Supplementary AGENDA  2R

 

Distributed on 25 June 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Meeting

                          

TUESDAY 29 JUNE 2021

 

6.30pm

 

 

   


Council Meeting

29 June 2021

 

 

 

MEETING AGENDA – PRECIS

SUPPLEMENTARY ITEMS

 

 

The following reports appear as late items with as information required for the preparation of the reports was not available at the time of distribution of the Business Paper.

 

ITEM                                                                                 Page

 

C0621(3) Item 33     Revised Delivery Program 2018-2022 year 4, Operational Plan, Budget, and Fees and Charges 2021-22 - outcomes of public exhibition                                  3

 

C0621(3) Item 32     Greater Sydney Parklands White Paper and Callan Park                                      253

 

 

  


Council Meeting

29 June 2021

 

Item No:         C0621(3) Item 33

Subject:          Revised Delivery Program 2018-2022 year 4, Operational Plan, Budget, and Fees and Charges 2021-22 - outcomes of public exhibition           

Prepared By:      Prue Foreman - Communications and Engagement Manager and Daryl Jackson - Chief Financial Officer 

Authorised By:  Peter Gainsford - General Manager

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.   Note the outcomes of the public exhibition of Council’s draft key strategic documents

2.   Adopt Rating Structure scenario 1 (immediate harmonisation option) to harmonise rates effective 1 July 2021 as required by the NSW Government, including:

a.   Reallocation of $600,000 of rate revenue from Business General category, to be evenly levied across the shopping mall subcategories

b.   100% harmonised rate structure from 1 July 2021 and minimum rates of:

i. Residential minimum $850

ii.            Business general minimum $820

3.   Note that the budget includes a Domestic Waste Management Charge subsidy which will return $5.8M to ratepayers in 2021/22 and help to smooth out changes in rates caused by Rates Harmonisation

4.   Adopt the draft:

·    Revised Delivery Program 2018-22 year 4, and Operational Plan and Budget 2021-22

·    Fees and Charges 2021-22

·    Long Term Financial Plan 2021-31

·    General Rates Revenue Policy

 

 

 

DISCUSSION

Background

As Council elections were delayed last year due to COVID-19, the original Delivery Program has been extended to a fourth year.

 

Council at its meeting on 11 May C0521(1) Item 53 resolved to publicly exhibit its draft key strategic documents: 

 

·    Revised Delivery Program 2018-22 year 4, and Operational Plan and Budget 2021-22

·    Fees and Charges 2021-22

·    Long Term Financial Plan 2031-31

·    General Rates Revenue Policy

 

Public exhibition

 

The draft documents were placed on public exhibition on 24 May 2021.

 

On 27 May the public exhibition was updated due to the NSW Government passing legislation which allowed councils to phase in rates harmonisation. Rates tables showing the impact of phased rates harmonisation were added to the public exhibition documents. The public exhibition period was extended to 24 June to allow the full 28 days exhibition of the rates tables.

 

The draft documents were exhibited:

·    Online at Your Say Inner West

·    In hard copy at Ashfield, Leichhardt and Petersham Service Centres, and Marrickville and Balmain Libraries

 

The exhibition was promoted through:

·    Your Say Inner West monthly e-news

·    Council website

·    Social media

·    Email to all Local Democracy Groups

·    Email to all community groups on the IWC register

 

A ten-minute video explainer webinar was produced and made available on Council’s YouTube channel and Your Say Inner West site. 

 

Submissions were invited through an online form or by mail. Assistance was provided through promotion of the Interpreter and National Relay services.

 

Submissions

 

During the exhibition period, the project page was visited by 444 people, of whom 225 interacted with the information on the page including 199 downloads of a document and 137 views of the budget explainer webinar.

 

Thirty submissions were received which were analysed and themed as outlined below with officer response comments.

 

Response to

Theme

Comment

Response

Amendment required?

