Council Meeting

Notice of Meeting

Monday, 27 November 2017

Thursday, 23 November 2017

 

 

An Ordinary Meeting of Council will be held at 7.00pm on Monday 27 November 2017 on Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, for the consideration of the business available on Council's website at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings.

 

 

Gail Connolly

General Manager

 

 

BUSINESS

·      National Anthem

·      Acknowledgement of Country

·      Apologies

·      Disclosures of Interest

·      Public Addresses to the Meeting

·      Minutes of Previous Meetings

·      Mayoral Minutes

·      Matters of Privilege

o  Condolences

o  Other

·      Report from Committees

·      Environment and Planning

·      Finance and Governance

·      Assets and Infrastructure

·      Community and Culture

·      Notices of Motion

·      Questions with Notice

·      Confidential Items

 

Ordinary Meeting

Summary of Items

Monday, 27 November 2017

Previous Minutes

MINUTES: Council Meeting - 23 October 2017

Mayoral Minute

Nil   

Environment and Planning

CCL229-17       Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

(Report by Director Environment and Planning)...................................................... 4

Finance and Governance

CCL230-17       Report of the Finance and Governance Committee - Meeting held on 13 November 2017

(Report by Head of Executive Services)................................................................ 360

CCL231-17       Report of the Environment and Planning Committee - Meeting held on 13 November 2017

(Report by Head of Executive Services)................................................................ 372

CCL232-17       Report of the Assets and Infrastructure Committee - Meeting held on 13 November 2017

(Report by Head of Executive Services)................................................................ 377

CCL233-17       Report of the Community and Culture Committee - Meeting held on 13 November 2017

(Report by Head of Executive Services)................................................................ 380

CCL234-17       Georges River Council Draft Annual Report 2016-17

(Report by Corporate Support Officer)................................................................... 387

CCL237-17       Councillors submission to Office of Local Government on the draft Model Code of Conduct and associated Procedures

(Report by Manager Governance and Risk)......................................................... 389

CCL236-17       Audited 2016/17 Financial Statements

(Report by Coordinator Financial Reporting)....................................................... 390

CCL237-17       Alternative Councillor Delegates for Southern Sydney Region of Council (SSROC)

(Report by Program Coordinator)............................................................................ 490

Assets and Infrastructure

Nil

Community and Culture

Nil

Precis of Correspondence

Nil

Notices of Motion

NM013-17          Notice of Motion 13: Georges River Independent Hearing and Assessment Panel (IHAP) - Community Members

(Councillor Hindi)...................................................................................................... 492

NM014-17          Notice of Motion 14: Frequency of Bus Services to Peakhurst, Riverwood and Mortdale Town Centres

(Councillor Kastanias).............................................................................................. 493

NM015-17          Notice of Motion 15: Preparation of a New (City-Wide) Local Environmental Plan for Georges River

(Councillor Katris)...................................................................................................... 494

NM016-17          Notice of Motion 16: Preparation of a New (City-Wide) Transport Strategy for Georges River

(Councillor Agius)..................................................................................................... 495

NM017-17          Notice of Motion 17: Chivers Hill Centre Public Domain Upgrade

(Councillor Hindi)...................................................................................................... 496

NM018-17          Notice of Motion 18: Georges River School Zone Safety Program

(Councillor Grekas)................................................................................................... 497

NM019-17          Notice of Motion 19: Construction of a Commuter and Local Car Park at Beverly Hills

Councillor Hindi)....................................................................................................... 498

NM020-17          Notice of Motion 20: Preparation of Carss Park Sport and Recreation Precinct Masterplan

(Councillor Agius)..................................................................................................... 499

NM021-17          Notice of Motion 21: Georges River Council Affordable Rental Housing Policy

(Councillor Katris)...................................................................................................... 500

NM022-17          Notice of Motion 22: Asbestos Education Program

(Councillor Tegg)....................................................................................................... 501

NM023-17          Notice of Motion 23: Investigation into the Installation of a Boom Gate in the Vicinity of Kogarah High School

(Councillor Katris)...................................................................................................... 502

NM024-17          Notice of Motion 24: Blakehurst Area Traffic Study

(Councillor Grekas)................................................................................................... 503

Questions with Notice

Nil


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 4

Environment and Planning

Item:                   CCL229-17        Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017 

Author:              Director Environment and Planning

Directorate:      Environment and Planning

Matter Type:     Environment and Planning

 Recommendation

(a)     That Council endorse the Kogarah North Urban Design Strategy (November 2017) as a Strategic Planning document that has informed the preparation of the DCP controls for the Kogarah North Precinct.

(b)     That Council adopt amended criteria to guide the variations to the height of buildings in the Kogarah North Precinct that allows for a variation to the maximum building height up to 25% (40.5m – excluding the lift overrun) in the Kogarah North Precinct subject to:

I.    Design excellence outcomes which are outlined in Part E4 – Kogarah North Precinct of the Kogarah Development Control Plan 2013 amended 2017;

II.   The development providing a public benefit that contributes to the provision of infrastructure, facilities and services to support future development and function of the Precinct.

III.  The public benefit being secured via a voluntary planning agreement.

(c)     That Council pursuant to Clause 21(1)(b) of the Environmental Planning and Assessment Regulations adopt the development control plan – being the “Kogarah Development Control Plan 2012 (Kogarah North Amendment)” (Attachments 5, 6, 7, & 8).

(d)     That Council pursuant to Clause 21(2) of the Environmental Planning and Assessment Regulation 2000 give public notice of its decision to approve the Kogarah Development Control Plan 2012 (Kogarah North Amendment) in a local newspaper within 28 days after the decision is made.

(e)     That Council endorse a detailed review be undertaken (at the applicant/owners costs) with respect to consideration of the heritage listing of Nos 14-16 Victoria Street, Kogarah, and should it be identified that the properties do not have heritage value that a Planning Proposal be prepared (at the applicant’s cost) to Kogarah LEP 2012 to remove the heritage listing from the properties.

(f)      That the General Manager prepare a report that explores a range of incentives to encourage design excellence of development/built form throughout the Local Government Area.

(g)     That the General Manager prepare a report for Council consideration on the options available for encouraging a higher percentage of family friendly apartments (containing two and three bedrooms) within the Kogarah North Precinct, including any cost implications of reduction or waiving of Section 94 Contributions.

(h)     That the General Manager be delegated to undertake minor amendments to the draft Development Control Plan – Kogarah North Precinct in order to assist with the interpretation of the provisions of the Plan and provide clarification of the controls.

 


 

Executive Summary

1.      On Friday, 26 May 2017, the Kogarah Local Environmental Plan (LEP) 2012 – Amendment No 2 New City Plan was published in the Government Gazette and became effective on that date.

 

2.      In order to provide additional housing opportunities close to the Kogarah Town Centre, the area known as Kogarah North has been rezoned from R2 – Low Density Residential to R4 – High Density Residential with the following development standards – FSR of 4:1 and building height of 33m.

 

3.      City Plan Strategy Pty Ltd was appointed in August 2016 by Georges River Council to prepare an Urban Design Strategy and develop principles for the Precinct.

 

4.      Council, at its meeting on 1 May 2017, considered a report on the Kogarah North Urban Design Strategy and Implementation and resolved the following (CCL064-17 - Minute No. 91):

(a) That the draft Kogarah North Urban Design Strategy be publicly exhibited for a minimum period of 28 days.

 

(b) That Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy be adopted by Council as an interim set of planning controls from the date of the gazettal of Amendment No.2 to Kogarah Local Environmental Plan.

 

(c)  That Council advise applicants and landowners that any application within the Kogarah North Precinct will be assessed against Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

 

(d) That Council prepare an amendment to Kogarah Development Control Plan 2013 by including as a specific chapter Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

 

(e) That the amended Kogarah Development Control Plan be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation 2000 at the same time as the draft Kogarah North Urban Design Strategy.

 

(f)   That a further report be presented to Council following the public exhibition of the draft Kogarah North Urban Design Strategy and amended Kogarah Development Control Plan.

 

5.      As a result of the work undertaken by City Plan in the development of the Draft Kogarah North Urban Design Strategy, it is acknowledged that the FSR at 4:1 and maximum height of 33m do not result in a good design outcome and results in a bulky building with little or no articulation.


 

6.      In response to this, an additional report was presented to Council at its meeting on 7 August 2017 which sought Council’s consideration to endorse as a policy direction a maximum variation to the height of buildings within the Kogarah North Precinct up to 20% (up to a maximum height of 39m).

 

7.      This variation assisted in allowing a built form outcome that addressed the principles of the Draft Strategy. The Variation Policy is an interim measure. The heights within the North Kogarah Precinct would be varied as part of a future planning proposal.

 

8.      Council at its 7 August 2017  resolved the following (CCL144-17):

 

(a)     That Council adopt the criteria that guide the variations to the height of buildings in

the Kogarah North Precinct.

 

(b)     That advice be sought from Sydney Airport Corporation Limited (SACL) prior to the

exhibition of the draft Development Control Plan (DCP) with respect to the proposed

consideration of the variation to the maximum building height above 33m up to a

maximum 40m with respect to the Obstacle Limitation Surface (OLS) in the Kogarah

North Precinct.

 

(c)     If SACL raises no objection to the maximum building height up to a maximum 40m

across the Kogarah North Precinct, then the criteria to guide a variation in building

height above the 33m and associated objectives and controls as outlined in the body

of the report be incorporated into the draft Development Control Plan (DCP) and

placed on exhibition.

 

(d)     That if no submissions are received on the draft Development Control Plan that the

Plan is submitted to the General Manager for adoption.

 

9.      In accordance with the resolution advice was sought from SACL prior to the exhibition of the draft DCP. Council was advised that SACL could not provide advice in relation to the proposed variation to the height prior to the exhibition of the DCP and it was requested that advice be sought once the DCP had been placed on exhibition.

 

10.    A further request was made to SACL once the draft DCP was placed on exhibition. Comments were received advising that

Sydney Airport received a notice …. seeking advice on the proposed consideration of the variation to the maximum building height up to a maximum of 40m above existing ground height (63.0 metres Australian Height Datum (AHD)) with respect to the Obstacle Limitation Surface (OLS) in the Kogarah North Precinct.

The height of the OLS over the area is 51m AHD. Any proposed structures taller than 51m AHD would need to be submitted as an application for approval pursuant to s.183 Airports Act - Notification of decision under Reg 15A(2) of the Airports (Protection of Airspace) Reg's 1996.

