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AGENDA R |
Council Meeting
TUESDAY 6 DECEMBER 2022
6.30pm
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Council Meeting 6 December 2022 |
Live Streaming of Council Meeting
In the spirit of open, accessible and transparent government, this meeting of the Inner West Council is being streamed live on Council’s website. By speaking at a Council meeting, members of the public agree to being recorded and must ensure their speech to the Council is respectful and use appropriate language. A person who uses defamatory, discriminatory or offensive language may be exposed to liability for which Council takes no responsibility. Any part of this meeting that is held in closed session will not be recorded
Pre-Registration to Speak at Council Meetings
Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:
Are there any rules for speaking at a Council Meeting?
The following rules apply when addressing a Council meeting:
What happens after I submit the form?
You will be contacted by Governance Staff to confirm your registration. If you indicated that you will speak online, you will be provided with a link to the online meeting. Your request will then be added to a list that is shown to the Chairperson on the night of the meeting.
Where Items are deferred, Council reserves the right to defer speakers until that Item is heard on the next occasion.
Accessibility
Inner West Council is committed to ensuring people with a disability have equal opportunity to take part in Council and Committee Meetings. At the Ashfield Council Chambers there is a hearing loop service available to assist persons with a hearing impairment. If you have any other access or disability related participation needs and wish to know more, call 9392 5657.
Persons in the public gallery are advised that under the Local Government Act 1993, a person may NOT record a Council meeting without the permission of Council.
Any persons found recording without authority will be expelled from the meeting.
“Record” includes the use of any form of audio, video and still camera equipment or mobile phone capable of recording speech.
An audio recording of this meeting will be taken for the purpose of verifying the accuracy of the minutes.
Statement of Ethical Obligations
The Mayor and Councillors are bound by the Oath/ Affirmation of Office made at the start of the Council term to undertake their civic duties in the best interests of the people of the Inner West Council and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
It is also a requirement that the Mayor and Councillors disclose conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with Council’s Code of Conduct and Code of Meeting Practice.
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Council Meeting 6 December 2022 |
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PRECIS |
VOLUME 1 OF 3
1 Acknowledgement of Country
2 Apologies
3 Notice of Webcasting
4 Disclosures of Interest
5 Moment of Quiet Contemplation
6 Confirmation of Minutes Page
Minutes of 8 November 2022 Council Meeting 7
7 Public Forum – Hearing from All Registered Speakers
8 Condolence Motions
ITEM Page
C1222(1) Item 1 Condolence Motion: Victor Pinkerton 26
C1222(1) Item 2 Condolence Motion: Helen Jean Gray of Summer Hill. 1944-2022 28
9 Mayoral Minutes
ITEM Page
C1222(1) Item 3 Mayoral Minute: Rozelle Parklands 30
10 Reports for Council Decision
ITEM Page
C1222(1) Item 4 Draft Annual Financial Statements 2021/22 32
C1222(1) Item 5 Post Exhibition - Draft Inner West Local Infrastructure Contribution Plan 2022 and Supporting Infrastructure Needs Studies 124
C1222(1) Item 6 Post Exhibition - Planning Proposal - Cyprus Club (58-76 Stanmore Road, 2-20 Tupper Street and 1, 3-9 Alma Avenue, Stanmore) 338
C1222(1) Item 7 Post Exhibition - Draft Development Control Plan - 36 Lonsdale Street and 64 -70 Brenan Street, Lilyfield 493
C1222(1) Item 8 Post Exhibition - Draft Development Control Plan - 469 - 483 Balmain Road, Lilyfield 541
C1222(1) Item 9 Public Domain Master Plans 618
VOLUME 2 OF 3
C1222(1) Item 10 King George Park Plan of Management 629
C1222(1) Item 11 Defibrillators in Council Sporting Grounds 772
C1222(1) Item 12 Tree Management Development Control Plan 2022 (Tree DCP 2022) 776
C1222(1) Item 13 Access to Council Town Halls and Venues for not-for-profit organisations 808
C1222(1) Item 14 Updated Community Engagement Framework 820
C1222(1) Item 15 Customer Service update 869
C1222(1) Item 16 Post Exhibition - Model Code of Conduct 872
C1222(1) Item 17 IWC sporting ground condition report and draft program 930
C1222(1) Item 18 Henson Park – Public Private Partnership 986
C1222(1) Item 19 Local Traffic Committee Meeting - 21 November 2022 1008
C1222(1) Item 20 Minutes of the Audit, Risk and Improvement Committee Meeting Held on 17 August 2022 1021
C1222(1) Item 21 2023 Ordinary Council Meeting Schedule and Major Capital Projects Committee Schedule 1031
11 Reports for Noting
ITEM Page
C1222(1) Item 22 Outcomes of Local Matters Forums and customer service stalls 1034
C1222(1) Item 23 Arts Summit - Update and Progress 1054
C1222(1) Item 24 Mandatory Reporting of Fire Safety Reports Referred to Council by Fire and Rescue NSW 1057
C1222(1) Item 25 Community Wealth Building 1067
C1222(1) Item 26 Little Villages Signage 1072
C1222(1) Item 27 Zoning of Balmain Bowling Club 1077
C1222(1) Item 28 Update on activation of Town Halls 1078
C1222(1) Item 29 Submission to the Local Government Remuneration Tribunal 2023 1081
C1222(1) Item 30 Investment Report at 31 October 2022 1086
C1222(1) Item 31 Statistical Report on Code of Conduct Complaints 1113
C1222(1) Item 32 Parking in the Inner West 1116
VOLUME 2 OF 3
12 Notices of Motion
ITEM Page
C1222(1) Item 33 Notice of Motion: Land and Property Register 1122
C1222(1) Item 34 Notice of Motion: Heritage Forum 1124
C1222(1) Item 35 Notice of Motion: Gambling Harm Minimisation 1125
C1222(1) Item 36 Notice of Motion: Congratulate Boomali Aboriginal Artists Cooperative on 35 Years 1128
C1222(1) Item 37 Notice of Motion: Development of Flood Plains 1129
C1222(1) Item 38 Notice of Motion: Demerger Submission must reflect vote of the Inner West Community 1131
C1222(1) Item 39 Notice of Motion: Screening the 2023 FIFA Women's World Cup 1133
C1222(1) Item 40 Notice of Motion: Soft Plastics Recycling 1134
C1222(1) Item 41 Notice of Motion: De-Amalgamation Risks 1136
C1222(1) Item 42 Notice of Motion: Deamalgamation business case 1147
C1222(1) Item 43 Notice of Motion: Sydenham Road and Fitzroy Street, Marrickville 1149
C1222(1) Item 44 Notice of Motion: Campbell Street, St Peters 1150
C1222(1) Item 45 Notice of Motion: Transport for NSW Fail 1152
C1222(1) Item 46 Notice of Motion: Action on Community Safety 1156
C1222(1) Item 47 Notice of Motion: Leichhardt Tramsheds Car Park 1157
C1222(1) Item 48 Notice of Motion: Bring Julian home; drop the charges 1158
C1222(1) Item 49 Notice of Motion: Cooks River Community Call for Action 1160
C1222(1) Item 50 Notice of Motion: GreenWay Funding Guarantee 1193
C1222(1) Item 51 Notice of Motion: Livingstone Road Cycle Way upgrades and safety improvements 1194
C1222(1) Item 52 Notice of Motion: Exclusion from the Low Rise Housing Diversity Code 1199
C1222(1) Item 53 Notice of Motion: Natural area restoration opportunity 1201
C1222(1) Item 54 Notice of Motion: Cooks River federal election funding promise 1203
C1222(1) Item 55 Notice of Motion: Cooks River Alliance Strategic Plan 2022 - 2025 1238
13 Questions From Councillors
ITEM Page
C1222(1) Item 56 Question on Notice: Affordable Housing Fund 1269
C1222(1) Item 57 Question on Notice: Parks, Planning and Recreation and Urban Ecology 1271
C1222(1) Item 58 Questions on Notice: Inner West Council Event Management Capacity 1275
14 Reports with Confidential Information
Reports appearing in this section of the Business Paper are confidential in their entirety or contain confidential information in attachments.
The confidential information has been circulated separately.
ITEM Page
C1222(1) Item 59 Update on Acquisition of Investment Properties 1278
C1222(1) Item 60 Summer Hill Reuse Centre - Update 1279
C1222(1) Item 61 Procurement of Microsoft EA Licensing 1291
C1222(1) Item 62 Potential Expansion of In- House Resource Recovery Collection Services
C1222(1) Item 63 RFT 28-21 Pioneers Memorial Park Amenities Upgrade 1292
C1222(1) Item 64 Food and Garden Organics - Earlier Commencement Date 1293
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Council Meeting 6 December 2022 |
Minutes of Ordinary Council Meeting held on 8 November 2022 at Ashfield Service Centre
Meeting commenced at 6.32pm
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Present: |
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Darcy Byrne Philippa Scott Liz Atkins Marghanita Da Cruz Jessica D’Arienzo Mark Drury Dylan Griffiths Mathew Howard Justine Langford Pauline Lockie Kobi Shetty Chloe Smith John Stamolis Timothy Stephens Zoi Tsardoulias Simone Plummer |
Mayor Deputy Mayor Councillor (Attended remotely) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor General Manager Director Planning |
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Ryann Midei |
Director Infrastructure |
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Michael Daly Kelly Loveridge Beau-Jane De Costa Matthew Pearce Daryl Jackson Manod Wickramasinghe Lisa Murphy Simon Watts Scott Mullen |
Acting Director Community Director Corporate Senior Manager Governance and Risk General Counsel Chief Financial Officer Manager Traffic and Transport Services Urban Forest Manager Social and Cultural Planning Manager Manager Strategic Investments and Property |
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Katherine Paixao |
Business Paper Coordinator |
APOLOGIES: Nil
Motion: (Byrne/Stephens)
That Council accept Councillor Atkins’ request to attend tonight’s Council Meeting for personal reasons via audio visual link.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
DISCLOSURES OF INTERESTS:
Clr Howard declared a non-significant, non-pecuniary interest in Item 6 Local Traffic Committee Meeting – 17 October 2022 as he works in the office of the State Member for Summer Hill who has a representative on the Local Traffic Committee. He will remain and participate in the meeting for discussion and voting as the vote of the State Member is exercised through a representative.
Clr Scott declared a significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as she is on the board of MetroAssist, which is one of the recommended grant recipients as listed in the report. She will exit the chamber during discussion and voting of the item.
Clr Atkins declared a non-significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as they are a member of Petersham Bowling Club, but not a member of the executive of the club, nor a particularly active member. They will remain and participate in the meeting for discussion and voting on the matter.
Motion: (D’Arienzo/Stephens)
That Council note the disclosures of interest.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
CONFIRMATION OF MINUTES
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That the Minutes of the Council Meeting held on Tuesday, 25 October 2022 be confirmed as a correct record. Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
PUBLIC FORUM
The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.
Clr Stamolis raised a question regarding the annual report and financial statements. The Mayor ruled this question out of order as it was not in relation to an item on the agenda.
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That Council:
1. Seek to partner with advocacy organisations, including Shelter NSW, The Tenants Union, Marrickville Legal Centre and the NSW Council of Social Service to advocate for changes to Tenancy laws in NSW;
2. Receive a report from Council Officers to the February 2023 Council meeting identifying how Council can propose legislative and regulatory changes to achieve the following objectives:
a) banning no fault evictions;
b) lengthening tenancy periods to give tenants long-term security of 5 – 10 years;
c) new government oversight of complaints about repairs and maintenance;
d) consideration of an empty properties tax for residential and retail properties; and
e) allowance for renters to own pets.
3. Further, include in the report:
a) A plan for community consultation with renters to identify the challenges they are facing and to inform Council’s planning and advocacy; and
b) An assessment of how Council’s health and safety compliance role can be used to assist local businesses in ensuring that repairs and maintenance are carried out by their landlords.
4. Propose again to the NSW Government that the Local Government Act be amended to allow Council to reduce rates for main street property owners who keep their properties tenanted, funded by a commensurate increase in rates for landlords who keep their main street properties untenanted for a prolonged period.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Griffiths/Da Cruz) That Council urgently write to NSW Members of Parliament asking them to support the Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022, currently before the NSW Legislative Assembly, which if passed could remove no grounds convictions by Xmas.
Motion Lost For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias |
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That Council:
1. Oppose the ongoing location of the dolphin moorings, the floating dry dock, and the various inoperable vessels in Snails Bay, under the approval of NSW Maritime (now Transport for NSW); and
2. Write to the NSW Minister for Transport, the Member for Balmain and the executive officers of the Maritime agency, proposing the removal of the above-mentioned structures and vessels, and also outline the range of public uses and benefits that are being prevented due to the dolphins location, including:
- Recreational uses including sailing, kayaking and fishing. - Disruption of the iconic views from Snails Bay of Sydney Harbour.
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
Procedural Motion (Scott/Smith)
That Council Suspend Standing Orders to bring forward the following items to be dealt with at this time.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Procedural Motion (Scott/Smith)
That the following items be moved in globo and the recommendations contained within the report be adopted:
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
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That Council:
1. Notes the EOI for the sale of the Chester Street Car Park will be closed;
2. Notes the sale and redevelopment opportunities for the Chester Street Car Park will be considered through the audit of Council land as outlined in Council resolution C0322(1); and
3. Requires that any future development of the Chester Street Car Park has net positive benefits to local traffic and parking conditions, and has sympathetic design and architectural quality with the character and heritage of the surrounding area, including the adjacent Beynon and Hayward building.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
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That Council defer the report to the December meeting to receive a summary table of the criteria for applications in the draft DCP in comparison to the existing DCP.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
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That in addition to the previously endorsed One (1) open day per Centre per year, totalling five (5) community open days, Council confirms:
1. Two free ‘Trans and Gender diverse swimming events per year rotated between facilities. That will require pool closures to other users of no more than 4 hours;
2. Two free ‘Abilities’ swimming events per year rotated between Centres based on centre availability;
3. Additional ad-hoc opportunities to be considered on a case-by-case basis such as ‘World Pride’ events that will be held in March 2023. Fees and charges to be applied;
4. Council work with the Community Refugee Welcome Centre to re-establish refugee swimming program;
5. Council officers engage in further discussions with Sydney Local Area Health and /or other program providers during business as usual and provide access to Aquatics facilities based on availability and referencing fees and charges; and
6. Aquatics staff to continue to engage with Council's Access Committee for support and insights into ongoing program opportunities where applicable.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Da Cruz)
That Council also consult with the asylum seeker centre.
This amendment lapsed for want of seconder.
Amendment (Griffiths/Shetty)
That point 5 be amended to the following:
Council officers engage in further discussions with Sydney Local Area Health regarding a prospective partnership to offer a 'Gym and Swim' to its participants at a discounted rate.
The Mayor ruled this amendment out of order as it is not different to the current point 5. |
The Mayor, Councillor Byrne left the Meeting and vacated the chair at 7:42 pm. The Deputy Mayor, Councillor Scott assumed the chair.
The Mayor, Councillor Byrne returned to the Meeting at 7:45 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.
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That Council:
1. Endorse the draft Verge Gardening Policy and Guideline for public exhibition stage, subject to the following amendments;
4.22 An individual tenant or owner occupier can apply for a verge garden adjoining their multi-unit dwelling/ building.
2. Provide feedback to the Director Planning on the Policy and Guideline as well as the operation of the program to date;
3. Specifically consult the community, during the exhibition, on amending the proposed policy to allow regulated hard landscaping and objects on the verge, including planter boxes and barriers of limited sizes and designs; and
4. Rather than residents, pay for the cost of cutting and removing of any existing concrete paving from streets where verge gardens have been requested by residents and approved by Council.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
The Deputy Mayor, Councillor Scott left the Meeting at 7:52 pm as she declared a significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as she is on the board of MetroAssist, which is one of the recommended grant recipients as listed in the report.
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That Council:
1. Approves the funding recommendations for the Annual Grant Round contained in Attachments 1-8; and
2. Invites any successful grant recipient organisations to an event or meeting with Council upon receipt of grant money.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr Scott
Amendment (Da Cruz/Griffiths)
That Council receive a report on the analysis of the unsuccessful grant applications and the ineligible items included in grant applications received.
Motion Tied For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Smith, Stephens and Tsardoulias Absent: Cr Scott
The Chairperson used his Casting Vote against the MOTION and the MOTION was lost. |
The Deputy Mayor, Councillor Scott returned to the Meeting at 8:01 pm.
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That Council maintain the current organisation structure consisting of four Directors and General Counsel as Senior Staff reporting to the General Manager as outlined below:
· Director Planning; · Director Corporate; · Director Community; · Director Infrastructure; and · General Counsel.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Stamolis/Da Cruz)
That Council give consideration to the creation of a Director Environment and Sustainability and Director Finance.
Motion Lost For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias |
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That Council receive and note the report.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
The Mayor, Councillor Byrne left the Meeting and vacated the chair at 8:21 pm. The Deputy Mayor, Councillor Scott assumed the chair.
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That Council:
1. Note that Australia is one of the few countries in the world that still locks away children as young as 10 years old;
2. Supports the Raise the Age campaign;
3. Calls upon the Federal and NSW state parliaments to raise the age of criminal responsibility to at least 14 years old and instead invest in community led solutions;
4. Notify the Raise the Age campaign of our support;
5. Write to Prime Minister Anthony Albanese, the NSW Premier, NSW opposition leader Chris Minns, the Federal and NSW Attorney-Generals and local state and federal members in support of the Raise the Age campaign; and
6. Include a small blurb about this motion and a link to the Raise the Age petition in a future council newsletter.
Motion Carried For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr Byrne |
Councillor Lockie left the Meeting at 8:23 pm.
Councillor Da Cruz left the Meeting at 8:24 pm.
Councillor Lockie returned to the Meeting at 8:25 pm.
The Mayor, Councillor Byrne returned to the Meeting at 8:27 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.
Councillor Da Cruz returned to the Meeting at 8:29 pm.
Procedural Motion (Howard/Scott)
That Council allow Councillor D’Arienzo to speak for 1 additional minute on Item 17.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Councillor Griffiths left the Meeting at 8:46 pm.
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That Council: 1. Note that the Balmain Bowling Club has been amalgamated into St John’s Park Bowling Club and has remained closed for many months despite public assurances from the management that the Club would reopen before now;
2. Write to the Management of the Club, Clubs NSW and any relevant regulatory authorities expressing concern that the Club remains closed and seeking assurances about when it will be reopened;
3. Notify local residents of Council’s concerns and provide them information about how they can advocate to the Club and the aforementioned authorities for the Club to be reopened; and
4. Receive a report about the zoning status of the Club. Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr Griffiths |
Councillor Griffiths returned to the Meeting at 8:48 pm.
Procedural Motion: (Lockie/Drury)
That Council enter into Confidential session.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Confidential Session
That in accordance with Section 10A(1) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:
C1122(1) Item 21 Council Advertising and Inner West Council News (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.
C1122(1) Item 22 Procurement of ICT Devices (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.
C1122(1) Item 23 Update on acquisition of investment properties (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
C1122(1) Item 24 Cahill Street Playground & Lewis Herman Reserve
Construction
Tender Report (Section 10A(2)(c) of the Local Government Act
1993) that would, if disclosed, confer a commercial advantage on a person with
whom the council is conducting (or proposes to conduct) business and (Section
10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed
prejudice the commercial position of the person who supplied it.
C1122(1) Item 25 King George Park - Carpark Upgrade Tender Report (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.
C1122(1) Item 26 Acquisition by agreement of an easement 4.1m wide at the side boundary of 2 Hay St, Leichhardt (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
C1122(1) Item 27 Recycling Service Alignment (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
resolutions passed during closed session
Councillor D'Arienzo left the Meeting at 8:58 pm.
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That:
1. The contract for RFQ 104-22 ICT End User Devices be awarded to the recommended vendor as detailed in the confidential report; and
2. The General Manager be delegated authority to sign and execute the contract.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr D'Arienzo |
Councillor D'Arienzo returned to the Meeting at 8:59 pm.
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That Council:
1. Note the alignment of a fortnightly 240 litre bin commingled recycling collection service across the Inner West commencing 1 July 2023;
2. Support the funding of the supply, delivery, take back and recycling of mobile garbage bins, funded from the domestic waste reserve; utilising the Local Government Procurement panel contract (NPN111-3);
3. As part of the community engagement plan, confirm it will write to every affected household and conduct a targeted online campaign clearly outlining the rationale for the changes in the former Leichhardt council area, including the environmental and economic benefits of the planned changes, as well as clearly spelling out the details of logistical changes for households;
4. Make an urgent submission to the NSW Environmental Protection Agency's Discussion paper in support of expanding the types of drink containers accepted in the NSW Return and Earn Scheme;
5. Defer consideration of the tender for a single collection contract for recycling and other nominated collection services across the LGA commencing 3 April 2024 to the December 2022 meeting and receive a councillor briefing prior to the meeting; and
6. Receive a report outlining the potential to expand the in-house collection services to the entire Local Government Area including cost and implementation timeline.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
Procedural Motion: (D’Arienzo/Howard)
That Council move back into the Open Session of the Council Meeting.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Meeting closed at 9.11pm.
Public Speakers:
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Item #
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Speaker |
Suburb |
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Item 1 |
Robert Mayer |
Stanmore |
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David Baxter |
Leichhardt |
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Rene Holmes |
Ashfield |
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Item 4 |
Mike Roberts |
Ashfield |
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Item 15 |
Hannah Solomons |
Ashfield |
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Item 31 |
Lindsay Anderson |
Birchgrove |
Unconfirmed minutes of the Ordinary Council meeting held on 8 November 2022.
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Council Meeting 6 December 2022 |
Subject: Condolence Motion: Victor Pinkerton
From: Councillors Marghanita Da Cruz and Pauline Lockie
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Motion:
That Council write to Victor Pinkerton’s sister Georgie Beazley offering our condolences to his family and plant a tree in Annandale in Victor’s memory.
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Background
Vale Victor George Pinkerton, 1953-2022
Victor was born at King George V Hospital, Camperdown and attended Cleveland Street Boys High. At 17, his family home in Ultimo/Pyrmont was resumed and demolished to make way for the Western Distributor.
The same year 1970 Victor commenced an electrical apprenticeship with the Sydney County Council (which later became AUSGRID). As a qualified electrician he went to Darwin to assist with the recovery from Cyclone Tracey(1974.)
He also worked on the adaptive reuse of the Queen Victoria Building and the Bondi Outfalls Project from 1988 to 1992. A staunch unionist he understood their limitations.
Victor helped distribute the City Hub newspaper and deposit any spare copies where they were available to the Community. His Obituary in Green Left Weekly[1] also says he inherited his father’s values to “Treat others the way you’d like to be treated,”
Victor helped feed people living under the viaducts in Wentworth Park. He also travelled the world and lived in Rio de Janiero teaching conversational English.
Victor lived on Johnston St Annandale and was a familiar sight on foot, at rallies and protests. But he also got around in an old car with a big boot.
Through an email newsletter Victor kept us informed of political shenanigans and entertained with his witty take on National, State and Local politics. His emails covered a myriad of issues including the ill effects of coal seam and coal mining, poor development at Mt Gilead which threatened koala habitat, the demolition of Willow grove at Parramatta, the sell-off of public housing, impact on the local community of Westconnex, council mergers, Bays West, the Manly ferry, water rights and even the “Malabar Poo Farm”.
Victor at housing protests on Broadway, July 2022. Photo A. Chuter
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Council Meeting 6 December 2022 |
Subject: Condolence Motion: Helen Jean Gray of Summer Hill. 1943-2022
From: Councillor Mark Drury
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Motion:
That Council notes the passing of Helen Gray of Summer Hill, celebrates her life and passes our condolences to her daughter.
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Background
Summer Hill is a suburb with many characters, dog lovers and many with strong political views. But what set Helen apart was her care for others, her loyalty, instinct for a fair go, her vivaciousness, integrity, sense of honour and duty, her credibility and her humour.
Some people live in a home but Helen lived in a community.
Helen was a real and visible member of the Summer Hill community and much-loved member of the mighty Morris St Crew.
Helen was always political, from a political family. And at the time of her passing, the best Secretary the Summer Hill Labor Branch has had in living memory.
Her political heritage was from the Communist Party of Australia and this combined with her charm and use of excel spread sheets made her a formidable political organiser.
She organised campaigns not just to get Labor representatives elected but to change things for the a fairer community.
Helen was insistent that Labor should promote and support capable young women with good politics as candidates and that resulted in the beginning of Councillor D’Arienzo’s political representative career.
On 18 November 2022 her family, friends, comrades and community came together to celebrate her life.
As Jo Haylen, MP observed on the day “So we will honour Helen, not only by holding her in our memories, as we will, and by today sharing stories of Helen to celebrate the life of a loved family member, of a dedicated, passionate and caring friend and comrade but by continuing Helen’s good work for a better community, local, state and federal.”
Helen is survived by her brothers, Frank and Ian Gray, her daughter, Aniko Radno, and five grandchildren Jessie, Ethan, Kane, Grace and Brooke Scarabello.
Speech Notes
Some people live in a home but Helen lived in a community and was an active shape shifter of the Summer Hill community.
What set Helen apart was her care for others, her loyalty, instinct for a fair go, her vivaciousness, integrity, sense of honour and duty, her credibility and her humour.
Her political heritage was from the Communist Party of Australia and this combined with her charm and use of excel spread sheets made her a formidable political organiser.
Emeritus Clr Lofts recalls standing at “Summer Hill station on a pale early morning a bit after 7, trying to convince people who haven’t had enough coffee yet that the leaflet you are handing out is something they really need to take and read. I’ve had the experience of people brushing past, mostly politely, only to be caught by Helen’s smile and then take a leaflet from her instead.”
She contributed in a real way to votes in Summer Hill for the Prime minister, Jo Haylen and labor councillors. She was proud that the strong vote in Summer Hill directly lead to the return of Clr Darcy Byrne as mayor of the Inner West.
Helen was smart, feisty and never content to just get Labor representatives elected. She always kept them accountable, as I can personally testify to.
On 18 November 2022 her family, friends, comrades and community came together to celebrate her life.
As Jo Haylen, MP observed on the day “So we will honour Helen, not only by holding her in our memories, as we will, and by today sharing stories of Helen to celebrate the life of a loved family member, of a dedicated, passionate and caring friend and comrade but by continuing Helen’s good work for a better community, local, state and federal.”
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Council Meeting 6 December 2022 |
Subject: Mayoral Minute: Rozelle Parklands
From: The Mayor, Councillor Darcy Byrne
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Motion:
That Council:
1. Condemns the NSW Government’s cuts to key sporting and community infrastructure from the final design plans for the Rozelle Parklands, which includes the loss of the all-weather sporting field, all public car parking, 2 multipurpose sports courts, and the toilet facilities for the children’s playground;
2. Calls on the NSW Government to reinstate all of the above-mentioned facilities that have been cut from the plans for the Rozelle Parklands and writes to the NSW Premier, Minister for Transport and Minister for Public Spaces insisting upon this;
3. Restates Council’s unwillingness to take on care, control and management of the Rozelle Parklands until the Government has transparently disclosed the costs of the construction and ongoing repairs and maintenance through a Master Plan for the site;
4. Writes to residents in Rozelle, Lilyfield and Annandale notifying them of the Government’s cuts to facilities promised in the Rozelle Parklands and informing residents how they can advocate for the reinstatement of these facilities; and
5. Hold a meeting with all relevant
sporting clubs who made submissions in sport of these facilities to
recommence advocacy with them for the reinstatement of the facilities.
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Background
It has been revealed that large parts of
the sporting and community facilities promised for the Rozelle Parklands were
secretly cut from the plans the Government announced last month.
An all-weather sporting field, public toilets, public car parking and two
multi-purpose sports courts were all deleted from the final design without the
government disclosing the cuts.
We’ve been warning for years that the Government was under funding the
park promised in compensation for WestConnex construction impacts.
Initially there was no funding allocated to build the park, just a requirement
for the roadbuilder to install a grass covering over the interchange.
We eventually forced $15m out of the Government but it has been clear all along
that what they promised would cost closer to $30m.
The fact that they are making up the difference by secretly cutting many of the
sporting and public facilities is a disgrace.
They promised a new public park at St Peters WestConnex Interchange, which has
still never actually opened to the public and is dangerously contaminated.
We were rorted out of millions of dollars due to the Government’s Council
grants slush fund in which 95 per cent of grants were funnelled to Coalition
seats.
We are the only Council between the CBD and the Blue Mountains to have been
prevented from applying for grants from the proceeds of the sale of WestConnex.
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Council Meeting 6 December 2022 |
Subject: Draft Annual Financial Statements 2021/22
Prepared By: Daryl Jackson - Chief Financial Officer
Authorised By: Kelly Loveridge - Director Corporate
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RECOMMENDATION
That Council endorse the Annual Financial Statements to be placed on public exhibition with a view of tabling the final report at the next Council meeting.
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PURPOSE
To present to Council the Draft Annual Financial Statements of Inner West Council for the year ended 30 June 2022, which require certification and referral to Council’s external auditors, the Audit Office of New South Wales.
BACKGROUND
Council is required to prepare Annual Financial Statements in accordance with the Local Government Act and Regulations, Local Government Code of Accounting Practice and Australian Accounting Standards. The financial reporting period for the 2021/22 Financial Statements is 1July 2021 to 30 June 2022.
DISCUSSION
Income Statement and Balance Sheet
Council’s Income Statement for the year discloses that the Net Operating Result from Continuing Operations was a surplus of $20.0m against an adopted budget surplus of $20.6m.
The operating result for the year before capital grants and contributions was a deficit of $10.7m against a budget deficit of $4.4m. This was primarily due to the 2021/22 adopted operating budget not assuming further COVID-19 related Public Health Order restrictions and lockdowns, which subsequently occurred from late June 2021.
Key points to note are:
· Impacts of COVID-19 was net $12.0m as shown in further detail in the table below:
· Salaries and wages including on-costs are favourable to budget by $2.5m (open positions through the year net of efficiency target $8.9m, which was offset by Agency Temps / Contractors $6.4m covering open positions across council).
· Reclassification of natural accounts from Other Expenses to Materials and Services in line with the Australian Accounting Standards.
· Found assets and additional disposal of assets identified through the revaluation of council’s largest asset categories (Roads, Footpaths, Kerb and Gutter, Traffic Devices, Car Parks and Other Road Assets) resulting in a unfavourable variance of $4.0m.
· Operating grant income of $5.3m above budget due to the early receipt of the Financial Assistance Grant for 2022-23 and $1m State Grant funding for Flooding and Storm Event in February 2022.
Council’s balance sheet discloses Net Assets of $2.69 billion, primarily made up of Infrastructure related assets of $2.43 billion.
A breakdown of infrastructure assets can be found in the capital schedule known as Note C1-7.
Council’s cash position sees it hold $354m in cash and investments. The following table is a breakdown by reserve.
As part of this process, Council has funded its Employee Leave Entitlement at 49.2% of the estimated provision.
Local Government Industry Indicators
The Local Government indicators are determined by the Code of Accounting Practice, and have been summarised below. The indicators allow for inter-council comparisons to be consistently made across the local government sector. The indicators are as follows:
Operating Performance Ratio
The purpose of the Operating Performance Ratio is to measure Council’s achievement of containing operating expenses with operating revenue.
Council’s Operating Performance Ratio was (3.40%) being lower than the benchmark of 0.00%. The ratio deterioration is primarily due to the decrease in income received for services provided as a direct result of the second COVID-19 shutdown from late June 2021 through October 2021.
Own Source Operating Revenue Ratio
The purpose of this ratio is to measure fiscal flexibility. The ratio highlights the degree of reliance on external funding sources such as operating grants and contributions.
Council’s Own Source Operating Revenue Ratio is better than the benchmark of >60.00% demonstrating that it has low reliance on grants to fund operating expenditure.
Unrestricted Current Ratio
The purpose of this ratio is to assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.
Council’s Unrestricted Current Ratio is better than the benchmark of >1.50x. This benchmark is used in the development in Council’s Long Term Financial Plan to ensure that Council is financially sustainable and able to meet its ongoing short-term financial obligations (payroll and creditors).
Debt Service Coverage Ratio
This ratio measures the availability of operating cash to service debt including interest, principle and lease payments.
Council’s Debt Service Ratio is better than the benchmark of >2.00% and demonstrates council is capable of servicing its existing loan obligations as they are secured against rates income and factored into the budget.
Rates, Annual Charges, Interest and Extra Charges Outstanding Percentage
The ratio helps assess the impact of unallocated rates and annual charges on Council’s liquidity and the adequacy of recovery efforts.
Council’s Outstanding Rates and Annual Charges this year are below the benchmark of <5.00%. This is primarily driven by reduced debit collection activity, noting the impact on the community of the second COVID-19 shutdown period, with council not lodging outstanding debts with debt collection agencies, and no debt recovery action being taken against eligible pensioners.
Cash Expense Cover Ratio
This liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash flow.
Council’s Cash Expense Cover ratio is significantly better than the benchmark of >3.00 months. This current position is related to the additional cash reserve from the Transport for NSW acquisition of the Tempe land and will reduce once investment land (property) has been acquired. This indicator may also be impacted by the COVID-19 Rates Financial Hardship Deferral Program in place depending on ratepayer’s ability to repay their outstanding deferred balances in line with their individual repayment agreements.
This will be monitored throughout the 2022/23 financial year and in Council’s Long Term Financial Plan.
Council Infrastructure Industry Indicators
Council’s Infrastructure assets indicators (found in Special Schedules – Report on Infrastructure Assets) as a summary of Council’s infrastructure conditions for the financial year. This Special Schedule is not audited by the Audit Office.
A summary of the indicators is shown over the page. These show Council needs to continue to spend on renewing its assets. The estimated backlog is $20.7m (Draft 2021/22 IWC Infrastructure Assets Schedules) that needs to be addressed. Working funds have been allocated in the Long Term Financial Plan to address part of the backlog.
These indicators will be reviewed on an ongoing basis as part of the Long Term Financial Plan and asset management Plan process. If Council has an operating deficit, the asset renewal backlog cannot be reduced.
Next Steps
In accordance with the relevant legislation in the Local Government Act regarding the preparation, auditing, adoption, public notice and presentation of the financial statements, the following actions will now occur:
· Council endorses the financial reports and signs the accounts (6 December 2022);
· Council receives the Audit report from the Audit Office to be incorporated in the Financial Statements and then submitted to the Office of Local Government by 15 December 2022;
· Council places its Financial Statements on public exhibition;
· Council endorses the final report on the financial statements in the next meeting of Council.
FINANCIAL IMPLICATIONS
There are no net financial implications of this report. It is noted that general funds have been allocated to fund Council’s infrastructure shortfall over the Council’s Long-Term Financial Plans.