LTFP

Budget

Fees and Charges

DPOP

Financial Reporting

Request for improving transparency and accurate in financial reporting and improving budget performance and priorities.

Council continues to review and improve its reporting capabilities using its current systems/technology.  Transparency of information at the appropriate level keeping the community fully informed covering its performance - month end results reporting, quarterly budget review and annual operating plan and budget is a high priority.  Annual financial statements and notes are audited by the Audit Office of New South Wales on a yearly basis.

No

Budget

DPOP

Rates Harmonisation – shopping mall category

Rates outcome proposed for shopping mall category is unsupportable in the current retail environment.

-        Note confidential submission received has been distributed separately to councillors

Council’s modelling demonstrated that malls have greater access to, make more use of and therefore benefit more from some Council services.

No

LTFP

Schedule works

Request for surveys for what residents want funding to be spent on.

Council engages with the community on their preferred works through a number of avenues including, the Strategic Plan, the annual budget, and through specific masterplan and plans of management programs.  In addition, when it comes to specific upgrade projects, the community is asked to comment on the proposed designs through the Your Say Inner West website.

No

Fees and Charges

OOSH

Request to decrease the notice period for families who are leaving OOSH services.

The 20-day notice period is required as the enrolment levels impact the legislative staffing requirements and budgeting levels ie if enrolments reduce or increase the staffing numbers are adjusted accordingly.   This is a consistent approach across all of Council’s Education and Care centre-based services ie Long Day Care, Pre-School and OOSH as it also takes into consideration the administration and liaison with families on the waitlist.

There is a plan for the 2021/22 year to develop a marketing plan for Council’s Children’s Services and the feedback regarding promoting at the schools is noted.

No

Budget

Budget concerns

Concerns about the over-run costs for projects such as the Ashfield Aquatic Centre.

The Ashfield Aquatic Centre was delivered on time and on budget in accordance with Council’s adopted scope of works for the project.  A report on the final project costs was considered at the Council meeting on the 8 December 2020.

No

Cycleways

Concerns that the capital budget for cycleways is decreasing.

Council has allocated $23.6m to cycling infrastructure in the Inner West over the next four years.  Additional cycling infrastructure will be provided with the Greenway and UAIP projects.  This is a substantial program of works.  Council was successful in the implementation of RR07 Lewisham to Newtown cycleway in 2020/2021, which was funded from the TfNSW pop-up cycleway program.  Council will continue to apply for external grant funding for cycleway projects. 

No

Iron Cove Creek Masterplan

Multiple requests for the funding to be allocated for an Iron Cove Creek Masterplan to create a walkway/cycleway from Dobroyd Canal to Ashfield and to connect with existing paths in Iron Cove Bay.

The request for the Iron Cove Creek Masterplan to be included in the budget arose after the draft budget had been prepared.  Council staff have put in an application for grant funding for this project.  Notwithstanding, the outcomes of the application for grant funding, it is intended to give consideration to funding this project through the Quarter 1 budget review process.

No

Verge Mowing

Query about the budget for verge mowing increasing and if this means the frequency will increase.

Council spends over $9m on streetscape maintenance each year.  Council has adopted the following service standards for verge mowing:

-       Summer program from November to March with a 20 working day service cycle

-       Winter program from April to October with a 40 working day service cycle

Council’s service delivery over the Summer of 20/21 was impacted by the need for inhouse staff to take over the streetscape maintenance from a contractor in the former Ashfield area.

Any increase in service standards for the verge mowing service would have a substantial impact on the operating budget.

No

DPOP

 

Footpaths

Increase funding and focus for footpath assessments to make it easier for residents to request upgrades which provide access to green space. Additionally, footpaths should have slopes so puddles do not form.

Council has allocated over $9m for footpath renewal and upgrade over the next four years. It is agreed that footpaths should be designed such that they do not pond during rain.  If there are specific locations of concern, these areas should be brought to the attention of staff so that they can be investigated.

No

LEP

The documents lack detail on the LEP update.

