Georges River letterhead design_HEADER

Council Meeting

Notice of Meeting

 

Monday, 10 October 2016

 

5 October 2016

 

Mr John Rayner

 

An Ordinary Meeting Council will be held at Club Rivers, 32-34 Littleton Street, Riverwood, on Monday, 10 October 2016 for consideration of the business available on Council's website at

http://www.georgesriver.nsw.gov.au/Council/Council-Meetings

 

 

 

Gail Connolly

General Manager

 

BUSINESS

1.      Acknowledgement of Country

2.      Apologies

3.      Disclosures of Interest

4.      Administrator Minute

5.      Minutes of previous meetings

6.      Council Reports

          Environment and Planning

          Finance and Governance

          Assets and Infrastructure

          Community and Culture

7.      Confidential items

 

 

 

Ordinary Meeting

 

Summary of Items

Monday, 10 October 2016

Previous Minutes

MINUTES: Council Meeting - 5 September 2016

Council Reports

Environment and Planning

CCL077-16       Draft Georges River Council Section 94A Development Contributions Plan 2016

(Report by Coordinator Strategic Planning, Rita Vella)........................................... 2

CCL078-16       Summary of Development Applications lodged and determined and new Class 1 Appeals filed

(Report by Manager – Development Assessment, Tina Christy)......................... 39

CCL079-16       Section 82A Review of Determination - 8 Lily St Hurstville

(Report by Manager – Development Assessment, Tina Christy)......................... 42

CCL080-16       Section 82A Review of Determination - 37 Ogilvy St Peakhurst

(Report by Manager – Development Assessment, Tina Christy)......................... 67

Finance and Governance

CCL081-16       Advice on Court Proceedings - September 2016

(Report by General Counsel, Jenny Ware)........................................................... 111

CCL082-16       Investment Report as at 31 August 2016

(Report by Coordinator Financial Management, Francis Mangru)................... 117

CCL083-16       Georges River Council - Corporate System Consolidation

(Report by Chief Information Officer, Fresia Segovia)........................................ 134

CCL084-16       Disclosures of Pecuniary Interests by Designated Persons - Returns Register 2015-16

(Report by Acting Manager Governance, Margaret Le)...................................... 138

Assets and Infrastructure

CCL085-16       Georges River Council Asset Management Policy 2016

(Report by Manager Assets Planning and Services, Obi Thomas).................. 140

CCL086-16       Central Plaza Hurstville - Plan of Management and Concept Plan

(Report by Manager Engineering Services, Michelle Whitehurst)................... 152

CCL087-16       Gross Pollutant Trap (GPT) cleaning contract extension

(Report by Catchment Management Officer, Tom Heath).................................. 178

 

CCL088-16       Georges River Traffic Advisory Committee Meeting Minutes - 20 September 2016

(Report by Manager Engineering Services, Michelle Whitehurst)................... 179

CCL089-16       Tender for the Stormwater Pipe Relining Program

(Report by Manager Engineering Services, Michelle Whitehurst)................... 186

CCL090-16       Tender for New Sportsfields Floodlighting at Various Locations

(Report by Manager Engineering Services, Michelle Whitehurst)................... 188

CCL091-16       Tender for the Demolition of 296 Forest Road Hurstville (Bag A Bargain)

(Report by Manager Engineering Services, Michelle Whitehurst)................... 190

Community and Culture

Nil

 

Confidential (Closed Session)

CON018-16       Tender for the Stormwater Pipe Relining Program

(Report by Manager Engineering Services, Michelle Whitehurst)

CON019-16       Tender for New Sportsfields Floodlighting at Various Locations

(Report by Manager Engineering Services, Michelle Whitehurst)

CON020-16       Tender for the Demolition of 296 Forest Road Hurstville

(Report by Manager Engineering Services, Michelle Whitehurst)

CON021-16       SSROC Provision of Improving Recycling and Contamination Management in Multi Unit Dwellings (MUDs)

(Report by Coordinator Sustainability & Waste, Jenny Gustafson)  

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 1

 

AGENDA

1.      Acknowledgement of Traditional Custodians

Council acknowledges the traditional custodians of the land on which this meeting is being held as the Biddegal people of the Eora Nation.

2.      Apologies 

3.      Disclosure of Interest

4.      Administrator Minutes

5.      Minutes of previous meetings

Council Meeting - 5 September 2016

6.      Council Reports

          Environment and Planning

          Finance and Governance

          Assets and Infrastructure

          Community and Culture

7.      Confidential (Closed Session)

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 3

Environment and Planning

 

Item:                   CCL077-16        Draft Georges River Council Section 94A Development Contributions Plan 2016 

Author:              Coordinator Strategic Planning, Rita Vella and Executive Strategic Planner, Nerida Stores

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

 

Recommendation

(a)     That the “draft Georges River Council Section 94A Development Contributions Plan 2016” attached to this report be endorsed for the purpose of public exhibition.

 

(b)     That the “draft Georges River Council Section 94A Development Contributions Plan 2016” be exhibited in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulation 2000 for a minimum period of twenty-eight (28) days.

 

(c)     That a future report on the exhibition and submissions received be provided to Council.

 

Executive Summary

1.      The “draft Georges River Section 94A Development Contributions Plan 2016” (“draft Plan”) has been prepared in order to ensure consistency in the levying of development contributions across the Georges River Local Government Area (LGA).

2.      This report provides background to the preparation of the draft Plan, current situation in relation to section 94 and section 94A Development Contributions Plans and a summary of the proposed provisions in the draft Plan.

3.      This report recommends that the draft Plan be placed on public exhibition to provide opportunity for community feedback.

4.      Currently, the “Kogarah City Council Section 94A Development Contributions Plan 2014” applies to land within the Kogarah Bay and Blakehurst Wards of the Georges River LGA, with the exception of land where the Section 94 Contributions Plan No. 8 Kogarah Town Centre and the Ramsgate Commercial Centre Development Contributions Plan 2006 apply.

5.      There is no section 94A contributions plan that applies to the Hurstville, Peakhurst and Mortdale Wards of the LGA. The “Hurstville Section 94 Development Contributions Plan 2012” currently applies to these wards.

 

Background

6.      In 2005, the Environmental Planning and Assessment Act, 1979 (“the Act”) and the Environmental Planning and Assessment Regulation, 2000 (“the Regulation”) were amended to allow for a flat rate section 94A levy (calculated on the estimated cost of the development) to be applied to development without the need to establish a nexus (i.e. relationship) between the development and the demand for the facilities.

7.      The ability for Council’s to apply a section 94A levy was introduced to enable development contributions to be levied in areas where:-

§ there is little growth and slow accrual of funds in established areas, or where provision of facilities benefits a dispersed set of contributors;

§ administration of a traditional plan is onerous; and

§ costs of infrastructure are relatively low and spread over time.

 

8.      Section 94A of the Act enables Council to impose as a condition of development consent a requirement that the applicant pay a section 94A levy which is calculated based on a percentage of the estimated cost of development. The section 94A levy must be authorised by a section 94A plan and cannot be required in addition to a section 94 contribution on the same development consent.

9.      Unlike a section 94 plan, a section 94A levy does not need to demonstrate a direct nexus between the facilities and works to be funded and the development to be levied. In addition a condition of consent under section 94A that is allowed by and determined in accordance with a contributions plan may not be disallowed or amended by the Court on appeal.

10.    The Regulation (clause 25J) specifies how the proposed cost of development is to be determined and the amount on which the section 94A levy (%) is to be based. The maximum percentage of the proposed cost of development that may be imposed under section 94A is specified in clause 25K of the Regulation:

§ up to and including $100,000 – nil

 

§ more than $100,000 and up to and including $200,000 – 0.5% of the development cost

 

§ more than $200,000 – 1% of the development cost

 

11.    The following requirements also apply to section 94A Contributions:

§ contributions must be expended towards capital costs associated with the provision, extension, or augmentation of public amenities or public services or towards recouping their cost;

 

§ contribution levies must be paid prior to the issue of a construction certificate and in accordance with relevant provisions of the subject development consent;

 

§ maintenance works are excluded under section 94A.

 

Current Situation
Former Kogarah Council LGA

12.    Kogarah Council, at its meeting on 24 November 2014 resolved to adopt the “Kogarah City Council Section 94A Development Contributions Plan 2014” (“Kogarah S94A Plan”) and it became effective from 1 January 2015.

13.    The Kogarah Section 94A Plan implemented a simplified development contributions structure and allowed the former Kogarah Council to establish a flat rate section 94A levy on development not already subject to a section 94 contribution under a section 94 Contributions Plan. 

14.    The section 94A levy is currently applicable to the Blakehurst and Kogarah Bay Wards of the Georges River Council LGA (with the exception of land within the Kogarah Town Centre and Ramsgate Commercial Centre) and applies to development consents (development applications and complying development certificates) including (but not limited to) the following development types:

§ Dwelling houses

§ Alterations and additions to existing dwelling houses

§ Secondary dwellings

§ Boarding houses

§ Seniors housing (excepting seniors housing undertaken by a social housing provider)

§ Development on land zoned IN2 – Industrial.

15.    Under the provisions of section 94E of the Act the Minister for Planning has specified exemptions from the section 94A levy for the following development:

§ where the proposed cost of carrying out the development is $100,000 or less

§ for the purpose of disabled access

§ for the sole purpose of providing affordable housing

§ for the purpose of reducing the consumption of mains supplied potable water, or reducing the energy consumption of a building

§ for the sole purpose of the adaptive reuse of an item of environmental heritage, or

§ that has been the subject of a condition under section 94 under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out.

16.    The Kogarah S94A Plan also identifies other exemptions from a levy which may be considered by the Council including:

§ works undertaken for charitable purposes or by a registered charity (as defined by the ATO) but only in cases where the development is of a small scale, for example a retail outlet operated by the Salvation Army, St Vincent de Paul or similar organisations, and where the Council considers that there will not be an increase in the demand for public works or infrastructure as a result of the development which would warrant the payment of a Section94A levy

§ places of worship, public hospitals, police, fire stations and other emergency services

§ childcare facilities

§ seniors housing (undertaken by a social housing provider)

§ other community or educational facilities

§ applications submitted by or on behalf of Kogarah City Council.

 

 

 

 

 

 

 

17.    The s94A levy is based on maximum percentages specified in the Regulation:

 

Proposed cost of development

Levy

All development applications and applications for complying development certificates whose total costs amount to less than $100,001

Nil

All development applications and applications for complying development certificates with a total cost from $100,001 - $200,000 (excluding exempt development, s96 applications to modify development consent and development applications proposed by Council

0.5%

All development applications and applications for complying development certificates with a total cost exceeding $200,000 (excluding exempt development, s96 applications to modify development consent and development applications proposed by Council

1%

 

18.    The funds generated from section 94A contributions is used to fund community infrastructure, as identified in the Works Schedule contained within the Section 94A Plan.

19.    The current Works Schedule identifies projects to the value of $15,922,500 and includes timeframes for completion (short, medium, long-term and ongoing). There is currently just over $1 million (31 May 2016) in the Kogarah s94A Plan.

 

Former Hurstville City Council LGA

 

20.    The former Hurstville City Council resolved to prepare a section 94A Plan for the former Hurstville Council LGA in May 2007.

21.    A draft section 94A Plan was prepared and presented to the Policy Planning Environment and Masterplan Implementation Committee, at its meeting on 21 September 2011 seeking Council’s support to publicly exhibit the draft plan.

22.    Council, at its meeting on 21 September 2011 resolved (in part) the following:

THAT Council not endorse the Draft Plan for public exhibition.

THAT Council resolve not to have a Section 94A Plan for the Hurstville LGA.

THAT the Draft Plan be amended to remove all clauses relating to Section 94A and not apply Section 94A to any developments in the Hurstville LGA.

 

23.    Subsequently, all reference to section 94A was removed from the Contributions Plan and the “Hurstville Section 94 Development Contributions Plan 2012” was adopted by Council on 12 December 2012 and became effective from 14 March 2013.

 

Overview of the current section 94 / section 94A plans applying to Georges River Council

 

24.    There are currently six (6) Section 94 Development Contributions Plans applying across the Georges River Council LGA and one (1) Section 94A Plan.