This location lies within an area defined in schedules of the Civil Aviation (Buildings Control) Regulations which limit the height of structures to 15.24 metres above existing ground height (AEGH) without prior approval of the Civil Aviation Safety Authority.


 

11.    Accordingly, the draft DCP and Urban Design Strategy for the Kogarah North Precinct was formally placed on exhibition from Wednesday 6 September to Friday 6 October 2017.

 

12.    This report provides the background to the preparation of the Kogarah North Urban Design Strategy and an overview of the exhibition of the draft DCP and Urban Design Strategy for the Kogarah North Precinct.

 

13.    Submissions received during the exhibition of the draft DCP and Urban Design Strategy have been considered, and it is recommended that the DCP be adopted by Council, subject to the amendments, as outlined in the body of the report.

 

14.    The exhibited draft Development Control Plan has been amended to assist in the interpretation and implementation of the controls.

 

15.    The exhibited draft Kogarah North Urban Design Strategy has now been finalised and is recommended for endorsement by Council as the Strategic Planning document that has informed the preparation of the DCP controls.

 

Background to the Gazettal of the Kogarah LEP 2012 (New City Plan)

 

16.      The former Kogarah Council, at an Extraordinary Meeting on 4 April 2016 considered a report on the draft New City Plan. At that meeting Council endorsed, for submission to the Minister, the proposed changes to zoning, height and floor space ratio (FSR) for the area known as the Kogarah North Precinct.

 

17.      In order to provide additional housing opportunities close to the Kogarah Town Centre, the area known as Kogarah North has been rezoned from R2 – Low Density Residential to R4 – High Density Residential with the following development standards – FSR of 4:1 and building height of 33m.

 

18.      It is considered that the Precinct will see significant change in the form and scale of development over the life of the Plan to 2031 and it is important that detailed design controls are in place to ensure a high level of amenity for future residents.

 

19.      There has been significant interest in potential redevelopment in this Precinct and due to the significant uplift of proposed development in the New City Plan it is anticipated that redevelopment will proceed in a relatively short time frame. Critical to the success of the redevelopment of the area is the establishment of appropriate planning and urban design outcomes to ensure that development is sustainable, well designed and provides a high level of amenity for future residents.

 

20.      The former Kogarah Council Planning & Environmental Working Party considered a report on 18 April 2016 to seek endorsement to appoint a consultant to undertake an Urban Design Study and Section 94 Contributions Plan for the Kogarah North Precinct.


 

21.      In conjunction with the development of the key urban design principles, the project brief endorsed by Council also included the preparation of a new/amended Section 94 Contributions Plan for the Precinct.

 

22.      The former Kogarah Council, at its meeting on 26 April 2016, resolved the following: (Adopted Minute No. 57/2016)

 

a)   That the Project Brief titled Kogarah North – Urban Design Study and Section 94 Contributions Plan Brief and dated April 2016 for the preparation of an Urban Design Study for the Kogarah North Precinct be endorsed for the purpose of seeking Expressions of Interest (EOI) from suitably qualified consultants.

 

b)   That Expressions of Interest (EOI) be sought from suitably qualified consultants to undertake the tasks outlined in the Project Brief.

 

c)   That a further report be presented to a future Planning & Environmental Services Working Party on any Expressions of Interest (EOI) received to undertake the project, including fee proposals provided by the consultants.

 

23.      As a result, City Plan Services Pty Ltd were appointed in August 2016 by Georges River Council to undertake the work outlined in the Project Brief, including the preparation of an Urban Design Strategy and development principles for the Precinct; and the identification of a list of works that could be levied for under the provisions of Section 94.

 

Preparation of the Kogarah North Urban Design Strategy

24.    A detailed report was presented to Council on 1 May 2017 on the draft Kogarah North Urban Design Strategy, including a review of three (3) massing options and an overview of the Design Principles for the Precinct.

 

25.    Council, in this regard resolved the following:

 

(a) That the draft Kogarah North Urban Design Strategy be publicly exhibited for a minimum period of 28 days.

 

(b) That Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy be adopted by Council as an interim set of planning controls from the date of the gazettal of Amendment No.2 to Kogarah Local Environmental Plan.

 

(c)  That Council advise applicants and landowners that any application within the Kogarah North Precinct will be assessed against Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.

 

(d) That Council prepare an amendment to Kogarah Development Control Plan 2013 by including as a specific chapter Option 3 and the urban design principles contained within the draft Kogarah North Urban Design Strategy.


 

(e) That the amended Kogarah Development Control Plan be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation 2000 at the same time as the draft Kogarah North Urban Design Strategy.

 

(f)   That a further report be presented to Council following the public exhibition of the draft Kogarah North Urban Design Strategy and amended Kogarah Development Control Plan.

 

26.    A copy of the report to Council dated 1 May 2017 is included at Attachment 1.

 

27.    As outlined in this report, the Precinct's existing lot configuration suggests that many sites will struggle to achieve the permitted height (33m) and FSR (4:1) under the Kogarah LEP 2012, as well as the design considerations mandated by the Apartment Design Guide (ADG).

 

28.    The analysis undertaken by the consultants suggests developers would only be able to maximise yields (e.g. achieve an FSR of 4:1) by consolidating lots to achieve a width of between 40-60 metres and even then, in some cases this may only be maximised by encroaching on the height limit of 33m.

 

29.    Design Option 3, which was recommended by the consultants and endorsed by Council in principle at its meeting held 1 May 2017, places an emphasis on creating a built form that complies with the ADG and defines a four storey street wall character.

 

30.    This option also places further emphasis on transitioning between the scale of the heritage items and the new built form with reduced heights and increased setbacks adjacent to the heritage items. This option also takes into account the height of buildings so as to minimise their overshadowing impact to existing and future open space areas. This option provides a maximum FSR of approximately 2.52:1.

 

31.    The draft DCP that has been exhibited for the Kogarah North Precinct was based on the Draft Kogarah North Urban Design Strategy.

 

Section 94 Contributions

32.    The following development contributions plans currently apply to development in the Kogarah North Precinct:

-     Section 94 Contribution Plan No.8 – Kogarah North Town Centre

-     Section 94 Contributions Plan No.9 – Kogarah Libraries

-     Georges River Council Section 94A Contributions Plan 2017

 

33.    The Section 94 Contribution Plan No 8 – Kogarah Town Centre was adopted by the former Kogarah Council in 1999 and amended in 2006 and provides for all the upgrade works within the Kogarah Town Centre and to the area north of the Kogarah Town Centre (now known as the Kogarah North Precinct).


 

34.    Table 1 below outlines the types of development contributions levied under each of the plans, the community facilities and services for which the contributions are levied and the contributions rates.

 

35.    It is noted that there is a Ministerial Direction that sets a cap on the monetary contributions for residential dwellings of $20,000 per residential dwelling.

 

Table 1: Development Contributions Levied – Kogarah North Precinct

Development Contributions Plan

 

Types of development

levied contributions

Facilities and Services

Summary of Contribution Rates

Section 94 Contribution Plan No.8 – Kogarah North Town Centre

This Plan applies to the Kogarah Town centre which includes the Kogarah North Precinct. Applies to commercial, retail, medical and any residential flat building development and mixed use development.

Residential developments - all medium and high density

 

Non-residential developments -commercial, retail and medical

-       Streetscape works

-       Open space and public domain facilities

-       Community facilities and services

-       Storm water filtration, flood control and gross pollution traps

-       Traffic facilities

-       Carparking

 

Residential Dwellings:

1 bedroom - $10,566

2 bedroom - $16,746

3 bedroom - $19,409 (total rate is capped)

 

Retail: $99/m2

 

Commercial: $135/m2

 

Medical: $145/m2

 

Carparking rate: $30,207.50 per space

 

Stormwater rates: vary per sqm of impervious site area

 

Section 94 Contributions Plan No.9 – Kogarah Libraries

 

This Plan applies to the Kogarah Town centre which includes the Kogarah North Precinct.

 

Residential developments - all medium and high density

 

-       Library facilities – provision of facilities and services

-       Purchase of new books

 

Residential Dwellings:

1 bedroom - $286

2 bedroom - $458

3 bedroom - $591

 

Georges River Council Section 94A Contributions Plan 2017

Applies development that does not fall under the Plan No.8 – Kogarah North Town Centre.

All development (residential, retail, commercial, industrial) that is not subject to a section 94 contribution and the proposed cost of the development is greater than $100,001

 

-       Open space embellishment works

-       Streetscape works

-       Traffic modelling

-       Traffic management facilities

-       Carparks

Levy Rate (% of development cost):

 

$100,000 or less – NIL

 

$100,001 & $200,000 – 0.5%

 

$200,001 or more – 1%

 

 

 

36.    Council has engaged consultants to review and prepare a new/amended Section 94 Plan for the Kogarah North Precinct. Until a new plan is prepared and adopted by Council the above Section 94 development contributions plans apply.

 

37.    The current Section 94 Contributions Plans applying to the Precinct contains infrastructure to support the development of the Kogarah North Precinct in the interim such as: embellishment of open space and streetscapes; traffic management; bus shelters; and street tree planting.

 

Processing Variations to Height in the Kogarah North Precinct

38.    The Kogarah Town Centre has undergone significant changes over the past 15 years to become a vibrant, liveable and working community. More people are living and working in the Centre than ever before. The Kogarah Town Centre has been identified as a Health and Education Precinct and a Strategic Centre in the recently released draft Greater Sydney Region Plan  - Our Greater Sydney 2056 – A Metropolis of Three Cities which was released on 22 October 2017

 

39.    In order to respond to the key priorities in A Plan for Growing Sydney, the Planning Proposal for the Kogarah City Plan Amendment introduced a high density zone to this Precinct. The R4 – High Density Residential zone aims to revitalise areas to allow for high density apartments, close to public transport, hospitals, shopping and jobs. Building heights of 33m and FSR of 4:1 were proposed.

 

40.    The reasons for the 33m height limit in the Kogarah North Precinct can be summarised as follows:

a.   Provides an appropriate transition from the heights within the Kogarah Town Centre, which is a maximum of 39m; and

b.   Is within the Obstacle Limitation Surfaces (OLS) for Sydney Airport.  The Obstacle Limitation Surfaces (OLS) are a series of surfaces that set the height limits of objects around an airport. Objects, such as buildings that project through the OLS become obstacles. The OLS within the Kogarah North Precinct is 51AHD (approximately 31-33m); and

c.   Generally consistent with the height of existing development in areas adjacent to the Kogarah North Precinct (along the Princes Highway).