Council adopted a Inner West LEP which consolidated the LEPs of the 3 former Councils. This is currently with the Department of Planning, Industry and Environment for final gazettal, and should be gazetted by the end of 2021. The remaining LEP stages are to be finalised in 2022. The timing of the LEP stages are reliant on the Department of Planning, Industry and Environment ability to process the LEPs.

No

Performance Measures

Request for performance measure reporting to be transparent and against targets. Request for more measures to assess environmental achievements/

Performance measures will be reported on through the Integrated Planning and Reporting (IPR) framework and published six monthly. Measures and indicators will be reviewed as part of the development of the next suite of IPR documents which will be adopted in June 2022.

No

Climate

Limited budget for solar projects

Council has funded a rooftop solar and energy efficiency program under the Climate and Renewables Strategy through a $1.6m multiyear capital works program.  Staff resources from Capital Projects and Urban Sustainability have been allocated to manage the roll-out. This work has more than doubled Council’s solar capacity since the program commenced. 
Further solar installations will occur over financial year 2021/2022, including a large new system at St Peters Depot.    Solar PV is not feasible on all Council roofs due to (for example) orientation, shading, structural issues or planned changes to the site.  A comprehensive review of Council buildings with roof space has been undertaken to assess whether solar PV can be installed, and the rollout is addressing all suitable buildings. Council is also supplied with over 4 million kilowatt-hours of renewable power each year from Moree Solar Farm.  The solar supply began on 1 July 2019 via a Power Purchase Agreement.

No

Climate

Updates required on LED street lighting project

The replacement of street lights on residential roads with energy efficient LEDs is essentially complete, with 99% of the nominated globes replaced throughout the Inner West.  Some newer lights (42W compact fluorescents) were not replaced as they still have life in them but will be replaced in later stages of work.  Council is now working with Ausgrid and other stakeholders to undertake similar upgrades on main road streetlighting.  The website will be updated to reflect latest project implementation from Ausgrid received recently.

No

Climate

Electric vehicle charging infrastructure needed.

Council has commenced preparing an electric vehicle encouragement policy that is anticipated for public comment end 2021. This Policy is in accordance with Council’s Integrated Transport Strategy, which was adopted in 2020, and will provide a framework to inform Inner West Council’s future accommodation of electric vehicles charging over the next decade. It is anticipated the Policy will include recommendations on:
• provision of publicly accessible electric vehicle charging facilities, both kerbside and in Council car parks;
• accommodating electric vehicle charging in new and existing developments;
• catering for the needs of residents who do not have off-street parking;
• catering for the needs of electric vehicle car share schemes;
• other incentives to encourage electric vehicle uptake.
The Policy will also explore opportunities to provide electric vehicle charging through partnerships with State, Federal and private agencies/companies.

No

Climate

Incentives for Council to convert fleet and plant to electric.

The Leaseback Motor Vehicle Policy has been amended to reflect the transition to an all-hybrid lease-back fleet and has been endorsed by the Joint Consultive Committee (JCC) and approved by the Executive. Additionally, full electric vehicles will be increasingly introduced as costs decrease and the proportion of renewable electricity increases, commencing first with pool cars and regulatory vehicles. An all-hybrid lease-back vehicle fleet is a practical first step in the transition to a zero-carbon fleet. The lease-back fleet is currently mainly composed of traditional internal combustion engine (ICE) vehicles. However similar hybrid options are available and offer a straightforward like-for-like swap.
Analysis of a) the current lease back fleet, b) hybrid car replacement options, and c) scheduled vehicle turn-over shows that:
• Transitioning the lease-back fleet to all-hybrid is cost neutral
• Full transition can happen within two years
• An all-hybrid lease back fleet would reduce lease back fleet emissions by 26%
• An all-hybrid lease back fleet would reduce other tailpipe emissions.
Additionally, full electric vehicles will be increasingly introduced as costs decrease and the proportion of renewable electricity increases, commencing first with pool cars and regulatory vehicles. Hybrids are a useful interim measure while Council converts electricity supply to renewables and establishes electric charging infrastructure.