25.    The table below provides an overview of the Contributions Plans currently applying to the Georges River LGA.


Hurstville Section 94 Development Contributions Plan 2012

Applies to all the land within the Hurstville, Mortdale and Peakhurst Wards.

The plan levies residential development contributions for community facilities, open space and public domain works. Non-residential development in the Hurstville City Centre is levied for public domain works. Within the commercial centres of the Hurstville City Centre, Penshurst, Mortdale, Beverly Hills and Riverwood contributions are levied where car parking is not provided on-site.

 

Ramsgate Commercial Centre Development Contributions Plan 2006

A joint plan that applies to land within the former City of Kogarah and the City of Rockdale that comprises the Ramsgate Commercial Centre. The plan has a joint works schedule that identifies works on both the Georges River Council side and the Rockdale City Council side of the Ramsgate Centre.

Section 94 Contributions Plan No 1 – Road and Traffic Management

Applies to all areas in the Kogarah Bay and Blakehurst Wards, outside of the Kogarah Town Centre, Hurstville Town Centre and Ramsgate Town Centre.

Section 94 Contributions Plan No 5 Open Space – 2007

Applies to all areas in the Blakehurst and Kogarah Bay Wards outside of the Kogarah Town Centre and Ramsgate Town Centre. The plan applies to multi-unit development only and funds are utilised for the embellishment of existing open space.

 

Section 94 Contributions Plan No 8 – Kogarah Town Centre

Applies to land within the Kogarah Town Centre and levies contributions for streetscape works, roads and traffic, pedestrian upgrades in lieu of on-site car parking, community facilities and stormwater and drainage.

Section 94 Contributions Plan No 9 – Kogarah Libraries

Applies to all land across the Kogarah Bay and Blakehurst Wards and is for building upgrades and the acquisition of new books.

Kogarah Section 94A Contributions Plan

Applies to the Kogarah Bay and Blakehurst Wards.

The section 94A Plan allows contributions to be levied in established urban areas where development is mainly ‘infill development’.  

 

 

 

 

Proposed Draft Georges River Council Section 94A Plan

 

26.    Across the Georges River LGA there has, over the last five (5) years, been continuing changes through the replacement of single dwellings and significant alterations and additions to existing dwellings, along with the increased construction of secondary dwellings and other development types under which the current section 94 contributions plan cannot be levied.

27.    Currently, there are inequalities with the levying of a section 94A levy across the whole LGA as outlined above.

28.    The introduction of a draft Section 94A Plan for the Georges River LGA will allow Council to levy those development types that are currently not levied under the current section 94 Plans and with no nexus requirement. Funds can be expended in accordance with the Works Schedule in the Plan.

29.    An analysis has been undertaken to estimate the extent of funds that may be generated under a section 94A plan (across the whole Georges River LGA). This was based an analysis of the funds received under the Kogarah Section 94A Plan and also an analysis of the  applicable development applications lodged and approved in the last 12 months (1 July 2015 – 30 June 2016). It should be noted that this analysis has only been undertaken for residential development that would not have been applicable under a current section 94 Contributions Plan.

30.    Based on this analysis, the approximate contributions that would have been generated in the last 12 months would be approximately $1.5 million to $1.8 million.

31.    The proposed timeframe for the draft Plan is ten years, from 2016 to 2026. Based on this timeframe the projected income over the life of the plan is $15million to $18million.

32.    A component of the draft Plan is the inclusion of a Works Schedule which is linked to Council’s Community Strategic Plan, in particular the four-year Delivery Program. In the absence of a Community Strategic Plan for the whole of the Georges River Council, the draft Works Schedule has been developed in consultation with the Section 94 Working Party, relevant Managers, and the Executive Team.

33.    The draft Works Schedule identifies ongoing and new projects which are considered to best meet the community’s expectations and needs and provides for flexibility in how section 94A contributions are to be used.

34.    The draft Works Schedule also identifies a more generic scope of works aimed at improving public domains, parks, facilities and shared pathways. This approach has been taken to allow section 94A funded works to be identified as an element of a larger integrated project to be funded from a combination of revenue sources such as General Funds, Voluntary Planning Agreements (VPA), and Grants.

35.    A copy of the Works Schedule is included in the draft Plan. The estimated cost of the works in the Works Schedule is $21,790,000.

36.    The proposed timeframes for the completion of works in the Works Schedule have been identified to allow for flexibility in the implementation of projects. Works have been categorised as to whether they will be delivered short term (by 2018), medium term (by 2020), long term (by 2026) or ongoing works.

37.    The proposed Work Schedule will be subject to regular review and adjusted as needed to take into account changing circumstances.

38.    It is proposed to apply a section 94A Contributions Plan across the Georges River LGA and is proposed to apply to development that is not subject to the existing development contributions plans, as outlined above.

 

Key Features of the Draft Georges River Council Section 94A Plan

39.    A copy of the draft Plan is attached to this report and has the following structure. The draft Plan has been peer reviewed by Greg New at GLN Planning to ensure that it complies with the legislative requirements.

40.    Section 1 Introduction: This Section summarises the provisions of the draft Plan.

41.    Section 2 Summary Schedules: This Section includes the Works Schedule (Table 1) which identifies the facilities, estimated cost and staging (ongoing, short, medium and long term). The Community Infrastructure Location Map (Appendix A) shows the location of the facilities.

The section 94A levy rates by category (Table 2) are in the draft Plan are shown below:

Types of Development

Levy Rate

(% of development cost)

Development (including complying development) that is not subject to a section 94 contribution under any other contributions plan that is in force under the EP&A Act, and the proposed cost of carrying out the development is:

 

(a)  $100,000 or less

Nil

(b)  between $100,001 and $200,000

0.5%

(c)  $200,001 or more

1%

 

42.    Section 3 Expected Development and Demand for Community Infrastructure:

This Section considers the relationship between the expected development in Georges River LGA (residential population growth) and the facilities identified in the draft Plan and the rational for the levy.

43.    Section 4 Administration and Operation of the Plan:

This Section includes details of where the draft Plan applies and its purpose, administrative details including commencement date, savings provisions, repealing of other Contribution Plans.

The draft Plan applies to applications for development consent and applications for complying development certificates under Section 5B of the Act that are not subject to a section 94 contribution under any other contributions plan.

It is proposed that the draft Plan repeal the “Kogarah City Council Section 94A Development Contributions Plan 2014” and that all funds held and collected under the Kogarah Section 94A Plan are applied toward the items listed in the Works Schedule in the draft Plan.

With regard to exemptions to the levy, the Minister for Planning has directed that section 94 levies will not be imposed on the following development:

§ where the proposed cost of carrying out the development is $100,000 or less,

§ for the purpose of disabled access,

§ for the sole purpose of providing affordable housing,

§ for the purpose of reducing the consumption of mains supplied potable water, reducing the energy consumption of a building,

§ for the sole purpose of the adaptive reuse of an item of environmental heritage, or

§ that has been the subject of a condition under section 94 under a previous development consent relating to the subdivision of the land on which the  development is proposed to be carried out.

 

Other development exempt from the levy under the draft Plan include: 

§ exempt development

§ s96 applications to modify development consent

 

Other exemptions from a levy under the Plan may be considered by the Council for the following development, or components of development:

 

§ Works undertaken for charitable purposes or by a registered charity (as defined by the ATO) but only in cases where the development is of a small scale, for example a retail outlet operated by the Salvation Army, St Vincent de Paul or similar organisations, and where the Council considers that there will not be an increase in the demand for public works or infrastructure as a result of the development which would warrant the payment of a Section94A levy.

§ Places of worship, public hospitals, police, fire stations and other emergency services.

§ Childcare facilities

§ Seniors housing, as defined in the State Environmental Planning Policy (Seniors Living) 2004, which is undertaken by a social housing provider.

§ Other community or educational facilities.

§ Development applications made for or on behalf of the Council for community infrastructure, such as but not limited to libraries, community facilities, child care facilities, recreational areas and facilities or car parks.

 

Applicants seeking exemption from a levy under the draft Plan must provide a comprehensive submission to Council which clearly demonstrates how the proposed development falls within the types of development listed in (c) to (h) above.

 

Council will consider the submission and determine whether an exemption applies. In considering any application for an exemption the Council will take into account:

 

i.    The extent to which the proposed development comprises or includes the provision, extension or augmentation of public facilities that provide a public benefit, and/or

ii.   Whether the applicant is affected by any adverse financial circumstances which will impact on its ability to fund the payment of any levy which is imposed in accordance with this Plan.

Public Exhibition of the draft Plan

 

44.    The Act and Regulations set out the process for making development contributions plans. Clause 28 of the Regulation requires that Council publicly exhibit the draft plan for a minimum of 28 days. Advertisements will be placed in the local paper notifying of the exhibition period of the draft Plan and a copy of the draft Plan and any supporting information will be made available at Council’s Customer Service Centres, Libraries and Council’s website.

 

Conclusion

45.    The draft Georges River Council Section 94A Development Contributions Plan 2016 has been prepared in order to ensure consistency in the levying of development contributions across the Georges River LGA.

46.    This report provides background to the preparation of the draft Plan, current situation in relation to section 94 and section 94A Development Contributions Plans and a summary of the provisions in the draft Plan. The draft Plan has been prepared in accordance with the requirements of the Act, the Regulation, Ministerial Directions and Department of Planning Circulars and Practice Notes.

47.    This report recommends that Council exhibit the draft Plan for a minimum period of 28 days in accordance with the requirements of the EP&A Act and Regulations.

48.    Following exhibition of the draft Plan a report will be presented back to the Council detailing comments raised in submissions received during the public exhibition period.

 

Financial Implications

49.    This plan is anticipated to generate approximately $1.5 million to $1.8million per annum which will be dedicated to making significant improvements to local infrastructure and services for the community. All ongoing costs associated with the collection and management of the funds are covered by the contributions raised.

 

File Reference

16/1052

 

 

 

ATTACHMENTS

Attachment View1

Draft Georges River Council Section 94A Development Contributions Plan

 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL077-16          Draft Georges River Council Section 94A Development Contributions Plan 2016

[Appendix 1]         Draft Georges River Council Section 94A Development Contributions Plan

 

 

Page 12

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL077-16          Draft Georges River Council Section 94A Development Contributions Plan 2016

[Appendix 1]         Draft Georges River Council Section 94A Development Contributions Plan

 

 

Page 28

 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL077-16          Draft Georges River Council Section 94A Development Contributions Plan 2016

[Appendix 1]         Draft Georges River Council Section 94A Development Contributions Plan

 

 

Page 29

 


 

 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL077-16          Draft Georges River Council Section 94A Development Contributions Plan 2016

[Appendix 1]         Draft Georges River Council Section 94A Development Contributions Plan

 

 

Page 30

 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL077-16          Draft Georges River Council Section 94A Development Contributions Plan 2016

[Appendix 1]         Draft Georges River Council Section 94A Development Contributions Plan

 

 

Page 33

 


 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                         Page 41

Item:                   CCL078-16        Summary of Development Applications lodged and determined and new Class 1 Appeals filed 

Author:              Manager – Development Assessment, Tina Christy and Manager Planning and Development, George Andonoski

Directorate:      Office of Environment and Planning

Matter Type:     Environment and Planning

 

 

Recommendation

(a)     That the information on development applications lodged and determined and new Class 1 Appeals filed for August 2016 be received and noted.

 

Executive Summary

1.      A snap-shot of Georges River Council’s development applications over the past 3 months and also new Class 1 Appeals lodged with the Land and Environment Court for the month of August 2016 is contained within this report. 

 

2.      The information includes details on numbers received and determined, a breakdown of application types, mean and median time-frames and the estimated value of applications determined. This information will be prepared monthly and enable review of trends in assessment timeframes and Class 1 Appeals filed.

 

Background

3.       Georges River Council was proclaimed on 12 May 2016, combining the former Hurstville and Kogarah City Councils. The development application determination numbers and time-frames for the months of May, June and July are set out below.

 

4.      These figures are based on the gross turn-around times and include development applications, s96 modification applications, and s82A review of determinations (included in the DA figures). The gross determination figure has been used to ensure any anomalies in the data sets from the two previous Councils are assimilated.