AUDIT, RISK & IMPROVEMENT COMMITTEE
The Audit, Risk and Improvement Committee will be meeting to receive a briefing with the Audit Office of NSW and Council officers to discuss the conduct of the audit and Council’s financial position on Monday 5 December 2022.
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1.⇩ |
Draft 2021/22 Inner West Council Financial Statements (including Infrastructure Asset Schedules) |
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Council Meeting 6 December 2022 |
Subject: Post Exhibition - Draft Inner West Local Infrastructure Contribution Plan 2022 and Supporting Infrastructure Needs Studies
Prepared By: Katie Miles - Acting Team Leader Infrastructure Planning
Authorised By: Simone Plummer - Director Planning
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RECOMMENDATION
That:
1. Council approves and adopts the Inner West Local Contributions Plan 2022 and the supporting infrastructure needs studies in accordance with section 7.18 of the Environmental Planning and Assessment Act 1979, as provided in Attachments 1, 2, 3 and 4;
2. The Inner West Local Infrastructure Contributions Plan 2022 takes effect on the date published on Council’s website and repeals all existing contributions plans on the date published on Council’s website in accordance with section 215 of Environmental Planning and Assessment Regulation 2021; and
3. The General Manager be given authority to make formatting and minor changes to the Inner West Local Contributions Plan 2022 in accordance with clause 215(5) of the Environmental Planning and Assessment Regulation 2021. |
BACKGROUND
This report summarises the community consultation outcomes of the draft Inner West Local Infrastructure Contributions Plan 2022 (the draft Contributions Plan) and its supporting studies.
At its Ordinary Meeting on 10 May 2022, Council resolved to exhibit the draft Contributions Plan which proposes to consolidate the nine existing contribution plans into a single, user friendly and consistent policy for levying contributions on new development.
The draft Contributions Plan is attached with track changes illustrating the report as exhibited and subsequent changes made post exhibition and summarised below.
The draft Contributions Plan was publicly exhibited between 6 June and 17 July 2022 in accordance with legislative and community engagement framework requirements. The activities undertaken as part of the engagement program include:
· Your Say project page that included key dates, opportunities to provide feedback, frequently asked questions, downloadable copies of draft contributions plans and all relevant supporting documentation, an online survey and submission portal, and an interactive project map.
· 42-day exhibition period (minimum 28-day legislative requirement);
· An online public meeting (Webinar) was held at 6pm-7.30pm on 15 June 2022, that had 4 attendees and was recorded and placed on the project page for viewing.
· Three drop-in ‘meet the planner’ sessions were held:
o Session 1: 9am-4pm Friday 17 June 2022 at Ashfield Service Centre with 8 attendees;
o Session 2: 9am-4pm Friday 24 June 2022 at Leichhardt Town Hall with 17 attendees
o Session 3: 10am-4pm Saturday 9 July 2022 at Marrickville Library/Pavillion with 17 attendees.
· LGA-wide notification letters to every resident and property owner in the LGA.
· Industry professional invitations including planning and building professionals in the local area (71), community groups (13), neighboring council areas (5), local democracy groups (15), and all relevant public agencies (i.e. Sydney Water, NSW Department of Planning & Environment, TfNSW, Sydney Airport, NSW Department of Education & Training, Greater Sydney Commission, Metropolitan Local Aboriginal Land Council, NSW Land & Housing Corporation, Crown Lands NSW).
· Hardcopies of all documents displayed at Ashfield, Leichhardt and Petersham Service Centres, as well as Balmain Library for the length of the exhibition period.
Of the 28 submissions made, 14 submissions were directly relevant to draft Contributions Plan, and 14 related to matters outside the contributions plan. Of the 14 submissions that were directly related to the draft Contributions Plan, 2 submissions support the finalisation of draft plan unamended, 7 support the plan with amendments, and 5 suggest further works items.
The additional works items will be investigated as part of the first annual review of the draft contributions plan, once implemented.
Additional concerns raised in the submissions included:
· Concerns that discretion given to certifiers could be misused if there is no strict oversight or compliance.
· Concerns around offset contributions being a loophole to allow developers to escape from monetary contributions.
· Concerns around loopholes to do with deferred or periodic contributions.
· Clarification if it is proposed to increase fees for development applications for normal residents modifying, extending or rebuilding their homes, or if the proposed changes will only apply to Developer Projects.
· To maximise cost efficiency the Inner West Council should ensure infrastructure is quality and durable from the outset.
· High rise developments and commercial buildings impacting the current living and built environments.
· More resident input into development. For example, the Annandale precinct bounded by Johnston Creek, Parramatta Road and Booth/Mallett Street.
· One submission was from Canterbury-Bankstown Council who noted the plan complements, rather than competes with, their own Local Infrastructure Contributions Plan. Canterbury-Bankstown Council noted that they have submitted a development application for Canterbury Leisure and Aquatic Facility if this influences the final choice for the Inner West facility.
Please refer to the Attachment 5 for the Engagement Outcomes Report for further information.
Further minor amendments have been made by Council officers as outlined in the below table:
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No. |
Issue |
Post-Exhibition Amendment |
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1 |
Funding for works items in the legacy contributions plans is maintained in the new contributions plan |
Clarification to the draft contributions plan to enable revenue collected under the existing contributions plans can continue to be allocated to legacy projects once the draft contribution plan commences, minor text changes have occurred to section 3.1 of the draft contributions plan. Contributions imposed on developments under the legacy plans and paid to or held by Council will be applied to completing uncompleted works remaining in the legacy plans’ works schedules or the works schedules in this plan. This modification to the contributions plan ensures that should project delays be experienced, the contributions funding is secured for eventual delivery. |
|
2 |
Transitional arrangements for development applications and complying development certificates lodged during the contributions plan commencement |
Clarification that any development application or complying development certificate lodged before the draft Plan’s commencement date will continue will have the relevant contributions plan that applied on the date of lodgment until 30 June 2023. After this date, all applications will be determined in accordance with the draft Plan. |
|
3 |
Clarification of contribution rates for each of the development types as a result of the new contributions plan. |
· To provide clarity, added explanatory text is provided for dwelling contribution rates. · Minor updates to workers per employment floor space assumptions for educational establishments, vehicle sales and hire premises, tertiary institutions, and indoor recreation centres (including gyms). · Inclusion of subdivision into single dwelling allotments contribution category. · Updates to worked examples calculations. |
|
4 |
Changes to works item descriptions and priority delivery categories. |
· To enable funding or the immediate commencement of construction works along the Greenway Corridor, the following work schedule items have been identified for delivery over the short-term (Items 4, 6, 7, 10). · To complement public domain studies underway for various town centres, funding for Town Centre Upgrades (Item 25) has now been identified for short-term commencement. · To complement Council’s Reconciliation Action Plan, Item 28 has been amended to allow scope for the funding of Aboriginal Survival Memorial sites over the medium erm (49 yrs), and Item 49 to allow fit-out costs to be funded from the draft contribution plan for a new Indigenous Cultural Centre over the short-term. · Addition of Tempe as a potential location of a new Indoor recreation centre (Item 3) to align with the Tempe Park Masterplan recommendation that Robyn Webster Centre be investigated for future upgrade. This also coincides with the NSW Government expressing the intention to facilitate the delivery of 1-2 new indoor recreation centres as part of the Bays West precinct. · Amendment of work description for Item 26 to remove reference to community gardens, this item is to facilitate up to 8 road closures as identified by trial Street Play Spaces programs to 2036 and community gardens are not a mandatory component of future works. · Amendment of work description for Item 40 to allow scope for the future expansion of library, community and cultural floorspace within Ashfield Service Centre to coincide with future upgrade works over the longer term (to 2036). |
|
5 |
Minor typographical corrections |
· Minor administrative errors have been rectified. These do not alter the intent of the Plan or corrected items. |
On 25 October 2022, in relation to Bays West Local Infrastructure Council resolved as follows;
“Council advocates to the NSW Government to enter into a Planning Agreement, in lieu of section 7.11 and 7.12 contributions being applied on future development consents in Stage 1 – Bays West.”
In the event that the NSW Government commits to providing new local infrastructure that has been identified in the draft Contributions Plan such as a new multipurpose community and library hub (Item 36), the Contributions Plan would be updated at that time to remove the relevant items as required.
Should Council adopt the draft Contributions Plan, the next steps would be to:
· Publish a notice of Council’s decision on its website within 28 days (clause 214(2) under EP&A Regulations 2021).
· Publish the date that the draft Contributions Plan is to come into effect on Council’s website.
· Publish the date that the current plans are to be repealed on Council’s website,this includes:
o Ashfield Section 94 Contribution Plan (2010 – amended 2015)
o Ashfield Section 94A Contribution Plan (amended 2015)
o Leichhardt Section 94 Contribution Plan No. 1 – Open Space and Recreation (2005 – amended 2016)
o Leichhardt Section 94 Contribution Plan No. 2 – Community Facilities and Services (2005)
o Leichhardt Section 94 Contribution Plan No. 3 – Transport and Access (1999)
o Leichhardt Section 7.12 Development Contribution Plan for the former Leichhardt Area (2020)
o Section 94/94A Marrickville Contribution Plan (2014 – amended 2020)
o Section 94/94A Marrickville Contribution Plan 2004 Amendment No. 4.
· Place a copy of the adopted plans on the NSW Planning Portal (section 7.18(4) of the EP&A Act 1979).
FINANCIAL IMPLICATIONS
The draft Contributions Plan outlines approximately $597 million of infrastructure improvement works in the Inner West LGA to 2036 (14 years), of which $401 million will be fully funded under the draft Contributions Plan from local infrastructure contributions paid by new developments. Council will be required to achieve supplementary funding of approximately $196 million over 14 years for capital work commitments listed in the draft Contributions Plan. Other sources of funding include:
· accumulated unspent development contributions from current or former plans;
· general revenue (local rates and depreciation reserves)
· grants (State and Federal)
· loans
· restricted capital (such as planning agreements)
· asset recycling
Under NSW legislation, contributions may only fund infrastructure and services associated with the increased population or new development. If the infrastructure or facilities serve the existing population, Council will need to co-fund this work with alternative funding sources such as those described above.
It is recommended that Council adopt the draft Contributions Plan as provided in Attachment 1 and its supporting needs studies (Attachments 2, 3 and 4). The draft Contributions Plan would take effect and current Contributions Plans would be repealed on the dates to be specified on Council’s website.
Due to the large size of the attachments, attachments 2, 3 and 4 have been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
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1.⇩ |
Draft Inner West Local Infrastructure Contribution Plan 2022 |
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2.⇨ |
Community Assets Needs Strategy 2021 – Published separately |
|
3.⇨ |
Recreation Needs Study Update 2021 - Published separately |
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4.⇨ |
Traffic and Transport Needs Study 2021 - Published separately |
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5.⇩ |
Engagement Outcomes Report |
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Council Meeting 6 December 2022 |
Subject: Post Exhibition - Planning Proposal - Cyprus Club (58-76 Stanmore Road, 2-20 Tupper Street and 1, 3-9 Alma Avenue, Stanmore)
Prepared By: Nicola Viselli - Strategic Planner and Con Colot - Senior Strategic Planner & Projects
Authorised By: Simone Plummer - Director Planning
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RECOMMENDATION
That:
1. Council does not support the Planning Proposal – Cyprus Club, as exhibited, due to concerns raised by community, public agency and Council officers relating to traffic, built form and amenity impacts;
2. Council notes the matters raised in response to the public exhibition of Planning Proposal - Cyprus Club as detailed in Attachment 3;
3. Council request the Department of Planning & Environment to make post-exhibition changes to the Planning Proposal – Cyprus Club and defer the commencement of the Local Environmental Plan (LEP) to allow preparation of site-specific Development Control Plan (DCP) and Planning Agreement;
4. Subject to the Department of Planning and Environment’s agreement to defer the commencement of the LEP, Council supports the Planning Proposal – Cyprus Club, as amended in response to engagement outcomes, as outlined in this report;
5. Subject to point 4 above, Council forward the amended Planning Proposal – Cyprus Club to the Minister for Planning to make amendments to the Inner West LEP 2022 under Section 3.36 of the Environmental Planning and Assessment Act 1979;
6. Subject to points 4 and 5 above, Council delegate the authority to the General Manager to make any minor amendments to the amended Planning Proposal – Cyprus Club to correct any minor errors, omissions or inconsistencies prior to finalisation; and
7. Council urgently progress preparation of the site-specific DCP and Planning Agreement.
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DISCUSSION
A Planning Proposal for 58-76 Stanmore Road, 2-20 Tupper Street and 1, 3-9 Alma Avenue, Stanmore (known as the Cyprus Club or the site) was lodged on behalf of the Cyprus Community Club, with Council on 24 May 2016. On 11 September 2018, Council resolved to endorse the Planning Proposal and forward it to the Minister for Planning for Gateway Determination.
The Planning Proposal (Attachment - 1) seeks to amend the Inner West Local Environmental Plan (IWLEP) 2022 for the site to enable a mixed-use development comprising up to 120 dwellings with a minimum of 1550m2 floorspace for commercial/club uses.
On 7 June 2021, the Department of Planning and Environment (DPE) issued a Gateway Determination (Attachment - 2) to proceed to public exhibition subject to conditions.
Council has not been given the authority to be the plan making authority. Council’s role is to carry out community consultation and make a recommendation to the Minister whether the LEP amendment should be made.
1.0 Existing Site
The site is approximately 9,129 m2, with frontages to Stanmore Road, Alma Avenue and Tupper Street. The site comprises 17 lots, including an allotment currently owned by Ausgrid which contains an electricity substation.
The site contains the existing Cyprus Club which is a 3 -4 storey building in the northeast corner. The club contains bars, a restaurant and function rooms. The car parking area for the club is located on the western portion of the Site and contains several mature trees. Vehicle access to the car park is via Alma Avenue. The southern portion of the site is currently vacant.
The site also includes 6 residential properties which share a boundary with the Cyprus Club property and have frontages to Tupper Street. These properties contain single detached dwellings and have been acquired by Cyprus Club.
Surrounding the site are low and medium density housing, including 3 - 4 storey residential flat buildings to the east, 1-2 storey dwellings to the west and 4 storey residential flat buildings to the south. Kingston South Heritage Conservation Area is located directly to the north of the Site.
The site is currently zoned R2 Low Density Residential, RE2 Private Recreation and SP2 Infrastructure with a Floor Space Ratio (FSR) of 0.6:1 and Height Of Building (HOB) from 9.5m to 14m. Part of the site along Alma Avenue is land reserved for acquisition for road-widening.
2.0 Planning Proposal
The Planning Proposal seeks to amend the IWLEP 2022 (formerly Marrickville LEP 2011) as follows:
· Rezone parts of the site: Site A to B4 Mixed Use, Site B and Site C to R1 General Residential (refer to the below map to identify various parts of the site)
· Amend FSR controls: Site A and Site B - 1.75:1; and Site C - 1 :1
· Amend the HOB Controls: Site A – 21m, Site B – 17m (western side) and 21m (eastern side), and Site C -11m
· Identify the site on Key Sites Map.
· Introduce site-specific local provision which requires:
o B4 mixed-use zone to permit a residential flat buildings only if it includes a minimum of 1550m2 floorspace for a Registered Club and Commercial premises
o new development to demonstrate that it will not significantly increase vehicular traffic in the area
o preparation of a site-specific Development Control Plan (DCP) to address detailed matters including built form, landscaping, streetscape, amenity.
Figure 1: Subject site including sub-sites A, B & C
Note that the above Planning Proposal provisions have been amended by Council officers to comply with the requirements of the Gateway Determination.
Due to the complex nature of the Planning Proposal, significant length of time was required by Council and DPE to undertake upfront assessment of the Planning Proposal between 2016-2021. Further, extensive Gateway conditions imposed by DPE to update the proposal prior to public exhibition required undertaking new studies by the proponent between 2021-2022.
Council was originally granted up to 7 June 2022 to finalise this Planning Proposal. Delays associated with revising the proposal and undertaking new studies by the proponent triggered the need to seek extension of Gateway timeframes from DPE which was granted in October 2022.
The Gateway Alteration requires that the proposal be finalised by 15 December 2022. The proposal was exhibited between May-June 2022. TfNSW provided late submission and required further review of traffic modelling to be undertaken which delayed Council’s ability to expedite the reporting of engagement outcomes. As such, DPE have informed Council that no further extension can be provided to the Gateway timeframes.
Below table provides a comparison of the Original Planning Proposal (2021) with the exhibited Planning Proposal (2022) as amended following the Gateway Determination:
|
Planning Controls |
Existing Planning controls IWLEP 2022 |
Planning Proposal submitted for Gateway 2021 |
Planning Proposal as exhibited |
|
Zoning |
· SP2 Infrastructure (Local Road) · SP2 (Electricity Supply) · R2 Low Density Residential · RE2 Private Recreation |
· SP2 Infrastructure (Local Road) · B4 Mixed Use · R1 General Residential |
No change from previous Planning Proposal (2021). |
|
Height |
· 9.5m (R2 zone) · 14m (remainder of site) |
· 21m -Building A & B · 20 m - Building D · 23m – Building C · 11m – Building E |
· 21.0m -Building A & B · 17.0m - Building D · 21 m – Building C · 11m – Building E |
|
FSR |
· 0.6:1 |
· 1.8:1 –Site A (B4 zone) · 1.8:1 – Site B (R1 zone) · 1:1 –Site C (R1 zone) |
· 1.75:1 (Site A, Site B) · 1:1 – (Site C) |
|
Additional Local Provisions |
N/A |
N/A |
New clause requiring: · preparation of a site-specific DCP; and · development will not result in a significant increase to the amount of vehicular traffic in the area |
|
Schedule 1 Additional Permitted Uses |
N/A |
Include RFB as an APU if part of a mixed-use development |
Include RFB as an APU if part of a mixed-use development that includes a minimum 1,500 m2 GFA for Registered Club and Commercial Premises purposes |
|
Land Reservation Acquisition |
Land reservation acquisition for ‘local road’ on Alma Avenue frontage |
Dedicate Alma Avenue frontage to accommodate widening of Alma Avenue |
No change from previous Planning Proposal |
|
Key Sites Map |
N/A |
Identify the B4 zone portion of the site to denote the new Schedule 1 clause - Additional Permitted Use. |
No change from previous Planning Proposal |
Table 1: Comparison of Original Planning Proposal (2021) with exhibited Planning Proposal (2022)
3.0 Site-Specific DCP and Planning Agreement
In accordance with the Gateway Determination, the Planning Proposal requires a provision for a site-specific DCP before development consent is granted. An Illustrative DCP framework outlining the key matters that will be dealt in the site-specific DCP was exhibited with the Planning Proposal. A site-specific DCP has not yet been submitted by the proponent for Council's assessment.
The proponent submitted a Letter of Offer with the revised Planning Proposal in May 2022. This offer is being negotiated with the Council's Properties team and a draft Planning Agreement is yet to be presented to Council. Below is a list of the proposed public benefits as claimed to be provided by the proponent in the Planning Proposal:
· approximately 5m road widening and associated works along Alma Avenue
· public open space adjoining Alma Avenue
· public open space adjoining Stanmore Road
· public civil plaza adjoining Stanmore Road
· pedestrian strip connecting Tupper Street and Alma Avenue for site permeability
· pedestrian through-site link from Stanmore Road, Alma Street and Tupper Street
· share way and though site link between Alma Street and Tupper Street
· provision for affordable housing or Crisis Accommodation Centre.
A Planning Agreement that ties the community benefits with the proposed LEP provisions will need to be considered and agreed by Council. This is critical to ensure various community benefits outlined in the Planning Proposal are realised.
4.0 Outcomes of public exhibition and public agency consultation
The Planning Proposal and supporting documentation were exhibited for 32 days between 18 May 2022 to 19 June 2022. Detailed Engagement Outcomes Report is provided in Attachment 3.
Community Submissions
Council sent approximately 3,133 letters to nearby landowners and occupants and provided information on how to view the supporting documentation, which was featured on Council’s Your Say website, DPE’s Planning Portal (see links) and as hard copies in Petersham, Ashfield, and Leichhardt Service Centres.
A total of 222 submissions were received in response to the exhibition. 90 supported the Planning Proposal, 123 opposed and 9 were neutral.
Submissions in favour expressed support for local economic growth and jobs as well as local social and sporting entities through the revitalisation of the site and retention of non-residential/ Club uses. Support was also received for proposed new through-site links and public square which will activate the surrounding area connecting further to the Enmore Road Special Entertainment Precinct. Community members also supported the provision of housing diversity and retaining the cultural significance of the club.
Those opposing the proposal raised key issues relating to traffic and safety impacts, insufficient car parking, loss of local character, excessive building height, overshadowing and noise impacts. Council officer’s response to the issues raised in submissions is discussed below and also detailed in Attachment 3.
Public Agency submissions
Public agency consultation was carried out in accordance with the Gateway Determination. Transport for NSW, Heritage NSW, Greater Cities Commission, Sydney Airport Corporation, Air Services Australia, Sydney Water, Ausgrid etc. were all consulted. 11 agency submissions were received in relation to the Planning Proposal with no objections.
TfNSW raised no major objections but provided comments relating to detailed traffic and parking assessment for consideration in future stages of the planning process. Further traffic modelling was requested from the proponent to respond to TfNSW’s submission. Council’s engineers have considered the additional information and raise no objections with the Planning Proposal at this stage on the proviso that public domain works as claimed by the proponent for road widening and streetscape improvements will be delivered. It is considered that Right in/Right out movements at Alma Ave/ Stanmore Rd and Tupper St/Stanmore Rd intersections should not be supported due to servicing and safety concerns. Left in/left out movements are recommended at these intersections. Detailed vehicular access movements on local roads/streets surrounding the site are to be resolved at the DCP stage in consultation with Council’s engineers, the Local Traffic Committee and TfNSW.
The Planning Proposal includes a site-specific provision that development consent can only be granted if development does not result in significant increase in traffic in the surrounding area including Alma Avenue, Tupper Street, Stanmore Road and Harrington Street.
Cyprus Club submission
The submission by Audax Urban, on behalf of The Cyprus Club, provided responses to the submissions received during the exhibition period. Where relevant, these responses have been taken into account by Council officers.
5.0 Discussion of issues raised in community submissions
The key issues raised during exhibition and Council officer’s responses are discussed below:
Traffic (100 submissions)
Submissions raised issues regarding adverse flow-on traffic impacts in the surrounding local streets, traffic queuing and access.
The proposal has considered vehicular access and traffic impacts of the new development. Access to Site A, containing the Club, commercial/retail and residential uses, is from Tupper Street via a basement ramp which will accommodate servicing and delivery vehicles. No Stopping/No Parking restrictions are considered to be removed along the western side of Tupper Street, in between Stanmore Road and the proposed new site access driveway, in order to improve traffic flow, subject to Council engineers and Traffic Committee’s approval which is to be sought at the DCP/DA stage.
Access to Sites B & C, containing residential uses, is via Alma Avenue. 5m road widening as required by the IWLEP 2022 is proposed along Alma Avenue with footpaths on both sides of the road and two-way street connection to improve pedestrian and traffic flow.
The Planning Proposal includes a site-specific provision that development consent can only be granted if development does not result in a significant increase in traffic in the area which will have to be demonstrated at the DA stage.
The proponent has provided additional information including traffic modelling following public exhibition to address community’s and TfNSW’s concerns relating to traffic. Council’s engineers have reviewed the traffic reports and advised that further site-specific detailed guidelines are required to be developed at the DCP stage. This DCP is to be exhibited to public and will include guidelines regarding vehicular access arrangements to the site, level of car parking, bike and bicycle parking, proposed treatment for widening Alma Lane, reconfiguration of Tupper Street and green-travel plan to support sustainable transport.
Parking (74 submissions)
Submissions raised concerns that future development will provide inadequate carparking, and this will exacerbate demand for on-street car parking spaces.
Any future development is to generally comply with the Marrickville DCP 2011 parking rates for residential and commercial development. A future site-specific DCP is required to be developed with Council’s engineers to establish the optimum level of car parking for club uses noting that DCP will also include provisions regarding supporting sustainable transport and green travel plan to support walking and cycling so that the reliance on private car can be reduced.
Excessive Building Height (28 submissions)
Submissions raised concerns with the proposed building height as it would set a precedent for the area, result in loss of views and affect property prices.
It is noted that the Gateway Determination required reduction of proposed height from the previous 2021 Planning Proposal to provide a sensitive built form response to the surrounding area. Figures 2&3 below illustrate the proposed building height (blue line) and indicative building massing compared with the original proposal (purple line).
Urban design and heritage impacts were a key consideration in the assessment of a suitable planning envelope on this site. The urban design study justifies the proposed building height arrangement and demonstrates that there will be no significant overshadowing to neighbouring properties. The future draft site-specific DCP is required to set guidelines relating to built form transition, height and setbacks and landscaping.
Figure 2 - Elevation of Proposal Facing Tupper Street (in blue) - Compared to Original Proposal (in pink)
Figure 3 – Proposed elevation along Alma Avenue (in blue) - Compared to Original Proposal (in pink)
In addition, post-exhibition amendment is recommended to the Planning Proposal to include a new site-specific provision regarding ensuring that the development achieves an appropriate development pattern and high-quality built form in terms of bulk, massing, height, separation, setbacks, amenity and modulation. Compliance with the proposed LEP provision will have to be demonstrated at the DA stage.
Local character and Heritage (46 submissions)
Submissions raised concerns that the proposed development is unsympathetic to the existing local context, streetscape and heritage setting.
Council officers have undertaken detailed assessment of the urban design studies and already amended the original scheme following the Gateway Determination to reduce the proposed FSR from 1.8:1 for Sites A and B, to FSR 1.75:1. This includes reduction in building heights (as illustrated above), with increased setbacks and landscaping for tree canopy.
These measures will ensure that the proposed design provides a contextual response to the existing streetscape and local setting. Further, the future draft site-specific DCP is to include objectives and controls requiring contextual response to the neighbouring area as well as landscaping and tree canopy controls to achieve good design outcomes.
In addition, post-exhibition amendment regarding additional of new site-specific LEP provision to demonstrate appropriate built form response as outlined above will have to be achieved at the DA stage.
Noise (16 submissions)
Concerns were raised regarding prolonged noise pollution during construction as well as the future use of club for events and outdoor dining areas.
Construction traffic and noise impacts will be addressed through conditions of consent at the DA stage. It is noted that the use of the site as a registered club is an existing use. Notwithstanding this, the draft DCP is required to introduce guidelines which ensure that the new development provides suitable acoustic treatment to not unreasonably impact on the amenity of future and surrounding residents as well as any other sensitive land uses.
General Officer comment:
Post-exhibition changes to the Planning Proposal as detailed in the below section and also listed in Attachment 4 have been recommended to address key matters raised during public exhibition including built form, traffic, parking, amenity, acoustics etc. through a future DCP prior to any development consent being granted. In addition, deferred commencement of the LEP is sought to allow additional time to prepare the site-specific DCP amendment.
6.0 Post-exhibition amendments to Planning Proposal
Amendments to the Planning Proposal are required to address community, public agency and officer concerns. These mostly relate to providing certainty that that resulting LEP amendment will have robust provisions to address Gateway Conditions and community concerns; and provide good design outcomes with minimal adverse impacts on the surrounding area.
Site-specific DCP is required to address potential environmental, built form and traffic and parking impacts. In addition, delivery of road-widening, public domain enhancements and affordable housing relies on a Planning Agreement to be in place before the LEP comes into effect.
Both the DCP and Planning Agreement are currently outstanding matters for the proponent to provide further information. In addition, there are concerns that despite the proposed LEP provision requiring preparation of a site-specific DCP, Clause 4.23 of the Environmental Planning & Assessment Act 1979 (EP&A Act) allows proponents to proceed with the Concept DA without having a site-specific DCP in-place. This overrides the LEP requirement regarding provision of DCP prior to any development consent being granted through addressing design provisions at the Concept DA stage.
This site specific DCP is an important mechanism to set detailed planning and design controls for the new development. In the event that the DCP is not in place, there are potential concerns that community and officer’s issues will not be addressed.
To mitigate the above concerns, the following post-exhibition changes to the Planning Proposal are recommended:
1. Council seek DPE to defer the making of the LEP amendment and its coming into effect until such time that the site-specific DCP and Planning Agreement have been endorsed by Council.
2. Include new site-specific LEP clauses to address issues relating to built form, transport, landscaping, amenity, sustainability and public accessibility of new open space/ through-site links:
(a) Development consent must not be granted until the new development:
i. can demonstrate that it will achieve an appropriate development pattern and high-quality built form in terms of bulk, massing, height, separation, setbacks, amenity and modulation.
ii. provides diversity of housing, including affordable housing and adaptable housing.
iii. supports sustainable transport modes, minimises traffic congestion and reduces private car dependency.
iv. preserves significant trees and provides adequate landscaping and deep soil planting incorporating measures to reduce urban heat through water sensitive urban design and mature tree planting.
v. demonstrates that it will not result in significant increase to the amount of vehicular traffic in the area, including on Stanmore Road, Alma Avenue, Tupper Street, Harrington Street, Newington Road, Enmore Road and Liberty Street.
vi. incorporates environmentally sustainable design principles, including measures to minimise the consumption of energy and water, and achieve a minimum 5 star Green Star Communities rating or minimum 5 Star Green Star Buildings rating.
i. provides new publicly accessible:
1. through-site walking and cycling links between Alma Avenue and Tupper Street to improve permeability
2. open space with landscaping along Alma Street
3. plaza with landscaping along Stanmore Road
(b) Development consent must not be granted until the new development provides a site-specific DCP for:
i. design principles drawn from an analysis of the site and its context,
ii. distribution of land uses, including the function and landscaping of open space,
iii. building envelopes and built form controls, including the following—
a. bulk, massing and modulation of buildings,
b. setbacks to the ground floor and upper storeys,
c. specified building storeys,
iv. housing mix, including affordable and adaptable housing,
v. vehicle access arrangements,
vi. encouraging sustainable transport, including increased use of public transport, walking and cycling, and appropriate car parking,
vii. improvements to the public domain and opportunities for its passive surveillance,
viii. landscaping, deep soil planting and communal open space.
ix. the application of the principles of ecologically sustainable development,
x. environmental impacts, including solar access, visual and acoustic privacy, overshadowing within the development on publicly accessible areas and on the surrounding
xi. the mitigation of aircraft noise, including through building design and the use of appropriate building materials.
c. Amend the site-specific provision relating to club uses by increasing the minimum gross floor area for club uses to be 1550sqm instead of 1500sqm for club uses and commercial to be consistent with the Gateway Determination.
3. Administrative changes:
a. Proposed LEP Maps:
i. Additional Permitted Uses Map: Amend to identify only B4 part of the site for residential flat buildings as an additional permissible use.
ii. Key Sites Map: Identify the site on the Key Sites Map to relate to the applicability of the proposed site-specific provision.
b. Correct any minor errors, omissions or inconsistencies prior to finalisation.
The above amendments, if supported by DPE, will provide certainty that LEP provisions in conjunction with future DCP and Planning Agreement can deliver good outcomes. These would be achieved by the new development through provision of housing, including affordable housing, employment and recreational uses as well as public benefits through new open space, plaza and through-site links.
In the event that DPE do not support the deferred commencement of the LEP to allow preparation of DCP and Planning Agreement, it is recommended that Council do not support the current Planning Proposal in its current form.
Conclusion
Engagement with community and public authorities in relation to the Planning Proposal has been carried out as per the Gateway Determination, Council’s Community Engagement Framework and the EP&A Act.
The Planning Proposal in its current form warrants concerns relating to traffic, parking, built form, amenity and public domain which cannot be adequately resolved without detailed LEP provisions, site-specific DCP and Planning Agreement.
Post-exhibition amendments to the Planning Proposal are recommended including deferral of the commencement of the LEP and new site-specific LEP provisions to respond to the issues raised in submissions by local community and further mitigate the environmental and social impacts of the proposal. The future site-specific DCP is to incorporates objectives and provisions to ensure adequate amenity, appropriate setbacks and built form transitions, mitigate visual privacy and noise impacts and require the provision of detailed traffic and parking impact studies.
It is considered that community and council officer concerns can be resolved through adoption of site-specific DCP in the future however additional time is required to prepare the site-specific DCP, hence DPE are requested to defer the commencement of the LEP.
The LEP provisions in conjunction with future DCP provisions and Planning Agreement have the potential to revitalise this area and contribute towards housing diversity and productivity outcomes in the Inner West.
It is noted that the Gateway Determination requires this proposal to be finalised by 15th December 2022. If this timeframe cannot be achieved, DPE have advised that it will appoint itself as the planning proposal authority due to Council’s failure to comply with the Gateway Determination obligations.
In public interest, Council’s support is sought to proceed with the post-exhibition amendments on the proviso that DPE defer the commencement of this LEP. This approach will allow Council to provide a recommendation to DPE within the Gateway timeframes as DPE is the final plan making authority. This approach will provide assurance to Council and community that concerns relating to the Planning Proposal will be resolved through the future reporting and exhibition of the DCP and Planning Agreement.
Due to their large size, please follow the below link to Council’s website to access the Planning Proposal (Attachment 1) supporting technical studies appendices, as listed below:
· Proposed LEP Maps
· Appendix A: Environmental Site Investigation Report
· Appendix B: Traffic and Parking Assessment Report
· Appendix C: Environmental Noise Assessment and Noise Mitigation Strategy
· Appendix D: Department of Infrastructure, Transport, Regional Development and Communications Referral Advice
· Appendix E: Preliminary Heritage Assessment
· Appendix F: Urban Design and Indicative Scheme
· Appendix G: Supplementary Urban Design Report and Rationale
· Appendix H: Urban Design Peer Review Letter
· Appendix I: Draft DCP Framework
· Appendix J: Landscape Design
· Appendix K: Landscape Intent Letter
· Appendix L: Aboricultural Impact Assessment Report
· Appendix M: Draft Voluntary Planning Agreement Letter
|
1.⇩ |
Planning Proposal (As Exhibited) |
|
2.⇩ |
Gateway Determination - 7 June 2021 |
|
3.⇩ |
Engagement Outcomes Report |
|
4.⇩ |
Amendments to the Planning Proposal in response to Gateway Determination and public exhibition |
|
Council Meeting 6 December 2022 |
Subject: Post Exhibition - Draft Development Control Plan - 36 Lonsdale Street and 64 -70 Brenan Street, Lilyfield
Prepared By: Con Colot - Senior Strategic Planner & Projects
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council:
1. Note the engagement outcomes in response to the public exhibition of the site-specific Development Control Plan amendment to Leichhardt Development Control Plan (DCP) 2013 for 36 Lonsdale Street and 64-70 Brenan Street, Lilyfield as detailed in Attachment 3;
2. Endorse the amendments to the Leichhardt Development Control Plan 2013 for 36 Lonsdale Street and 64-70 Brenan Street, Lilyfield as outlined in this report and contained in the DCP in Attachment 4; and
3. Officers be authorised to make any minor amendments to correct any minor errors, omissions or inconsistencies prior to finalisation of the Development Control Plan amendment;
|
DISCUSSION
On 26 November 2021, the former Leichhardt Local Environmental Plan (LEP) 2013 Amendment 20 (now Inner West LEP) was gazetted for 36 Lonsdale Street and 64-70 Brenan Street, Lilyfield (the subject site in Figure – 1) (Attachment 2). This amendment increased the maximum Floor Space Ratio (FSR) of the site to 1.5:1 and introduced a maximum Height of Building (HOB) of RL 33.2 equivalent to 5 storeys.