Council has transitioned a number of gardening tools to electric.  Old tools will continue to be replaced with energy-efficient tools as they reach end-of-life where an electric tool is fit for purpose from existing budget.

Council staff are not provided with petrol or diesel cars as part of their packages (apart from some operational vehicles such as utes).  Council staff are equipped with hybrids since policy change in 2020. Staff incentives for electric bikes for consideration as part of a Workplace Travel Plan.

No

Climate

Commit to funding more street trees to combat urban heat.

Council funds new street tree plantings (as well as the maintenance of existing street trees) on an annual basis.  Staff resources have been allocated to both street trees and natural areas management.


Council is undertaking the largest investment in public tree planting in the history of the Inner West. Council will spend $3 million in accelerated funding in the next year on planting 2,600 trees. Plus, Council will plant 1,000 trees in grass verges and parks this year as part of the annual in-house planting program.

Additional street trees are routinely planted as part of road upgrades and similar Council projects. Council is also protecting and restoring 21 hectares of natural areas across the LGA from Birchgrove to the Cooks River and along the Greenway corridor. 

No

Climate

Funds and researched required to phase out methane gas consumption.

In accordance with the Climate and Renewables Strategy, Council is removing gas connections during redevelopment of assets, wherever feasible.  For example,

• the Ashfield Aquatic Centre previously ran on gas but is now driven by electric heat pumps
• the Haberfield Centre & Library redevelopment involved disconnection of the gas supply and installation of a large solar PV system on the roof

No

Climate

Request for more funding for energy efficient and renewable energy grants, programs and upgrades.

Environmental Grants currently aimed at NFP’s only. Broadening grants to private property would require further review/analysis.
Currently assisting sports clubs with webinars  and assessments with Australian Energy Foundation
Residential properties assisted through:
• Australian Energy Foundation quotes and information service
• Go solar for Strata
Commercial properties assisted through:
• Go solar for business
• Australian Energy Foundation

No

Climate

Request to consider a rebate scheme for cloth nappies and reusable sanitary items.

A rebate for a specific waste stream was reviewed previously and due to the high level of administration required by officers and variance of waste streams where reusable options are available it was determined that a user-pays waste charge would be more equitable so that households could reduce the amount of waste they generate by targeting actions relevant to them, in turn paying a lower waste charge. Equally a household creating more waste would pay a higher charge.
The domestic waste charges are for small (55/80 litre), standard (120 litre) and large (240 litre) garbage bin sizes.

No

Climate

Request for funding for an Inner West Street Gardens Policy.

Council has a Sustainable Streets program that encourages street gardens.  Further information can be found on Council’s website.   Dedicated officer employed to manage the program – an Inner West wide policy is currently in early stages of development.

No

Climate

Fund, research and resource programs for educating Council, Councillors and the community about issues including climate change, the health impacts of leaving vehicles running, emissions in construction and developing an idle-off policy.

Council continues to work closely with the community on environmental issues and will consider bringing topics such as the idle-off issue to networking groups like the Sustainable Schools Network to continue the conversation. These ongoing concerns will be included in the review cycle of the IPR framework.

No

Climate

Request for more research on environmental issues and to provide updates on climate action progress.

Council adopted the Climate and Renewables Strategy at an ordinary meeting on the 10 December 2019 with outcomes to be reported through the Integrated Planning and Reporting Framework. Further information about this strategy and others can be found at Council's website.

 

No

 

No changes are recommended to the draft documents as a result of the public exhibition.

 

Rates harmonisation

 

Council has been briefed over the last year on several occasions and received reports about Rates Harmonisation, including outcomes of community engagement undertaken from Dec 2020 to Feb 2021. 

 

By law, all amalgamated councils must harmonise rates from July 2021. Inner West is not increasing its overall income from rates however harmonisation means some individual rates will change. Harmonising rates means that rates will be levied fairly across the Inner West.