 

41.    Given the uplift in the Precinct there has been a significant development interest with an unprecedented number of enquiries and requests for pre-DAs and discussions for proposals within the Kogarah North Precinct.

 

42.    Since the gazettal of the LEP, there have been eight (8) development applications and four (4) pre-development applications lodged for development within the Precinct. The majority of the applications exceed the 33m by between 4m – 5.3m. These have all been referred for an independent assessment against the principles in the draft Urban Design Strategy and four (4) are currently in the Land & Environment Court.

 

43.    As part of the preparation of the DCP and in the assessment of the development applications lodged, a number of issues were identified including a transparent process for the consideration of clause 4.6 applications for a variation to the maximum building height.

 

44.    As outlined above, there have been eight (8) development applications and four (4) pre-development applications lodged for development within the Precinct. The majority of the applications exceed the 33m by between 4m – 5.3m. It is acknowledged that the FSR at 4:1 and maximum height of 33m do not result in a good design outcome and results in a bulky building with little or no articulation.

 

45.    Council sought to ensure that it provides a consistent application of Clause 4.6 in the consideration of the variation of height of buildings in the Precinct until such time that Council is able to prepare a Planning Proposal to review the height of buildings in the Precinct.

 

46.    In developing the DCP amendment for exhibition, it was considered that there will circumstances where a variation to the 33m maximum building height may be considered appropriate. Such circumstances include:

§ Allowing greater height to achieve a greater setback to heritage items;

§ Reconfiguring the height on a block, and rationalising heights to reduce impacts of overshadowing, particularly to public open space;

§ Creation of public open space and/or through site links that are consistent with the Kogarah North Urban Design Strategy; and

§ Where a building achieves:

o Compliance with the ADG,

o is of superior design excellence, and

o does not result in an adverse impact to adjoining development.

 

47.    In order to provide transparency and consistency for both applicants and assessing officers in the consideration of variations to building height within the Kogarah North Precinct a policy position was considered and endorsed by Council.

 

48.    A report was presented to Council, at its meeting on 7 August 2017 which outlined the methodology and a proposed DCP provision which could be incorporated to ensure transparency and consistency in the consideration of clause 4.6 applications for a variation to the maximum building height up to 20% in the Kogarah North Precinct. Considerations of such variations would result in increases in the height from 33m to 39m.


 

49.    Council resolved in this regard the following:

(a)     That Council adopt the criteria that guide the variations to the height of buildings in

the Kogarah North Precinct.

 

(b)     That advice be sought from Sydney Airport Corporation Limited (SACL) prior to the

exhibition of the draft Development Control Plan (DCP) with respect to the proposed

consideration of the variation to the maximum building height above 33m up to a

maximum 40m with respect to the Obstacle Limitation Surface (OLS) in the Kogarah

North Precinct.

 

(c)     If SACL raises no objection to the maximum building height up to a maximum 40m

across the Kogarah North Precinct, then the criteria to guide a variation in building

height above the 33m and associated objectives and controls as outlined in the body

of the report be incorporated into the draft Development Control Plan (DCP) and

placed on exhibition.

 

(d)     That if no submissions are received on the draft Development Control Plan that the

Plan is submitted to the General Manager for adoption.

 

50.    A copy of this report is included at Attachment 2.

 

51.    The criteria endorsed by Council was inserted into the draft DCP amendment prior to its exhibition.

 

52.    The exhibited draft DCP contains a control that indicates that Council may consider a variation to the maximum height of buildings (Clause 4.3 of the KLEP) by a maximum of 20% where Council is satisfied that the additional height is complies with the principles of SEPP No. 65 and the Apartment Design Guide and does not have an adverse impact with respect to overshadowing, interface/transition with adjoining properties and any heritage item.

 

53.    The draft exhibited DCP also states that where a development is proposing to take up the 20% variation in height, the additional height will trigger the Council’s VPA Policy in relation to the provision of a public benefit.

 

Voluntary Planning Agreements

54.    The Georges River Council Policy on Planning Agreements 2016 provides guidelines for both the Council and developers to effectively negotiate and prepare planning agreements and provides an enhanced and more flexible development contributions system for Council.

 

55.    The Policy provides a clear and transparent framework governing the negotiation, assessment and use of planning agreements and ensures that the framework is consistent, efficient, fair and accountable.

 

56.    The Council may consider entering into a planning agreement when a developer proposes to make a change to the Local Environmental Plan through a planning proposal or where a development application exceeds development standards and controls.

 

57.    As stated above the exhibited draft DCP contains a control that indicates that Council may consider a variation to the maximum height of buildings (Clause 4.3 of the KLEP) by a maximum of 20% where Council is satisfied to a number of criteria.  The variation is linked to where the development is proposing to provide a public benefit. The public benefit is to be secured via a voluntary planning agreement.

 

58.    As stated previously in this report there are four (4) Development Applications currently in the Land and Environment Court.

 

59.    The Urban Design consultant appointed by Council to assist in defending the appeals has carried out built form testing which indicates that a greater height of 40.5m (excluding the lift overrun) will allow a better design outcome that complies with the 4 storey street wall height and the setbacks of the Kogarah North Urban Design Strategy and the Apartment Design Guide. This is an increase in height from 33m to 40.5m – i.e. an increase in the variation from 20% (39m) to 25% (40.5m).

 

60.    The increase in height of 25% over that in the LEP Height Map for height variations in the Precinct would be subject to:

 

a.   Design excellence outcomes which are outlined in the DCP amendment, which include:

i. Create a productive, sustainable and liveable Precinct for people through leadership and integration of design excellence;

ii.        The built environment is to reflect its location, be connected to a landscape setting and be integral with local people and culture;

iii.       Development is distinctive, visually interesting and appealing.

b.   The lift core being centrally located on each building so it cannot be seen from a public place; and

c.   The development providing a public benefit (infrastructure, facilities and services) that contributes to the future function/liveability of the Precinct.

 

61.    The value of the public benefit is to be guided by the land value provisions in the Council’s Voluntary Planning Agreement Policy. As this Policy does not indicate a residual land value per square metre rate of floor space for the Kogarah North Precinct, it is proposed that an interim rate of $2750.00 sqm is applied as a guide. The rate per sqm will be finalised as part of the preparation of the Section 94 Contributions Plan for the Precinct.

 

62.    The value of public benefit linked to the additional 7.5m in height – that is it would be based on $2,750 sqm of floor space of the additional storeys resulting from the additional 7.5m in height – usually two storeys.

 

63.    This figure ($2,750 sqm) is to be used as a guide only. Given the complexities of capturing the value uplift resulting from an increase in height it is considered that the RLV and the suggested monetary contribution is investigated and discussed based on the figures linked to a site and costs that are incurred with the development on that site.

 

64.    The revised RLV and other associated costs is to be supported by sufficient detail and prepared by a certified practitioner.

 

65.    The public benefits to be provided within the Precinct is to be based on the infrastructure provisions in the DCP; including laneway dedication, open space acquisition and embellishment; pathways; streetscape improvement and traffic facilities to guide the negotiations. A Public Benefits Information Sheet for the Precinct which includes a range of traffic, community and other public benefits has also been prepared.

 

66.    This interim approach will be in place until an amendment to the VPA Policy/procedure occurs to include the Kogarah North Precinct or an alternative approach is identified.

 

Finalisation of the draft Kogarah North Urban Design Strategy

67.    The draft Kogarah Urban Design Strategy was placed on public exhibition at the same time as the draft DCP amendment.

 

68.    The draft Strategy was referred to the Council’s Design Review Panel (DRP) for review.

 

69.    The DRP endorsed Option 3 for the Precinct and made the following comments in regard to the recommendations of the Strategy (refer to Table 2):

 

Table 2 – DRP Comments and Changes required to

Kogarah North Urban Design Strategy

 

DRP Recommendation

 

Changes to Kogarah North Urban Design Strategy

The context is covered extensively and no further comment is required.

No changes required to Strategy

Vision – The Panel felt that the four (4) keystone urban design and development principles could be expanded to give more emphasis to development type and form and relationship with Apartment Design Guide (ADG).

No change made to the Strategy as controls/strategies in the ADG should not be duplicated – in case they are altered by the NSW Government. The Apartment Design Guide and SEPP 65 are required to be read in conjunction with the Kogarah North DCP Amendment.

Constraints and weaknesses – The Panel wishes to emphasise the significance of the heritage clause and the importance of retaining the heritage of the area and existing trees. This could result in some sites not being able to achieve the maximum FSR. The issue of noise from rail and Princes Highway is mentioned and this too will be potentially a major constraint in the design for specific sites.

Noted – no changes required to the Strategy.

 

The Kogarah North DCP Amendment addresses the heritage in the Precinct.

Strengths and opportunities – The Panel supports the strengths and opportunities outlined in this report, including the principles relating to sustainability (see 3.2.5) and specifically water sensitive urban design. It will be critical to maintain the open spaces included in the figure 10, given the major increase in population proposed in the precinct. Likewise, it will be critical to maintain deep soil areas in the front setback to allow for tree planting and the desired landscape character.

Noted – no changes required to the Strategy.

Strata properties – It is unclear at this stage at how recent changes to the strata laws will effect amalgamation and redevelopment. Difficulty of strata amalgamations may constrain development in some areas in the near-mid future.

 

Noted – no changes required to the Strategy.

Heritage – For critical issues see comments above. It is critical for the new development to relate sympathetically to the existing heritage items, this may be best achieved either by including the heritage site with the new development site and requiring a heritage conservation management strategy with Pre-DA and DA. Council needs to consider carefully their Heritage Conservation Strategy as an input to the DCP since consolidation may not result in the best outcome in every case.

Noted – no changes required to the Strategy.

 

The Kogarah North DCP Amendment addresses the heritage in the Precinct.

Open space and street trees – It is important to coordinate the strategy objectives of open space and street trees with civil infrastructure to ensure there is sufficient soil area and volume to support large trees, their growth, health and ongoing performance. Council should prepare a street tree master plan that considers the tree contribution to the quality of the public realm, landscape character and environmental initiatives including WSUD. The recommendation “the street tree planting is to be strengthened throughout the Precinct to help define the character of the streets” is strongly supported. Council should consider the role that signage plays in the visual quality of open space and set objectives and guidelines to ensure that it makes a positive contribution.