 

5.      The figures for the Outstanding Applications in the table for May cannot be retrieved retrospectively, hence those figures commence from June 2016. This will be provided on a monthly basis in future reports.

 

6.      The major category of developments being lodged with Georges River are Residential New, Residential Alterations and Additions and New Second Occupancies. This is evident in the attached Appendix which has a detailed breakdown of each development type, the value of work for each type, the numbers received and determined and the mean determining times for each category.

 

7.      There has been an increase in the number of applications determined for the past month reflecting a variety of application types. The number being lodged is remaining consistent.

 

Month

Applications Received

Applications Determined

Outstanding Applications

Mean Gross Days for DAs

Mean Gross Days for s96

JUNE

92

87

341

154

129

 

 

 

 

 

JULY

76

66

351

200

106

 

 

 

 

 

AUG

86

106

323

194

120

 

 

 

 

 

 

8.      The following new Class 1 Appeals have been filed with the Land and Environment Court for Aug:

Filed 11/8/16 – LEC No. 241879 of 2016 – Appeal against s121B Order – Marion McDowell and Associates – 58 and 60 Blackshaw Avenue Mortdale.

 

Financial Implications

9.      Within budget allocation.

 

 

 

ATTACHMENTS

Attachment View1

Combined Application Statistics

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL078-16          Summary of Development Applications lodged and determined and new Class 1 Appeals filed

[Appendix 1]         Combined Application Statistics

 

 

Page 42

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 44

Item:                   CCL079-16        Section 82A Review of Determination - 8 Lily St Hurstville 

Author:              Manager – Development Assessment, Tina Christy

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

 

Recommendation

(a)     That the Section 82A Review of Determination for 8 Lily St Hurstville, recommended by the be the Georges River Independent Hearing and Assessment Panel meeting held on 8 September 2016, be considered and the matter be determined.

 

Executive Summary

1.      At Georges River Council’s Extraordinary meeting on 19 May 2016, it was resolved that the delegations to the Interim General Manager pursuant to s377 of the Local Government Act 1993 be approved. These delegations also listed functions which may not be delegated, which included;  “the review of a determination made by the council, and not by a delegate of  the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ;”

2.      The original Development Application – DA2014/1131 was refused by Council at its meeting on 20 April 2016. This application was for demolition of the existing structures and construction of a 2/3 storey dwelling, secondary dwelling, detached garage, swimming pool, and front fence.

3.      This subsequent s82A Review of Determination Application was lodged to Council on 21 June 2016 and includes some design changes.

4.      This application was referred to the Independent Hearing and Assessment Panel at its meeting on 8 September 2016 with a recommendation for refusal.

5.      The Panel endorsed the recommendation for refusal.

6.      The six month appeal period ceases on 20 October 2016.

 

Background

7.      The original Development Application – DA2014/1131 was refused by Council at its meeting held on 20 April 2016.

8.      The application was for demolition of the existing structures and construction of a 2/3 storey dwelling, secondary dwelling, detached garage, swimming pool, and front fence.

9.      The s82A Review of Determination Application made some minor design changes which are detailed in the attached report.

10.    Two (2) submissions were received to the Review Application.

11.    The Review application was referred to the IHAP at its meeting on 8 September with a recommendation for refusal.

12.    The Panel undertook a site inspection on that day.

13.    After reviewing the report from Council’s officers,  submissions received, the site inspection and all relevant documents lodged with the Review Application; the Panel recommended that the application be refused as per the report.

14.    The Panel recommendation is attached for Council’s information.

 

 

Financial Implications

15.    No budget impact for this report.

 

 

 

ATTACHMENTS

Attachment View1

Report to the IHAP - 8 Lily St Hurstville

Attachment View2

IHAP Minutes - 8 Lily Street Hurstville

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL079-16          Section 82A Review of Determination - 8 Lily St Hurstville

[Appendix 1]         Report to the IHAP - 8 Lily St Hurstville

 

 

Page 46

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL079-16          Section 82A Review of Determination - 8 Lily St Hurstville

[Appendix 2]         IHAP Minutes - 8 Lily Street Hurstville

 

 

Page 67

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 69

Item:                   CCL080-16        Section 82A Review of Determination - 37 Ogilvy St Peakhurst 

Author:              Manager – Development Assessment, Tina Christy

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 

 

Recommendation

(a)     That the Section 82A Review of Determination for 37 Ogilvy St Peakhurst recommended by the Georges River Independent Hearing and Assessment Panel meeting held on 22 September 2016, be considered and the matter be determined.

 

Executive Summary

1.      At Georges River Council’s Extraordinary meeting on 19 May 2016, it was resolved that the delegations to the Interim General Manager pursuant to s377 of the Local Government Act 1993 be approved. These delegations also listed functions which may not be delegated, which included;  “the review of a determination made by the council, and not by a delegate of  the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ;”

2.      The original Development Application – DA2015/0057 was refused by Council at its meeting on 4 May 2016. This application was for demolition of the existing structures and construction of a two (2) storey detached dual occupancy with four (4) bedrooms each and front fence.

3.      This subsequent s82A Review of Determination Application was lodged to Council on 12 July 2016.

4.      This application was referred to the Independent Hearing and Assessment Panel at its meeting on 22 September 2016 with a recommendation for refusal predominantly due to overshadowing of the private open space for the adjoining townhouse/villa development.

5.      The Panel recommended that the application be approved with standard conditions for a dual occupancy.

6.      A Class 1 Appeal has been lodged with the Land and Environment Court.

 

Background

7.      The original Development Application – DA2015/0057 was refused by Council at it’s meeting held on 4 May 2016.

8.      The application was for demolition of the existing structures and construction of a detached dual occupancy.

9.      Each dwelling is to consist of four (4) bedrooms and a study.

10.    The sites are orientated east-west and a townhouse/villa development adjoins the property to the south, with their private open space orientated to the north of their site.

11.    The s82A Review of Determination Application made no changes to the original design considered by Council.

12.    Three (3) submissions were received to the Review Application.

13.    The Review application was referred to the IHAP at its meeting on 22 September with a recommendation for refusal.

14.    The Panel undertook a site inspection on that day.

15.    After reviewing the report from Council’s officers, the submissions received, the site inspection and all relevant documents lodged with the Review Application; the Panel recommended that the application be approved with standard conditions for a dual occupancy.

16.    The original report to the Panel, the Panel’s recommendation and the standard conditions of consent should the Council approve the application are attached for the benefit of the Council.

 

Financial Implications

17.    No budget impact for this report.

 

File Reference

REV2016/0018

 

 

 

ATTACHMENTS

Attachment View1

Report to IHAP - 37 Ogilvy St Peakhurst

Attachment View2

IHAP Minutes - 37 Ogilvy St Peakhurst

Attachment View3

Standard condtions

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL080-16          Section 82A Review of Determination - 37 Ogilvy St Peakhurst

[Appendix 1]         Report to IHAP - 37 Ogilvy St Peakhurst

 

 

Page 71

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL080-16          Section 82A Review of Determination - 37 Ogilvy St Peakhurst

[Appendix 2]         IHAP Minutes - 37 Ogilvy St Peakhurst

 

 

Page 91

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL080-16          Section 82A Review of Determination - 37 Ogilvy St Peakhurst

[Appendix 3]         Standard condtions

 

 

Page 93

 

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2015/0057 for the demolition of the existing dwelling and construction of a dual occupancy (detached) on Lot 5 DP 230613 and known as 37 Ogilvy Street Peakhurst, subject to the attached conditions:

 

Schedule A – Site Specific Conditions

 

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

 

1.         GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

 

Reference No.

Date

Description

Revision

Prepared by

DA05  Issue 01

20.02.15

Demolition Plan, Erosion & Sediment Control

01

RM Designers

DA 06 Issue 03

30.04.15

Site Plan

03

RM Designers

DA 07 Issue 02

30.04.15

Ground Floor Plan

02

RM Designers

DA 08 Issue 03

17.04.16

First Floor Plan

01

RM Designers

DA 09 Issue 04

17.04.16

Elevations

03

RM Designers

DA 10 Issue 01

17.04.16

Sections

01

RM Designers

DA 11 Issue 02

17.04.15

Landscape Plan

02

RM Designers

DA13 Issue 01

20.02.15

Schedule of Finishes

01

RM Designers

DA15 Issue 02

30.04.15

Window Schedule 1 of 2

02

RM Designers

 

2.         GEN1002 - Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

         

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

 

Please contact Council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

 

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

 

          (a)     Fees to be paid:

 

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

S94 Residential (Community Facilities)

S94 Residential (Open Space, Recreation, Public Domain)

 

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

 

PCA Services Fee

$1,738.50

Construction Certificate Application Fee

$1,738.50

Construction Certificate Imaging Fee

$177.00

  

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

3.         GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

 

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

 

Contribution Category                                                              Amount

 

Community Facilities                                                                 $  2,478.00

 

Open Space, Recreation and Public Domain Facilities     $ 17,522.00

 

Total:                                                                                            $ 20,000.00

 

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

 

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

 

c. Timing and Method of Payment

The contribution must be paid prior to the release of a Construction Certificate as specified in the development consent

 

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

 

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable).

 

Contributions must be receipted by Council before a Construction Certificate is issued.

 

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville) or viewed on Council’s website www.georgesriver.nsw.gov.au.

 

4.         GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

 

5.         GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

 

(a)       Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,900.00.

 

(b)       Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $145.00.

 

(c)        At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

 

(d)       Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

 

(e)       Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

 

(f)        Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

 

6.         APR2000 - Development Assessment - Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Georges River Council for the Torrens Title Subdivision.  This development application can only be lodged and determined after an Occupation Certificate has been issued for the Dual Occupancy development.

 

7.         APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

 

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

 

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

 

(a)  Placing or storing materials or equipment;

(b)  Placing or storing waste containers or skip bins;

(c)   Erecting a structure or carrying out work

(d)       Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e)  Pumping concrete from a public road;

(f)   Pumping water from the site into the public road;

(g)  Constructing a vehicular crossing or footpath;

(h)  Establishing a “works zone”;

(i)         Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j)    Stormwater and ancillary works in the road reserve; and

(k)   Stormwater and ancillary to public infrastructure on private land

(l)         If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

 

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

 

The relevant Application Forms for these activities can be downloaded from Georges River Council’s website at: www.georgesriver.nsw.gov.au 

 

For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.

 

8.         APR6002 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate. 

 

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Georges River Council’s Website: www.georgesriver.nsw.gov.au.

 

Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours.  Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

 

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

 

9.         APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road

 

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

 

10.       GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

 

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

 

The “Notice of Requirements” must be submitted prior to the commencement of work.

 

11.       GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

 

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

 

12.       CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

 

(a)  Compliance with the approved Erosion and Sediment Control Plan

(b)  Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(c)   all clean water run-off is diverted around cleared or exposed areas

(d)  silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering  drainage systems or waterways

(e)  all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f)   controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g)  all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h)  Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

 

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

 

13.       CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

 

·    location of protective site fencing;

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction, e.g. stockpiles

·    provisions for public safety;

·    dust control measures;

·    method used to provide site access location and materials used;

·    details of methods of disposal of demolition materials;

·    method used to provide protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/skip bins;

·    details of proposed sediment and erosion control measures;

·    method used to provide construction noise and vibration management;

·    construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation.  The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity.  A copy of the Site Management Plan must be retained on site and is to be made available upon request.

 

14.       CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

 

(i)    Location of existing and proposed structures on the site including existing trees (if applicable);

(ii)   Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii)  Location, numbers and type of plant species;

(iv)  Details of planting procedure and maintenance;

(v)   Details of drainage and watering systems.

 

15.       CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 611435S and No. 611450S, both dated 24 February 2015, approved with the Development Consent DA2015/0057, must be implemented on the plans lodged with the application for the Construction Certificate.

 

16.       CC3001 - Development Engineering - Stormwater System

 

Reference No.

Date

Description

Revision

Prepared by

2015068 Sheet 1 of 1

22.02.2015

Stormwater Plan

A

MBC Engineering Pty Ltd

 

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

All stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

 

17.       CC3004 - Development Engineering - Stormwater Drainage Plans - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

 

18.       CC3005 - Development Engineering - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

 

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed.  The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

 

(a)  Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

 

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

 

(b)   The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

 

This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms.