 

The Independent Pricing and Regulatory Tribunal (IPART) approved Council’s application for new minimum rates which will ensure ratepayers contribute adequately and fairly for the cost of services provided. IPART found that Council’s proposal was reasonable and fairly considered the needs and concerns of residents.

 

It is proposed that Council establish the following categories and sub-categories:

·    Residential

·    Business – general

·    Business – industrial

·    Business – malls

Ashfield Mall

Leichhardt Marketplace

Norton Plaza

Marrickville Metro (proposed additions to Marrickville Metro will be recategorized to Malls subcategory once it is confirmed to be fully opened / operational)

·    Business – airport

 

Minimum rates
The proposed minimum rates are:

·    Residential minimum $850

·    Business general minimum $820

 

Minimum rates can only be increased by the IPART approved Rate Peg each year. Should Council resolve to set a lower minimum rate, a Special Variation application to IPART would be required to raise minimum rates above the rate peg level in future years.

Rates Benefits model – Shopping malls

As previously reported to Council, a harmonised rates structure should consider the principle that some ratepayers make more use of or benefit more from Council services. Council engaged Morrison Low to provide a benefits model, comparing rates paid to potential benefits received for each category. The results are presented in the table below.

 

 

This demonstrated that malls have greater access to, make more use of and therefore benefit more from some Council services. Council previously resolved to consider transferring $600,000 from Business General category to all Shopping Mall sub-categories. 

 

Legal advice is that Council has broad discretion to create categories, subcategories and ad valorem rates, and no criteria are to be satisfied. The 2010 Marrickville case confirmed:

-      Councils’ power to set a rate

-      That there is no overriding requirement of fairness or equity

-      In setting a rate, no findings of fact are needed, therefore evidence is not required.

Harmonisation – timing

In May 2021 the NSW Government passed the Local Government Amendment Bill 2021 which allowed for harmonisation of rates across up to eight years. In response Council updated its public exhibition documents to exhibit ratings scenarios as outlined below, including immediate 100% harmonisation, or harmonisation over four or eight years.

 

It is proposed to adopt the 100% harmonisation scenario effective 1 July 2021. This scenario is the fairest and most transparent option which equitably allocates the rates burden across the Inner West.  A transition pathway over four or eight years would result in increased complexity during the transition period and greater uncertainty for ratepayers. A transition pathway would also require additional resourcing with two additional temporary rates officers required to administer the process.

 

Council has made clear its opposition to the NSW Government’s forced rates harmonisation policy.  Rates harmonisation will result in some ratepayers paying higher rates than previously while others will pay lower rates. It is proposed to mitigate the effects of rates harmonisation by concurrently harmonising the Domestic Waste Management Charge.

 

Rating structure scenarios

These scenarios assume Council resolves to transfer $600,000 of rates revenue from Business General to the Shopping Mall sub-categories.

 

 

Domestic Waste Management Charge

 

The Domestic Waste Management Charge is a separate charge from Rates and will also be harmonised from 1 July 2021.

 

Council has been briefed on a proposal to return $5.8M per annum over six years through a subsidy to ratepayers as Council aligns its Domestic Waste Management Charge to its Resource Recovery strategy.

 

The table below demonstrates that while former Ashfield Council ratepayers will see a small increase in the Domestic Waste Management Charge, former Leichhardt Council ratepayers will see an average reduction of $80 and former Marrickville ratepayers will see a reduction of $114.50 per annum.

 

The proposed pricing structure for the Domestic Waste Management Charge is outlined below.

 

 

These changes will help to smooth out the impact of changes in rates caused by Rates Harmonisation.