Clause 6.30 (2) & (3) of the Inner West Local Environmental Plan (IWLEP) 2022 require that a site-specific Development Control Plan be prepared to activate the increased FSR and HOB controls. The DCP must provide for objectives and controls relating to built form, height transition, sustainable transport, environmental impacts, ecologically sustainable development etc.
Figure 1–Map showing subject site in red
Council as the planning authority is responsible for making or amending the DCP as per the Environmental Planning & Assessment Act 1979 (the “Act”) and Environmental Planning &
Assessment Regulation 2021 (the “Regulation”).
The draft site-specific DCP (Attachment 1) was exhibited by Council between April-May 2021 and post-exhibition outcomes were reported to the Council on 3 August 2021. However, the adoption of the DCP amendment was sought to be deferred to allow consideration by the Architectural Excellence & Design Review Panel (AEDRP or the Panel) as required by Clause 15 of the Regulation.
On 4 October 2022, the AEDRP advised Council that it supports the draft site-specific DCP. In the intervening period, between the post exhibition report and the review by the AEDRP, Council officers reviewed the draft DCP controls against the relevant legislation to ensure all requirements were met. Consequently, this report recommends Council to approve the draft DCP for adoption.
1.0 Site Context
The site is an irregularly shaped 2,145m² block with three street frontages of 54m to City West Link to the north, 36m to Lonsdale Street to the east and 30m to Russell Street to the west.
The site is partly occupied by one - two storey industrial and commercial buildings with vehicle access from Lonsdale Street and Brenan Street. 66-70 Brenan Street consists of three detached dwelling houses with limited vehicle access.
2.0 Inner West LEP 2022 and draft site-specific DCP provisions
The site is zoned R1 General Residential with a maximum FSR of 0.6:1 and no HOB. The following site-specific provisions apply under Part 6 – Additional Local Provisions of the LEP as gazetted in November 2021:
- If a DCP has been prepared for the land, the maximum HOB is RL 33.2 and the maximum FSR is 1.5:1.
- The DCP must provide for objectives for development; building envelopes and built form controls (incl. bulk, massing, scale, storeys etc.); height transitions; sustainable transport provisions; environmental impacts consideration including overshadowing and solar access and visual and acoustic privacy; application of ecologically sustainable development.
- Development consent must not be granted to development that will result in a dwelling on the ground floor of a building if a wall of the dwelling faces the City West Link.
The LEP Amendment deleted Council's proposed clause relating to the maximum number of storeys and building setbacks, and in lieu of this required that a site-specific DCP be prepared.
The preparation and adoption of site-specific DCP is required to comply with the above clause and provide certainty to the community that good design and amenity outcomes will be delivered on the site at the Development Application (DA) stage.
The draft DCP provides objectives and controls on the following matters:
· Desired future character
· Lot amalgamation
· Built form and Design
· Setbacks and Separation
· Design, Finishes and Materials
· Visual and Acoustic Amenity
· Communal Open space, deep soil and landscaping
· Disabled Access
· Parking, Access and Waste
· Environmental management
The draft DCP(with minor changes post exhibition) also includes below diagrams showing the indicative site plan and sections which will result in a 5 storey residential development on the site.
Figure 2 - Indicative site plan in the Draft DCP
Figure 3 - Indicative elevation along Russell Street in the Draft DCP
Figure 3 - Indicative elevation along Lonsdale Street in the Draft DCP
3.0 Engagement outcomes
The draft site-specific DCP was exhibited for 28 days between 19 April and 14 May 2021 in accordance with Council's Community Engagement Framework. Council sent hard copy letters to nearby landowners and occupants to notify them of the public exhibition and provided information on how to view the supporting documentation, which was featured on Council’s Your Say website. Detailed Engagement Outcomes Report is provided in Attachment 3.
Council received 15 submissions during this exhibition period out of which 13 were against the proposal, 2 in support subject to minor changes. The key matters raised in these submissions include:
- potential traffic impacts if Russel Street and Catherine Street are used for vehicular access
- loss of on-street parking in Russell Street
- support for vehicular access from Lonsdale Street
- lack of sympathy of the development with the local street character
- excessive height of buildings and built form
- loss of privacy to adjacent houses.
Officer’s comment:
Some of these concerns relating to excessive height and density are beyond the remit of site-specific DCP as these controls have already been gazetted by DPE as part of the LEP Amendment.
Council officers have addressed the matters raised in the submissions through minor amendments to the exhibited DCP which will strengthen the built form requirements to adequately address the development impacts at the Development Application (DA) Stage. See Section 5.0 below regarding the list of post-exhibition changes to the draft DCP.
4.0 Consideration of the AEDRP advice
The State Environmental Planning Policy (SEPP) 65 Design Review Panel (also known as AEDRP) was formally constituted for IWC on 1 July 2021. Clause 15 of the Regulation requires that DCPs with residential flat buildings be referred to the Panel prior to its adoption by Council. The Regulation requires the Panel to provide advice on the draft DCP that it has addressed the matters in parts 1 and 2 of the Apartment Design Guide 2015.
The draft DCP was referred to the AEDRP twice, initially for a briefing on 21 September 2022 and subsequently for a formal meeting on 4 October 2022. AEDRP requested minor changes to the draft DCP including new requirements for lot amalgamation, street frontage treatment along City West Link and at the Lonsdale Street corner, pedestrian entries and additions/amendments to site plan/elevation diagrams.
On 4 October 2022, the AEDRP advised Council (Attachment 4) that it supports the draft DCP on the basis that:
· It gives appropriate consideration to the Apartment Design Guide 2015.
· It provides appropriate guidance to the proponent to achieve good quality design outcomes at the detailed design stage.
· It strikes an appropriate balance between prescriptive controls and design flexibility.
· It is consistent with the FSR and Height controls set in the LEP.
5.0 Post-exhibition minor amendments
Minor amendments to the draft site-specific DCP are required to address matters raised by the community and AEDRP. These new and amended provisions to ensure satisfactory residential amenity, building setbacks and landscape setting, built form transitions, visual privacy, landscaping, traffic and parking.
Following minor amendments are recommended to the draft site-specific DCP:
· Add new Part 1.5: Lot Amalgamation and associated objectives and controls
· Amend Controls under Part 1.6 - Built Form, Height and Design
- Addition to C1 requiring integration of roof structures into the design
- Add C4 for treatment of walls along City West Link Road
- Add C6 to underground power cables subject to TfNSW approval
- Add C8 to clarify provision of lower level employment floorspace at corner of Lonsdale Street/ City West Link Road
- Add new Figure 5 Section diagram through middle of the site
· Amend Section - 1.7 Setbacks and Separation
- Add O3 for public domain treatment along City West Link road to enhance streetscape
- Add C3 for building separation to comply with Apartment Design Guide
- Add C4 clarifying the building design treatment at corner Lonsdale Street and City West Link road
· Amend Section - 1.8 Design, Finishes and Materials
- Addition to C5 requiring undergrounding of overhead power cables
· Amend Section - 1.12 Parking, Access and Waste
- Add C3 regarding waste management facilities to comply with LDCP Part 2.5
- Add C9 for location of pedestrian entries
The above amendments are contained in the Draft DCP (Nov 2022) in Attachment 5 which is recommended for adoption by Council.
It is considered that community concerns will be addressed as the site-specific DCP incorporates objectives and provisions to ensure adequate amenity, appropriate setbacks and built form transitions, mitigate visual privacy and noise impacts and require the provision of detailed traffic and parking impact studies.
The DCP will provide guidance to the proponent to achieve good quality design outcomes at the detailed design stage. Detailed assessment of the design will occur at the DA stage to ensure that any new development meets the objectives and controls of the LEP and DCP.
Conclusion
The draft site-specific DCP with minor amendments as outlined above satisfactorily complies with the requirements of the Inner West Local Environmental Plan 2022 for the site and addresses matters raised during public exhibition by community and the AEDRP.
It is recommended that the draft site-specific amendment to the Leichhardt Development Control Plan 2013 for 36 Lonsdale Street, 64-70 Brennan Street, Lilyfield be adopted by Council. If approved by Council, the revised DCP will come into effect when Council publishes notice of its decision on website within 28 days of its decision.
FINANCIAL IMPLICATIONS
Nil
|
1.⇩ |
Draft DCP exhibited 2021 |
|
2.⇩ |
Leichhardt LEP 2013 Amendment 20 |
|
3.⇩ |
Engagements Report |
|
4.⇩ |
AEDRP advice |
|
5.⇩ |
Draft DCP for adoption |
|
Council Meeting 6 December 2022 |
Subject: Post Exhibition - Draft Development Control Plan - 469 - 483 Balmain Road, Lilyfield
Prepared By: Con Colot - Senior Strategic Planner & Projects
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council:
1. Note the engagement outcomes in response to the public exhibition of the site-specific Development Control Plan (DCP) amendment for 469-483 Balmain Road, Lilyfield as detailed in Attachment 3;
2. Note the Architectural Excellence and Design Review Panel (AEDRP) advice that it does not support the site-specific DCP amendment for 469-483 Balmain Road, Lilyfield; and
3. Request the proponent to submit a revised draft site-specific DCP and urban design scheme to addressed the matters raised by AEDRP. The revised DCP, if satisfactory, be re-exhibited and referred back to AEDRP for advice.
|
DISCUSSION
On 26 February 2021, the former Leichhardt Local Environmental Plan (LEP) 2013 Amendment 18 (now Inner West LEP) was gazetted to enable residential uses on the industrial site at 469-483 Balmain Road, Lilyfield and increase the Floor Space Ratio (FSR) to 2.2:1 and Height Of Building (HOB) to 23m equivalent to 6 storeys.
Clause 6.25 of the IWLEP 2022 requires that a draft site-specific DCP be prepared to enable this mixed-use development on the site. The DCP must provide for objectives and controls relating to built form, height transition, retention of character buildings, distribution of land uses, sustainable transport, environmental impacts, ecologically sustainable development etc.
Council as the planning authority is responsible for making or amending the DCP as per the Environmental Planning & Assessment Act 1979 (the “Act”) and Environmental Planning & Assessment Regulation 2021 (the “Regulation”).
The draft site-specific DCP (Attachment 1) was prepared and exhibited by Council from 21 June to 30 July 2021 and subsequently reported to the Inner West Architectural Excellence & Design Review Panel (AEDRP).
On 7 June 2022, the AEDRP advised Council that it does not support the draft site-specific DCP. Council officers have considered the matters raised by AEDRP with respect to the shortfalls in the DCP. These matters cannot be addressed through minor modifications to the draft DCP, and therefore, it is recommended that Council request the proponent to submit a revised DCP with an urban design scheme.
1.0 Background
A Planning Proposal to amend the former Leichhardt LEP 2013 for the site which sought to enable residential uses on the IN2 - Light Industrial zoned site and increase its FSR and HOB. The Planning Proposal was not supported by Council officers as it lacked strategic merit due to key issues such as potential loss of industrial uses and incompatible built form response.
In August 2017, a Rezoning Review was lodged by the proponent with the Department of Planning & Environment (DPE). The proposal was subsequently supported by the Sydney Eastern City Planning Panel (SECPP) and DPE.
On 26 February 2021, the Minister for Planning gazetted the Leichhardt LEP Amendment No. 18 (Attachment 2) to enable residential uses on the industrial site with increased FSR from 1:1 to 2.2:1 and new HOB control of up to 23m equivalent to 6 storeys.
The site-specific LEP provisions prepared by DPE require that a site-specific DCP be prepared which outlines provisions relating to design principles, building envelopes, public domain treatment, sustainability, land use conflict and environmental impacts.
2.0 Site Context
The 6,824sqm site (see Figure – 1) is located in the Balmain Road Industrial precinct and is bounded by Balmain Road, Fred Street and Cecily Street. Three buildings built between 1907 and 1960 characterise the site, namely Pilchers Bakery, the former ABBCO Pty Ltd office building, and a factory that has two residential apartments above. To the north of the site is Callan Park. To the south, the predominant built form is single and attached dwelling houses. To the east along Balmain Road are shopfronts and a timber yard.
Figure 1 – Site location
3.0 Inner West LEP 2022 site-specific provisions and Draft DCP
The site is currently zoned IN2 Light Industrial with an FSR of 2.2:1 and HOB up to 23m. Previous to the 2021 LEP amendment, the site had an FSR of 1:1, no HOB and no residential uses were permitted.
IWLEP Clause 6.25 Development of Land at 469-483 Balmain Road, requires:
· ongoing provision of employment, service and creative enterprise opportunities on the land and the following mix of uses:
(i) at least 6,000m2 of the total gross floor area (GFA) for employment uses, and
(ii) at least 1,200m2 of the 6,000m2 employment uses for creative purposes, and
(iii) adaptive reuse of existing buildings
(iv) at least 5% of the GFA for affordable housing.
· a DCP that provides for matters including design principles, retention of buildings, distribution of land uses, landscaping, building envelope (setbacks, massing and heights), diversity of housing, public domain treatment, sustainability, land use conflict, environmental impacts .
In addition, the IWLEP 2022 Schedule 1 - Additional Uses Clause 18 applies a sunset clause to the site as per below:
Clause 18 - Development for the purposes of residential flat buildings is permitted with development consent if the development application is lodged on or before 26 February 2024.
The preparation and adoption of site-specific DCP is required to comply with the above clause and provide certainty to the community that good design and amenity outcomes will be delivered on the site at the Development Application (DA) stage.
The draft DCP provides objectives and controls on the following matters:
· Desired future character
· Public domain
· Open space, deep soil and landscaping
· Employment Uses and Residential amenity
· Built form, height and design
· Environmental Management
· Building materials and finishes
· Waste and Recycling
· Heritage
· Housing Affordability and Diversity
The draft DCP also includes below diagrams showing the indicative site plan and sections which will result in a 6 storey mixed-use development on the site. The draft DCP is primarily based on the proponent’s site layout as supported by the SECPP in December 2020.
Figure 2 - Public domain, deep soil planting and pedestrian through site links (Draft Balmain Rd Site Specific DCP)
Figure 3 – Indicative Built form massing Draft Site-specific DCP
4.0 Engagement outcomes
The draft site-specific DCP was exhibited by Council officers for 41 days from 21 June 2021 to 30 July 2021 in accordance with the Act and Council's Community Engagement Framework. Council sent hard copy letters to nearby landowners and occupants to notify them of the public exhibition and provided information on how to view the supporting documentation, which was featured on Council’s Your Say website. Detailed Engagement Outcomes report is provided in Attachment 3.
Council received 27 written submissions during the exhibition period.
4 submissions supported or had no objections in principle to the proposed DCP amendments, key matters of support were:
· provision of affordable housing
· provision of creative industries
· a considered approach to the draft DCP.
6 submissions were neutral whilst 17 submissions opposed the proposed amendments. The key matters of concern were:
· excessive height, bulk and scale, out of character
· additional traffic and insufficient parking
· noise
· loss of sunlight
· privacy impacts
· poor public domain
· lack of adequate open space
· poor sustainability outcomes
· loss of affordable rental spaces for artistic and creative uses.
Some of these concerns relating to height and density are beyond the remit of a site-specific DCP as these controls have already been gazetted by DPE as part of the LEP Amendment.
10 submissions (out of total of 27) also suggested potential changes to the draft DCP controls which have been considered by Council officers as per below.
5.0 Post-exhibition amendments
The following minor changes were made to the exhibited DCP to address community’s concerns and strengthen the proposed DCP guidelines to better address environmental and amenity impacts at the DA stage:
· Ensuring that building envelopes are within the IWLEP’s maximum FSR of 2.2:1 and minimise bulk and scale impacts on the surrounding neighbourhood.
· Ensuring that adequate servicing facilities are provided within the site for the employment areas and avoiding “spill over” onto residential streets.
· Effectively utilising the podium for communal open space and provision of tree canopy.
· Providing sufficient tree planting in the building setbacks to improve public domain treatment.
It is important to note that the proponent’s original design scheme/ proposal was not supported by Council officers and that the exhibited draft DCP was primarily based on proponent’s design scheme as supported by DPE/SECPP. Council officers are unable to satisfactorily resolve all of community’s concerns without making substantial changes to the draft DCP’s building envelope.
6.0 Consideration of the AEDRP advice
The State Environmental Planning Policy (SEPP) 65 Design Review Panel (also known as AEDRP) was formally constituted for IWC on 1 July 2021. Clause 15 of the Regulation requires that the DCPs with residential flat buildings be referred to the Panel prior to adoption by Council. The Regulation requires the Panel to provide advice on the draft DCP that it has addressed the matters in parts 1 and 2 of the Apartment Design Guide (ADG) 2015.
The revised draft DCP, including minor amendments as listed above, was referred to the AEDRP in accordance with the Regulation.
On 7 June 2022, AEDRP provided their advice to Council (Attachment 4) that it does not support the draft DCP due to various concerns including:
· the need to describe the overall project objectives and vision for the precinct
· the proposed residential envelopes being substandard in terms of providing amenity
· viability of industrial uses being compromised by the residential component
· the ground floor plates being too deep for provision of natural light and ventilation
· the site’s ability to achieve maximum FSR within the proposed envelope, incl. maximum HOB
· lack of certainty regarding how the residential uses will co-exist with light industrial uses
· the need to avoid overly prescriptive DCP envelopes for improved configurations.
Overall, the AEDRP considered that compliance with the ADG for the proposed development will be difficult to achieve at DA stage. It also considered that a substantially different design concept to what was prepared by the proponent and approved by the SECPP is required to achieve compliance with the ADG and good design/ amenity outcomes.
Council Officer’s consideration of the AEDRP advice
Council officers acknowledge the issues raised by the AEDRP, particularly in relation to the proponent’s proposed building envelopes which may not achieve sufficient amenity. However, these matters cannot be addressed through minor modifications to the draft DCP. These require considerable changes to the urban design scheme including revised built form configuration to satisfy the ADG and LEP requirements. Noting that the FSR and HOB controls have already been set in the LEP and cannot be amended, any new design scheme will need to demonstrate that the built envelope is within the planning framework established by the LEP for the site.
Council officers have advised the proponent in June 2022 regarding the issues raised by the AEDRP. However, these issues have not yet been resolved. The proponent expressed their intention to pursue an alternate design scheme substantially different from the building envelopes outlined in the exhibited DCP.
In addition, there are concerns that despite the proposed LEP provision requiring preparation of a site-specific DCP, Clause 4.23 of the Act allows proponents to proceed with the Concept DA without having a site-specific DCP in-place. This overrides the LEP requirement regarding provision of DCP prior to any development consent being granted through addressing design provisions at the Concept DA stage.
This site specific DCP is an important mechanism to set detailed planning and design controls for any new development. In the event that the DCP is not in place, there are potential concerns that AEDRP’s concerns will not be addressed.
7.0 Conclusion
Community consultation and AEDRP referral has been carried out as per the requirements of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2021.
AEDRP has raised significant concerns with the draft DCP provisions as outlined in this report.
Therefore, the draft DCP as exhibited is unsatisfactory and a revised DCP and supporting urban design scheme are required to address key issues raised by the AEDRP and community. It is recommended that Council write to the proponent outlining concerns with the current DCP and request that revised DCP be submitted to Council for assessment.
Should the revised DCP be satisfactory, it will be re-exhibited for public feedback and referred to the AEDRP. Post-engagement outcomes will be presented to Council in 2023. This should be done in a timely manner as the sunset clause applies to the site relating to permissibility of residential uses up to 26 February 2024.
FINANCIAL IMPLICATIONS
Nil
|
1.⇩ |
Draft DCP exhibited 2021 |
|
2.⇩ |
Leichardt LEP Amendment No 18 |
|
3.⇩ |
Engagement Outcome Report |
|
4.⇩ |
AEDRP Advice |
|
Council Meeting 6 December 2022 |
Subject: Public Domain Master Plans
Prepared By: Kurt Henkel - Principal Designer Public Domain
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That a further report be provided to Council following the completion of the Visioning stage for each Public Domain Master Plan area.
|
BACKGROUND
Council’s Local Strategic Planning Statement and Community Strategic Plan highlight the need to improve our town centres to better address environmental, social and economic objectives by promoting opportunities to increase pedestrian space and provide green and blue infrastructure as a part of a renewal program focused on main streets.
Council’s Delivery Program 2022-26 identifies a requirement to plan, deliver and maintain public spaces and infrastructure. This includes the requirement for Strategic Planning to Design and prepare public domain master plans in commercial centres (2022, p39).
On 25 October 2022 Council received a report that identified a range of short and medium term projects on or adjacent to main streets across the Inner West that are expected to complement the longer term master plan projects that are discussed in this report.
DISCUSSION
Public Domain master plans
The public domain master plans will develop a 10 year vision for these town centres with the aim to improve access and amenity. They will include illustrated plans and plain english text to ensure easy reading for many audiences including Council staff, Councillors and the wider community.
They will provide design direction and standards for the Development Approval process whilst also identifying priorities for budgeting Council capital works and opportunities to advocate to other agencies.
Council’s draft Contributions Plan identifies significant funding towards main streets, which is expected to be coupled with other Council or grant funds to enable the staged delivery of identified capital improvements.
Council has at this stage engaged consultants to prepare public domain master plans for Rozelle, Newtown, Marrickville and Dulwich Hill. Planning is underway for a Balmain Town Hall precinct plan and a Leichhardt master plan. Other town and village centre master plans are expected to be developed in future years under a coordinated delivery program that will provide medium to long term directions.
Attachment 1 includes maps indicating the site areas for each of the current six (6) public domain master plans and precinct plans.
Community Engagement
It is intended to undertake a coordinated community engagement for the various project sites identified above. Detailed engagement plans for Rozelle, Newtown, Marrickville and Dulwich Hill are presented in Attachment 2.
Key aspects of the engagements include:
· Appointment of a Balmain Community Working Group in November 2022 to work through and develop option proposals for this area.
· A Task Force meeting for Leichhardt in December 2022.
· Launch a community engagement for Rozelle in February 2023 seeking visions and ideas for consideration in preparation of the draft master plan. This will build on the current awareness of the impacts of State Government projects in the local area, providing a platform for Council to advocate for positive changes to Victoria Road and Darling Street.
· Launch a community engagement for Newtown, Marrickville and Dulwich Hill in April 2023 (after the NSW State election) seeking visions and ideas for these centres, to be followed by deeper community engagements in May/June, ahead of the development of draft master plans.
· Reporting back to Council and the community through the preparation of Engagement Outcomes Reports at key steps along the way. This shall include reporting to Councillors on the draft master plans seeking endorsement prior to exhibition.
Master plan directions and key challenges
The following is an outline of the opportunities for each of the current master plan investigations.
Balmain: The focus of the planning for Balmain is to progress the shared vision expressed at the public meeting on 13 July 2022 seeking new uses for the publicly owned buildings in the precinct including the Library, Town Hall, Police, PCYC, Court House and associated outdoor spaces. There is also an opportunity to look at opportunities to activate the outdoor civic spaces with new building uses and landscape improvements. A Balmain Town Hall Working Group will soon be appointed to assist Council in developing these proposals.
Leichhardt: The specific scope of this work is expected to develop following a Task
Force meeting on 1st December, where economic development and public domain improvements will be discussed.
Rozelle: There is an opportunity to renew Victoria Road in response to the planned opening of the Iron Cove Link tunnel, Rozelle Parklands and future Bays West development. Darling Street and adjacent laneways may be changed with a view to strengthen its vibrancy as a shopping strip and improve north-south connectivity across Victoria Road.
Newtown: There is an opportunity to look at improving pedestrian areas to better accommodate walking, dining and social activities, especially with respect to planned changes associated with the Enmore Road ‘Special Entertainment Precinct’.
Marrickville: There is an opportunity to improve pedestrian areas to better accommodate walking, dining and social activities, particularly to better address active transport and green infrastructure opportunities along Illawarra, Petersham and Marrickville Roads and various laneways. There are also opportunities to improve active transport connections to the new Marrickville Metro station.
Dulwich Hill Village: There is an opportunity to activate and improve connections between a series of existing laneways and off-street carparks on the southern side of New Canterbury Road to promote new walking and green connections between local schools, the library and the Dulwich Grove light rail station. It is expected that these ideas if implemented will enhance the amenity and green infrastructure in these areas with follow on economic benefits.
FINANCIAL IMPLICATIONS
Funding for investigation and engagement for the Public Domain Masterplans has been accommodated in the current budget.
|
1.⇩ |
Master plan maps |
|
2.⇩ |
Engagement timeline |
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Council Meeting 6 December 2022 |
Subject: King George Park Plan of Management
Prepared By: Aaron Callaghan - Parks and Recreation Planning Manager
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council:
1. Adopt the King George Park Plan of Management as pursuant to Section 40 of the Local Government Act 1993 in accordance with 3.23(6) of the Crown Lands Management Act 2016; and
2. Note the upgrade to the King George Park Amenities Building will form part of the 2023-24 financial year budget considerations.
|
DISCUSSION
At its Ordinary Council meeting on 14 June 2022, Council endorsed a Draft Plan of Management for King George Park. Following endorsement, the draft Plan was submitted to the Department of Planning, Industry and Environment – Crown Lands. The Plan of Management was reviewed by the Crown and was confirmed to satisfy the requirements under section 3.23 of the Crown Land Management Act 2016 on 22nd November 2022. A copy of this correspondence is attached as Attachment 1.
A full copy of the engagement phases associated with the development of the Plan of Management is attached as Attachment 2. Upon adoption of the Plan of Management for King George Park (Attachment 3) Council will be able to commence the capital works program associated with upgrades to the King George Park including safety upgrades to the car park, the provision of an inclusive playground facility and sporting ground upgrades, including sporting ground lighting improvements.
Proposed Expansion of the Amenities Building
In addition to its endorsement of the Plan of Management in June of 2022, Council also resolved to include in the Plan of Management revision the provision of female friendly changing rooms including showers. The Plan of Management has been updated to include these facilities and Council staff have undertaken additional stakeholder engagement with key sporting users in relation to this issue.
Following an initial inception and needs meeting with key stakeholder in early May 2022, Council staff held a master plan design and review meeting with key stakeholders on 21st November 2022. All key sporting users who utilise King George Park attended the meeting. The key community sporting users are listed as follows:
· Balmain Little Athletics
· Leichhardt Saints
· Leichhardt Juniors Rugby League Football Club.
At the master plan design and review meeting options for the provision of changing, shower and additional storage rooms associated with a future expansion of the existing Amenities Building were discussed (refer Fig1.0). Feedback from all clubs was positive and well received by all clubs present.
Fig 1.0 Diagram of Proposed Improvements to King George Park Amenities Building
Diagram Explanation: Fig 1.0 highlights the provision of three new storerooms and four new gender-neutral public toilets which will service the park generally. The existing internal arrangements of the Amenities building will be reconfigured to provide home and away changing and shower facilities. A total of 17 persons will be able to be seated in the away changing rooms and 19 in the home. In addition, two additional toilet facilities will also be provided in the former small storage rooms which open on to the parkland. Council storage for line marking and other park maintenance requirements will be provided at the rear of the building. Two of the six shipping containers currently in the park will be removed.
A detailed estimate has been prepared by the design consultant and is in the order of $1.5 million. A quantity surveyors report is being commissioned to review this.
Fig 1.1 -item 20 illustrates the area of the current amenities building which is earmarked for future expansion (subject to Council approval).
Fig 1.1 Master Plan Diagram highlighting the proposed expansion area of the King George Park Amenities Building (item 20).
FINANCIAL IMPLICATIONS
The upgrade to the King George Park Amenities Building will form part of the 2023-24 financial year budget considerations
|
1.⇩ |
Crown Lands Consent Letter King George Park Plan of Management |
|
2.⇩ |
King George Park Community Engagement Outcomes Report. |
|
3.⇩ |
King George Park - Plan of Management and Masterplan Revision F |
|
Council Meeting 6 December 2022 |
Subject: Defibrillators in Council Sporting Grounds
Prepared By: Aaron Callaghan - Parks and Recreation Planning Manager
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That:
1. Council’s Sporting Ground Allocations Policy is updated as part of a formal review in 2023 to include a clause that all Sporting clubs and organisations (community and commercial) accessing Council sporting grounds must have operational Defibrillators (AEDs) in place by the winter sporting season in 2024;
2. Council promote the NSW Government Office of Sport 2023 Defibrillator grant program to both encourage and assist Inner West community clubs to apply for the grant;
3. Council note a program will commence to provide Defibrillators to the remaining Council operational buildings without defibrillators, the cost of this will form part of the consideration of the 2023-24 financial year budget; and
4. Council endorse participation in the NSW AED register being rolled out via Service NSW.
|
DISCUSSION
At its Council meeting on 9 August 2022, Council resolved:
That Council receive a report on public access to Automated External Defibrillators (AEDs) across the Inner West Local Government Area no later than the December Council 2022 meeting including
1. An audit of access, use, storage, and maintenance of AEDs at Council facilities, venues and sportsgrounds;
2. A register and map of publicly accessible AEDs across the Inner West Local Government Area, including at council facilities, venues and sportsgrounds as well as identifying optimal locations for placement of additional AEDs in the community;
3. Opportunities to expand public access to AEDs, including at Council owned venues and areas of intensive sports participation with recommendations and costings to do so; and
4. Opportunities to expand training of how to use AEDs at Council-owned venues.
This report outlines current provision within Council owned facilities and highlights the financial issues associated with the provision and management of defibrillators.
Importantly the report highlights an opportunity for Council to proactively encourage wider distribution, provision and location searching opportunities for defibrillators to be provided at community sporting grounds.
Provision of Defibrillators in Council Facilities
A defibrillator is a device that gives a high energy electric shock to the heart of someone who is in cardiac arrest. This high energy shock is called defibrillation, and it's an essential part in trying to save the life of someone who’s in cardiac arrest. A defibrillator may also be called a defib, an AED (Automated External Defibrillator) or a PAD (Public Access Defibrillator). AEDs can be life-saving device in cases of sudden cardiac arrest. Used in conjunction with CPR, the portable devices deliver a controlled electric shot to restart a person’s heart rhythm.
The use of an AED by a bystander one of the key opportunities for increasing survival from an out-of-hospital cardiac arrest, but the device must be retrievable within minutes of an arrest – or about 100 metres from the scene, according the to the Heart Foundation. AED’s have visual displays to instruct the user on their use including simple diagnostic tolls to ascertain if use of the device is required.
Council has AEDs installed in a number of Council community facilities. Facilities where AEDs are currently provided are summarised in Table 1.0 below:
Table 1.0 Assessment of Defibrillator (AED) Provision within IWC Community Facilities
|
Facility Name |
# AED on site |
|
Annette Kellerman Aquatic Centre |
2 |
|
Ashfield Aquatic Centre |
4 |
|
Ashfield Library |
1 |
|
Ashfield Service Centre (inc. Library) |
1 |
|
Balmain Library |
1 |
|
Dawn Fraser Baths |
1 |
|
Emanuel Tsardoulias Community Library |
1 |
|
Fanny Durack Aquatic Centre |
1 |
|
Haberfield Centre and Library |
1 |
|
Leichhardt Aquatic Centre |
2 |
|
Leichhardt Library |
1 |
|
Leichhardt Service Centre |
1 |
|
Marrickville Library |
1 |
|
Marrickville PCYC |
1 |
|
Petersham Service Centre |
1 |
|
Robyn Webster Centre |
1 |
|
St Peters Depot |
1 |
|
St Peters Library |
1 |
|
Stanmore Library |
1 |
There are an additional thirteen Council operational sites without AED on site, these are largely childcare centres, and a program will commence in 2023 to address this.
Council Managed Sporting Grounds
Council has a total of 27 sporting grounds within the Inner West Council Local Government area. Only Mackey Park has an outdoor mounted AED. The cost of annual maintenance of this unit is met by the respective sporting clubs.
A significant number of sporting clubs have mobile portable defibrillator devices which are either based in changing rooms or are carried to training or game days by the respective sporting team. Sporting teams are mobile in the sense that they do not always play at a home ground, hence a portable defibrillator is often the preferred option for supporting club sports.
Portable Defibrillators range in cost between $1500-$1900 per unit.
Sporting Clubs with Defibrillators
At least 15 seasonal hirers in the Inner West LGA already have wall mounted or portable Defibrillators.
A seasonal hirers survey conducted in May 2021 provides an indication of the hirers with AEDs and those without. Please note less than 50% of seasonal hirers responded. A full audit is required to confirm both ownership of AED and if servicing is up to date.
Table 1.2 below is a summary of the 2021 survey data.
Table 1.2 Current Voluntary Provision of Defibrillators-Community Sporting Clubs
|
Organisation |
Grounds |
Defibrillator |
Type |
|
Balmain Tigers AFC |
Travels with team |
1 |
Portable |
|
CCNSW |
Camperdown |
1 |
Portable |
|
Leichhardt Wanderers CC |
Blackmore |
1 |
Mounted |
|
APIA Leichhardt Tigers FC |
Algie Park & Lambert Park |
2 |
Portable |
|
Balmain & District FC |
Waterfront Drive, Glover St & Birchgrove |
3 |
Portable |
|
Burwood FC |
Centenary |
1 |
Portable |
|
Inner West Hawks FC |
Arlington Oval |
1 |
Portable |
|
Leichhardt Saints FC |
King George Park, SSC Leichhardt, Balmain Rd |
3 |
Portable |
|
Marrickville FC |
Mackey Park |
1 |
Mounted outdoor |
|
Leichhardt Wanderers RLFC and Cricket Club |
Blackmore |
1 |
Mounted indoor |
|
Balmain Rugby |
Leichhardt #2 |
1 |
Portable |
|
Petersham Rugby |
Camperdown |
2 |
Mounted indoor & portable |
|
AFL ACT/NSW |
Henson Park |
1 |
Portable |
|
Newtown Jets RLFC |
Henson Park |
1 |
Portable |
As of May 2021, seasonal hirers without a Defibrillator:
· Leichhardt Cygnets AFL
· Leichhardt Juniors RLFC
· Marrickville Kings RLFC
· Summer Hill Lakers Netball Club
· Sydney Winter Baseball League
· Sydney Women's Baseball League
*There are another 23 seasonal hirers yet to confirm their AED status.