 

Full details shall accompany the application for the Construction Certificate

 

19.       CC5004 - Trees - Tree Removal & Replacement - Public Land - Permission is granted for the removal of the following trees located on Councils public footpath:

 

(a)       One (1) Eucalyptus microcorys (Tallowwood), located adjacent to subject property.

 

This is work is to be undertaken at the applicant's expense.  Please refer to Section O1 in Council's adopted Schedule of Fees and Charges for the administration and replacement tree fees which apply to this work.

 

Fee Type

Fee Type

Amount

Administration Fee for Tree Removal

RC83

$150.00

Replacement Tree Fee (per Tree)

RC83

$125.00

 

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

 

The fees must be paid to Council prior to the issue of the Construction Certificate and evidence of payment must be provided to the Principal Certifying Authority.

 

Private Contractor to undertake the work; the private contractor must have a minimum of $10 million dollars public liability insurance. Prior to the commencement of any work, the form entitled Application for the Removal of a tree by private contractor on public footpath accompanied by evidence of the Public Liability Insurance must be lodged with Georges River Council Tree Services Division.

 

20.       CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the following trees:

 

(a)       One (1) Melaleuca quinquenervia (Paperbark), located in the front yard right

(b)  One (1) Acer sp (Maple Sp), located in the rear yard right side

 

Four (4) trees selected from the list of suitable species in the Georges River Council’s Tree Removal and Pruning Guidelines must be replanted within the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

 

The selected trees shall have a minimum pot size of 5 litres. A copy of Georges River Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.georgesriver.nsw.gov.au.

 

21.       CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

 

22.       CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

 

(a)  piers

(b)  footings

(c)   slabs

(d)  columns

(e)  structural steel

(f)   reinforced building elements

(g)  retaining walls

(h)  stabilizing works

(i)    structural framework

 

23.       CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Georges River Council prior to the issue of any Construction Certificate.

 

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

 

24.       PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Georges River Council in conjunction with this consent must be erected in a prominent location on site.  The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls.  The sign must remain in a prominent location on site up until the completion of all site and building works.

 

25.       PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

 

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

 

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

 

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au.

 

26.       PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

 

a)         The developer /builder must notify adjoining residents five (5) working days prior to demolition.  Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

 

b)         Five (5) working days prior to demolition, the developer/builder is to provide written notification to Georges River Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

 

c)         On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

 

27.       PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

 

28.       PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate.  The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

 

29.       PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

 

(a)  Set out before commencing excavation.

 

(b)  Floor slabs or foundation wall, before formwork or commencing brickwork.

 

(c)   Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

 

(d)  Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.  In multi-storey buildings a further survey must be provided at each subsequent storey.

 

(e)  Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

 

(f)   Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans.  A final Check Survey must indicate the reduced level of the main ridge.

                

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

 

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

 

30.       CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

 

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

 

31.       CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

 

32.       CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

 

33.       CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

 

34.       CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Georges River Council.

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

 

35.       OCC3001 - Development Engineering - Positive Covenant for On-site Detention Facility - A Positive Covenant is to be created over any on-site detention facility.

 

This covenant is to be worded as follows:

 

It is the responsibility of the lots burdened to keep the "On-Site Detention" facilities, including any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The "On-Site Detention" facilities are not to be modified in any way without the prior approval of Council.

 

Georges River Council is to be nominated as the Authority to release, vary or modify this Covenant.

 

The Positive Covenant shall be registered at the NSW Department of Lands prior to the issue of a Final Occupation Certificate.

 

36.       OCC3002 - Development Engineering - Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.

 

A works-as-executed drainage plan and certification must be forwarded to the Principal Certifying Authority and Georges River Council, from a suitably qualified and experienced Hydraulic Consultant/Engineer.

 

This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the Certifying Authority.

 

The works-as-executed drainage plan must prepared by a suitably qualified and experienced Hydraulic Engineer in conjunction with a Registered Surveyor and the works-as-executed plan must include the following details (as applicable):

 

(a)   The location of any detention basin/s with finished surface levels;

(b)   Finished site contours at 0.2 metre intervals (if applicable)

(c)   Volume of storage available in any detention areas;

(d)   The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

(e)   The orifice size/s (if applicable);

(f)    Details of any infiltration/absorption systems; and (if applicable);

(g)   Details of any pumping systems installed (including wet well volumes).(if applicable)

 

37.       OCC3011 - Development Engineering - Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the Principal Certifying Authority (PCA) prior to the issue of the Occupation Certificate:

 

(a)  All the stormwater/drainage works shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(b)  The internal driveway construction works, together with the provision for all services (conduits and pipes laid) shall be completed in accordance with the approved Construction Certificate plans prior to the issue of the Occupation Certificate.

(c)   Construct any new vehicle crossings required.

(d)  Replace all redundant vehicle crossing laybacks with kerb and guttering, and replace redundant concrete with turf.

(e)  A Section 73 (Sydney Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate.

(f)   Work as Executed Plans prepared by a Chartered Professional Engineer or a Registered Surveyor when all the site engineering works are complete shall be submitted to the PCA prior to the issue of the Occupation Certificate.

 

38.       OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate No. 611435S and No. 611450S, both dated 24 February 2015, and in the plans approved with the Development Consent, before issue of the Occupation Certificate.

 

39.       OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

 

40.       OCC6001 - Engineering - Vehicular crossing - Minor development - The vehicular crossing and/or footpath works shall be constructed by a private contractor at the expense of the beneficiary of this consent, in accordance with the Vehicular Crossing Approval issued by Council’s Engineering Services Division and in accordance with Council’s Specification for Vehicular Crossings and Associated Works and the issued.

 

Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

 

Please Note: No stencilled or coloured concrete may be used outside the boundary of the property.

 

The work must be completed before the issue of an Occupation Certificate.

 

41.       OCC3010 - Development Engineering   - Allocation of New Street Addresses

 

·    Proposed Lot 1 shall be known as 37 A Ogilvy St

·    Proposed Lot 2 shall be known as 37 B Ogilvy St

 

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

 

42.       ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

 

43.       ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

 

(a)   Permit stormwater to be temporarily detained by the system;

 

(b)   Keep the system clean and free of silt rubbish and debris;

 

(c)   If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

 

(d)   Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

 

(e)   Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

 

(f)    Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

 

(g)   Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

 

(h)   Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

 

(i)    Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

 

(j)    Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

 

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

 

44.       ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling.  The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

 

For more information visit www.workcover.nsw.gov.au.

 

Schedule B – Prescribed Conditions

 

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

 

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

 

45.       PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

 

46.       PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.  In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

 

47.       PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign.  The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

 

48.       PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council.  The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

 

49.       PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

 

Schedule C – Operational & Statutory Conditions

 

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

 

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

 

50.       OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

 

An application form for a Construction Certificate is attached for your convenience.

 

51.       OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

 

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

 

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

 

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c)  notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

 

An Information Pack is attached for your convenience should you wish to appoint Georges River City Council as the Principal Certifying Authority for your development.

 

52.       OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

 

(a)     the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b)     the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

 

53.       OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days’ notice to the Council and the PCA of their intention to commence the erection of a building.

 

A Notice of Commencement Form is attached for your convenience.

 

54.       OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority.  The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

 

55.       OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

 

Where Georges River Council has been appointed PCA, forty eight (48) hours’ notice in writing, or alternatively twenty four (24) hours’ notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

 

56.       OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

 

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

 

An Occupation Certificate Application Form is attached for your convenience.

 

If you need more information, please contact the Development Assessment Officer, below on 9330-6400 during normal office hours.

 

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                       Page 111

Finance and Governance

 

Item:                   CCL081-16        Advice on Court Proceedings - September 2016 

Author:              General Counsel, Jenny Ware

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

a)      That the information be received and noted.

 

1.      Advice on Council’s Court proceedings for the period 27 August to 23 September 2016 is contained within this report.  The current Court proceedings for the reporting period are broken down as follows:

Land and Environment Court Appeals

·        8 x Class 1 (Merit/DA)

·        1 x Class 2 Appeal (Appeal against Order)

·        2 x Class 4 Proceedings

Local Court

·        12 x Prosecutions

District Court

·        1 x Defamation Proceedings

 

Total Costs

2.      Total costs to date for matters contained within this report are $501,580.03.  This figure comprises:

·        $379,749.66 up to 2015/16 financial year; and

·        $121,830.37 for 2016/17 financial year.

 

New Matters

3.      No new matters were received during the reporting period.

 

Finalised Matters

4.       No matters were finalised during the reporting period.

 

 

 

Background

 

5.      The Court proceedings current for the reporting period for Council are set out below.  The external costs include both external legal and consultants’ fees.

 

 

 

 

No.

Property Address / Applicant / Proceedings Number

Description of Matter

Status / Critical Dates

External Costs to Date Up to 2015/16 FY

External Costs to Date From 2016/17 FY

Land and Environment Court Proceedings – Class 1 Appeals

1

849 King Georges Road

SOUTH HURSTVILLE

 

Applicant:

Nassar Hussein

 

Proceedings No.

157514 of 2016

 

Class 1 Appeal against the deemed refusal  of development application DA2015/234 for demolition of existing dwelling and construction of a two storey place of public worship (being a mosque with associated classrooms) over three levels of basement car parking.

Matter heard by the Court listed for hearing on 22-25 August 2016.    Sandra Duggan Senior Counsel is appeared on behalf of Council.  Applicant filed amended plans and amended Operational Plan of Management during the hearing.  Judgment reserved.

$51,147.68

$46,251.50

2

799 Forest Road PEAKHURST

 

Applicant:

CC Builders (NSW) Pty Ltd

 

Proceedings No.

155689 of 2016

Class 1 Appeal against deemed refusal of development application DA2015/0457 for demolition of existing dwelling and construction of a multi dwelling housing development including six dwellings. 

 

Following S34 conference held on 16 June 2016, Applicant has lodged an amended proposal for consideration.  Amended proposal sent to residents and experts for consideration. Applicant to provide further information on tree retention, structural advice, stormwater and landscaping for consideration prior to entering the S34 agreement.

$8,720.00

$12,491.25

3

78 Stuart Street

BLAKEHURST

 

Applicant:

Nicholas and Maria Kotsifas

 

Proceedings No.

156135 of 2016

 

Class 1 Appeal against actual refusal of Section 96 application to modify approved development application 306/2012/3 for detached extended family unit and swimming pool to delete conditions relating to vehicular and construction access from River Street.

Matter proceeded to full Court hearing as S34AA   conciliation conference was terminated on site on 25 July 2016. Court judgment maintained Council’s refusal of vehicular access from River Street.

$2,911.70

$22,687.48

4

58 Lawrence Street

PEAKHURST

 

Applicant:

Mehedin Abdul-Rahman

 

Proceedings No.

162874 of 2016

Class 1 Appeal against deemed refusal of development application DA2016/0051 for demolition of existing dwellings and structures and subsequent construction of a multi dwelling housing development comprising seven dwellings, basement car parking and associated landscaping.

S34 conference stood over to 4 October 2016. Applicant to provide amended plans by 23 September 2016. Council to provide comments by 30 September 2016.

$0

$0

5

26 Parkside Drive

KOGARAH BAY

 

Applicant:

Jim and Harriet Raftopoulos

 

Proceedings No.

163044 of 2016

Class 1 Appeal against actual refusal of development application DA2015/0172 for the Torrens Title subdivision and construction of a new dwelling on a new rear lot.

Amended plans filed with the Court. S34AA conciliation conference commenced on 12 September 2016 and was terminated by the Commissioner and proceeded to full hearing on 12-13 September 2016. Judgment reserved.

$2,370.50

$4,691.50

6

37 Ogilvy Street

PEAKHURST

 

Applicant:

Rabi Moussawell

 

Proceedings No.

195732 of 2016

Class 1 Appeal against actual refusal of development application DA2015/0057 for the demolition of existing dwelling and construction of a two storey detached dual occupancy.

Matter listed for S34AA conciliation and hearing on 19 and 20 October 2016.

$0

$6,533.00

7

1-3 Peake Parade

PEAKHURST

 

Applicant:

Jack Fatouleh

 

Proceedings No.