 

Road to budget repair

·    Childcare fees

Fees have not changed for two financial years while the cost to provide this service has increased on a yearly basis.  Staffing costs and expenditure have increased by $1m or 5.8% over the same period.  Council will consult with parents of children who attend the childcare facilities proposing a daily fee increase of $4.00 except for Globe Preschool which is proposed to increase by $3.00 per day from 1 January 2022.  This will reduce the overall impact of providing this service to Council by approximately $250k in 2021/22 financial year.

 

·    Efficiency saving

A review of the labour cost has resulted in a revised amount that reflects the attrition rate Council has experienced in previous financial years.  This includes budgeted vacant/unfilled positions.

 

·    Operating expenditure review

A review of Council’s depreciation expenditure is to be undertaken to confirm the depreciation calculation and the assets’ useful life currently in the Asset Management System in Technology One.  Benchmarking Council’s depreciation expenditure and in turn its assets’ useful life against similar councils highlighted a difference in depreciation expenditure of approximately $2.8m. Further analysis is required to understand how other councils account for their renewal and new/upgrade work within the same capital project. 

 

It is important to note that getting depreciation right is essential to understanding the long-term sustainability of Council. If depreciation is overestimated Council will appear unsustainable when that may not be the case, or if depreciation is understated the reverse may be true.

 

Changes to the draft documents which were publicly exhibited

·    Budget updated with additional savings which has reduced the budget deficit to $4.395M for the 2021/22 financial year

·    Section 3 of the Delivery Program and Operational Plan has been retitled Statement of Revenue Policy to align with legislative requirements

·    Rates information on pages 47-48 changed to reflect the recommendation for 100% harmonisation

·    Minor grammatical and formatting changes

 

 

FINANCIAL IMPLICATIONS

Council is required to adopt its Delivery Program, Operational Plan, Budget and Fees and Charges for 2021-22 by 30 June.

 

CONCLUSION

The Revised Delivery Program 2018-22 year 4, and Operational Plan and Budget 2021-22 build on last year’s ‘infrastructure budget’ which focused on stimulating the local economy, delivering new infrastructure and fixing ageing infrastructure.

 

This year Council is focused on delivering key projects and strategies, reducing the infrastructure backlog by segregating funds to ensure key assets are renewed at the appropriate time in their lifecycle, harmonising rates equitably across the Inner West as required by legislation and delivering savings which reduce our budget deficit to $4.395M for the 2021/22 financial year. The deficit will reduce to $500,000 in 2022/23 as we implement our Real Estate Property Investment Strategy and  purchase commercial property to provide Council with an ongoing revenue stream to offset the loss of annual income valued at $4M that resulted from compulsory acquisition for the Sydney Gateway.

 

 

 

 

ATTACHMENTS

1.

Final draft Delivery Program 2018-22 Year 4, Operational Plan and Budget 2021-22

2.

Final draft Fees and Charges 2021-22

3.

Final draft Long Term Financial Plan 2021-31

4.

Final draft General Revenue Policy

  


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Council Meeting

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Council Meeting

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Council Meeting

29 June 2021

 


 


 


 


 


 


 

 


Council Meeting

29 June 2021

 

Item No:         C0621(3) Item 32

Subject:          Greater Sydney Parklands White Paper and Callan Park           

Prepared By:      Aaron Callaghan - Parks and Recreation Planning Manager  

Authorised By:  Simon Duck - Acting Director Development and Recreation

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.       Make a submission in relation to the NSW Government “White Paper-Parklands for the People” requesting that:

 

a)   The NSW Government recognise the historical, cultural and recreational importance of retaining Callan Park as a regional parkland of over 60 hectares in size;

 

b)   Governance and management responsibility of the parklands, as a whole is managed by the Greater Sydney Parklands to ensure the ongoing protection of the parklands;

 

c)   The concept of precinct management of the parkland by different Government agencies is removed with governance arrangements transferred to a Parkland Trust to ensure ongoing protection of the parklands; and

 

d)   A Community Trust or Parkland Advisory Board is established and that membership of the Trust/Advisory Board includes local skill sets which include heritage expertise, indigenous representation, legal expertise, local Council representation and recreation and health expertise.