Increasing AED within IWC Clubs
Up to 30 community
seasonal hirers of Council’s sporting grounds may not have access to
portable defibrillators. In addition, community-based sailing, tennis, croquet,
bowling and rowing clubs have not been audited.
As part of the process is to encourage the uptake of portable defibrillators Council can provide information and assistance to clubs toward securing a grant from the NSW Government program in 2023 to facilitate the uptake of AED by local community sporting clubs.
Council will receive a report in early 2023 on Council officers’ recommendations relating to a formal review of Council’s Sporting Ground Allocations Policy. As part of this review, it is recommended that this policy is updated to include a clause that all Sporting clubs and organisations (community and commercial) accessing Council sporting grounds must have operational Defibrillators (AEDs) in place by the winter sporting season of 2024.
It is noted that the NSW Government ran a similar grant program in 2021 known as the Local Sports Defibrillator program. Council has been advised that this grant program is expected be readvertised in 2023. Prior to launching the 2023 Grant program the NSW Government is currently seeking expressions of interest from Community based sporting clubs: Grants Defib notification registration page (nsw.gov.au)
AED map tool
As mentioned the ability to swiftly locate AED devices is also a critical in an emergency. Until now there have been various local or volunteer registers. The more registers means the more places to search and decreased likelihood of locating the nearest device quickly. The NSW Department of Customer Service is working with a range of institutions in order to develop an online register. These institutions include;
· Heart of the Nation Australia
· Surf Life Saving NSW
· Heartbeat of Football
· St John Ambulance NSW
· Australian Red Cross
· Telco Authorities
· Westpac
· Michael Hughes Foundation,
· Aged Care Industry
· Information Technology Council,
· Community Defib project
· Australasian College of Paramedicine
Rather than a local register, working with Customer Service NSW on a single register is recommended. The NSW register will be app based, downloadable on a mobile phone and thus broadly accessible. Development of the register by Service NSW is already underway.
FINANCIAL IMPLICATIONS
The budget implications of providing AED to all Council operational buildings will form part of the consideration of the 2023-24 financial year budget.
|
|
Council Meeting 6 December 2022 |
Subject: Tree Management Development Control Plan 2022 (Tree DCP 2022)
Prepared By: Lisa Murphy - Urban Forest Manager
Authorised By: Ryann Midei - Director Infrastructure
|
RECOMMENDATION
That Council: 1. Adopt the Development Control Plan (TREE DCP 2022) to commence on 1 January 2023; and 2. Exhibit a new tree application fee structure based on the cost of works ($154 for works proposed less than $5,000 and $243.20 for works proposed greater than $5,000) and report back to Council for adoption.
|
BACKGROUND
Feedback from the community over the past 24 months has identified a range of issues in regard to the workability of the DCP application processes. These comments were regarding the complexity around categories for application types at lodgment, high application costs and property damage claims.
Council received an increase in applications after the adoption of the DCP 2020 of 148%. This
slowed the turnaround time on applications to a minimum of 12 weeks as additional staffing was not available.
This version of the policy aims to address:
· Standardisation of key definitions with other legislation and neighbouring Councils to
limit confusion for industry practitioners,
· provide distance exemptions to limit risk and claims to dwelling houses,
· provide further exemptions to allow property owners to manage minor vegetation works
on their property without Council consent (where other legislation does not prohibit),
· provide simplification of the application system for users (reduce application types and simplify criteria,
· lower permit fees by introducing a consistent fee structure to match the existing development application fee structure,
· speed up application processing times as there will be less applications regarding the above exemptions and less insurance claims for property damage,
· free up staff time to allow compliance investigations for conditions of consent for replanting to meet Council’s current and future canopy targets,
· have trees sustainably growing in optimum locations, providing maximum canopy cover on properties to meet Council canopy targets, mitigating the effects of global heating and creating more liveable, cool spaces around dwellings.
At its Council meeting on 10 May 2022, Council resolved:
1. Place
the attached draft Tree Management component of the Development Control
Plan (TREE DCP 2022) on public exhibition and;
2. That the
draft Tree DCP 2022 be reported back to Council with the community
feedback results.
Minor amendments regarding the definition of a ‘dwelling’ were discussed during the meeting and changes were requested to be made to include multi-unit dwellings. These were added and standardised to match the Environmental Planning and Assessment Act 1979 prior to exhibition. The draft document was placed on exhibition for the period 3 June - 7 July 2022 via Your Say Inner West (YSIW) engagement platform.
The engagement was promoted by Inner West Council using a number of means, including:
· Social media
· Media release
· Your Say Inner West monthly e-news
· Council website
Engagement outcomes
Outcomes of community engagement received through the online survey and written feedback forms have been collated. Respondents were asked to answer one mandatory question ‘Do you support the draft Tree Management Development Control Plan (Tree DCP 2022)?’. Council received 200 responses.
With the initial question, the majority of respondents did not support the draft Tree DCP 2022. Following this question, Council asked for clarifying statements so we could understand the in-depth nuances of responses. Council undertook an analysis of the ‘No’ and ‘Not sure/neutral’ responses, reviewing the 151 accompanying submission statements. Most submissions covered a range of issues.
From these, 263 individual issues were identified and grouped into themes as follows:
Of note was the number of ‘No’ respondents that did not supply a clarifying statement and the reoccurring theme of respondents directly quoting the same issues.
Councils’ responses to themes
Issues raised throughout the community issues submission and reflected in the wider themes outlined by respondents are addressed below.
No comment
· 30% of ‘No, Not sure/neutral’ responses did not provide further clarification.
Stronger provisions
· 30% of ‘No, Not sure/neutral’ respondents wanted stronger provisions. Proposed Tree DCP 2022 has proposed stricter controls on plant dimensions, including more trees and allowing Council to include them in its canopy mapping (as they are currently excluded). This will help Council monitor more accurately canopy planting and changes over time.
· IWC DCP 2020 is currently giving a guaranteed approval by distance. This is perceived as a 2m exemption distance with conditions applied. Tree DCP 2022 is proposing strong and in-line provisions with neighbouring Councils. A comparison with neighbouring local government areas is below.
Other than the condition free exemption by distance of 1m, which Council includes to reduce Council’s exposure liability for property damage claims, Tree DCP 2022 has the strongest definition provisions.
· Proposed DCP 2022 has a stricter exempt list than DCP 2020 as it only includes species contained within the NSW Biosecurity Act.
Stronger compliance of replanting conditions
· A point of concern with Tree DCP 2020 is that there is little compliance with replanting requirements from approvals. There are provisions within the Environmental Planning and Assessment Act (EPAA 1979) that can compel approval holders to seek a compliance certificate for replanting from the private market. This follows existing compliance processes for other Council approvals and provide standardisation across Council processes. Council should adopt a compliance certificate system to regulate tree planting as part of approval conditions. This will ensure conditions are adhered to through education and compliance, as well as meeting canopy targets met into the future.
Legally required change, exemption distance and reduced liability
· Determinations provided under Tree DCP 2020 was deemed non-binding with the minor works permit and the ‘guaranteed approval’ if the tree is located within 2m if a replacement tree is replanted. Having this mandatory application with a guaranteed approval does not increase management over tree loss in the IWC area as there is no compliance capacity under Tree DCP 2020.
Legally, Council cannot apply a distance exemption across property boundaries due to complications with ownership and trespass under common law. Council has deleted the minor works permit as part of this policy to not only ensure legality but to allow a homeowners have discretionary powers to protect dwelling foundations.
There is no requirement to replant trees that qualify as exempt by distance in Tree DCP 2022. The removal of this provision would be inhibitive to homeowners if Council removed the exemption distance all together and will expose Council to greater liability for property damage claims.
Customer personal experience and improvements for a customer focused, legally compliant application process
· Proposed DCP 2022 has a simplified list of application types. Tree applications and development applications.
o Development applications are required for heritage items and heritage conservation areas as per the SEPP. Council has received legal advice regarding this issue. This requirement cannot be deleted for the DCP to be compliant.
o Tree applications will be the primary application type unless you live in a heritage conservation area or own a heritage item. It allows Council to undertake its assessment requirements under the federal Biodiversity and Conservation Act and NSW Biodiversity SEPP for habitat assessment. Council has received legal advice regarding applications and determinations. Biodiversity assessments must be undertaken through the form of an application or development application for the DCP to be compliant.
· Council has analysed the specific personal experience themed responses relating to the process and experience of application lodgement to determination. Council will address this through tree process improvement initiatives and the tree website overhaul that will include simplified messaging and ease of lodgement with the adoption of Tree DCP 2022. This is incredible detailed and complex improvement to customer service will take a significant amount of time to test and implement. Council fees and charges will need to be brought into line following the proposed application fee structure change.
Outside of scope
· Comments outside of the scope and intention of this policy include the Tree DCP’s link to urban forest policy and climate change, heritage and planning control conflicts and Aerial Bundled Cables (ABC). These topics are listed for discussion and inclusion in future urban forest policy, strategy, and operational plan harmonisation projects due for completion in 2023/24.
Timing
Tree DCP 2022 is proposed to come into effect 1 January 2023.
This will allow time for Council staff to update/upgrade the website to help customers get the correct information that pertains to their individual circumstance.
Fees and Charges
At the moment 40% of trees are assessed for free under a minor works application. The remainder of trees are assessed under an application fee for 1-3 trees at a cost of $243.20 with an additional fee per tree after of $48.80.
The new Tree DCP will have all applications assessed through the application fee process. The current fee of $243.20 is higher than a number of neighbouring Council’s and it is recommended that the new cost is based on the costs of works proposed via the application and align with other Council development applications. In this regard, a new tree application fee structure based on the cost of works ($154 for works proposed less than $5000 and $243.20 for works proposed greater than $5000) is proposed which would need to be exhibited on endorsement of the new DCP.
Whilst the DCP can be commenced from 1 January 2023 using the old fee, it is recommended that Council exhibit a new fee for 28 days and bring a report back to the February Ordinary Meeting when the new fee will be applicable.
Council meeting 8 November 2022
The above information was reported to the Council meeting on 8 November 2022 in which it was resolved to:
‘defer the report to the December meeting to receive a summary table of the criteria for applications in the draft DCP in comparison to the existing DCP.’
In this regard, attached is a summary of the criteria for applications in the draft tree DCP 2022 and the existing tree DCP 2020 with some explanation/commentary of the changes. The main changes are due to legal precedence cases, newly adopted risk assessment methodologies across the arboricultural industry internationally that are adopted by the Australian insurance industry and to help Council lead and encourage the retention of trees on private property to achieve its adopted canopy targets for each land use zone. The attachment also includes some information on the assessment and a form which shows its application.
Conclusion
Whilst Council acknowledges that a portion of the community that initially responded ‘No’ in not supporting this policy. Through the review and analysis during the consultation process, Council is confident that the community concerns have been addressed.
Respondents through the remaining themes analysis are in favour of a policy that protects more trees, provides increased canopy and biodiversity outcomes and provides accountability to the community through compliance activities. Tree DCP 2022 demonstrates that it can provide all those outcomes as well as provide a less complex application process. Tree DCP 2022 has been updated to reflect the changes in the current State Environmental Planning Policy (SEPP) Biodiversity and Conservation 2021 and all previous legal issues have been resolved in full.
The criteria for assessment, whilst it looked initially to have drastically changed, new risk assessment methodologies have superseded the need to individually list and stipulate each criterion.
As such it is recommended that draft Tree Development Control Plan 2022 be adopted.
FINANCIAL IMPLICATIONS
Nil
|
1.⇩ |
Draft Tree DCP 2022 |
|
2.⇩ |
TDCP 2020 and TCP 2022 Criteria incl Tree Risk Assessment Methodology notes |
|
Council Meeting 6 December 2022 |
Subject: Access to Council Town Halls and Venues for not-for-profit organisations
Prepared By: Caroline McLeod - Senior Manager Libraries
Authorised By: Michael Daly - Acting Director Community
|
RECOMMENDATION
That Council:
1. Endorse the proposed changes to the Grants and Fee Scale Policy and place on public exhibition for a period of 28 days; and
2. Consider the results of the public exhibition process when adopting the final Grants and Fee Scale Policy.
|
DISCUSSION
At its Ordinary Council meeting on 25 October 2022 Council resolved:
That a report be tabled for the December Ordinary meeting:
1. Detailing amendments to the fee schedule to allow for an automatic full fee waiver for all local not-for-profit organisations when booking Council facilities for meetings and events that are not primarily for fundraising. If adopted the amended fees are to be placed on public exhibition immediately; and
2. Identifying changes to allow the booking of facilities to be made simpler and easier for the community.
Current Grant and Fee Scale Policy
On 3 March 2020, Council adopted the amended Grant and Fee Scale Policy (C0320(1) Item 4). The policy is underpinned by the need for Council’s community venues to be affordable and accessible for not-for-profit (NFP) groups and the community. The nature of the group applying for venue use and the nature, value, and accessibility of the activity for local residents are key factors in determining appropriate fee categories.
There are currently three subsidy categories:
1. 100% subsidy for Incorporated or Unincorporated NFP organisations that provide a key role in the community ie Alcoholics Anonymous, seniors and social support groups, play groups, local branch meetings of political parties. Included in this group are Parents and Friends groups that are fundraising.
2. 50% subsidy for Incorporated NFP organisations or Unincorporated local NFP groups, sole traders with public liability insurance and religious institutions. This includes groups that are charging for participation ie $2 membership or charging an entry fee. Examples of groups that fall within this category are ballroom dance groups who charge an entry fee or karate classes that charge for participation.
3. 0% subsidy for commercial hirers, regular / organised sporting activities / events, schools, TAFEs, State or Federal government agencies. This includes activities that are designed for the benefit of the business or for-profit sector, activities that involve a private individual or is not open to the public, community activities that are designed to cater for residents of other local government areas and sporting groups / clubs. Examples of this category include birthday celebrations, weddings, market days and conferences.
Council currently provides a full fee waiver for all local and non-local not for profit organisations if the venue is not being used primarily for fundraising. Based on the definition of fundraising being “the act of collecting or producing money for a particular purpose, especially for a charity”. If a not for profit organisation is charging a membership or admission fee (ie fundraising) all groups, local and non-local are provided with a 50% subsidy.
To widen the support Council is providing to local non for profit organisations, the following amendments (as per the tracked changes / highlighted in the Policy) could be considered:
Scaled fee: 100%
· Reaffirm that all incorporated local and non-local organisations are provided with the 100% subsidy, where not primarily for fundraising.
Scaled fee: 50%
· Change the amount from $2 or more for participation to $5 or more
· Remove the clause “or for membership”
Fee and Scale Policy comparison with other Councils
Inner West Council’s tiered fee scale policy is similar with other metropolitan Councils, with Inner West appearing to be one of the only Council’s offering a 100% subsidy to NFPs. The City of Sydney and Georges River Councils offer a discounted rate to community/NFPs with further discounts being available via a Venue Hire Accommodation Grant.
Making the hiring of venues easier and simpler for the community
Officers have identified and recognise there are other opportunities to improve the customer experience in relation to hiring a venue and a plan to improve the customer experience is currently being developed and costed.
To date, many of the improvements have focused on the information relating to each venue including the development of hirer guides that include floor plans and how to guides for the A/V and technology. Other improvements have been identified include reviewing the terms and conditions, improving the process for collecting and returning of keys, improving the process for inspecting a venue, streamlining the bond refund process, implementing an evaluation process and developing procedures to ensure the venues are clean and presentable.
In 2020, Council moved to a new booking system, Optimo, for the hiring of venues. This system is used for the one-off booking of Council’s parks, ovals and waste pick-ups as well as venues. The system is used by other Councils, venues and organisations and is an off the shelf package. Due to the off the shelf nature, there is a limit to the number of changes that can be made to the system for one-off bookings.
While Optimo is unable to currently manage the application process for regular hirers, the ability for customers to self-book a regular booking is a component of the platform that is undergoing further development and refinement. As part of the next phase of development, the incorporation of a CRM function will allow information to be stored, making it easier for applicants who will only have to provide certain information once when first applying.
Up until recently, the regular application process involved an applicant completing a word / pdf form. Recently, for the 2023 applications, the process moved on-line, using the SmartyGrants system (this is used for Council grants and other application processes). While this has streamlined the process, Officers have received constructive suggestions about making this process easier and this will be considered and implemented for the future. Recommended improvements include an application for first time regular hirers and a separate system for repeat hirers, allowing them to continue their booking year on year if there are no changes and keeping details such as registration of NFP status on file so that applicants do not have to provide the same information year on year and allowing applicants to apply for multiple venues simultaneously.
The improvements and update to the booking system and general customer experience have not been fully costed. Councillors will be notified of these improvements and timing via a Councillor Briefing Note.
FINANCIAL IMPLICATIONS
Changes made in the policy will result in the loss of potential revenue in the order of $25,000 - $30,000 based on previous bookings.
|
1.⇩ |
Updated Grants Fee Scale Policy 2022 |
|
Council Meeting 6 December 2022 |
Subject: Updated Community Engagement Framework
Prepared By: Prue Foreman - Corporate Strategy and Engagement Manager
Authorised By: Michael Daly - Acting Director Community
|
RECOMMENDATION
That Council adopts the amendments to the Community Engagement Strategy 2022-24 section of the Community Engagement Framework as outlined in the report.
|
DISCUSSION
All NSW Councils must have a Community Engagement Strategy (CES). The CES is part of required under the NSW Local Government Act as part of Integrated Planning and Reporting.
Section 402A of the Act states that:
A council must establish and implement a strategy for engagement with the local community (called its Community Engagement Strategy) when developing its plans, policies and programs, and for the purpose of determining its activities (other than routine administrative matters).
Council’s CES is contained in the adopted Community Engagement Framework. The Community Engagement Framework also contains additional requirements under the Environmental Planning and Assessment Act, for a Community Participation Plan which outlines how Council will notify and seek community input on land-use planning matters. This report covers amendments to the CES section only.
Relevant Council resolutions
At its meeting on 8 March 2022, Council resolved:
That Council:
1. Commits to community consultation and will develop consultation plans that include a range of mediums to improve accessibility and to encourage engagement and participation across our broad and diverse community; and
2. Develops a consultation plan for projects of significant community interest, inclusive of public community forums attended by the Executive team, to provide whole of council approach to the project, discuss local issues, encourage open community dialogue and identify preferred solutions.
At its meeting on 10 May 2022, Council resolved in part the following:
That
Council:
2. Notes the Inner West community has a strong desire for greater participation in Council’s decision making. Council recognises that local knowledge, ideas and feedback from the community are essential to ensure Council’s decision-making improves community wellbeing and long-term sustainability;
9. Establish an additional Inner West Local Community Panel to operate as a community sounding board. Engagement is fit for purpose and by invitation to a random selection of registered participants to deliberate and provide input through various consultation methods:
a) Invite all residents and local businesses to opt-in to register for the Local Community Panel;
b) Advertise the Local Community Panel through regular Inner West communication channels providing information in community languages; and
c) Consult with New Democracy Foundation on Local Community Panel design and function.
At its meeting on 9 August 2022, Council resolved:
That
Council:
1. Is committed to community engagement giving the community an opportunity to participate in and influence Council’s decision-making;
2. In revising our draft community engagement policy and framework, will incorporate deliberative engagement practices to undertake quality community engagement based on a set of key democratic principles aimed at placing our community closer to our decision-making; and
3. Notes the principles of deliberative democracy can be applied to a range of contexts and formats and can include People’s Panels, Citizens’ Juries, participatory budgeting, deliberative panels and forums and Citizens’ Assemblies.
Review
The Community Engagement Strategy has been reviewed in line with new legislative requirements, and Council resolutions. The proposed update aims to improve content so that it is more community focused with updated data and initiatives.
|
Section |
Page number in original document |
Summary of changes |
|
Cover |
|
The whole document will be graphically designed with Council’s branding and new images |
|
Inside cover pages |
NEW |
Included Acknowledgement of Country, vision, new purpose and values, alternative formats |
|
Introduction |
4-5 |
Revised, simplified content outlining Council’s commitment to engagement and guiding legislation |
|
Integrated Planning and Reporting |
NEW |
Added diagram explaining how the Community Engagement Strategy fits into the IP&R framework |
|
Principles of Engagement |
10 |
Moved forward in document and simplified the explanation of each principle. Added reference to social justice principles in line with new legislative requirements |
|
Local Democracy |
6-7 |
Revised, simplified content and clarification that community engagement informs both Council decisions and operational activities |
|
Who we engage - Inner West community profile |
9 |
Updated community profile with new census data |
|
Stakeholders |
12-13 |
Removed External and Internal stakeholders content as these sections were aimed at staff rather than community. Moved Advisory committees and working groups section to ‘How we engage’ and updated. |
|
How we engage |
11 and 14-17 |
Removed the Engagement Process diagram and other process information as this was aimed at staff rather than the community, and added new simplified content including stakeholder and method matrix explaining how we engage various stakeholders in line with new legislative requirements |
|
Case studies |
NEW |
Added five case studies to demonstrate engagement in practice at Inner West · Identifying a Vietnamese precinct · Developing the Cycling Strategy · Engaging with children and adults on a new play space · Leichhardt Park Plan of Management · Council supported citizen to citizen engagement – Uluru Statement From The Heart |
|
Evaluation |
16 |
Expanded evaluation section and included indicators and measures |
|
Priorities 2022-24 |
NEW |
Added five priorities for next two years |
Proposed changes are provided in the attached draft word document. Once adopted by Council, the amendments will be graphically designed and the document placed on Council’s website as required by the NSW Local Government Act.
The original Community Engagement Framework adopted in 2019 is also attached.
Review timetable
In line with legislative changes, the next Community Engagement Strategy review will take place within three months of the local government elections in September 2024, as part of the broader review of the Community Strategic Plan.
FINANCIAL IMPLICATIONS
Nil
|
1.⇩ |
Draft Community Engagement Strategy amendments |
|
2.⇩ |
Original Community Engagement Framework adopted 2019 |
|
Council Meeting 6 December 2022 |
Subject: Customer Service update
Prepared By: Melanie Gurney - Senior Manager Business Excellence and Customer Experience
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council:
1. Determine whether to increase the provision of customer service stalls to once per fortnight through 2023; and
2. Approve the process outlined for community consultation on the service charter.
|
At the 25 October 2022 Council Meeting, Council was provided a Customer Service Update and it was subsequently resolved:
That Council:
Receive a report back in December on:
a) the process for developing the Customer Service
Charter, which includes community consultation on the elements to be included
in the draft Charter, and allocation of a budget for that community
consultation which should be proactive, robust and meaningful, and occur in
addition to the normal public exhibition process;
b) The provision of increased Customer Services Stalls
to once per fortnight
This report outlines the considerations associated with increasing the frequency of customer service stalls from one per month to once per fortnight, and the process for incorporating community consultation into the development of the Customer Service Charter.
DISCUSSION
Provision of fortnightly Customer Service Stalls
Reflecting on the five monthly stalls held to date, the community and staff response has been overwhelmingly positive. The value of these stalls has been evident in the number of enquiries dealt with on the day and the consistently high satisfaction ratings (>95%) achieved post-interaction.
In considering the provision of fortnightly stalls two key factors were considered, namely staffing resources and cost for the event.
Staff resourcing
To ensure the stalls continue to provide a positive experience for the community, it is recommended each stall be staffed by a minimum of three Customer Service Officers (CSO) including one Senior Customer Service Officer (Senior CSO). This recommendation is based on the experience of the five monthly stalls held to date to ensure the community continues to receive friendly, timely and effective service, given the wide range of enquiries received at the stalls.
It is considered that a pool of at least 14 fully trained CSOs is required to allow for effective rostering of the stalls, with contingency cover for any unplanned last-minute withdrawals.
With a pool of 14 CSOs and a recommended three CSOs required to be rostered at each stall, it is anticipated each CSO would be rostered to work one Saturday every two months. An Expression of Interest process is being undertaken amongst Customer Service staff to manage this resourcing.
Cost for provision of stalls
Below is a summary of the resourcing costs associated with holding each stall:
· Staff costs per stall of approximately $777 based on three CSO including one Senior CSO (overtime rates as outside of core hours).
· Set up costs per stall of approximately $912 covering for set up and pack down and transport of equipment for each stall location.
· Promotion and marketing costs per stall of approximately $2,409 which includes a local letterbox drop in the surrounding areas for each stall.
This equates to a total cost of approximately $4,098 per stall.
Process for service charter community consultation
A service charter in essence is the service promise and commitment Council staff make to the community it serves. Aligned with an organisation’s values service charters usually include:
· How customers will be treated in every service interaction
· The standards of service customers can expect
· The service channels
· Who is responsible for service delivery
· A focus on continuous improvement
· The process for receiving feedback – Compliments, Complaints and Suggestions for improvement.
Staff input on the development of the service charter is currently underway. On 3 November 2022, feedback was gathered from 224 leaders across Council about how we want our customers to feel and not feel. The background to this approach is to outline, in line with our values, the attitudes and behaviours of staff to deliver a great customer experience.
Workshops are also planned to involve a further 80 staff in a more in-depth process for how we want our customers to feel and what we can do to make it happen.
In terms of also engaging the community in the development of our service charter, the process for community consultation considered to deliver a robust process and best value would be to:
1. Recruit a cross-representative group of community members through an external community consultation agency utilised by Council’s Community Engagement Team. The representatives would be a mix of gender, age and geographic spread across the Local Government Area.
2. Conduct three community workshops, comprising two-hour customer experience culture sessions to ascertain:
· How the community wants to be treated and made to feel?
· What of our service behaviours and actions can be improved?
· What elements the community as a customer want to see in a service charter?
3. Combine and distill the information from the community workshops with the staff workshops to deliver a draft service charter.
4. Review the draft service charter with the Customer Service Review Sub-Committee (CSRSC).
5. Present the draft Customer Service Charter document to Council to consider placing it on public exhibition to allow further community feedback.
6. Review the community feedback and incorporate it into the draft service charter as relevant, again liaising with the CSRSC on the final draft document.
7. Present the updated draft Customer Service Charter document to Council to consider adoption of the charter, and
8. Launch, socialise and promote the service charter to the community and across Council through all communication channels.
Working through the above-stated process, including community consultation in the development of the service charter, it is estimated the charter could be delivered in the fourth quarter of the current financial year.
FINANCIAL IMPLICATIONS
To increase the provision of customer service stalls to once per fortnight, the total cost anticipated is approximately $106,548 over 12 months for 26 stalls.
The Four-Year Operational Plan from 2022-23 has an annual budget for community stalls of $50,000. The cost difference is approximately $56,548 per year.
It is anticipated that this increase in budget can be funded from existing operational budgets through the December 2022 Quarterly Review process for the current financial year, and for future financial years updated through the FY 2023-24 budget development process.
With regard to the process outlined for community consultation for the Customer Service Charter, an additional funding allocation is required outside of the existing operational budget, for the estimated cost of $16,904. It is anticipated that this increase in budget can be funded from existing operational budgets through the December 2022 Quarterly Review process.
|
# |
Activity |
Cost |
|
1 |
Recruitment of community representatives |
$6,776 incl of GST |
|
2 |
Participant incentives - $80 voucher |
$4,928 incl of GST |
|
3 |
Community consultation |
$3,000 incl of GST |
|
4 |
Exhibition - media boost |
$200 |
|
5 |
Exhibition – document translation |
$2,000 |
|
|
Total |
$16,904 |
|
|
Council Meeting 6 December 2022 |
Subject: Post Exhibition - Model Code of Conduct
Prepared By: Beau-Jane De Costa - Senior Manager Governance and Risk
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council adopts the attached draft Model Code of Conduct.
|
Background
A council must, within 12 months after each ordinary election, review its adopted Model Code of Conduct and make such adjustments as it considers appropriate, in accordance with the Local Government Act 1993.
The review was also undertaken in accordance with Section 440(4) ‘A council’s adopted code has no effect to the extent that it is inconsistent with the model code as in force for the time being; and that Council can only add provisions into the Model Code of Conduct if they are more onerous than those prescribed in the Model Code of Conduct.
Consultation on the draft Code closed on 24 November 2022 and this report provides an overview of the comments received through Council’s website via email, feedback form or through the contact details on the website.
Discussion
There were two proposed changes to the Model Code of Conduct, the first changed the value or cumulative value of token gifts and benefits from $50 to $100 to align with the OLG Model Code of Conduct. The second change was minor reformatting to section 5.24 to provide better clarity for readers through improved sentence structure.
Submissions received
Four submissions were received in total during the public exhibition, 2 being in support and 2 being against.
Two submissions supported the amendments and the need for a Code of Conduct.
Two submissions did not support the amendments regarding the increase in value to align with the OLG Model Code of Conduct with the reasoning being that corruption is present if there is any benefit greater than zero and the second submission also believed that consideration to zero was a preferred amendment with a concern regarding buying influence over decisions and corrupt decision making.
The proposed Code of Conduct amendments align Councils Code with the best practice model provided by the Office of Local Government and also provides very clear limitations and required disclosures regarding any gifts, benefits and hospitality and as such no changes are recommended.
FINANCIAL IMPLICATIONS
There are no financial implications regarding the adoption of the amended Code of Conduct.
|
1.⇩ |
Amended - IWC Code of Conduct 2022 |
|
Council Meeting 6 December 2022 |
Subject: IWC sporting ground condition report and draft program
Prepared By: Tim Brown - Coordinator Parks Project Delivery
Authorised By: Ryann Midei - Director Infrastructure
|
RECOMMENDATION
That Council note the sporting ground condition report and associated draft sporting ground upgrade program.
|
DISCUSSION
Inner West Council has a total of 36 natural turf sports fields located across 26 sporting grounds. Two of councils sporting grounds being Leichhardt Oval and Henson Park host elite sporting events.
Council has completed major upgrades to 16 of the 36 natural turf sports fields over the past 14 years. The major upgrade works consisted of laser graded earthworks, new couch grass turf, new sub-surface drainage and upgraded irrigation system, some of these fields also received sportsfield lighting upgrades. This leaves 20 natural turf sports fields remaining that require a major upgrade.
Council resolved at the 2 November 2021 Council Meeting C1121(3) Item 8 that Council;
Receive a report on the officers' reassessment of the prioritisation of resurfacing of major parks that require this work in the coming years.
In January 2022 council engaged specialist turf consulting firm Living Turf Pty Ltd to prepare a Sporting Grounds Condition Report for each of the 36 natural turf sports fields located across council’s 26 sporting grounds.
The sporting grounds condition report (as attached in full and also as a summary report) involves a detailed agronomic assessment of the current condition of each field which included:
1. Surface levels - Does the surface provide an optimum, suitable surface for the intended end user
2. Drainage - Does the surface provide a free draining profile? Allowing the plant adequate moisture and potentially minimising ground closures
3. Irrigation - Does the system operate effectively and efficiently, optimising water usage
4. Turf Condition/ Nutrition - Is the Nutrition or Agronomic input adequate in relation to traffic loads placed on the surface
In addition to informing Council’s sporting ground major upgrade program, the sporting grounds condition report will assist in Council’s risk management strategy by understanding the safety conditions of each sporting ground.
A draft sporting ground upgrade program (as attached) was developed with parks planning, parks operational and park assets staff based on the following criteria:
· Ongoing stakeholder feedback
· Parks Operations and Parks Planning feedback
· Sporting Grounds Condition Report recommendations
The draft sporting ground upgrade program allows for the remaining 20 natural turf sports fields to receive a major upgrade over the next 8 years. Council has already commenced major upgrades to the sports fields identified in year 1 of the program (2022/23) being King George Park, Easton Park and Leichhardt Oval. This leaves 17 natural turf sports fields proposed to receive a major upgrade between 2023 to 2029.
With respect to year 1 of the program 2022/23, the construction industry is currently experiencing high inflation driven by market influences which includes but not limited to supply chain related issues. As such, there is $250,000 budget shortfall apparent within the 2022/23 program to deliver the required scope of works. It is recommended that this shortfall is funded in the second quarter 2022/23 budget review.
With respect to year 2 (2023/24) to 8 (2029/30) of the program, it is proposed that the remaining 17 natural turf sports fields undergo major upgrade which will include laser graded earthworks, new couch grass turf, new sub-surface drainage, upgraded irrigation system. The budget considerations for these works will be considered in the normal budget planning process, outside of this report.
As noted, two of councils sporting grounds being Leichhardt Oval and Henson Park host elite sporting events. Industry best practice suggests sports fields hosting "Elite" level sports be considered for resurface or reconstruction every six to seven years. This has been taken into consideration in the proposed sporting ground upgrade program.
As returfing of the sports field forms part of the major upgrade works, major upgrades to sports fields need to occur during the summer sports season between the months of September to March. This timeline allows for 3 months turf establishment during the turf growing season.
The requirement to complete major upgrades to sports fields during the summer sports season, requires relocation of the respective sporting clubs to alternate sporting grounds during the major upgrades. Due to the limited availability of sporting grounds in the inner west, this limits the number of sporting club relocations to two sporting grounds per year, therefore limiting the number of sporting ground major upgrades that Council can complete to two sporting grounds per year. This issue of limited sporting ground availability gives no capacity to provide an accelerated major upgrade program beyond what is proposed in this report over 8 years.
Council’s intention is to align the parks amenities upgrade program with the prioritised sporting ground upgrade program to reduce the impact on park users with park closures.