221690 of 2016

Class 1 Appeal against actual refusal of development application DA2015/0031 for the demolition of existing structures, construction of a three storey residential flat building and basement parking.

Matter listed for S34 conference on 14 October 2016.

$0

$10,585.16

8

58 and 60 Blackshaw Avenue

MORTDALE

 

Applicant:

Marion McDowell and Associates

 

Proceedings No.

241879 of 2016

Class 1 Appeal against Council Order for demolition of existing unauthorised  structure.

Matter listed for S34 conference on 29 November 2016.

 

 

Land and Environment Court Proceedings – Class 4 Proceedings

 

1

84D Roberts Avenue

MORTDALE

 

Parties:

 

Romanous Developments Pty Ltd

 

Proceedings No.

40883 of 2013

 

Class 4 commenced in relation to unauthorised works.  Following Court Orders, the respondents have complied with their initial obligations to appoint a site auditor and to finalise the necessary remediation plan.  Council’s costs paid by respondents.

Site subject to ongoing monitoring and compliance with Court Orders.

$283,921.51

$0

2

37 Boronia Street

KYLE BAY

 

Parties:

Mrs Megan McOnie

 

Proceedings No.

40940 of 2015

 

Class 4 commenced in relation to failing to comply with Council Notices/Orders relating to a non-compliant swimming pool fence, overgrown vegetation and unhealthy swimming pool water.

Court Orders in support of Council’s Notices/Orders were provided on 21 April 2016.  Application for substituted service on Respondent commenced.

$20,658.60

$5,575.65

Land and Environment Court Proceedings – Class 2 Appeals

 

1

1 Arnold Street

PEAKHURST

 

Parties:

Mofeed Louis Tanious

 

Proceedings No.

155914 of 2016

Class 2 commencing in relation to failing to comply with Council Notices/Orders concerning keeping of poultry birds.

Judgment handed down on 11 August 2016. Mr Tanious to remove all poultry from premises with exception of 10 chickens and 5 other poultry. 90 days to comply. Mr Tanious lodged a s56A appeal on question of law and matter listed for hearing on 1 November 2016.

$0

$0

Local Court Proceedings

 

1

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

Appeal against PIN for breaches of development consent. Defendant pleaded not guilty.

Matter part heard on 20 May 2016. Listed for further hearing on 26 October 2016.

$221.50

$0

2-6

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

 

 

Appeals against five PINs for breaches of development consent and one water pollution offence under POEO Act. Defendant entered not guilty pleas on all offences.

Matter listed for fully contested hearing on all matters on 21 February 2017.

$190.00

$3,582.00

7-12

25 Koorabel, 25A Koorabel, 25B Koorabel Street

LUGARNO

 

Parties:

Daoud & Daoud Developments Pty Ltd

Appeals against six PINs issued for carrying out development not in accordance with development consent.

Matter listed for hearing for on 6 April 2017. Council to submit brief by 6 March 2017.

$0

$3,131.48

District Court Proceedings

 

1

Con Hindi v Michael Watt

 

No. 99504 of 2016

Proceedings commenced against former Council staff member for defamation.

Council has no part in the proceedings except for payment of insurance excess under its councillor and officer liability insurance policy.

$9,608.17

$6,301.35

 

 

 

SUB TOTAL

$379,749.66

$121,830.37

 

 

 

TOTAL

 

$501,580.03

 

6.      The cost savings to date are as follows:

 

Month

Savings

July

$34,000.00

August

$24,000.00

September

$0

Total

$58,000.00

 

 

 

Financial Implications

1.      Within budget allocation.

 

File Reference

09/1077

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                       Page 117

Item:                   CCL082-16        Investment Report as at 31 August 2016 

Author:              Coordinator Financial Management, Francis Mangru

Directorate:      Office of Chief Operating Officer

Matter Type:     Finance and Governance

 

 

Recommendation

a)      That the Investment Report as at 31 August 2016 be received and noted.

 

Executive Summary

1.      This report details Council’s performance of its investment portfolio for August 2016 and compares it against key benchmarks. The report includes the estimated market valuation of Council’s investment portfolio, loan liabilities, and an update on Council’s legal action against various parties.

 

2.      Council’s financial year to date return is 3.44%, which is 1.18% above benchmark. Income from interest on investments and proceeds from sale of investments totals $959,000, $137,000 above 2016/17 budget.

 

Background

3.      Council’s Responsible Accounting Officer, is required to report monthly on Council’s Investment Portfolio and certify that the Investments are held in accordance with Council’s Investment Policy and Section 625 of the Local Government Act.

 

Investment Performance Commentary

4.      Council’s performance against the benchmark for returns of its investment portfolio for August 2016, are as follows:

       

 

 

 

 

 


 

5.      Council’s investment portfolio as at the end of August was as follows:

 

 

 

 

 

 

 

 


Council’s Investment Properties Portfolio

6.      Council’s investment properties updated as at the end of August were as follows:

 

 

 


         

7.      The investment property valuations listed above have been undertaken in accordance with the revaluation process to ‘fair value’ by an independent valuer, in compliance with the Australian Accounting Standards.

 

8.      Council continues to utilise the Federal Government’s current guarantee   ($250,000) investing in Term Deposits with a range of Authorised Deposit Taking Institutions (ADI’s) on short to medium term investments (generally 30 days to 180 days maturity) where more competitive rates are available.

 

9.      Council’s income from investments is above budget, due mainly to Council receiving more funds from Section 94 contributions, with investment income for General Revenue remaining steady.

 

Legal Issues

10.    Council is participating in the IMF class action regarding Lehman Brothers Australia Liquidation. An interim dividend of $7.69 million net of costs has been received as at 31 August 2016. The class action has now been finalised.

 

Loan Liability

11.    Council’s loan liability as at 31 August was $3 million which represents the balance of $5 million ten (10) year loan drawn down on 16 November 2012 for Jubilee Park upgrade. Next repayment of $125,000 is due 29th September 2016. The outstanding balance on this facility is at a variable interest of 194 basis points over 3 month BBSW. At the current 3 month BBSW rate, the interest rate payable is 4.09%pa.

 

12.    Council receives a 4.00% pa subsidy under the NSW Government’s Local Infrastructure Renewal Scheme funding agreement for this Jubilee Park upgrade facility. Thus the net cost of this money is only 0.09%pa. It is intended to continue this financially-advantageous arrangement through to full term in 2022.

Cost of Loan/3 month Bank Bill Swap Rates (BBSW)

Comparison

 

 

 

 

 

 

 

 

 

 


Policy Limits

13.    The following graph shows the limits, as a percentage of total cash investments, of the amount by periods, as allowed under Council’s policy, and comparing them to the amounts actually invested, as a percentage of the total cash investments.

 

14.    It shows that the funds invested are within the limits set in the Investment Policy.

Policy Limits on Maturities

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Investment Portfolio as at 31 August 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


* Market value are indicative prices only, and do not necessarily reflect the price at which a transaction could be entered into.

 

Investment Income

                                                     

 

 

 

 

 

 

 

 

Certificate by Chief Financial Officer (Responsible Accounting Officer): John Maunder

 

15.    Investments have been made in accordance with the Local Government Act, Minister’s Guidelines, Regulations and Council’s Investment Policy.

 

Analysis of Investments

16.    The following graphs show analysis of the total cash investment by:

 

·        Institutions

·        Type of Investment

·        Durations

·        Rating

 

Investment by Institution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment Duration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


17.    Council’s portfolio is very liquid, with 17% of assets maturing within 3 months and an additional 24% maturing within 12 months. FRNs, funds and fixed bonds also provide additional liquidity in an emergency.

 

Financial Implications

 

18.    Income from interest on investments and proceeds from sales of investments totals $959,000, being $137,000 above revised budget projections.

 

Types of Investments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


         

19.    Council’s investment portfolio is mainly directed to term deposits, which account for approximately 48% of total investments. Yields have steadily contracted, while tracking bond market volatility in the short term.

 

20.    Bank Floating Rate Notes (FRN) offer liquidity and a higher rate of income accrual, which is highly recommended by our Investment Advisors (CPG Research & Advisory) going forward.

 

21.    The following are the types of investments held by Council:

 

a)      At Call refers to funds held at a financial institution, and can be recalled by Council either same day or on an overnight basis.

 

b)      A Floating Rate Note (FRN) is a debt security issued by a company with a variable interest rate. This can either be issued as Certificates of Deposit (CD) or as Medium Term Notes (MTN). The interest rate can be either fixed or floating, where the adjustments to the interest rate are usually made quarterly and are tied to a certain money market index such as the Bank Bill Swap Rate.

 

c)      A Fixed Rate Bond is a debt security issued by a company with a fixed interest rate over the term of the bond.

 

d)      A managed fund is a professionally managed investment portfolio that individual investors can buy into, purchasing 'units' rather than shares. Each managed fund has a specific investment objective. This is usually based around the different asset classes (cash, fixed interest, property and shares). The money you invest is used to buy assets in line with this investment objective. When you invest in a managed fund, you are allocated a number of 'units'. The value of your units is calculated on a daily basis and changes as the market value of the assets in the fund rises and falls.

 

* These managed funds have been grandfathered since the NSW State Government changed the list of Approved Investments as a result of the Cole enquiry (which was reflected in the Ministerial Order dated 31/7/2008).

 

Credit Rating

 

Investment by Rating

 

 

 

 

 

 

 

 

 

 

 

 


22.    Credit ratings are generally a statement as to an institution’s credit quality. Ratings ranging from AAA to BBB- (long term) are considered investment grade.

 

23.    A general guide as to the meaning of each credit rating that Council deals with is as follows:

 

AAA:               the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

         

AA:                 quality companies, a bit higher risk than AAA. An obligor has very strong capacity to meet its financial commitments. It differs from the highest-rated obligors only to a small degree.

 

A:                    economic situation can affect finance. An obligor has strong capacity to meet its financial commitments but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than obligors in higher-rated categories.

 

BBB:               medium class companies, which are satisfactory at the moment. An obligor has adequate capacity to meet its financial commitments. However, adverse economic conditions or changing circumstances are more likely to lead to a weakened capacity of the obligor to meet its financial commitments.

 

Unrated:         This category includes unrated Authorised Deposit-Taking Institutions (ADI’s) such as some Credit Unions and Building Societies to the extent not Commonwealth-guaranteed. No rating has been requested, or there is insufficient information on which to base a rating.

 

24.    The credit quality of Council’s portfolio is relatively high with approximately 70% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

 

25.    The remaining 30% rated ‘BBB’ or ‘unrated’ reflects the attractive deposit and Floating Rate Notes (FRN) investments with the regional and unrated ADIs.

 

 

 

 

 

 

 

 

 

 

 

 

Council’s Investment Powers

 

26.    Council’s investment powers are regulated by Section 625 of the Local Government Act, which states:

 

·        A council may invest money that is not, for the time being, required by the council for any other purpose.

·        Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

·        An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

·        The acquisition, in accordance with section 358, of a controlling interest in a corporation or an entity within the meaning of that section is not an investment for the purposes of this section.

 

27.    Council’s investment policy and strategy requires that all investments are to be made in accordance with;

 

·        Local Government Act 1993 - Section 625

·        Local Government Act 1993 - Order (of the Minister) dated 12 January 2011

·        The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) & (2)

·        Local Government (Financial Management) Regulation 1993

·        Investment Guidelines issued by the Department of Local Government

 

 

 

 

ATTACHMENTS

Attachment View1

Overview of Investments - August 2016

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL082-16          Investment Report as at 31 August 2016

[Appendix 1]         Overview of Investments - August 2016

 

 

Page 128

 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 135

Item:                   CCL083-16        Georges River Council - Corporate System Consolidation 

Author:              Chief Information Officer, Fresia Segovia

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

 

Recommendation

(a)     That in accordance with Section 55(3)(i) of the Local Government Act 1993 and the extenuating circumstances listed below, Council authorise the General Manager to negotiate directly with TechnologyOne and enter into an agreement with TechnologyOne for the provision of an Enterprise Resource Planning platform for Georges River Council:

 

i)       The amalgamation of the two council entities to create Georges River Council;

ii)      The need to bring synergy to the IT system between the two councils as an immediate priority and in an economic way, and bearing in mind an objective of the merger of the two council entities;

iii)     The assessment and implementation of the “TechnologyOne” system in place with experience by users at Hurstville City Council as it then was;

iv)     The costs burden in these circumstances in going to tender to make an assessment for an inferior financial outcome, to its users in providing a service to the community;

v)      The long term gains by “TechnologyOne” for a stronger solution to the new council entity; and

vi)     The tender process would add a significant time penalty in the implementation of a single ERP platform.