 

2.   Support a review of legislative models governing future parkland management in recognition of the need to support greater funding autonomy for the parklands provided that protections to Callan Park are safeguarded.

 

 

 

 

DISCUSSION

The NSW Government has released a “White Paper-Parklands for the People” (Attachment 1) which is focused on the creation of a legislative framework for the future management of the Greater Sydney Parklands. The “White Paper” submission process closes on 5th July 2021.

 

The Greater Sydney Parklands is NSW Government agency which was established in 2020. Led by an independent board, the remit of the agency is to:

 

·    advocate for parks to ensure a unified voice that will drive the 50-Year Vision

·    be an innovative manager and responsible custodian of the current Parklands Estate

·    identify new parks to include in the Parklands Estate

·    lead the discussion with state agencies and Councils to champion for future needs.

 

The Greater Sydney Parklands (GSP) consist of 6,000 hectares of the following iconic areas of state significant open space:

 

·    Centennial Parklands (Centennial, Moore and Queens parks),

·    Callan Park,

·    Parramatta Park,

·    Western Sydney Parklands and Fernhill Estate.

 

 

Summary of the “White Paper-Parklands for the People”

The White Paper consistently states that it is not proposed to repeal existing legislation or to remove any of the current protections for the parks for which GSP is responsible.

 

The White Paper proposes a preferred option that retains existing legislation applying to existing parks, such as the Callan Park (Special Provisions) Act and creates new legislation that will:

1.   Establish the Greater Sydney Parklands Trust (GSPT) as the body responsible for managing existing and future significant parks across Sydney;

2.   Create a new umbrella trust while maintaining existing legislation for all of the parks;

3.   Create an overarching governance framework for the parks subject to existing legislation;

4.   Allow for appointment of a skills-based board to provide strategic oversight of park management within the terms of existing legislation and the proposed new legislation;

5.   Provide for community consultation and commit to a consistent approach to consultation and engagement with the community; and

6.   Establish community-based trustee boards to represent community voices and advise the GSPT.

Reasons given for the proposed change include:

 

1.   Creating a more strategic, transparent approach to the creation and management of significant parks;

2.   Creating sustainable finding streams for parks;

3.   Maximising funding by streamlining back office administrative functions;

4.   Elevating the GSPT as a city-wide agency that can participate in metropolitan-scale strategic planning discussions to embed good outcomes for parks.

 

 

Legal advice

 

Following the Mayoral Minute dated 8 June 2021 requesting advice on the 2020 proclamation vesting part of Callan Park in the Centennial and Moore Park Trust, advice has been received from John Lazarus SC.

 

The advice is that the proclamation dated 16 December 2020 vesting part of Callan Park in the Centennial Park and Moore Park Trust is not inconsistent with the Callan Park (Special Provisions) Act and the vesting was valid.

 

The advice also confirms that the vesting did not impact in any way the existing protections in the Callan Park (Special Provisions) Act. This means that the vesting did not allow any development or commercial activities in Callan Park that are not permitted under the Callan Park (Special Provisions) Act.

 

 

 

 

Impacts on Callan Park

 

The proposed legislative model advocated by Government lacks specific details on how local Trusts or Advisory Boards will be retained or formed under an overarching Umbrella Trust. Importantly there is no confirmation that a new Callan Park Trust would be formed which as a core responsibility, would provide local community representation and advice to the Minister on future management and key priorities.

 

Any future Callan Park Trust should add value to the future protection, management and enhancement of the Callan Park Parklands and expertise should therefore be focused on skill sets which include heritage expertise, indigenous representation, legal expertise, local Council representation and recreation and health expertise.

