Agenda of Council Meeting - 11 December 2018

Council Meeting

11 December 2018

Minutes of Ordinary Council Meeting held on 27 November 2018

Meeting commenced at 6.34 pm

Present:
Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Rochelle Porteous Vittoria Raciti John Stamolis Louise Steer Anna York Rik Hart Elizabeth Richardson	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6.41pm) Councillor (6.37pm) Councillor Councillor Councillor Councillor (6.59pm) General Manager Deputy General Manager Assets and Environment
Michael Tzimoulas	Deputy General Manager Chief Financial and Administration Officer
John Warburton	Deputy General Manager Community and Engagement
Nellette Kettle Annette Morgan Cathy Edwards-Davis Gwilym Griffiths Joe Strati Prue Foreman Wal Petschler David Birds Ian Naylor Katherine Paixao	Group Manager Civic and Executive Support, Integration, Customer Service and Business Excellence Group Manager Children and Family Services Group Manager Trees, Parks and Sports Fields Urban Forest Manager, Group Manager Legal Engagement Manager Group Manager Roads & Stormwater Group Manager Strategic Planning Manager Civic and Executive Support Business Paper Coordinator

APOLOGIES: Nil

DISCLOSURES OF INTERESTS: Nil

CONFIRMATION OF MINUTES:

Motion: (Stamolis/Macri)

THAT the Minutes of the Council Meeting held on Tuesday, 30 October and Tuesday, 13 November 2018 be confirmed as a correct record.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Raciti, Stamolis and Steer

Against Motion: Nil

C1118(2) Item 29 Mayoral Minute: Supporting Bhutanese Twins Dawa and Nima Pelden

Motion: (Byrne)

THAT Council:

1. Provide a donation of $500 from the Mayor’s charitable fund to the Children First Foundation charity appeal to support Bhutanese twins Dawa and Nima who were surgically separated in Melbourne earlier this month; and

2. Encourage other local governments to make a similar contribution.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Raciti, Stamolis and Steer

Against Motion: Nil

Councillor Porteous entered the Meeting at 6:37 pm.

Councillor Passas entered the Meeting at 6:41 pm.

Councillor York entered the Meeting at 6.59 pm.

C1118(2) Item 30 Mayoral Minute: Globe Wilkins Preschool EOI

Motion: (Byrne)

THAT Council:

1. Welcome the announcement by the Member for Summer Hill, Jo Haylen, and the NSW Opposition that if elected to Government they would fund the construction of new premises for Globe Preschool within the Wilkins Public School site, noting that this is a real solution that would save the award winning preschool, while addressing the school community's need for additional classroom space;

2. Note that:

a. The EOI put out by DET for construction of a pre-school in the grounds of the Wilkins School is a blatant attempt at cost shifting of responsibility for school infrastructure from the Department of Education and Training to Inner West ratepayers;

b. Preschool education is a state government responsibility; however the operation of Globe Wilkins has always been a partnership between Council and the NSW Government. This successful partnership has been based on Council funding the entirety of recurrent costs of the service, which totaled several hundred thousand dollars in 2017/18, and the Government providing premises;

c. The NSW Government has established a $6 billion fund to pay for school infrastructure but that despite this not a single school in the Inner West Local Government Area has been allocated funding for a major upgrade in this year’s Budget or in the forward estimates;

d. That the recently released Local Government NSW report into cost shifting found that the Inner West Council is already amongst the most detrimentally impacted by state government cost shifting, with more than $18 million in state government costs having been imposed on ratepayers in 2015/16; and

e. The extraordinarily brief time limit and conditions proposed through the EOI are extremely poor practice, with the normal period for a tender process of complexity at least 21 days.

3. Write to the NSW Minister for Education calling on him to match the Opposition’s commitment to fund the construction of new premises for Globe Wilkins Preschool, and expressing our disappointment and anger that he has failed to reply at all to Council’s request for constructive negotiations over the future of Globe Wilkins;

4. Submit an expression of interest for the operation of Globe Wilkins based on the following principles:

a. An ongoing commitment to operation of the award winning service, including maintenance of the high services standards, currently costing several hundred thousand dollars per annum, being Council’s contribution to project;

b. The Government providing increased classroom space for the School and appropriate indoor and outdoor space for Globe Wilkins through an upgrade to be funded through the $6 billion education infrastructure fund; and

c. Seeking cooperation from the Government in implementing an interim plan to maintain enrollment levels in 2019 and for the duration of the construction of the new facility.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Matter Arsing - Globe Wilkins Preschool

Motion: (Macri/Passas)

THAT:

a) The lease by KU of the Council owned childcare facility at 53 Malakoff Street is currently operating on a monthly holdover;

b) The Globe Wilkins Pre-School is earmarked to shut at the end of 2019;and

c) The childcare centre erected by Council at Steel Park is as yet unallocated.

2. Council receive a report which identifies the operational and financial feasibility of KU moving to the Steel Park facility and Globe Wilkins operating out of the Malakoff Street premises; and

3. In preparing such report, Council is to initiate discussions with KU regarding its appetite for such an arrangement and include the outcomes of such discussion in the report.

Motion Lost

For Motion: Crs Macri, Passas and Raciti

Against Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Stamolis, Steer and York

Suspension of Standing Orders

Motion: (Byrne/Passas)

THAT Council Suspend Standing Orders to hear from the registered speakers.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

ADJOURNMENT

8.05pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

8.11pm– The Mayor, Clr Byrne resumed the meeting.

Suspension of Standing Orders

Motion: (Byrne/Stamolis)

THAT Council further Suspend Standing Orders to deal with items that had registered speakers.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer

Against Motion: Nil

Absent: Cr York

Councillor York re-entered the meeting at 8.19pm

C1118(2) Item 6 Sporting Grounds Allocation Policy

Motion: (Drury/Macri)

THAT:

Council adopt the Sporting Grounds Allocation Policy and Acknowledge that this policy also applies to relevant district or regional sporting associations;

The 46 Clubs currently utilising sporting grounds in the Inner West be advised by email that the Sporting Grounds Allocation Policy has been adopted;

Council rescind the Sports Ground Allocation Policy of the former Marrickville Council;

Council include the following additional clause in the Sporting Ground Allocation Policy:

Maximise Use of the Sporting Grounds

Council has an objective to promote participation in active sport, physical activity and social connectedness. Therefore, within the constraints imposed by Plans of Management and acceptable wear and tear on the grounds, Council wishes to maximise use of the Sporting Grounds. Where it can be demonstrated that a Club has repeatedly booked a ground and not utilised the allocation, staff will investigate this. At its absolute discretion, Council staff may cancel the hirer’s future allocations for the season. Further, Council may consider excluding an applicant from future season allocations.

Council amend clause 11 of the Sporting Ground Allocation Policy to:

“Other than where a contribution has been made in accordance with Section 6.10, should Council obtain new or upgraded sporting grounds (where the hours of use is substantially increased), access to these new facilities will be via a public, open, advertised Expression of Interest.”

Council amend the words in the policy regarding the summer and winter season allocation to:

Summer Season Allocation

An allocation to a hirer to utilise a Council sporting ground and/or facility at agreed times between the period of the third Tuesday in September to the last Sunday in March (subject to maintenance needs).*

Winter Season Allocation

An allocation to a hirer to utilise a Council sporting ground and/or facility at agreed times between the period of the first Tuesday in April to the last Sunday in August (subject to maintenance needs). Training (only) may continue to the second Friday in September (subject to maintenance needs).*

* Council acknowledges that all sporting codes are subject to season overlap of the above season allocation dates. Winter sports may commence pre-season training and trial games in March if sports such as cricket and baseball do not need to use their allocated sporting ground for training or finals games through to the end of March. This can be negotiated with Council and the individual clubs that share a ground in different seasons. Similarly, access to the grounds for special competitions (eg. Champion of Champions) will be negotiated on an as needs basis. All clubs in both seasons are asked to advise Council if a ground can be handed back earlier for the seasonal sporting ground changeover (eg) goal posts out and cricket wicket preparation.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Councillor York left the Meeting at 8:22 pm.

C1118(2) Item 5 Draft Tree DCP - Endorsement for Exhibition

Motion: (Macri/Passas)

THAT:

1. Council resolve to publicly exhibit the draft Tree Management Development Control Plan for the Inner West, as detailed in ATTACHMENT 2 of this report, for a period of 28 days, to replace the existing tree management controls contained in:

i. the Comprehensive Inner West Development Control Plan 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill;

ii. Leichhardt Development Control Plan 2013; and

iii. Marrickville Development Control Plan 2011.

2. The results of the public exhibition and community engagement process are presented to Council along with a final Tree DCP for adoption;

3. When the policy comes back off public exhibition, a summary of which options identified in the discussion paper have been included and excluded in the draft DCP policy be provided; and

4. A plain english language explanation of the policy be provided in the post exhibition report.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer

Against Motion: Nil

Absent: Cr York

Councillor York returned to the Meeting at 8:38 pm.

Councillor Passas left the Meeting at 8:39 pm.

C1118(2) Item 12 Classification of Crown Lands and Prioritisation of Park Plans of Management

Motion: (McKenna OAM/Macri)

THAT Council:

1. Endorse the prioritised list of Park Plans of Management (Attachment 1) which are to be prepared for open space under its care, control and management;

2. Note the list of Crown Lands which are to be managed by Council and endorse the initial categorisations of community land which are to be sent to the NSW Government for approval (Attachment 2);

3. Write to the NSW Minister of Primary Industries and seek additional funding of $100,000 to support the preparation of park Plans of Management for Crown Land under its care and management; and

4. Write to the NSW Minister of Primary Industries requesting that the NSW Government amend the timeframe for Plans of Management delivery, as they apply to Crown Lands, from three years to six years.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Cr Passas

Amendment (Stamolis/Porteous)

THAT:

Council review the Plan of Management (POM) for Propeller Park in this financial year; and

Motion Lost

For Motion: Crs Da Cruz, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Raciti and York

Absent: Cr Passas

Fines on residents in regard to dogs off leash cease in the southern end of Propeller Park until the Plan of Management (POM) is finalised.

The Mayor ruled point two of the amendment Out of Order as Council cannot direct staff in operational matters.

Amendment (Da Cruz/Porteous)

That:

Johnson Park Plan of Management be brought forward in the list; and

Douglas Grant Park, Badu Park and Chester Street pocket parks be brought forward in the list.

Motion Lost

For Motion: Crs Da Cruz, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Raciti and York

Absent: Cr Passas

Councillor Passas returned to the Meeting at 8:52 pm.

C1118(2) Item 21 Complaints Handling Policy

Motion: (Da Cruz/Kiat)

THAT Council:

1. Adopt the amended Complaints Handling policy shown as Attachment 1 incorporating six monthly report on complaint statistics to be published on website;

2. Receive a six monthly report summarising the types of complaints received and actions to address issues identified; and

3. Rescind the below legacy policies of the former Ashfield, Marrickville and Leichhardt councils:

- Customer Complaints Policy (Ashfield);

- Service Complaints Policy (Leichhardt); and

- Council Complaint Management Policy (Marrickville).

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

C1118(2) Item 25 Notice of Motion: Bring Council Meetings Back to the Community

Motion: (Stamolis/Hesse)

That Council:

Notes that Ashfield Council Chambers is very difficult for many residents to access in order to participate in Council Meetings; and

Bring a report to February 2019 Council Meeting with proposals in improving the accessibility of Council Meetings for all Inner West Council residents.

Motion Lost

For Motion: Crs Da Cruz, Hesse, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Kiat, Macri, McKenna OAM, Passas, Raciti and York

Matter Arising - Fire Safety at Petersham Service Centre

Motion: (Kiat/Drury)

THAT Council receive a report on the fire safety at Petersham Council Chambers at Petersham Service Centre in relation to current uses and possible future uses including large community meetings.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

C1118(2) Item 26 Greenway Delivery Project Management and Engagement Plan

Motion: (Drury/Byrne)

THAT:

1. The report be noted;

2. Council’s Communications team have responsibility for and management of all branding and communications relating to the Greenway project; and

3. The existing Greenway logo be replaced by the Inner West Council logo in all Council communications published on the website or to materials distributed to residents .

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York

Against Motion: Cr Porteous

Amendment (Da Cruz)

THAT the Plan of Management for Johnson Park be brought forward in the list.

This Amendment lapsed for want of Seconder.

C1118(2) Item 27 Request for Reimbursement of Legal Expenses

Motion: (Byrne/Macri)

THAT the costs not be reimbursed and that the matters raised in the tabled document be referred to the Internal Ombudsman to review.

Motion Carried

For Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti and York

Against Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Foreshadowed Motion: (Porteous)

THAT:

Council determines not to reimburse legal costs of Councillor Passas; and

Should there be any code of conduct issues that a Councillor wishes to raise, they go through the proper processes to lodge such.

This Foreshadowed Motion lapsed.

Resumption of Standing Orders

Motion: (Byrne/McKenna OAM)

THAT Standing Orders be resumed.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Councillor Passas left the Meeting at 10:01 pm.

Councillor Iskandar left the Meeting at 10:02 pm.

Councillor Hesse left the Meeting at 10:02 pm.

C1118(2) Item 1 Future of White Bay Cruise Ship Terminal Bus Service

Motion: (Stamolis/Byrne)

THAT Council notes the information outlined in this report.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Crs Hesse, Iskandar and Passas

C1118(2) Item 2 Enterprise Bargaining Agreement

Motion: (Byrne/McKenna OAM)

THAT Council receive and note this report.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Crs Hesse, Iskandar and Passas

Councillor Iskandar returned to the Meeting at 10:05 pm.

C1118(2) Item 3 Council Meeting Schedule for 2019

Motion: (Porteous/Da Cruz)

THAT:

Council adopt the Council Meeting Schedule for 2019 as detailed in the report, subject to changing the date of the Ordinary Council Meeting from Tuesday 23 April to Tuesday 30 April; and

In 2019 at least 2 Council Meetings are held in either Leichhardt Council Chambers or Leichhardt Town Hall.

Motion Lost

For Motion: Crs Da Cruz, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Raciti and York

Absent: Crs Hesse and Passas

Foreshadowed Motion: (Byrne/Drury)

THAT Council:

1. Council adopt the Council Meeting Schedule for 2019 as detailed in the report, subject to changing the date of the Ordinary Council Meeting from Tuesday 23 April to Tuesday 30 April; and

2. Publicise the Schedule on Council’s website, at Council’s Service Centres and on the Inner West Council page in the Inner West Courier.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Crs Hesse, and Passas

C1118(2) Item 4 Quarterly update on Tenders awarded

Motion: (Byrne/Stamolis)

THAT information on tenders awarded by the General Manager be received and noted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Crs Hesse and Passas

Councillor Hesse returned to the Meeting at 10:09 pm.

Councillor Drury left the Meeting at 10:10 pm.

Councillor Drury returned to the Meeting at 10:13 pm.

C1118(2) Item 7 Events in Parks Policy

Motion: (McKenna OAM/Byrne)

THAT:

1. Council adopt the Events in Parks Policy;

2. The known Event Organisers who currently manage events in Inner West parks be advised that the Policy commences on 1 January 2019;

3. Council rescind the Event Management Manual of the Leichhardt Council; and

4. Council receive a report back on the proposal to negotiate with Athletics Australia and that there be no progress In entering into an agreement with them as outlined until this report is considered.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Cr Passas

Councillor Passas returned to the Meeting at 10:17 pm.

Councillor Porteous left the Meeting at 10:17 pm.

Councillor York retired from the Meeting at 10:18 pm.

Councillor Hesse left the Meeting at 10:19 pm.

C1118(2) Item 8 Results - Community Satisfaction Research 2018

Motion: (Drury/McKenna OAM)

THAT Council receive and note the report.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and Steer

Against Motion: Nil

Absent: Crs Hesse, Porteous and York

Councillor Hesse returned to the Meeting at 10:25 pm.

C1118(2) Item 9 Local Democracy Update

Motion: (Byrne/Drury)

THAT Council:

1. Receive and note the report;

2. Replace the previously adopted Safety working group with the twice-yearly Local Safety Forums adopted by Council (C0718 item 1);

3. Merge the previously adopted Cooks River and Parramatta River working groups to form the River Catchments working group;

4. Note the inaugural combined meeting of the new Local Democracy Groups scheduled for Thursday, 29 November 2018 at Ashfield Town Hall; and

5. Invite Co.As.It, Metro Assist, Chinese and Australian Social Services and the Ethnic Communities Council of NSW to work with Council to convene and host an Inner West Multicultural Inter-agency to meet quarterly for information sharing policy development purposes.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and Steer

Against Motion: Cr Hesse

Absent: Crs Porteous and York

C1118(2) Item 10 Audited Financial Reports as at 30 June 2018

Motion: (McKenna OAM/Steer)

THAT:

1. Receives and notes the report; and

2. Receives the final audited reports for the Inner West Council for the reporting period ending 30 June 2017 (ATTACHMENT 1).

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and Steer

Against Motion: Nil

Absent: Crs Porteous and York

C1118(2) Item 11 Inner West Council Annual Report 2017/18

Motion: (McKenna OAM/Steer)

THAT Council receives and notes the Annual Report 2017/18.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and Steer

Against Motion: Nil

Absent: Crs Porteous and York

Councillor Porteous returned to the Meeting at 10:33 pm.

Councillor Raciti retired from the Meeting at 10:34 pm.

Councillor Passas left the Meeting at 10:35 pm.

C1118(2) Item 13 Heritage Pub Protections Update

Motion: (Byrne/Macri)

THAT Council:

Note the cultural, social and architectural, heritage significance of the Vic on the Park Hotel and the fact that it is not located in a heritage conservation area and is not a listed heritage item;

Begin investigations, as soon as resources or in kind assistance from an academic or other institution become available, to establish the planning justifications for the Vic on the Park Hotel to be heritage listed;

Officers provide initial advice on which of the hotels located in heritage conservation areas but not listed as heritage items should be prioritised for consideration for listing, based on known architectural, social and cultural heritage value;

Convene, in conjunction with respected local hotel proprietors, licensees, music venue operators local business and hospitality sector representatives, and planning experts, hold a public forum in Balmain on the future of the night time economy;

Write officially to the academic institutions listed in the report seeking their assistance in progressing the heritage listing of identified historic hotels; and

Clarify whether the historic name of pubs can be mandated and preserved through council controls.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

C1118(2) Item 14 Proposed Expansion of Longitude Building, 36 James Craig Road, Rozelle

Motion: (Byrne/Porteous)

THAT Council:

1. Writes to the local State and Federal Members of Parliament, Minister for Planning and Minister for Heritage to state its strong opposition to any proposal to increase the height of the building due to the unacceptable heritage, visual and other impacts; and

2. Forwards this report to the Department of Planning and Environment, to identify key issues and to inform the preparation of the Secretary’s Environmental Assessment Requirements.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

C1118(2) Item 15 Proposed Compliance & Enforcement Levy

Motion: (Byrne/Drury)

THAT the matter be deferred pending advice from staff on how the cost burden can be redistributed away from owner occupiers.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

C1118(2) Item 16 Abandoned Shopping Trolley Policy and Protocol

Motion: (McKenna OAM/Byrne)

THAT:

1. The draft Impounding Policy (Shopping Trolleys) be placed on public exhibition for a period of 28 days;

2. The results of the public exhibition are presented to Council along with a final Impounding Policy (Shopping Trolleys) for adoption;

3. The Impounding (Shopping Trolleys) Protocol be received and noted;

4. Council amend the protocol/policy to include solutions to prevent our streets being littered with abandoned shopping trolleys;

5. Council officers identify the problem areas and develop strategies for resolving the issues of the specific areas and report this back to Council; and

6. All Development applications for Supermarkets, bottle shops and other retail outlets using trolleys (fruit shops, nurseries etc) to have a trolley containment system as a condition of consent.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

Councillor Passas returned to the Meeting at 10:49 pm.

Extension of Time

Motion: Drury/McKenna OAM)

THAT the meeting be extended until 11.30pm.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

Motion: (Macri/Iskandar)

THAT Items 17,18,19,20,22 and 23 be moved en bloc subject to an additional point in Item 18 being inserted ‘Council receive a report back on the works associated on the projects funded by VPAs being Marrickville Hospital Site, 14 McGill Street Lewisham, 429-449 New Canterbury Road Dulwich Hill’ and the recommendations contained in the reports be adopted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 17 Draft Inner West Council Asbestos Policy

Motion: (Macri/Iskandar)

THAT:

1. The draft Inner West Council Asbestos Policy be placed on public exhibition for a period of 28 days; and

2. The results of the public exhibition are presented to Council along with a final Inner West Council Asbestos Policy for adoption

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 18 2018/19 First Quarter Budget Review.

Motion: (Macri/Iskandar)

THAT:

1. The report be received and noted;

2. Council approves the budget adjustments required; and

3. Council receive a report back on the works associated on the projects funded by VPAs being Marrickville Hospital Site, 14 McGill Street Lewisham, 429-449 New Canterbury Road Dulwich Hill.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 19 Local Traffic Committee Meeting held on 6 November 2018

Motion: (Macri/Iskandar)

THAT the Minutes of the Local Traffic Committee Meeting held on 6 November 2018 be received and the recommendations be adopted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 20 Inner West Local Planning Panel Update

Motion: (Macri/Iskandar)

THAT the report be received and noted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 22 Status of Legal Proceedings

Motion: (Macri/Iskandar)

THAT the Report be received and noted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 23 Investment Report as at 31 October 2018

Motion: (Macri/Iskandar)

THAT the report be received and noted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Raciti and York

C1118(2) Item 24 Notice of Motion: Save Globe Preschool - EOI and Contingency Fund

Councillor Kiat withdrew this Motion.

Confidential Session

Motion: (Byrne/Drury)

THAT Council move into Confidential session to consider Items of business containing Confidential Information.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

Members of the public were asked to leave the Chamber.

Motion: (Byrne/Drury)

THAT Council return to open session to read out the recommendations from the

Closed Session.

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

The Mayor read out to the Meeting the recommendation from the Closed Session of

Council.

Councillor Passas retired from the Meeting at 11:05 pm.

Reports with Confidential Information

C1118(2) Item 28 Mayoral Minute: Extension of Outgoing General Manager Contract to Align with Incoming Chief Executive Officer Commencement

Motion: (Byrne/Drury)

THAT Council extend the employment contract of the current General Manager to

1 March 2019 to enable a handover to the incoming CEO.

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion: Nil

Absent: Crs Passas, Raciti and York

Urgency Motion – Addison Road Site

Councillor Da requested that the meeting consider an Urgency Motion with regards to Orders issued to the Addison Road Site.

Motion: (Da Cruz)

THAT the motion be considered as a matter of urgency.

The Motion Lapsed for want of Seconder.

Meeting closed at 11.16pm.

Public Speakers:

Item #	Speaker	Suburb
Item 5:	Mr Kostas	Nil
Item 6:	Ross Martin	Dulwich Hill
Item 12:	Annette Mayne	South Hurstville
Item 21:	Jonathan Bolton	Annandale
Item 25:	John Lozano	Haberfield
Item 26:	Jo Blackman Alex Lofts	Dulwich Hill Summer Hill
Item 27:	Lila Tillman John Lozano	Summer Hill Haberfield
Item 30:	Kathryn Greguric Christopher O'Carrigan Jemma McGirr	Hurlstone Park Springwood Petersham

Council Meeting

11 December 2018

Item No: C1218(1) Item 3

Subject: Change in Parking Meter Operational Hours in the side streets of Leichhardt, Rozelle and Balmain

Prepared By: Manod Wickramasinghe - Coordinator – Traffic and Parking Services

Authorised By: Wal Petschler - Group Manager Footpaths, Roads, Traffic and Stormwater

SUMMARY

Council at its meeting held 11 September 2018, considered a report on the results of the investigation into altering the parking meter operational hours and introducing 30min free parking into the side streets of Balmain, Rozelle and Leichhardt and requested that further analysis on the consultation be undertaken, and a further report investigating limiting the 30 minute free parking and turning off parking meters at 7.00pm to side street spaces in sections abutting businesses being brought back to Council.

This report recommends that parking meters in side streets not be switched off between 7pm and 10pm, due to:

· Lack of resident support due to displacement of resident parking

· Potential for motorist confusion due to changes in paid parking hours within a single street with paid parking occurring further away from the main street

· Further decreases in parking turnover in side streets

It is also recommended that the 30 minute free parking not be extended into the side streets to limit shopper parking in residential side streets throughout operating hours of the parking meters. However, in order to provide consistency in the free parking tickets issued, it is recommended that the existing 15 minute parking ticket zones (11 parking meters) be converted to 30 minute free parking zones.

RECOMMENDATION

THAT:

1. This report be received and noted; and

2. Existing 15 minute free parking zones (11 parking meters) be converted to 30 minute free parking zones.

BACKGROUND

At its meeting held 12 October 2017, Council committed to a policy of turning off parking meters in the former Leichhardt Municipality at 7pm and requested a detailed report on the policy’s cost, funding and implementation. At the Council meeting held 13 March 2018, Council resolved that the parking meters on the mainstreets within the former Leichhardt Municipality would be turned off at 7pm and to engage with the community on switching the side street parking meters off at 7pm in addition to extending the 30 minute free parking to the side streets.

Community engagement was completed on this proposal and showed that 61% of respondents supported turning off side street meters at 7:00pm and 69% of respondents supported extending 30 minute free parking to the meters in the side streets. However, it was clear from the comments received that the objections are primarily from residents who are concerned that switching the meters off at 7pm and introducing 30 minute free parking tickets to the side streets would increase demand for parking in the residential areas and displace resident parking.

The results of the investigation including community consultation results were reported to the Council Meeting held Tuesday, 11 September 2018. Council subsequently resolved:

THAT:

1. Council defer this matter to allow Council officers to investigate limiting 30 minute free parking and turning off parking meters at 7.00pm to side street spaces and abutting businesses; and

2. Further information be provided on the breakdown of submissions from residents of relevant side streets.

Side street spaces adjacent to businesses

The sections of side streets adjacent/abutting businesses in Balmain, Rozelle and Leichhardt have been identified and are shown on the following three plans.

Identified sections of side streets adjacent to businesses in Balmain

Identified sections of side streets adjacent to businesses in Rozelle

Identified sections of side streets adjacent to businesses in Leichhardt

FINANCIAL IMPLICATIONS

In the 2018/19 financial year, Council budgeted to receive $3,896,000 revenue from its parking meter management strategies following the reduction in operating hours of main street parking meters in Leichhardt, Balmain and Rozelle.

a) Turning off parking meters at 7pm (in sections of side streets adjacent to businesses)

The potential revenue losses associated with proposed meter changes have been estimated by analysing individual parking meter transactions and parking related infringement notices over a 3-month period and extrapolating potential losses over a year.