Noted. A public domain plan is required for the Precinct which will encompass street trees, paving, etc.

Option 1 – This option is unable to be achieved based on the fact that ADG standards are unlikely to be met and the context respected.

Noted – no changes required to the Strategy.

Option 2 – This option is also likely to be difficult to achieve regarding ADG particularly because of the irregular orientation of the street blocks.

Noted – no changes required to the Strategy.

Option 3 – It would seem that this option is most likely to be achievable within the ADG framework although some further solar access testing would be desirable to confirm this. It is noted that the report asserts that the built form would comply with the ADG controls but this depends on the specific sites, their orientation, relation to heritage items, etc. Generally this option is likely to provide more acceptable relationship to the context of buildings to be retained.

Noted – no changes required to the Strategy.

Urban design principles – 3.2.1 Street trees should be acknowledged as a key neighbourhood elements.

The Strategy has been updated to acknowledge the street trees as neighbourhood elements.

Built form and scale – The objectives and strategies are supported with the exception of:

·      Ground floor units may under certain circumstances may be acceptable with their floor level below street level.

·      Transferable heritage floor space scheme – whilst this could potentially work in some situations it is unlikely to be practical in most cases whilst maintaining the maximum height control of 33m and existing overly high FSR.

·      Street sections – Typical street section (figure 28) have some issues. These include:

The parking basement must be located beneath the building footprint and behind the building setback to enable deep soil planting at the front of the building

The proposed 0.9-1.2m elevation of front gardens/terraces above street level to assist with privacy may bring particular difficulties associated with ramping up to the main entrance. This effectively could cause the whole front setback area to be ramps in some circumstances with consequent effect on deep soil areas as well as being often unsightly.

Princes Highway section (figure 30) road noise is an extremely critical issue which is alluded to in the report. It is important for the amenity of the units that ADG cross ventilation requirements be achieved whilst providing satisfactory acoustic conditions within the units. Sections should show the relationship between street trees, above ground infrastructure such as electricity and lighting, below ground infrastructure and building awnings.

The comments are noted however the Strategy has not been amended:

·      The Strategy discourages ground floor units that are below the street level. There are issues with amenity with such units and they should not be encouraged.

·      The Kogarah North DCP Amendment does not include transferrable heritage floor space. This would be subject to negotiation at DA stage.

·      The Kogarah North DCP Amendment requires the parking basement to be located beneath the building footprint and behind the building setback to enable deep soil planting at the front of the building.

·      The front gardens and terrace design would be subject to a design outcome.

·      As stated previously the ADG is not replicated in the Kogarah North DCP Amendment. A DA lodged for a site within the Precinct would need to address the amenity of the units and ensure that ADG cross ventilation requirements are achieved whilst providing satisfactory acoustic conditions within the units.

Urban structure – Recommendations are fully supported. Council should prepare a public domain strategy that reinforces the desired hierarchy of streets, laneways and open space.

Agree. The Kogarah North DCP Amendment contains section on public domain and the requirements.

Density – It should be noted that LEP FSR maxima are unlikely to be achievable on many sites.

Noted – no changes required to the Strategy.

Sustainability – The Panel notes that social and economic outcomes are not identified. Nominating a specific tree canopy cover percentage may be constraining and instead the strategy ought to be to maximise tree canopy cover. All roofs should be green roofs where ever possible.

Noted. The specific tree canopy % is not included in the DCP – but the control requiring that tree canopy be maximised is. The controls also require green roofs where possible – this is also repeated in the Kogarah North DCP Amendment.

Figure 38 – Fully supported in principle but no technical basis for location of WSUD has been provided.

The location of the WSUD will be subject to the requirements of each site.

3.2.6 Landscape – The Panel does not feel that compulsory green facades are practical or desirable in the context where deep soil is being promoted (refer also to figure 38). Council should identify specific opportunities for safe pedestrian movement between developments to the station and the Kogarah retail centre.

Noted – no changes required to the Strategy. Green facades soften buildings and assist in cooling temperatures. It is also subject to design.

 

Opportunities for safe pedestrian movement has been identified in the Kogarah North DCP Amendment.

3.2.7 Amenity – The objectives and strategies are fully supported. Figure 39 – The potential community ‘hub park’ is very strongly supported. For it to be realised it will be essential for Council to develop more detailed strategies and plans in consultation with the community.

Noted – no changes required to the Strategy.

3.2.8 Safety – Council should look to introducing additional land uses at ground level on the Princes Highway, since it is an unattractive environment for neighbourhood shops. Amend the reference in figure 40 from ‘commercial active frontage’ to ‘possible commercial active frontage’.

The issue here is that most of the land along the princes Highway is zoned R3 High Density residential. The only non-residential uses permitted are: Car parks; Centre-based child care facilities; Community facilities; Group homes; Neighbourhood shops; Places of public worship; Public administration buildings; Recreation areas; Respite day care centres; Shop top housing; Tourist and visitor accommodation.

 

Changes in land use permissibility require an LEP amendment.

3.2.9 Housing diversity and social interaction – The first strategy of housing mix Council to check against the ADG. The immediate proximity to three (3) schools and the hospitals should influence the housing mix in this precinct.

Noted – Kogarah North DCP Amendment contains objectives and controls for apartment mix.

3.2.10 Aesthetics – Support in principle.

Noted – no changes required to the Strategy.

 

70.    The public submissions to the exhibition of the draft strategy have been incorporated into the DCP and are outlined in the next section of this report.

 

71.    As a result of the DRP’s comments the draft Strategy has been amended. A copy of the final Strategy is included at Attachment 3.

 

Advice from Sydney Airport Corporation Limited prior to public exhibition of the draft DCP Amendment

72.    In accordance with the Council resolution on 7 August 2017 advice was sought from Sydney Airport Corporation Limited (SACL) prior to the exhibition of the draft Development Control Plan (DCP) with respect to the proposed consideration of the variation to the maximum building height above 33m up to a maximum 39m with respect to the Obstacle Limitation Surface (OLS) in the Kogarah North Precinct.

 

73.    Council was advised verbally that SACL could not provide advice in relation to the proposed variation to the height prior to the exhibition of the DCP and Council was requested that advice be sought once the DCP had been placed on exhibition.

 

Exhibition of the draft Development Control Plan (DCP) and Urban Design Strategy for Kogarah North

74.    In accordance with Council’s resolution of 1 May 2017, an amendment to the Kogarah DCP 2013 was prepared to insert provisions for the Kogarah North Precinct.

 

75.    The draft DCP amends the Kogarah DCP 2013 and was prepared with reference to the key urban design principles in the Kogarah North Urban Design Strategy as well as the height variation criteria for the Precinct.

 

76.    Accordingly, the draft DCP and Urban Design Strategy for the Kogarah North Precinct was placed on exhibition from Wednesday 6 September – Friday 6 October 2017 (30 days).

 

77.    Letters were sent to all affected property owners within the Precinct and an advertisement appeared in the St George Leader on Wednesday 6 September 2017.

 

78.    In addition, the following was also undertaken:

a.   Copies of the draft DCP and Kogarah North Urban Design Strategy were available for viewing in Council’s Customer Service Centres at Hurstville and Kogarah, including copies in Kogarah Library;

b.   The documentation was available on Council’s website for the duration of the exhibition period; and

c.   Council’s Coordinator – Strategic Planner was available for one-on-one appointments and answering enquiries related to the draft Urban Design Strategy and draft DCP.

 

79.    During the exhibition, advice was also sought from SACL in accordance with Council’s resolution with respect to the proposed variation to the height.

 

80.    During the exhibition twenty-one (21) submissions were received. A detailed overview of the issues identified in the submissions along with the Council Officers response and recommendation is included at Attachment 4

 

81.    Comments on the draft DCP Amendment were also sought from GMU Consultants who are assisting Council with respect to the Appeals for the Development Applications in the Kogarah North Precinct and is providing Urban Design advice in this regard please refer to Paragraphs 85 to 89 for further discussion.

 

82.    Council is to note that the draft DCP amendment was advertised as an extension to that part of the DCP applying to the Kogarah Town Centre – Part E1. Given the importance of the Kogarah North Precinct it will now be in its own part – Part E4. This explains why the submissions received and comments provided by GMU Consultant mentioned different clause numbers to that now contained in the final draft copy of the DCP.

 

83.    Table 3 below provides a summary of the key issues raised in the submissions and Council Officer’s response and recommendations:

 

Table 3: Summary of Submissions received during the Exhibition of the draft DCP

Key Issues Raised in Submissions

Council Officer’s Comments and Recommendation

Objects to Option 3 in the draft Urban Design Strategy which identifies a 2.5:1 FSR vs FSR in Kogarah LEP 2012 (4:1)

The Kogarah North Urban Design Strategy identifies that due to the Precinct's existing lot configuration many sites will struggle to achieve the permitted height (33m) and FSR (4:1), while complying with the design considerations mandated by the Apartment Design Guide (ADG).

The analysis undertaken by the consultants suggests developers would only be able to maximise yields (e.g. achieve an FSR of 4:1) by consolidating lots to achieve a width of between 40-60 metres and even then, in some cases this may only be maximised by encroaching on the height limit of 33m.

Design Option 3, which was recommended by the consultants and endorsed by Council in principle, places an emphasis on creating a built form that complies with the ADG and defines a four storey street wall character.

This option places further emphasis on transitioning between the scale of the heritage items and the new built form with reduced heights and increased setbacks adjacent to the heritage items. This option also takes into account the height of buildings so as to minimise their overshadowing impact to existing and future open space areas.

 

With respect to the height and FSR, these have been retained at a maximum of 33m and 4:1, respectively. As outlined in the draft DCP, the FSR, as expressed in Kogarah LEP 2012 is a maximum. Due to certain factors, not all development is appropriate at the maximum allowable FSR.

Council Officer’s Recommendation:

No change to the FSR of 4:1 in Kogarah LEP 2012 for the Kogarah North Precinct and retention of the discussion relating to Option 3 in both the Kogarah North Urban Design Strategy and DCP. Option 3 assists in guiding the principles to achieve a good design outcome.

