prepared by an appropriately qualified traffic control person. A copy of the person’s qualifications must be detailed within the TMP.

7 The TMP must be physically set-up by appropriately qualified traffic control persons or the NSW Police.

8 Access for affected business owners and residents must be maintained where possible. Where direct access cannot be achieved an alternative arrangement must be agreed to by both the applicant and affected person/s.

9 The applicant must advertise the closure in the Public Notice section of the local newspaper, detailing the closure dates and times. This advertisement must appear no less than seven days prior to the closure.

10 The applicant must provide Council with a copy of a current public liability insurance policy to a value no less than 10 million dollars which covers Wollongong City Council against any claims arising from the closure.