The modelling previously presented to the March 2018 Council Meeting has been updated to only consider meters in the identified sections of side streets adjacent to businesses and is shown in the following table.

	Side Streets
Estimated Meter Revenue	$116,000
Potential Lost Fine Revenue	$26,000
Total	$142,000

A one-time additional cost of approximately $8,000 would be required to re-program parking meters, change tariff labels, supply and install new signage.

This matter would also require Traffic Committee approval to alter regulatory signage in the side streets.

b) Extension of 30 minute free parking into the side streets

The potential parking meter revenue loss of extending 30-minute free tickets into the identified sections of side streets has been estimated by analysing short term parking transactions in side-streets over a 3-month period and extrapolating potential losses over a year.

Based on current usage this modelling indicates that introducing 30 minute free parking into the side streets is expected to result in a parking meter revenue loss of approximately $64,000. This potential loss will increase if motorist behaviour changes to make further use of the free parking.

Previous study into the introduction of 30 minute free parking into the main-streets indicated there was no overall decrease in the number of meter related fines in 2012/13. This may have resulted as a consequence of increased enforcement consistent with the findings of the previous parking study which identified that enforcement needed to be increased in all areas to ensure parking compliance. Approximately 75% of fines issued were for ‘not displaying a ticket’.

A one-time additional cost of approximately $7,000 will be required to re-program parking meters, change tariff labels and alter signage.

Subsequently, the total per annum cost of implementing the proposed amendments of both switching off the side street meters at 7pm and extending the 30 minute free tickets into sections of side streets adjacent to businesses is estimated at $206,000.

OTHER STAFF COMMENTS

Parking Meter Strategy

Parking meters in the former Leichhardt Municipality are located in the Leichhardt, Rozelle and Balmain town centres and were originally installed in 2001 to better manage the high demand for, and utilisation of, parking in each business area. The parking meters formed part of Council’s parking management strategy with objectives to:

· Ensure on-street parking turnover

· Provide improved access to on-street car parking for business customers

· Discourage illegal / overstay parking

· Discourage commuter parking

· Encourage the use of public transport.

A number of nearby Councils in Sydney operate parking meter schemes including; City of Sydney, Waverley, North Sydney and Woollahra.

This approach recognised:

· There is generally a shortfall of car parking for the current mix of businesses.

· There is very limited capacity to increase off street car parking.

· Staff parking took up valuable parking spaces within the Town Centre parking schemes. However in recent years, the number of business permits issued has been reduced following the introduction of a fee and more strict limits.

· Balmain, Rozelle and Leichhardt are desirable places to visit that need an Integrated Transport Plan that focuses on a wide range of transport options, not just reliance and promotion of the motor car.

Current Parking Meter Operation

Existing hours of operation of the parking meters in the main streets of Leichhardt, Rozelle and Balmain now span from 8.00am to 7.00pm, 7 days per week. Parking on the main-streets requires a motorist to display a paid or a 30-minute free ticket. There are 70 main street parking meters in Leichhardt, Rozelle and Balmain.

Existing hours of operation of the parking meters in the side streets of Leichhardt, Rozelle and Balmain span from 8.00am to 10.00pm, 7 days per week. Parking on the side streets requires a motorist to display a paid ticket, 15-minute free ticket (only operating for 11 parking meters in locations adjacent to the mainstreets) or valid parking permit. There are 214 side street parking meters in Leichhardt, Rozelle and Balmain. Residents in the metered side streets are eligible for parking permits which provide preferential parking by exempting them from parking meter payments and time limits on the parking control signs.

Council introduced 30 minute free, ticketed parking along the main-streets of these suburbs to allow for short term parking to access businesses. This initiative has been popular and usage of the 30 minute free ticketed parking continues to increase. Between 2013 and 2017, the issue of paid parking tickets on main-streets has decreased from approximately 25,000 tickets per month to 19,000 whilst free parking tickets has increased from 80,000 to 112,500 tickets per month. The 30 minute parking represents 86% of parking tickets currently issued on main-streets.

Parking Management Impacts

(a) Turning Side Street Parking Meters off from 7pm-10pm in sections adjacent to businesses

Advantages include:

· Allows additional free parking for resident visitors without requiring use of visitor parking permits

· Allows additional free parking for shoppers on the side-streets for night-trade businesses

Disadvantages include:

· Meter revenue loss is estimated at $116,000 pa based on current user behaviour and is likely to also affect fine related revenue by $26,000 pa.

· Proposal will encourage shopper parking in side streets and this will potentially displace resident parking.

· Creates inconsistency amongst side street parking meter restrictions which may lead to motorist confusion and resulting infringement notices.

· A motorist can currently obtain a parking ticket from any meter in the street. When a parking meter experiences a technical issue, this allows a motorist to obtain a ticket from an adjacent meter. Without this functionality, it is likely that a motorist may assume parking meters are not working if they attempt payment from a meter within a zone with ticket parking finishing at 7pm, although the motorist parked outside this zone in an area restricted to 10pm.

(b) Extension of 30 minute free tickets to sections of side streets adjacent to businesses

Parking meters which issue 30 minute free parking tickets are limited to the mainstreets of Leichhardt, Rozelle and Balmain. There are also 11 parking meters in commercially zoned side streets adjacent to the mainstreet which issue 15 minute parking tickets. Extending the 30 minute free parking tickets to encompass all parking meters would have a number of advantages and disadvantages.

Advantages include:

· Allows short term parking for resident visitors without requiring use of visitor parking permits

· Allows short term parking for shoppers on the side-streets

· 30 minute free parking on the mainstreets has previously been shown to reduce the average length of stay for each vehicle from 51 mins (for 2P areas) to 41 mins.

Disadvantages include:

· Meter revenue loss is estimated at $64,000 based on current user behaviour and may also affect fine related revenue

· Proposal will encourage shopper parking in side streets and this will potentially displace resident parking.

· Creates inconsistency amongst side street parking meters in the former Leichhardt LGA

Parking Study

In order to assess whether the existing parking meter fee is deterring motorists from parking in the shopping precincts, a parking study was undertaken in November 2017 to assess the usage of metered parking spaces in the shopping precincts of Leichhardt, Rozelle and Balmain.

The following graphs outline the parking occupancy rates in side streets of Leichhardt, Rozelle and Balmain on a Friday and Saturday night in ticket parking areas.

The graphs from the current parking survey shows that parking occupancy in the side streets of Leichhardt and Balmain are very high. It should be noted that Rozelle has only a small number of businesses which operate at night which is reflected in lower occupancy rates compared to Balmain and Leichhardt.

There is still a strong evening demand for parking within each of the shopping centres and this needs to continue to be managed through effective parking management strategies.

Altering the operational hours of any of the existing parking meters in the side streets to shut off from 7pm will likely reduce parking turnover near the mainstreets as motorists would be able to park for free from 7pm to 8am the following day. Noting the side streets are predominantly residential, this may then displace resident parking.

PUBLIC CONSULTATION

Council previously engaged the local community on parking meter changes in Leichhardt, Balmain and Rozelle side streets.

The engagement was promoted through:

· Letter distributed to residences in Balmain, Leichhardt, Rozelle, Balmain East, Birchgrove, Lilyfield, Annandale and Haberfield (total 27,300).

· Letter distributed to businesses in Norton Street, Leichhardt and Darling Street, Balmain and Rozelle (total 1,200).

· Letter to Leichhardt/Annandale Business Chamber and Balmain/Rozelle Chamber

· Media release, social media

· Council’s column in the Inner West Courier

· Council’s enews and Your Say Inner West enews

The engagement was open from 3 April to 20 May 2018 and a total of 338 surveys responses were received.

A detailed Engagement Outcomes Report is included in Attachment 1.

A majority of respondents supported turning off meters at 7:00pm (61% of respondents) and a majority also supported extending 30 minute free parking (69% of respondents) to the meters in the side streets.

Further analysis of the detailed comments provided by respondents indicated that at least 109 of the 338 comments (32%) were from residents in the affected side streets of Balmain, Rozelle and Leichhardt. Of these submissions, only 10% supported switching off parking meters at 7pm in the side streets and 28% supported extending 30min free parking into the side streets. These results are shown in the following graphs.

Residents in the metered side streets are eligible for parking permits which provide preferential parking by exempting them from parking meter payments and time limits on the parking control signs.

These residents have commented that parking levels in the side streets are already at capacity and by removing the ticket parking restrictions at 7pm, residents would have to compete with visitors/shoppers for the remaining parking spaces.

Those who support the proposal mainly believe it will support local business, bring in visitors and help revitalise the main streets. The two local business chambers made submissions of support which are also shown in Attachment 1.

It should be noted that although the current investigation limits changes to the sections of side streets adjacent to businesses, there will still be an impact on resident parking in the side streets.

CONCLUSION

Based on the investigation and consultation outcomes three options are presented.

· Option A – Retain existing metered parking restrictions in Leichhardt, Rozelle and Balmain and alter existing 15 minute free parking zones (11 parking meters) into 30 minute free parking zones.

· Option B – Modify operational hours of parking meters in the side streets of Leichhardt, Rozelle and Balmain adjacent to businesses to switch off at 7pm to match the current operating hours of the main street parking meters and alter existing 15 minute free parking zones (11 parking meters) into 30 minute free parking zones.

· Option C - Modify operational hours of all parking meters in the side streets of Leichhardt, Rozelle and Balmain to switch off at 7pm to match the current operating hours of the main street parking meters and alter existing 15 minute free parking zones (11 parking meters) into 30 minute free parking zones.

It should be noted that Traffic Committee review would be required for Council’s referred option.

Although the community engagement showed that the majority of respondents supported turning off side street meters at 7:00pm and extending 30 minute free parking to the meters in the side streets, further analysis has shown that directly affected residents in the side streets do not support the changes due to the increased demand for parking in the residential areas and subsequent displacement of resident parking. Although Option B limits the impact to sections of side streets adjacent to businesses, there will still be an impact on resident parking in the side streets.

From a parking management standpoint it is difficult to justify paid parking in side streets after 7pm whilst it remains free in the adjoining main streets. It is however acknowledged that restricting only sections of side streets may cause further confusion to motorists and could result in motorists being fined for not paying the meter.

It is also acknowledged that the change in main street meter operating hours was a significant change and the resulting disruption to parking turnover is still being assessed with a further report outlining the outcomes of the review to be presented to Council in 2019.

It is therefore recommended that parking meters in side streets not be switched off between 7pm and 10pm, and that 30 minute free parking tickets not be extended into the side streets adjacent to businesses due to:

· Lack of resident support due to displacement of resident parking

· Potential for motorist confusion due to changes in paid parking hours within a single street with paid parking occurring further away from the main street

· Further decreases in parking turnover in side streets

However, in order to provide consistency in the free parking tickets issued, it is recommended that the existing 15 minute parking ticket zones (11 parking meters) be converted to 30 minute free parking zones.

ATTACHMENTS

1.⇩

Engagement Outcomes Report - Parking Meters Changes - June 2018

Council Meeting

11 December 2018

Item No: C1218(1) Item 6

Subject: Live Music Action Plan

Prepared By: Freya Ververis - Arts Grants and Engagement Support Worker

Authorised By: Erla Ronan - Group Manager Community Services and Culture

SUMMARY

Council has resolved to support creative communities, and to encourage live music in the Inner West. Live Music is a vital part of the cultural fabric and identity of the Inner West. The proposed Live Music Action Plan will support existing and new live music venues and create performance opportunities and audience development for emerging and established musicians. This project will also deliver advocacy and skill sharing opportunities for musicians, live music venues, and music industry professionals therefore nurturing the future growth of creative industries and ensuring a continuing leading role for the Inner West in live music in greater Sydney.

RECOMMENDATION

THAT Council:

1. Adopt the Live Music Action Plan;

2. Adopt the draft Live Music Grant Guidelines for public exhibition; and

3. Council notes the NSW Parliamentary enquiry report The Music and Arts Economy in New South Wales and calls on the NSW Government to adopt the findings.

BACKGROUND

C1017 Item 11, 31 October 2017, NOTICE OF MOTION: SUPPORTING OUR CREATIVE COMMUNITIES (Extract of relevant elements only)

2. Establish a Live Music Development Fund

Proposed as an initial $200,000 live music fund to encourage artists and venues to put on more gigs at existing live music venues, as well as establish new venues throughout the Inner West.

3. Bring arts and live music to the shop fronts, former factories, cafes and office blocks
of the Inner West

Including options on reforms that will allow non-residential buildings to be used as a small scale arts and live music spaces, without the need for a development application to be submitted.

Council further resolved:

C0518 Item 4 22 May 2018 Creative Communities and Bringing Arts and Live Music to Buildings Across the Inner West (Extract of relevant elements only)

THAT Council:

3. Investigate a sustainable model for the creation of a Live Music/Cultural Planning Liaison Officer to be the first point of contact at Council to assist existing and proposed live music and other arts and cultural activities-related venues to navigate the planning regulation system working closely with Council’s existing Business Advisory role within the Development Advisory Team;

4. Develop planning guidance sheets on small scale arts, live music and cultural activities and their permissibility within restaurants, cafes, shops and office premises; and

5. Engage with our local arts, live music and cultural activities communities on the provision of a planning advice service to understand, and ensure the service addresses, their needs.

This report proposes The Inner West Live Music Action Plan, Attachment 1 which gives effect to:

· Inner West Council motion C1017 Item 11 number 2 and 3

· Inner West Council C0518 Item 4 numbers 3, 4 and 5.

Council officers have consulted across the sector with neighbouring Councils and key industry stakeholders in developing the Live Music Action Plan. Engagement with live music venue operators in September 2018 identified further issues and actions Council could address to support live music.

The Live Music Action Plan comprises two major initiatives:

1. Working with existing live music venues to develop solutions to immediate issues and build capacity for the summer performance season:

· Launch the Live Music Planning Liaison Service providing a face to face service offering wayfinding through the planning and development process

· Solving issues for Council that are raised with the Live Music Planning Liaison Service

· Providing information resources that guide proponents through the development assessment process.

2. Delivering support and resources for potential new venues and musicians entering or participating in the live music economy:

· Live Music Planning Liaison Service continues for additional venues

· Support and information resources for potential new venues and musicians

· Grants, education and advocacy support for musicians and venues

The Live Music Action Plan creates a method for Council to support existing live music venues and provide performance opportunities for emerging and established musicians across all genres, for audiences of all ages, and in venues across the city.

The Inner West is home to approximately 60 venues that currently offer live music in some form. There is the opportunity for expansion of live music in the Inner West amongst the existing 100 pubs and clubs, 200 small bars and breweries, 600 cafes and restaurants and 150 art galleries and other spaces.

Research commissioned by the Council of Capital City Lord Mayors entitled Measuring the Australian Night Time Economy 2016-17, reported Sydney core night-time economy included 4,872 establishments, employed 35,580 people and turned over $4,059 million.

Unfortunately the live music industry faces a number of threats resulting in the decline of live music venues across wider Sydney in recent years. In the Inner West threats and challenges, include rezoning of industrial lands resulting in a loss of cultural spaces that house venues, rehearsal and recording studios. Increased residential development close to cultural activity and changing expectations of residents through the process of gentrification has led to issues around noise attenuation. The increased cost of housing is pushing those who work in creative industries further away from creative infrastructure, performance opportunities and peers.

The City of Sydney is acting to attempt reinvigoration of its declining live music sector and late night economy. The City of Sydney has approved a new Development Control Plan to for public exhibition. It proposes changes to planning controls for late night trading and initiatives to encourage performance venues, to provide guidance on appropriate trading hours for low impact venues outside of the key precincts, and to allow additional trading hours for venues located in late night trading areas that host live performances.

The NSW Parliament enquiry report The Music and Arts Economy in New South Wales finds that NSW has a music venue crisis that is impacting negatively on the grassroots music scene. The report highlights threats to and the actual demise of many live music venues (particularly in the City of Sydney) and the consequences for contemporary music in NSW, including the destruction of career pathways for emerging performers, adverse effects to Sydney’s cultural reputation, and the impact of closures on the economic viability of other nearby businesses.

The NSW Parliamentary enquiry report makes 60 recommendations, a large number of these recommendations mirror actions in the proposed Inner West Live Music Action Plan including:

· Advocacy and support for live music venues and musicians

· Support in creating new venues, including establishing a single point of contact to provide assistance in navigating the development application process

· Opportunities to better support young people to engage in music performance

· Development of grants for live music performances and for industry support and capacity building

· Implementing audience development and marketing

· New live music festival support

· Best practice guides for venues and musicians

· Musician loading zones.

Relevant Inner West Council references

Over the past 15 years there has been a notable decline in the number of arts and live music venues throughout Sydney. As a result, the live music scene has been the subject of a number of enquiries and studies in an attempt to arrest this decline, particularly within the city and inner city areas. Vanishing Acts: An inquiry into the state of live popular music opportunities in NSW, Johnson, B & Homan, S, 2003.

As part of its work, the Live Music Taskforce commissioned a study of Live Music and performance listings in gig guides in Sydney street press publication, The Drum Media ( now known as The Music) that showed a 61% decline over a nine-year period. Live Music and Performance Action Plan, City of Sydney, March 2014.

Following the release of the City of Sydney's Live Music and Performance Action Plan, Inner West Council has undertaken a range of actions to support local Live Music and night-time economies including:

· Initiating the Off Broadway plan to activate Parramatta Road by encouraging Live Music and Arts activity.

· Participating in the Live Music Taskforce, including collaborating with the City of Sydney, Newcastle Council, Wollongong Council and City of Parramatta.

· Collaboration with the City of Sydney on a pilot program with Music NSW and the Live Music Office, Amplify, to give local venues targeted support with music programming.

· The Live Music Marrickville Action Plan, 2015 included a $50,000 grants program for audience development, all ages gigs and noise abatement. Identifying an arts planning representative and the Sydenham Creative Hub initiative to activate live music and creative industries in Sydenham/ East Marrickville.

· Parliamentary Inquiry from the Legislative Council Portfolio Committee No. 6 - Planning and Environment. The Music and Arts Economy in New South Wales. Inner West Council Evidence: 28 May 2018.

FINANCIAL IMPLICATIONS

Council has allocated $200,000 for the Live Music Fund in 2018/19 financial year. The program will be evaluated with a recommendation to Council regarding ongoing financial commitment.

OTHER STAFF COMMENTS

There has been extensive collaboration within Council in producing the draft Live Music Action Plan.

PUBLIC CONSULTATION

Recent consultation includes with neighbouring Councils, industry stakeholders and sector leaders. A specific consultation was undertaken in September 2018 through Inner West Council’s Live Music focus groups. The findings and report of the Leichhardt and Marrickville Live Music Reference Group has informed the development of this paper. It is proposed to exhibit both the draft Live Music Action Plan and Live Music Grant Guidelines and report back to the first Council meeting in February 2019.

CONCLUSION

It is proposed that Council adopt the draft Live Music Action Plan and Live Music Grant Guidelines. The Live Music Action plan seeks to enhance the potential of the Inner West’s cultural and creative industries and ensure the sustainability of live music venues through a range of measures.

ATTACHMENTS

1.⇩	Live Music Action Plan
2.⇩	Live Music Grant Guidelines

Council Meeting

11 December 2018

Item No: C1218(1) Item 9

Subject: Gambling Harm Minimisation

Prepared By: Simon Watts - Social and Cultural Planning Manager

Authorised By: Erla Ronan - Group Manager Community Services and Culture

SUMMARY

To report back on the Gambling Harm Minimisation Mayoral forum and the proposed features of a Gambling Harm Minimisation Compact for 2019.

RECOMMENDATION

THAT Council :

1. Note the outcomes of the Gambling Harm Minimisation Mayoral forum; and

2. Approves negotiating an Inner West Gambling Harm Minimisation Compact based on the following points:

a. Engaging a high profile ambassador for promoting harm reduction

b. Improved training for staff in venues provided by the industry

c. Targeted support from Office of Responsible Gambling.

BACKGROUND

Notice of Motion (C0818 (1) Item 35) Gambling Harm Minimisation:

THAT Council:

Convene an Inner West Gambling harm minimisation round table with representatives from the Alliance for Gambling Reform, experts in gambling harm minimisation, local clubs and pubs, other interested organisations and Councillors. The aim of the round table would be to discuss making a local gambling compact with local strategies we as a community could agree on to reduce the problem gambling and assist those who experience this problem.

A Gambling Harm Minimisation Mayoral forum was held on 7 November 2018 with key stakeholders from the Alliance for Gambling Reform, local hotels and clubs, Clubs NSW, Australian Hotels Association, Bet Safe, a leading academic, and Council officers. Participants outlined a range of perspectives on the issue of gambling harm minimisation. Participants discussed three elements that might be included in a compact and committed to further work on these options. This report provides a brief summary of key issues from the meeting and a potential approach for a compact for 2019.

INTRODUCTION

Gambling is a lawful activity and Australians are the world’s most prolific gamblers.

The most popular form of gambling is the purchase of a lottery ticket – almost 30 % of Australians reported spending money on lottery games, like Powerball or Oz Lotto, in a typical month. Just 8% of Australians report spending money on poker machines, 6 % on the horses and 3% on other sports betting. Last year Australians lost nearly $24 billion to gaming, more than half on poker machines at pubs and clubs across the country. 39% of Australians aged 18 years or older are estimated to engage in at least some form of gambling activity on a regular (at least monthly) basis.

8 per cent of Australian adults report some form of adverse consequence from gambling including almost 60 per cent of this group, for example, report at least sometimes betting more than they can afford to lose, and almost 40 per cent admitted to at least sometimes thinking they might have a gambling problem. 200,000 Australians are problem gamblers.

Men, Indigenous Australians, people with lower levels of educational attainment, and unemployed job seekers are all more likely to be problem gamblers.

Gambling with machines in Australia is generally declining in terms of numbers participating, except in NSW, where modest increases are being experienced. The single biggest decline in machine gambling is attributed to the ban on smoking in licensed venues, explaining directly renovations to hotels to enable outside smoking area, often with gambling machines.

Losses on machine gambling are generally declining Australia wide, including in NSW, although NSW is still the highest nationally. The amount lost per poker gambler (in pubs and clubs) in both NSW and Victoria is around $3,500 per year, or around $65 per week. The ACT sits at around $3,000 per gambler per year, followed by the NT and Tasmania at around $1,500 per year. To put this in some perspective, the average Australian adult spent $1,245 on electricity and gas in 2014-15.

SUMMARY OF ISSUES RAISED IN THE MAYORAL FORUM

The following key issues were raised during the Mayoral Forum:

· Every staff member who works in gaming is required to undergo responsible conduct of gambling course. This aims to develop the skills to offer gambling in a responsible way, and comply with state regulation.

· Every club and pub required to have responsible gambling program. Activities include self-exclusion, immediate 24 hour phone gambling counselling and support.

· Clubs and pubs make a significant contribution to the economy of the Inner West.

· There has been an approximate 70% reduction of gaming floor space in hotels in the Inner West since 2001. State average over that time is 10% reduction

· There are 92,000 poker machines in NSW outside of casinos

· Inner West clubs rank 19 of 103 for poker machine losses, and 18 of 103 for number of machines

· Inner West pubs rank 7th for poker machine losses and 2nd for number of machines.

· Although the total number of machines is decreasing, the losses are increasing.

· Losses in last 12 months in Inner West have increased 12 %

· Clubs are doing very well, their losses are falling

· There's no one single solution, gambling is very complex problem

· Pathways into counselling are critical

· Harm minimisation requires a better conversation about gambling in the public domain. There is too much victim blaming. The blame is often placed on the gambler experiencing harm, not the industry providing the machines.

· Local government is not the consent authority for gaming machines

POTENTIAL ELEMENTS OF A GAMBLING HARM MINIMISATION COMPACT

There was broad agreement at the forum of the importance of reducing stigma associated with those who are experiencing gabling harm, of raising awareness of the issue and of encouraging people to seek support with gambling issues early.

There was considerable discussion of what actually works to reduce harm. It was argued that there was there was a role for venue management to support staff to be proactive and engage with gamblers, exploring sign of emotional distress in a non-judgmental manner and refer people for support as appropriate. It was argued that there are elements of corporate social responsibility and customer service that might be argued to be behind such a renewed approach.

There was also an appetite for exploring the following elements:

1. High profile ambassador promoting harm reduction

ClubsNSW have developed a campaign that Nathan Hindmarsh leads as the ambassador. The tag line is: If it's not fun anymore, it's ok to ask for help. Mr Hindmarsh speaks to groups about his personal experience with gambling, how he got help, about looking after mates, and not being afraid to own up to needing help. ClubsNSW can deploy the campaign in the Inner West perhaps in conjunction with school or sports events, along with council.

2. Improved training for staff in venues

A new training package is being developed at the University of Sydney for venue staff. It aims to ensure that staff are well trained not just to identify signs of gambling harm, and to learn skills on how to interact with customers in a non-judgemental way. The onus is placed on corporate responsibility where venue operators shift the focus away from the issue of problem gambling to customer service. Current training imparts competency for gambling and teaches the signs to look at for, but doesn't give skills to respond.

3. Targeted support from Office of Responsible Gambling

The Office of Responsible Gambling has funded programs from multiple service providers across the Inner West. They are open to discussions about targeting to areas of emerging need.

CONTEXT

The most pervasive gambling method is poker machines (electronic gambling machines). The Inner West has two clubs and two hotels in the list of 100 most profitable NSW venues by gambling machine revenue. Overall poker machine numbers in the Inner West are much lower than other areas, particularly compared to the City of Sydney.

In the six months 1 December 2017 to 31 May 2018 the Inner West had 1,126 gambling machines at 17 clubs. These machines made a net profit of $28.8 million, attracting tax of $5.9 million. In the same period, the Inner West had 916 gambling machines at 56 hotels. These machines made a net profit of $40.3 million.

The role of the NSW Government and councils

In NSW, poker machines are regulated by the Government through the Office of Responsible Gambling. Section 209(3) of the NSW Gaming Machines Act 2001 prohibits Councils considering gambling in social and economic impact assessments. This provides a statutory limit on the direct influence local councils have on the number of EGMs and their associated impact in the community. Fairfield City Council is the only LGA with an EGM harm minimisation policy, although Northern Beaches is working intensively on the issue, and has released a draft EGM Harm Management Strategy for public comment. Fairfield has the largest number of poker machines of any LGA and records the biggest gambling losses in NSW (and Australia).

The Office of Responsible Gambling funds and provides a range of programs to minimise gambling harm. The Responsible Gambling Fund is funded by a levy on the Star Casino and allocates around $18 million per annum for such initiatives. The Office leads on a number of issues including:

· Gambling related signage (in seven community languages)

· Player information brochures

· Self-exclusion schemes

· Displaying clocks

· Gaming machine advertising

· Locating gaming machines and jackpot displays

· Cheques and cash-dispensing facilities

· Player reward schemes and promotional prises

· Gambling inducements

· Responsible Conduct of Gambling Training (renewal required every five years)

· Investigation of any possible misconduct, mismanagement of funds and assets

· Investigation of complaints and breaches.