FINANCIAL IMPLICATIONS
Refer to the attached prioritised sporting ground upgrade program which is summaried below per year of the program. It is noted that there is a budget shortfall for the draft program compared to the allocated budget. It is intended to consider these items within the normal budget planning process except for year 1 - 2022/23 in which it will be considered as a second quarter budget review 2022/23.
|
PROGRAM YEAR |
PROGRAM BUDGET |
ALLOCATED BUDGET |
BUDGET SHORTFALL |
|
One – 22/23 |
$2,071,000 |
$1,821,000 |
$250,000 |
|
Two – 23/24 |
$2,048,000 |
$50,000 |
$1,998,000 |
|
Three – 24/25 |
$2,220,000 |
$1,050,000 |
$1,170,000 |
|
Four – 25/26 |
$1,560,000 |
$920,000 |
$640,000 |
|
Five – 26/27 |
$1,835,000 |
$840,000 |
$995,000 |
|
Six – 27/28 |
$910,000 |
$50,000 |
$860,000 |
|
Seven – 28/29 |
$1,400,000 |
$900,000 |
$500,000 |
|
Eight – 29/30 |
$450,000 |
Nil |
$400,000 |
|
1.⇩ |
IWC Sporting Ground Condition Report November 2022 |
|
2.⇩ |
IWC Sporting Ground Condition Summary Report November 2022 |
|
3.⇩ |
Draft Sporting Ground Upgrade Program |
|
|
Council Meeting 6 December 2022 |
Subject: Henson Park – Public Private Partnership
Prepared By: Matthew Pearce - General Counsel
Authorised By: Peter Gainsford - General Manager
|
RECOMMENDATION
That Council:
1. Confirms that the outcomes and deliverables of the Henson Park Grandstand Redevelopment Project as outlined in the Henson Park PPP Final Assessment are acceptable;
2. Continue to proceed with the Henson Park Grandstand Redevelopment Project as a Public Private Partnership with the AFL (NSW/ACT) Commission Limited;
3. Authorise the General Manager to:
a) certify that all documentation, as part of the Henson Park Grandstand Redevelopment Project, has been prepared in accordance with the Public Private Partnership Guidelines 2022; and
b) submit all documentation to the Office of Local Government for assessment of the Henson Park Grandstand Redevelopment Project as a Public Private Partnership.
4. Delegate to the General Manager the authority to execute a Heads of Agreement with the commercial terms.
|
DISCUSSION
Background
At its Council meeting on 13 September 2022, Council resolved:
That Council:
1. Confirm that the outcomes and deliverables of the Henson Park Grandstand Redevelopment Project as outlined in the Henson Park PPP Assessment are acceptable.
2. Proceed with the Henson Park Grandstand Redevelopment Project as a Public Private Partnership with the AFL (NSW/ACT) Commission Limited.
3. Authorise the General Manager to:
(a) certify that all documentation, as part of the Henson Park Grandstand Redevelopment Project, has been prepared in accordance with the Public Private Partnership Guidelines 2022; and
(b) submit all documentation to the Office of Local Government for assessment of the Henson Park Grandstand Redevelopment Project as a Public Private Partnership.
4. Delegate to the General Manager the authority to negotiate a Heads of Agreement with the commercial terms to be reported back to Council for approval; and
5. Commit to entering into a Licence with the Newtown Jets in respect to the future sporting use of Henson Park
On 16 September 2022, the Initial Assessment of the Public Private Partnership (PPP) along with the draft Heads of Agreement was forwarded to the Office of Local Government (the OLG) for review. The Initial Assessment of the Project involved Council undertaking the following tasks in accordance with the Guidelines:
Assessment Task 1 - completing a self-assessment questionnaire;
Assessment Task 2 - preparing various strategic documents including:
(i) a statement of the Project relationship with Council’s Integrated Planning and Reporting regimen (IPR documents);
(ii) a statement of outcomes and deliverable of the Project; and
(iii) an outline of the proposed management and governance structure for the delivery of the Project.
Assessment Task 3 - preparing various business case documents including:
(i) a justification of public private partnership as a delivery model;
(ii) an estimation of the total project costs and sources of funding;
(iii) a breakdown of the contributions made by the AFL and Council; and
(iv) an assessment of Council’s financial contribution in relation to the annual revenue available for such infrastructure projects.
Assessment Task 4 - preparing a Risk Management Plan for the Project and an Evaluation Plan for Expressions of Interest from other parties.
Assessment Task 5- preparing contract documents - Heads of Agreement.
On 23 September 2022, Council received a letter from the Australian Government, Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Commonwealth Department) (see the Department’s letter attached). The letter confirmed an election commitment for the funding towards the cost of the Project and required Council to undertake a desk top review of the funding required for the Henson Park Grandstand Redevelopment Project. The desk top review was returned to the Department confirming funding in the amount of $2.5M. To date, no response has been received from the Commonwealth Department.
On 21 October 2022, the OLG provided a response to the Initial Assessment of the PPP and Heads of Agreement (see OLG letter attached). No clarification was sought by the OLG in terms of their initial assessment. However, the OLG stated in the letter:
“OLG recommends that, as Council determines to proceed with the PPP, it ensures the governing body and the community are kept informed of key decisions, impacts and costs associated with the PPP. Council is also encouraged to ensure that any heads of agreements and leases it enters into provide the risk mitigation assurances the community expects.”
The OLG have confirmed that, in their initial assessment, the PPP is not significant and will not be referred to its Project Review Committee for review.
The Henson Park Grandstand Redevelopment Project
The Project consists of the following construction work at Henson Park:
(a) Grandstand – provide DDA lift access to upper levels and complete upgrades to meet access requirements.
(b) Player amenities in Grandstand – upgrade and reconfigure, providing for change areas, with wheelchair access and facilities suitable for female players, increase storage areas for sporting and park maintenance equipment.
(c) Multipurpose building – construct a new building providing public amenities, including a baby change facilities, accessible toilets, game day canteen, coaches boxes and media broadcast facilities.
(d) Upgrade the areas surrounding the grandstand, including paving and drainage requirements.
(e) Reconfigure back of house areas and service access to improve presentation.
The Project Funding
The AFL is to fund the majority of the Project. The total cost of the Project is estimated to be $12,174,121. The current funding of the Project by the AFL is based on the following funding sources:
(a) NSW State Government funding grant of $2.5M with the AFL contributing $2.5M as part of the terms of the grant funding;
(b) a Federal Government election commitment estimated at $2.5M to fund the redevelopment of Henson Park;
(c) The AFL contributing an additional $2.5M from its own finances; and
(d) Council contributing $500,000 (capped) to the construction of the Project based on Council’s resolution of 26 October 2021.
At present there is a funding gap. The AFL are committed to fund this shortfall through committing their own monies and further grant funding.
Heads of Agreement (HoA)
A Heads of Agreement (HoA) between Council and AFL is an agreement that outlines the core commercial terms for the Project construction and the terms of the Licence to use Henson Park. It should be noted that the Newtown Jets (Jets) are not a party to the HoA as the Jets are not contributing any funding to the Project. In any event, the Council, at the appropriate time, will enter into discussions with the Jets for the future sporting use of Henson Park.
The AFL Licence
The core commercial terms of the Licence Agreement between Council and the AFL are as follows:
(a) Term - 21 years (this is the maximum period for a Licence of Community Land under the Act);
(b) Licence - A non-exclusive annual seasonal licence to use Henson Park for the following specified number of days/hours during the term of the licence agreement:
(i) Up to 10 days for ticketed match games (limited to 5 hours per day) in the summer season for the Swan’s Women's Competition;
(ii) Up to 10 days for ticketed match games (limited to 5 hours per day) in the winter season for the Swan’s Women’s Competition; and
(iii) Non-ticketed match games and training will be booked in accordance with the with Council's adopted Sporting Grounds Allocation Policy.
(c) Licence Fee – The fee will be charged in accordance with Council’s Annual fees and charges for Henson Park:
(d) Mandatory Use - The licence to use Henson Park will be subject to the following ongoing mandatory use:
(i) use by the Newtown Jets;
(ii) a minimum amount of community use of the facilities;
(iii) the facilitation of junior sports; and
(iv) public access outside the playing surface during non-ticketed community match days that includes but is not limited to local residents and dog walkers.
The HoA has been finalised with the AFL. The HoA is a preliminary agreement between the parties where the agreed core terms are to be imported into Development and Licence Agreements for the Project’s construction and the non-exclusive sporting use of Henson Park. The HoA is ready to be executed by the General Manager (see the attached Heads of Agreement).
The Guidelines and Final Assessment by the OLG
The Guidelines outline the requirements for Local Government PPP proposals. As the Project is deemed to be a PPP due to the AFL’s further financial contribution of $2.5M separate to Council and Government funding, the Council must not enter into such an arrangement to provide public infrastructure unless it has complied with the Guidelines. The OLG have confirmed that it considers the Project to be a PPP and is satisfied with the Initial Assessment. Council therefore must now submit a PPP proposal to the OLG for final assessment before entering into any formal arrangement with the AFL.
The final assessment of the Project has been undertaken by Council. The final assessment
has involved a consideration of the financial viability of the Project, the risks of undertaking the Project and the benefit to the community. The final assessment has been documented and represents the complete package of Council’s PPP arrangement with the AFL to undertake the Project which will be sent to the OLG for final assessment (see the attached Henson Park Grandstand Redevelopment Project Final Assessment).
It should be noted that unless and until the OLG confirms that it supports and approves the Project, the PPP cannot progress.
Council’s Public Private Partnership Documentation
Council has prepared the PPP documentation in accordance with the Guidelines for the final submission to and assessment by the OLG.
The Project, as a PPP between Council and the AFL, aligns with the Council’s IPR documents including the Community Strategic Plan, Local Strategic Plan and Plan of Management and Master Plan for Henson Park. The outcomes and deliverables of the Project, as a business case, are outlined in the Henson Park Grandstand Redevelopment Project Initial Assessment.
Governance matters are supported by a Probity Plan appointing an external probity advisor for the Project, a Risk Management Plan to identify and manage threats and opportunities during the Project and an Evaluation Plan for the EOI documentation.
The Council’s PPP Documentation has been prepared in accordance with the Guidelines and is ready for submission to the OLG for its final assessment. The PPP Documentation provides justification that the Project can be delivered as a PPP with clear outcomes and deliverables.
Certification by the General Manager and Council Resolutions required by the Guidelines
The Guidelines mandate the requirement that the General Manager must certify that Council’s PPP Documentation has been prepared in accordance with the Guidelines prior to being submitted to the OLG for assessment. Further, the Guidelines require that such certification can only be authorised by Council resolution. The certification is to read:
“I, Peter Gainsford, General Manager of Inner West Council, hereby certify that the Henson Park Grandstand Redevelopment Project Final Assessment put forward by the Inner West Council to the Office of the Local Government for its assessment of the proposed Henson Park Grandstand Redevelopment PPP has been prepared in accordance with the Public Private Partnership (PPP) Guidelines (January 2022).”
In addition, the Guidelines require a resolution that Council proceed with the Project as a PPP and that Council agrees that the outcomes and deliverables of the Project are acceptable.
FINANCIAL IMPLICATIONS
Council has resolved on 26 October 2021 to contribute $500,000 towards the construction costs of the Project. There are additional costs associated with the engagement of a Project Manager ($487,000 excl. GST) and a Probity Advisor ($10,000 excl. GST) which will need to be funded in the capital works program as part of the 23/24 budget consideration.
Due to the large size of the attachment, attachment 4 has been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
|
1.⇩ |
Letter from the Commonwealth dated 23 September 2022 |
|
2.⇩ |
Letter from the Office of Local Government dated 21 October 2022 |
|
3.⇩ |
Heads of Agreement |
|
4.⇨ |
Henson Park Grandstand Redevelopment Project Final Assessment – Published separately |
|
Council Meeting 6 December 2022 |
Subject: Local Traffic Committee Meeting - 21 November 2022
Prepared By: Manod Wickramasinghe - Traffic and Transport Planning Manager
Authorised By: Ryann Midei - Director Infrastructure
|
RECOMMENDATION
That the Minutes of the Local Traffic Committee meeting held on 21 November 2022 be received and the recommendations be adopted. |
ITEMS BY WARD
|
Ward |
Item |
|
Baludarri (Balmain) |
Palmer Street and Donnelly Street, Balmain - Intersection Improvements |
|
Unnamed Link Road, Lilyfield (between Mary Street and Maliyawul Street) - Proposed Shared Pedestrian and Bike Path & One-way traffic |
|
|
Rozelle North Precinct Resident Parking Scheme Extension |
|
|
Rozelle Public School - Road Safety Improvements |
|
|
Roundabout at Wigram Road and Booth Street, Annandale |
|
|
Road safety at the intersection of Donnelly/Palmer/Booth Streets, Balmain |
|
|
Gulgadya (Leichhardt) |
Update on improvements to the Frederick Street, Ashfield crossing |
|
Roundabout at Wigram Road and Booth Street, Annandale |
|
|
Traffic in Chandos Street, Haberfield |
|
|
Midjuburi (Marrickville) |
Dulwich Hill Station Precinct Public Domain Improvements Amendment – Amendment to Bus Zone Operational Times |
|
Park Lane, Sydenham - Proposed installation of 'No Parking' restrictions western side between Henry Street and Rowe Lane |
|
|
Update on Dulwich Hill Precinct works |
|
|
Djarrawunang (Ashfield) |
Smith Street (at Lackey Street and Morris Street), Summer Hill - Proposed Streetscape Improvement Works |
|
Wardell Road/Riverside Crescent, Dulwich Hill - No Left Turn Restriction |
|
|
Damun (Stanmore) |
New Canterbury Road at Balanaming Lane, Petersham - ‘No Left Turn Vehicles Over 6m Long’ restrictions |
|
All Wards |
Nil. |
DISCUSSION
The November 2022 meeting of the Local Traffic Committee was at Ashfield Service Centre. The minutes of the meeting are shown at Attachment 1.
FINANCIAL IMPLICATIONS
Projects proposed for implementation are funded within existing budget allocations.
PUBLIC CONSULTATION
Specific projects have undergone public consultation as indicated in the respective reports to
the Traffic Committee.
|
1.⇩ |
Local Traffic Committee minutes 21 November 2022 |
|
Council Meeting 6 December 2022 |
Subject: Minutes of the Audit, Risk and Improvement Committee Meeting Held on 17 August 2022
Prepared By: Beau-Jane De Costa - Senior Manager Governance and Risk
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council adopts the minutes of the Audit, Risk and Improvement Committee Meeting held on 17 August 2022. |
DISCUSSION
The Audit, Risk and Improvement Committee (ARIC) is established in accordance with section 428A of the Local Government Act 1993.
The objective of Council’s ARIC is to provide independent assurance to Council by monitoring, reviewing and providing advice about the Council’s governance processes, compliance, risk management and control frameworks, external accountability obligations and overall performance.
In accordance with the ARIC Charter, copies of the minutes of the Committee are to be provided to the Council.
The confirmed minutes of the ARIC meeting held on 17 August 2022 are provided at Attachment 1, for adoption.
All minutes of ARIC meetings held during the calendar year 2022, with the exception of the meeting held on 16 November 2022, have been adopted and provided to the Council. When adopted by Council, the Minutes are published to the website.
FINANCIAL IMPLICATIONS
There are no financial implications in relation to the adoption of the ARIC minutes outside Council’s adopted budget.
|
1.⇩ |
ARIC Minutes 17 August 2022 |
|
Council Meeting 6 December 2022 |
Subject: 2023 Ordinary Council Meeting Schedule and Major Capital Projects Committee Schedule
Prepared By: Beau-Jane De Costa - Senior Manager Governance and Risk
Authorised By: Kelly Loveridge - Director Corporate
|
That Council:
1. Endorse the following Ordinary Council Meeting Schedule in 2023:
2. Approve the publication of the Council Meeting Schedule on Council’s website and Service Centres; and
3. Endorse the following Major Capital Projects Committee Meeting Schedule in 2023:
|
DISCUSSION
2023 Council Meeting Schedule
Section 365 of the Local Government Act 1993 requires Council to meet at least 10 times a year, each time in a different month.
In 2022, Council adopted a meeting cycle of one Council meeting per month which also incorporated the July and January recess periods.
Based on the same meeting structure of 2022 the following 2023 meeting schedule is proposed for Council’s consideration.
2023 Council Meeting Schedule
|
January – Recess |
|
Tuesday 14 February |
|
Tuesday 14 March |
|
Tuesday 11 April |
|
Tuesday 9 May |
|
Tuesday 13 June |
|
July – Recess |
|
Tuesday 8 August |
|
Tuesday 12 September (Mayor and Deputy Mayor Election) |
|
Tuesday 10 October |
|
Tuesday 14 November |
|
Tuesday 5 December |
2023 Major Capital Projects Meeting Schedule
At its Ordinary Council meeting on Tuesday 8 March 2022 Council resolved in part the following:
Establish a Major Capital Projects Committee, that will be chaired by the Mayor, meet monthly to review progress on major projects and discuss the Project Assurance report and shall comprise of no more than 5 councillors, being Councillors:
a) Clr Darcy Byrne;
b) Clr Mark Drury;
c) Clr Jess D’Arienzo;
d) Clr Pauline Lockie; and
e) Clr Kobi Shetty
The draft Terms of Reference and proposed meeting schedule were presented to and endorsed by the Council at the Meeting held on 12 April 2022.
As required under the Terms of Reference, the proposed schedule of meetings for 2023 needs to be reported to Council for adoption. As such, the following schedule is proposed:
2023 Major Capital Projects Meeting Schedule
|
Monday, 27 February |
|
Monday, 27 March |
|
Monday, 15 April (a week before due to Anzac Day PH) |
|
Monday, 22 May |
|
Monday, 26 June |
|
Monday, 24 July |
|
Monday, 28 August |
|
Monday, 25 September |
|
Monday, 23 October |
|
Monday, 27 November |
FINANCIAL IMPLICATIONS
There are no additional financial implications outside Council’s existing budget regarding the adoption of the 2023 Ordinary Council Meeting schedule or the Major Capital Projects Committee schedule.
|
|
Council Meeting 6 December 2022 |
Subject: Outcomes of Local Matters Forums and customer service stalls
Prepared By: Prue Foreman - Corporate Strategy and Engagement Manager
Authorised By: Michael Daly - Acting Director Community
|
RECOMMENDATION
That Council hold another 10 public matters forums in 2023, excluding the July and December recess period.
|
DISCUSSION
Background
Earlier in 2022, Council determined to increase face-to-face engagement and consultation with the community as COVID-19 restrictions were lifted.
At its Ordinary Council meeting on 8 February 2022 Council resolved in part the following:
2. That Council convenes a sub-committee comprising Councillors, staff, resident representatives and external advisors to assist with the scope and preparation of a report that will investigate initiatives designed to:
e) The development of “Your Say” stalls directly in neighborhoods on key issues impacting the community.
Also, at its Ordinary Council meeting on 12 April 2022 Council resolved:
That:
2. Council hold a rotating series of Local Matters public forums (Forum) with the General Manager, relevant Directors and Managers in attendance, in order to listen to the ideas and concerns of local residents about how their communities can be improved, the Forums:
a) Will be held each month alternating fortnightly on Tuesday evenings with Council meetings while Council sits, starting in May;
b) Will invite all ward councillors to attend the forums specific to their ward and offer ward Councillors a role in the forums; and
c) Will be promoted widely, including via letterbox drop to the entire ward that each forum is being held in, as well as through all of Council’s other communications channels’
5. A report be brought back in December 2022 detailing the outcomes of the public forums and stalls and outlining the coming years potential dates; and
This report advises Council of the outcomes of the public forums and stalls and proposes Local Matters Forums in the 2023 calendar year. Frequency of customer service stalls is the subject of a separate Council report to this meeting. A schedule of stalls will be provided once Council determines the frequency.
Outcomes of customer service stalls and Local Matters Forums
Promotion
Promotion included a letterbox distribution to the ward (forums) and neighbourhood (stalls) as well as through all Council’s communication channels including the printed Inner West Council News, e-news, social media, media releases, website announcements, Your Say Inner West and digital boards.
Your Say Inner West customer service stalls
Stalls were held monthly on a Saturday morning. Customer Service and Engagement Officers logged requests, answered questions, and displayed information including what’s on in the Inner West, works in the local area, and Your Say Inner West projects open for comment.
Customer satisfaction was very high.
|
Location |
Customers served |
Requests created |
Surveys completed |
Customer satisfaction |
|
Haberfield |
80 |
35 |
16 |
95% |
|
Newtown |
75 |
35 |
25 |
92% |
|
Marrickville |
49 |
24 |
14 |
96% |
|
Summer Hill |
103 |
15 |
19 |
94% |
|
Balmain |
136 |
24 |
4 |
100% |
|
Total |
443 |
133 |
78 |
|
A stall was also held at the Marrickville Music Festival in November.
Local Matters Forums
Forums were held on the fourth Tuesday of each month commencing in May (except July when Council was in recess). In total six have been held, most recently at St Peters Town Hall on 22 November, which was the second forum in Marrickville/Midjuburi ward.
Community members set the agenda for each meeting by submitting questions about local matters of interest to them.
The General Manager chaired the meetings which included speeches by ward councillors and responses to community questions by Council’s Executive staff. Attendees had the opportunity for informal discussion with councillors and Executive staff following the format proceedings. Engagement officers logged requests, and provided a summary of discussion to all attendees, which was also posted on the website.
* Evaluation in progress for second Marrickville/Midjuburi ward forum held 22 November.
Who attended?
· Attendees were most likely to be aged 55-75+, female, and working (54%) or retired (38%)
· Fifteen per cent identified as being from a culturally and linguistically diverse background, while 5% identified as living with a disability
· None identified as Aboriginal or Torres Strait Islander
Attendee feedback
Indicative comments about what was useful:
· Liked hearing from different residents; interesting and useful to hear about diverse topics; useful to know that other residents shared the same concerns
· Opportunity to express concerns; having Council genuinely listening to concerns
· Helped to understand Council’s work and the constraints of State government; understand who is responsible for what at Council
· Well facilitated to ensure people had the opportunity to talk, facilitation of challenging discussions
· Councillors attentive, informed and well researched
· Council Executive gave useful information; helpful responses; offered good detail in explaining complex processes
· Opportunity to speak directly to Councillors and Council Executive and General Manager
Improvements were made to the format in response to feedback which included:
· Grouped questions by Director, prioritised directorate with highest number of submissions
· Answered more questions prioritising people present on the night with other questions submitted in advance answered in the discussion summary sent out after the Forum
· Ensured microphones were used by presenters and attendees
· Created and displayed poster of the Council Executive and what they were responsible for
· Clarified councillor role
· Clarified language in letter/Your Say Inner West page about the prioritisation of questions submitted in advance, and that there may not be time to answer all questions on the night
· Extended time for people to speak to Councillors and the Council Executive after the plenary closed
A full summary of the evaluation is attached.
PROPOSED SCHEDULE FOR 2023
Local Matters Forums for the 2023 calendar year will generally be held on the fourth Tuesday of each month excluding Council recess periods and public holidays.
FINANCIAL IMPLICATIONS
Funding required to implement the Local Matters Forums and customer service stalls is included in the current budget and will be built into the 2023/24 budget.
Local Matters Forum costs includes print and distribution of invitational letters to entire ward, venue support (set up, refreshments) and audio/visual support. The total cost of delivering five forums was $42,000 with an average cost of $8,400 per forum.
|
1.⇩ |
Local Matters Forum and Customer Service Stall evaluation summary - November 2022 |
|
Council Meeting 6 December 2022 |
Subject: Arts Summit - Update and Progress
Prepared By: Vikki Woods - Senior Events Specialist
Authorised By: Michael Daly - Acting Director Community
|
RECOMMENDATION
That Council receive and note the report. |
DISCUSSION
At its Ordinary Council meeting on 13 September 2022, Council resolved:
That Council:
1. Receive and note the report.
2. As resolved at the March 2022 Ordinary Council meeting, direct officers to commence immediate development of the Inner West Council Arts and Music Recovery Plan. The Plan is to be informed by the priorities of the Summit and developed in consultation with key stakeholders, including Council’s Arts and Cultural Advisory Group, and tabled at the December Ordinary Council meeting;
3. Noting alignment of many of the Summit’s priorities with Council’s current Living Arts program and Cultural Strategy, endorse the following initiatives from the Summit for immediate action:
a) Commence a review of all upcoming EOIs and bookings for Council events to ensure maximum use of local artists and venues, including the Marrickville Festival, Inner West Film Festival, World Pride activations, and the Perfect Match program;
b) Reaffirm commitment to Council’s Outdoor Activation program and Public Art program, noting Council’s commitment to increase Perfect Match funding by 20%;
c) Undertake a creative spaces audit and study to identify appropriate spaces across the LGA for creative and rehearsal use, including activation of all eight town halls within the LGA modelled on the Marrickville Town Hall conversion pilot;
d) Commence scoping to establish a “concierge matching” service to match artists with spaces, using the Perfect Match model as template, to build on the audit of creative spaces;
e) Noting the opportunities to support local artists and music venues under the pilot Special Entertainment Precinct on Enmore Road, commence scoping works to identify other potential locations to pilot SEPs in the LGA including Marrickville Road, Darling St, and Norton St;
f) Noting Council’s submission to the National Cultural Policy, identify opportunities for further advocacy work to shape state and federal arts and culture policy, including writing to relevant state and federal ministers regarding the Inner West Council Arts and Music Recovery Plan.
Staff are currently in consultation with key stakeholders regarding outcomes from the Arts Summit and the subsequent Arts and Music Recovery Plan. This report provides an update on progress on key actions as outlined in the resolutions with the Arts and Music Recovery Plan to be presented to Council in the new year.
The following updates can be provided:
Review EOI's of upcoming events, maximise use of local artists – Completed. Council has recently reviewed EOI processes for events to ensure that local artists and creatives are prioritised. Wording in the recent EOI for Marrickville Music Festival read "priority will be given to artists based in the Inner West LGA, with a particular connection to Marrickville".
Reaffirm commitment to outdoor activation program – Reaffirmed, with current elements including encouragement of footpath dining applications, roadway dining applications as part of the Outdoor Dining & Live Entertainment program, Pop-Up Music Marathon and working with Business Chambers.
Increase Perfect Match funding by 20% - In Progress.
Creative Spaces audit - Council has hired a contractor to undertake a stocktake of Council’s Creative Spaces including the Artists-in-Residence sites, the Chrissie Cotter Gallery, the Art Camp and cultural production spaces commissioned through the EDGE program. This will help quantify the return on Council’s investment since the inception of Inner West Council, and to provide factual data for decisions about future investment in creative spaces. The stocktake will provide an evidence base that documents the experience of the artists and exhibitors supported through the program, and the results and value that Council’s support enabled, and articulation of a results logic for the future provision of Cultural Spaces by Council.
Activation of all town halls, modelled on Marrickville Town Hall pilot – in progress and an EOI application is now available for the community to register their interest.
Scope
potential locations to pilot special entertainment precincts - modelled on
Enmore Rd - The Special Entertainment
precincts are a new legislation, with Enmore Rd being the first in the State to
be rolled out. The legislation is designed to not only protect what is already
there, but to foster future new enterprise development. There are multiple
studies about the economic multiplier of music venues and the special
entertainment precinct allows for the protection of existing and new venues.
The Enmore Rd model offers tangible positive evidence that these precincts can
increase visitation and economic increases to the area and there is qualitative
evidence showing that Council's commitment in legislation and strategic
planning has led to businesses investing in their infrastructure in order to meet
the requirements of the legislation.
Council has committed to further mapping exercises to determine streets and
precincts that would be suitable for this legislation and is committed to the
cultural protection of our great live entertainment venues and artists.
Identify opportunities for further advocacy work – Council staff are currently meeting with key stakeholders to determine opportunities.
Concierge modelling for spaces - A pilot program is currently being designed for a trial roll out in 2023 - modelled on Perfect Match, the program will call out for venues with empty space and artists looking for space. Working title "Site Match".
Nil.
|
|
Council Meeting 6 December 2022 |
Subject: Mandatory Reporting of Fire Safety Reports Referred to Council by Fire and Rescue NSW
Prepared By: Michael Simmons - Team Leader Fire Safety
Authorised By: Kerry Hunt - Acting Senior Manager Regulatory Services
|
RECOMMENDATION
That Council:
1. Receive and note the correspondence from Fire and Rescue NSW in relation to the following properties:
168 Liverpool Road Ashfield (Attachment 1), 250 Liverpool Road Ashfield (Attachment 2); and
2. Endorse the Council Officers use of statutory powers (and discretion as appropriate) under the Environmental Planning and Assessment Act 1979 to require upgrades to buildings 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 provisions 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.
|
DISCUSSION
In accordance with the provisions of the Environmental Planning and Assessment Act 1979 (EPAA), Fire and Rescue NSW (FRNSW) has referred letters to Council detailing a number of concerns with the fire safety measures and fire safety procedures for properties in the Inner West Council area.
Owners of buildings such as assembly buildings, commercial premises, residential flat buildings and boarding houses 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 building’s 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 is 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.
FRNSW and Council’s Fire Safety Team have undertaken inspections of all premises referred and have determined appropriate actions required by property owners 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 can be undertaken through the issuing of orders under the EPAA. 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 undertaken in accordance with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
This annual inspection is to ensure that:
i. All fire safety measures are inspected by an accredited practitioner (fire safety) 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 Officers.
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 on the following properties listed at Table 1.
|
Property |
Reason for referral: |
|
168 Liverpool Road, Ashfield |
Fire Indicator Panel displaying multiple faults and isolations. Control panel and service logbook for combined Fire Hydrant and Sprinkler System noting multiple issues. |
|
250 Liverpool Road, Ashfield |
Fire Indicator Panel displaying multiple faults and alarm disablement. Door to pumproom not fitted with FRNSW compatible access key. |
Table 1 above lists the properties inspected by FRNSW and a summary of the reason for referral.
In response, Council's Fire Safety Team undertook inspections of both premises as per the table below:
|
Property |
Key Requirement |
|
168 Liverpool Road, Ashfield |
An inspection of the premises was undertaken in conjunction with the Building Manager and a Notice of Intent dated 31 October 2022 was issued on the owners requiring them to attend to the items listed in the correspondence from FRNSW. |
|
250 Liverpool Road, Ashfield |
An inspection of the premises was undertaken, and a Notice of Intent dated 15 November 2022 was issued on the owners requiring them to attend to the items listed in the correspondence from FRNSW. |
Table 2 above summarises the actions by Council officers since receiving the FRNSW report.
Following a review of the correspondence and site inspections, Council’s Fire Safety Officers, under delegated authority have issued Notices of Intent to Serve a Development Control Order and or Development Control Orders 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 each 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 an accredited practitioner (fire safety) 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.
CONCLUSION
The letters from Fire and Rescue NSW have identified several fire safety matters that are required to be addressed. Following an inspection, Council’s Fire Safety Officers have determined that Notices of Intent to Serve a Development Control Order and or Development Control Orders requiring various audits and upgrade to the buildings are required to be undertaken. These requirements will promote adequate fire safety or fire safety awareness in the buildings. These works can be undertaken in accordance with State Planning provisions through the issuing of Development Control Orders under the EPAA.
FINANCIAL IMPLICATIONS
Nil
|
1.⇩ |
Letter from Fire & Rescue NSW regarding - 168 Liverpool Road Ashfield |
|
2.⇩ |
Letter from Fire & Rescue NSW regarding - 250 Liverpool Road Ashfield |
|
Council Meeting 6 December 2022 |
Subject: Community Wealth Building
Prepared By: Billy Cotsis - Economic Development Team Leader
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council receive and note the report.
|
At its Council meeting on 13 September 2022, Council resolved that:
1. Council commits to
becoming Australia’s leading Community Wealth Building council
by adopting the pillars of Community Wealth Building into our Inner West
Council Economic Development Strategy;
2. In preparation for the Economic Development Strategy:
a) Staff consult with the Democracy Collaborative
on the pillars of Community Wealth
Building before the end of 2022; and
b) Identify local anchor institutions such as universities and TAFE, hospitals, schools, sporting clubs, community and First Nations organisations and large local employers and businesses to be part of the development of the Economic Development Strategy, in addition to residents and other stakeholders.
3. Council holds an Inner West
Economic Summit early in 2023, and includes those local
anchor institutions, in addition to residents and other stakeholders, to
discuss people-centered economic development; and
4. Before the end of 2022,
staff identity and report on existing Council initiatives,
strategies, processes and policies that support Community Wealth Building,
particularly the use of Council’s own workforce and procurement
strategies, with the goals of:
a) Doubling
the budgeted number of apprentices, trainees and students employed by
Council;
b) Preferencing
direct employment of apprentices and trainees over the use of labour hire
or Group Training Organisations (GTO);
c) Preferencing
formal training being provided in-house by Council or by TAFE NSW,
over private education providers;
d) Increasing women in STEM roles; and
e) Increasing Council procurement of local goods and services.
DISCUSSION
Community Wealth Building (CWB) is a people-centred approach to local economic development, which redirects wealth back into the local economy, and places control and benefits into the hands of local people.
There are five key pillars to Community Wealth Building that focus on making sure that wealth is locally owned and benefits local communities.
1. Progressive procurement of goods and services
2. Fair employment and just labour markets
3. Socially productive use of land and property
4. Making financial power work for local places
5. Plural ownership of the economy
Anchor institutions play a key role in Community Wealth Building. They are significant employers with a strong local presence in an area. They can exert a strong influence through their purchasing of goods and services, through their workforce and employment capacity, and by creative use of their facilities and land assets. Positive use of these aspects can affect social, economic and environmental change in an area.
Community Wealth Building is not a new concept, the Community Wealth Building approach has already proved successful in Preston, Lancashire, and in areas of America such as Cleveland, Ohio and is being adopted elsewhere. Other councils in Australia such as Ballarat and the City of Sydney are also looking at community wealth building.
Inner West Economic Summit
Councillors and staff consulted with a representative of the Democracy Collaborative on the pillars of Community Wealth, with an in-house session held on 11 October 2022 to discuss Community Wealth Building.
In preparation for the Economic Development Strategy, staff have identified the key local anchor institutions that will assist and be part of the consultation process as well as the Inner West Economic Summit. Planning and preparations are underway for the Summit to be held by 1 March. This includes an initial phase of research on the five pillars that have been identified, aligning data and stats to the pillars so as to underpin the objectives of the Summit.
The Economic Summit will be used as a method to help develop a new Economic Development Strategy for the Inner West and to discuss how the strategy will work.
Two sessions for the summit have been identified:
· Marrickville Pavilion Tuesday 28 February between 9.30 am – 12.30 pm and
· Wednesday 1 March all the Activities Rooms at ASC 5.00 pm – 7.45 pm
Council staff are consulting with key stakeholders as to the form of agenda for the Summit, and other relevant methods to extend the Summit beyond two face to face sessions.
It is expected that the Summit will lead to a series of action plans that will include all tiers of government, business, industry bodies and partner agencies.
Critical to the success of the Summit will be active engagement and feedback from stakeholders on the Pillars of CWB and people centred economic development, and exploration of action based outcomes to support the local economy.
Anchor institutions who will be invited to the Summit include head offices for key licensed venues and major retailers, financial institutions and education institutions. In addition, the health and medical industry, transport providers and major supermarkets as well as but not limited to local manufacturers, chambers of commerce, and micro-breweries. Engagement with representatives of significant projects such as the Tech Central Innovation District will also be critical.
Tech Central Innovation District
Tech Central is an innovation district that extends from Surry Hills/ Central to Annandale. Camperdown is the most relevant to Inner West LGA and is centred around RPA Hospital and Sydney University which contains a unique mix of specialised infrastructure, research and industry attributes. The Tech Central Alliance includes the University of Sydney, UTS, Sydney Local Health District, City of Sydney, Inner West Council and the Greater Cities Commission which brings these significant employers, landowners and/or those with statutory responsibilities in Tech Central together.