(b)     That the cost of developing and implementing the desired Enterprise Resource Planning platform for Georges River Council, as outlined in this report, be allocated from the State Government’s New Council Implementation Fund.

(c)     Financial Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act.

 

Executive Summary

Following the formation of Georges River Council it is necessary to establish a single Enterprise Resource Planning (ERP) computer software/hardware platform that meets the operational and strategic objectives of the council. To achieve this, the only option is to consolidate to one of the existing corporate systems. Taking into account key considerations this report recommends that Council adopt Technology One as the platforms of choice.

 

Background

1.      The former Kogarah City Council utilised the Civica/Authority platform as its ERP solution whilst the former Hurstville City Council utilised TechnologyOne to deliver similar services. It is not practical for Georges River Council to operate on two separate platforms. To maintain two separate platforms is inefficient, not cost effective and does not maximise the benefits for our community.

Accordingly, it is necessary to select a single ERP platform that maximises the functionalities being offered and provides best practice solutions for Georges River Council.

2.      TechnologyOne has been identified as the preferred platform of the two current vendors. The costs associated with this project will include: data migration, expansion of licenses, and implementation.

 

Project costs

3.      The project costs associated with the implementation of the TechnologyOne ERP includes the following:

·    Expansion of licences for the following modules:

Technology One System – Modules

Financial Systems

Supply Chain

Property & Rating - e-Property/Customer Request Management System/Regulatory

Mapping GIS integration

Mobility

Works & Assets Management (CRMS)

·    Project management, solution design and configuration;

·    Support costs.

4.      The total project cost is anticipated to be in the order of $1,000,000 capital investment with a $200,000 p.a. increase in annual maintenance. A detailed breakdown of project costs can be found in Attachment A – which is marked confidential due to its commercial in confidence nature.

5.      The decision to engage with a single preferred vendor is provided for under Section 55(3)(i) of the Local Government Act 1993, which states:

“a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.”

6.         The extenuating circumstances have been identified as:

·        The amalgamation of the two council entities to create Georges River Council.

·        The need to bring synergy to the IT system between the two councils as an immediate priority and in an economic way, and bearing in mind an objective of the merger of the two council entities.

·        The cost of changing systems (financial, time, resourcing, change management etc.) is significantly less when consolidating to the larger entity system.

·        The costs burden in these circumstances in going to tender to make an assessment for an inferior financial outcome, to its users in providing a service to the community.

·        The long term gains by “TechnologyOne” for a stronger solution to the new council entity.

·        The tender process would add a significant time penalty in the implementation of a single ERP platform.

·        The current configuration of the existing Technology One have the most current modules implemented and demonstrates a high level of integration with the Records and Mapping systems

·        Council has the internal capacity within the existing Technology team to support the change to Technology One.

 

7.      These are extenuating circumstances are brought about by the amalgamation of two former local government areas to create Georges River Council.

 

Conclusion

8.      TechnologyOne’s - OneCouncil platform is a well proven and established ERP solution that is widely used across the local government industry. Georges River Council has decided that this is the best suited ERP platform and seeks approval to negotiate directly and enter into an agreement with TechnologyOne for the provision of suitable modules from the TechnologyOne - OneCouncil suite of products.

 

9.      Section 55(3)(i) provides the basis to permit council to negotiate directly with a single vendor under the circumstances outlined above.

 

10.    The project costs of the contract as identified in the report are listed with a high confidence level of their accuracy. The Time and Materials cost are not fixed costs and Council can undertake a best value analysis before incurring these costs.

 

11.    There are other considerations with related software for Electronic Document Management, GIS and IT infrastructure that are not included in this proposal.

 

12.    The source of funds for this project is the State Government’s New Council Implementation Fund.  Council’s budget will be updated accordingly to reflect the expenditure over the life of this project.

 

Financial Implications

9.      Budget allocation for Capital investment of $1,000,000 which will be funded from the New Council Implementation Fund.

10.    Additional non-budgeted funds of $200,000 p.a. This increase in funding for annual maintenance will need to be sourced from General Revenue to fund increased expenditure under 1502.62672 Operating Budget 2016/2017.

 

 

File Reference

16/1429

 

ATTACHMENTS

Attachment View1

Corporate System Consolidation (Confidential)

 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 139

Item:                   CCL084-16        Disclosures of Pecuniary Interests by Designated Persons - Returns Register 2015-16 

Author:              Acting Manager Governance, Margaret Le

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

(a)     That the tabling of the disclosures of pecuniary interests by designated persons for the period ending 30 June 2016 be received and noted.

 

Executive Summary

1.      To table the disclosures of pecuniary interests returns by designated persons for the period 1 July 2015 to 30 June 2016 in accordance with Section 449(3) of the Local Government Act 1993 (the Act).

2.      To also table the disclosures of pecuniary interest returns for any newly designated persons in accordance with Section 449(1) of the Act.

 

Background

3.      Section 449(3) of the Act requires the lodgement of returns disclosing pecuniary interests of designated persons.

4.      A “designated person” is defined under Section 441 as the general manager, other senior staff of the council, any other staff member or delegate of the council who holds a position identified by the council as the position of a designated person because it involves the exercise of functions under the Act or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest.

5.      A designated person could also be any other person who is a member of a committee of the council, identified by the council as a committee whose members are designated persons, because the functions of the committee involve the exercise of the council’s functions under the Act, or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.

6.      Section 450A of the Act requires that the General Manager keep a register of the returns received and that this register be tabled at the first Council meeting held after the last day for lodgement, or in the case of newly designated persons, at the first meeting held after the last day for lodgement (i.e. within three months of becoming a designated person).

7.      The register will be tabled at tonight’s council meeting and is available for inspection by contacting council's Manager Governance.

 

Financial Implications

8.      No budget impact for this report.

 

 

 

 

 

   

Assets and Infrastructure

 

Item:                   CCL085-16        Georges River Council Asset Management Policy 2016 

Author:              Manager Assets Planning and Services, Obi Thomas

Directorate:      Assets and Infrastructure

Matter Type:     Assets and Infrastructure

 

Recommendation

(a)     That the Georges River Asset Management Policy attached to this report be adopted.

 

Executive Summary

1.      The NSW Integrated Planning and Reporting (IP&R) framework requires Councils to prepare a Community Strategic Plan (CSP) for their Communities.  Asset Management Planning forms an essential element in the resourcing strategy of the CSP to achieve desired community outcomes in relation to infrastructure assets. The Asset Management Policy proposed in this report supports the principles for asset management planning required by the Community Strategic Plan that George River Council will complete in September 2017.

 

Infrastructure Assets

2.      Council uses infrastructure assets to provide services to the community.  The range of infrastructure assets and the services provided by these assets is shown in Table 1.

 

Table 1: Assets used for providing Services

Asset Class

Description

Services Provided

Road Reserve

·    Roads

·    Footpaths

·    Kerb and gutters

·    Traffic Control Devices

·    Car parks

·    Retaining Walls

·    Street Furniture

Transportation of goods and services from production to market and consumers. Movement of people around the Council area for business, education, recreation and leisure.

Stormwater

·    Stormwater pipes and culverts

·    Drainage inlets and outlets (pits and headwalls)

·    Water Quality Improvement Devices

Collection of stormwater drainage runoff, removal of pollutants, conveyance and return to the environment to allow continued and safe use of private and public property.

Buildings

·    Community, cultural, commercial and leisure facilities. Car Parks

Community interaction and development.

Open Space and Recreation

·    Active and passive recreational areas, facilities and equipment., trees, bushland, foreshore/marine assets, natural assets

Community recreation and leisure.

 

Asset Values

3.      Georges River Council (comprising the former Hurstville and Kogarah City Councils) has infrastructure assets with a total replacement cost exceeding $1 Billion and depreciation expenses of almost $14 Million as shown in Table 2 below. It is therefore clear that infrastructure assets are an important consideration in Council’s financial planning.

Table 2: Financial Status of the Infrastructure Assets (30 June 2015)

Asset Class

Replacement Cost

($000)

Depreciated Replacement Cost ($000)

Depreciation Expense ($000)

Buildings

$207,461

$112,010

$3,463

Other Structures

$44,459

$25,852

$1,015

Roads

$527,180

$371,033

$5,381

Footpaths

$92,148

$57,160

$1,170

Stormwater Drainage

$151,546

$81,850

$1,471

Open Space & Recreation

$43,994

$23,607

$1,494

Total

$1,066,788

$671,512

$13,994

 

Long Term Financial Planning

4.      To ensure the long-term financial sustainability of Council, it is essential to balance the community’s expectations for services with their ability to pay for the infrastructure assets used to provide the services. Maintenance of service levels for infrastructure assets requires appropriate investment over the whole of the asset life cycle. The objectives of the Asset Management Strategy are to:

 

·        ensure that Council’s infrastructure services are provided in an economically optimal way, with the appropriate level of service to residents, visitors and the environment determined by reference to Council’s financial sustainability,

·        safeguard Council’s assets including built and natural assets and employees by implementing appropriate asset management strategies and appropriate financial resources for those assets,

·        adopt the long term financial plan as the basis for all service and budget funding decisions,

·        meet legislative requirements for all Council’s operations,

·        ensure resources and operational capabilities are identified and responsibilities  allocated accordingly,

·        provide high level oversight of financial and asset management responsibilities through the audit process and implementation of the Asset Management Strategy, Asset Management Plans and Long Term Financial Plan.

 

 

Service Levels

 

5.      In keeping with the objective of providing services at an appropriate level to residents, a review of service level methodologies by the former Kogarah and Hurstville City Councils was conducted.

 

6.      Further to the review, Georges River Council adopted the former Hurstville Council’s Service Level strategy in developing the first version of the Asset Management Strategy for the new combined Council.

 

7.      Between November 2014 and February 2015 Hurstville Council collaborated with consultants to conduct some preliminary community consultation to gauge expectations in relation to assets that Council provides. The project involved two components:

 

·    A telephone survey with residents to explore the importance of and satisfaction with existing assets, and priorities for the construction of new assets; and

·    A deliberative community forum with ratepayers to explore what the acceptable condition levels are for the asset categories and where funds should be spent in the future.

 

8.      When asked about construction of new assets most respondents’ indicated that it was very important or quite important to continue to construct all the type of assets that Council provides. These findings will be utilised to target future capital works programs. The responses are graphed below.

 

 

 

9.      These community service levels will be further defined as Georges River Council develops its Community Strategic Plan. The priorities of the combined communities will further inform development of future capital works programs and asset management plans for the different asset classes.

 

Financial Implications

 

10.    The former Kogarah and Hurstville Councils expended the following amounts in their capital works programs for infrastructure assets in the year ending 30 June 2015.

 

11.    The combined amounts for Georges River Council provide an indication of the communities’ expectation in relation to capital works expenditure across the asset classes. 

 

Capital Works Expenditures

 

Asset Classes                     Kogarah                               Hurstville                 Georges River Council

Buildings                                $549,000                          $1,962,000                          $2,511,000

Roads                                 $1,331,000                          $2,027,000                           $3,358,000

Footpaths                              $545,000                          $1,704,000                           $2,249,000

Stormwater                            $752,000                             $382,000                           $1,134,000

Open Space                          $466,000                          $1,125,000                           $1,591,000

Total                                                                                                                           $10,843,000

 

12.    In addition to the above capital expenditures, for the same period, the following costs were expended in maintaining assets that Council already has.

 

 

 

Maintenance Expenditures

 

Asset Classes                     Kogarah                               Hurstville                  Georges River Council

Buildings                             $1,330,000                          $1,683,000                          $3,013,000

Roads                                 $1,921,000                          $2,303,000                          $4,224,000

Footpaths                              $699,000                             $470,000                          $1,169,000

Stormwater                            $560,000                             $380,000                             $940,000

Open Space                        $2,062,000                          $3,598,000                          $5,660,000

Total                                                                                                                           $15,006,000

 

13.    Future maintenance expenditure needs to include the additional costs of maintaining new works that are constructed, in other words new capital expenditure leads to increased maintenance costs.