FINANCIAL IMPLICATIONS

Nil additional. Council staff will assist in the development of a compact.

CONCLUSION

This report provides feedback on the Gambling Harm Minimisation Mayoral forum and the proposed features of a Gambling Harm Minimisation Compact for 2019.

ATTACHMENTS

Nil.

Council Meeting

11 December 2018

Item No: C1218(1) Item 11

Subject: Birchgrove Wharf - Accessibility Options through Yurulbin Park

Prepared By: Aaron Callaghan - Parks Planning and Engagement Manager

Authorised By: Cathy Edwards-Davis - Group Manager Trees, Parks and Sports Fields

SUMMARY

Transport for NSW have developed options to address equal access provision to Birchgrove Wharf, through Yurulbin Park. The positive and negative attributes of the options are discussed within the report.

RECOMMENDATION

THAT Council:

1. Advise Transport for NSW that it supports Option 3 as the preferred option for equal access to Birchgrove Wharf, through Yurulbin Park;

2. Requests that Transport for NSW engage Bruce Mackenzie and Associates to provide comments on the detailed design for improved accessibility and provide input into the landscaping design works for Yurulbin Park; and

3. Request that Transport for NSW reconsider the option of relocating the ferry wharf to Miklouho-Maclay Park, Grove Street, Birchgrove, should the accessibility project to Birchgrove Wharf not proceed within five years.

BACKGROUND

An award winning designed park, Yurulbin Reserve was designed by Bruce Mackenzie and Associates, landscape architects, and developed between 1972 and 1977. Bruce Mackenzie also designed the park at Illoura Point in 1970. Both parks were seminal works that demonstrated two main philosophies that would become dominant in Australian landscape architecture during the period. One was a design which was focused on creating an environment in sympathy with its natural origins using Australian native plants. The other sought to create an escape from urban pressures.

The park, originally known as Long Nose Point Park, like Illoura Reserve, incorporates a sequence of spaces, and uses natural stone elements and outcrops. The hand hewn sandstone path, the slipway, concrete walls and heavy timber elements incorporated into the design also remain as a reminder of its former commercial use. The design received the 1982 merit award of the Royal Australian Institute of Architects. In 1994 the name of the point and park was changed to “Yurulbin Point” to reflect the Aboriginal heritage of the area.

Transport for NSW (TfNSW) operates a ferry wharf at the base of the park as part of the F8 ferry route between Cockatoo Island and Circular Quay. This route operates 23 times a day Monday to Friday in each direction, 17 to 18 times a day on Saturday in each direction, and 12 to 13 times a day on Sunday and on public holidays in each direction. Patronage for Birchgrove Wharf in the financial year 16/17 was approximately 65 customers per day. A new pontoon ferry wharf, constructed by TfNSW was opened on the 24 April 2018.

Of the 32 wharves in the Sydney Ferries Network, Birchgrove Wharf is one of 10 that is not accessible. The Human Rights Commission has ruled that Transport for NSW as a provider of public transport infrastructure, has an obligation to ensure that there is a continuous accessible path of travel linking the nearest public street to the wharf. This is consistent with the requirements of clause 7 of AS1428.2 (1992).

Discussions on the provision of equal access at Yurulbin Reserve have been ongoing for a number of years. Detailed design options from TfNSW have recently been received following a ruling from the Human Rights Commission requiring TfNSW to resolve with Council an agreeable access plan within six months. This ruling was handed down in May of 2018. A copy of this ruling is provided as Attachment 2.

During the planning and construction period associated with the new wharf, discussions were initiated by TfNSW on options for equal access from the new ferry wharf to Louisa Road at the top of the park. At the outset of the discussions in 2015, prior to the new wharf build, Council officers recommended that a more suitable and /or supplementary site for the Ferry wharf would be that of the Miklouho- Maclay Park at the end of Grove Street in Birchgrove. This location would have made more practical sense as DDA compliant access can be easily achieved and importantly the site is also serviced by the 441 bus (site highlighted in Fig 1.0). This option was not supported by TfNSW due the additional travel time component that this would place on the existing ferry timetable. Council officers still believe that this is an option worth exploring further especially if Yurulbin Reserve is alienated as a construction site for the Western Harbour Tunnel.

Fig 1.0 –Yurulbin Reserve, Birchgrove Oval and Miklouho- Maclay Park

Equitable Access Options in Yurulbin Reserve

Access to the wharf is solely via a worn set of stairs, comprised of a mix of concrete steps and steps hand hewn from the sandstone bedrock. Improvement of the stairs is included with all options. Seven options, featuring a combination of lifts and graded paths for wheeled access have been considered by TfNSW and presented to Council. Attachment 1 highlights the options which have been recommended for consideration by Council. All of the options presented have impacts on the park.

All of the options presented will have impacts on the character and amenity of the park as well as its design within the landscape, which was a core principal in its design intent. At the park’s inception and design in the 1970’s accessibility was not a key design criteria. In this respect it is noted that Council is committed to achieving equal access in all of its parks where this is technically possible.

Council has an obligation to provide equity of access to the park regardless of the time or period of when it was constructed. Both TfNSW and Council have a legal compliance issue to address triggered by the wharf upgrade. Council needs to recognise in considering any design improvements for access, that both access to the ferry wharf and the park are considered in an integrated manner. These issues can’t be considered in isolation. In undertaking design considerations it is critical that the landscape qualities of the park are recognised and that the proposed access improvements provide the least impact on these qualities.

Preferred Options

Attachment 1 outlines the potential options for the site. TfNSW is promoting Option 7 as their preferred solution.

With respect to the current options presented, Council staff have two differing views. Both options provide access to the foreshore however access to the whole park is not achievable due to the differing gradients and landscape topography.

The option preferred by TfNSW (Option 7) is also supported by Council’s Community and Cultural Services team. This option includes a lift facility and an elevated path option which also leads from the top of the park to the mid lawn area. Option 7 is supported by Community and Cultural Services staff as it provides ease of inclusive access and would open up much of the bottom of the park for those with mobility impairments. This option has a larger footprint impact on the park and also impacts upon its original design intent.

It is noted that the option with the least impact on the park is that of Option 6. This option includes an inclinator car, which provides for direct accessible access to the ferry wharf. However, it does not provide access to any other part of the park. The design could be modified at the middle landing point to provide future access to the central section of the park.

The option preferred by Council’s Parks Planning and Engagement team is that of Option 3. This option provides improved access to the central area of the park as well as the ferry wharf and foreshore. In addition, it could be modified in future years to provide additional access to the park. Some realignment of the existing access to the bottom of the park will be required for maintenance vehicles.

Whichever design is recommended and supported by Council it is strongly advocated that the original park designer is engaged by TfNSW on landscape form treatments. It is critical that the original design intent of the park is not completely lost through the modification of the park through built form.

Potential Construction of Western Harbour Tunnel

In July 2018, RMS released a reference design for the proposed Western Harbour Tunnel. Should this project proceed it is likely to include a tunneled section under Balmain/Birchgrove linking to submerged, prefabricated sections under Sydney Harbor between Birchgrove and Waverton.

The reference design includes use of Yurulbin Point as a construction site providing the interface between the submerged prefabricated and the tunneled sections of the project. This activity is likely to include:

· Relocation of the existing ferry wharf to permit construction of a temporary cofferdam (to provide interface between the ‘dry” and “wet” sections of the project);

· Establishment of a temporary tunneling site and barge mooring in the harbour to the south of Yurulbin Park;

· Temporary use of Yurulbin Park for activities ancillary to the tunnel’s construction.

The project’s current timeline anticipates exhibition of the Environmental Impact Statement early in 2019 with potential completion of the project within 5 years of project approval.

The decision by the Australian Human Rights Commission requires Council and Transport for NSW to reach agreement on the design option for providing access at Birchgrove Wharf. However, should the ferry services be terminated for several years due to the proposed tunnel construction operations, it may be more economic, and better serve commuters needs, to permanently relocate the new pontoon wharf to Mikloho-Maclay Park.

Upon the end of occupation of Yurulbin Point for tunnel works, restoration of Yurulbin Park will be necessary. The restoration design should include consideration of suitable access to facilitate inclusive use of the park. Council may also consider installing a small public pontoon to provide access to water taxis, private vessels and other on-water recreation similar to the provision at our other foreshore parks.

FINANCIAL IMPLICATIONS

The cost of the proposed access improvements will be met by TfNSW.

OTHER STAFF COMMENTS

Council’s Community and Cultural Services team have been involved in discussions with TfNSW.

PUBLIC CONSULTATION

There has been nil community engagement to date from TfNSW on the proposals. It is anticipated that once Council has its own preferred position, then TfNSW will undertake community engagement on a preferred option moving forward.

CONCLUSION

The option advocated by TfNSW and also support by Council’s Community and Cultural Services Division is that of the Option 7. This option includes a lift facility and an elevated path option which also leads from the top of the park through to the foreshore. Option 7 has a larger footprint impact on the park and also impacts upon its original design intent.

Council’s Parks Planning and Engagement team recommends that Council support Option 3. This option will provide for improved access to the central area of the park as well as the ferry wharf. The option has the least impact on the original design intent and could be modified in future years to provide additional access to the park

ATTACHMENTS

1.⇩	Options for access to Birchgrove Wharf, through Yurulbin Park
2.⇩	Ruling from the Human Rights Commission requiring TfNSW to Provide an Access Plan

Council Meeting

11 December 2018

Item No: C1218(1) Item 12

Subject: Camperdown Memorial Rest ParkSafe Update on the Outcomes of Community Engagement

Prepared By: Aaron Callaghan - Parks Planning and Engagement Manager

Authorised By: Cathy Edwards-Davis - Group Manager Trees, Parks and Sports Fields

SUMMARY

This report highlights the outcomes of community engagement in relation to a public survey on community views on park safety within Camperdown Memorial Rest Park and Fleming Street Playground in Newtown. The survey results highlight that the community feel safe accessing the park after dark. However, there are significant ongoing concerns about park safety and anti-social behaviour. This report recommends that Council continue to work in partnership with the NSW Police in addressing anti-social behaviour problems at Camperdown Memorial Rest Park.

RECOMMENDATION

THAT Council:

1. Endorse the proposed location for the public toilets within the park as outlined in the report and proceed to deliver these facilities in 2019;

2. In response to the engagement survey outcomes, establishes an alcohol prohibited area in the park along Australia Street (as highlighted in Fig 1.0) and seek the NSW Police assistance in administering this area;

3. Maintain the current alcohol restrictions (9am-9pm) in other areas within the park;

4. Undertake a public education campaign within Camperdown Memorial Rest Park and Fleming Street Playground similar to the program which has been run by the City of Sydney;

5. Note the public request for increased ranger patrols in Camperdown Memorial Rest Park after dark;

6. Subject to future partner funding support or grant funding, the option of a Park Ambassador program be considered should anti-social problems continue to be a concern to park users; and

7. Proceed with the removal of the picnic shelter at Fleming Street Park.

BACKGROUND

At the meeting on the 9 October 2019, Council considered a report on issues concerning park safety within Camperdown Memorial Rest Park in Newtown and resolved the following:

1. Council undertake a community safety survey to assess community views on park safety at Camperdown Memorial Rest Park and Fleming Street Playground. The public survey will assess the following:

· Community perceptions on safety within the two park areas;

· Community ideas on reclaim the park initiatives with regards to the types of community events and means in which Council and external agencies can assist in activating the park;

· Community perceptions on the establishment of an alcohol free zone in the southern part of Camperdown Memorial Rest Park;

· Community perceptions of the impact of lighting improvements on safety in Camperdown Memorial Rest Park, including the 2018/2019 summer trial of lighting pathways only;

· Community support for increased Council presence in the park out of normal working hours as a way of activating the park, such as evening ranger patrols; and:

· Community support for the establishment of a community garden (subject to future community ownership and management) at Fleming Street Playground and the removal of the picnic shelter.

2. Council’s engagement actively includes young people who currently use Camperdown Memorial Rest Park, including working with local youth outreach organisations where required;

3. The results of the public consultation are reported back to Council no later than December 2018, with the report to include an interim assessment of the impact of the lighting trial;

4. Council implement the short term lighting improvements outlined in the report, for a trial period over the 2018/2019 summer in which only path lights within the park will be activated; and

5. Council identify options for funding future long term lighting improvements along key pathways within Camperdown Memorial Rest Park.

a. That the community survey recognise that there is well-established community support for a public toilet, and propose a location or locations for community comment;

b. That council receive a report on funding and location options for the construction of the public toilet in 2018/19 or sooner; and

c. That council receive a report on the existing after dark operations of the City of Sydney to improve safety and deter anti-social behaviour, with consideration of whether these operations could be extended to the park.

Community Engagement

Council launched a community engagement strategy to assess community concerns relating to park safety on Thursday 1 November 2018. The public survey ran through to Sunday 18 November. A total of 3,000 residents (both Inner West Council and the City of Sydney) were letter boxed informing them of the survey and directing them to Council’s Your Say Site (Refer to Attachment 1). Posters were also placed in the park itself advertising the engagement process. In addition to the residential letter drop, two intercept sessions were held in the park on:

· Friday 9 November 4pm – 6pm

· Saturday 17 November 12pm – 2pm

Youth off the Street also undertook tailored evening surveys later in the evening with young park users. The surveys were also promoted at the Inner West Council stand at the Newtown festival on 11 November 2018. A total of 1024 people visited the Council Your Say site in relation to the public survey and a total of 678 respondents completed the survey.

Survey Questions and Results

Attachment 2 provides a full graphical analysis of the survey results. In summary the key survey findings highlighted the following:

· A total of 678 respondents completed a park safe survey.

· The majority of respondents were from Camperdown

· The majority of respondents were aged 35-49 years of age.

· The majority of respondents were female.

· 99% of respondents visited the park.

· A significant number of people accessed Camperdown Park at night.

· The majority of survey respondents highlighted that they visited the park to relax and enjoy the park surroundings.

· The majority of respondents indicated that they accessed the park in the evening hours

· The majority of respondents agreed that they feel safe in the park after dark

· A total of 76% of respondents supported the proposed location for the public toilets.

· 55% of all respondents supported the removal of the picnic shelter at Fleming Street Playground and the introduction of community gardens.

In addition to the responses collated form the survey results a number of submissions were made by residents and park users on improving safety and amenity within Camperdown Memorial Rest Park and Fleming Street Playground. These responses are highlighted in the summary of submissions –Attachment 3.

Alcohol Restrictions

Currently alcohol restrictions are in place across the park from 9am-9pm. The public survey has highlighted community support for an alcohol prohibited zone (Refer to fig 1.0) along the Australia Street boundary of the park. Placing an outdoor alcohol restriction zone in this area will enable the NSW Police the option of confiscating bottles off park patrons who drink in this area. It is recommended that Council adopt such a strategy and enacted it with the support of the NSW Police. An educational strategy to educate park users about alcohol prohibited zone is also recommended moving forward.

Fig 1.0 Proposed Alcohol Prohibited Zone

Lighting

One stand out item form the public survey results was the community perception that the park needs more lighting, not less. While the vast majority of survey respondents highlighted that they feel safe in the park after dark, the vast majority of survey respondents also requested more lighting be considered especially in the playground area. Currently, Council has in place a six month trial over the summer period of having no lights on within the central greenspace area. Path areas remain floodlit and there are longer term plans to improve lighting along the main path which transverses the boundary of the playground. The works that are planned will provide a greater amount of light along this section of the park. It is not recommended to floodlight the playground at this stage but rather reassess lighting issues with the NSW Police at the end of the six month trial period.

CCTV

Video surveillance in public places is not a new theme. In many cities across the world, parks and town centers have CCTV installed to record images of people using and interacting within such spaces.

Importantly CCTV images can be used as evidence in court.

The use of CCTV can assist in the reduction of crime. However this reduction is often partnered with other initiatives, including improved lighting, Police patrols and the introduction of restrictions within parks. Council could consider the introduction of CCTV surveillance within Camperdown Memorial Rest Park. It is noted that there is no funding available for this initiative.

Park Ambassador Program

The community survey has highlighted public support for increased ranger patrols both during the day time and after dark within Camperdown Memorial Rest Park. Council’s ranger service is not trained in the area of park patrols after dark and such a proposal raises inherent safety risks to staff. Further, there is no funding available for these additional resources.

Council could consider, in the future, complementing NSW Police activities within the park through the appointment of a Park Ambassador Program. This would require appropriately trained staff frequenting parks during the day and after dark and acting as the “ears and eyes” of the park. This role could include

· regular site visits and inspections,

· offering water to intoxicated persons,

· advising park users on park rules and regulations

· reporting damage and undesirable behaviour directly to the NSW Police

· developing a relationship with local residents

· educating park users on rules and regulations

The costs of a Park Ambassador Service are likely to be significant in terms of staff recruitment and ongoing staff management costs. Given the likely cost implications it is recommended such as a proposal only be considered should partner funding become available from either the NSW Government or another funding provider. Such a scheme would need to be costed and future additional reporting would be required in this regard to determine whether such a service would have benefits for the community and what the value of these benefits would be in terms of improving community safety within parks. Park Ambassadors, as distinct from Council compliance rangers, are a common service provided by Councils in the United Kingdom with annual hours of work adjusted to seasonal periods to reflect the nature of park use.

Such a scheme would not however substitute the legal responsibilities for crime prevention which remain with the NSW Police.

Public Toilets.

A total of 76% of respondents supported the proposed location for public toilets within Camperdown Memorial Rest Park. The location proposed is highlighted below in Fig 1.1. This location is located centrally and visibly within the park and has good site lines and accessibility. The location of this facility is supported by the NSW Police. It is noted that some submissions have requested that the public toilet be located adjacent to Lennox Street where they would be located closer to the NSW Police Station. This location is immediately in the site lines of residents who live on Lennox Street. The visual issue of a public toilet directly located across the road from residential properties was also a design issue which Council officers have considered and are not supportive of. Maintaining residential amenity and views into the park is also a key park planning consideration. Given the status of the park as a former cemetery Council will still need to resolve and manage archaeological issues which may be associated with the location recommended.

Fig 1.1 Proposed Public Toilet Location Camperdown Memorial Rest Park.

City of Sydney-After Dark Operations.

Council officers have met with the City of Sydney to discuss strategies which the City undertakes to address anti-social behaviour in parks and streets. Importantly the City of Sydney does not provide front line services for dealing with anti-social behaviour within parks. The City of Sydney has taken a proactive approach in working with the NSW Police to address such problems. The City has run a number of educational campaigns including the Good Neighbourhood BBQ’s which are held in local parks to foster and encourage neighbours to get to know each other. One such event was partnered with the Inner West Council and held in Camperdown Memorial Rest Park on the 15 September 2018. In addition the City has also run campaigns aimed at educating park users on outdoor alcohol restrictions where these are in place within a street or public park. An example of a recent educational poster campaign is attached in Attachment 4. It is recommended that Council also adopt a similar education approach in Inner West Parks where such restrictions exist.

FINANCIAL IMPLICATIONS

There is an existing budget for the proposed toilet facilities. The signage and education work recommended within the report can be funded from existing budgets and delivered with existing resources.

OTHER STAFF COMMENTS

Council’s Engagement team and Community Services Project Officer have been involved in the community engagement phases of this project.

PUBLIC CONSULTATION

Community engagement:

· Youth off the Street Engagement (within the park)

· Your Say online survey – 3,000 residents notified

· Park Planning and Engagement Office engagement (within the park)

· Newtown Festival Engagement

· VIBE Committee Engagement

CONCLUSION

Extensive community engagement has been undertaken by Council in assessing community views on park safety within Camperdown Memorial Rest Park and Fleming Street Playground. The engagement outcomes have highlighted that while the community feel safe accessing parks after dark there are significant ongoing concerns about park safety and anti-social behaviour. An ongoing partnership with the NSW Police in addressing anti-social behaviour problems in the subject park areas is recommended.

Subject to future partner funding support or grant funding, the option of a Park Ambassador program and/ or CCTV could also be considered should anti-social problems continue to be a concern to park users.

The survey outcomes have highlighted significant public support for a public toilet within the park, in the location recommended by Council officers and the NSW Police.

ATTACHMENTS

1.⇩	Park Safety Survey
2.⇩	Graphical Analysis of the Survey Results
3.⇩	Submissions by Residents and Park Users
4.⇩	Educational Poster Campaign

Council Meeting

11 December 2018

Item No: C1218(1) Item 14

Subject: Pathway to Carbon Neutral Council

Prepared By: Jon Stiebel - Urban Sustainability Manager and Claudia Cowell - Coordinator Corporate Sustainability

Authorised By: Jan Orton - Group Manager Sustainability and Environment

SUMMARY

Council has resolved to become a leader in renewable energy and carbon neutral in its own operations at the earliest opportunity (C1017 Item 25).

In response, staff developed a Pathway to a Carbon Neutral Council based on a technical report by specialist consultants 100% Renewables.

The technical report has been reviewed by UNSW who concur with the report analysis and recommendations (Attachment A).

On this basis, Council staff have prepared a final draft Pathway to a Carbon Neutral Council (Attachment B) which outlines the key strategies for carbon neutrality:

1. Reduce demand for energy via an energy efficiency program (in buildings and street lights)

2. Generate renewable energy on-site (solar on Council rooftops)

3. Source large-scale renewable energy off-site (via Power Purchase Agreements)

4. Transition to a sustainable fleet over time

5. Phase out natural gas over time

6. Reduce waste and increase composting and recycling through Council’s operations

7. Manage emissions from equipment and supply chain through a whole-of-Council, long-term sustainable procurement approach

8. Offset residual emissions with genuine carbon offsets (approved under the National Carbon Offsets Standard) as a last resort

Progress has already been made in the following areas:

· New efficiency and solar projects have been identified and are ready for detailed design and procurement

· The contract to source solar power from a regional solar farm in Moree from 1 July 2019 has been signed

· Council has sustainable fleet and waste reduction practices in place to reduce fuel emissions

· A draft sustainable procurement policy is in development

This report seeks endorsement for the final draft Pathway to a Carbon Neutral Council.

In addition, this report responds to Council’s resolution of 25 September 2018 to receive recommendations on target dates for 100% carbon neutral and 100% renewable electricity (C1217 Item 18).

Based on the work undertaken for the draft Pathway, this report provides options for target dates and recommends that Council considers the following targets:

· 100% Carbon Neutral by December 2025

· 100% Renewable Electricity by December 2025

RECOMMENDATION

THAT Council:

1. Endorses the final draft Pathway to a Carbon Neutral Council for inclusion in the Draft Climate and Renewables Strategy;

2. Notes that the University of NSW has reviewed the technical report on which the Pathway to a Carbon Neutral Council is based, and found the report to be thorough, detailed, soundly based and practical;

3. Notes that the capital program for solar and energy efficiency projects will proceed to the detailed design and procurement phase with installation to commence in 2019/20;

4. Commence procurement for a second Power Purchase Agreement for renewable energy; and

5. Notes the options for target dates and endorses a 100% carbon neutral and 100% renewable electricity target date of December 2025.

BACKGROUND

Inner West Council has resolved to become a leader in renewable energy and carbon neutral in its own operations.

A Council report tabled at the 25 September 2018 meeting (C0918 (2) Item 3) provided IWC’s draft Pathway to a Carbon Neutral Council and, in particular, discussed Council’s options for off-site generation of renewable energy.

After consideration of the report, Council resolved to:

· Note the draft Pathway to a Carbon Neutral Council outlined in [the report presented to Council on 25 September 2018];

· Note the proposal to include feasible energy efficiency and rooftop solar projects for Council assets in the annual budget development process, renewal and capital works programme with ‘shovel ready’ projects that have been scoped and costed to be brought to Council for earlier consideration;

· Commission the University of New South Wales to undertake a peer review of the draft Pathway to a Carbon Neutral Council and supporting technical reports;

· Endorse staff to proceed with the assessment of options for converting the “residual load” to renewable power. This assessment should include identification of potential renewable energy procurement such as a PPA in addition to the existing SSROC buyers group, with a view to accelerating the conversion to renewable power as soon as possible;

· Receive a further report on the final Pathway to a Carbon Neutral Council in November 2018 …[including]... information on potential target dates for inclusion in the draft Climate and Renewables Strategy to achieve:

a. 100% carbon neutrality (across all corporate emissions); and
b. 100% renewable energy (across energy consumption).

This report addresses the final three points of the above resolution, and makes further recommendations for Council’s consideration.

REPORT

University of NSW Peer Review

Specialist consultancy firm 100% Renewables prepared a detailed technical report that forms the basis of Council’s carbon neutral pathway. In October 2018 the final draft of the technical report was provided to Dr. Mark Diesendorf, an Honorary Associate Professor at UNSW and Education Program Leader at the Cooperative Research Centre for Low Carbon Living.

The UNSW peer review confirmed that the technical report is thorough, detailed, soundly based and practical (Attachment A).

Dr Diesendorf also “commends Council for deciding to become one of the Local Government leaders in the transition to 100% renewable energy and carbon neutrality”.

Updated Carbon Neutral Pathway

Noting the endorsement from UNSW, staff produced a final draft Pathway to a Carbon Neutral Council (Attachment B) which provides detail around eight key strategies:

1. Onsite Energy efficiency

2. Onsite Solar on Council buildings

3. Off-site renewable energy

4. Transition to sustainable fleet

5. Timely phase out of natural gas

6. Reduce emissions from waste

7. Sustainable procurement

8. Carbon offsets as a last resort

Most of these activities result in operational cost savings over time with the exception of carbon offsets which involve an annual expenditure with no return on investment.

A draft Work Plan has been developed to guide delivery of the Pathway. This internal working document will guide staff activities and will be updated annually to reflect ongoing research and program implementation. The current draft Work Plan is attached for Council’s information (Attachment C).

Actions for progressing with onsite efficiency, onsite solar, and offsite renewables are outlined below. Activities to see Council reduce emissions from fleet, gas, waste and procurement are detailed in the attached pathway to a Carbon Neutral Council.

Details of how the offsets program could work are related to the target date Council sets for A Carbon Neutral Council and are discussed in detail below.

Onsite Energy Efficiency and Solar

A range of potential energy efficiency and solar projects for implementation at Council facilities have been identified. These will be progressed in three stages as shown in Figure 1.

Figure 1: Staging of on-site program rollout

Stage 1 - Planning and Scoping - COMPLETE

A short-list of viable projects (efficiency and rooftop solar) with an average payback of around 6 years has been developed and scoped. The short-list is in Attachment B. Funds have been secured for the capital program which is anticipated to be in the order of $1-1.5M, enabling Council to proceed to Stage 2- Detailed Design.