 

Objects to the proposed pedestrian link between Stanley Street and Victoria Street as it will have adverse impacts on adjoining properties (noise, privacy, encourage loitering)

Figure 31 – Street Character Urban Design Diagram in the Kogarah North Urban Design Strategy identifies the creation of a new/improved pedestrian link between Stanley Street and Victoria Street. The diagram or words do not indicate the exact location of the new pedestrian link – all it indicates is the creation of a link that continues from Regent Street connecting through to Victoria Street.

 

Section 5.8.14 of the draft DCP provides for the creation of a through site pedestrian link between Stanley Lane and Victoria Street. The preferred location for the through site pedestrian link is through No 22 Victoria Street. Where a development site includes or is adjacent to No 22 Victoria Street, Council will require the identification of any through site link as part of any future development application.

 

The exact location of the through site link can be negotiated through the preparation of any development application and issues related to noise and privacy can be dealt with as part of the assessment of any development application.

 

The DCP to be amended so that an additional control is inserted which states:

The location of the through site links/pocket parks may be amended through negotiations with Council Officers but must meet the desired future urban design principles for the Precinct and the objectives of this section.

 

Heritage status of Nos 14-16 Victoria Street, Kogarah is resulting in the sterilisation of redevelopment of properties in Victoria Street.

With respect to the heritage listed properties, preliminary advice has been sought from Council’s Heritage Adviser with respect to the properties at Nos 14 & 16 Victoria Street. In this regard, the following conclusions have been made:

 

While 14-16 Victoria Street can still be considered to be relatively rare within the Georges River Council area, there are at least two other comparable examples which are listed in Schedule 5 of Kogarah LEP. Based on the above, 14-16 Victoria Street could potentially be removed from Schedule 5 if it can be demonstrated that future planning policies would probably diminish the setting of the place.

 

Based on this preliminary review, it is recommended that a more detailed review be undertaken with respect to consideration of the heritage listing of Nos 14-16 Victoria Street, Kogarah.

 

Council Officer’s Recommendation:

That a more detailed review be undertaken by Council at the applicant’s costs with respect to consideration of the heritage listing of Nos 14-16 Victoria Street, Kogarah. Should it be identified that the properties do not have heritage value that a Planning Proposal be prepared at the applicant’s cost to Kogarah LEP 2012 to remove the heritage listing from the properties.

 

Siting and Consolidation of Development Sites: Given the building depths set out in the ADG, the larger site area arising from a frontage of 60m does not necessarily result in an optimal balance between height, FSR and ADG considerations.

 

 

The site isolation feasibility requirements should be consistent with the LEC planning principle Karavellas v Sutherland Shire Council [2004] NSWLEC 251, which requires that an offer to purchase the isolated site is based on at least one recent independent valuation

 

It is accepted that given the building depths set out in the ADG, the larger site area arising from a frontage of 60m may not necessarily result in an optimal balance between height, FSR and ADG considerations. The objectives of the DCP with respect to the siting and consolidation of development sites aims to encourage amalgamation of sites to promote the efficient use of land and to provide improved design outcomes and public domain interface and to avoid the creation of isolated sites.

 

The Land and Environment Court planning principle requires that the following questions be answered when dealing with amalgamation of sites or when a site is to be isolated through redevelopment:
     -     Firstly, is amalgamation of the sites feasible?

-     Secondly, can orderly and economic use and development of the separate sites be achieved if amalgamation is not feasible?

 

The principles to be applied in determining the answer to the first question are set out by Brown C in Melissa Grech v Auburn Council [2004] NSWLEC 40. The Commissioner said:

 

Firstly, where a property will be isolated by a proposed development and that property cannot satisfy the minimum lot requirements then negotiations between the owners of the properties should commence at an early stage and prior to the lodgement of the development application.

Secondly, and where no satisfactory result is achieved from the negotiations, the development application should include details of the negotiations between the owners of the properties. These details should include offers to the owner of the isolated property. A reasonable offer, for the purposes of determining the development application and addressing the planning implications of an isolated lot, is to be based on at least one recent independent valuation and may include other reasonable expenses likely to be incurred by the owner of the isolated property in the sale of the property.

 

Thirdly, the level of negotiation and any offers made for the isolated site are matters that can be given weight in the consideration of the development application. The amount of weight will depend on the level of negotiation, whether any offers are deemed reasonable or unreasonable, any relevant planning requirements and the provisions of s 79C of the Environmental Planning and Assessment Act 1979.

A review of the site isolation feasibility requirements in the draft DCP has been undertaken against the planning principle outlined above. It is considered that the process outlined in the draft DCP is generally consistent with the exception of the draft DCP requiring two independent valuations, whereas the planning principle requires one. It is recommended that this be retained, as exhibited.

 

An amendment has also been made to the provision to clarify that the valuation of the land must also take into account the value of the land as a development site. In this regard, a note has been added

 

Council Officer’s Recommendation:

No change to the draft DCP, which is generally consistent with the Land & Environment Court Planning Principle.

Inclusion of a note in the relevant section to clarify that Council will ask that the valuation of the land must also take into account the value of the land as a development site if Council has any questions regarding the valuation.

 

Building heights: Any applicant is entitled to use clause 4.6 in order to increase the height and FSR. It is not subject to any maximum 20% increase.

 

It is also most certainly not subject to payment of money or public benefits package via a VPA or otherwise.

It is noted that any applicant is entitled to use clause 4.6 in order to increase the height and FSR. Council is seeking to ensure that it provides a consistent application of Clause 4.6 in the consideration of the variation of height of buildings in the Precinct until such time that Council is able to prepare a Planning Proposal to review the height of buildings in the Precinct.

In this regard, a report was presented to Council in August 2017 outlining a Policy Position on the consideration of the variation of height in the Kogarah North Precinct.

Any variation, including a variation of 20% would trigger Council’s Voluntary Planning Agreements (VPA) Policy. Refer to Paragraphs 54 to 66 of this report for the discussion on the matter.

Council Officer’s Recommendation:

The wording has been slightly amended to increase to variation to 25% but still reinforces Council’s policy decision dated 7 August 2017.

 

Street frontage heights and setbacks: Clause 5.8.10 – this control should be altered to reflect the guidance outlined in the ADG, which recognises that additional steps can be provided if a ziggurat form does not result.

 

Noted - draft DCP will be amended to include the design guidance as per the ADG, which states the following:

Generally one step in the built form as the height increases due to building separations is desirable. Additional steps should be careful not to cause a 'ziggurat' appearance

Council Officer’s Recommendation:

That the control be amended and replaced with:

One step in the built form as the height increases due to building separations is required. Additional steps should be careful not to cause a 'ziggurat' appearance.

 

Street frontage heights and setbacks: 2m front setback desired on the ground floor seeks to form an extension to the public domain and provide an increased footpath width. There may be liability issues where the footpath is situated on private land and it is requested that Council provide clarification how this may be managed.

 

The 2m setback at the ground floor seeks to create an extension to the public domain. A key objective of this increased setback is to preserve and enhance the street settings…and create opportunities for the planting of additional canopy trees and landscaping.

It is noted that the wording in the draft DCP identifies that the 2m setback is to form an extension to the public domain to provide for an increased footpath and deep soil landscaping. A review of the wording has been undertaken to clarify the objective of this provision.

Council Officer’s Recommendation:

That the following wording:

Minimum 2 m setback from the property boundary. This 2m setback is to form an extension to the public domain to provide for an increased footpath and deep soil landscaping.

Be deleted and replaced with:

Minimum 2 m setback from the property boundary. This 2m setback, although private, is to preserve and enhance the street and public domain setting. This setback is to provide opportunities for the planting of additional mature canopy trees and landscaping. The fencing height is to be no greater than 1m and the style is to be open in format.

 

Dedication of land to council for road/lane widening and splays: Clause 5.8.13 - Land dedications should be reflected in the LEP land reservation acquisition map and/or the s94 plan so they have statutory force.

 

The requirement for the dedication of land for the widening of the laneway will be required as a condition of consent as part of any development application to ensure the efficient operation of the laneway.

Council Officer’s Recommendation:

That the section of the DCP be retained, as exhibited, and the land dedications remain in the DCP.  However further detail is to be provided on the amount of land required for road widening purposes.

 

Vehicular access and car parking: Clause 5.8.19 – it should not be required to provide showers and lockers for bicycles for residential development.

This provision is consistent with the requirements currently contained in Kogarah DCP 2013 – Section E – Kogarah Town Centre (Clause 3.9.2). However the provision in the draft DCP needs to be clarified so that it applies to non-residential development and components of non-residential in mixed use developments. Residential units will have storage and showers within their units.

Council Officer’s Recommendation:

That the section amended in the Kogarah North DCP Amendment so that it applies only to non-residential development.

 

Ground floor apartments: Clause 5.8.24 – requested that Council provide clarity on how terraces should relate to required front setbacks at ground level when the terrace faces the street.

 

The objective of the provisions relating to ground floor apartments is to design ground floor apartments to balance dwelling privacy with surveillance to the street and to create opportunities at the street level for planting and landscaping.

Council Officer’s Recommendation:

That the provision be retained in the DCP, as exhibited. The DCP has been amended to include clearer diagrams.

 

Active street frontages: Clause 5.8.23 – inconsistency between the LEP and the DCP is the desire to provide commercial uses at ground floor of developments fronting Railway Parade North and Princes Highway

Suggestion that if Council desires an active frontage that an incentive provision is provided in the LEP, which permits food and drink premises, which would assist in achieving the desired outcomes

 

The comments raised are noted.

The zoning and land use provisions for the R4 – High Density zone conflict with achieving active frontages. The LEP permits only one type of use within the R4 zone which is a neighbourhood shop, which is limited to 80m2.

The DCP also suggests that home businesses be used to activate the street however this use is also highly restrictive.

The suggestion of a provision in the LEP to include additional land uses, particularly for developments with frontages to Railway Parade and Princes Highway would assist in achieving the desired objective of activating streetscapes, particularly along main roads where residential at ground level is not desirable.

Council Officer’s Recommendation:

That the provision be deleted from the DCP and that consideration be given to reviewing the inclusion of additional land uses for developments fronting the Princes Highway and Railway Parade, as part of any future amendment to the Kogarah LEP 2012.