 

A key issue which is also not clarified in the White Paper is whether or not any new governing legislation would have an impact on the current governing act, the “Callan Park Special Provision Act 2002” Uses of Callan Park currently must be for the purposes of education, health or recreation use. In addition, no commercial activities are permissible under the current legislation. This restriction is prohibitive in an as much as the parkland cannot generate any funding to maintain or manage existing infrastructure or fund new infrastructure to support community use and enjoyment of the parklands. The Parklands in their current state is wholly reliable on Government funding which is restrictive in an much as the parklands is competing for funding sources with other Government Departments and Government priorities. A review of legislative models to support greater funding autonomy is supported in this sense provided that protections to Callan Park are safeguarded.

 

Geographical Boundary Changes-Parkland Split into Precincts

 

In recent months there has been changes in the geographical management boundaries of the parkland.  The Minister of Planning and Public Spaces has separated management responsibility of approximately 38% of the park, by assigning the key health and NGO precincts to NSW Health as opposed to the Greater Sydney Parklands Authority. Attachment 2 highlights the geographical land administration and management changes which have been introduced. These are illustrated in Fig 1.0 and 1.1. Attachment 3 highlights the governance changes. 

 

The proposed governance arrangements are not strategically focused, nor do they account for previous studies including the 2002 Conservation Management Plan (Tanner and Associates). Critically, the change in governance arrangements do not account for any changes in future land management. For example, a future physical departure of the site by a major tenant has not been strategically considered. The NSW Ambulance Centre, the largest tenant on the site, occupies a significant area of the park. Any departure of this agency would open up opportunities for an enlargement of the parklands and increased public open space (through the removal of identified intrusive buildings). This opportunity, while enlarging the open space footprint of the park would also assist in addressing increased open space opportunities in response to local population increases.  The new governance model excludes the NSW Ambulance site as a management responsibility of the Greater Sydney Parklands Authority, rather such responsibility is managed by NSW Health. In addition the Kirkbride complex which is one of the most significant heritage buildings in Australia is also removed from the Parkland management structure. Its future management has been identified as being retained by NSW Health. 

 

Rather than separate governance and administrative responsibilities, these areas should be retained as part of the overall parkland management responsibility and be subject to ongoing license agreements which comply with the Callan Park Special Provisions Act.

 

Council officers strongly recommend that the proposed management changes are reconsidered and that all governance arrangements for the park revert to the Greater Sydney Parklands Authority. This would recognise the value of the parkalnds as a whole and ensure their ongoing public protection. Importantly this also recognizes the heritage design and formation of the parklands including the land parcels which made up the original Gary Owen Estate as well as that of the original hospital site, established in 1884. An estate which includes irreplaceable heritage architecture which is critical to the heritage value and cultural identify of Callan Park.

 

 

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Future Trust Model/Advisory Board

Callan Park is a regional open space which has significant landscape qualities and exceptional heritage buildings. The Parkland is highly valued by the local community.  In this respect future parkland management should include governance arrangements which support the establishment of a Trust or Park Advisory Board which is community based.

 

A Parkland Trust or Park Advisory Board would add value to the future protection, management and enhancement of the Callan Park parklands. Expertise should therefore be focused on skill sets which include heritage expertise, indigenous representation, legal expertise, local Council representation, recreation and health expertise.

 

Council has previously advocated for local community representation on any future management agency of Callan Park. The Callan Park Special Provisions Act 2002 includes the need for a Community Consultation committee within Part 8 of the Act. Specially, the regulations may establish and provide for the functions and procedures of a community consultation committee for Callan Park.

 

FINANCIAL IMPLICATIONS

Nil

 

 

 

 

ATTACHMENTS

1.

NSW White Paper-Parklands for the People

2.

Current and Previous Callan Park Management Boundaries

3.

Localilty and Precinct Map

4.

Callan Park Legal Advice

  


Council Meeting

29 June 2021

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

29 June 2021

 

Attachment 2

Fig 1.0 Previous Callan Park Parkland Management Boundaries

 

Fig 1.1 New Callan Park Parkland Management Boundaries


Council Meeting

29 June 2021

 

 

 

Attachment 3 Locality and Precincts Map


Council Meeting

29 June 2021