Stage 2 – Detailed Design - UNDERWAY

This stage will involve procurement and management of detailed design for the capital program and will build on the preliminary technical work by 100% Renewables. A specialist firm will be engaged to undertake design and more detailed assessment of technical and financial feasibility. This may result in changes to the project short-list.

Detailed design will occur between now and end June 2019 so that installation can commence in the first quarter of 2019/2020.

Stage 3 - Installation and asset management

This stage will involve procurement and management of installation, as well as planning for ongoing maintenance. Installation is expected to commence in 2019/2020. The work program is expected to extend over 4 years and will be influenced by the availability of installers and timing constraints at individual sites.

Off-Site Renewable Energy

To achieve Council’s 100% renewable target, Council will need to secure renewable electricity through large renewable power projects such as a utility-scale solar farm.

In October 2018, Council secured over 4 million kilowatt-hours of renewable power from Moree Solar Farm via a PPA. The supply is roughly equivalent to Council’s daytime electricity use and will reduce Council's carbon emissions by almost 4,000 tonnes^{^[1]} every year (equivalent to taking more than 1,000 average NSW cars off the road each year). Supply will commence on 1 July 2019.

The PPA was a landmark for local government, and is the first of such agreements in New South Wales. Staff are aware of only one other local government arrangement in Australia, namely the Melbourne Renewable Energy Project which will be supplied by Crowlands Wind Farm from 1 January 2019.

Figure 2 Moree solar farm

As per Council’s resolution, staff will now commence the process of sourcing the next renewable energy contract. At least 18 months will be required to assess legal and market constraints and undertake procurement. The next renewables contract will begin when the current retail electricity contract expires on 1 July 2022. It is likely a third source will be required to convert 100% of Council’s power to renewables.

Proposed Target Dates for 100% Renewable and 100% Carbon Neutral

The Pathway to a Carbon Neutral Council outlines the differences between 100% carbon neutral and 100% renewable. In summary, an organisation is:

· carbon neutral when its net carbon emissions are equal to zero

· 100% renewable when its electricity is supplied entirely from renewable sources^{^[2]}

Figure 3: Relationship between goals

Options for “100% renewable” target date

Council’s 100% renewable target will be achieved through:

· reducing electricity consumption through energy efficiency projects

· generating solar power on Council rooftops

· purchasing renewable electricity

As noted previously, Council has recently made a large step towards this goal by:

· Identifying a number of onsite efficiency and solar projects

· Securing solar power from Moree solar farm.

These steps will increase Council’s renewable electricity percentage to around 30%.

The next step to reach a 100% renewable target will be to purchase additional renewable power when Council’s existing electricity contracts expire. Council’s electricity contracts typically run for at least three years as medium-term contracts offer attractive prices and security of supply.

The proportion of renewable electricity can be increased each time a contract expires as shown in Figure 4. On this basis, this report recommends a 100% renewable energy target date in 2025 (FY26). Informal transitional targets have been provided to show progress over time as discussed in later sections.

Renewable energy procurement remains a complex and challenging exercise, particularly in light of significant national policy uncertainty. Renewable target dates are therefore based on current information and assumptions about the likely course of future electricity markets.

Figure 4: Potential increases in Council’s renewable electricity supply over time

Options for “100% carbon neutral” target date

Council’s 100% carbon neutral target will be achieved through:

1. reducing electricity consumption through energy efficiency projects

2. generating own solar power on Council rooftops

3. purchasing carbon-neutral renewable energy

4. long-term transition to a sustainable fleet

5. long-term phase-out of natural gas

6. reducing minor emissions from Council’s operational waste streams

7. reducing minor emissions from equipment and supply chain through a long-term sustainable procurement approach

8. offsetting residual emissions with carbon offsets (each year)

Carbon Offsets

Even after undertaking various actions to reduce carbon emissions, there will be some residual carbon that cannot be eliminated. The final step above is therefore supporting third-party carbon reduction projects through certified carbon offsets. Council essentially purchases a carbon reduction, which can be claimed by Council (not the organisation undertaking the project).

Council has expressed a preference for tangible carbon reduction projects over a reliance on carbon offsetting, as noted in the October 2017 resolution "Make the Inner West Council 100% carbon neutral by the earliest possible date, while balancing immediate actions with the need for more impactful, longer term solutions".

The Pathway therefore recommends treating offsets as a last resort after all other on-ground, tangible measures have been exhausted. The volume of offsets that must be purchased depends on the amount of residual carbon generated by Council and the target date set, see Table one.

An annual budget allocation will need to be established to purchase the required volume of offsets each year so that Council remains 100% carbon neutral.

Table 1: Estimated financial implications of selected carbon neutral target dates

Target Date	Reliance on offsets in Year 1	Estimated offset cost over 10 years (2020 to 2030)^{^[3]}
Target Date	Reliance on offsets in Year 1	Low cost (international low cost)	Mid-range cost (mix Australian and international)	Higher cost (Australian higher cost or international higher cost)
July 2019 (FY20)	Highest	190K	930K	1.8M
July 2020 (FY21)	Medium	160K	800K	1.5M
July 2022 (FY23)	Medium	110K	540K	1M
July 2025 (FY26)	Lowest	60K	288K	580K
July 2030 (FY31)	Lowest	12K	60K	120K

As shown, a target date of 2019 has a higher offset cost across a ten year period (2020-2030) as Council will not have had time to see the benefits of the onsite efficiency and solar projects and offsite procurement of renewable energy before offset purchases commence.

A target date of 2025 has a significantly lower financial impact as it allows Council time to implement all other actions and reduce carbon emissions through tangible projects before offsetting.

This report recommends a target date of December 2025, as this will reduce dependence on offsets. Figure 5 illustrates the approach, showing the anticipated roll-out of tangible carbon reduction projects, and offset purchases in FY26.

It is important to recognise the program illustrated in Figure 5 is based on a series of assumptions around project timings, (Table 2). This includes commercial matters that are partially outside Council’s control.

Table 2: Assumptions in Figure 5

Project	Assumptions
PPA (#1):	Offsite solar from Moree solar farm from 2019/2020
SLIP (#1)	Efficiency in residential street lights in 2019/2020 and 2020/2021
Capital works:	Onsite rooftop solar and energy efficiency projects
SLIP (#2):	Efficiency in main road street lights in 22/23 (yet to be planned/funded)
PPA (#2):	Additional offsite renewable power from 2022/2023
PPA (#3):	Supply of remaining renewable power from 2025/2026
Offsets:	Offsetting residual carbon from 2025/2026 onwards

* SLIP = Street Lighting Improvement Program, PPA = Power Purchase Agreement

Figure 5: Pathway to 100% Carbon Neutral in FY26

Summary of Proposed Target Dates

The proposed targets seek to achieve carbon neutrality and a switch to fully renewable electricity as quickly as possible while reducing reliance on carbon offsetting. Proposed target dates are:

· 100% Carbon Neutral by December 2025

· 100% Renewable Electricity by December 2025

These end point targets would be included within the Draft Climate and Renewables Strategy for consideration by Council in the third quarter 2019/2020 prior to public exhibition.

Transition targets have been identified for the interim years as shown in Figure 6. These would be informal goals which could be used by Council to track progress.

Figure 6: Transition to 100% carbon neutral and 100% renewable

FINANCIAL IMPLICATIONS

The Chief Financial Officer has provided the following advice on the financial implications of the Pathway to a Carbon Neutral Council:

1. Funding for the Street Light Improvement Program for residential roads (SLIP #1) has already been allocated in the Council budget.

2. Funding for the solar and energy efficiency projects (Capital Works) is available in the environmental reserves, and will be managed by the Environment and Sustainability Group.

3. The Environment and Sustainability Group 2018/2019 budget includes an unspent $100,000 allocated to solar farm feasibility, which will be re-directed to technical and legal background work for Council’s next renewable energy PPA as well as project scoping, planning and specifications for onsite capital works.

4. If the solar and energy efficiency projects generate real budget savings (against the current Long Term Financial Plan (LTFP)), Council can resolve to fund future efficiency and renewable energy projects from these budget savings.

5. Council is currently working with SSROC to establish the budget for the Street Light Improvement Program for main roads (SLIP #2). This work has not yet been funded and will be reported back to Council as that project progresses.

6. Offset purchases are not yet funded. The annual offset cost will depend on

· the target dates selected by Council

· whether the projects described in this report deliver the carbon savings estimated

· offset market prices at the time of purchase.

The renewable energy contracts (the PPAs) are treated as cost neutral for the purpose of this report. PPA#1 with Moree Solar Farm was established on the basis that the rates offered were lower than the current electricity contract, and that it would offer Council some cost savings over the life of the contract compared to predicted market rates. Similar arrangements will be sought for PPA#2 and PPA#3, however this will depend on the electricity market at the time of contracting.

OTHER STAFF COMMENTS

Internal and external stakeholders have been consulted throughout the technical work associated with this project.

A Project Control Group (PCG) was formed and has met at three key points in the project. PCG members are:

· Deputy GM Assets and Environment

· Deputy GM Finance and Administration

· Group Manager Environment and Sustainability

· Manager Urban Sustainability

· Group Manager Properties Major Projects and Facilities

(represented by Manager Facilities)

· Group Manager Procurement and Fleet

· Group Manager Recreation and Aquatics

· Group Manager Finance

· Group Manager Library and History Services

Stakeholders involved in developing and reviewing the list of on-site projects included:

· Group Manager Community Services and Culture

· Group Manager Library and History Services

· Group Manager Recreation and Aquatics

· Group Manager Parks Trees and Sportsfields

· Group Manager Procurement and Fleet

· Group Manager Roads & Stormwater

· Manager Fleet Management Services

· Manager Parks Capital Works Manager

Stakeholders involved in detailed discussions around the off-site renewable projects were:

· Deputy GM, Chief Financial and Administration Officer

· Deputy GM, Assets and Environment

· Group Manager Environment and Sustainability

· Manager Urban Sustainability

PUBLIC CONSULTATION

The members of the former Environment Strategic Representation Group were briefed on the overall approach on 21 June 2018.

ATTACHMENTS

1.⇩	UNSW Peer Review
2.⇩	Final Draft Carbon Neutral Pathway
3.⇩	Draft Work Plan

Council Meeting

11 December 2018

Item No: C1218(1) Item 15

Subject: Balmain Leagues Club Precinct Development Control Plan Amendment

Prepared By: Leah Chiswick - Executive Strategic Planner

Authorised By: David Birds - Group Manager Strategic Planning

SUMMARY

An application has been received, on behalf of the owner of the Balmain Leagues Club Precinct, to amend the site specific provisions under Leichhardt Development Control Plan 2000 (DCP 2000).

A thorough review of the proposed amendments and supporting documentation has concluded that the Proponent’s scheme does not achieve acceptable urban design, heritage or Environmentally Sustainable Design (ESD) outcomes. The key concerns of Council’s urban design consultants that remain outstanding are:

· the lack of an upper-level setback of the proposed towers, and

· the shaping of the towers and the height of the northernmost tower resulting in significant overshadowing of the future town square.

However if the Council Officer’s recommendations discussed in the report are incorporated into the DCP amendments it will result in an improved planning framework for the Rozelle site and is worthy of support.

A reduction in building height towards the north will also respond to the sloping topography of the site and reduce the tower’s scale and lead to an improved urban design outcome. These changes will achieve vastly superior public benefits particularly with regard to the amount of sunlight and amenity of the proposed town square at the centre of the site. The proposed changes do not significantly modify the overall gross floor area given the size of the overall FSR of the site is 3.9:1. No changes are proposed to the floor space ratio (FSR) controls contained in the Leichhardt Local Environmental Plan 2000.

This report seeks endorsement of the preparation and exhibition of amended DCP provisions for the site that align with the recommendations of Council’s independent reviews.

RECOMMENDATION

THAT:

1. Council endorse the preparation of amended development control plan provisions for the Balmain Leagues Club Precinct under Leichhardt Development Control Plan 2000 that reflect the recommendations of the urban design and heritage analysis undertaken by Conybeare Morrison (CM+) and the peer review undertaken by SGS Economics & Planning;

2. Once prepared, the amended development control plan be exhibited for a minimum of 28 days in accordance with the Environmental Planning and Assessment Regulation 2000 in early 2019; and

3. Following exhibition, a report on the revised development control plan and any submissions be presented to the Council for consideration.

BACKGROUND

In March 2018, Council received an application from Heworth Pty Ltd C/o Mecone Pty Ltd to amend the DCP 2000 as it applies to the Balmain Leagues Club Precinct (shown in Figure 1 below), comprising:

· 138-152 Victoria Road, Rozelle

· 154-156 Victoria Road, Rozelle

· 697 Darling Street, Rozelle

· 1-7 Waterloo St, Rozelle

Figure 1: Excerpt from DCP 2000 depicting the land to which it applies

The DCP amendment seeks to give effect to the Proponent’s 2018 masterplan for the site.

A development application (DA) was lodged in May 2018 and placed on public exhibition from 12 June to 11 July 2018. The DA proposes:

· Demolition of existing buildings

· Remediation of the site

· Construction of a mixed use development comprising:

- Three buildings along Victoria Road 12 storeys in height. Residential accommodation at the upper levels and retail, commercial and Balmain Leagues Club at the lower levels;

- 2-3 storey buildings along Waterloo Street which incorporate live/work spaces and affordable housing;

- Public town square in the centre of the development;

- Three laneways (Tigers Lane, Darling Lane and Heritage Lane) which connect Victoria Road, Waterloo Street and Darling Street;

- Speciality retail and supermarket;

- Reinstatement of the façade to 697 Darling Street; and

- Two basement levels with Basement 1 accessible via Victoria Road and Basement 2 accessible via Waterloo Street.

The assessment of the DA is currently on hold, awaiting the outcome of the review of the proposed DCP amendment.

Site history

The site has a complex history, particularly since late 2005 when a masterplan for the redevelopment of the site was submitted to Council. The table below presents key events.

August 2008	LEP 2000 and DCP 2000 amended to incorporate the current site specific controls. Voluntary Planning Agreement negotiated between Council and the land owner and subsequently registered on title.
July 2010	Development application (D/2009/352) refused by the Joint Regional Planning Panel (JRPP) · FSR of 3.9:1 and a maximum height of 12 storeys · 145 dwellings · Retail shops, restaurants, supermarket and commercial offices, public plaza, leagues club and a new infill building on Darling Street · 6 basement levels with 550 parking spaces · Construction of a pedestrian bridge across Victoria Road, located partly on Rozelle Public School. Refused on the basis of non-compliance with the FSR and height controls, excess bulk and scale, and traffic.
April 2014	Major Project Application (MP11_0015) refused by the Planning Assessment Commission (PAC) · FSR of 4.5:1 · Three storey podium with two towers of 20 and 24 storeys · 247 residential apartments · Retail floor space (10,982sqm) including a supermarket · A new Balmain Leagues Club · Child care centre, medical centre and commercial office space · 488 on site car parking spaces Refused for the following reasons: · adverse impacts on the operation of the surrounding road network; · adverse impacts on bus services, including significant increased travel times for routes along Darling Street; · vehicles unable to exit the site in a safe and efficient manner; and · development not considered to be in the public interest.
11 August 2015	The former Leichhardt Council resolved to forward a planning proposal to the Minister for Planning seeking to: · Zone the site B2 Local Centre under Leichhardt LEP 2013 · Reduce the FSR to 1.9:1 · Reduce the height to 6-8 storeys
14 August 2015	Development application (D/2015/438) lodged: · FSR 3.9:1 · 12 storey mixed use tower with 9525sqm of retail, 1466sqm of commercial and residential apartments · 8 storey mixed use tower with the Balmain Leagues Club (3658sqm) and residential apartments · Total of 135 apartments · 5 levels (including mezzanine) of basement car parking accommodating 369 cars · Central plaza with access from Victoria Road, Darling Street, Waterloo Street, with at-grade access to the towers · A pedestrian bridge across Victoria Road
October 2015	Department of Planning and Environment issued a Gateway determination that the planning proposal not proceed, citing the following reasons: · The significant reduction in development potential for the site is inconsistent with A Plan for Growing Sydney and its potential to contribute to the renewal of the identified Parramatta to Sydney CBD via Ryde urban renewal corridor. · The planning proposal does not provide compelling justification for a reduction in development capacity, particularly when considered against the advice of the Planning Assessment Commission in its April 2014 refusal of a Part 3A development application for the site. Council appealed the decision to the Planning Assessment Commission, who supported the Department’s determination that the planning proposal not be supported.
September 2016	Land and Environment Court dismissed an appeal against the deemed refusal of D/2015/438. The Court’s refusal was justified on the following grounds: · Non-compliance with the site specific objectives of the LEP; · Design of the proposal does not demonstrate that it will contribute to the vibrancy and prosperity of the Rozelle Commercial Centre or provide a high quality transition to the existing streetscape; · Unacceptable traffic, solar access and cross ventilation outcomes; · Design of the pedestrian bridge; and · Lack of evidence that the area to be provided for use by the Balmain Leagues Club will promote its long term viability.
March 2018	Current application lodged to amend the site specific DCP controls
May 2018	Development application D/2018/219 lodged · FSR 3.88:1 · Retail 0.69:1 – 5,093sqm, including 2,886sqm supermarket · Club 0.41:1 – 3,010sqm · Residential 2.53:1 – 173 units · Commercial 0.24:1 – 1,251sqm · 275 car parking spaces

Current controls

Leichhardt Local Environmental Plan 2000 (LEP 2000) applies to the subject site. The site is zoned ‘Business’ and Schedule 1 (Additional uses and controls for certain land) includes site specific controls for the Balmain Leagues Club Precinct site. These include the following objectives:

a) the development integrates suitable business, office, residential, retail and other uses so as to maximise public transport patronage and encourage walking and cycling,

b) the development contributes to the vibrancy and prosperity of the Rozelle Commercial Centre with an active street life while maintaining residential amenity,

c) the development is well designed with articulated height and massing providing a high quality transition to the existing streetscape,

d) the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle,

e) any residential development at street level has a frontage to Waterloo Street, Rozelle and, when viewed from the street, has the appearance of no more than three storeys.

The Schedule establishes the following maximum floor space ratios (FSRs) for the site:

FSR Components
Shops FSR	1.3:1
Commercial premises FSR	0.2:1
Clubs FSR	0.5:1
Residential development FSR	1.9:1
Overall FSR	3.9:1

Schedule 1 also specifies maximum heights on the site:

a) in relation to a building on the site that is less than 10 metres from Waterloo Street – maximum building height of 12.5 metres,

b) in relation to a building on the site that is less than 36 metres from Darling Street – maximum building height of 52.0 metres relative to the Australian Height Datum or two storeys,

c) building height on the site not to exceed a reduced level of 82.0 metres relative to the Australian Height Datum or twelve storeys

Leichhardt Development Control Plan 2000 (DCP 2000) includes site specific controls for the Balmain Leagues Club Precinct which reflect the following objectives:

· To provide a planning and urban design framework that guides the redevelopment of the Balmain Leagues Club Precinct.

· To enable the redevelopment of the Balmain Leagues Club Precinct as a consolidated parcel.

· To encourage well designed development with articulated height and massing.

· To promote development that links to and contributes to the ongoing vibrancy and viability of the Rozelle Commercial Centre.

· To promote the long term viability of the Balmain Leagues Club on the site, for the benefit of the local community.

· To promote low and moderately priced housing through a mix of dwelling types.

· To ensure an integrated and well designed public domain environment that supports the existing Rozelle commercial area.

· To promote ecologically sustainable development.

The DCP includes layout and massing provisions, largely reflected in the following height map.

Figure 2: DCP 2000 Height Map

This is supported by a map depicting setbacks from boundaries, upper level setbacks and building widths.

The DCP states that land uses on the site shall include:

· Commercial

· Retail including a supermarket and fresh food market

· Restaurants and cafes

· Residential

· Car parking

· Leagues Club

· Plaza and other accessible spaces

Proposed amendments

Prior to lodgment of the DCP amendment, preliminary meetings were conducted between the Proponent and Council officers and a written response was provided in relation to urban design concepts. The response by Council officers in February 2018 noted that any proposal to amend DCP 2000 must be justified by technical analysis demonstrating strategic merit and compliance with the site-specific provisions contained in LEP 2000. Specifically, the Proponent was advised that any proposal to amend the DCP should consider:

· Traffic impacts;

· The ongoing vitality of businesses along Darling Street;

· The appropriateness of the pedestrian bridge and alternative works that may be delivered through a Voluntary Planning Agreement (VPA);

· The return and retention of a viable Balmain Leagues Club;

· Built form and urban design;

· Affordable housing; and

· Environmental and design excellence.

With regard to the Council officer feedback that the Proponent’s amendment must demonstrate compliance with the site-specific provisions of LEP 2000, it should be noted that both the Proponent’s scheme and the alternate scheme prepared by Council engaged consultants (discussed later in the report) include more residential development than permitted under the LEP (1.9:1) while being consistent with the overall FSR of 3.9:1. While the DCP is silent on FSR, the building envelopes informing the DCP amendment and its review are based on floor plates comprising specific land uses, hence the variations are evident.

The Proponent’s masterplan includes a reduced retail component with an FSR of 0.69:1, well within the 1.3:1 FSR permitted for ‘shops’ under LEP 2000. Their submission states that “changed retail and Club footprints, as well as reduced parking rates, means that the proposed scheme is able to meet the trip generation budgets”. Traffic consultants engaged by Council have confirmed that increased retail floor space on the site would result in unacceptable traffic impacts.

It is apparent that a scheme that aligns with the maximum FSRs outlined in LEP 2000 would not be viable from a traffic impact perspective. The assessments of previous development applications for the site reinforce this.

The DCP amendments sought by the Proponent’s original submission are outlined in the following table. The amendments largely relate to enacting the Proponent’s masterplan for the site, in particular the building envelope and location and configuration of the public domain. Objectives and rationales associated with the DCP controls are proposed to be retained.

DCP Control	Proponent’s proposed amendment
1.4 General Objectives	Objectives to be retained
1.5 Layout and Massing	Objective, Rationale and Design or Planning Principles to be retained. Controls to be amended as follows: · Layout and massing to reflect the revised scheme; · Setbacks to reflect the revised scheme; · Additional control inserted requiring that the built form “demonstrate design excellence, uniqueness, innovation and celebration of the local character and heritage”.
1.6 Land Use	Objective and Rationale to be retained. Planning Principles and Controls to be included/amended as follows: · Identify the commercial uses to be encouraged – collaborative and creative work spaces; · Encourage speciality retail which will complement the Rozelle commercial centre; · Removal of pedestrian bridge given objection from Department of Education and Roads and Maritime Services; · Removal of free home delivery from all shops as there is no guarantee to provide this through planning controls; · Control inserted to encourage innovative design measures to reduce noise and air pollution inside buildings; · Community bus to be provided and operated by the Club; · The control relating to the noise sensitive areas (such as bedrooms) being located away from noise sources has been removed.
1.7 Building Language	Objective and Rationale to be retained. Planning Principles and Controls to be included/amended as follows: · Revision of articulation zones; · References to controls now covered by the Apartment Design Guide removed.
1.8 Development within the Conservation Area	Objective and Rationale to be retained. The planning principles relating to the properties fronting Darling Street have been revised to retain the street frontage of 697 Darling Street and remove 1 Waterloo Street to facilitate the pedestrian link between Darling Street and the Town Square (the DCP currently allows demolition of both buildings with retention of contributory features).
1.9 Public Domain and Town Square	Objective and Rationale to be retained. Planning Principles and Controls to be included/amended as follows: · Removal of pedestrian bridge reference; · Controls for the following items to be included: - Footpath upgrades and landscaping to the public domain; - The areas and locations of the laneways/through site links, Town Square, landscaped forecourt, active frontages, communal open space and deep soil landscaping; - Uncovered/covered areas for the public open space.
1.10 Access and Management	Objective, Rationale and Planning Principles to be retained. Controls to be removed to reflect the proposed amendment to the public domain and Town Square.
1.11 Traffic Management	No amendments proposed.
1.12 Parking	No amendments proposed.
1.13 ESD Measures	The following Environmentally Sustainable Development (ESD) measures are proposed to be inserted: · 20% reduction if greenhouse gas emissions; · Renewable energy generation via solar (to house services); · 30% reduction in peak electricity demand (to house services) using solar above; · 30% reduction in water consumption (to house services); · 15% of water delivered (to house services) by non-potable sources including rainwater or recycled water.

The building envelopes facilitated under the existing DCP are shown in Figure 2 (DCP 2000 Height Map) above, while the Proponent’s desired scheme (as amended following Council consultant/officer feedback) is shown below in Figure 3.

Figure 3: Proponent’s proposed height and massing

Peer reviews

To inform Council’s assessment of the proposed DCP amendment, external independent consultants were commissioned to undertake the following peer reviews:

- Economic impact (Attachment 1)

- Traffic impact (Attachment 2)

- Urban design and heritage impacts (Attachment 3)

In accordance with Council’s Fees and Charges, the costs associated with the peer reviews were borne by the Proponent.

Traffic and transport

Traffic consultants, Arup, were engaged to review the transport and traffic circumstances likely to be created by the proposed scheme. The methodology employed by Arup included:

· Review and update of the base year traffic model developed by Ason Group (the Proponent’s traffic consultants) for the local area network;

· Development of traffic generation and distribution for the proposed development;

· Traffic assessment of the implications of the proposed development.

In order to conduct this review, Arup examined the proponent’s model in relation to:

· Convergence and Calibration;

· Travel Time Validation;

· Assumptions and scenarios (including trip generation, trip distribution/route assignment).

Arup’s analysis was carried out with the understanding that no kerbside parking spaces should be removed from Darling Street, Rozelle and that any future spare capacity on Victoria Road (resulting from construction of the Iron Cove Link) would be used to improve the sustainable transport network and to provide opportunities for public domain improvements, rather than being used to accommodate increased traffic flow.

Arup’s review of the Proponent’s model determined that it generally conformed to the RMS Traffic Modelling Guidelines, however several minor modifications were suggested and the model modified accordingly:

· Inclusion of increased dwell times (time to pick-up/set-down passengers) for westbound buses;

· Slight increases in the trip generation rates for retail, club and residential uses; and

· Some minor coding variations within the model.

The model was recalibrated, revalidated and run with the revised assumptions. Outputs from the revised model were then reviewed and indicated that:

· The development scenario was generally found to result in only minor increases in average delay and density across the network, resulting in a slight reduction in average speed;

· In general, relatively small increases (satisfying the <10% criteria that has been used throughout previous studies for this site) were recorded for most travel time routes. Exceptions to this include:

- Route 1 (Victoria Road westbound) and Route 4 (Darling Street northbound) recorded 11% and 15% travel time increases respectively during the PM peak hour. Modelling shows the key constraint for each of these routes is the central intersection of Victoria Road and Darling Street. Movements associated with these routes operate in opposing traffic light phases which makes it difficult to improve travel time for both routes concurrently without delaying the other route.