 

Minimum frontage: Clause 5.8.7 (Siting and Consolidation of Development Sites)

 

60m is not the optimal frontage and there is no evidence supporting the 60m. The ADG setback requirements and maximum building depth derive the maximum yield therefore a frontage could be 42m. The frontage requirement of 60m is too onerous and would be difficult to achieve due to site cost constraints

 

The provision of the draft DCP states the following:

 

Sites must be of a sufficient width to accommodate development. The Kogarah North Urban Design Strategy identifies that to optimise yield and public domain amenity development sites should have a minimum street frontage of 60m. Where sites do not have a minimum street frontage of 60m they may not achieve the maximum yield.

The 60m frontage is a result of the testing undertaken by the consultant in achieving the maximum FSR of 4:1. Depending on the orientation of the site (corner site or mid-block) and depth of blocks, it may be possible to achieve the maximum 4:1 FSR without the need for a 60m frontage.

Where it is difficult to achieve the 60m frontage, Council may consider a variation however this would need to be justified taking into account the objectives of the Clause.

Council Officer’s Recommendation:

That the provision be amended to read as follows:

Sites must be of a sufficient width to accommodate development. The Kogarah North Urban Design Strategy identifies that to optimise yield and public domain amenity development sites should have a minimum street frontage of 60m. Where sites do not have a minimum street frontage of 60m the development would need to ensure the design outcomes/built form meets the Vision and the Desired Future Urban Design Principles for the Precinct.

In considering the development Council will take into account the proportions of the building – the podium width compared to the width of the tower and the appearance from the public domain.

 

Amalgamation Requirements: The table requires the amalgamation of certain sites – the amalgamation requirements are overly prescriptive allowing no creativity or flexibility in the development of the precinct

Identifying specific amalgamation requirements are likely to inflate the price of land

 

The intent of the amalgamation requirements is to ensure that for the efficient use of land and to provide for improved design outcomes and to avoid the creation of isolated lots.

Clause 5.8.7(vi) – (ix) proposes a process, which is consistent with the amalgamation requirements already contained within Kogarah DCP 2013. This process requires the applicant to provide to Council appropriate documentary evidence to demonstrate that a genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value.

 

Where amalgamation of the isolated site is not feasible, applicants will be required to demonstrate that an orderly and economic use and development of the separate sites can be achieved. In this regard, applicants will be required to submit with the DA a DA Concept Plan that provides the following:

 

-       Details an envelope for the isolated site, indicating height, setbacks, resultant site coverage (building and basement), sufficient to understand the relationship between the application and the isolated site.

-       The likely impacts the developments will have on each other, such as solar access, visual and acoustic privacy and the impact of development of the isolated site on the streetscape must also be addressed.

-       An assessment against the ADG with respect to the impact of the proposed development on the isolated site. Any proposed development of a neighbouring isolated site should be compliant with ADG provisions

 

Council Officer’s Recommendation:

That the provision be retained in the DCP, as exhibited as it contains sufficient direction on where the amalgamation requirements can be met.

 

 

84.    It should be noted that none of the submissions objected to the variation proposed by Council for the increase in height in the precinct from 33m to 39m.

 

Comments from GMU – Urban Design Consultant

85.    Council currently has four (4) appeals before the Land & Environment Court for the subject sites within the Kogarah North Precinct:

§ No 11 Stanley Street and 28-36 Victoria Street, Kogarah (DA110/2017)

§ No 70-78 Regent Street, Kogarah (DA111/2017)

§ No 2-10 Palmerston Street, Kogarah (DA112/2017)

§ No. 41-47 Princes Highway (DA183/2016)

 

86.    GMU Consultant is representing Council with respect to the Appeals for the Development Applications in the Kogarah North Precinct and is providing Urban Design advice in this regard.

 

87.    As part of this process detailed built form testing was undertaken to establish appropriate design built form/solutions that encompasses the principles of design excellence.

 

88.    The built form testing has indicated that a greater height of 40.5m (excluding the lift overrun) will allow a better design outcome that complies with the 4 storey street wall height and the setbacks of the Kogarah North Urban Design Strategy and the Apartment Design Guide. This is an increase in height from 33m to 40.5m – i.e. an increase in the variation from 20% (39m) to a 25% (40.5m).

 

89.    In addition, GMU has provided comments on the draft DCP. These are summarised in Table 4 following


 

Table 4: Summary of Comments from GMU and

Council Officer’s Comments and Recommendations

GMU Comments

Council Officer’s Comments and Recommendations to the Kogarah North DCP Amendment

 

The draft DCP places significant reference on the Urban Design Strategy.

Council, in developing the draft DCP controls has tried to create a link between the principles in the Urban Design Strategy and the draft DCP controls. However it is noted that the DCP will be the statutory document. Therefore the Kogarah North DCP Amendment has been altered to list the Strategy as a reference document only, with a link to the Council’s website.

 

The Strategy has multiple options – the vision should be related to Option 3 which Council has endorsed.

 

That the DCP has been amended to reflect the vision in Option 3 only as that vision was adopted by Council at its meeting held 1 May 2017.

Vision needs more in it around the scale of buildings, human scale of the street, generous public domain with strong landscape character and about the different character of streets and built form to corners

 

The vision in both the strategy and the DCP has been amended to address the issues raised.

Page 4 of the draft DCP talks about compliance with the Kogarah North Urban Design Strategy – it is recommended that this should be deleted.

 

The comments from GMU are noted – the urban design objectives and strategies in the Kogarah North Urban Design Strategy have been included in the draft DCP so it is recommended that this reference be deleted.

 

There are a significant number of principles for different topics but they should be arranged with the controls so there is a clear link between them rather than in different sections.

 

The DCP has been amended to address this issue. The Precinct will now be in a separate part of the DCP under E – Town Centres as E4 – Kogarah North Precinct.

The maps are quite dislocated from the principles and some of the controls.

 

Maps are now located near the controls/objectives and are clearer.

Submission requirements (Section 5.8.5) should be upfront and not interrupt the principles and controls

 

The DCP has bene amended to address this issue.

Siting and consolidation -should simply say you have to have a 60m frontage and not refer back to the Urban Design Strategy

 

The provision  has been amended to read as follows:

Sites must be of a sufficient width to accommodate development. The Kogarah North Urban Design Strategy identifies that to optimise yield and public domain amenity development sites should have a minimum street frontage of 60m. Where sites do not have a minimum street frontage of 60m the development would need to ensure the design outcomes/built form meets the Vision and the Desired Future Urban Design Principles for the Precinct.

In considering the development Council will take into account the proportions of the building – the podium width compared to the width of the tower and the appearance from the public domain.

 

Images in the draft DCP are difficult to read

 

The images/maps have been replaced with higher resolution/clearer images.

 

Section on Heritage talks about building heights not being inconsistent with the desired future character – Objective B in 5.8.9 – this is a motherhood statement and is not clear

 

This objective has been deleted.

Objective D and Control (v) – linking heights to public benefit – needs to be clarified to ensure that increased height is only permitted in appropriate locations within the Precinct.

 

The Building heights section of the DCP has been rewritten to address the issues raised.

The consideration of a variation to the height of 33m is not a given and any application would need to result in full compliance with the requirements of SEPP and the ADG.

Link the public benefits and increased height to specific sites

 

Council has not identified specific sites where the provisions for increased height may occur as it would be difficult to identify specific sites within the Precinct.

A Public Domain Plan and Section 94 Contributions Plan will be prepared for the Precinct and this will identify the key works that will need to be undertaken.

 

The front setback table does not clearly indicate what the 2m setback from the property boundary 

 

The intention of Council in requiring a 2m setback is to create an extension to the front setback and allow for additional landscaping and the planting of mature trees.

In this regard, the Objectives of the street setback provisions seek to:

§ Preserve and enhance street settings or to retain existing street trees and create opportunities for the planting of additional canopy trees and landscaping; and

§ Ensure new development is compatible or contributes to the desired future streetscape character.

 

Watch the requirement that no balcony is to encroach into the setbacks – you need to combine this with a control for strong articulation in facades behind the setback or you will get dead flat facades.

 

Generally, balconies can encroach into the front building setbacks (Levels 2, 3, 4) up to 1m into the 3m setback and these controls are included in the setback requirements.

In addition, Clause 5.8.21 – Façade Composition includes Objectives and Controls which relate to the articulation of facades. Specifically, the Objectives state:

 

A.   Ensure facades reinforce the character and continuity of existing or proposed streetscapes.

 

B.   Create harmonious, well-balanced facades containing much articulation and architectural detail.

 

Activation for corners seems to expect retail on all corners shown – retail won’t work in so many locations – too close together

 

This comment is agreed with. The activation of corners has been limited to ground floor for frontages along the Princes Highway and Railway Parade North.

Side and rear setbacks (page 23) – seems to be saying that its ok to have no setbacks on every block up to level 4 – that form only works for centres and would not be a good outcome for all residential streets with residential at ground floor as you will lose a lot of the landscape character

 

This has been clarified in the DCP as only relating to those sites along fronting the Princes Highway to maximise yield. Council may consider the reduction of the side boundary setbacks on other sites within the Precinct, where the proposed development complies with the principles of solar access and cross ventilation in SEPP 65 and where it can be demonstrated that there would be no additional impacts on adjoining properties and trees are retained.

 

Additional Feedback from Ward Councillors

90.    Kogarah Bay Ward Councillors have discussed the draft DCP with the Director.

 

91.    A summary of the discussions and how matters raised have been addressed in the draft DCP are outlined below (Table 5):

 

Table 5 – Summary of Discussions with Ward Councillors

Comment made by Councillors

Changes to DCP/Comments

Section 94 and how the infrastructure will be funded.

Comment: As stated above the Kogarah s94 Plan No. 8 still applies in the Precinct which captures about $17,000/unit. Refer to paragraphs 32 to 37 of this report.

Need to make sure that the court principles are followed with the consideration of isolated sites. Need to clarify what we ask for in the land valuation.

Included in Section 7.

Amenity of the Precinct needs to be improved through controls that ensure building setbacks are landscaped and the street is not dominated by fencing.

Included in Sections 10, 11 and 15.

Setbacks are importance to give a space of space and pedestrian amenity.

Addressed in Sections 10, 11 and 15.

Power lines are to be undergrounded as per the town centre, to improve the amenity of the area by reducing visual clutter.

Addressed in a new section 25 – Site facilities

Needs to be a pedestrian friendly suburb.

Addressed in Sections 10, 11, 13 and 15.

Fencing requirements within the Precinct needs to be included in the DCP.

Addressed in Section 10.