 

14.    The Long Term Financial Plan for Georges River Council will need to accommodate projected expenditures for capital and maintenance costs in line with the directions of the Community Strategic Plan.

 

15.    The Asset Management Policy for Georges River Council supports the principles for asset management planning detailed above and forms a basis for management of infrastructure assets.

 

16.    The proposed Asset Management Policy is attached for consideration by Council.

 

 

 

ATTACHMENTS

Attachment View1

Asset Management Policy

 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL085-16          Georges River Council Asset Management Policy 2016

[Appendix 1]         Asset Management Policy

 

 

Page 145

 

 

 

 

 

 

DRAFT

 

 

Asset Management Policy

 

 

 

 

 

10 October 2016

 

 

 


 

Document Status

Ownership and Version Control

Policy Title

Asset Management Policy

Policy Number

GRCP004.001

Version

1.0

Creation Date

5 September 2016

Author

Obi Thomas

Document Owner

Director Assets & Infrastructure

Authorised By

Council resolution

Distribution

Internet & staff Intranet

Executive Meeting Date

31 August 2016

Council Meeting

10 October 2016

Council Resolution Number

 

Document / File Ref:

 

Revision Date

October 2019

 

Change History

Version

Release Date

Author

Reason for Change

1.0

10 October 2016

Obi Thomas

 

 

 

 

 

Related Documents

This document should be read in conjunction with:

Office of Local Government’s Integrated Planning and Reporting Guidelines

Table of Contents

 

 

Part 1 – Preliminary. 5

1      Background and Purpose. 5

2      Definition of Terms. 5

3      Objectives. 6

4      Application / Scope. 6

Part 2 – Policy. 6

5      Principles / Body. 6

Part 3 – Administration.. 7

6      Related and Associated Legislation, Council Policy and Procedures. 7

7      Record Keeping, Confidentiality and Privacy. 8

8      Breaches and Sanctions. 8

 

 


 

Part 1 – Preliminary

 

1   Background and Purpose  

Council is required as part of its Community Strategic Plan to develop a Resourcing Strategy.  The Resourcing Strategy is comprised of Council’s Long Term Financial Plan, Workforce Management Strategy and Asset Management Framework.  A component of the Asset Management Framework is that an Asset Management Policy be developed.  In accordance with this requirement and the Office of Local Government’s Integrated Planning and Reporting Guidelines, the following policy has been developed. 

The purpose of this policy is to establish a framework for the management of Georges River Council’s infrastructure assets valued at over $1Billion.

The policy will guide the planning, acquisition / divestment, construction, maintenance and operation of the infrastructure necessary for Georges River Council to provide services to the community in accordance with the Community Strategic Plan

 

2   Definition of Terms

·    Community Strategic Plan:       The Community Strategic Plan is the highest level plan that a council will prepare. The Plan identifies the community’s main priorities and aspirations for the future and strategies for achieving these goals.

·    Resourcing Strategy: The Resourcing Strategy details strategies to achieve the objectives established by the Community Strategic Plan, for which the council is responsible. The strategy must include provision for long-term financial planning, workforce management planning and asset management planning.

 

·    Long Term Financial Plan: The Long Term Financial Plan details financial information to inform decision making during the finalisation of the Community Strategic Plan and the development of the Delivery Program.

 

·    Asset Management Plan: Asset Management Plans must account for and plan for all of the existing assets under Council’s ownership, and any new asset solutions proposed in its Community Strategic Plan and Delivery Program.

·    Asset Management Strategy: The Asset Management Strategy identifies assets that are critical to the council’s operations and outlines risk management strategies for these assets.

 

·    Asset Management Policy: The Asset Management Strategy must include a council endorsed Asset Management Policy.

 

3   Objectives

·    Ensuring that Council’s services and infrastructure are provided in a sustainable manner, with the appropriate levels of service to residents, visitors and the environment.

·    Safeguarding Council assets including physical assets and employees by implementing appropriate asset management strategies and appropriate financial resources for those assets.

·    Creating an environment where all Council employees take an integral part in overall management of Council assets by creating and sustaining asset management awareness throughout the Council.

·    Meeting legislative requirements for asset management.

·    Ensuring resources and operational capabilities are identified and responsibility for asset management is allocated.

·    Demonstrating transparent and responsible asset management processes that align with best practice.

 

4   Application / Scope

The Asset Management Policy applies to all Council activities and establishes a corporate approach to asset management within all operational areas of Council.

The infrastructure asset categories covered under this policy include;

·    Road Reserve

·    Open Space & Recreation

·    Stormwater

·    Buildings

 

 

Part 2 – Policy

5   Principles / Body

·    Council is committed to implementing a systematic asset management methodology in order to apply appropriate asset management practices across all areas of Council.  This includes ensuring that assets are planned, created, operated, maintained, renewed and disposed of in accordance with Council’s priorities for service delivery.

·    A consistent Asset Management Strategy must exist for implementing systematic asset management and asset management best-practice throughout Council.

·    All relevant legislative requirements together with political, social and economic environments are to be taken into account in asset management.

·    Asset management principles will be integrated within existing planning and operational processes.

·    An inspection regime will be used as part of asset management to ensure agreed service levels are maintained and to identify asset renewal priorities.

·    In accordance with Council’s long-term financial plan Council’s aim is to fully fund the required asset renewals to meet agreed service levels, as identified in Council’s Infrastructure Asset Management Plans.

·    Asset renewal plans will be prioritised and implemented progressively based on agreed service levels and the effectiveness of the current assets to provide that level of service.

·    Systematic and cyclic reviews will be applied to all asset classes to ensure that assets are managed, valued and depreciated in accordance with best practice and the applicable Australian Standards.

·    Future life-cycle costs will be reported and considered in all decisions relating to the provision of new services and assets and upgrading of existing services and assets.

·    Future service levels will be determined in consultation with the Community.

 

Part 3 – Administration

6   Related and Associated Legislation, Council Policy and Procedures

·      Local Government Act 1993

·      Local Government (General) Regulation 2005

·      Australian Standards

·      Building Code of Australia 2009

·      Crown Lands Act 1989

·      Coastal Protection Act 1979

·      Civil Liability Act

·      Disability Discriminations Act 1992

·      Environmental Planning and Assessment Act 1979

·      Environmental Planning and Assessment Amendment Act 2008

·      Graffiti Control Act 2008

·      Graffiti Control Amendment Act 2009

·      Infrastructure Implementation Corporation Act 2005

·      Land and Environment Court Act 1979

·      Land Acquisitions (Just Terms Compensation) Act 1991

·      Work Health and Safety Act 2011

·      Work Health and Safety Regulation 2011

·      Protection of the Environment Operations Act 1997

·      National Resources Management Act 2004

·      Roads Act 1993

·      Valuation of Land Act 1916

 

·    Asset Management Strategy

·    Asset Management Plans

·    Long Term Financial Plan

 

7   Record Keeping, Confidentiality and Privacy

All documents created in relation to this policy will be kept in accordance with NSW State Records Act, Georges River Council’s record management practice Corporate Records Policy and NSW State Records Act 1998. 

Members of the public can access Council’s documents in accordance with Government Information Public Access (GIPA) Act 2009 and Privacy and Personal Information Protection Act (PPIPA) 1998.

The Government Information (Public Access) Act became effective from 1 July 2010 it replaced previous legislation relating to access/rights to information i.e., Freedom of Information (FOI) Act 1989 and s12 of the Local Government Act 1993.

 

8   Breaches and Sanctions

Relevant legislation applies where applicable.


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 152

Item:                   CCL086-16        Central Plaza Hurstville - Plan of Management and Concept Plan 

Author:              Manager Engineering Services, Michelle Whitehurst

Directorate:      Assets and Infrastructure Directorate

Matter Type:     Assets and Infrastructure

 

 

Recommendation

a)   THAT the Central Plaza Hurstville Plan of Management (dated September 2016) and Concept Plan be endorsed by Council.

b)   THAT Council Officers prepare tender documentation for the detailed design of Central Plaza Hurstville.

 

 

Executive Summary

 

1.      This report is presented to Council to seek formal adoption of the Plan of Management for Central Plaza.

 

Background

 

2.      As part of the Georges River Council 2016-2017 Operational Plan, Action Item 4.21 states: “Proceed with the development of Hurstville Central Plaza for community open space.”  Accordingly, Council Officers commissioned James Mather Delaney Design Pty Ltd to develop a Plan of Management for Central Plaza Hurstville and a concept design for the site.

3.      The area known as Central Plaza, Hurstville includes Diment Way and 296 Forest Road, Hurstville.

4.      The purpose of the Plan of Management for Central Plaza was to develop objectives and management goals of for the site and a long term strategy for the area to encourage general community use.

5.      In consultation with Council Officers, key elements of the concept plan and Plan Of Management for Central Plaza, Hurstville was to incorporate:

a.   Water Feature

b.   Outdoor Dining

c.   Seating and Shade

d.   Public space to be utilised for festivals, street stalls and other community events

e.   Paving, plantings and trees

6.      James Mather Delaney Design Pty Ltd undertook community consultation for the Plan of Management and concept plan development via a two stage approach:

a.   Stage 1 – Interviews for four (4) neighbouring stakeholders / land owners to seek feedback on key elements of the concept plan and vision for the site.

b.   Stage 2 – community feedback on draft concept plan and plan of management for a 5 week period between 4 July 2016 to 6 August 2016 via two (2) street stalls (held on Tuesday 12 July 2016 and Saturday 30 July 2016) and an online survey that was also translated into Chinese.  The online survey received 152 submissions.  Council also undertook a letterbox drop of the area to ensure that all businesses, residents and property owners were aware of the consultation being undertaken.

7.      Feedback from the community consultation included:

a.   Water feature to be scaled down and located centrally within the plaza space.

b.   More shade to be incorporated into the space through tree planting.

c.   Additional seating be included that allows for use by a range of ages and abilities.  Formal seating opportunities to be located to allow for cool shade in summer and solar access through winter.

d.   Lighting to be incorporated into the concept plan.

e.   Opportunities for a greater proportion of soft landscaping to be incorporated into the design.

8.      Upon review of all consultation, the Plan of Management for Central Plaza Hurstville and Concept Plan was finalised with the following key elements:

a.   Open plaza with water feature

b.   Soft landscaping at Forest Road

c.   Shades seating areas with outdoor dining

d.   Stairs from Crofts Avenue into plaza

e.   Existing ramp from Westfield concealed with screen element

9.      The Central Plaza Plan of Management and Concept Plan provides a new meeting place that will celebrate the community’s diverse cultural heritage.  It provides a safe street level connectivity between Hurstville Railway Station and adjacent landowners.

10.    If approved, it is envisaged that the new Plaza will revitalise the area and provide a new community area for future events and functions.

11.    Following the demolition of 296 Forest Road, Hurstville, Georges River Council will commence details designs and the development application process.  Once approval is granted for the development application, a contract for the construction of Central Plaza will be awarded.  It is anticipated that this contract will be awarded early 2017.

 

Financial Implications

12.    Within budget allocation – estimated project cost of $3.5million however this depends on detailed designs and service relocations.

 

File Reference

16/1098

 

 

ATTACHMENTS

Attachment View1

Central Plaza - Plan of Management - Draft

Attachment View2

Central Plaza - Concept Plan - Draft

 


Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL086-16          Central Plaza Hurstville - Plan of Management and Concept Plan

[Appendix 1]         Central Plaza - Plan of Management - Draft

 

 

Page 154

 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL086-16          Central Plaza Hurstville - Plan of Management and Concept Plan

[Appendix 1]         Central Plaza - Plan of Management - Draft

 

 

Page 174

 


 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL086-16          Central Plaza Hurstville - Plan of Management and Concept Plan

[Appendix 2]         Central Plaza - Concept Plan - Draft

 

 

Page 177

 


 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 179

Item:                   CCL087-16        Gross Pollutant Trap (GPT) cleaning contract extension 

Author:              Catchment Management Officer, Tom Heath

Directorate:      Assets and Infrastructure

Matter Type:     Assets and Infrastructure

 

 

Recommendation

(a)     That existing GPT cleaning contractors continue to be engaged for the duration of the SSROC endorsed contract period.