- Route 7 (Terry Street northbound) and route 8 (south-west bound from Wise Street to Victoria Street via Wellington Street) showed travel time increases in excess of 10% in a number of the modelled peak periods, but most notably in the Saturday midday scenario. This however was based on relatively low numbers of vehicles travelling along these routes.

It should be noted that while the model indicated that the individual sections of certain routes mentioned above experienced increases of greater than 15%, it was considered that the short length of these sections and often small number of vehicles were likely to reduce the model’s accuracy at these individual locations, consequently the analysis has focused on likely impacts for complete routes rather than individual sections.

Additionally, while latent demand was not recorded for any tested scenario it was considered unlikely to significantly vary the model’s outputs.

In summary, analysis of the revised model indicated that, in relation to transport and traffic implications, the current proposal can be anticipated to result in generally acceptable increases in delay/congestion on the adjacent road network, when considered in the context of likely future conditions on the adjacent road network.

Economic impact

SGS Economics and Planning were engaged to consider:

· The suitability of the proposed retail and commercial floor space indicated in the masterplan, in terms of both quantum and location;

· Impact on existing centres, particularly Rozelle and Balmain;

· Position of the Region and District Plans in relation to commercial and retail development in the area; and

· Any potential modifications of the proposed amendments.

SGS undertook an assessment and review of the evidence presented in the Economic Impact Assessment prepared by Location IQ (Proponent’s consultants) and concluded that overall the assumptions and assertions are supportable or acceptable. SGS also undertook their own retail impact assessment to test the trade diversion effects of introducing new retail floorspace.

In summary, SGS concluded that the quantum and mix of retail being proposed is warranted for the following reasons:

· The site is located within an established retail centre, generating potential co-location benefits, reducing the need for vehicular travel and (potentially) greater integration within this centre.

· There is an undersupply of retail floorspace in the local economy, particularly in terms of full-line supermarkets.

· Expected population growth will exacerbate this undersupply.

· There is policy support for increased floorspace (including retail) in established centres across Metropolitan Sydney under the Greater Sydney Commission’s Central City District Plan to meet the impending population growth.

· There is no demonstrably significant trade diversion effect on any other centre (largely due to the supermarket undersupply in this area).

SGS considered the provision of commercial floorspace reasonable, but advised that thought should be given to which businesses it is likely to attract and what floorspace layout they require.

The most significant concern arising from the review of the Proponent’s EIA and the proposed scheme for the site is the potential dislocation from the remainder of the established centre. In response, SGS made the following insights and recommendations for integrating the development of the site with the rest of the centre:

· Consider better integration of the specialty shops with Darling Street, maximising the vitality of the corner where Heritage Lane meets Darling Street;

· The masterplan identifies that the northern and southern frontages of the Town Square are to be activated with retail of some sort. This will likely be an attractive space and, given its direct line of sight to Darling Street, will retain visual connection important in drawing people out of the square and into Darling Street itself;

· There is a risk that prominence along Victoria Road may jeopardise retail trade along the southern portion of Darling Street by dragging foot traffic directly to the site rather than past the exiting Darling Street frontages;

· Placing the supermarket below ground is acceptable even though it creates some risk of visitor self-containment;

· A supermarket at ground level would still be internalised in the development and would not provide direct visual access to Darling Street. Visual amenity and activation in the Town Square would also be reduced.

Urban design and heritage

Conybeare Morrison (CM+) were engaged to undertake an urban design and heritage analysis, with the heritage input provided by Extent Heritage. The adopted methodology was as follows:

· Peer review of the documentation submitted by the Proponent, including:

- Masterplan

- Proposed DCP amendments

- Statement of Heritage Impact

- SEPP 65 Design Verification Statement

- Development Application Design Report

· Urban design and heritage analysis

· Consideration of traffic and economic peer reviews

· Identification of site opportunities and constraints

· Development of key urban design principles

· Development of alternate precinct masterplan options

· Assessment of the appropriateness of potential built form scenarios in terms of urban design considerations

· Preparation of urban planning and development controls for the precinct

The urban design and heritage reviews acknowledged that the Proponent’s scheme had a number of positive outcomes, including:

· Concentrating the height adjacent to Victoria Road and away from the surrounding low density residences;

· Incorporation of vertical recesses to make the tower building read as three towers;

· Improved site permeability and activation;

· Good sized and well-proportioned Town Square that is connected to adjoining streets;

· Building scale and grain along the Waterloo Street frontage provides a successful response to the streetscape and demonstrates heritage sensitivity.

Notwithstanding, the following issues and missed opportunities were identified:

· Relationship with Victoria Road in terms of scale, activation and pedestrian environment;

· Victoria Road street wall undermined by significant building setbacks at podium level;

· Design and form of the tower building contrasts significantly with the surrounding character;

· Inadequate solar access to the proposed town square;

· Redevelopment potential of adjacent lots to be constrained by nil setbacks;

· Lack of consideration of potential future integration of the public domain with that of adjoining sites;

· Opportunity for north-west pedestrian connection not considered;

· Apartments to have compromised amenity due to limited opportunity for cross ventilation, solar access and visual and acoustic privacy; and

· Development to respond to the existing local character in terms of scale, form, materials and colours, with particular regard to the adjoining HCAs and heritage items.

CM+ prepared an alternative scenario reflecting the following urban design principles:

· Maximum height for the site at 12 storeys (reflecting the site specific provisions of LEP 2000);

· Provide a two storey (10m high) street wall along Victoria Road;

· Concentrate higher built form along Victoria Road;

· Provide fine grain built form along Waterloo Road;

· Provide a Town Square within the site;

· Increase site permeability by providing a network of pedestrian laneways;

· Facilitate future integration of the proposed Little Darling Lane with the adjoining Right of Way (rear of Darling Street properties);

· Provide active frontages along Victoria Road, future laneways and Town Square;

· Provide adequate building-to-building separation distances to the adjacent properties; and

· Reuse building at No. 697 Darling Street

· The Proponent’s scheme has essentially replaced the ‘surplus’ retail floor space with residential. The alternative scenario prepared by CM+ includes a lesser residential component, yet still exceeds the maximum permitted under LEP 2000. Notwithstanding, the suitability of any deviation from the maximum FSRs contained within LEP 2000 will ultimately be considered in the assessment of the DA.

The following figures (produced by CM+, incorporating inputs from the Proponent’s urban design consultant Scott Carver) depict the current Leichhardt DCP 2000 controls; the proponent’s original scheme; and the alternative scenario from a range of perspectives.

View 1: 3D perspective

Figure 4: LDCP 2000

Figure 5: Proponent’s scheme

Figure 6: Alternative envelope

View 2: Victoria Road (Darling Street cnr)

Figure 7: LDCP 2000

Figure 8: Proponent’s scheme

Figure 9: Alternative envelope

View 3: Victoria Road

Figure 10: LDCP 2000

Figure 11: Proponent’s scheme

Figure 12: Alternative envelope

View 4: Darling Street

Figure 13: LDCP 2000

Figure 14: Proponent’s scheme

Figure 15: Alternative envelope

View 5: Darling Street (Waterloo Street corner

Figure 16: LDCP 2000

Figure 17: Proponent’s scheme

Figure 18: Alternative envelope
View 6: Waterloo Street

Figure 19: LDCP 2000

Figure 20: Proponent’s scheme

Figure 21: Alternative envelope

The following recommendations of the independent urban design and heritage analysis were presented to the Proponent’s consultants for consideration and incorporation:

· Provide a street wall height of 10m (2-storey) along the Victoria Road frontage with a setback to the tower above;

· Activate Victoria Road by building up to the street frontage and by providing active uses along the Victoria Road frontage;

· Articulate three distinctive towers with vertical recesses;

· Prioritise pedestrian movement along the Victoria Road footpath by:

- providing adequate setback to Victoria Road to accommodate the new slip lane as well as a continuous footpath of 4.5m width; and

- continuing the footpath level and finishes across vehicular entry points.

· Reconfigure the tower building height and setbacks to provide good solar access to the future Town Square at lunchtime during mid-winter. The alternative scenario by Consultancy CM+ introduces a series of tower heights stepping down Victoria Road (12 storeys, 11 storeys, 9 storeys);

· Provide minimum 6m setback to the common boundaries to comply with ADG building-to-building requirements;

· The design of proposed Little Darling Lane should be integrated with the future redevelopment of the Right of Way to the east of the site. Consider levels, columns, planters, etc;

· Provide for a future north-westerly pedestrian connection to the potential development precinct to the northwest of the site. It was resolved during the workshop (discussed below) that an acceptable alternative would be an increased setback to Waterloo Street, providing improved pedestrian amenity;

· Provide a clear street address for residential entries;

· The proponent should consider ‘The Design Context: Guidelines for Infill Development in the Historic Environment’ prepared by the Royal Australian Institute of Architects NSW Chapter and the Heritage Office with regard to scale, form, materials, colours and responding to the local character;

· The proponent should prepare perspective views from the heritage items, from Darling Street and from Waterloo Street to assess the potential impact on heritage items and the HCA.

It is noted that the alternate envelopes may appear relatively bulky as they are only envelopes but will be incorporated into specific DCP controls prior to exhibition of the DCP. It was agreed between the proponent and Council that Figure 15 will be the preferred option going forward for the Darling Street frontage.

Two workshops were conducted to proactively discuss the issues identified by the urban design and heritage peer review and its recommendations in November 2018. These were attended by Council Officers, Council’s engaged consultants and the Proponent’s consultants.

Subsequent to the second workshop, the Proponent provided a response to the urban design and heritage peer review comprising the following:

· Design response (sketch form);

· Revised draft DCP;

· Revised DCP amendment drawings;

· Written response to the peer review recommendations.

This supplementary material was reviewed by CM+ and the following was noted:

· A two-storey street wall height is introduced along Victoria Road; however, no upper-level setback has been provided for the tower elements. The cross section provided by the Proponent shows that the upper-level built form further encroaches into the Victoria Road setback by providing building articulation zone. CM+ suggests that the Victoria Road setback should be free of any built form encroaches from the upper-level building envelope. As suggested in the CM+ previous comments and during the workshops, a 3 metre upper-level setback above the podium is recommended to mitigate the scale of the proposed development.

· The ground floor uses are brought closer to Victoria Road, which is in line with the previous recommendation. The Proponent has not addressed the concern raised by Assessment Officers regarding the potential that the Club may be diminished within the overall development, especially when viewed from Victoria Road.

· The Proponent has accepted to have a 4.5m footpath along Victoria Road in the written response by Mecone.

· The Proponent has not shown the relocation of the vent and the substation in the plan.

· The Proponent fails to improve the solar access to the future Town Square. CM+ agree that locating the tower forms along Victoria Road is the appropriate urban design approach. The revised sketches marginally increase the solar access to the future Town Square; which is considered insufficient. As suggested in the previous comments and during the workshops, CM+ strongly recommend that the tower height to the north-east of the site is reduced to allow improved solar access to the future Town Square. The analysis undertaken by CM+ recommends that the solar access outcomes achieved under their alternative scenario should be incorporated as DCP requirements (minimum proportions of the Town Square to receive sunlight at certain times during the day on the winter solstice).

· A 6m setback to the south-east common boundary has been introduced in the revised sketches; and is measured from the centre line of the adjacent Right of Way (ROW). Whether the proposed 6m setback is measured from the centre line of the ROW should be determined by Council with consideration of the land title of the ROW. [Assessment officers have since advised that the setback should be provided to the property boundary, not the centre line of the ROW].

· There is no Concept Plan showing the long term public domain outcome - integrating the proposed Little Darling Lane and the ROW into a single place. However, CM+ note that the Draft DCP by the Proponent requires the Concept Plan to be provided in the DA stage.

· A 3m wide footpath is proposed along the northeast side of Waterloo Street in the revised Draft DCP by the Proponent, however this setback is not included in the sketches by Scott Carver. A revised plan and typical cross section through the Waterloo Street footpath should be provided to illustrate the proposed footpath widening.

· A control has been introduced in the Draft DCP by the Proponent to reflect need to consider ‘The Design Context’ document. However, the Proponent has not provided a revised Heritage Impact Assessment.

· CM+ note that the Draft DCP by the Proponent requires photomontages to be provided at the DA stage. Photomontages from the critical vantage points, to assess the potential visual impact, have not been provided. CM+ continues to have concerns with regard to the Architectural shaping, and material and finishes of the proposed towers. Further, as previously requested, more detail is required in regard to the design of the podium level 'Green Street Wall'.

In summary, the key concerns of Council’s urban design and heritage consultants that remain outstanding are:

· the lack of an upper-level setback of the towers,

· the shaping of the towers and the height of the northernmost tower resulting in significant overshadowing of the future Town Square.

ESD measures

The Proponent’s draft Environmentally Sustainable Development (ESD) have been referred to Council’s Urban Ecology Team for comment. Cursory review suggests that the proposed ESD measures are lacking and that more detailed provisions should be incorporated to ensure that the outcomes achieved on this prominent site align with best practice.

A viable leagues club

In support of their proposed amendments, the Proponent submitted a ‘review of changing club requirements’ (Attachment 9). It states:

In New South Wales, research indicates that an increasing focus on service diversification and more investment in services and infrastructure that better supports the needs of local communities, has led to a gradual shift away from gaming services as the major revenue source.

The review considers example clubs that have diversified their offering, before concluding:

Changing consumer taste of the younger generations and changed government regulations have all contributed to a historic declining revenue for Clubs. The examples above show that Clubs that have been successful in recent years have significantly changed their business offering to focus more on providing services that these communities want. In particular, there has been a move away from larger gaming areas, with a renewed focus on family entertainment, food and beverage and recreation services.

The footprint proposed for the Balmain Leagues Club has been driven to best align with these examples of successful, modern Clubs, that are financially viable and reflect the changing tastes of the local community.

It is noted that the NSW Land and Environment Court’s finding in relation to D/2015/483 concerning the previous DA for the site was that:

While the Court would not normally concern itself with the user of a development, because of the way LEP 2000 was prepared and the requirement in DCP 2000 to promote the long term viability of the Balmain Leagues Club on the site, it is a valid planning consideration. Furthermore, to be satisfied that this development will be promoting the long term viability of the Club, the Court should be satisfied that the GFA provided for club use will be occupied by the Balmain Leagues Club for its long term viable usage.

Pedestrian bridge

The existing DCP requires the provision of a “pedestrian bridge over Victoria Road accessed directly from the development and via lift and stairs or ramp from both sides of Victoria Road”. The Proponent’s DCP amendment removes the requirement for the pedestrian bridge.

In the appeal against the deemed refusal of D/2015/438 Council’s expert architect and urban designer opposed a pedestrian bridge over Victoria Road, taking the position that the connectivity and pedestrian amenity of an at grade crossing at Darling Street is essential for the shopping precincts on both sides of the intersection. Council’s transport planners concur with this position. It is understood that the bridge was also not supported by Roads and Maritime Services and the Department of Education.

Next steps

Consistent with their brief, architectural firm CM+ are now preparing revised controls for the site that are consistent with their recommendations and the outcomes of the workshops.

Once these are drafted and reviewed by Council officers, and appropriate recommendations of the economic and ESD reviews are incorporated, it is proposed that they will be placed on exhibition in early 2019, noting the impending Christmas/New Year holiday period. The Proponent’s material will be made available as supplementary documentation.

FINANCIAL IMPLICATIONS

In accordance with Council’s adopted Fees & Charges, the Proponent paid a fee of $15,000 for Council to consider the proposed DCP amendment. The costs associated with the Council commissioned peer reviews were covered by the Proponent.

It is proposed that the fees associated with the advertisement and notification of the DCP amendment will be sought from the Proponent prior to exhibition.

PUBLIC CONSULTATION

It is recommended that draft DCP provisions, consistent with the findings of the peer reviews, be prepared and exhibited in accordance with the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation).

CONCLUSION

It is recommended that Council endorse the preparation of amended DCP provisions for the Balmain Leagues Club Precinct that reflect the findings of the thorough review outlined in the report above. Once prepared, it is proposed that the amended DCP will be exhibited in accordance with the EP&A Regulation. A post-exhibition report, discussing submissions received and any proposed changes to the draft amendments, will be presented to Council for consideration.

ATTACHMENTS

1.⇩	Council Peer Review - Economic Impact Assessment
2.⇩	Council Peer Review - Traffic Report
3.⇩	Council Peer Review - Urban Design
4.⇩	Proponent - Amended DCP November 18
5.⇩	Proponent - Design Response to Peer Review
6.⇩	Proponent - Economic Impact Assessment
7.⇩	Proponent - Original Masterplan
8.⇩	Proponent - Traffic Report
9.⇩	Proponent - Review of changing Club requirements

Council Meeting

11 December 2018

Item No: C1218(1) Item 16

Subject: Amendment to Ashfield LEP 2013 - Heritage Conservation Clauses

Prepared By: Con Colot - Senior Strategic Planner & Projects

Authorised By: David Birds - Group Manager Strategic Planning

SUMMARY

This report seeks Council approval to carry out “housekeeping amendments” to the Ashfield Local Environmental Plan (ALEP) 2013 to delete an exempt development clause in Schedule 2 which applies to external building works within Heritage Conservation Areas and to Heritage Items. This is in order to resolve misinterpretation of the clause and prevent potential adverse work being carried without Council approval to these places which is incompatible with their heritage significance. The existing clause 5.10 of ALEP 2013 will be able to be continued to be used for carrying out minor work without requiring development consent.

Given the proposed amendment to the ALEP 2013 it is also proposed to make an amendment to subdivision clause 4.1A to ensure Heritage Items have an allotment configuration which is consistent with their heritage significance by having the required open space curtilage setting and lot size.

The report proposes Council forwards the Planning Proposal for the above to the Department of Planning and Environment and seeks delegation to become the Planning Proposal Authority for the making of the ALEP 2013 amendments.

RECOMMENDATION

THAT:

1 The attached Planning Proposal for amendments to the Ashfield Local Environmental Plan 2013, Schedule 2 - Exempt Development as indicated in the report be forwarded to the Minister for Planning for a Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979;

2 The Department of Planning and Environment be requested to delegate the plan making functions for the Planning Proposal to Council to be made the Planning Proposal Authority;

3 Following receipt of a Gateway Determination, the Planning Proposal in the form required and supporting documentation be placed on public exhibition by Council for a minimum of 28 days and public authorities be consulted in accordance with the Determination; and

4 A report be presented to Council on completion of the public exhibition which will address submissions received.

BACKGROUND

Before the Ashfield Local Environmental Plan 2013 (ALEP) the Ashfield Local Environmental Plan 1985 required development consent for all external alterations to buildings and sites within Heritage Conservation Areas (HCAs) and to Heritage Items (HIs). For very simple works the Ashfield LEP 1985 contained a clause that enabled Council to issue letters to building owners permitting such work to be carried out without requiring development consent - such as painting or minor repairs.

The exhibition of the draft ALEP, as part of the strategy of the former Ashfield Council, included an “exempt development” clause for minor alterations to external parts of buildings in HCAs and HIs. Exempt development allows work to be carried out without development approval by Council. This was in the context that there were 30 new HCAs being proposed, many additional HIs, and this initiative responded to community concerns that newly affected building owners should be able to carry out “minor work” without delay.

The Council drafted and exhibited ALEP exempt development clause is contained in Attachment 1. It had been carefully worded to ensure that it strictly applied to “minor work” and adequately described such work. For example: painting already approved painted surfaces with the same colour (e.g. fences), replacing gutters with the same type and colour, making repairs to existing rendered surfaces by reinstating what was already there, or making repairs to building components such as windows or paving or fences.

However without prior feedback or notice being given to the former Ashfield Council the ALEP 2013 was gazetted in December 2013 with the exempt development clause having been significantly redrafted by Parliamentary Counsel. This resulted in the deletion of the key restrictions and limitations contained in the exhibited Council version for minor alterations that would have fully protected the significance of those places. The following clause was included in the LEP in Schedule 2 that allows exempt development to exteriors of buildings within Heritage Conservation Areas and Heritage Items where they are classed as “minor alterations”:

ALEP 2013

Exempt Development, Schedule 2:

Minor alterations (external) to buildings comprising heritage items or in a heritage conservation area

Must only involve one or more of the following:

(a) painting, plastering or cement rendering,

(b) the repair or replacement of a non-structural wall or roof cladding,

(c) the replacement or maintenance of downpipes or roof guttering,

(d) other non-structural alterations involving plumbing, electrical works, attaching fittings, restoration and decorative work.

In January 2014 Council officers contacted the Department of Planning of Environment (DPE) and highlighted problems with the wording imposed in the LEP and the potential ambiguous interpretation given the removal of the of the Council version of the description of the works and reliance on the term “minor”.

DPE responded they would not correct this and that Council should advise the public that it only applied to “minor development” as loosely defined in the Environmental Planning and Assessment Act 1979 at the time, and for Council officers to determine what “minor development” constituted on a case by case basis. This was noted but for cautionary reasons the former Ashfield Council Planning and Environment Department insisted in the majority of cases that development applications be lodged, with the Council policy being not to charge any development application fee.

Former Ashfield Council was aware of the need to amend the ALEP 2013 to address the situation. To partly address this until such time as there was an ALEP amendment, provisions were put in the Inner West Development Control Plan 2016 (process commenced earlier in 2015 and applies to Ashfield area) in Part E1 – 1.4 to provide a definition of “minor development”, however this does not provide certainty for this process. As a result of the Council amalgamation in May 2016 the ALEP amendment has been included on the list of projects to undertake. It has also has been highlighted by Development Assessment and Regulatory Services that the ALEP amendment is required to ensure there is certainty and clear rules about what the procedures are for carrying out minor alterations without development consent, and to avoid legal disputes.

Significantly an alternate current pathway exists to enable minor alterations by property owners without a Development Application which is in Clause 5.10 of the ALEP 2013 described below.

Need for Planning Proposal

Deletion of Schedule 2 - Exempt Development clause applying to HCAs and HIs

Noting the very sensitive nature of HCAs and HIs it is necessary to ensure there is no misinterpretation or misapplication of the ALEP 2013 exemption clause, and that external alterations are carried out appropriately in accordance with the necessary heritage conservation design details. It is therefore proposed that the above “exempt development” clause be deleted from the Ashfield LEP 2013. In place of this Council will be able to continue to assist property owners to carry out minor work alterations by utilising the provisions of Clause 5.10 (3) of the Ashfield LEP 2013 as explained below.

Clause 5.10 (3) of the Ashfield LEP 2013 below enables property owners to seek an exemption from any requirements for a development application and approval by submitting a letter (or email) to Council with supporting material. As explained earlier this was a previous practise of the former Ashfield Council. For example if there was a historic fence or parts of a building that needed to be repainted or to have repair work, a property owner would submit a short descriptive letter and photograph indicating the colour. Council would then simply respond by letter (or email) that the described work was satisfactory and did not require approval.

ALEP 2013

5.10 Heritage conservation

(3) When consent not required

However, development consent under this clause is not required if:

(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area

To assist with the use and implementation of the above clause it is recommended Council develops a policy that provides clear guidance on procedures, the “minor work” it applies to, acceptable design criteria and documentation standards. This policy should be produced in collaboration with Council’s Heritage Adviser. Use and reference of numerous Ashfield area specific documents will also be able to be relied on, such as main street paint schemes for existing town centres, architectural detailing for houses and particular building styles and building components (fences, gates, verandahs etc). Council officers would also provide a report and draft policy document for Council’s consideration.

Council should also note that it has resolved (July 2017) to pursue a nomination proposal to list the Haberfield Conservation Area as a pre-eminent example of the Garden Suburb on the State Heritage Register. In this context it is important that the above ALEP 2013 clause anomalies be addressed to demonstrate that adequate controls are in place as this will be one of the considerations by the Office and Environment and Heritage for the listing.

Heritage Items and appropriate lot size

Clause 4.1A of the Ashfield LEP 2013 below was an initiative of the former Ashfield Council to increase housing supply and choice by enabling torrens title subdivision of house lots to permit semi-detached houses (i.e. one house attached to the other with a common wall), such as 500 sqm house lots divided into two lots. This was to occur within approx. 200 m of the train line so as to be within close vicinity to public transport with those locations being on “Area 1” on the Ashfield LEP 2013 Lot Size map. It was not intended that Clause 4.1A apply to HCAs or HIs.

The Ashfield LEP 2013 contains a significant omission in Clause 4.1A (below) with this clause not containing a prohibition on Heritage Item properties being able to have small lot torrens title subdivision for detached houses down to 200 sqm. Many of the HIs affected in “Area 1” are in zones where detached housing is not permissible, e.g. being parks or schools. However there are some properties in “Area 1” where the land use zoning permits detached housing. For HIs small lot subdivision cannot be consistent with the heritage significance of their site. HIs need to have the required open space curtilage setting, lot size and lot boundary position in relation to the heritage item building.

Council should use this Ashfield LEP 2013 amendment opportunity to correct this situation by adding reference to a heritage item in clause (2) below as indicated in bold underline. This would make it fully consistent with established Heritage Conservation practice.

4.1A Exceptions to minimum subdivision lot size for certain residential development

(1) The objective of this clause is to encourage housing diversity without adversely affecting residential amenity.

(2) Despite clause 4.1 (3), development consent may be granted to the subdivision of land identified as “Area 1” on the Lot Size Map that is not within a heritage conservation area, and that is not a heritage item, if:

(a) each lot resulting from the subdivision will be at least 200 square metres, and

(b) a semi-detached dwelling is or will be located on each lot, and

(c) each lot will have a minimum street frontage of 7 metres.

(3) Despite clause 4.1 (3), development consent may be granted to the subdivision of land identified as “Area 2” on the Lot Size Map if:

(a) each lot resulting from the subdivision will be used for the purpose of a dwelling house, and

(b) each lot resulting from the subdivision will be at least 174 square metres, but will not exceed 450 square metres, and

(c) the total number of lots on that land will not exceed 11.

A Planning Proposal document for the above is contained in Attachment 2 to enable Council to proceed with the LEP amendments.

FINANCIAL IMPLICATIONS

OTHER STAFF COMMENTS

Council’s long standing Heritage adviser for the former Ashfield Council area has been heavily involved in development assessments, has been consulted and advises he supports the amendments. Council’s General Counsel has been consulted in the preparation of this proposal.

The General Manager has determined that pursuant to the Local Planning Panel Directions – Planning Proposals that the LEP amendment is of minor significance - as contained in Attachment 3 and procedurally this enables Council to seek a Gateway Determination.