The Tech Central Alliance is working toward realising the significant opportunities to grow industries, drive manufacturing, deliver innovation/programs in sustainability, community health, education and local employment which engage and connect the community across the innovation district and Inner West more generally. This is a practical and current project that supports the pillars of Community Wealth Building, and its consideration within the Economic Summit and the Economic Strategy that will follow is key.
Existing Council workforce and procurement strategies that support Community Wealth Building
Council has an established apprentice and traineeship program which aims at encouraging diverse categories of youths into the local government sector. Our targets are listed below.
|
Position type |
Budget |
Target |
|
Apprentices |
4 |
8 |
|
Trainees |
12 |
24 |
|
Students |
4 |
≥4 |
The additional 4 apprentices and 12 trainees will be funded by existing established position budgets when vacant and reviewed. Trainee/apprentice government funding will also be used where available.
Opportunities and offerings provided by IWC for apprentices are entry level in comparison to other employers who may look for and are able to provide for more established apprentices. This is due to the nature of the tasks generally available through Council which do not readily enable the apprentice to demonstrate skill acquisition to the degree required to successfully complete an apprenticeship in the sole employment of Council. The engagement of apprentices relies on the utilisation of Group Training Organisations (GTO), a third-party organisation. Through the GTO apprentices are able to begin their journey with Council while retaining the flexibility to further their skills in higher level work with other employers which Council is not able to provide in sufficient amount or regularity to meet learning requirements and enable the apprentice to maintain continuity of employment for the length of their course.
The program for apprentices and trainees is similar. Regarding trainees - the individual’s needs are assessed using a mix of TAFE and private Registered Training Organisations (RTO).
This enables flexible training delivery that meets the candidate’s needs. Some are able to complete course work faster, or have other private / family or non work obligations and an online delivery model may suit these individuals. Others prefer or require face to face delivery compared to online and therefore TAFE is a more appropriate option.
Increasing women in STEM roles
Council supports equal employment opportunity and merit-based selection criteria on all recruitment processes. Appropriate support and development opportunities are provided through policy (ie study leave protocol), practical programs (ie gender equity programs) or specific and bespoke support such as the Authentic Leadership program, informal and formal mentoring. These are offered across the organisation and to all employees.
Council has adopted a Gender Equity Strategy, resulting in the first delivery of Gender Equity Training for staff in 2022. The training aims to increase awareness and understanding of the relevance of gender equity as well as to improve capability and confidence in driving equitable initiatives across workplaces and the communities that Council serves.
Council has also partnered with CSIRO to review their established STEM programs in order to leverage their experience in encouraging more young people to apply for STEM Local Government careers.
Increasing Council procurement of local goods and services
Council is committed to generating social value through procurement and purchasing processes in order to maximise purchasing power and generate positive outcomes and benefits for the people and communities that Council serves. Council preferences local suppliers, organisations that employ people with disabilities, Indigenous suppliers or people that come from disadvantaged communities, where possible, where other factors are equal and reasonable comparative market rates are offered. Council currently collaborates with procurement partners and stakeholders for local suppliers as well as actively engaging with Supply Nation providers.
Council has 740 Active Creditors from within the LGA, which represents 17.35% of all Active Creditors. This does not capture sundry creditors - small business or sole traders that do not have ABN’s, most of these are known to be locally based businesses or sole traders.
During the FY21 local procurement expenditure was 4.44% of total expenditure (based on AP invoices with ABN). FY22 local expenditure rose to 5.43% of total expenditure. Local expenditure for FY23 Q1 is tracking at 4.88% of total expenditure.
Activities to increase local procurement include
· A workshop with local suppliers to explain the value and use of Vendor Panel to enable them to receive opportunities to quote to Council.
· Training for staff that explains how to use Vendor Panel to search for local suppliers
· Changes made to the IT tools (Tech One) to identify local suppliers for easier reporting
Preparation of a separate procurement strategy to increase local procurement is in development. Local Procurement will be a focus within the Economic Development Strategic Plan.
FINANCIAL IMPLICATIONS
The Economic Summit has been budgeted for within the Economic Development Team current budget allocation.
There has not been a budget allocation for the increase in trainees and apprentices however the additional 4 apprentices and 12 trainees will be funded by existing established position budgets when vacant and reviewed. Trainee/apprentice government funding will also be used where available.
|
|
Council Meeting 6 December 2022 |
Subject: Little Villages Signage
Prepared By: Kurt Henkel - Principal Designer Public Domain
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That
1. A further report be provided for Council’s consideration following completion of an analysis of appropriate locations, designs and costs for the large scale “little villages” signs; and
2. Upon provision of a cost estimate being provided to Council, this will form part of the budget consideration for 2023-24 financial year.
|
BACKGROUND
At its Council meeting on 25 October 2022 Council resolved in part to;
1. Prepare a report for the December Ordinary meeting identifying locations and costs for the installation of large scale signage identifying these precincts to make the locations clearly identifiable to local residents, visitors and commuters.
In 2020 and 2021 the Geographic Names Board confirmed the formal naming of the following streets in the Inner West:
· Little Italy – Norton Street (from Parramatta Road to City West Link), Marion Street (from Hawthorne Canal to Balmain Road);
· Little Portugal – New Canterbury Road (from Hunter Street to Audley Street), Audley Street (from Trafalgar St to New Canterbury Road);
· Little Vietnam – Illawarra Road (from Marrickville Road to Renwick Street); and
· Little Greece – Marrickville Road (from Livingstone Road to Victoria Road).
DISCUSSION
Council Signage Strategy
Council is developing a Signage Strategy for the Inner West that includes the design of a palette of sign types covering Council street names, pedestrian wayfinding, cycle, park and building identity signage.
The wayfinding signage is intended to include labeling of the little villages in their titles whilst also assisting pedestrians to navigate local streets and find local landmarks including shopping centres, parks, public buildings, community centres, libraries and railway stations.
This Signage Strategy does not currently propose large scale little village signs.
Attachment 1 provides details of the range of signs included in the Signage Strategy these will include “little villages” references.
Large scale little village signs
Careful planning and site analysis of large scale signs to identify the little villages to local residents, visitors and commuters will provide a successful outcome that will be loved by the local community.
The sign designs will respond to existing spatial constraints and local site conditions, including where applicable consideration of heritage issues. Design investigation will determine key opportunities, suitable sign locations, and the appropriate scale and form of the signs.
Whilst these signs may be derived from the existing Signage Strategy, confirmation of sign locations and a message content that meets the objective of being legible to commuters in the Leichhardt, Petersham and Marrickville town centres are underway. The siting and design of these signs will also be informed by the current town centre master plan for Marrickville.
Attachment 2 provides examples of other successful large scale and gateway signages from across the globe that demonstrate some of the design strategies that can be successfully employed.
FINANCIAL IMPLICATIONS
Upon completion of design and location analysis a more certain costing can be provided. Initial project scoping indicates a design and construction budget in the vicinity of $200,000 is required. Once properly costed, this will form a part of the budget consideration for 2023-24 Financial Year.
|
1.⇩ |
Signage Strategy Overview |
|
2.⇩ |
Examples of signs |
|
Council Meeting 6 December 2022 |
Subject: Zoning of Balmain Bowling Club
Prepared By: Daniel East - Acting Senior Manager Planning
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council receive and note the report.
|
DISCUSSION
On 8 November 2022, Council resolved the following:
That Council:
1. Note that the Balmain Bowling Club has been amalgamated into St John’s Park Bowling Club and has remained closed for many months despite public assurances from the management that the Club would reopen before now;
2. Write to the Management of the Club, Clubs NSW and any relevant regulatory authorities expressing concern that the Club remains closed and seeking assurances about when it will be reopened;
3. Notify local residents of Council’s concerns and provide them information about how they can advocate to the Club and the aforementioned authorities for the Club to be reopened; and
4. Receive a report about the zoning status of the Club.
This report addresses point 4 of the resolution.
Balmain Bowling Club (156 Darling Street, Balmain) is zoned R1 General Residential under the Inner West Local Environmental Plan 2022. Residential development including dwelling houses and residential flat buildings are permissible on this site through the development application process. The current development standards permit a maximum Floor Space Ratio (FSR) of 0.5:1 – 1:1, depending on its land use. In addition, the site is flood affected and is situated within the Balmain East heritage conservation area.
It should be noted that Recreation facilities (outdoor) which includes bowling clubs are currently prohibited in the zone but would enjoy existing use rights under current planning legislation if they do not close for more than 12 months.
FINANCIAL IMPLICATIONS
Nil
|
|
Council Meeting 6 December 2022 |
Subject: Update on activation of Town Halls
Prepared By: Scott Mullen - Strategic Investments and Property Manager
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council receive and note the report. |
DISCUSSION
This report provides an update on the activities that are currently being undertaken to activate Council’s town halls.
Background
There have been a number of resolutions made by Council in relation to the use of town halls, as summarised below.
At the 8 September 2020 Council meeting, Council resolved that:
Pending project feasibilities, undertakes a further Expression of Interest Campaigns for the use of the Petersham Town Hall (office space for co-located community groups) and Marrickville Town Hall (Live Music venue);
and
The Marrickville Town Hall and Petersham Town Hall EOI’s be tabled at Council for adoption prior to undertaking the EOI
At the 12 April 2022 Council meeting, it was resolved that Council:
Recommences work to convert Marrickville Town Hall and former Marrickville Library into a hub for multicultural performance and live music
At the 14 June 2022 Council meeting, Council resolved to:
Reaffirm its commitment to establishing an Inner West Pride Centre at Newtown Town Hall;
And
Establish a sub-committee to advise the establishment of the Centre
MARRICKVILLE TOWN HALL
Sydney Fringe HQ
Council was approached by the Sydney Fringe in February 2022 to lease the top floor of the Town Hall (excluding the balcony) as its official headquarters. A three (3) year lease was approved by Council on 12 April 2022.
The Sydney Fringe is a cultural industries (not for profit) organisation and advocacy group for the live arts and music sectors and is responsible for the largest independent arts festival in New South Wales with over 450 events presented in over 70 venues across Greater Sydney each year.
Entering the lease with Fringe has started to establish the Town Hall as a Cultural Hub and provide a commercial revenue stream to Council that will support the ongoing maintenance of the historic building.
Steering Committee
A steering committee (SteerCo) has been established to drive the engagement and planning for further activation. Chaired by Clr Howard and consisting of the Chair (or representative) of the Inner West Council Multicultural Advisory Committee and Inner West Council Arts and Culture Advisory Committee, community representatives, and relevant staff. The SteerCo is meeting monthly to investigate strategies to provide short-term residencies at the Town Hall for local artists, not-for-profit creative organisations, and organisations from local Culturally and linguistically diverse (CALD) communities.
Permissible use as a live music and entertainment venue
Council staff have appointed a Town Planner to assess the requirements for Marrickville Town Hall to be used for the purposes of a Live Music and Entertainment Venue. Currently zoned
R2 Low Density Residential a planning pathway will be pursued in which entertainment facilities are permissible with consent.
Preservation of current use
Under any proposal, existing bookings would be preserved, regular hirers from local community groups supported and the ongoing use of the Town Hall for civic purposes ensured.
NEWTOWN TOWN HALL
Inner West Pride Centre
A Council PCG has been established to manage the development of the Inner West Pride Centre, sponsored by Director Community.
As part of its role, the PCG will coordinate capital works required and:
· undertake compliance and building condition renewal and maintenance works to Newtown Town Hall; and,
· prepare designs for building upgrades to support the establishment of a Pride Centre (construction of the upgrades will be subject to additional funding).
Further, a subcommittee has been established to meet monthly and advise on the establishment of the Pride Centre. The subcommittee is chaired by Clr Howard, and consists of Clr Atkins (Alternate Chair), Clr D’Arienzo, three representatives of the LGBTIQ Working Group and relevant staff, to work with the Staff Reference Group for the Inner West Pride Centre to:
a. Review the former Expression of Interest process.
b. Conduct a scoping study to determine a sustainable operating model that advances the vision of the Pride Centre whilst ensuring ongoing community access to Newtown Town Hall.
c. Establish principles, objectives, and activities for the Inner West Pride Centre.
d. Prepare for a renewed Expression of Interest process for the second half of 2022.
The subcommittee’s role is to ensure adequate staffing and resources to enhance Council’s collaboration with Local LGBTQ+ organisations, deliver LGBTQ+ programs and manage the Inner West Pride Centre; and work with the World Pride Sub-Committee to incorporate Newtown Town Hall in World Pride activities.
World Pride 2023
Implementation of the 8 March 2022 council resolutions for a rainbow pathway and the programming for Sydney World Pride 2023 in the Inner West is well underway.
The design for the infrastructure works and upgrade of Pride Square, adjacent to Newtown Town Hall, have been finalised and approved by the committee. This includes seating arrangements so that community can congregate and participate in the arts and culture activations to be delivered for World Pride, as well as a “beacon”, a sculptural installation that will be visible from different angles of entry from King Street. The new design and upgrade of the square is already funded through the existing infrastructure budget.
PETERSHAM TOWN HALL
Relocation of Council staff
Most of the ground floor and part of the first-floor rooms currently accommodate council staff undertaking administrative functions.
A staff co-location program is currently being undertaken across council’s administrative centres and staff will be relocated from the Town Hall to other service centres in early 2023.
Once this has been finalised staff will use the results of the ‘Creative Use Of Council Venues’ pilot program outlined below to activate Petersham, Annandale, St Peters and Leichhardt Town Halls.
VENUES FOR HIRE
All the Town Halls are currently available for hire as part of Councils ‘Venues for Hire’ program through the website at Venues for hire - Inner West Council
EXPRESSION OF INTEREST - CREATIVE USE OF COUNCIL VENUES
As part of the program to activate council’s Town Halls Council a pilot program has been established for individuals or organisations wishing to use Council venues for cultural activities.
The community is encouraged to visit Council’s website at the link below and fill out the Expression of Interest (EOI) form with details of their proposal.
https://www.innerwest.nsw.gov.au/explore/venues-for-hire/creative-use-of-council-venues
It is proposed that the pilot program will be used to develop a long-term strategy that will provide ongoing use of council’s venues that is inclusive, accessible, and equitable.
|
|
Council Meeting 6 December 2022 |
Subject: Submission to the Local Government Remuneration Tribunal 2023
Prepared By: Beau-Jane De Costa - Senior Manager Governance and Risk
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council endorse and submit the proposed Local Government Remuneration Tribunal Submission in Attachment 2, by Friday 16 December 2022.
|
DISCUSSION
The NSW Local Government Remuneration Tribunal, pursuant to section 241 of the Local Government Act 1993 is required to make an annual determination no later than 1 May 2023 on the fees payable to Councillors and Mayors which will take effect from 1 July 2023.
In 2020, Council was successful in being re-categorised to a Metropolitan Large Council which resulted in an increase in Mayor and Councillor Fees for 2020/21 and 2021/22.
In February 2022, the Remuneration Tribunal handed down its determination for Councillor Fees for the 2021/22 Financial Year. The Tribunal determined a 2 per cent increase in the minimum and maximum fees applicable to each category.
The 2023 proposed submission to the Local Government Remuneration Tribunal can be found in Attachment 2 which calls for the Tribunal to consider increasing Councillor fees.
If Council resolves to proceed with the submission, Council officers will send the submission to the Tribunal by Friday 16 December 2022.
FINANCIAL IMPLICATIONS
There are no financial implications to the adopted budget, in relation to endorsing the submission to the Local Government Remuneration Tribunal.
|
1.⇩ |
Local Government Remuneration Tribunal - Annual Review 2023 |
|
2.⇩ |
Submission to Local Government Tribunal 2023 |
|
Council Meeting 6 December 2022 |
Subject: Investment Report at 31 October 2022
Prepared By: Daryl Jackson - Chief Financial Officer
Authorised By: Kelly Loveridge - Director Corporate
|
RECOMMENDATION
That Council receive and note the report. |
BACKGROUND
A monthly investment report is provided to Council detailing the investment portfolio in terms of performance, percentage exposure of total portfolio, maturity date and changes in market value.
The monthly investment report includes details of the current proportion of investments that are non-fossil fuel investments and include details of progress in meeting the prevailing performance benchmark in respect of non-fossil fuel investments.
The investing of Council’s funds at the most favourable return available to it at the time whilst having due consideration of risk and security for that investment type and ensuring that its liquidity requirements are being met while exercising the power to invest, consideration is to be given to the preservation of capital, liquidity, and the return on investment.
Preservation of capital is the principal objective of the investment portfolio. Investments are placed in a manner that seeks to ensure security and safeguarding the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters.
Council determined to proactively invest in a non-fossil fuel investment portfolio.
Legislative Requirements
All investments are to comply with the following:
§ Local Government Act 1993;
§ Local Government (General) Regulation 2021;
§ Ministerial Investment Order dated 17 February 2011;
§ Local Government Code of Accounting Practice and Financial Reporting;
§ Australian Accounting Standards; and
§ Division of Local Government Investment Policy Guidelines May 2010
Council’s Socially Responsible Investments consist of Green Term Deposits from otherwise fossil fuel lending banks, such as CBA and Westpac and also long dated bond issues from a range of institutions and government agencies. These investments provide targeted funding to a wide range of green and socially responsible projects and initiatives. Council also utilises these investments to remain within the credit rating policy guidelines imposed by the NSW TCorp loan covenant requirements.
Certification
The Chief Financial Officer Daryl Jackson as the Responsible Accounting Officer has certified that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Section 212 of the Local Government General Regulation 2021 and Council’s Investment Policy.
DISCUSSION
Council’s investments are held in various investment categories which are listed in the table below. Council’s investment portfolio size is $247.7m. All Socially Responsible Investments (SRI’s) are investments that comply with the Non-Fossil Fuel standards. Council’s portfolio had a return 2.23%, against the UBSWA Bank Bill Index Benchmark (2.89%) on a marked-to-market basis. For the past 12 months, the portfolio has returned 0.08% on a marked-to-market basis
Without marked-to-market influences, Council’s investment portfolio yielded 3.00%pa for the month, up from 2.06%pa in September. This is based on the actual interest rates being received on existing investments and excludes market value changes of the securities/deposits.
A further rise in interest rates during the month had a modestly detrimental impact on the valuations of Council’s fixed rate bonds and floating notes. The small decrease in their capital value was offset by the higher rate of interest being accrued on the securities.
As interest rates rise/fall the dollar valuations of existing bonds fall/rise in the market. While a bond’s (or FRN’s) market value may drop below its face value (or par value) during the life a security, providing Council does not sell the security and the issuer is sound (which all of Council’s holdings are) then the bond’s market value will come back to the face value by the time it matures.
The upside to the rising trend in interest rates is that new TDs and bonds that Council invests in will be paying a much higher rate of interest than what has been available over the past couple of years. This is evident in the rising yield on the portfolio noted above.
Change in the value of our portfolio
· Investments
o CBA (Green) $10.0m
· Matured
o Suncorp $3.0m
o Westpac Group (Green TD) $2.5m
The investment market had limited non-fossil fuel products available in the month. Those available were offered with low interest rates.
Council’s entire investment portfolio remains invested in non-fossil fuel lending ADIs (47% of portfolio) and socially responsible investments (53% of portfolio).
The attachments to this report summarise all investments held by Council and interest returns for periods ending 31 October 2022.
The Current Market value is required to be accounted for. The Current Market Value is a likely outcome if Council were to consider recalling the investment prior to its due date.
All investments made for the month of October 2022 have been made in accordance with the Local Government Act, Local Government Regulations and the Inner West Council Investment Policy.
The 2020/21 Financial Year End process is in progress. The split between the External and Internal Restrictions are not available at this time.
The performance chart over the page shows Council’s rolling 12 monthly return versus benchmark over the past 5 years. Each data point is the 12 month return for the stated month end.
Council’s investment performance has reflected the downward trend in interest rate markets over recent years accelerated by pandemic related interest rate cuts. With inflation pressures building, interest rates have increased sharply over the first half of 2022 causing negative marked-to-market returns on existing bonds and FRNs over that period. Market rates are largely stabilising and higher rates being received on new investments and FRN rate resets are flowing through to the rolling 12 month figure which has gone back into positive territory in October.
§ The September quarter inflation data surprised the market with a higher-than-expected headline increase of 7.30% year-over-year, the biggest annual increase since 1990.
§ The biggest jump in prices over the past 12 months has been housing +10.5% driven higher by increasing construction costs; transportation +9.2% and food 9% led by fruit and vegetables up over 16%.
§ The RBA’s preferred measure of inflation, the trimmed mean which excludes extreme movements on either end, jumped from 4.9% to 6.1%, the highest annual increase since being recorded in 2003.
§ The Government’s budget forecasts indicated prices in some major categories would likely continue to increase sharply over the coming years with electricity prices projected to rise by an average of 20% late this year and a further 30% in 2023-24. Retail gas prices are also projected to rise, helping push inflation up to the high 7% area by the end of 2022/23 FY.
Interest Rates
The RBA hiked the official cash rate another 25 basis points, from 2.35% to 2.60% at its October meeting and gave clear indication that interest rate increases will continue over the coming months.
The market’s cash rate expectations slipped slightly over the past month, with projections falling short of a 4%pa rate over the coming cycle:
In October, term deposit rates were little changed versus their levels at the end of September with average yields ranging from 2.85% for 1 month deposits up to 5.10% for 5 years deposits:
|
1.⇩ |
IWC Investment Report - October 2022 |
|
2.⇩ |
IWC Economic & Investment Portfolio Commentary - October 2022 |
|
Council Meeting 6 December 2022 |
Subject: Statistical Report on Code of Conduct Complaints
Prepared By: Elizabeth Renneberg - Internal Ombudsman
Authorised By: Peter Gainsford - General Manager
|
RECOMMENDATION
That Council note the Statistical Report on Code of Conduct Complaints relating to Councillors and the General Manager for the period 1 September 2021 to 31 August 2022.
|
DISCUSSION
Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures) require that Council’s Complaints Coordinator must report annually to the Council and to the Office of Local Government on a range of complaint statistics within three months of the end of each September. The Procedures mandate the format of this statistical report for all councils to ensure consistency. The prescribed annual reporting period is from 1 September to 31 August each year. The report has been provided to the Office of Local Government as required under the Procedures and is replicated below:
|
Number of Complaints |
|
|
||
|
1 |
a |
The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct |
5 |
|
|
|
b |
The total number of complaints finalised in the period about councillors and the GM under the code of conduct |
7 |
|
|
Overview of Complaints and Cost |
|
|
||
|
2 |
a |
The number of complaints finalised at the outset by alternative means by the GM or Mayor |
5 |
|
|
|
b |
The number of complaints referred to the Office of Local Government under a special complaints management arrangement |
0 |
|
|
|
c |
The number of code of conduct complaints referred to a conduct reviewer |
0 |
|
|
|
d |
The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer |
0 |
|
|
|
e |
The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer |
0 |
|
|
|
f |
The number of finalised code of conduct complaints investigated by a conduct reviewer |
2 |
|
|
|
g |
The number of finalised complaints investigated where there was found to be no breach |
1 |
|
|
|
h |
The number of finalised complaints investigated where there was found to be a breach |
1 |
|
|
|
i |
The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police |
0 |
|
|
|
j |
The number of complaints being investigated that are not yet finalised |
0 |
|
|
|
k |
The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs |
$9,939.00 |
|
|
Preliminary Assessment Statistics |
|
|
||
|
3 |
The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions: |
|
|
|
|
|
a |
To take no action |
0 |
|
|
|
b |
To resolve the complaint by alternative and appropriate strategies |
0 |
|
|
|
c |
To refer the matter back to the GM or the Mayor, for resolution by alternative and appropriate strategies |
0 |
|
|
|
d |
To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police |
0 |
|
|
|
e |
To investigate the matter |
0 |
|
|
Investigation Statistics |
|
|
||
|
4 |
The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made: |
|
|
|
|
|
a |
That the council revise its policies or procedures |
0 |
|
|
|
b |
That a person or persons undertake training or other education |
1 |
|
|
5 |
The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made: |
|
|
|
|
|
a |
That the council revise any of its policies or procedures |
0 |
|
|
|
b |
In the case of a breach by the GM, that action be taken under the GM’s contract for the breach (clause 7.36(h) of the 2018 Procedures or clause 7.37(a) of the 2020 Procedures) |
0 |
|
|
|
c |
In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (clause 7.36(i) of the 2018 Procedures or clause 7.37(b) of the 2020 Procedures) |
1 |
|
|
|
d |
In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 and that the matter be referred to OLG for further action (clause 7.36(j) of the 2018 Procedures or clause 7.37(c) of the 2020 Procedures) |
0 |
|
|
6 |
Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures and clause 7.20 of the new Procedures |
0 |
|
|
|
Categories of misconduct |
|
|
||
|
7 |
The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct: |
|
|
|
|
|
a |
General conduct (Part 3) |
1 |
|
|
|
b |
Non-pecuniary conflict of interest (NMCC Part 5) |
0 |
|
|
|
c |
Personal benefit (FMCC Part 5 / NMCC Part 6) |
0 |
|
|
|
d |
Relationship between council officials (FMCC Part 6 / NMCC Part 7) |
0 |
|
|
|
e |
Access to information and resources (FMCC Part 7 / NMCC Part 8) |
0 |
|
|
Outcome of determinations |
|
|
||
|
8 |
The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewers recommendation |
1 |
|
|
|
9 |
The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by OLG |
0 |
|
|
Confidentiality
Clause 12.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW requires that information about Code of Conduct complaints and their management and investigation, is to be treated as confidential and is not to be publicly disclosed or discussed except as may be otherwise specifically required or permitted under the Procedures.
FINANCIAL IMPLICATIONS
There are cost implications for Council associated with this report. The total cost incurred in the reporting period was $9939 (including GST).
|
|
Council Meeting 6 December 2022 |
Subject: Parking in the Inner West
Prepared By: Michael Davies - Team Leader Development Compliance, Environmental Health & Building Regulation
Authorised By: Simone Plummer - Director Planning
|
RECOMMENDATION
That Council receive and note the report
|
BACKGROUND
At its Council meeting on 20 September 2022, Council resolved:
That Council:
1. Notes an increase in reports of illegal and/or dangerous parking on residential streets across the Inner West;
2. As soon as possible, undertakes a comprehensive and targeted education campaign to tackle illegal parking on streets across the Inner West - with information on a prominent page in the Inner West News, local media, social media and on the council website; and
1. Requests staff to prepare a report on the extent of illegal and dangerous parking and possible solutions before the end of this calendar year.
In addition, Council also resolved by way of Notice of Motion: Boat and Trailer Parking in the Inner West:
That Council include in the report agreed at the September meeting of Council on illegal and dangerous parking a report detailing the options to limit or reduce the number of boats and trailers parked on council owned or managed roads and land in the Inner West Local Government Area.
DISCUSSION
Recent legislative changes have made it appropriate that both these are responded to in a single report.
Parking statistics
Councils Parking Services are
responsible for enforcement of illegal parking within the Local Government Area
(LGA). The team conducts proactive patrols across the majority of permissive
parking locations within the LGA and responds to customer reports of illegal
parking. Customers can lodge illegal parking requests through the inner west
customer service requests or via phone to customer service across three (3)
categories
· Blocked Driveway
· Overstaying parking
· Dangerous parking (non-specified parking issues i.e. No Stopping, close to intersections etc)
Some of the dangers illegally parked cars cause include:
· Blocking the line of vision for all other drivers, pedestrians and cyclists
· Forcing children and mobility aid users onto the road
· Obstructing the flow of traffic increasing the chance of a crash or injury.
· Reduced parking capacity and turnover
· Obstructed property access
An analysis of the comparative figures from 2021 to 2022 indicates that in 2022, the number of parking requests has increased 10% in this calendar year.
|
Type |
2021 |
2022 |
|
Blocked Driveway or Similar Obstruction |
2489 |
2745 |
|
Dangerous Parking |
1874 |
2050 |
|
Overstaying Timed / Ticketed Parking |
973 |
1116 |
|
Grand Total |
5343 |
5930 |
Targeted Education Campaign
The Communications team have prepared
a draft plan for the education campaign. The goal is to educate the community
about the risks of illegal parking to road safety and inform residents of the
consequences of illegal parking, ultimately reduce the number of
illegal/dangerous parking complaints
The target audience will be
· Drivers in the Inner West community – all ages and demographics
· Visitors to the Inner West community
· Specific geographic areas identified as high problem areas.
Broad timeframe / key dates for the campaign
|
Timeframe |
Activity |
|
Nov 22 – Jan 23
|
Pre-report launch – drip feed of ‘illegal parking stories’ |
|
January 2023
|
Launch of report findings – focus on key findings in report. Link illegal parking to safety |
|
End January 2023 |
Back to school road safety/school parking |
Options considered for the campaign include
· Infographics for social media use
· Posters in high traffic areas throughout LGA
· Posters for Customer Service Stalls
· Printable flyers for local schools to share with parents and local shops/cafes – QR code with direct to website content
Illegal and dangerous parking
and possible solutions
There are approximately 2200 streets
and laneways with the LGA. The table above illustrates a 10% increase in
the number of requests received, analysis of the data to the granular level of
number of complaints per street per month shows
· 23 streets (1%) average more than 1 request for “Dangerous parking”
· 44 Streets (2%) average more than 1 “Blocked Driveway” per month.
Dangerous parking and Blocked Driveway complaints are generally transitory offences, meaning the offences generally are not for prolonged periods and the possibility that the driver will decamp increases with the length of time it takes to respond to the request.
Analysis of the 10 streets which generated the highest number of ‘Dangerous parking’ requests, attending Officers take enforcement action on approx. 45% of those reports.
The most reported issues were -
· Parking within 10m of an intersection;
· Parking in a ‘No Stopping’ zone;
· Parking of Heavy and Long vehicles; and
· Parking in a ‘No Parking’ zone
Reducing response times from time of complaint to the officer attending is the most critical element for increasing enforcement action in response to such complaints. A variety of tools are being explored to enable this, including
· Technology - direct CRM reporting of these situations to the field officer – once this has been resolved
· Creation of a quick response unit
In combination this will result in increased enforcement and is expected to decrease offences over time.
Actions that have been taken in 2022 to address the increased parking complaints include:
· An additional parking Officer devoted to Dangerous and Illegal Parking Requests on weekdays.
· Mobile tablets to improve receipt and response times, including customer notification
· Increased proactive patrols of existing areas of concern
· Improved reporting and analysis of Parking Requests to identify trends earlier.
· Reports provided to Traffic section for consideration of increased line marking or signage at specific locations.
Boat Trailers
Council’s
Public Domain Parking Policy notes that the use of kerbside space for the long term storage of trailers and caravans
can have a negative impact on neighbourhoods and streetscape and reduce the
capacity of on-street parking. At locations where there is a congregation of
long term trailer and/or caravan parking and storage, the policy notes that
Council may implement parking restrictions to discourage such activity on local
streets.
This could be in the form of time limited parking which would require the turnover of boat and trailer parking and decrease the long term storage of trailers and caravans in the street.
In November 2022, the NSW Government introduced the Public Spaces (Unattended Property) Act 2021, which replaced the Impounding Act 1993. One of the stated objectives of the Act is “…to ensure public spaces can continue to be used, shared and enjoyed by the community as a whole…”. In part, the Public Spaces (Unattended Property) Act provides increased regulatory options for Council to address motor vehicles (vehicle) that are impacting the public domain.
Prior to the introduction of this new Act, requests regarding suspected abandoned vehicles (including Trailers, Caravans and motor vehicles) were collected under the same reporting category. To date, Council has received almost 2000 requests in 2022. The new Act provides greater powers to address motor vehicles (the definition of this includes boat trailers, caravans and trailers) parked unlawfully or for extended periods on public roads within the LGA.
In summary, the Act allows Council to –
· Immediately remove a ‘motor vehicle’ that pose a safety risk or obstruction.
· Direct owners of an unregistered ‘motor vehicle’ to be remove the vehicle if it is unattended and has either remained in the same location or has been interfering with public amenity, continuously for 15 days. The direction must provide a minimum compliance period of 3 days. If the direction is not complied with Council may take possession of the vehicle.
· Direct owners of registered ‘motor vehicles’ to be remove the vehicle if it is unattended and has either remained in the same location or has been interfering with public amenity, continuously for 28 days. The direction must provide a minimum compliance period of 15 days.
Vehicles which are taken into possession, may be disposed of immediately if valued at under $1500, otherwise the owner has 28 days in which to reclaim the vehicle before they may be sold. Attachment 1 is a NSW Government Infographic which provides a simple explanation of the new Act with respect to parking.
The Act also provides opportunity for Council to recover some of the costs associated with enforcing the legislation. Penalty Notices (fines) may be issued for some offences under the Act. The NSW Government has recommended a 6-month grace period before penalties apply. A local media campaign highlighting the new Act and powers is in development. The Office of Local Government (OLG) has rolled out a series of online workshops for local government practitioners commencing late November / early December.
The Council Rangers have commenced a pro-active audit. This audit will provide a baseline for measuring reduction of the long term storage of boat trailers in areas of high complaints.
The OLG workshops will inform the next steps in the commencement of activities under the new Act. The community education campaign will include;
· Website information on the new Act including updating of unregistered and registered vehicles and implications and rollout of strategy
· A local media campaign highlighting the new Act and powers (in development).
· Pilot project with analysis of registered and unregistered boat trailers and warning stickers and letters to registered owners.
· Enforcement blitz only after 6 month grace period and evaluation education program (as per recommendation by OLG)
· Continued enforcement of parking restrictions to discourage such activity on local streets.
FINANCIAL IMPLICATIONS
The new Act includes sufficient cost recovery mechanisms to enable its implementation without financial burden to Council.
|
1.⇩ |
Infographic on new rules for vehicles |
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Land and Property Register
From: Councillor John Stamolis
|
Motion:
That Council to provide an update as to when the Land and Property Register will be updated and published.
|
Background
It was expected that Councils Land and Property Register would be updated in 2022 based on the original motion of October 2021. On the existing register, many items are out-of-date by some years.
Details of the previous motion are below.
Officer’s Comments:
Comment from Director Corporate:
Council staff have undertaken a significant review of the current Council Land and Property Register (over 1300 individual parcels) within the past 11 months to ensure that the information contained is accurate and up to date. This has included liaising with Crown Lands (for Crown land managed by Council) and the NSW Land Registry Services (land titling) to confirm ownership. Staff have also worked with our tenants to ensure that all lease details including ownership are correct.