 

Executive Summary

1.      This report seeks the Committees consideration on the continuation of existing GPT cleaning contracts for the full duration of the SSROC contract until June 2018.

Background

2.      Georges River Council has a $132,050 yearly budget to inspect and clean its 28 GPT units and one (1) water off-take pit for the Carlton Stormwater Harvesting Plant.

3.      In 2013 SSROC developed a GPT cleaning and inspection tender which allowed Councils to utilise a panel of contractors to perform inspection and cleaning works on GPT infrastructure.

4.      From this tender process two contractors (Total Drain Services Pty Ltd, and R.A Bell Environmental & Company) were endorsed for the Cleaning and Inspection of Gross Pollutant Traps. Optimal Stormwater Pty Ltd were also endorsed to provide “inspection services” only.

5.      Under the tender agreement, a contractor would be engaged for 30 months, with 2 x 12 month extensions available subject to Council resolution; extending the full contract duration until 30 June 2018.

6.      To date, Council utilises both endorsed contractors to inspect and clean GPT units. The cleaning program continues to be successful, and Council consequently proposes to extend the contract period for the full tender duration.

7.      At the end of the contract period (30 June 2018) Council will investigate a suitable process, with the assistance of SSROC, to develop a GPT cleaning and inspection tender for the future.

 

Financial Implications

8.      Within budget allocation.

 

File Reference

< Enter Records Reference Number Here >

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 180

Item:                   CCL088-16        Georges River Traffic Advisory Committee Meeting Minutes - 20 September 2016 

Author:              Manager Engineering Services, Michelle Whitehurst

Directorate:      Assets and Infrastructure

Matter Type:     Assets and Infrastructure

 

 

Recommendation

(a)     That the minutes of the Georges River Traffic Advisory meeting of 20 September 2016 be adopted.

 

Executive Summary

1.      Minutes of the Georges River Council Traffic Committee meeting held on 20 September 2016 are submitted for Council consideration and adoption.

 

Background

1.      The Traffic Advisory Committee meeting on 20 September 2016 was held at Hurstville Civic Centre.

2.      The next Traffic Advisory Committee meeting will be held at 1pm on 18 October 2016 at Hurstville Civic Centre.

 

Financial Implications

3.      Budget allocation

a.   RMS Traffic Facilities Grant       $384,080

b.   LATM Projects                               $40,000

4.      Balance to date

a.   RMS Traffic Facilities Grant       $384,080

b.   LATM Projects                               $37,200

5.      Estimated cost of works recommended by Traffic Committee is $3,740 from RMS Traffic Facilities Grant.

 

File Reference

16/148

 

 

 

ATTACHMENTS

Attachment View1

Traffic Advisory Committee Meeting Minutes - 20 September 2016

 


 

Georges River Council - Ordinary Meeting - Monday, 10 October 2016

CCL088-16          Georges River Traffic Advisory Committee Meeting Minutes - 20 September 2016

[Appendix 1]         Traffic Advisory Committee Meeting Minutes - 20 September 2016

 

 

Page 182

 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 189

Item:                   CCL089-16        Tender for the Stormwater Pipe Relining Program 

Author:              Manager Engineering Services, Michelle Whitehurst

Directorate:      Assets and Infrastructure Directorate

Matter Type:     Assets and Infrastructure

 

Recommendation

(a)     That the report be received and noted.

(b)     That the separate report on this agenda relating to Tender for the Stormwater Pipe Relining Program be considered in closed session, in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, Section 10A (2) (c) as it is considered the information, if disclosed, confers a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Executive Summary

1.      This report is presented to Council to select a preferred Contractor for the Stormwater Pipe Relining Program.

 

Background

2.      As part of the Georges River Council 2016/2017 Operational Plan and Budget, a number of stormwater pipe relining projects were highlighted as part of the capital works program.  Works include:

·        141 Carrington Avenue to 88A Dora Street, Hurstville – reline 180m of 600mm stormwater pipe

·        119 Dora Street to opposite 18 Timothy Street (through edge of reserve to 92 Patrick Street, Hurstville – reline 200m of 600mm stormwater pipe

·        77-99A – 105 Forest Road to Hudson Street and Hill Street, Hurstville road crossing – reline 150m of 450mm pipe, 42m of 375mm pipe and 13m of 225mm pipe

·        33 Cambridge Street to Sydney Water pipe, Penshurst – construct a manhole at junction and reline 80m of 450mm pipe

·        Morts Road, Mortdale between 123A and 142A and between 39 and 60 – reline 38m of 600mm pipe and 15m of 525mm pipe

·        Stormwater line that runs between Villiers Avenue and Mutual Road, Mortdale – reline 150m of 450mm pipe and 17m of 600mm pipe

·        15 and 17 Queens Road, Connells Point – reline 128m of 300mm pipe

·        The Promenade (east side), Sans Souci from Torwood Street to Hillview Street – reline 81m of 300mm pipe

·        3 Pacific Avenue, Penshurst to 10 Kuroki Street – reline 46m of 300mm pipe and 48.7m of 450mm pipe

·        19 Plimsoll Street to 57 Vista Street, Sans Souci – reline 129m of 400mm pipe

 

3.      These projects are funded by the Stormwater Levy and Collateralized Debt Obligation (CDO) Recovery Reserve.

 

4.      Accordingly, tender documentation was prepared and selected tenders were called in accordance with the Local Government Act 1993 for the Stormwater Pipe Relining Program.

 

5.      The tender closed at 2.00pm, Thursday 15 September 2016 and three (3) conforming submissions were received from the following companies:

·    Abergeldie Watertech

·    Insituform Pacific

·    ITS PipeTech Pty Ltd

 

6.      A tender assessment panel was formed comprising:

·    Assets Engineer

·    Coordinator Catchments and Waterways

·    Manager Infrastructure Planning

·    Manager Contracts

·    Manager Parks and Waterways

 

7.      Submissions were assessed as outlined in the confidential report.

 

Financial Implications

8.      Within budget allocation - funded by the Stormwater Levy and Collateralized Debt Obligation (CDO) Recovery Reserve.

 

File Reference

T16/015

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 191

Item:                   CCL090-16        Tender for New Sportsfields Floodlighting at Various Locations 

Author:              Manager Engineering Services, Michelle Whitehurst

Directorate:      Assets and Infrastructure Directorate

Matter Type:     Assets and Infrastructure

 

 

Recommendation

(a)     That the report be received and noted.

(b)     That the separate report on this agenda relating to Tender for the Sportsfields Floodlighting Upgrade at Various Locations be considered in closed session, in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, Section 10A (2) (c) as it is considered the information, if disclosed, confers a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Executive Summary

1.      This report is presented to Council to select a preferred Contractor for the Sportsfield Floodlighting Upgrades at various locations within the Local Government Area.

 

Background

2.      As part of the Georges River Council 2016/2017 Operational Plan and Budget, a number of sportsfields lighting upgrades were highlighted as part of the capital works program.  Works include:

·    Gifford Park

·    Riverwood Park

·    Olds Park

·    Carss Park Sports fields

·    Harold Fraser Oval

 

3.      These projects are funded by the Infrastructure Plus Program, Section 94 Contributions, Section 94A Contributions and Grant funds.

 

4.      Accordingly, tender documentation was prepared and tenders were called in accordance with the Local Government Act 1993 for the Sportsfields Floodlighting Upgrades at Various Locations.

 

5.      The tender closed at 2.00pm, Tuesday 13 September 2016 and three (3) conforming submissions were received from the following companies:

·    CMR Sports Lighting Pty Ltd ATF Sports Lighting Trust

·    Lime Energy Pty Ltd

·    SportzLighting

 

6.      A tender assessment panel was formed comprising:

·    Manager Contracts

·    Open Space Project Manager

·    Sports & Recreation Officer

·    Manager Parks & Waterway

·    Coordinator Parks and Recreation

 

7.      Submissions were assessed as outlined in the confidential report.

8.      The new sportfields floodlights will provide greater access to sporting fields for the community.

 

Financial Implications

9.      Within budget allocation – funded by the Infrastructure Plus Program, Section 94 Contributions, Section 94A Contributions and Grant funds.

 

 

File Reference

T16/013

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 193

Item:                   CCL091-16        Tender for the Demolition of 296 Forest Road Hurstville (Bag A Bargain) 

Author:              Manager Engineering Services, Michelle Whitehurst

Directorate:      Assets and Infrastructure Directorate

Matter Type:     Assets and Infrastructure

 

 

 

Recommendation

a)      That the report be received and noted.

b)      That the separate report on this agenda relating to Tender for the Demolition of 296 Forest Road Hurstville be considered in closed session, in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, Section 10A (2) (c) as it is considered the information, if disclosed, confers a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Executive Summary

1.      This report is presented to Council to select a preferred Contractor for the Demolition of 296 Forest Road Hurstville.

 

Background

2.      In 2009, the former Hurstville City Council compulsorily acquired 296 Forest Road, Hurstville as part of a long term vision to provide a plaza in Hurstville Central Business District that would connect Forest Road to the surrounding commercial area.

3.      As part of the Georges River Council 2016/2017 Operational Plan and Budget, a key action is as follows:

“4.21 Proceed with the development of Hurstville Central Plaza for community open space.”

 

4.      As part of the development of Central Plaza, Georges River Council will demolish 296 Forest Road, Hurstville, providing the first key activity for the construction of Central Plaza.

 

5.      Accordingly, tender documentation was prepared and selected tenders were called in accordance with the Local Government Act 1993 for the Demolition of 296 Forest Road Hurstville.

 

6.      The tender closed at 2.00pm, Wednesday 7 September 2016 and four (4) conforming submissions were received from the following companies:

·    Beasy Pty Ltd

·    Budget Demolition & Excavation Pty Ltd

·    RMA Contracting Pty Ltd

·    Ronnie’s Demolitions Pty Ltd

 

7.      A tender assessment panel was formed comprising:

·    ducros design (Consultant)

·    Figgs + Jefferson TEPA (Consultant)

·    Manager - Engineering Services

·    Manager Contracts

·    Manager Property Assets

·    Director Assets and Infrastructure

 

8.      Submissions were assessed as outlined in the confidential report.

9.   Once the contract is awarded, it is anticipated that demolition works will commence within 2 weeks for a 20 week period.  A shut down period of two (2) weeks will occur over the Christmas / New Year period.

10. The preferred tenderer has outlined that the method of demolition will be contained within the site thus minimising disruption to pedestrian and vehicular movements in the vicinity of the site.  A hoarding and scaffold will be erected around the perimeter of the site (utilising approximately 2m of footpath).

11.   The preferred tenderer is also aware of the Lunar New Year Celebrations and will ensure that the event is accommodated.

 

Financial Implications

12. Within budget allocation – estimated project cost of $3.5million however this depends on detailed designs and service relocations.

 

 

File Reference

T16/012

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 195

Confidential items (Closed Council Meeting)

Council's Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters below should or should not be closed.

 

Recommendation

That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Council Meeting at which the press and public are excluded.

 

CON018-16       Tender for the Stormwater Pipe Relining Program

(Report by Manager Engineering Services, Michelle Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (d(ii)) it is considered the matter commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

 

CON019-16       Tender for New Sportsfields Floodlighting at Various Locations

(Report by Manager Engineering Services, Michelle Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (d(ii)) it is considered the matter commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

 

CON020-16       Tender for the Demolition of 296 Forest Road Hurstville

(Report by Manager Engineering Services, Michelle Whitehurst)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (d(ii)) it is considered the matter commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

 

CON021-16       SSROC Provision of Improving Recycling and Contamination Management in Multi Unit Dwellings (MUDs)

(Report by Coordinator Sustainability & Waste, Jenny Gustafson)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

That in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.

That Council now resolves itself into a Closed Council and in accordance with Section 10A of the Local Government Act 1993, Council Staff (other than members of the Executive, the Manager Corporate Governance and others at the invitation of the Chairperson) and members of the press and the public be excluded from the Council Chamber during consideration of the items referred to Closed Council.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 10 October 2016                                                                           Page 196

Open Council

Consideration of Closed Council Recommendations