PUBLIC CONSULTATION

Not applicable at this stage. Public consultation will occur after Gateway Determination.

CONCLUSION

Ashfield LEP 2013 should delete in Schedule 2 - Exempt Development, the clause - “Minor alterations (external) to buildings comprising heritage items or in a heritage conservation area” as recommended in the report in order to adequately protect the heritage significance of those places.

Council should develop a policy document outlining which works can be carried without Council approval in accordance with Clause 5.10 (3) of the Ashfield LEP and procedures for this to assist property owners to make minor external alterations without development consent. This policy document should be produced in collaboration with Council’s heritage adviser. Council officers should then provide a report and draft document for Council’s approval.

Clause 4.1A (2) of the Ashfield LEP 2013 should be amended to delete reference to Heritage Items having small lot torrens title subdivision as indicated in the report.

ATTACHMENTS

1.⇩	Draft ALEP 2012 Exempt Development Clause
2.⇩	Planning Proposal
3.⇩	General Manager Declaration

Council Meeting

11 December 2018

Item No: C1218(1) Item 18

Subject: Victoria Road Precinct, Marrickville - Draft Developer Contributions Plan Update

Prepared By: David Milliken - Manager Urban Strategy

Authorised By: David Birds - Group Manager Strategic Planning

SUMMARY

The Victoria Road Planning Proposal was approved by the gazettal of an amendment to the Marrickville Local Environmental Plan 2011 (MLEP 2011) on 1 December 2017. The draft Victoria Road Precinct Development Control Plan was publicly exhibited between 8 May 2018 to 5 June 2018 and adopted by Council, as exhibited, at its meeting of 28 August 2018 (“DCP”).

Staff have been working on two key documents concurrently:

1. A Contributions Plan (CP) for the precinct, which is now largely complete. The draft CP focuses on what public facilities are required to be implemented within the Victoria Road Precinct – Precinct 47 (P47) of Marrickville Development Control Plan 2011 to ensure that the increased development can function in a practical, safe manner, in conjunction with an increase in active transport open-space links and how contributions to their funding can be collected.

2. Amendments to the DCP to address issues raised with Council at the date the DCP was adopted and to cater for the infrastructure matters identified in the CP process.

The most critical public infrastructure needs identified for the up-zoned areas of P47 are works associated with flooding and stormwater management and traffic and transport facilities. Expert studies have been carried out to identify the extent of these works which are initially estimated to be likely to cost in the region of $27 million (at current construction costs).

Once the advice is obtained and considered, the DCP amendment and CP will be finalised to take the outcomes of the advice into account and will then be reported to Council. It is anticipated that this will occur in early 2019.

RECOMMENDATION

THAT:

1. The report be received and noted; and

2. A further report on the Victoria Road Developer Contributions Plan together with an updated Draft DCP be brought to Council following the consideration of further legal advice, at the earliest possible opportunity in 2019.

BACKGROUND

The Victoria Road Planning Proposal was approved by the gazettal of an amendment to the Marrickville Local Environmental Plan 2011 (MLEP 2011) on 1 December 2017.

The draft Victoria Road Precinct Development Control Plan (DCP) was publicly exhibited between 8 May 2018 to 5 June 2018. The draft DCP was subsequently adopted by Council, as exhibited, at its meeting of 28 August 2018.

A Contributions Plan (CP) is needed for the precinct to provide a mechanism for the recovery of the costs to Council of the provision of local infrastructure improvements required by the development that was permitted by the rezoning through the MLEP amendment.

The CP will focus on what public facilities are required to be implemented within the Victoria Road Precinct – Precinct 47 (P47) of Marrickville Development Control Plan 2011 to ensure that the increased development can function in a practical, safe manner, in conjunction with an increase in active transport open-space links and how contributions to their funding can be collected.

When the CP has been exhibited and subsequently approved by Council its requirements will be applied to any development applications that are determined after its approval.

At the time of preparing this report the only significant development application that had been submitted for the precinct was the Rich Street proposal for the demolition of existing buildings and construction of commercial development containing a range of creative light industries, office premises and food and drink premises, commercial operation with associated car parking. Council’s Development Assessment team are working with the applicant and referral bodies to resolve various issues such as building design, traffic and flooding prior to finalising the assessment of the application which will be determined by the Sydney Eastern City Planning Panel.

Any further major development applications that are lodged with Council for this precinct are anticipated to have a determination time frame of at least six months depending on the complexity and the requirements to obtain concurrence from state government bodies.

2. COMMENT

Developer Contributions Plan

The preparation of a draft CP has been largely completed. In finalising the draft CP and the associated DCP amendment, Council’s General Counsel has identified that there may be both practical and financial issues associated with land dedications that will be required to deliver the public infrastructure identified in the CP. External advice is being sought to consider these implications. When the advice has been obtained and considered the CP and DCP will be finalised to take the outcomes of the advice into account.

A considerable body of research work had been prepared since 2012, by the range of consultants engaged by the planning proposal proponent (Danias Holdings Pty Ltd.) for P47. These studies revealed that the most critical infrastructure needs for the precinct are:

· Flooding and stormwater management; and

· Traffic and transport facilities provision.

Utilising funds from the current Marrickville Developer Contributions Plan (which are to be repaid from subsequent Victoria Road Precinct contributions) the following consultants were engaged to investigate the critical infrastructure needs for P47:

· Flooding and stormwater management – Cardno (Water Infrastructure Engineers), who recently completed, for Inner West Council, the latest Marrickville Valley Flood Risk Management Study and Plan.

· Traffic and transport Infrastructure – Cardno (Traffic and Transport Engineers).

The nature of these studies demanded a detailed, ongoing assessment of the expected development permitted under the Local Environmental Plan (as amended) and the recently adopted Victoria Road Precinct Development Control Plan.

To deliver the identified traffic and transport infrastructure items, some land dedications will be required to be made to Council to undertake a significant proportion of these works. The work carried out shows that approximately $11 million of public traffic and transport infrastructure works are required to be implemented to ensure that the increased permitted development within P47 can be absorbed without the existing level of service within the road network of P47 being worsened. To achieve these land dedications, amalgamation and staging plans are also required to be implemented within the Victoria Road Precinct Contributions Plan and these requirements should also form part of the corresponding Victoria Road Precinct Development Control Plan.

As noted earlier, in finalising the draft CP Council’s General Counsel has identified that there may be both practical and financial issues associated with land dedications that will be required to deliver the public infrastructure identified in the CP. External advice is being sought to help consider these implications. When the advice has been obtained and considered the CP will be finalised, together with an updated Development Control Plan.

The work carried out also shows that approximately $16 million of water infrastructure works are deemed necessary by the consultant water engineers to manipulate the flooding and stormwater environment within P47 so that it is suitable for the now permitted increased intensification of development.

As it currently stands, under the draft Contributions Plan being finalised the majority of the increased contribution costs associated with public traffic and transport infrastructure works will arise from future non-residential developments within the precinct, because these uses generate significantly more traffic that residential uses. Stormwater works costs will be apportioned more equally between residential and non-residential land uses relating to the increased amount of activity arising from those uses.

Affordable Housing

At its meeting of 30 October 2018, in relation to the issue of the delivery of Affordable Housing within the precinct, Inner West Council resolved: that Council develop a scope of works and appoint a suitable consultant to provide financial feasibility analysis to support the consideration of a generic model approach to affordable housing contribution schemes for precincts that are to be considered for rezoning before the new Council-wide LEP is gazetted, to support Council in its negotiations on VPAs and to support the development of the approach to be taken to SEPP 70 schemes in the new Council-wide LEP (Resolution No. C1018(2) Item 13.)

Accordingly, it is not intended to address the affordable housing needs of the precinct within the current draft CP. This is in the process of being progressed as a separate matter in accordance with the abovementioned Council resolution.

Marrickville Local Environmental Plan 2011 Requirements

In terms of the delivery of new public infrastructure for the now permitted increased development within Precinct 47 (P47) the local environmental plan amendment that implemented the zoning changes within P47 that gives rise to the increase in development in the area, added new clauses 6.17 and 6.18 to Marrickville Local Environmental Plan 2011. The gazettal of the MLEP amendment has resulted in a situation where all land is zoned for development, rather than leaving appropriate land areas zoned for roads and parks.

Clause 6.17 requires the preparation of a Development Control Plan (DCP) for the up-zoned land in P47, prior to any development consent being granted. This has been completed, although a number of refinements will be proposed to ensure it aligns completely with the CP, and to include certain proposed modifications that were not adopted following its previous exhibition.

Clause 6.18 was also inserted which requires satisfactory arrangements to be made with the State regarding public infrastructure, specifically road widenings and an intersection upgrade at the junction of Victoria Road and Sydenham Road.

At the time of writing this report, a representative of the Department of Planning and Environment (DPE), responsible for infrastructure contributions and agreements advised that DPE has been in discussions with the proponent for the LEP amendment (Danias Holdings Pty Ltd) with respect to a voluntary Planning Agreement relating to satisfying the requirements of Clause 6.18.

The contents of that draft Planning Agreement between Transport for NSW (TfNSW); Roads and Maritime Services (RMS); the Department of Planning and Environment (DPE); and Danias Holdings, have been consistently monitored by Council staff to ensure that the contents of the draft CP for the Victoria Road Precinct, dovetails with that arrangement (e.g. does not duplicate those developer contributions).

At this stage, Council staff have been advised by the DPE staff that for the draft Planning Agreement …

“…We are currently proposing for the developer to provide the intersection upgrade as follows:

· Provision of a left-turn slip lane from Sydenham Road (west) to Victoria Road (north); and

· Provision of a 90m right-turn bay along Victoria Road (north).”

The contents of this likely imminent Planning Agreement have been taken into account in the drafting of the CP.

Victoria Road Development Control Plan – Revisions

A number of revisions to the DCP will also be proposed as a result of:

· Revisions to the DCP to ensure it aligns with the CP; and

· Changes recommended to Council following exhibition but not adopted.

As a result of investigations undertaken during the preparation of the draft CP, a number of revisions will be proposed for the DCP to ensure both the DCP and the CP are aligned with each other.

At its meeting of 28 August 2018 Council adopted the Victoria Road amendments to the Marrickville Development Control Plan as exhibited. The officer recommendation to Council included a number of recommended modifications that were not adopted. The proposed revisions to the DCP also provide an opportunity to include those recommended changes that were not adopted previously.

FINANCIAL IMPLICATIONS

When the CP has been exhibited for a minimum of 28 days and subsequently approved by Council its requirements will be applied to any development applications that are determined after its approval. A CP is needed for the precinct to provide a mechanism for the recovery of the costs to Council of the provision of local infrastructure improvements required by the development that was permitted by the rezoning through the MLEP amendment.

The technical studies carried out to support the CP indicate that approximately $16 million of water infrastructure works and approximately $11 million of public traffic and transport infrastructure works are necessary. This represents a total additional investment for required public infrastructure works within P47 of approximately $27 million.

As the report notes, legal advice is being obtained on the practical and financial issues associated with land dedications that will be required to deliver the public infrastructure identified in the CP. When this has been obtained and considered the CP requirements and DCP changes will be finalised to take the outcomes of the advice into account.

PUBLIC CONSULTATION

When the draft CP has been finalised early in 2019, a report will be brought to Council recommending it be placed on exhibition, with proposed revisions to the DCP.

CONCLUSION

Work on the preparation of a Contributions Plan (CP) for the precinct, is now largely complete. The draft CP focuses on what public facilities are required to be implemented within the Victoria Road Precinct – Precinct 47 (P47) of Marrickville Development Control Plan 2011 to ensure that the increased development can function in a practical, safe manner, in conjunction with an increase in active transport open-space links and how contributions to their funding can be collected.

The most critical public infrastructure needs identified for the up-zoned areas of P47 are works associated with flooding and stormwater management and traffic and transport facilities. Expert studies have been carried out to identify the extent of these works which are initially estimated to be likely to cost broadly in the region of approximately $27 million to construct (at current construction costs).

In finalising the draft CP and DCP amendment, Council’s General Counsel has identified that there may be both practical and financial issues associated with land dedications that will be required to deliver the public infrastructure identified in the CP. External advice is being sought to consider these implications. Once the advice is obtained and considered, the draft CP and DCP amendment will be finalised to take the outcomes of the advice into account and will then be reported to Council for consideration for public exhibition early in 2019.

ATTACHMENTS

Nil.

Council Meeting

11 December 2018

Item No: C1218(1) Item 19

Subject: Harmonising Inner West Council Awards Programs

Prepared By: Bernadette Selfe - Business Relations Coordinator and Duncan Gilchrist - Manager Economic Development

Authorised By: David Birds - Group Manager Strategic Planning

SUMMARY

The purpose of this report is to respond to Council Resolution C0318 Item 14 Mayoral Minute: Harmonising Inner West Council Awards Programs 13 March 2018 which requested:

1. Council review the current arrangements for Awards program, including the Business Environment Awards Program, the Inner West Business Awards and the Marrickville Business Association Awards.

2. Council officers produce a report on options for harmonising our Awards Program, while upholding the existing character of local awards and Council’s capacity to hold and judge such a program.

3. The report includes evaluation of categories such as, but not limited to: a. Ethical Business; b. LGBTIQ Friendly Business; c. Multicultural Business d. Sustainable Business; e. Accessible Business.

The Inner West Council has a comprehensive awards program that enables Council to be aligned with key national campaigns that recognise achievements of businesses, residents and citizens. All of these have a specific target market or purpose and reflect our diverse community.

Council staff have reviewed the current awards program and additional categories and at this stage recommend pursuing a Social Enterprise Award (renamed from Ethical). An Accessible Business Award has already been introduced.

As part of Council’s ongoing commitment to continuous improvement, staff will actively evaluate the awards program annually in terms of effectiveness, efficiency, adequacy and appropriateness and during engagement on the development of the economic development strategy. This will assist in ensuring that the range of awards on offer meets community expectations by reflecting our diversity through having awards that are recognised by residents as a coveted form of recognition and represent value for money.

RECOMMENDATION

THAT Council:

1. Note the current awards program has been reviewed;

2. Request Precedent Productions include a Social Enterprise Award as one of its categories in the Inner West Business Awards; and

3. Examine opportunities to promote ACON’s Welcome Here initiative across the LGA.

BACKGROUND

The matters requested in the Mayoral Minute are addressed below:

1. Council review the current arrangements for Awards program, including the

Business Environment Awards Program, the Inner West Business Awards and

the Marrickville Business Association Awards.

The current operational arrangements for the Business Environment Awards Program, Inner West Local Business Awards and the Marrickville Business Association Awards are as follows:

Inner West Council Business Environment Awards

These awards recognise the achievements of local businesses and organisations operating in the Inner West local government area. The awards are open to businesses and not-for-profit organisations working to have a positive environmental impact through their operations. The awards are conducted and resourced in-house by the Environment and Sustainability team. Judging is assessed by council staff and external judges with expertise in the relevant sector. The awards event is normally attended by 70-80 representatives. There is a formal welcome by the Mayor or delegate and a keynote address by a sustainability specialist. The event offers local businesses an opportunity to network with one another and the sustainability specialists. Current budget is circa $10,000 per annum. More information is provided in Attachment 1 for this and other current awards.

The Business Environment Awards are currently scheduled to be run in 2019. A review of the urban sustainability program, including the Business Environment Awards, is in process and may require adjustment to current programs to accommodate new projects. This will be reported to Council in 2019 with the Draft Climate and Renewables Strategy.

Inner West Local Business Awards

These awards are owned and operated by Precedent Productions and cover a wider area than the Inner West Council local government area. The awards recognise outstanding business performance and customer service.

The former Ashfield and Leichhardt Councils supported these awards as they enabled the Councils to be associated with a recognised brand with a good marketing campaign. The Economic Development Unit coordinates Council’s participation in the awards which includes provision of $5,000 for the awards.

The awards evening has around 500 attendees with a speaking and award presentation by the Mayor or delegate. There were 284 finalists in the 2018 Inner West Local Business Awards of which 147 came from the Inner West LGA. As these awards are not run by Council there is a limited capacity to add additional categories. It is proposed to continue to support the Inner West Local Business Awards.

Marrickville Business Association Awards

These awards were run by the Marrickville Business Association and supported by the former Marrickville Council. The awards recognised length of service and special contributions made by businesses located in the former Marrickville LGA with no specific categories and no “winners” just “recipients”. The Marrickville Business Association Awards have not been held since the council merger.

2. Council officers produce a report on options for harmonising our Awards

Program, while upholding the existing character of local awards and

Council’s capacity to hold and judge such a program

To inform the recommendations in this report, Council officers from the Environment and Sustainability Group, Community Services and Culture Group and the IWC Events Team and Economic Development Unit formed a working group to examine how the current awards program could be harmonised. This Group held a number of meetings and undertook a review of currents awards that examined the aim and objective of the current awards program, costs, numbers of applications received, and if the awards could be combined with another Council awards event. A detailed table of the findings from this review is at Attachment 1.

The working group also examined the potential new award categories and along with the analysis of the existing awards advises the following:

The Inner West Council currently has a comprehensive awards program that enables Council to be aligned with key national campaigns that recognise achievements of businesses, residents and citizens. All these awards have a specific target market or purpose and are held throughout the year as outlined in the table below.

Table A - Current IWC Award Program

Award	Managed by	Held	Linked to
Citizen of the Year Awards	Events Team	January	Australia Day Celebrations
Volunteers Awards	Community Services & Culture	May	Volunteers Week
Built Environment Awards	Events Team	May	Marrickville Medal for Conservation, Sustainable Building Awards & Urban Photography Competition.
Inner West Local Business Awards	Economic Development Unit	June	Is part of Precedent Productions Awards Program
Business Environment Awards program	Environment & Sustainability team	November	Environment Program Funding
International Women’s Day Honour Roll	Community Services & Culture	March	International Women’s Day
Pauline McLeod Award for Reconciliation	Community Services & Culture	May	Reconciliation Week

The distinct nature of each of the awards and their relationships to different services of Council supports each event’s continued operation. Staff examined options for combining the Business Environment Awards Program and the Inner West Local Business Awards into one award program as their target audience is local businesses. However, this option is not supported as the Business Environment Awards Program is tied to the Environmental Sustainability program objectives and does not lend itself to include traditional business categories such as “Best Hairdresser or Outstanding Cafe”, with the focus solely being around environmental practices. Any additional business categories would change the whole focus of these awards away from environmental practices to a business event.

Council had an agreement with Precedent Productions to support the 2018 Inner West Local Business Awards. As referred to in Section 3 below a category for accessible business was included in the 2018 Inner West Local Business Awards which were held in June 2018.

3. The report include evaluation of categories such as, but not limited to:

a. Ethical Business

b. LGBTIQ Friendly Business

c. Multicultural Business

d. Sustainable Business

e. Accessible Business

Staff have evaluated the potential new categories and advise the following:

A. Ethical Business

Ethical Business Awards exist elsewhere and are open to purpose-driven businesses that deliver innovative work with a positive social, environmental or economic impact, either locally or internationally.

With more consumers curious about where their products are coming from and the desire for social purpose becoming much stronger, the need for ethical practices is at the forefront of the consumer’s conscience now more so than ever before.

Ethical Business Awards are an important way to recognise leading social enterprises and support them to continue their positive work into the future.

Some excellent examples of social enterprises in the Inner West include:

· the Social Outfit (an independently-accredited, ethical trading social enterprise that provides employment and training in the fashion industry to people from refugee and new migrant communities in clothing production, retail, design and marketing);

· Lentil as Anything (assists members of the community who volunteer for a meal, to learn hospitality skills, or improve their social or language skills. The under-employed, the homeless, refugees and the disenfranchised are all given an equal opportunity to gain skills and help their fellow humans at Lentil As Anything); and

· the Fairtrade Emporium (supporting artisans who are marginalised, they can assist people in making a difference for themselves and their communities).

A Social Enterprise Award could be well received by the Inner West community. Council officers will approach Precedent Productions about the possibility of including a category for Social Enterprise in their annual business awards.

B. LGBTIQ Friendly Business

The Business Environment Awards, Community Partnership category allows recognition of businesses that take leadership on community and social issues through environmental projects, which could include partnering with LGBTIQ communities.

Council officers from the Community Services and Culture Group advise that the AIDS Council of NSW (ACON) is leading an initiative in this area with their Welcome Here project.

The Welcome Here project involves a comprehensive accredited process where business or organisations demonstrate their commitment to, and actively promote, pride, diversity and inclusion within their business. The introduction of an Inner West specific LGBTIQ Friendly Business category is not supported at this stage given the active pursuit of this through ACON.

The Inner West LGA has a good reputation as a place where people value and respect each other’s languages, abilities, sexual orientations, traditions and lifestyles. Council will continue to be a strong advocate for the LGBTIQ community and examine opportunities to promote ACON’s Welcome Here initiative. Below is the adopted image for the sticker.

C. Multicultural Business

In 2016 34% of the Inner West Council population was born overseas and out of that about 28% of people spoke a language other than English at home.

When examining the cultural backgrounds of winners and finalists from local business awards from the last five years over 90% were multicultural business operators.

When testing this concept for an award with some local multicultural business owners, Council officers found multicultural business owners regarded themselves as already achieving recognition as successful local businesses in their own right. Some of their comments are provided below.

· Our diversity alone is reason to not have an award under that title. Furthermore, businesses enter in order to win on merit, which for any business is more worth than the one being proposed.

· Proud to be a finalists or winners of an award that represents outstanding success as a business not our cultural background.

· Do not support multicultural business award as business excellence is not a cultural thing and should be inclusive of whoever you are. The Inner West Local Business Awards are enough and inclusive of everyone.

While the intention of a potential multicultural business award is well founded, on initial consideration it appears that a group of members of the Inner West the business community may not favour such a program due to the long established multicultural nature of the Inner West. As a result it is proposed to give further consideration to the issue in the context of Council’s recently endorsed Multicultural Policy, and through wider business community engagement during the development of the Economic Development Strategy in 2019.

D. Sustainable Business

The Business Environment Award recognises the achievements of local businesses and organisations operating in the Inner West local government area. The awards are open to businesses and not-for-profit organisations working to have a positive environmental impact through their operations. Award categories are based on the key operational areas of waste, water and energy, for which support and advice has been available to businesses through council and other environmental programs.

The awards function as a recognition event for businesses that have worked with council in order to achieve environmental targets. Over time, categories have been changed to respond to reflect Council’s own priorities and commitments and emerging focus areas in the local business community. For example, Beyond Our Four Walls reflects whole systems thinking in business sustainability, and Council's own corporate sustainable procurement commitments.

The Business Environment Award includes seven award categories:

1. Energy Smart – for energy efficiency of gas and electricity and renewable energy

2. Water Saver – for water efficiency, rainwater tanks and water sensitive urban design

3. Rethink Waste – for avoiding, reducing, reusing and recycling waste

4. Beyond our Four Walls – for influencing supply and disposal chains for sustainable outcomes

5. Community Partnership – for partnership with community to solve environmental issues

6. Sustainable Innovation – for exploring new and creative solutions to sustainability solutions

7. Sustainability Leadership – for actions over a range of initiatives with a holistic view

Nominations in each category are reviewed and assessed by council staff and external judges with expertise in the relevant sector.

Council’s Sustainability Group is currently aligning its work program and available resources to respond to Council resolutions on climate and renewables. This will include making recommendations about whether to continue running the sustainable business awards.

E. Accessible Business

An Inner West Council Accessible Business Award was included in the 2018 Inner West Local Business Awards. It should be noted that no applications were received resulting in Council staff nominating businesses for this award. The Community Services and Culture Unit will review the access award to ensure that in 2019 it better aligns with Inner West Council’s Inclusion Access Plan.

FINANCIAL IMPLICATIONS

The current award cost is $15,000 per annum comprising $10,000 for the Business Environment Award and $5,000 for Inner West Local Business Awards (Precedent Productions). These are financial contributions which do not take into consideration internal resource costs.

OTHER STAFF COMMENTS

Council’s Environment and Sustainability Group, Community Services and Culture Group and the IWC Events Team and Economic Development Unit have assisted in the preparation of this report.

PUBLIC CONSULTATION

Nil.

CONCLUSION

Council has a range of award ceremonies conducted throughout the year that recognise the achievements of our businesses, residents and citizens. The current awards program has a specific target market that serves as a tool to recognise achievements in their fields that reflects our diverse community including LGBTQI, enhancing accessibility and encouraging sustainable business practices and social enterprise.

Staff have examined options for combining the Business Environment Awards Program and the Inner West Local Business into one award program targeting local businesses. This option is not supported as the Business Environment Awards are tied to Council’s Environmental Sustainability program objectives focusing on sound environmental practices which would be marginalised if combined with a general business award which is run by an independent body, over which Council has no control, across a number of local government areas.

In relation to potential additional categories, at this stage staff recommend pursuing a Social Enterprise Award (renamed from Ethical). An Accessible Business Award has already been introduced.

Staff will continue to monitor the awards program to ensure that they are consistent with our core values and are achieving their aims and objectives. Consultation and engagement with businesses during the development of a new Economic Development Strategy in 2019 will also provide an opportunity for Council to gain further feedback from local businesses and continue to consider the development of the business award program.

ATTACHMENTS

1.⇩

Inner West Council Awards Program Details

Council Meeting

11 December 2018

Item No: C1218(1) Item 21

Subject: Proposed Change to the Boarding House Provisions under State Environmental Planning Policy (Affordable Rental Housing) 2009 to Limit Boarding Houses in the R2 Low Density Residential zone to a Maximum of 12 Rooms

Prepared By: Peter Wotton - Strategic Planning Projects Coordinator

Authorised By: David Birds - Group Manager Strategic Planning

SUMMARY

The Department of Planning and Environment has released an Explanation of Intended Effect (EIE) for public consultation concerning a proposed amendment to State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) to limit the size of boarding houses in the R2 Low Density Residential zone to a maximum of 12 rooms.

The Department is proposing the restriction to a maximum of 12 rooms “to ensure that the built form of boarding house development in the R2 zone is compatible with the built form of other development in the local area.”

Whilst amendments to the ARHSEPP to limit the size of boarding house developments in the R2 Low Density Residential zone are supported, concerns are raised in relation to the approach put forward in the EIE.

The report raises a number of concerns with the proposed amendment detailed in the Explanation of Intended Effect. Suggestions to address those concerns are detailed in the report and have been incorporated into the recommendation.

It is considered that the ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed.