There needs to be a plan of management on how to maintain setbacks, presentation of buildings, incorporate into strata bylaws.

Addressed in Section 26 – Maintenance.

Building design and facades are interesting and of superior quality.

Addressed in Section 19 – Architectural Articulation

Built form is softened with planting of mature/substantial trees both on private land and in the public domain/streets.

Addressed in Section 11 – Trees and Landscape

 

Advice from Sydney Airports Corporation Limited (SACL) during exhibition of the draft DCP

 

92.    In accordance with the Council’s resolution of 7 August 2017 advice was sought from SACL prior to the exhibition of the draft DCP. Council was advised verbally that at SACL could not provide advice in relation to the proposed variation to the height prior to the exhibition of the DCP and it was requested that advice be sought once the DCP had been placed on exhibition.

 

93.    A further request was made to SACL for comment once the draft DCP was placed on exhibition. In this regard, SACL has advised by letter dated 19 October 2017 as follows:

 

Sydney Airport received a notice … seeking advice on the proposed consideration of the variation to the maximum building height up to a maximum of 40m above existing ground height (63.0 metres Australian Height Datum (AHD)) with respect to the Obstacle Limitation Surface (OLS) in the Kogarah North Precinct.

 

The height of the OLS over the area is 51m AHD. Any proposed structures taller than 51m AHD would need to be submitted as an application for approval pursuant to s.183 Airports Act - Notification of decision under Reg 15A(2) of the Airports (Protection of Airspace) Reg's 1996.

 

This location lies within an area defined in schedules of the Civil Aviation (Buildings Control) Regulations which limit the height of structures to 15.24 metres above existing ground height (AEGH) without prior approval of the Civil Aviation Safety Authority.

Construction cranes may be required to operate at a height significantly higher than that of the proposed development and consequently, may not be approved under the Airports (Protection of Airspace) Regulations.

 

94.    Since early 2014 CASA are have become more critical of applications that exceed the OLS height limit and appear to be imposing more restrictive heights and conditions. There has however been a precedence established with buildings exceeding the OLS in the Kogarah Town Centre and these have been supported by CASA on the basis that the development should not increase the risk to aviation safety, regularity or efficiency.

 

95.    The heights within the Precinct and the OLS will be dealt by CASA on an individual basis – i.e. DA by DA.

 

Administrative Changes Required

96.    The draft DCP amendment was advertised as an extension to that part of the DCP applying to the Kogarah Town Centre – Part E1. Given the importance of the Kogarah North Precinct it will now be in its own part – Part E4. This explains why the submissions received and provided by GMU mentioned different clause numbers to that now contained in the final draft copy of the DCP.

 

97.    Due to insertion of the Kogarah North Precinct section to the DCP the following changes are also proposed to the Kogarah DCP 2013 (Table 6):

 

Table 6 – Administrative Changes to the DCP

 

Part

subpart

Amendment

A – Introduction

(Refer to Attachment 5)

Part 1.2 – Name of this DCP

Include an amendments table of changes – this will be Amendment no. 2.

 

Part 1.7 – Structure of this DCP

Include new Part E4 – Kogarah North Precinct into the list under Part E – Town Centres.

E – Town Centres

(Refer to Attachment 6)

Contents list

Insert E4 – Kogarah North Precinct & its list Table of Contents list

E1 – Kogarah Town Centre

(Refer to Attachment 7)

 

1. Background

Amend This Part applies to land that is within the boundaries of the Kogarah North Precinct Centre as shown on Figure 1 below.

To

This Part applies to land that is within the boundaries of the Kogarah North Precinct Centre as shown on Figure 1 below except for that land that is within the Kogarah north precinct – refer to part E4 – Kogarah North Precinct.

E4 – Kogarah North Precinct

(Refer to Attachment 8)

New part

New part

 

Final copy of Kogarah DCP 2013 – Kogarah North Amendment 2017

98.    A final copy of the draft development control plan is attached (Refer to Attachment 5 to 8). Please note that Attachment 8 contains the controls applying to the Kogarah North Precinct.

 

99.    The DCP has been amended to address:

 

a.   Numbering requirements as the Kogarah North Precinct now has its own part;

b.   Public Submissions;

c.   Council’s Design Review Panel’s comments;

d.   Comments from Gabrielle Morrish from GMU who is representing Council with respect to the Appeals for the Development Applications in the Kogarah North Precinct and is providing Urban Design advice in this regard;

e.   Increase in the height variation from 20% to 25%;

f.    Councillor’s discussions.

 

100.  Part E4 – Kogarah North Precinct contains the following sections:

 

Section No.

Content

1.

Existing Character:

Describes the Precinct as it is now.

2.

Land to which this part applies:

States that Part E4 applies to the Kogarah North Precinct and provides a map of the precinct. Also states that:

·      Development needs to comply with all other applicable Parts of the DCP. If there is a discrepancy between Part E4 and other Parts of the DCP the controls in Part E4 will always prevail. 

·      The Part is to be read in conjunction with the Kogarah Local Environmental Plan 2012.

·      SEPP No. 65 and the ADG prevail over Council’s DCP. 

3.

Section 94 Development Contributions and Voluntary Planning Agreements:

This section states that Council seeks the following development contributions:

·      Section 94 Contributions;

·      Section 94A levies; and

·      Voluntary Planning Agreements.

4.

The Kogarah North Urban Design Strategy:

Provides a background on the strategy and its relationship to the DCP.

5.

Vision for the Kogarah North Precinct:

This describes the future Precinct – vision and the urban design principles.

6.

Submission Requirements for Development Applications:

Every Development Application for residential flat buildings and mixed use developments under SEPP 65 or developments with an assessed value exceeding $1 million in the Kogarah North Precinct must be accompanied by:

·      A 3D dimensional Google Sketch-up model of the proposed development (external configuration) on an accurate topographical and cadastral boundary base, including the existing built form of the immediately adjoining and neighbouring context of proposal; and

·      An indicative design concept for adjoining sites where the development will potentially isolated sites.

7.

Siting and Consolidation of Development Sites:

In summary requires:

·      The siting of a building is to respond to the requirements of the Apartment Design Guide.

·      The maximum floor space ratio (FSR) is set by clause 4.4 of Kogarah LEP 2012 and the FSR Map.

·      Sites must be of a sufficient width to accommodate development. The Kogarah North Urban Design Strategy identifies that to optimise yield and public domain amenity development sites should have a minimum street frontage of 60m. Where sites do not have a minimum street frontage of 60m the development would need to ensure the design outcomes/built form which meets the Vision and the Desired Future Urban Design Principles for the Precinct as well as the built form objectives outlined in this Part of the DCP. In considering the development Council will take into account the proportions of the building – the podium width compared to the width of the tower and the appearance from the public domain.

·      Development is not to result in the creation of an isolated site that could not be developed in compliance with the relevant planning controls, including the Kogarah LEP 2012, SEPP 65 and the ADG.

8.

Heritage:

Requires a Heritage Assessment to be lodged with a development application in accordance with Clause 5.10(5) of the Kogarah Local Environmental Plan 2012.

There are also controls on site isolation of heritage sites, and transition and curtilage from heritage items.

9.

Building Heights:

This section contains the controls on the 25% variation.

Given the heights in the Precinct a Wind Analysis Report is required to be submitted with a Development Application. Also states that all applications will be referred to SACL and CASA.

10.

Street Frontage Height, and Front, Rear and Side Setbacks:

This section contains the setback controls for each street as well as requiring the four storey street wall height to provide human scale and set back taller elements above the four storey street wall height.

11.

Trees and Landscape:

This section promotes the retention of street trees and the planting of additional trees. Also has controls relating to landscaping within a site. Communal open space on roof tops is encouraged.

12.

Dedication of Land to Council for Road/Lane Widening and Splays:

Has controls for the widening of Stanley Lane between Regent Street and Regent Lane.

13.

Creation of Through Site Pedestrian Links and Additional Open Space:

Three public through site pedestrian links and one additional open space are highlighted within the Precinct. The location of the through site links/pocket parks may be amended through negotiations with Council Officers but must meet the desired future urban design principles for the Precinct.

14.

Housing Choice:

Apartment mix is encouraged within the Precinct. As well flexible apartment configurations are also encouraged to support diverse household types and stages of life including single person households, families, multi-generational families and group households.

15.

Addressing the street and public domain:

Controls ensure that development addresses the street and provides for a great public domain.

16.

Impact of Development on the Road/Pedestrian Network:

Requires a Transport Impact Study.

17.

Development with frontage to the Princes Highway and Adjacent to the Railway Line:

Controls to require that road and rail noise is taken into account within the Precinct.

18.

Vehicular access and car parking:

Requires that residential parking is provided in accordance with ASDG and SEPP 65. Controls the parking rates for non-residential development.

19.

Architectural Articulation – façade, roof and wall design and private open space:

The controls require buildings to be interesting and distinctive and visually appealing. Contains for facades, roofs, and private open space.

20.

Awnings:

Controls on under awning lighting and awnings for entrances to buildings.

21.

Active Street Frontages along Princes Highway and Railway Parade North:

Controls require activation of the ground floor for frontages with neighbourhood shops and home offices along the Princes Highway and Railway Parade North and that ground floor apartments are not permitted along the Princes Highway and along Railway Parade.

22.

Solar Access:

Controls ensure that solar access is provided to adjoining land. Also references the NSW Land and Environment Court Planning Principle for sunlight (NSW LEC 1082).

23.

Safety and Security:

Requires that the design of development is to incorporate Crime Prevention Through Environmental Design (CPTD) principles.

24.

Waste Minimisation:

Contains controls for waste management and collection.

25.

Site Facilities:

The controls seek to

·      Ensure that adequate provision is made for site facilities, such as clotheslines and storage areas, in the design of the development.

·      To ensure that site facilities are thoughtfully integrated into development and are unobtrusive.

26.

Maintenance

Contains controls for the maintenance of buildings and requires that such maintenance be written into the by-laws.

 

Legislation Requirements

101.  Clause 21 of the Environmental Planning and Assessment Regulation 2000 states that Council may after considering any submissions about the draft development control plan that have been duly made, may approve the plan with such alterations as the Council thinks fit. Council is also required under Clause 21 to give public notice of its decision in a local newspaper within 28 days after the decision is made.