A council report is being prepared incorporating procedures for the Property Team to maintain the Property Register with regular and agreed timeframes and in accordance with the requirements of the Local Government Act. This report will be presented to Council in February 2023.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Heritage Forum
From: Councillor John Stamolis
|
Motion:
That Council to conduct a Heritage Forum in the first half of 2023.
|
Background
This motion proposes that Council holds a heritage forum which will invite key staff, Councillors and the various community organisations involved in heritage and history of the Inner West.
The forum could include a number of 5 to15 minute talks along the lines:
· Heritage policy, management and conservation in the Inner West
· Risks to heritage
· Heritage grants
· Heritage awards
· Heritage resources held by the Inner West
· Talks from the key community groups
· Talks from heritage planners in the Inner West
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Gambling Harm Minimisation
From: Councillors Liz Atkins and Pauline Lockie
|
Motion:
That Council:
1. Writes to the Premier of NSW and the Leader of the NSW Opposition supporting calls for:
a) NSW to introduce universal mandatory cashless and harm reduction payment systems for poker machine gambling;
b) All poker machines in pubs and clubs to be turned off between midnight and 10am;
c) The establishment of a single, state-wide self-exclusion register funded by gambling taxation revenue, managed independently from the gambling industry, and overseen by an appropriate independent statutory body;
d) Councils to have a statutory right to be able to make submissions on every poker machine application in their community, regardless of Local Impact Assessment status, and appeal any decision made by the Independent Liquor & Gaming Authority; and
e) NSW poker machine data to be transparently published by venue at least every six months.
2. Commits again to applying to the Office of Responsible Gambling for at least one grant a year for a harm minimisation project designed in consultation with the Inner West community;
3. Recommences its annual Gambling Harm Minimisation Roundtable, open to the public, one focus of which is to develop a community education and awareness campaign in regard to gambling harm minimisation; and
4. Commends all pubs and clubs in the Inner West that are proudly pokies free, including the Petersham Bowling Club, Carlisle Castle Hotel and The Henson.
|
Background
NSW was the first state to legalise poker machines in 1956. It now has 20% of the world’s pokies. Latest data shows there were 86,640 machines in the state as of June 30 this year – more than any other state.
Approximately $95 billion in cash flows through poker machines in pubs and clubs in NSW each year including, according to the NSW Crime Commission’s Project Islington Inquiry into Money Laundering via Electronic Gaming Machines in Hotels and Clubs, billions of dollars of proceeds of crime.
Australians lost more than $11.4 billion to poker machines in pubs and clubs across 5 states in 2021. In NSW in the first six months of 2022 almost $4 billion was lost on poker machines.
The sheer scale of these losses, along with the high social costs of gambling addiction and money laundering, make it critical for governments to take meaningful action to minimise harm.
An Inner West problem
In the Inner West, there is approximately 1 gaming machine per 100 people. Our local government area ranks 52nd out of 99 in terms of clubs and 48th out of 93 for hotels in terms of revenue of gaming machines. During the period December 2021 to May 2022, net profits for gaming machines in the Inner West were $78 million. Our local government area ranks among the top 20 for gaming machine losses.
Giving local councils more say over the number and location of pokies in their local government areas would allow communities to strike a better balance between harm reduction, entertainment and social benefit appropriate to their neighbourhoods - rather than having excessive numbers of pokies simply imposed upon communities by state licensing authorities and government.
Saving lives and livelihoods
Gambling contributes to poverty, poor mental health, and suicide. The connection between gambling and domestic and family violence is well documented; gambling leads to an increase in both the frequency and severity of intimate partner violence against women as well as a higher prevalence of financial abuse.
A study by the Australian Gambling Research Centre published in September 2020 investigated the relationship between gambling and violence by men against their female intimate partners. While gambling was found not to directly cause intimate partner violence, it does reinforce the gendered drivers of violence to intensify the frequency and severity of intimate partner violence against women. The study also highlights the prevalence of economic abuse among women experiencing gambling-related intimate partner violence.
Bringing back live music
The introduction of poker machines in NSW pubs is also believed to have contributed to the decline of live music in these venues, including in the Inner West, as stages, bars and dining areas were removed to make room for pokies and venues became more reliant on gambling revenue.
Put Pokies in their Place campaign
In response to the harm gambling causes, Wesley Mission and a broad-based coalition of concerned supporters have commenced a campaign on five key reform measures, which are reflected in the motion and set out in more detail here: https://www.wesleymission.org.au/get-involved/put-pokies-in-their-place/.
The measures reflect what experts seeking to reduce gambling harm are calling for, as well as the recommendations made by the NSW Crime Commission, #1 of which was that the “Government introduce a mandatory cashless gaming system to minimise EGM [electronic gaming machine] related money laundering within pubs and clubs.”
Solidarity with Unions
A joint statement released by the UWU, NSW Council of Social Services and Wesley Mission noted that staff working in gambling venues are an under-recognised cohort of people who experience harm from gambling. They noted that staff are at greater risk of developing gambling problems than the general public, and called for reforms to reduce gambling harm. They also noted that those workers suffer harm due to the impact of dealing with people suffering from pokie addiction – the abuse, threats and dealing with vulnerable people who have lost everything.
While one of the key objections from some in the pubs and clubs industry to has been the claim that introducing cashless gaming would lead to job losses, the United Workers Union that represents gaming room employees has disputed this, noting that the hospitality industry generally faces a labour shortage.
Restating Council’s commitments
Council had resolved on 5 February 2019 to host an annual Gambling Harm Minimisation Roundtable, open to the public, to help minimise gambling harm Council also resolved to commit to applying to the Office of Responsible Gambling for at least one grant per year for a harm minimisation project designed in consultation with the Inner West community, which we have done successfully in the past. Recommitting to both of these actions post-Covid will allow Council to continue to take action at a local level to minimise the harm gambling causes our community.
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Congratulate Boomali Aboriginal Artists Cooperative on 35 Years
From: Councillor Marghanita Da Cruz
|
Motion:
That Council write to the artists of Boomalli Aboriginal Artists Cooperative congratulating them on their contribution to culture in Leichhardt, the Inner West and beyond. |
Background
Boomalli Aboriginal Artists Co-operative was established in 1987 by Euphemia Bostock, Fiona Foley, Michael Riley (dec.), Tracey Moffatt, Jeffrey Samuels, Bronwyn Bancroft, Avril Quaill, Fern Martens, Arone Meeks and Brenda L. Croft.
“These ten Artists were striving for recognition from the mainstream art society and their diversity was unparalleled. They challenged preconceptions around urban-based Aboriginal Artists and created a unique space for themselves within the art world.
The Co-operative's existence and continued longevity has been an enabler for hundreds of Aboriginal Artists. “ Read more at Boomalli Website https://www.boomalli.com.au/about-1/
Boomalli is located at 55-59 Flood St Leichhardt, their PO Box 176 Westgate NSW 2048 from it’s time on Parramatta Road Annandale.
According to Wikipedia’s reference to Hinkson, M.; Harris, A. (2010). Aboriginal Sydney: A guide to important places of the past and present Second edition. Aboriginal Studies Press. p. 111. ISBN . Retrieved 16 November 2022 Boomalli has its roots in the National Black Theatre based in Redfern in the 1970s.
The work of the founding artists of Boomalli can be found in the NSW Art Gallery and National Gallery of Australia. Blak Douglas aka Adam Hill who won this year’s Archibald Portrait prize has exhibited often at Boomalli.
Wally Caruna’s 1993 book “Aboriginal Art” notes the formation of Boomalli following the “ground-breaking” exhibition Koori Art ‘84. Jeffrey Samuel’s work ‘This changing continent of Australia” was acquired by the Art Gallery of NSW. Caruna describes the work of photographers Brenda Croft and the late Michael Riley as presenting a “powerful alternative to the negative stereotypes of Aboriginal People” while Fiona Foley was inspired by more traditional settings of Fraser Island in particular. The book includes images of Euphemia Bostock’s Possum skin print and Bronwyn Bancroft’s Cycle of Life cape.
Boomalli's 35th Anniversary Exhibition “Duration” features posters, flyers, photographs and films from 1987 to now. Duration runs 25th November to 28th January 2023. More at https://www.boomalli.com.au/
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Development of Flood Plains
From: Councillor Marghanita Da Cruz
|
Motion:
That Council:
1. Acknowledges the serious risk that flooding presents to communities in an era of changing climate;
2. Fully supports the measures already incorporated into IWC plans and strategies to protect communities in the Inner West from flooding risks, especially through the diligent application of those measures in planning decisions; and
3. Consider planning proposals that are in accordance with the relevant planning legislation regarding resilience and hazards, and that are commensurate with flood behaviour and include consideration of the potential flood impacts both on and off the subject land. |
Background
Council has long recognised that flooding represents a significant risk to Inner West residents and communities. Prior to the merger, the former constituent Councils were among the more advanced councils in their flood planning.
The risks posed by floods have increased significantly as a consequence of our changing climate. Council has responded to the threat by making planning for hazards and climate change its No.1 planning priority in our Local Strategic Planning Statement.(1)
A recent, peer reviewed article published in the international journal, Science, looked at 20 year records for Sydney rainfall. It found that dangerous flash flooding was increasing much faster than previously expected. The abstract states:
Short-duration, extreme rainfall can cause dangerous flash flooding, threatening life, infrastructure and the landscape. Studies of this type of event have focused mainly on daily rain totals, not considering how precipitation might vary on shorter time scales. Ayat et al. analyzed sub-hourly rainfall extremes near Sydney, Australia, over 20 years and found that they are increasing much faster than those over longer periods. Better understanding of such extremes is vital for effective climate adaptation and to reduce the vulnerability of populated regions.(2)
The Sydney Morning Herald reported the findings saying:
Extreme and potentially dangerous bursts of rain have intensified by an “alarming” 40 per cent in Sydney over the past two decades, with climate researchers flagging major implications for how cities deal with flash-flooding and drainage.(3)
The need to take flood risks seriously is reflected at every level of planning.
The Eastern City District Plan states:
Planning for population growth and change needs to consider exposure at a local level as well as cumulative impacts at district and regional levels…..In planning for growth, consideration of natural hazards and cumulative impacts include avoiding locating growth and development in areas exposed to natural hazards and limiting growth in existing communities that are exposed and vulnerable to natural hazards. In exceptional circumstances, there may be a need to reduce the number of people and amount of property that are vulnerable to natural hazards, through managed retreat of development”(4)
The Ministerial Direction under s.9.1(2) of the Environmental Planning & Assessment Act 1979 dealing with resilience and hazards, being Direction 4.1 Flooding, provides that:
(3) A planning proposal must not contain provisions that apply to a flood planning area which:
(a) permit development in floodway areas;
(b) permit development that will result in significant flood impacts to other properties;
(c) permit development for the purpose of residential accommodation in high hazard areas;
(d) permit a significant increase in the development and/or dwelling density of that land…
Council’s own Housing Strategy notes:
Flooding was also considered a constraint. Figure 27 [which shows Council’s flood planning areas] illustrates the locations that are subject to flooding. While this does not prohibit development in many cases, areas that are subject to flooding may not be suitable for substantial uplift as a result of evacuation requirements. Similarly, flood impacts may require built form modifications to address risk, which may not optimise urban design outcomes.(5)
Similar restrictions and warnings are found in the Inner West LEP at clause 5.21, in the State Government’s Floodplain Development Manual, in Planning Circular PS 21-006, and in the Report of the 2022 NSW Flood Inquiry, as well as a great many other documents.
However, despite all the well-meaning statements, strategies, plans and polices around the importance of flood planning, it seems that some sections of government (and this Council) are still reluctant to treat the matter with the seriousness and consideration that our plans demand. Hence this motion to re-emphaise what should be plain to all – that the impacts of climate change are real and that we must treat them seriously, especially in how we plan our area.
Endnotes
(1) Inner West Local Strategic Planning Statement March 2020 p.32 Item 1.1.
(2) “Intensification of Subhourly Heavy Rainfall” Hooman Ayat, Jason Evans, Steven Sherwood & Joshua Soderholm, Science Vol 378 No.6620 November 2022.
(3) SMH Extreme rain deluges Intensifying over Sydney, study finds. Michael Koziol 11 November 2022
(4) Eastern City District Plan March 2018 Greater Sydney Commission p.118-119
(5 )Our Inner West Housing Strategy March 2020 p.111
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Demerger Submission must reflect vote of the Inner West Community
From: Councillors John Stamolis and Justine Langford
|
Motion:
That Council:
1. Note the resounding poll result of the Inner West community for “YES to demerge and to restore the three original Councils” which was conducted one year ago;
2. Note that NSW Government has legislated funding for council demergers;
3. Note that the original expectations for savings and an improved budget position of the merged council have not been realised;
4. Note the concerns which have been expressed by community about Councils draft submission,in particular, that Council have not produced a case for demerger;
5. Note the lack of any expert review of Councils draft submission;
6. Revise and improve its draft submission by consulting the community and local government experts in order to prepare a proper ‘demerger submission’ and transition plan to restore the three previous Councils; and
7. Revise and improve its draft submission by consulting the community and local government experts in order to prepare a proper ‘demerger submission’ and transition plan to restore the three previous Councils.
|
Background
It is twelve months since the community successfully voted 62.5% to demerge Inner West Council and to restore the three previous Councils.
The draft submission that Council has commissioned is inadequate and it has not been reviewed by experts.
Council must prepare a proper submission for demerger and a transition plan to restore the three councils that also mitigates any risks.
The Mayor has written to the Minister in regard to funding of the demerger despite the local government act making clear that demerger costs would be funded by the government.
A comprehensive business case with a transition plan for a demerger has not yet been prepared or presented by Council. This must be done soon.
Residents in the Inner West will be interested to see if their Council is committed to respecting local democracy, and in particular willing to follow through on the wishes of 62.5% of the community to demerge Inner West Council.
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Screening the 2023 FIFA Women's World Cup
From: Councillor Dylan Griffiths
|
Motion:
That Council: 1. Note that the FIFA Women's World Cup will be hosted by Australia and New Zealand, and is scheduled to take place from 20 July to 20 August 2023;
2. Note that while the opening game is scheduled to be held in New Zealand, the final is scheduled to be held in Sydney;
3. Note the success of the recent world cup screening of Australia v Tunisia in Lackey Square, Summer Hill. The event brought hundreds of residents together and was economic success for local businesses; and
4. Request a report from officers outlining opportunities to publicly screen the 2023 Women's World Cup games across the Inner West. The report is to address potential screening locations, approximate cost per screening, identify funding sources, and options regarding the number of screenings including an option for every Matilda's game.
|
Background
On the 26th of November Council organised and funded a public screening of the Australia v Tunisia World cup game. The screening was very popular with the community and a success. Due to time differences this is one of the few World Cup games that can be screened at a reasonable time.
The FIFA Women's World Cup will be hosted by Australia and New Zealand, and is
scheduled to take place from 20 July to 20 August 2023. The Matilda's are
internationally recognised as a strong team and performed well in the group
stages.
Council's engagement with the world cup through public screenings are a
significant economic opportunity for the community including local
businesses. This motion builds upon councils track record of promoting
women in sport.
Officer’s Comments:
No further comments were required for this Notice of Motion.
|
|
Council Meeting 6 December 2022 |
Subject: Notice of Motion: Soft Plastics Recycling
From: Councillors Mathew Howard and Kobi Shetty
|
Motion:
That Council:
1. Notes the suspension of the soft plastic recycling program operated through major supermarkets by REDcycle;
2. Notes Australians use approximately 70 billion pieces of soft plastic each year, the vast majority of which is not recycled;
3. Investigates alternative soft plastics recycling programs that may be offered through council’s Green Living Centre, the Summer Hill Reuse Centre, SSROC, existing partnerships including Recycle Smart, or opportunities to allow soft plastics to be collected in the kerbside recycling, such as the Curby program;
4. Continues to advocate strongly for a robust and sustainable circular economy, including the prevention and reduction of soft plastics use, including:
a) Producing a social media campaign to encourage consumers to refuse and reuse soft plastics and ways to eliminate soft plastic use, particularly while soft plastic recycling is suspended;
b) Supporting initiatives including Plastic Free July; and
c) Consulting with local organisations and resident groups to determine ways council can cooperate and support their work to reduce plastic use, intensify reuse and promote recycling.
5. Requests officers provide an urgent briefing note advising the likely impact on Council's waste services, including additional costs for landfill and detailing options for and limitations associated with the expansion of soft plastics recycling by local governments in NSW;
6. Writes to the CEOs of Woolworths and Coles conveying the concerns of inner west residents at the suspension and to request they urgently progress action to reduce the use of soft plastics at the source, resume soft plastics recycling and for take responsibility for product stewardship;
7. Writes to the Premier of NSW and the NSW Minister for Environment and Heritage seeking detailed information on how the NSW Government plans to meet its target for 100% of plastic packaging to be fully recyclable by 2025 and advocating for the implementation of a packaging stewardship scheme for soft plastics that sees the introduction of full cycle producer responsibility for packaging as a matter of urgency; and
8. When nominations open, nominate soft plastics be added to the Federal Government’s product stewardship priority list 2023-2024 under the Recycling and Waste Reduction Act (RaWE Act 2020). |
Background
The community is deeply concerned by news that RedCycle is suspending its soft plastics recycling services following a fire at their facilities.
The closure of the soft plastic recycling program operated by REDcycle is a blow to recycling of plastics in our community, one that could see an increase in plastics going to landfill and increased costs to residents through increased costs for landfill. It is also likely to see an increase in plastic packaging dumped in our streets and waterways, and a generally negative impact on our environment.
Woolworths and Coles have reportedly removed soft plastics recycling bins from stores and it is currently unclear when soft plastics recycling at RedCycle will resume
The Minderoo Foundation notes Australians generate 60 kilograms of single-use plastic a year, more than any other nationality in the world.
While governments across Australia are moving to ban and eliminate single-use plastics, the suspension of soft plastics recycling has exposed the fragility of the recycling industry in Australia.
While both the State and Federal governments have set targets to eliminate plastic packaging by 2025 and the Federal Government has a legislative and regulatory framework to increase product stewardship and recycling, the NSW Government have been laggards in relation to managing our waste problems, being the last State to introduce a ban on single-use plastic bags, and only recently limiting the sale of various single use plastics.
As the level of government that continues to most closely manage waste streams, local councils continue to advocate strongly to establish a circular economy, to improve recycling schemes and to provide critically important information and messaging to residents and consumers, including around avoidance, reuse/alternatives and buying recycled.
Many governments argue that they seek self-regulation of various aspects of our economy, but this is almost always an excuse for big business to avoid their corporate responsibility to society. This is not an acceptable model of recycling for our society or environment.
It is clear that self-regulation in this case has failed our community.
Movement to a direct government regulated system of recycling based on the principles of the circular economy should see a long term decrease in soft plastic pollution.
The Circular Economy is based on three core principles:
· Design out waste and pollution
· Keep products and materials in use
· Regenerate natural systems
The onus and pressure must remain on retailers like Woolworths and Coles to manage and reduce the impact of their waste streams through increased product stewardship.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: De-Amalgamation Risks
From: Deputy Mayor Philippa Scott
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Motion:
That the EY Demerger Summary Risk Report, be included in the De-amalgamation Business Case.
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Background
At the meeting held on 17 August 2022, the Audit, Risk and Improvement Committee (ARIC) considered and noted an analysis of risks identified in relation to the De-Amalgamation process.
The report is of an initial analysis and identification of risks that will need significant consideration and planning should the Minister decide to proceed with the De-Amalgamation. Ernst and Young (EY) and the Governance and Risk team undertook this initial analysis, consulting with key stakeholders responsible for relevant functions across the Council. The process identified twenty-three (23) key risks categorised by whether they primarily relate to governance, people, operational, technological or financial matters.
The risk rating criteria applied in the analysis is consistent with the risk management standard and governmental guidelines. An ‘extreme’ risk rating applies to risks which are either likely or almost certain to occur in a one-year period, and which could have ‘major’ or ‘catastrophic’ consequences. A ‘high’ residual risk rating applies to risks which are either possible with a ‘major’ or ‘catastrophic’ consequence, or which are either likely or almost certain to occur and may have a ‘moderate’ consequence.
Risks with ‘catastrophic’ consequences are defined as those which severely impact the future operation of Council and have a widespread and long-term impact on many services, with a large and unmanageable impact on Councils budget or affect its financial viability. Risks with ‘major’ consequences have a significant impact on the operations of Council, possibly extending for days or weeks and requiring disclosure to residence. They may impact the budget by approximately or more than $500,000.
The ARIC discussed the significant implications if Council staff were to now commence work on preparing for the potential de-amalgamation and the identified mitigations but it was the strong view of management and ARIC that doing so would be extremely disruptive and dangerous for the current Inner West Council operations, by diverting resources and attention from business-as-usual activities, including ongoing work to mature and improve Council operations.
The ARIC discussed that many risks are outside of Council’s control at the present time. Or Council’s ability to mitigate them will be materially impacted by decisions made by the Minister.
Ministerial decisions which may heighten risks or inhibit Council’s ability to mitigate them include decisions in relation to the governance arrangements during any transition (Council to continue or an Administrator being appointed being two key options), the funding to be granted, the timing to effect any decision and as to future entity structure and boundaries.
These matters may be particularly relevant to many of the ‘extreme’ or ‘high’ residual risks identified in the report. The residual risks which rated as ‘extreme’ are:
· Lack of understanding of the complexities in relation to demerger leading to unrest and frustration across residents and IWC staff.
· Inability to establish and maintain the ICT infrastructure, systems and processes required by the demerged entities to ensure that operations can continue effectively.
· The demerger period is declared to be unrealistic or too early, resulting in poor implementation and transition to the Demerged Councils.
· Councils do not set themselves up to be financially sustainable resulting in instability within newly formed Councils and potentially leading to failure.
· Major operational disruption prior to incident management and Business Continuity arrangements being established, leading to disruption in operations of essential community services provided by the Council.
There are a further eight risks with a ‘high’ residual risk identified in the report, encompassing issues of governance, structure, heightened risks of fraud or corruption due to disruption, cultural issues within the workforce, along with technological, operational and staffing challenges and constraints.
Deep consideration by the Council and the Community of these potential implications is warranted given their potential impact to the Council and ultimately on the community through impacts to the current Council and the demerged entities’ ability to provide critical community services if the Minister decides the De-Amalgamation should proceed.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
IWC De-Amalgamation Risk Identification Project - Summarised Results |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Deamalgamation business case
From: The Mayor, Councillor Darcy Byrne, Councillor Jessica D'Arienzo and Deputy Mayor, Councillor Philippa Scott
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Motion:
That Council:
1. Submits the business case as considered by Council at the September 2022 meeting to the Boundaries Commission for determination, with the Ernst and Young risk report attached; and
2. Writes a covering letter to Boundaries Commission with the submission of the business case that sets out clearly that de-amalgamation, should it occur, be done only on the following terms:
a) That the full costs of the de-amalgamation being between $178 million - $190 million be paid in full by the NSW Government, prior to the commencement of the de-amalgamation, with no costs to be borne by Inner West ratepayers; and
b) That the duly democratically elected representatives of Council will remain in office and the NSW Government will not install an interim unelected administrator.
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Background
This business case is submitted in accordance with the commitment of the Council to respect the outcomes of the de-amalgamation poll conducted in December 2021, in line with the resolution passed unanimously in February 2022 to develop a business case, interim reports to Council in August, September and October 2022 on the progress of the business case, and Councillor briefings held between those meetings.
It should be noted that a final interim report, a risk report completed by Ernst and Young was on the agenda in confidential session at the November meeting. However, it was withdrawn until such time as a public version could be made available, and as the final piece of the de- amalgamation business case package, is now on the agenda for the December meeting along with the overall business case. It is recommended that it is included in the final submission to the Boundaries Commission.
It should further be noted that the Mayor has written twice to the Minister for Local Government to request her commitment to paying the full cost of de-amalgamation should it occur, and to continuing democracy in the inner west throughout any demerger process. Though she has not committed to any such arrangement, out of an abundance of respect for the results of the poll, and to ensure a timely submission, it is now recommended that the business case be put to the Boundaries Commission with those very reasonable requests framing the terms of the proposal for de-amalgamation.
Thanks are extended to the community for their participation in the December 2021 poll and associated community consultation held to flesh out the business case, and to Council staff for facilitating a thorough process.
Officer’s Comments:
No further comments were required for this Notice of Motion.
Due to the large size of the attachment, attachment 1 has been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
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1.⇨ |
IWC - Demerger Business Case – Published seperatly |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Sydenham Road and Fitzroy Street, Marrickville
From: Councillors Mathew Howard and Zoi Tsardoulias
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Motion:
That Council:
1. Notes the dangerous intersection of Sydenham Road and Fitzroy Street;
2. Acknowledge the urgent need for traffic lights to be installed to improve pedestrian, cyclist and motorist safety; and
3. Writes to the Minister for Metropolitan Roads and Minister for Women's Safety and the Prevention of Domestic and Sexual Violence, the Hon. Natalie Ward MLC, asking that Transport for NSW work with Inner West Council to investigate the installation of traffic lights at the intersection and to improve pedestrian safety at the location as a matter of priority.
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Background
The intersection of Sydenham Road and Fitzroy Street is particularly dangerous.
In addition to the current construction traffic associated with Wicks Place and the new Sydney Metro Station at Sydenham Station, the intersection is seeing increased traffic from the upgraded Marrickville Metro, as well as increased pedestrian movements due to the increase in local businesses in the area.
Pedestrian activity is likely to increase significantly with the opening of the new Metro Station at Sydenham in 2024.
Local residents and the Board of Directors of the Marrickville Bowling Club have raised concerns about safety for all road users.
Further advocacy is required to pressure the State Government to act.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Campbell Street, St Peters
From: Councillor Mathew Howard
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Motion:
That Council:
1. Condemns WestConnex and Transport for NSW for refusing to properly manage the verges and green spaces around WestConnex sites, including on Campbell Street, St Peters;
2. Notes residents, councillors, Council staff, and the Member for Heffron, Ron Hoenig, have been advocating for almost a year for proper maintenance to be conducted along Campbell Street, St Peters, with Transport for NSW only undertaking minor and irregular works;
3. Notes the concerns of Inner West residents at the quality of green spaces associated with WestConnex and Transport for NSW projects, including the so-called park at the St Peters Interchange, subsidence at the netball courts at Richard Murden Reserve, Haberfield, and the proposed Rozelle parklands, where the NSW Government has wound-back plans for public infrastructure;
4. Writes to the Minister for Metropolitan Roads and Minister for Womens’ Safety and the Prevention of Domestic and Sexual Violence, the Hon. Natalie Ward MLC, demanding:
a) That urgent remediation works be undertaken on Campbell Street, St Peters, including the elimination of weeds that have now seeded;
b) That a regular, frequent, effective schedule of maintenance be approved for Campbell Street, St Peters and that this be publicly shared with council and the community; and
c) That the NSW Government acknowledge and address the deep concerns of Inner West residents at the appalling quality of green space associated with WestConnex and Transport for NSW projects.
5. Considers all available options to enforce Transport for NSW’s responsibilities for managing the lands on Campbell Street, St Peters.
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Background
WestConnex and Transport for NSW currently manage the lands along Campbell Street, St Peters, and are responsible for weeding and maintaining the green spaces along the street.
An agreement exists for Inner West Council to assume responsibility and ownership for these lands, however, the transfer of ownership is yet to occur and as part of the agreement, Transport for NSW is responsible for managing these lands until a transfer has occurred.
Since the lands were established and planted, residents have raised concerns at the lack of maintenance. Weeds have seeded, degrading the quality of open space, and posing additional maintenance challenges for council and residents.
Inner West Council has strongly advocated for a frequent, effective schedule of maintenance for Campbell Street, St Peters, with little subsequent action from Transport for NSW.
Inner West Council continues to raise concerns about the safety of Transport for NSW owned greenspace at the St Peters WestConnex interchange and to question the quality of open space that will be provided by Transport for NSW at the WestConnex Rozelle Interchange
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Transport for NSW Fail
From: Councillor Mark Drury
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Motion:
That Council: 1. Calls on the NSW Minister for Roads immediately provide the long suffering residents of Milton St Ashfield with a project update on the Georges River Road and Milton Street, Ashfield Intersection Upgrade with explanations for any variations in the published scope of the project;
2. Asks the Minister to insist that more rigorous noise testing
of any work done between 8pm and 5am and improved noise attenuation; and 3. Requests that all Blackwood Ave Ashfield be resurfaced by Transport for NSW due to the impact of the project and increased use of this Ave by those working on the Upgrade
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Background
Georges River Road and Milton Street, Ashfield Intersection Upgrade has been going on since December 2020.
The September 2022 Update says “Transport for NSW expects the work to be completed by late 2022.”
Residents have endured night work hours will be between 8pm and 5am from Sunday to Thursday for too long.
Transport for NSW have advised residents that resurfacing Blackwood avenue is out of scope despite the impact of the increase use of this small cul de sac during construction.
The project appears to be some way form completion but all residents have is a September 2022 update (Attachment 1)
I thank the member for Summer Hill for her advocacy for these residents and trust when she is Minister she will insists residents are treated better. (Attachment 2)
Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
Georges River Milton St Ashfield community update |
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2.⇩ |
Milton Street intersection works |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Action on Community Safety
From: Councillor Mark Drury
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Motion:
That Council:
1. In consultation with the community, local architects and businesses and the police the Inner West Council develop an Inner West Community Safety Action plan; and
2. As part of this process Council work with the community, Bill Crews Foundation, Three Bridges, the Village project and the police to hold a public meeting in Summer Hill about Community Wellbeing and Safety.
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Background
The Inner west Council takes has an number of initiatives and resources available to promote community safety. Now is the time to bring these together into a Community Safety Action Plan.
The Community Safety Action Plan is about creating a sense of community and security.
This is achieved via community involvement in the development and delivery of targeted initiatives that improve the quality of life and safety of residents and workers in the local government area.
Action on Community Safety is not just about policing it is the responsibility of all levels of government, law enforcement, town planners, developers architects, local businesses and the community more broadly, to actively develop and implement strategies, programs and projects to improve community safety.
Action on Community Safety is not just about social and community projects, it’s about Council using the principles of Crime Prevention through Environmental Design in our projects and exploring how we can use our planning powers to encourage home renovators and developers to incorporate Crime Prevention Through Environmental Design. It’s not about putting up spy cameras.
The overarching aim is to reduce fear, promote community as well as incidence of crime and violence.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Leichhardt Tramsheds Car Park
From: Councillor Timothy Stephens
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Motion:
That Council:
1. Notes that the Leichhardt Tramsheds have been in a disused state for over 50 years;
2. Notes that while no actual progress on developing the Leichhardt Tramsheds site has been made, an MOU between the state agency, Property NSW, that owns the site and Sydney Secondary College allows the College staff to use one part of the Tramsheds as a carpark during school hours (Monday to Friday, 9am-3pm);
3. Writes to the Planning Minister, Anthony Roberts to request that a further MOU be developed between the state agency and Inner West Council to share use of the existing carpark by operating it as a free Council carpark after hours during the week and on weekends for the benefit of local businesses; and
4. If such an MOU is arranged, support local businesses with signage and other decorative wayfinding from the existing carpark to Norton St businesses.
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Background
As noted at Council in March, the abject failure of the state government or the member for Balmain to propose any creative use of the Leichhardt Tramsheds site is one of the worst wastes of excess land in the inner west. The preferred use of the land is adaptive reuse of the Tramsheds buildings, as community space that would benefit multiple groups. The community does not have proper visibility of the state of the buildings, and this is likely to be an expensive option however, there is support from multiple stakeholders including Sydney Secondary College and Leichhardt Saints who use the SSC Sportsfield as their home ground.
An alternative option is that if the NSW Government would agree, Council would be happy to take on the land and create a public park joining Pioneers Park and the SSC Sportsfield as a large public greens space. This is probably only possible if the government agreed to demolish Tramsheds buildings. In any case, it is intensely frustrating that this land sits vacant and deteriorating while we have such a pressing need for green space, sporting groups, community and educational facilities.
In the interim, to support local businesses, it is proposed that the existing carpark, while not a preferred long-term use of the land, be opened up to public use after the hours it is required by the school. The carpark is on Tramsheds property, not school property, as such this is a matter for the Planning Minister and Council to manage. Once the land is required for a more valuable use, it could be returned to the overall Tramsheds parcel.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Bring Julian home; drop the charges
From: Councillor Justine Langford
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Motion:
That Council:
1. Writes to the President of the United States, Joe Biden, expressing Council’s desires that President Biden:
a) show clemency by intervening in the extradition and prosecution of Mr Assange; and
b) instruct the US Attorney-General and the US Department of Justice to withdraw all charges on medical and humanitarian grounds;
2. Writes to the Prime Minister of Australia, the Right Honourable Anthony Albanese, and to Minister for Foreign Affairs, the Honourable Senator Penny Wong, requesting them to write to the President of the United States and to the US Ambassador to Australia, Ms Caroline Kennedy, expressing Australia’s concerns regarding Mr Assange’s prosecution.
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Background
A poll conducted by the Sydney Morning Herald in January 2022 showed 71% support for Mr Assange being returned to Australia.
Julian Assange is an Australian citizen and a journalist with WikiLeaks who aided in exposing possible war crimes and civilian casualties in the release of documents which included Afghanistan War logs in 2010 and Guantanamo Bay files in 2011, supplied to WikiLeaks by Chelsea Manning, a former United States Army intelligence analyst.
Mr Assange genuinely believed his actions were for the purpose of government accountability, transparency and integrity, the broader public interest and in the interest of justice.
Since the publication of those documents Mr Assange has been forced into isolation or imprisoned over the course of 10 years (including four years in His Majesty’s Prison Belmarsh) resulting in the serious deterioration of his health and mental wellbeing.
Mr Assange’s impending prosecution by the United States of America constitutes a serious attack on the fundamental democratic freedoms of the press.
There are questions about the legitimacy of prosecuting Mr Assange in the United States through that country’s Espionage Act of 1917 (carrying a penalty of up to 175 years imprisonment).
It is questionable whether the Act applies to non-US citizens either living and / or working in other countries, at the time of any alleged offending.