RECOMMENDATION

THAT:

1. The report be received and noted; and

2. The Department of Planning and Environment be forwarded a copy of this report as Council’s response to the consultation and be advised that:

i. For the reasons detailed in the report, to ensure that the size and intensity of boarding house developments are compatible with the R2 Low Density Residential zone and to ensure that the design of all new boarding houses is compatible with the scale and character of the surrounding local area, the limit on the capacity of boarding houses on such zoned land should be based on the maximum number of residents rather than the maximum number of boarding rooms.

ii. As detailed in the report the boarding house provisions in the State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) do not apply to all land zoned R2 Low Density Residential zone under the Standard Instrument. To address the issues identified in the report and to ensure that a limit on the size of boarding houses applies to all land zoned R2 Low Density Residential under the Standard Instrument—Principal Local Environmental Plan regardless as to whether or not that land is within an “accessible area”, Clause 5.4 Controls relating to miscellaneous permissible uses should be amended to include an additional subclause reading as follows:

“(11) Boarding houses on certain zoned land

If development for the purposes of a boarding house is permitted under this Plan, the maximum capacity of the boarding house must not exceed 12 lodgers if the boarding house is on land zoned R2 Low Density Residential.”

iii. The ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that a genuinely affordable housing product results.

BACKGROUND

State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) was introduced on 31 July 2009 to increase the supply and diversity of affordable, rental and social housing. Boarding houses are one form of housing facilitated by the ARHSEPP.

On 29 March 2018 the Department of Planning and Environment released an Explanation of Intended Effect for public consultation concerning a proposed amendment to the ARHSEPP to increase the parking standard for boarding houses from 0.2 spaces to 0.5 spaces per boarding room “to address concerns raised by the community regarding the impacts of on-street parking as a result of new boarding house development in some areas.”

A report on that proposed amendment was considered by Council at its meeting on 24 April 2018 (Item 11 C0418).

The report raised a number of concerns with the proposed amendment and broader issues with the provisions relating to boarding houses contained within Division 3 Boarding Houses under Part 2 of the ARHSEPP.

The report contended that community concerns with the ARHSEPP provisions relating to boarding houses were extensive and go well beyond “the impacts of on-street parking as a result of new boarding house development,” including the lack of any rent restriction on boarding house accommodation provided under the Policy.

The report recommended that the ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that an affordable housing product results from the concessionary planning controls that are facilitated.

Council resolved (in part) that:

“The Department of Planning and Environment be forwarded a copy of this report as Council’s response to the consultation and be advised that:

i. Community concerns with the ARHSEPP provisions relating to boarding houses are extensive and extend well beyond “the impacts of on-street parking as a result of new boarding house development.”

ii. The ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that an affordable housing product results.

iii. Different car parking standards should apply to traditional boarding house rooms and new generation boarding rooms as detailed in the report.”

The amendment to the ARHSEPP to increase the parking standard for boarding houses from 0.2 spaces to 0.5 spaces per boarding room was gazetted on 1 June 2018.

PROPOSED AMENDMENT

On 28 November 2018 the Department of Planning and Environment released an Explanation of Intended Effect for public consultation concerning a proposed amendment to the ARHSEPP to limit development for the purposes of boarding houses on land zoned R2 Low Density Residential zone to a maximum of 12 boarding rooms.

The Explanation of Intended Effect is on exhibition until 19 December 2018.

The Explanation of Intended Effect states (in part) that:

“The proposed amendment to the Affordable Rental Housing SEPP will provide for a new provision that limits the number of boarding rooms in a boarding house development in the R2 zone to a maximum of 12 boarding rooms.

The intention of the proposed amendment is to ensure that the built form of boarding house development in the R2 zone is compatible with the built form of other development in the local area.

The proposed introduction of a maximum room number for boarding houses is considered to assist in ensuring that amenity impacts of boarding house development on adjoining and nearby properties, such as overlooking, overshadowing and car parking impacts, are able to be better managed.

This EIE does not propose to amend any other provisions of the Affordable Rental Housing SEPP.”

The EIE has been prepared by the Department in response to “concerns around the built form of boarding houses in low density residential areas”. The EIE advised that the Department has received “feedback from key stakeholders including Councils raising the following key issues:

· “Built form outcomes of boarding houses in R2 zoned areas, particularly if they have a large number of rooms, can be incompatible with the low density nature of surrounding development.

· Large scale boarding house developments do not comply with the R2 zone objective of the Standard Instrument (Local Environmental Plans) Order 2006 which is to provide for the housing needs of the community within a low density residential environment.”

A copy of the Department’s Explanation of Intended Effect is ATTACHMENT 1.

RELEVANT HISTORY

The size of boarding houses permitted under the ARHSEPP on land zoned R2 Low Density Residential and built form outcomes “fundamentally incompatible with the typical and expected built form in the zone” has been an issue raised with the Department by the current Council and former Marrickville Council for many years.

At its meeting on 16 April 2013, the former Marrickville Council considered a report on a Planning Proposal, known as Marrickville Local Environmental Plan 2011 (Amendment No. 2), which proposed a range of amendments to Marrickville Local Environmental Plan 2011.

The amendments included proposed changes to the provisions relating to boarding houses in Marrickville Local Environmental Plan 2011 including a proposed amendment to Clause 5.4 of MLEP 2011 to limit the capacity of boarding houses in the R2 Low Density Residential zone.

Council resolved to proceed with the amendments and to seek direction from the Department on obtaining an exemption from the SEPP and implementing its own local boarding house provisions.

In issuing its Gateway determination on 14 March 2014 for that Planning Proposal, the Department of Planning and Infrastructure did not support the proposed amendment to Clause 5.4 to limit the capacity of boarding houses in residential zones advising that this “should be removed from the planning proposal at this stage until further investigation and evidence is prepared considering how local circumstances may inform a local solution. Council should work with Planning and Infrastructure on a new planning proposal to limit the size and location of boarding houses”.

Council officers met with officers from the Department of Planning and Environment on 10 June 2014 to discuss the Gateway determination. The officers from the Department advised that their preferred approach was for Council to prepare an evidence base including information on the number of development applications and determinations for boarding houses to provide context to the issue and then develop local planning controls for boarding house developments that respond to the housing needs of the local community.

At the time it was explained that if Council could satisfy the Department that the local planning controls for boarding houses appropriately responded to the housing needs of the local community that the Department may agree to the Marrickville LGA being exempted from Division 3 – Boarding Houses of State Environmental Planning Policy (Affordable Rental Housing) 2009.

The officers from the Department advised that this approach was preferable to seeking amendments to the ARHSEPP that would apply across the State and could create problems for other LGAs.

The former Marrickville Council considered a report, at its meeting on 2 December 2014, concerning problems that the boarding house provisions contained in Division 3 of the ARHSEPP were causing within the Marrickville Local Government Area.

The issues raised in the report in relation to the ARHSEPP boarding house provisions included:

· The boarding house provisions in Division 3 of the ARHSEPP do not include any provisions to require boarding house accommodation provided under the Policy to be affordable;

· The ARHSEPP includes a floor space ratio bonus provision (Clause 29 (1) (c)) for certain boarding house developments, but unlike some of the other forms of residential accommodation permitted under the ARHSEPP, there are no provisions that require boarding house accommodation provided under the SEPP to limit rents charged for such accommodation, or to limit the occupancy of such accommodation to only persons on very low, low or moderate incomes or to require the accommodation to be managed by a registered housing provider;

· Whilst no objection is raised in principle to the concept of providing incentives for affordable accommodation for very low income households it is contended that an incentive, such as a floor space ratio bonus, should not apply to ‘new generation boarding houses’ especially without provisions that require that boarding house accommodation to remain affordable and for that accommodation to be managed by a registered community housing provider;

· Certain provisions of the ARHSEPP, when applied in conjunction with the provisions of MLEP 2011, have unintended consequences for boarding house developments. Specifically, the floor space ratio bonus clause in Clause 29 (1) of the ARHSEPP and the structure of the Land Use Zoning Tables in MLEP 2011 are allowing excessive FSRs in some zones, e.g. on some land zoned R2 Low Density Residential the maximum floor space ratio permissible under the ARHSEPP is over 80% higher than the maximum floor space ratio permitted for other forms of development permitted on that land;

· The ARHSEPP does not specifically restrict the capacity of boarding houses in residential zones. This is an issue in the R2 Low Density Residential zone where a boarding house with twenty or more residents is permissible adjacent a dwelling house with three or four residents;

· The ARHSEPP does not apply to all land in the LGA where boarding houses are permissible with consent under MLEP 2011 creating two tiers of controls e.g. the ARHSEPP provisions only apply to land zoned R2 Low Density Residential where that land is in an accessible area (Clause 27 (2)), whereas boarding houses are permissible with consent on all land zoned R2 Low Density Residential under MLEP 2001;

· The provisions of the ARHSEPP are not designed to address large scale boarding houses (which in many cases operate to provide student accommodation);

· Shortcomings in some of the standards that cannot be used to refuse consent under Clause 29 of ARHSEPP lead to poor development outcomes; and

· The provisions of the ARHSEPP do not adequately ensure that reasonable amenity will be provided for boarding rooms and boarding house lodgers including access to sunlight, natural ventilation, visual and acoustic privacy, open space and communal facilities for all boarding house developments.

Local planning controls for boarding house developments that would provide for better development outcomes and that are more aligned with the housing needs of the Marrickville LGA were developed and discussed in the report.

The former Council adopted the report’s recommendation to seek an exemption for the Marrickville LGA from Division 3 – Boarding Houses of State Environmental Planning Policy (Affordable Rental Housing) 2009 and implement its own boarding house controls in place of these. However the Department of Planning and Environment did not agree to an exemption for the former Marrickville LGA from Division 3 – Boarding Houses of the ARHSEPP.

DISCUSSION

As detailed above, the size of boarding houses permitted under the ARHSEPP on land zoned R2 Low Density Residential has been an issue raised with the Department by the current Council and former Marrickville Council for many years.

The Department proposal to make an amendment to the ARHSEPP to limit the size of boarding houses on land zoned R2 Low Density Residential is generally supported.

The last paragraph of the EIE states:

“This EIE does not propose to amend any other provisions of the Affordable Rental Housing SEPP.”

Before commenting on the proposed amendment, the point made in Council’s submission in relation to the EIE for the recent amendment to the car parking requirement for boarding houses, needs to be reiterated. That point is:

“The ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that an affordable housing product results.”

Limit on the number of boarding rooms for boarding house developments on land zoned R2 Low Density Residential

The proposed amendment to the ARHSEPP “will provide a new provision that limits the number of boarding rooms in a boarding house development in the R2 zone to a maximum of 12 boarding rooms.”

Council has long argued the need to limit the capacity of boarding houses in certain residential zones, in particular on land zoned R2 Low Density Residential, to ensure that the size and intensity of boarding house developments are compatible with the zone in which they are proposed to be located and to ensure that the design of all new boarding houses is compatible with the scale and character of the surrounding local area.

The proposed amendment relates to a limit on the maximum number of boarding rooms in boarding house developments in the R2 Low Density Residential zone. Whilst the proposed amendment limits the number of boarding rooms in such developments, the occupancy rates permitted under Clause 30 (1) (c) of the ARHSEPP of “(c) no boarding room will be occupied by more than 2 adult lodgers” would enable different density outcomes i.e. 12 single occupancy rooms = 12 adult lodgers whereas 12 double occupancy rooms = 24 adult lodgers and potentially larger built form outcomes as larger “accommodation size” requirements apply to boarding rooms not intended to be used by a single lodger (Clause 29 (2) (f) of the ARHSEPP). It should also be noted that higher building standards apply to boarding house developments containing more than 12 residents under the Building Code of Australia than those that apply to boarding house developments that contain 12 residents or less.

It is contended that the restriction on the size of boarding houses in the R2 Low Density Residential zone should be based on density of occupation. Without such a restriction, under the amendment proposed in the EIE, it could result in development outcomes of a boarding house development housing 24 adult lodgers being built next to single low density dwelling houses. It could reasonably be contended that a development of such density is contrary to the Standard Instrument—Principal Local Environmental Plan (Standard Instrument) objective for the R2 Low Density Residential zone “to provide for the housing needs of the community within a low density environment”.

For the reasons detailed earlier, the limit of the size of boarding houses in the R2 Low Density Residential zone should be based on density of occupation. It should be noted that other boarding house provisions in the ARHSEPP, such as Clause 30 (1) “(e) if the boarding house has capacity to accommodate 20 or more lodgers…..”, are based on density of occupation and not the number of boarding rooms. The approach recommended would therefore be consistent with other standards contained in the ARHSEPP. The approach recommended is also consistent with the approach put forward to the Department by the former Marrickville Council in its submission referred to earlier in this report.

It is noted that the ARHSEPP does not specify how the capacity of a boarding house is determined. To be consistent it is considered that all boarding house controls should be based on the capacity of the boarding house in terms of lodgers. For the purposes of determining the capacity of a boarding house it is suggested that the accommodation size provisions in Clause 29 (2) (f) of the ARHSEPP be used as the basis of that determination. In this regard the capacity of a boarding house should be determined as follows:

(i) a boarding room which has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of less than 16 square metres is deemed to have a capacity of 1 lodger; and

(ii) a boarding room which has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 16 square metres is deemed to have a capacity of 2 lodgers.

Also, as detailed in Council’s recent submission on the proposed car parking amendment to the SEPP, the ARHSEPP does not apply to all land in the LGA where boarding houses are permissible with consent creating two tiers of controls e.g. the ARHSEPP provisions only apply to land zoned R2 Low Density Residential where that land is in an accessible area (Clause 27 (2)), whereas boarding houses are permissible with consent on all land zoned R2 Low Density Residential under MLEP 2011 and Ashfield Local Environmental Plan 2013. (Note no land is zoned R2 Low Density Residential under Leichhardt Local Environmental Plan 2013).

Note: Under the ARHSEPP “accessible area” has the following meaning:

“accessible area means land that is within:

(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.”

It is noted that “boarding houses” are a mandated “Permitted with consent” use in the R2 Low Density Residential zone under the Standard Instrument. Consequently the amendment as proposed would not apply in other Local Government Areas on land zoned R2 Low Density Residential under the local environmental instrument applying to the land where the subject land was not in an “accessible area”.

To address the issues identified above, and to ensure that a limit on the size of boarding houses applies to all land zoned R2 Low Density Residential under the Standard Instrument regardless as to whether or not that land is within an “accessible area”, it is considered that Clause 5.4 Controls relating to miscellaneous permissible uses in the Standard Instrument should be amended to include an additional subclause reading as follows:

“(11) Boarding houses on certain zoned land

FINANCIAL IMPLICATIONS

Nil.

OTHER STAFF COMMENTS

Council’s Affordable Housing Policy Leader was consulted in the preparation of this report.

PUBLIC CONSULTATION

Nil.

CONCLUSION

Whilst supportive of amendments to the ARHSEPP to limit the size of boarding house developments in the R2 Low Density Residential zone, concerns are raised in relation to the approach put forward in the EIE.

This report raises a number of concerns with the proposed amendment detailed in the Explanation of Intended Effect. Suggestions to address those concerns are detailed in the report.

As stated in Council’s recent submission in relation to the EIE for the recent amendment to the car parking requirement for boarding houses, the ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that a genuinely affordable housing product results from the concessionary planning controls that are facilitated.

ATTACHMENTS

1.⇩

Explanation of Intended Efffect - Proposed Amendment to the Affordable Rental Housing SEPP

Council Meeting

11 December 2018

Item No: C1218(1) Item 25

Subject: Mandatory reporting of Fire Safety Reports referred to Council from Fire and Rescue NSW

Prepared By: Michael Kountourogianis - Senior Fire Safety Officer

Authorised By: Harjeet Atwal - Group Manager Development Assessment and Regulatory Services

SUMMARY

This report provides mandatory notification to Council under the Environmental Planning and Assessment Act 1979 (EPAA) of correspondence regarding fire safety concerns received from Fire & Rescue NSW. Following a review of the correspondence and a site inspection by Council’s Fire Safety Team, this report seeks Council to note the exercise of Authorised Officer powers under EPAA to require upgrades of the buildings to the satisfaction of Council’s Fire Safety Team in order to:

§ Improve the provisions for fire safety at the premises;

§ Improve the provision of fire safety awareness;

§ Improve the adequacy of the premises to prevent fire;

§ Improve the adequacy of the premises to suppress fire or prevent the spread of fire;

and

§ Improve the safety of persons in the event of fire.

RECOMMENDATION

THAT Council:

1. Note the correspondence provided by Fire and Rescue NSW for development on land known as the Garden Lodge Sydney, located at 17-23 Parramatta Road Haberfield (Attachment 1);

2. Endorse the Councils Officers use of statutory powers (and discretion as appropriate) under the Environmental Planning and Assessment Act 1979 to require upgrades to the building to the satisfaction of Council's Fire Safety Team in order to:

a. improve the provisions for fire safety at the premises;

b. improve the provision of fire safety awareness;

c. improve the adequacy of the premises to prevent fire;

d. improve the adequacy of the premises to suppress fire or prevent the spread of fire, and

e. Improve the safety of persons in the event of fire.

BACKGROUND

In accordance with the provisions of the Environmental Planning and Assessment Act 1979 (EPAA), Fire and Rescue NSW (FRNSW) has referred the attached letter (Attachment 1) to Council detailing a number of concerns with the fire safety measures and fire safety procedures for this property in the Inner West Council area.

Owners of buildings such as backpackers accommodation, assembly buildings, commercial premises, residential flat buildings etc., have a legal obligation to ensure that all fire safety measures installed on the premises are, at all times, maintained and working to their relevant standard of performance for the safety of the buildings occupiers or users – whether the building is occupied or not. This is done through the installation of fire safety measures compliant with the National Construction Code (Building Code of Australia - BCA) or an alternative solution endorsed by a qualified Fire Engineer.

A fire safety measure is any aspect of construction, piece of equipment or strategy, that are required to enhance the safety of people within the building in the event of a fire. These fire safety measures can vary significantly depending on the age of the building, its design and its use. The determination of the appropriate fire safety measure is guided through the deemed to satisfy provisions / functional statements of the Building Code of Australia or through Alternative Solutions designed and developed by Fire Engineers and Accredited Certifiers (registered with the NSW Building Professionals Board).

FRNSW and Council’s Fire Safety Team have undertaken inspections of all premises referred and have determined appropriate actions required by property owners in order to:

· improve the provisions for fire safety at the premises;

· improve the provision of fire safety awareness;

· improve the adequacy of the premises to prevent fire;

· improve the adequacy of the premises to suppress fire or prevent the spread of fire; and

· improve the safety of persons in the event of fire.

As the premises are on private land, any required upgrades are able to be undertaken through the issuing of orders under EPAA, thereby allowing the works to be undertaken without the necessity for the lodgment of a Development Application. After all solutions are implemented and a Fire Safety Certificate is issued the building is listed on Council’s Fire Safety Register and Annual Fire Safety Inspections are required to be undertake in accordance with the Environmental Planning and Assessment Regulation 2000.

This annual inspection is to ensure that:

i. All fire safety measures are inspected by a competent fire safety practitioner to ensure they are maintained to the appropriate Standard of Performance

ii. Fire Safety Statements are maintained in the approved form and are displayed in a clearly visible position and available for viewing by Fire and Rescue NSW or Council Authorised Officer.

FIRE SAFTEY MEASURES/PROCEDURE ASSESSMENT

In accordance with the provisions of the EPAA, FRNSW has referred correspondence to Council detailing a number of concerns with fire safety measures and fire safety procedures associated with development on land at:

Property

Reason for referral:

Garden Lodge Sydney

17-23 Parramatta Road, Haberfield

1. Essential Fire Safety Measures not being maintained.

2. Access & Egress non – compliances.

3. General Issues

4. Annual Fire Safety Statement is not current and up to date.

In response, Council’s Fire Safety Team undertook an inspection of the premises as per the table below:

Property

Reason for referral:

Garden Lodge Sydney

17-23 Parramatta Road, Haberfield

Inspection of the premises has been carried out by Council and a Development Control Order has been served under Schedule 5 of the EPAA on the owner of the premises.

Following a review of the correspondence and site inspection, Council’s Fire Safety Officers, under delegated authority have issued an Order on the property owners in accordance with the EPAA.

After all fire safety solutions are implemented a Fire Safety Certificate is to be submitted to Council. This is to ensure that the new/enhanced fire safety measures for the building are included on Council’s Fire Safety Register and that annual inspections and Annual Fire Safety Statements are undertaken and submitted to Council to ensure:

i. All fire safety measures are inspected by a competent fire safety practitioner to ensure they are maintained to the appropriate Standard of Performance.

ii. Fire Safety Statements are maintained in the approved form and displayed in a prominent location within the building and available for viewing by Fire and Rescue NSW personnel or Council Officers.

FINANCIAL IMPLICATIONS

Nil

OTHER STAFF COMMENTS

Nil

PUBLIC CONSULTATION

Nil

CONCLUSION

The letter from Fire and Rescue NSW has identified a number of fire safety matters that are required to be addressed. Following an inspection, Council’s Fire Safety Officer has issued a Order requiring various audits and upgrades to the building be undertaken.

These requirements will promote adequate fire safety awareness in the building. These works are able to be undertaken in accordance with State Planning provisions through the issuing of Orders under EPAA without the need to obtain a Development Application.

ATTACHMENTS

1.⇩

Letter from Fire and Rescue NSW regarding Garden Lodge Sydney - 17-23 Parramatta Road Haberfield

Council Meeting

11 December 2018

Item No: C1218(1) Item 29

Subject: Inner West Council Land and Property Policy and Strategy

Prepared By: Brooke Martin - Group Manager Properties, Major Building Projects and Facilities

Authorised By: Elizabeth Richardson - Deputy General Manager Assets and Environment

SUMMARY

The Inner West Council is the custodian of community assets including over 2 million square metres of land with a value of $723M and 298 buildings to the value of $316M.

The Land and Property Strategy and Policy (LAPS) is a framework including the asset register that is audited and benchmarked, a Policy, four principles and strategic actions delivered over 4 years, Implementation Action Plans and a ten year Strategic Property Program. A Building audit has been undertaken to provide data for the 2019 Asset Management Plan and the LAPS. This report recommends that the Draft Land & Property Policy and Strategy is placed on public exhibition and community feedback reported back to Council.

RECOMMENDATION

THAT:

1. The draft Land & Property Policy and Strategy be placed on public exhibition for a minimum period of 28 days;

2. The results of the public exhibition and community engagement process be presented to Council recommending further action;

3. Note the outcomes of the Building audit will be incorporated into the 2019 Asset Management Plan; and

4. Note the draft implementation plans.

BACKGROUND

The Inner West Council is the custodian of community assets including over 2 million square metres of land with a value of $723 million and 298 buildings with the value of $316 million. The land and property includes all Council owned, managed and controlled lands and property. This includes land and property that is occupied by council staff for corporate services such as administration buildings and depots; Council-operated community services such as childcare centres and aquatic centres; and spaces that Council leases to others for both community and commercial use.

A strategy has been developed that identifies Council’s assets, their current use, main issues and risks and strategic needs.

Project Objectives

The Land and Property Strategy (LAPS) aims to:

· ensure the assets are being properly managed and protected for the long term best interests of the community;

· provide a framework to ensure equity, consistency, accountability and transparency in Council’s property asset decision making;

· provide a sound basis to achieve a sustainable property portfolio, generating positive community outcomes by developing and enhancing community capacity;

· guide future investment and resource allocation decisions associated with Council-owned and operated property assets to meet the diverse and evolving needs of the local community;

· ensure Council is able to undertake property asset management activities in accordance with its statutory obligations and best practice principles.

· support and deliver the outcomes from the Community Strategic Plan and other strategic plans and programs.

Strategy Process and Timeline

The process to develop and implement the strategy is outlined in fig 1 and below:

Consolidated Property Register; Building Audit & Revaluation: a comprehensive integration, verification, audit and revaluation of Council’s land and property assets was undertaken in the first year to understand what council own, how it is used, what it costs and how we are managing the assets and land.

Internal Stakeholder/Councillor engagement: There has been extensive internal engagement across Council’s various service units to ensure the strategy and policy meets current business needs. Councillors have received three (3) briefings in June, September and November 2018 to provide input into the LAPS. In addition to this report, a further report will be provided post-exhibition.

Community Engagement: It is proposed the Strategy and Policy is publicly exhibited in early 2019 for community feedback. All feedback will be provided to Council before endorsement.

Implementation: The LAPS will be implemented with a long term strategic focus. Informed decision making will ensure that short term decisions do not have an adverse impact on long term goals. The community is encouraged to provide valuable information through the engagement processes. Council will work closely with community groups to build capacity to deliver on the relevant strategic actions.

Fig 1. Strategy Process and Timeline

STRATEGIC FRAMEWORK

The strategic framework is identified in Fig 2 below. The framework connects data (single register) to support policy and strategic decision making.

Fig 2: Land and Property Strategy Framework

Single Register - Auditing and Benchmarking

The Asset Register – Asset Management

In the first year of forming the new Inner West Council, the asset registers of the 3 former councils were combined to create a single asset register. It was identified at this time that the register was not aligned in terms of the asset components, the allocation of condition and the valuation. Council must revalue assets at a minimum every 5 years or where there is a material change in condition or value within the asset class ie. the buildings asset class.

Consultants were engaged to undertake a comprehensive audit and valuation on all council-owned buildings. The audit was undertaken in accordance with industry standards and legislation. The Condition Assessment Report, Building Summary Reports and Hazardous Materials Reports are available on Councils website. www.innerwest.nsw.gov.au/laps

The following provides a summary of the audits and inspections:

· The condition, value, useful life of all asset components ie. substructure, superstructure, finishes, fitout & fittings and services are identified in the financial asset register.

· There is $26.2 million or 7.1% of the building assets in poor or very poor condition. This is the identified backlog.

· A revaluation of building assets in the 2018 Annual financial Statements of $316 million. The annual depreciation has increased from $5.8 million to $8.9 million.

· A functionality & performance assessment was undertaken and included identifying works to improve accessibility, fire safety, functionality, general compliance, safety, security, toilets. There is $4.3 million of priority works identified with another $16 million of low – medium priority.

· $444,000 of defects were identified and processed through Councils work order system as high, medium, low priority works.

· A risk assessment of the components due to condition and consequences of failure identified $1.4 million in the extreme risk and $11.9 million in the high risk.

· Hazardous materials inspections were undertaken for all Marrickville and Leichhardt buildings. Ashfield buildings will be undertaken in 2020 in accordance with the five year legislative requirement. $1.3 million of works are required within 3 years, $25,000 within 12 months.

The information collected in the audit will be utilised in developing the Asset Management Plan for 2019 including the 10 year capital works program, operational and maintenance schedules and the 2019/20 budget. This will be reported to Council in the new calendar year.