By approving the extradition, the UK Government may be violating the US-UK Extradition Treaty and international law which states that extradition should not be for political purposes.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Cooks River Community Call for Action
From: Councillor Justine Langford
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Motion:
That Council: 1. Note the Cooks River – A Community Call for Real Action letter submitted by the Cooks River Community Collective (CRCC) to Cooks River Stakeholders, including Inner West Council, seeking support and a call for action for better outcomes for the Cooks River; 2. Give in principal support to the actions and objectives proposed by the CRCC, noting the timeline for completion of 1st November 2023; 3. Note that the CRCC represents various community groups with a strong interest in the Cooks River and catchment. These groups include the River Canoe Club, Cooks River Valley Association, The Mudcrabs, Canterbury Racecourse Action Group, Wolli Creek Preservation Society, Marrickville Golf Sporting and Community Club, The Crab Walkers and Cooks River Initiative to Transform the Riverbank; 4. Host a round-table discussion with key representatives of the Cooks River Community Collective and other Cooks River stakeholders, such as the Cooks River Alliance, Sydney Water and Canterbury Bankstown Council in early 2023 to discuss how the CRCC objectives might be achieved and funded within the nominated timeframe; 5. Investigate how the CRCC actions fit into the Inner West Council’s Cooks River Corridor Masterplan, the Cooks River Alliance Strategic Plan 2022-2025 and other relevant strategies; and 6. Request a report be presented back to the next available Council meeting, following finalisation of the draft Cooks River Alliance Strategy which outlines what opportunities there are for Inner West Council to directly take steps to positively contribute to the actions requested by the CRCC.
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Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
Cooks River – A Community Call for Real Action - An Open Letter and Invitation to Cooks River Stakeholders |
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2.⇩ |
Final draft of Cooks River Alliance Strategy 2022 - 2022 |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: GreenWay Funding Guarantee
From: Councillor Justine Langford
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Motion:
That Council writes to the NSW Premier, Dominic Perrotet; the Minister for Transport David Elliot; the NSW Opposition Leader, Chris Minns and Shadow Minister for Transport, Jo Haylen, calling on them to commit to fast tracking funding, to be spent in the next term of government, to enable the current GreenWay “long term” culvert works at Old Canterbury Road and Dulwich Grove to be redefined as “short term”, enabling them to be completed at the same time as other proposed short term culvert works within the corridor.
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Background
The GreenWay vision has always been to create a dedicated off-road bike/pedestrian path within the former Dulwich Hill rail corridor. Culverts beneath road overpasses, five in all, have always been the essential elements in achieving this aim. Despite this and despite the GreenWay being included as Priority Route 1 in the 2010 NSW Bike Plan, the current GreenWay Master Plan and Drawings relegate the Dulwich Grove and Old Canterbury Road culverts to the status of “long-term options”.
At Dulwich Grove the current preferred “short-term option” is for the pathway to climb out of the corridor from the south, then move west onto Hercules Street, cross at the existing pedestrian crossing and then to head north connecting to the existing elevated pedestrian path. It then descends again into the corridor by a new ramp on the west of the station. This is particularly unsatisfactory as it would force pedestrians out of the corridor, significantly impeding their safe and easy travel within the corridor. It would also force pathway-users who wanted to bypass Dulwich Hill to ascend and descend steep ramps rather than simply ride through at grade. This option represents a significant departure from the GreenWay vision.
At Old Canterbury Road the current proposed short-term option consists of traffic lights and a pedestrian crossing. This will slow down pedestrians and cyclists. Safety will be compromised by maintaining the integration of cyclists with cars. This option will also slow down traffic on Old Canterbury Road. It is a lose/lose solution for cyclists, pedestrians and motorists. The current long-term option of providing a culvert under Old Canterbury Road should be brought forward for completion along with other short-term works.
For the GreenWay vision to be realized it is essential for the culverts to be constructed at Old Canterbury Road and Dulwich Grove. Once completed, the GreenWay will provide over 100 years of alternative transport infrastructure. A dedicated path within the GreenWay will improve safety, deliver easy access and provide the best infrastructure for residents of the Inner west and Sydney.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Livingstone Road Cycle Way upgrades and safety improvements
From: Councillor Justine Langford
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Motion:
That Council:
1. Make urgent safety upgrades and improvements to the Livingstone Road Cycle Way (Local Route 3) as identified by Council staff and representatives of Bike Marrickville and the Inner West Bicycle Coalition;
2. Investigates funding options to pay for the completion of
important upgrades and safety improvements to the Livingstone Road Cycle Way (Local Route 3) that cannot be funded out of the
existing operational budget; and 3. Reports back to Council by March 1, 2023 about the funding and timing of the proposed upgrades.
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Background
Council is improving bicycle routes across the inner west to make it safer, more convenient and enjoyable for people of all ages and abilities to ride a bike.
The Livingstone Road Cycle Way runs from Randall Street to Marrickville Park, Marrickville. The project was completed in July 2022.
The new cycleway is located on the western side of Livingstone Road and includes a bi-directional separated cycleway and sections of shared paths where there isn’t enough space to build a separated cycleway. Shared environment intersections at street crossings, foot path improvements and landscaping were included to improve facilities and safety for both cyclists and pedestrians.
Recently Council staff, representatives of Bike Marrickville and the Inner West Bicycle Coalition and I conducted a tour of the new path. It was found that there were numerous safety issues and opportunities to improve the path.
Link to Council website:
Livingstone Road, Cycle Path - Inner West Council (nsw.gov.au)
Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
List of upgrades from Bike Marrickville and the Inner West Bicycle Coalition |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Exclusion from the Low Rise Housing Diversity Code
From: Councillor Justine Langford
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Motion:
That Council write to the NSW Premier, Dominic Perrotet; the Minister for Planning and Homes, Anthony Roberts; the Minister for the Environment and Heritage, James Griffin; the NSW State Opposition Leader, Chris Minns and Shadow Minister for Planning and Public Spaces, Paul Scully calling on them to commit to excluding the Inner West Council local government area from the provisions of the Low-Rise Housing Diversity Code, State Environmental Planning Policies (SEPP). |
Background
The Low Rise Housing Diversity Code (LRHDC) allows dual occupancies, manor houses and terraces (up to two storeys) to be carried out under a fast-tracked complying development approval pathway. It means that existing free-standing historical buildings in residential zones that do not have heritage protection can be demolished and replaced by multiple dwellings on the same lot. These applications only need the approval of a private certifier. There is no requirement to consult the community and the council has no power to prevent demolition.
The predecessor of the LRHDC was rolled out in 2017. After protests the Minister gave a temporary reprieve to some Councils. Inner West Council was one of these. After a year the reprieve was lifted and the historic houses of the Inner West again became vulnerable.
Under NSW legislation buildings and areas can be excluded from the provisions of all SEPPs. This can be done through listing as a Heritage Item (HI) or being located within a Heritage Conservation Area (HCA). While this is good, many fine historic buildings in the Inner West are not covered by these heritage exemptions. The requirements to establish an HCA or HI are costly, time consuming and difficult. It is unlikely that the Inner West Council would have the resources to undertake the necessary studies to justify heritage protection under the current rules. The inability to secure heritage protection does not mean that the remaining housing stock does not have historic value and is not worth preserving.
Inner West houses were generally built prior to 1939. These Victorian, Federation and Inter–War buildings are the bedrock character of the Inner West. They are part of Sydney’s rich history and should be seen as a single and unique heritage area.
The LRHDC seeks to improve residential density across our city. The state government and Council should explore how density can be achieved without requiring the demolition of our precious historic houses.
The Low Rise Housing Diversity Code - (nsw.gov.au)
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - NSW Legislation
Officer’s Comments:
No further comments were required for this Notice of Motion.
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Natural area restoration opportunity
From: Councillor Justine Langford
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Motion:
That Council Investigate the best way to restore and develop a natural area in the triangle of land at Marrickville Golf Course, located between Chadwick Avenue and Alfred Street, Marrickville, uphill of Tee 17. This site has great potential for rewilding with native plants, a bushtucker garden, creation of wildlife habitat and restorative landscaping to create pathways and places to sit for quiet contemplation.
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Background
The land is within the Marrickville Golf Course Lands, adjacent to the Cooks River and near other bushcare sites is managed by Council and the Mudcrabs.
Council will need to consult with the Marrickville Golf, Sporting and Community Club about the land use as they hold a lease over the land.
Any site upgrades will need to be consistent with the Golf Course Plan of Management.
Officer’s Comments:
Comment from Director Planning:
The site is identified within the Marrickville Golf Course PoM and Masterplan and has recently been damaged by a private development. The potential to manage and improve this area will be subject to resource availability and consultation with the Golf Club.
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1.⇩ |
Photograph of natural area site |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Cooks River federal election funding promise
From: Councillor Justine Langford
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Motion:
That Council write to Prime Minister, Hon Anthony Albanese, Federal Minister, Hon Tony Burke MP, Hon Tanya Plibersek MP, Minister for the Environment and Water and the Hon Penny Sharpe MLC, Shadow Minister for the Environment to seek a meeting about the Urban Rivers and Catchments Program funding which allocated $10 million dollars to regenerating the Cooks River and to ask when this funding will be available and how Council can apply.
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Background
During the Federal election campaign in May 2022 the Labor government announced via a Fact Sheet and in a letter from Prime Minister elect, Anthony Albanese, that if elected Federal Labor would fund an Urban Rivers and Catchments Program to the tune of $200 million dollars to help fix our waterways. It advised that community groups and local government would be able to make a submission for their project to be included in the program.
Tony Burke MP, Federal Member for Watson also committed during the election that an Albanese Labor Government would invest $10 million dollars into regenerating the Cooks River.
Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
Letter from Prime Minister pledging $200 million dollars for Urban Rivers and Catchments Program |
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2.⇩ |
Pledge of $10 million dollars for Cooks River from Tony Burke's office |
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3.⇩ |
Labor’s Urban River Pledge |
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4.⇩ |
Final draft of Cooks River Alliance Strategy 2022 - 2025 |
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Council Meeting 6 December 2022 |
Subject: Notice of Motion: Cooks River Alliance Strategic Plan 2022 - 2025
From: Councillor Justine Langford
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Motion:
That Council: 1. Give in-principal support to the Cooks River Alliance Strategic Plan 2022 – 2025 (final draft); and 2. Begin to seek to identify funds and resources to support the Strategic Plan to meet the key objectives. (NB: Not all objectives in the plan have funding and resources assigned).
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Background
The final draft of the Cooks River Alliance Strategic Plan 2022-2025 was approved at the Cooks River Management Committee meeting on October 27. NB: The document is still in draft as there are some front-end items that need finalisation.
The community vision for the Cooks River is ‘A loved and healthy River Valley, enriching the heart of Sydney.’ The strategic plan is intended to translate this vision into actions and outcomes.
The 2021 Cooks River Catchment Coastal Management Program Community Survey gives further clarity to this vision:
· A biodiverse river valley supporting a clean river
· Every community accessing and enjoying the river
· Aboriginal ways of thinking are valued from Yana Badu to Kamay
· Holistic and cooperative approaches are guiding river restoration.
The Plan is built around four ‘focus areas’, in accordance with the ‘Place and People’ philosophy, giving an operational framework to its intent:
· Focus Area 1 – River Health
· Focus Area 2 – River Community
· Focus Area 3 – River Advocacy
· Focus Area 4 – River History
Each focus area identifies key objectives to be achieved in whole or in part over the term of this Plan. The intent of the Strategic Plan to improve how we manage the river. Each focus area and their objectives are drawn from several sources, the most important of which were:
· The findings of the 2021 Cooks River Community Survey
· Outcomes of the 2021 Cooks River Alliance Congress
· The previous Cooks River Alliance Strategic Plan, titled ‘The Cooks River People’s Plan’
· Results of detailed agency and community stakeholder engagement
Officer’s Comments:
No further comments were required for this Notice of Motion.
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1.⇩ |
Cooks River Alliance Strategic Plan 2022 – 2025 (final draft) |
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Council Meeting 6 December 2022 |
Subject: Question on Notice: Affordable Housing Fund
From: Councillor Dylan Griffiths
Questions
How much is in the Affordable Housing Fund?
What expenditure has there been from the fund?
What have been the income sources to the fund?
Please provide a complete list of transactions, with descriptions, into and out of the fund.
Answer
The below table shows the balance of affordable housing. Council receives interest on the affordable housing balance as noted in this table.
The next three tables over the page are the movements in income (leases) and expenditure for affordable housing properties that are restricted in a reserve to cover for maintenance and other expenditure of current properties.
To date, the expenditure relates to:
· Rates and annual charges
· Strata Fees
· Water Rates
· General Costs for collection of income
· Maintenance and repair costs
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Council Meeting 6 December 2022 |
Subject: Question on Notice: Parks, Planning and Recreation and Urban Ecology
From: Councillor Justine Langford
At the September Ordinary Council Meeting, I put a question to Council staff regarding the performance of the Urban Ecology and Parks, Planning & Recreation areas, as outlined in the Six Monthly Report (Item 15 – Six Monthly Progress Report). Noting the importance of these two areas and these two areas having a large proportion of actions ‘On Hold’ (pg 15). The General Manager responded that underperformance was due to difficulty with recruiting qualified staff. Further to this: Questions
Question
· How many positions are currently in the Urban Ecology team & Parks, Planning & Recreation?
· What are those positions?
· How many positions are currently filled and / or vacant in the teams?
· How long have the roles been vacant?
Answer
Parks Planning and Recreation
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Position name |
Filled / Vacant |
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Parks & Recreation Manager |
Filled |
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Business Improvement Officer |
Filled |
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Coordinator Parks Planning |
Filled |
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Office of Sport Coordinator |
Filled |
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Parks Engagement Officer (2) |
Filled |
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Landscape Planner Officer* |
Filled |
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Work Experience Officer** |
Filled |
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Total |
8 |
*The Landscape Officer role was vacant for close to 12 months and has only relatively recently been filled after the third round of recruitment
**The Work Experience Officer is substantively a Landscape Planner role, there have been three unsuccessful recruitments for this role which was ultimately filled as a work experience role in order to build greater resilience into the team, toward a stronger recruitment strategy
All vacancies have occurred through natural attrition and opportunities being sought elsewhere by staff.
Urban Ecology
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Position name |
Filled / Vacant |
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Urban Ecology Manager * |
Vacant |
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Coordinator Urban Ecology* |
Vacant |
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Senior Natural Areas & Projects Officer |
Filled |
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Senior Natural Areas & Contracts Officer |
Filled |
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Natural Areas & Contracts Officer |
Filled |
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Community Nurseries Supervisor |
Filled |
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Biodiversity Supervisor Landcare |
Filled |
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Sustainable Streets Officer** |
Filled |
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Senior Technical Officer Catchments *** |
Vacant |
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Senior Planning and Policy Officer *** |
Vacant |
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Total |
10 |
* The Urban Ecology Manager has been vacant for over 12 months
* The Urban Ecology Coordinator Role has been vacant for less than 6 months. These roles have been filled with staff under higher duties while the realignment and review was completed in order to determine if significant changes to their position description were required. The realignment is complete and the position descriptions will be revised accordingly
** The Sustainable Streets Officer is a new role in order to advance implementation of the Verge Gardens Policy
*** Senior Technical Officer Catchment and Senior Planning and Policy Officer roles are new position descriptions previously known more generally as Planning & Policy Officers, these roles have been vacant for around 12 months
All vacancies have occurred through natural attrition and opportunities being sought elsewhere by staff.
Question
When will Council recruit for the vacant roles?
Answer
Recruitment will occur early in 2023.
Question
What actions are ‘On hold’ for each team and why?
Answer
With respect to Urban Ecology – there are 8 reportable projects or programs in the six monthly report for January to June 2022. Of these the following are on track:
· Volunteers programs
· Ecological asset maintenance
· Catchment and Waterway Partnerships
· Bushcare, nursery & Citizen Science programs
· Harmonisation of Sustainable Streets program
Work that has been subject to a reschedule includes:
· Urban Forest Policy (joint project with the Urban Forest team, awaits finalisation of the Tree DCP)
· Street Tree Masterplan (joint project with the Urban Forest team, awaits finalisation of the Tree DCP)
· Some Urban Ecology Incentives Programs (awaiting finalization of the Summer Hill site)
With respect to Parks Planning & Recreation – there are 7 reportable projects or programs in the six monthly report for January to June 2022. Of these the following are on track or have been completed according to schedule
· Implementation of recreation initiatives for disadvantaged communities
· Prioritised plan for Inner West Parks Plans of Management
· Establishment of the Callan Park Trust
· Creation of the Watercraft website page
· Implementation of the Watercraft Management Policy and Protocol
· Implement whole of Council Child Safety Protocols
Work that has been subject to a reschedule includes
· Commencement of the Playground Strategy “lets play”
Question
How is the staff shortage impacting on the work of the Parks, Planning & Recreation and Urban Ecology teams?
Answer
All positions are important in small teams and it is not ideal to have such positions unfilled for extended periods of time. The difficulties this imposes on staff is recognised. Both Teams are to be commended for the efforts they have made in advancing both core business and priority projects in this regard.
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Council Meeting 6 December 2022 |
Subject: Questions on Notice: Inner West Council Event Management Capacity
From: Councillor Marghanita Da Cruz
Question
What is the budget by item and amount for events that council runs for capital project openings, celebrations and welcoming etc.?
Answer
These are costed to each Capital Works Project.
Question
If these events are not included in the Project Budget, which Budget covers them?
Answer
N/A
Question
Which budget covered the PM Function at Marrickville Town Hall?
Answer
Mayor Delegation Community Fund.
Question
How are invitations to these functions issued?
Answer
The invitations are distributed by letter box drop and email where applicable.
Question
How many attendees are budgeted for?
Answer
This is dependent on the size of the project.
Question
What opening events have been run and are planned for this financial year as were held in Badu Park and Gladstone Park for example?
Answer
Darrel Jackson Gardens
Various playground openings
Lewis Herman Reserve
Cahill St Playground
King George Park
Easton park Upgrade
Tom Foster Community Centre completion
Summer Hill Reuse Centre
Leichhardt Skate park
Question
Do we have a package/team for Event Management for community events?
Answer
Staff provide advice to community members planning for events when contacted by community event organisers. This is done through a number of teams, drawing on relevant expertise.
Question
What support are we capable to provide?
Answer
Council owns a small number of items that are used regularly at events such as branded pop-up marquees and small PA systems. The majority of equipment used at events is hired as owned assets require significant resources to store and maintain to ensure they operate at the required level.
Question
What equipment do we own or hire for events we run?
Answer
In general, the equipment that is owned by Council is installed and/or operated by staff when used at events.
Question
Do we have in-house skills/training or expertise to use the equipment (e.g., microphones, acoustic capabilities of our buildings)?
Answer
This equipment is generally used for Council events only; it is used very regularly.
Question
Do we hire these skills and equipment (e.g., for council meeting webcasts)?
Answer
This equipment is generally used for Council events only; it is used very regularly.
Question
What support is being provided for the training for the Statement from the heart?
Answer
Council has organised for an external training organisation to deliver training for the Statement of the Heart Volunteers. Training will take place in a Council owned venue.
Question
Is training in event management something we offer as part of capacity building?
Answer
Council does not offer event management training.
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Council Meeting 6 December 2022 |
Subject: Update on Acquisition of Investment Properties
Prepared By: Scott Mullen - Strategic Investments and Property Manager
Authorised By: Kelly Loveridge - Director Corporate
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RECOMMENDATION
That Council adopt the recommendation contained in the Confidential Attachment 1.
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DISCUSSION
Council will move into closed session to deal with the Update on Acquisition of Investment Properties, for information which is classified as confidential under section 10A(2)(d)(c) and (Section 10A(2)(d)(ii) of the Local Government Act 1993. The matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and if disclosed confer a commercial advantage on a competitor of the council.
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under section 10A(2)(d)(c) and (Section 10A(2)(d)(ii) of the Local Government Act 1993.
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Confidential Report - Update on purcahse of investment property - Confidential This attachment is confidential in accordance to information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council. |
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Ernst and Young Report - Shortlisted Property This attachment is confidential in accordance to information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council. |
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Council Meeting 6 December 2022 |
Subject: Summer Hill Reuse Centre - Update
Prepared By: Scott Mullen - Strategic Investments and Property Manager and Helen Bradley - Manager Resource Recovery Planning
Authorised By: Kelly Loveridge - Director Corporate
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RECOMMENDATION
That Council:
1. Notes that The Bower are seeking to reduce their area of occupation to buildings 2 and 3 (conditional on a further reduction in rent);
2. Approves further discussions with other interested parties who did not provide a submission to the EOI, and have subsequently contacted Council, to occupy any remaining space for the purpose of reuse and recycling; and
3. Investigates opportunities to locate a Reverse Vending Machine on the site.
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DISCUSSION
At its Council meeting on 8 September 2020 Council resolved:
Progress with the development of a Reuse and Recycling Hub as a medium-term use at Summer Hill Depot and continue discussions with suitable not-for-profit organisations.
The site is also intended to accommodate Council’s Green Living Centre, programs from Urban Ecology and continue as a council depot for civil works storage.
This report provides an update on the progress for the Summer Hill Depot reuse and recycling hub (the Hub).
The project is a collaboration between Council’s Resource Recovery Policy, Resource Recovery Operations, Property and Capital Works Teams (with assistance from other staff as required).
The Development Application
As part of the development application process Council engaged an independent planning consultant on behalf of the proposed tenants to obtain development consent for the operation of a reuse, recycling, and education centre at Summer Hill Depot.
Development approval was granted on 23 November 2021 and included building upgrades to ensure compliance with WHS and accessibility and removal of contaminated building material such as asbestos to ensure the site is safe and BCA compliant.
The Bower or other proposed tenants are required to obtain their own services to prepare the plans necessary for the Development Application for any proposed fit out works.
A contract was subsequently awarded and building works commenced in August 2022 with completion expected by mid-December 2022, allowing the Green Living Centre and The Bower (if no further fit out works are intended) to commence occupation at the site.
Modified Development Application
A modified Development Application is being considered to allow Council’s Service vehicles to access Liverpool Road (via Nottle Street). This would remove the need for larger vehicles to turn within the site, assisting with traffic flow and reducing traffic congestion at the top of the site.
THE BOWER
The Bower are a not-for-profit environmental charity committed to reducing landfill and champion of reuse and repair within our community.
It has a shop front and collects and repairs household items from the community for sale and distribution through its house to home program (furnishings for disadvantaged community members setting up a home).
Their range of services and programs are all based on the ethos of
reuse and repair, and they have agreements with over 21 Sydney
metropolitan councils to collect unwanted household goods and
rehome them.
Following the withdrawal of Reverse Garbage from the project, Council staff continued discussions with The Bower and have signed a Heads of Agreement for a new 5-year lease (with a 5-year option), with execution of the lease pending finalisation of the area to be leased and rent.
On 16 August 2022, The Bower advised Council that COVID19 had significantly impacted their Business Plan. They have confirmed that:
· Building 1 is no longer required for the ‘shopfront’ or any other use.
· Building 2 will be used for reuse and repair workshops, a similar arrangement as that in place at Redfern and Parramatta, including some office space and higher end sales and includes:
§ Repair cafes - to repair and upcycling items that may otherwise end up in landfill
§ Workshops include Bicycle repairs, Woodworking (make a crate, a beehive box, a stool), DIY repairs, Furniture repairs, Furniture restoration, Clothing repairs, Upholstery, and Bespoke workshops, team building and corporate workshops.
§ House to Home Program - Upcycled and refurbished goods to fit out social housing or accommodation through charities for people who have been homeless, refugees, and or escaped domestic violence. They work with 13 agencies in Sydney including Mission Australia, Uniting, Bonnie’s support services, Mary's House, and Newtown Asylum Centre
§ Building 3 will be used by The Bower for their tiny house workshops (Running approximately 3 sessions per year, each over a period of 2-3 weeks)
§ They have requested a 75% accommodation grant across the 5-year lease.
Public Benefit – The Bower
A table has been prepared that summarises The Bowers proposal (Attachment 2) and includes a 12-month calendar of activities with proposed community benefits realised through its operation.
THE VILLAGE PROJECT
One (1) submission was received from The Village Project in response to the Expression of Interest (EOI 12-21) seeking additional interested organisations to co-locate with The Bower at the Hub.
The criteria for the EOI were aligned to the Inner West Zero Waste Strategy, a circular economy approach which includes targets for waste avoidance, reuse, recycling, and repair.
The Village Project is a local cooperative and a not-for-profit which brings together people and recyclers in one space to maximise reuse and recycling of resources such as textiles and plastics. They connect unwanted materials with users of those materials in a circular economy.
They submitted a compliant bid that involves collaborating with reuse organisations and recyclers targeting materials including textiles, plastic, polystyrene, cups, bicycles, scooters, and e-waste. They identified waste and materials that are usually presented within residential bins or clean-up including textiles, glass, and plastics, as well as common contaminants in the residential waste and recycling stream such as batteries and e-waste.
They propose to use the site as a hub to collect materials recycled by their reuse partners. Their team at Summer Hill Reuse Centre would sort the items, store them temporarily and arrange collection by their partners. Textile, glass, ceramics, and plastic is proposed to be the primary focus with permanent collection points for residential drop off during Centre opening hours.
They also proposed monthly collection drives for specific materials or items on a given day (e.g., a drop off day for bikes or e-waste). Their recycling and reuse partners then collect the targeted materials and remove them from the site for remanufacture into new products (e.g. tiles, furniture, sunglasses etc.) Remanufactured products would then be returned and displayed and sold at the Summer Hill Reuse Centre as well as online.
The drop off service would be free for local residents to access, and The Village Project may consider also offering paid collections for commercial businesses at a later date. They have 30 volunteers already engaged and collaborating with reuse partners who have the capacity to recycle, or reuse identified materials. It is understood that The Village Project intend to have a staff member present 2 days per week initially with a view to increase hours and active days on the site as they become established.
The Village Project have made an application for a 100% accommodation grant, and if approved would be required to pay only outgoings for their portion of the site (utilities). In accordance with the Land and Property Policy and as part of the terms and conditions of the lease, they would be required to enter into a Service Level Agreement (SLA) to provide detailed reporting on materials collected, reused, and recycled, including the number of residents engaged, drop offs and tonnages/kg of materials collected from IWC residents.
Public Benefit – The Village Project
A table has been prepared that summarises the various organisations that form the collective proposal (Attachment 1) and includes narrative on the proposed community benefits realised through its operation.
Operating Times for the Summer Hill ReUse Centre
DA approval was granted for operating hours of 8am to 8pm, seven (7) days a week.
The Summer Hill ReUse Centre is planned to operate and be open to the public as per the table below:
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Entity |
Description |
Days |
Hours |
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The Bower |
An environmental charity focused on reuse and repair within our community. It has a shop front and collects and repairs household items from our community for sale and distribution through its house to home program (furnishings for disadvantaged community members setting up a home). |
Monday to Friday with weekends as per Attachment 2 Calendar |
8.30am to 5pm |
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The Village Project |
A local cooperative which brings together people and recyclers in one space to maximise reuse and recycling of resources such as textiles and plastics. They connect unwanted materials with users of those materials in a circular economy. |
2 days initially, increasing to 5 once established |
TBC as required within site DA approval (8am to 8pm) |
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The Green Living Centre |
An Inner West Council initiative that provides community workshops on waste, re-use, circular economy, climate, and other sustainability topics. |
TBC 2+ days a week |
TBC as required within site DA approval (8am to 8pm) |
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Urban Ecology |
An Inner West Council service selling plants sourced from locally collected seeds, and re-use related initiatives such as free mulch for residents Rainwater tank community education e.g. rainwater tank workshops. |
TBC |
TBC as required within site DA approval (8am to 8pm) |
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Civil Works Depot |
Maintain operation as a civil works depot and provide storage for use within the Ashfield precinct |
7 days |
6am - 6pm (as required) |
Environmental Upgrades
Solar Power
Summer Hill ReUse Centre is currently equipped with a 15.6 kW solar PV system on the roof which will be expanded, and a battery will be installed to store excess solar power for evening use following the current capital works. The existing system will be expanded by 20kW, based on concept design and the battery will be sized during the detailed design, but is expected to be residential scale. This work will be completed and funded through a separate budget managed by Council’s Environment and Sustainability Unit.
EV Charging Stations
Additional electrical wiring, including subsurface conduits were incorporated into the existing works project so that the site would be EV ready. It is planned to subsequently install four charging bays, each equipped with a Level 2 charger (AC fast chargers), pending final review of the overall electricity load requirements of all site tenants.
It is intended that these will provide a substantial EV top-up whilst the community visits the ReUse centre. This work will be completed and funded through a separate budget managed by Council’s Environment and Sustainability Unit.
Other Site Opportunities
As the site requirements for each of the user groups is finalised, staff are reviewing the remaining available building and land space at the depot, to see if there are any further opportunities that would align with the proposed use, so as to fully activate the site.
This may include community groups who require operational spaces, and also other opportunities such as Reverse Vending Machines through the Return and Earn container deposit scheme initiated by the State Government.
It is recommended that staff also progress further discussions with other interested parties who did not provide a submission to the EOI, and have subsequently contacted Council, to occupy any remaining space for the purpose of reuse and recycling.
Leichhardt Men’s Shed
This is a community group with a need to relocate from their current facilities in Blackmore Oval, and whose space and power requirements align with that of the depot site. The Men’s Shed have recently viewed the available space and are considering this opportunity.
Return and Earn
It is further recommended that staff investigate opportunities of locating a Reverse Vending Machine on the site. These container deposit schemes work by adding a small deposit on top of the price of everyday beverages This deposit is then refunded to the consumer when they return their empty drink container for recycling.
These schemes have been shown to reduce container litter and increase recycling rates, through:
1. Litter reduction: Traditionally waste has no value to the individual, and while there are many places to dispose of waste, it still relies on an individual to do the right thing. Many do, but many don’t so by adding a small reward, it incentivises and motivates people to dispose of their waste responsibly.
2. More effective recycling: By capturing and sorting purely eligible drink containers, this generates a much cleaner material stream that can then be recycled again and again in a clean loop system, rather than much of it going to landfill due to material contamination
Garden space between Buildings 3 and 4
An RFQ for design and construction of an outdoor demonstration space between Buildings 3 and 4 is currently being finalised. The design includes reuse material within the construction and space for 20 participants to undertake recycling-themed workshops, and makes provision for high accessibility and can be used by all tenants of the site.
Summer Hill Reuse Centre – (pending finalisation)
1. Building 1 – TBA
2. Buildings 2 & 3 – The Bower
3. Building 4 – The Green Living Centre (GLC): is an Inner West Council initiative that provides community workshops on waste, re-use, circular economy, climate, and other sustainability topics. It will also be made available for reuse Centre tenants to book and use for workshops and community waste and sustainability education.
4. Building 5 – GLC Offices and one (1) for The Village Project
5. Building 6 – Urban Ecology is an Inner West Council service and will utilise the space for plants sourced from locally collected seeds, and re-use related initiatives such as free mulch for residents (from parks tree pruning within the Inner West)
6. Building 7 (Bays) – EV Car Charging: Available to site visitors shop or attend workshops.
7. Building 8 – The Village Project
8. Building 9 – Civil Works Depot storage of materials / equipment.
FINANCIAL IMPLICATIONS
Project Budget for capital works
Council previously resolved to fund the costs of obtaining necessary approvals (including engagement of consultants) to change the use of the site to a recycling hub. Tenants are required to provide any further capital expenditure required for any fitout works.
The contract value for the current works is $1,200,500 (ex GST).
Consultant costs to prepare the Development Application to date are $186,500 (ex GST)
The total planned cost for the works to date is $1,387,000 (ex GST) and excludes solar panels and EV charging stations.
Requests for Accommodation Grants
Refer to Attachment 3 - Confidential Summer Hill ReUse Centre Financial Implications and Council Contribution.
Council may move into closed session to deal with the Summer Hill Reuse Centre - Update, for information which is classified as confidential under section 10A(2)(d)(c) of the Local Government Act 1993. The matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under section 10A(2)(d)(c) of the Local Government Act 1993.
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1.⇩ |
The Village Project - Proposed Use and Benefits |
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2.⇩ |
The Bower - Proposed Use and Benefits |
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Confidential Summer Hill ReUse Centre Financial Implications and Council Contribution - Confidential This attachment is confidential in accordance to information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. |
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Council Meeting 6 December 2022 |
Subject: Procurement of Microsoft EA Licensing
Prepared By: Nathan Hillery - Chief Technology Officer
Authorised By: Kelly Loveridge - Director Corporate
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RECOMMENDATION
That Council adopt the recommendation contained in the Confidential Attachment 1. |
DISCUSSION
On 24 October 2022, Inner West Council went to market for RFQ 156-22 Microsoft Enterprise Licensing. Following an evaluation of the submissions received the panel seeks approval to form contracts with the vendor recommended in the Confidential Attachments.
Council will move into closed session to deal with the RFQ for Microsoft EA Renewal, for information which is classified as confidential under section 10A(2)(d)(i) (of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under section 10A(2)(d)(i) of the Local Government Act 1993.
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Council Report - RFQ Microsoft EA renewal - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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Evaluation Summary - RFQ 156-22 - Final - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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Selection Report - RFQ 156-22 - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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Council Meeting 6 December 2022 |
Subject: RFT 28-21 Pioneers Memorial Park Amenities Upgrade
Prepared By: Morna Scott - Capital Projects Manager
Authorised By: Ryann Midei - Director Infrastructure
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RECOMMENDATION
That Council adopt the recommendations contained in the Confidential Attachment 1. |
DISCUSSION
Council will move into closed session to deal with the RFT 28-21 Pioneers Memorial Park Amenities Upgrade, for information which is classified as confidential under Section 10A(2)(c) of the Local Government Act 1993 and section 10A(2)(d)(i) (of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it and if disclosed prejudice the commercial position of the person who supplied it.
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under Section 10A(2)(c) and section 10A(2)(d)(i) of the Local Government Act 1993.
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Confidential Report - RFT 28-21 Pioneers Memorial Park Amenities Upgrade - Confidential This attachment is confidential in accordance to information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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RFT28-21 Evaluation Spreadsheet Final Revised 12.9 - Confidential This attachment is confidential in accordance to information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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Council Meeting 6 December 2022 |
Subject: Food and Garden Organics - Earlier Commencement Date
Prepared By: Helen Bradley - Manager Resource Recovery Planning
Authorised By: Peter Gainsford - General Manager
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RECOMMENDATION
That Council adopt the recommendations contained in the Confidential Attachment 1.
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DISCUSSION
Council will move into closed session to deal with the Food and Garden Organics - Earlier Commencement Date, for information which is classified as confidential under section 10A(2)(d)(ii) of the Local Government Act 1993. The matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council..
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under section 10A(2)(d)(ii) of the Local Government Act 1993.
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Confidential Report - Food and Garden Organics - Earlier Commencement Date - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council. |
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Draft Deed of Variation – Veolia and Inner West Council (FOGO) - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council. |
[1] Green Left Orbituary: Vale Victor George Pinkerton, 1953-2022,Adrienne Shilling and Peter Hehir, November 16, 2022 Issue 1369 https://www.greenleft.org.au/content/vale-victor-george-pinkerton-1953-2022