The Land & Property Register - Property Management (leases and licences)

The Land & Property Register is available on Council’s website: www.innerwest.nsw.gov.au/laps

Council staff have completed an initial audit of the Land & Property register. The following provides a summary of the status:

· All invoicing of rent and outgoings aligns with the agreed terms of the lease. This includes back invoicing for any errors identified in the reconciliation.

· A schedule for inspections and ongoing monitoring of tenant responsibilities under the lease including ensuring maintenance and fire safety is undertaken.

· There are over 30 expired or expiring leases for the Leasing Implementation Plan.

· There are 81 leases of council facilities with a total income of approximately $3.7 million per year. There are 5 commercial leases earning $3.4 million, while all of the other leases are for a significant discount to commercial rates.

· The land at Tempe currently leased to Tyne container yard and Tempe Golf Driving Range provides an investment income to Council of $3 Million annually. Transport NSW has advised that it plans to compulsory acquire the Tempe land in 12 – 18 months for the Sydney Gateway Project.

A review of Councils current property management processes was recently undertaken by KPMG to provide a program of improvements. The following is a list of improvement projects that were identified through the review that will be completed within 12 – 18 months. These processes will be included in the Property Management Guideline:

· Implementation of TechOne Property Management System.

· Prepare & Implement a process for managing hazardous materials in buildings.

· Prepare & implement a process for any amendments to tenanted properties.

· Prepare & Implement a process for tenants including a regular debtor report.

· Undertake due diligence on all tenancy agreements.

· Prepare & implement a Policy and Strategy for reclaiming outgoings to reduce costs to council.

· Develop a prioritisation framework and process for improving management of major reactive works or facilities management.

Data Management – The System

The data collected through the audits will be incorporated in the implementation of the new integrated One Council system. This includes the Strategic Asset Management system, Financial system (including the financial asset register), works order system and the lease and license system. It is intended that all of these systems are integrated and implemented by June 2019.

Benchmarking

The key performance indicators or benchmarks have been identified. These benchmarks will provide a target for Council and enable monitoring of progress. The performance will be tracked annually and reported to council. The proposed 10 year targets are identified below.

Condition: Condition is measured on a 1 (very good) to 5 (very poor) rating. The benchmark for condition is nothing less than 3 Satisfactory ie no assets to be in condition 4 or 5. The condition benchmark will identify properties that require significant investment to bring up to condition and potential opportunities for partnerships with tenants on capital contributions, change of use or disposal.

Utilisation: This is a measurement of hours of operation that is current versus what is available. The benchmark proposed is nothing below 80%.

Capacity: This is the physical constraints of the property including accessibility, compliance, space efficiency. The measures are based on legislation, industry standards, LEP, DCP, BCA and Australian Standards. The benchmark proposed is nothing below 80%.

Cost Neutral: Cost neutral means that it does not cost council to provide the property portfolio. There are two parts to this, outgoings recouped and commercial rent paid.

Benchmark	Current	10 years
Condition - backlog (poor/very poor assets)	7.1%	2%
Utilisation	40%	80%
Capacity	40%	80%
Cost Neutral – outgoings recouped (excl Tempe land leases)	12%	100%
Cost Neutral – rent received (excl Tempe land leases) ie. Council provides 30% Accommodation Grants	50%	70%

Draft Land & Property Policy

The Inner West Council draft Land & Property Policy proposes to replace the following former Council policies that are available on Councils website. www.innerwest.nsw.gov.au/laps

· Former Leichhardt Council – Sale of Council Land, Leasing Policy – Property, Leasing Policy - Residential, Leases of airspace over roads

· Former Marrickville Council – Leasing of Community Facilities Policy,

· Former Ashfield Council – Leasing Policy, Assets disposal policy (property and other assets)

The Land & Property Policy sets the framework for how Council manages its land & property ensuring a sustainable, equitable, consistent, transparent, risk management approach. The policy will include the process, terms, assessment criteria and legislative requirements for matters including:

· Classification of land (operational and community)

· compulsory acquisition

· sale, purchase, exchange or surrender of any land or other property

· Plans of management

· Land management

· Lease management

· Service Agreements

· Asset and Land Register

· Rental expectations including market benchmarking, cost recovery and accommodation grants

· Dividing Fences

· Unsolicited proposals

· Capital contributions where there are long lease/licences

· Contributed assets from developers, State Government eg residual lands, VPAs

Draft Land & Property Strategy

The principles of the Land & Property Strategy form the pillars of how land and property is managed to deliver the Community Strategic Plan. The four principle pillars of the strategy bring together Council and its property users to deliver on strategic actions. The strategic actions are staged short, medium and long term goals that provide a strategic pathway in connection with the Integrated Planning and Reporting Framework.

Council and its Property Users:

1. Optimise benefits to the community, are sustainable and equitable;

Council has responsibilities to deliver on a range of programs as described in the Community Strategic Plan. The Land & Property assets that Council own or manage support the service delivery now and in the future. The collection of data, process mapping, regular reviews, clear guidelines enable transparent, consistent and fair decision making.

2. Demonstrate industry ‘Best Practice’, be transparent, consistent, manage risk and demonstrate best value for money;

Council will operate in accordance with the legislative requirements and guidelines to ensure that it maintains its role as custodian and delivers superior services to the Community.

3. Meet the needs of our Community now and in the future;

Council will undertake Strategic property management to ensure that opportunities are capitalised and properties are managed efficiently. Long Term Planning is essential for Council to meet the needs of the future community.

4. Optimise council revenue to support services delivery and community capacity;

Council will undertake professional financial property management and provide value for money to the community. This will include commercial property management processes and an Accommodation Grants Program.

Draft Implementation Plans

The LAPS strategic actions identified under the four principles will be undertaken over the 4 year action plan. The strategic actions will require longer term, ten year implementation action plans.

The benchmarking of each of the properties based on condition, utilisation, capacity and function is provided on Councils website www.innerwest.nsw.gov.au/laps. This benchmarking will be updated regularly and will inform the implementation plans.

The Leasing Implementation Action Plan provides a prioritised list of lease renewals, Expressions Of Interest (EOI) and Request For Tenders (RFT). The Property Initiatives Implementation Action Plan provides a prioritised list of projects that are either new assets/spaces, reuse projects or new property needs.

These plans are prioritised based on vacant properties, lease expired/expiring, income can be increased or costs to council can be decreased, community benefit can be increased, adopted strategy, condition, utilisation functionality, capacity. The implementation plans must be flexible to change or opportunities and therefore they are live documents continuously updated based on moving priorities.

FINANCIAL IMPLICATIONS

The current implementation plans are based on existing resources. Capital resourcing for project initiatives will be identified in the ten year capital works program. Resource implications on strategic actions will be identified as part of the 4 year Strategic Action Plan.

OTHER STAFF COMMENTS

The Leadership Team and internal stakeholders from across all of Council have collaborated and contributed to the LAPS. Refinement and ongoing discussions will continue through the Community Engagement period.

PUBLIC CONSULTATION

Public Exhibition is proposed as the next phase of the LAPS process. Public Exhibition will allow the community and stakeholders including current and future tenants to have a say in the Policy and Strategy. The Public Exhibition period will commence in accordance with the Community Engagement Framework, after the school holiday period in January 2019 for 4 weeks. The feedback will be presented back to Council along with any amendments for final adoption.

CONCLUSION

The LAPS provides a strategic framework to deliver savings and increased revenue, identify inconsistencies, deliver efficiencies and support data driven decision-making, improve governance, processes and compliance with Councils statutory obligations, aligns with Councils long term financial plan, identify the true cost of services to Council and ratepayers and deliver a level playing field for all the community.

The LAPS is a long term strategy that will be implemented over ten years. It will require building capacity within Council and the Community to deliver on the benchmarked key performance indicators of condition, utilisation, capacity and functionality. The community engagement will provide feedback into the draft strategy prior to reporting back to Council for endorsement.

ATTACHMENTS

1.⇩	Draft Land and Property Policy
2.⇩	Draft Land and Property Strategy
3.⇩	Draft Leasing Implementation Plan
4.⇩	Draft Initiatives Implementation Action Plan

Council Meeting

11 December 2018

Item No: C1218(1) Item 43

Subject: Organics Processing Tender

Prepared By: Jan Orton - Group Manager Sustainability and Environment

Authorised By: Elizabeth Richardson - Deputy General Manager Assets and Environment

SUMMARY

On the 28 of August 2018 Inner West Council (IWC) tendered for Garden Organics and Food Organics Processing. The tender specifications included the requirement to process source-separated organic materials from IWC’s residential kerbside collection and parks garden organics as three separate streams: Garden Organics (GO), Food Organics Only (FOO) and Food Organics and Garden Organics (FOGO). Street sweeping was also included as an optional service in this tender. This report presents the findings of the Tender and the Evaluation Committees recommendations

RECOMMENDATION

THAT:

1. Council moves into closed session to deal with this matter as the information contained in CONFIDENTIAL ATTACHMENT 1 of this report is classified as confidential under the provisions of Section 10A (2) (c) and (d) of the Local Government Act 1993 for the following reasons:

I. Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

II. commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it;

2. And in accordance with Sections 10A (4) of the Local Government Act 1993, that the Chairperson allow members of the public to make representations as to whether this part of the meeting should be closed.

3. Council adopt the recommendation contained in the CONFIDENTIAL ATTACHMENT 1.

BACKGROUND

Following amalgamation of the 12 May 2016, Inner West Council has been in transition to a common resource recovery and waste management service and Charge.

Inner West Council (IWC) was created from the merger of Ashfield, Leichhardt and Marrickville councils. Serving the inner west community of over 186,000 residents across 26 suburbs Inner West Council now offers multiple and different services across waste and recycling areas.

As part of the development of a single IWC approach to resource recovery IWC through the Community Strategic Plan has as one of its key objectives to become:

A zero waste community with an active share economy by 2036.

Under the IWC Delivery Program and Operational Plan the Resource Recovery Planning and Services teams provide the administrative, education, communication, collection and processing services – at the kerb side and at other facilities – on a daily basis, to more than 75,000 households and businesses. Each week Council staff and contractors service close to 150,000 bins.

The resource recovery services are still operating as separate services due to the complexity of staffing and contract collection, differing processing / disposal contracts, and industrial arrangements. The development of a Zero Waste Strategy and Transition Plan will see the redesign of services as outlined above with details to come back to Council in mid-2019.

As part of the Transition to a common service across the IWC officers are taking opportunities as contracts come up for renewal to align contracts. The processing of garden organics and food organics is the first major contract to be harmonised.

Strategic Direction

In addition to the Strategic Objective in the Community Strategic Plan, Council, since its election in September 2017, has also made a number of resolutions with respect to organics services including at its meeting of the 30 October, that Council:

a) Endorse the planned redesign over the next 12 – 18 months, of key resource recovery and waste management services to allow Council to transition to and establish a common Inner West domestic and commercial service.

b) Endorse the use of up to $200,000 from the Domestic Waste Management Reserve to fund the development of the Zero Waste Strategy and Transition Plan.

c) Note that a report/s on redesigned services for the following will be presented to Council for consideration in early-mid 2019/2020:

a. Kerbside domestic food and garden organics and landfill services,

b. Kerbside domestic recycling services,

c. Kerbside Household Clean Up including illegal dumping and other kerbside booked collections e.g. metals, white goods, mattresses,

d. Drop off services including e-waste, problem wastes, the weekend transfer station and Community Recycling Centre/s,

e. Reuse and Recycling Centre, and

f. Kerbside commercial services (recycling, organics and landfill).

d) Include consideration of a pilot food and garden waste recycling service, to cover all households in the former Marrickville LGA, commencing when the current Marrickville LGA domestic waste contract concludes in June 2019. Options for establishing the pilot should be included in the next report to Council regarding the new contract;

e) Prepare a brief summary of best practice food recycling services provided across the local government sector, including links to any service reviews that have been conducted by councils or other organisations of these services. This should include reference to NSW Councils that have implemented, or are rolling out, a universal food recycling service. The summary should be limited in scope so as to allow it to be reported to Council in December 2018.

The purpose of this report is to provide Council with recommendations on the tender process that has been conducted over the latter half of 2018 which is a crucial component of the third point above.

An initial response to the above resolution (point (e)) is addressed in the confidential report (ATTACHMENT 1).

The summary of best practice food recycling as requested in the resolution above (point (f)), is included in the 11 December meeting agenda as a separate report.

DISCUSSION

IWC currently has three contracts for the processing of garden organics and food organics across a range of services (see table 1 below) and a range of home and community composting services. Contracts for these services are all currently on a month to month rolling contract which has allowed Council to maintain processing services while the processing services are being brought under a common contract.

The redesign of these services is underway as part of the development of the Zero Waste Strategy and Transition Plan to a common IWC resource recovery service which was reported to Council on 30 October 2018.

As part of the redesign of the organics services Council called for tenders for Garden Organics and Food Organics Processing in August 2018.

The open Tender was advertised in the Local Government Tenders section of the Sydney Morning Herald and Wentworth Courier on the 28 August 2018.

Table 1: Current garden organic and food organic services across IWC

Service Area	West (Ashfield)	North (Leichhardt)	South (Marrickville)
Green Bin – Garden Organics – opt in service	fortnightly	fortnightly	fortnightly
Green Bin – FOGO	û	û	weekly available to 1056 properties per week (trial);
Burgundy Bin - Food Organics	û	weekly available to 5,200 multi-unit dwellings	û
Composting	Compost Revolution	Compost Revolution	Compost Revolution Compost Collective for units Compost Huts trial

Tender Assessment

The tendering process was initiated and executed in accordance with Council’s Procurement Procedures Manual. An Evaluation Committee was formed, comprising of staff from specialised areas of Council with independent review by a staff member from the EPA.

Members of the Evaluation Committee used the Evaluation Plan and method to determine which companies offered the best service and value for money in the provision of Garden Organics and Food Organics Processing service to Council.

Tenders were evaluated strictly in accordance with Council’s Purchasing Policy, Procedures and Evaluation Plan, and in compliance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005.

A Tender Evaluation Plan was developed and endorsed by all Evaluation Committee members prior to the tender closing.

An Evaluation Committee was formed to evaluate the tenders in accordance with the selection criteria. The Tender Panel comprised of the following staff:

· Helen Bradley, Resource Recovery Planning Manager

· Flavia Evans, Coordinator Policy, Procurement & Reporting, RR Planning

· Allan Willding, Resource Recovery Services Manager

· Erin White, Contract Manager, Resource Recovery

· Mary Bessant, Strategic Procurement Specialist, Procurement (probity only)

· Sian McGhie, Senior Project Officer, Organics - NSW EPA (external reviewer)

The Evaluation Criteria used for the tender assessment is outlined in Table 2 below.

Table 2: Evaluation Criteria used for the assessment of the Garden Organics and Food Organics Processing

Evaluation Criteria	Tender Response	Weighting
Mandatory Criteria
Work Health & Safety Management Systems	Yes
Quality Assurance Systems	Yes
Environmental Management System (EMS)	Yes
Desirable Criteria
Proven capacity to meet Contract based on past performance including capacity to meet current service commitments		5%
Location of Processing/Transfer Station – km travelled from centre of IWC’s LGA		25%
Recovery Rate of GO, FOO and FOGO		25%
Cost per tonne to process each material stream		25%
Service Standards and Methodology and Implementation Plan		10%
Conversion and end market of GO, FOO and FOGO materials; Innovation/technology to process each material stream		10%
Total		100%

FINANCIAL IMPLICATIONS

The financial implications are discussed within the confidential report.

PUBLIC CONSULTATION

Nil

ATTACHMENTS

1.	Organics Processing Tender Assessment Report - Confidential

Council Meeting

11 December 2018

Item No: C1218(1) Item 46

Subject: Land & Property Strategy Initiatives

Prepared By: Brooke Martin - Group Manager Properties, Major Building Projects and Facilities

Authorised By: Elizabeth Richardson - Deputy General Manager Assets and Environment

SUMMARY

The Land & Property Strategy includes an Initiatives Implementation Plan. This report provides details on five of the projects in the plan and requests endorsement to progress the project actions. The projects will deliver savings and increase revenue, improve the utilisation and capacity of council assets and deliver a level playing field for all the community. The projects will be undertaken in accordance with Councils procurement policy and legislative requirements. The confidential details are provided in the attachments.

RECOMMENDATION

THAT Council:

1. Undertake a Request for Tender process for the sale of Lots A & B DP 438174 and Lots 1, 2 & 3 in DP 598422 known as the Chester Street Carpark Petersham:

a. The Tender include increased carparking, improvements to the rear access and balance in cash; and

b. Report to Council a recommendation following the RFT process.

2. Undertake an Expression of Interest process and award the lease for the property known as Balmain Pump House;

3. Undertake an Expression of Interest process and award the lease for the property known as New Marrickville Library Development – Commercial Tenancy;

4. Undertake an Expression of Interest process and award the lease of the property known as New Marrickville Library Development – Café; and

5. Undertake a two stage Expression of Interest process for the Marrickville Town Hall Reuse.

a. Report to Council on the outcomes of the Expression of Interest; and

b. The proposal for the second stage Request for Tender.

BACKGROUND

The Land & Property Strategy (LAPS) provides a strategic framework to deliver savings and increase revenue, improve governance, processes and compliance with Councils statutory obligations and deliver a level playing field for all the community. The LAPS Initiatives Implementation Action Plan includes the following projects. The confidential details are provided in the attachments.

1. Chester Street Petersham Carpark Sale Request For Tender

The Chester Street carpark (Lots A & B in DP 438174 and Lots 1, 2 & 3 in DP 598422) is 704sqm, with a 20m height limit (6 storeys), Zone R4 FSR 1.3:1. The carpark currently provides 18 off street car spaces. The Petersham parking study identified a need for more parking in the area and there are accessibility issues with businesses on New Canterbury Rd. It is recommended to undertake a Request for Tender to provide increased carparking (36 spaces), improvements to the rear lane access and the balance in cash.

2. Adaptive Reuse Balmain Pump House Expression Of Interest

The Balmain Pump House was transferred to Council in 2003. There are works required to the property in order for it to be utilised, hence it has been left vacant since it was transferred. The Plan of Management allows adaptive reuse for a practical use and human presence to reduce vandalism and to promote heritage value. It is proposed to undertake an Expression Of Interest for a suitable tenant.

The adaptive reuse of the Pump House is included in the 2011 Plan of Management for Bridgewater Park which states:

“The Pumphouse is a significant feature of the park due to its historical links to industrial architecture and archaeological significance. In respect to this plan of management and the significance of the building’s location on Balmain Shores and the extended bay run, it recommended that Council undertake the development of a Conservation Management Plan to govern future maintenance and management options for the building. Secondly it is recommended that a business plan is also undertaken to explore potential adaptive reuse options, which Council can consider as part of the long-term management and conservation of the building. Adaptive reuse of the building is required not only to give the building a practical use and human presence but also to address ongoing issues associated with vandalism to the fabric of the building and promotion of its heritage value”

3. New Marrickville Library Redevelopment – Commercial Tenancy – Expression Of Interest

The premises is a single storey red brick dwelling with access of Lilydale Street, Marrickville. The commercial lease space is 235sqm located in the heritage building with a number of small rooms. The commercial tenancy was planned by Council to provide ongoing income. It is proposed to undertake an Expression of interest (EOI) for the commercial use of the leased space.

4. New Marrickville Library Redevelopment – Café – Expression Of Interest

The New Marrickville Library is located on the corner of Livingston Road and Marrickville Road, Marrickville. The café is 29 sqm and is located on the ground floor adjacent to the Level 1 South library section. It contains outdoor seating to the north which can be accessed from the main street and rear car parking. The café will be fitout with a small kitchen and areas for coffee machine. It is proposed to undertake an Expression of interest (EOI) for the cafe lease.

5. Marrickville Town Hall Masterplan - Reuse Expression Of Interest

The New Marrickville Library will be opening in 2019 (estimated August) and the existing library will relocate leaving the Town Hall mostly empty. It is proposed that a two Stage EOI/RFT process be undertaken for the reuse of the spaces. The criteria will encourage colocation of existing and new IWC tenants to create a hub. The first stage will be a simple process to increase accessibility and innovation. The second stage will be an offer of certain space to certain applicants for a further submission. The aim will be to achieve cost neutral with a commercial and community offset. The masterplan will provide a concept design of spaces subject to the EOI/RFT process. Community engagement will be integrated with the masterplan and the EOI process.

The New Marrickville Library will be opening in 2019 (estimated August). Planning is underway for the relocation of the library from the Marrickville Town Hall to the new building on the corner of Marrickville and Livingstone Roads.

After the library relocates there will be available spaces within the Marrickville Town Hall as per the yellow areas below in the basement floor, ground floor and first floor. There are significant works planned for the Town Hall of the next 18 months including a lift installation and external façade renewal.

floor plan MTH

A masterplan for the Marrickville Town Hall will commence early in 2019. The masterplan will look at opportunities to increase the use of the buildings and add value to the buildings. There are significant works planned at the Town Hall to improve the condition and compliance. The masterplan is a long-term planning, 10 year plan that sets up a framework for future use and associated capital works of the building. Masterplans for Petersham and St Peters Town Halls will also commence in 2019.

Community engagement for the masterplan and the Reuse Expression of Interest will need to integrate and compliment. The community feedback will inform the masterplan and the reuse design.

RECOMMENDATION

It is proposed to undertake a two staged Expression of Interest process for the reuse of the Marrickville Town Hall.

The first stage will be a simple template of questions for interested tenants to provide information about the service they provide. The EOI process will also be open to Council services such as the history services collection and venue management. Existing tenants occupying Council buildings where they are not fully utilising the space will be encouraged to review this opportunity to relocate. The criteria will include:

· Multiple Benefits: What is the service and how will it be delivered.

· Collaboration: How will the service work with complimentary services and collocate to form hub and deliver common outcomes. Potentially there may be an opportunity to create multiple organisational teams.

· Space/facility requirements: Aesthetic, integration with other services, ease of implementation

In collaboration with the master planning process the space opportunities will undergo a concept design. The second stage will be an offer of certain space to submit a tender. The criteria will include.

· Benefits: Benefits of the proposed service.

· Capacity: Capacity to deliver the service.

· Experience: Experience in delivering the service.

· Value for money: Rent and any other financial specifications

Draft Program

1. Council endorse the project – December 2018

2. Expression of Interest Process First Stage – Feb til March 2019

3. Assessment of First Stage Expression of Interest – April 2019

4. Council endorse the concept design – May 2019

5. Expression of Interest Process Second Stage – June til July 2019

6. Assessment of the second stage – August 2019

7. Execute Lease Agreements – September/October 2019

8. DA for improvements – November til January 2019

9. Undertake works – February til June 2020

10. Commence Operation – July 2020

FINANCIAL IMPLICATIONS

The estimated income from undertaking the projects identified in this report are included in the confidential attachment

PUBLIC CONSULTATION

The Request For Tender and Expression of Interest Processes will include a marketing strategy to engage public interest for the projects.

CONCLUSION

The five projects will deliver savings and increase revenue, improve the utilization and capacity of council assets and deliver a level playing field for all the community. The projects will be undertaken in accordance with Councils procurement policy and legislative requirements. The confidential details are provided in the attachments. It is recommended to proceed with the following actions as detailed in this report and attachments.

1. Undertake a Request for Tender process for the sale of the Chester Street Carpark Petersham.

2. Undertake an Expression of Interest process for the Balmain Pump House.

3. Undertake an Expression of Interest process for the New Marrickville Library Development – Commercial Tenancy.

4. Undertake an Expression of Interest process for the New Marrickville Library Development – Cafe.

5. Undertake a two stage Expression of Interest process for the Marrickville Town Hall Reuse.

ATTACHMENTS

1.	LAPS Initiatives Project Plans - Confidential
2.	Valuation 5-7 Chester Street Petersham - Confidential

[2] 100% renewable generally refers to renewable electricity. Some commentators suggest that all fuels should be transitioned to renewables (e.g. fleet fuel and natural gas). However noting the general usage of the term and the fact that the timeframe for transition from fleet fuel and natural gas is 10+ years, this report recommends adoption of a near-term target for 100% renewable electricity. As described in the Pathway, Council has established a longer-term plan to transition fleet fuel and natural gas to renewables.

[3] Estimated cost over ten years based on offset costs at $1.5 or $7.5 or $15 per tonne CO2e, assuming programme of work in Table 2

Issue	Response
Frontier Wars: were there any within the Inner West LGA?	Research has shown that there were only Aboriginal raids and attacks with destruction of crops and property (around the Balmain East area) within the Inner West LGA (see appendices #1)
Designs of current ‘Frontier War Memorials’.	Research has shown that the few Aboriginal Frontier War Memorials that have been erected within Australia have a look of TOMB stone more than a memorial or artwork. (see appendices #2)
Frontier War Memorial should this be what Council is promoting?	There are large number of memorials commemorating War, is it possible to give some thought about commemorating the ‘SURVIVAL’ of the Aboriginal and Torres Strait Islander peoples
Location of a memorial (celebrating the survival of the Aboriginal peoples)	This should be not in one place but across the whole LGA that tells the story of the Aboriginal peoples survival through the colonisation of this country and particularly this LGA.

WARD	PROPOSED ABORIGINAL WORD/S	WAYFINDING ARTWORK/SCULPTURE
Balmain	1. Leather Jacket – baludarri 2. Black Duck – yurungay 3. Oyster – Badangi 4. Tea Tree – bunya	Fish Traps @ King George Park
Leichhardt	1. Grass Tree – gulgadya 2. Possum – wali	Grass Tree @ Hawthorn Reserve
Ashfield	1. Magpie – djarrawunang 2. Bat – wirambi 3. Wattle – wadanguli	Mural @ Cadigal Reserve (Longport Street Wall)
Marrickville	1. Lillypilly – midjuburi 2. Dingo – dingu (also a consolation in the Southern skies) 3. Bark Canoe – nawi	Bark Canoe (nawi) @ Steel Park
Stanmore	1. Port Jackson Fig – damun 2. Bandicoot – burraga 3. Sulphur-crested Cockatoo – garraway	Aboriginal Seating @ Camperdown Memorial Rest Park

1.⇩	Recorded sites of conflict during colonisation (map)
2.⇩	Pictures of current Frontier War Memorial across Australia
3.⇩	Concept of pictures of ideas for possible memorials

1.⇩	Successful Grant Recipients 2018-19
2.⇩	Unsuccessful Grant Recipients 2018-19
3.⇩	Open Inner West 2018 Feedback from Acquittals

1.⇩	Attachment 1 - DRAFT Yeo Park and Gough Reserve Plan of Management
2.⇩	Attachment 2 - FINAL Yeo Park and Gough Reserve Plan of Management

1.⇩	Community comments together with Council's response
2.⇩	Statement of Business Ethics

1.⇩	Photos of David Street
2.⇩	Photos of Faversham Street
3.⇩	Photo of Illawarra Road