 

102.  Clause 21 of the Environmental Planning and Assessment Regulation 2000 also requires that the council must not approve a draft development control plan (including an amending plan) containing provisions that apply to residential apartment development unless the council:

a.   has referred the provisions of the draft development control plan that relate to design quality to the design review panel (if any) constituted for the council’s local government area (or for 2 or more local government areas that include the council’s area), and

b.   has taken into consideration:

i. any comments made by the design review panel concerning those provisions, and

ii.        The matters specified in Parts 1 and 2 of the Apartment Design Guide.

 

103.  In this case, the Council’s DRP whilst not a mandatory DRP did consider the Kogarah North Urban Design Study on 23 June 2017. The DRP’s comments have been addressed in this report in Paragraphs 67 to 71 and have been included in the DCP amendment.

 

Delivering Design Excellence

104.  At the Councillor Workshop held on 20 November 2017 discussions centred on the delivery of design excellence for developments across the City – being buildings within our centres and higher density residential zones.

 

105.  Design excellence would incorporate elements in a  development that seeks to:

a.   Create harmonious, well balanced facades that are articulated and contains architectural detail;

b.   Create interesting and harmonious roof scapes and skylines;

c.   Responds to the orientation and context of the site; and

d.   Promotes a sense of place through creating a built form that maintains a human scale at street level and encourages a comfortable pedestrian environment.

 

106.  It is proposed that further research is undertaken on developing a range of incentives for delivering design excellence. Areas to be investigated could include height incentives and varying the procedures for calculating the monetary contributions under the Council’s VPA Policy.

 

107.  The outcomes of this work will be presented to Council for consideration early in 2018.

 

Next Steps

108.  A final copy of the draft development control plan is attached (Refer to Attachment 5 to 8).

 

109.  Subject to Council’s approval, it is anticipated that a notice will be placed in the St George Leader in December 2017 to become effective.

 

Financial Implications

110.  Within budget allocation.

 

Community Engagement

111.  Community engagement was conducted including:

a.   Letters were sent to all affected property owners within the Precinct and an advertisement appeared in the St George Leader on Wednesday 6 September 2017.

b.   In addition, the following was also undertaken:

i. Copies of the draft DCP and Kogarah North Urban Design Strategy were available for viewing in Council’s Customer Service Centres at Hurstville and Kogarah, including copies in Kogarah Library;

ii.        The documentation was available on Council’s website for the duration of the exhibition period; and

iii.       Council’s Coordinator – Strategic Planner was available for one-on-one appointments and answering enquiries related to the draft Urban Design Strategy and draft DCP.

 

File Reference

TRIM FILE: 17/2278 & 16/1801

 

 

 

ATTACHMENTS

Attachment View1

Council Report - Kogarah North Urban Design Strategy and Implementation - 1 May 2017

Attachment View2

Report to Council - Processing Variations to Height in Kogarah North - 7 August 2017

Attachment View3

Final Kogarah North Urban Design Strategy dated November 2017

Attachment View4

Summary of Submissions_Exhibition of Kogarah North DCP and Urban Design Strategy

Attachment View5

Part A - Introduction for Kogarah DCP - Kogarah North Amendment November 2017

Attachment View6

Part E - Table of Contents for  Town Centres - Kogarah DCP 2013 - draft Kogarah North Precinct Amendment

Attachment View7

Part E1 - Kogarah Town Centre - Kogarah DCP 2013 - Draft Kogarah North Precinct

Attachment View8

Part E4 - Kogarah Town Centre Precinct - Kogarah DCP 2013 - Draft Kogarah North Precinct Amendment

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 1]          Council Report - Kogarah North Urban Design Strategy and Implementation - 1 May 2017

 

 

Page 36

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 2]          Report to Council - Processing Variations to Height in Kogarah North - 7 August 2017

 

 

Page 58

 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 3]          Final Kogarah North Urban Design Strategy dated November 2017

 

 

Page 65

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 4]          Summary of Submissions_Exhibition of Kogarah North DCP and Urban Design Strategy

 

 

Page 117

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 5]          Part A - Introduction for Kogarah DCP - Kogarah North Amendment November 2017

 

 

Page 154

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 6]          Part E - Table of Contents for  Town Centres - Kogarah DCP 2013 - draft Kogarah North Precinct Amendment

 

 

Page 168

 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 7]          Part E1 - Kogarah Town Centre - Kogarah DCP 2013 - Draft Kogarah North Precinct

 

 

Page 172

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL229-17             Adoption of the Development Control Plan for the Kogarah North Precinct and the Kogarah North Urban Design Strategy 2017

[Appendix 8]          Part E4 - Kogarah Town Centre Precinct - Kogarah DCP 2013 - Draft Kogarah North Precinct Amendment

 

 

Page 312

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 360

Finance and Governance

Item:                   CCL230-17        Report of the Finance and Governance Committee - Meeting held on 13 November 2017 

Author:              Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

 

Recommendation:

That the Committee recommendations for items FIN371-17 to FIN385-17 (inclusive), detailed below, be adopted by Council in accordance with the delegations set out in the Terms of Reference for the Finance and Governance Standing Committee:

 

FIN371-17          Advice on Court Proceedings - October 2017

(Councillor Wu and Councillor Konjarski)

That the report ‘Advice on Court Proceedings – October 2017’ be received and noted.

Record of Voting:

For the Motion: Unanimous

 

FIN372-17 Investment Report as at 30 September 2017

(Councillor Wu and Councillor Liu)

That the Investment Report as at 30 September 2017 be received and noted.

Record of Voting:

For the Motion: Unanimous

 

FIN373-17          Audit, Risk and Improvement Committee Charter and Audit Charter

Councillor Tegg and Councillor Konjarski

That Council adopt the updated Audit, Risk and Improvement Committee Charter attached as Attachment 1 to the report.

Record of Voting:

For the Motion: Unanimous

 

FIN374-17 Tender for the Design and Construction of Riverwood Wetlands Restoration

(Councillor Symington and Councillor Liu)

(a) That Council accept the Tender from Total Earth Care, in the amount of $166,874, after having regard to all the circumstances, as the tender that appears to be the most advantageous and appoint Total Earth Care as the Principal Contractor under the Contract Number T17/014, subject to satisfactory outcome of the financial assessment.

(b) That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)  That Council officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

Record of Voting:

For the Motion: Unanimous

 

FIN375-17 Tender for the Construction of a Roundabout at Belmore Road and Clarendon Road, Peakhurst

(Councillor Konjarski and Councillor Wu)

(a) That Council accepts the Tender from KK Consultants Pty Ltd, in the amount of $156,420, after having regard to all the circumstances, as the tender that appears to be the most advantageous and appoint KK Consultants Pty Ltd as the Principal Contractor under the Contract Number T17/022 subject to satisfactory outcome of the financial assessment.

(b) That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)  That Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

Record of Voting:

For the Motion: Unanimous

 

FIN376-17  Tender for the Design and Construction of Drainage, Irrigation and Resurfacing of Harold Fraser Oval

(Councillor Konjarski and Councillor Symington)

(a) That Council accepts the Tender from Renworx Pty Ltd, in the amount of $669,695.74, after having regard to all the circumstances, as the tender that appears to be the most advantageous and appoint Renworx Pty Ltd as the Principal Contractor under the Contract Number T17/044 subject to satisfactory outcome of the financial assessment.

(b) That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

(c)  That Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

(d) That Council in addition to the allocated budget for the project allocates $75,000 for the Harold Fraser Oval practice cricket wickets from the Georges River Section 94A Contributions Plan and $375,000 for the Harold Fraser Oval embellishments works from the Kogarah Section 94 Contribution Plan No. 5 - Open Space 2007.

Record of Voting:

For the Motion: Unanimous

 

FIN377-17  Property Matter - Release and Extinguish Restrictive Covenant - 22 Stanley St Kogarah

Councillor Liu and Councillor Symington

(a) That Council release the Restrictive Covenant over land located at 22 Stanley Street, Kogarah described as Lots 64 and 65, Section B in Deposited Plan 1397.

(b) That the release and extinguishment of the Restrictive Covenant not be reliant on the submission of a Development Application for the site.

(c)  That delegation is given to the General Manager to execute the formal application and all other associated documentation on behalf of the Council, for the release and extinguishment of the Restrictive Covenant.

(d) That the applicant reimburse Council’s costs in the release and extinguishment of the Restrictive Covenant.

Record of Voting:

For the Motion: Unanimous

 

FIN378-17     Property Matter - Proposed Reclassification of Land at 4-6 Dora Street Hurstville

(Councillor Liu and Councillor Wu)

(a)     That Council, pursuant to Part 2 Division 1 Section 30 of the Local Government Act, 1993 reclassify Lots 13 and 14 in DP6510 located at 4-6 Dora Street, Hurstville from Community to Operational land.

(b)     That the General Manager be authorised to lodge a planning proposal and to execute all documentation to effect the reclassification of 4-6 Dora Street, Hurstville from Community to Operational.

Record of Voting:

For the Motion: Unanimous

 

FIN379-17     Property Matter - 6 Allen Street South Hurstville

(Councillor Konjarski and Councillor Liu)

(a) That the General Manager be delegated authority to renegotiate the terms of sale as generally detailed in this report and in accordance with the financial terms outlined in the attached confidential report to the former Kogarah City Council detailed 25 July 2015.

(b) That the Mayor and General Manager be authorised to execute all documentation relating to the disposal of 6 Allen Street, South Hurstville and under the common seal of Council if required.

(c)  That the General Manager continue to withhold Council’s consent as landowner to the development application described in this report unless and until the applicant reasonably satisfies Council in accordance with the terms of the existing Contract relating to this Property.

Record of Voting:

For the Motion: Unanimous

 

FIN381-17  Tender for Georges River Council Car Parking Strategy for Business Zoned Land

(Councillor Liu and Councillor Wu)

(a) That Council accepts the Tender from Parking and Traffic Consultants Pty Ltd, in the amount of $179,170 (Excl. GST), after having regard to all the circumstances, as the tender that appears to be the most suitable and appoint Parking and Traffic Consultants Pty Ltd as the Principal Consultant under the Contract Number T17/023.

(b) That the General Manager be authorised to sign the Contracts with the preferred Contractor on behalf of Council.

 

(c)  That Council Officers Inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

Record of Voting:

For the Motion: Unanimous

 

FIN382-17  Property Matter - Proposed Grant of Easement to Drain Water over 41D Kingsway, Kingsgrove

(Councillor Wu and Councillor Symington)

(a) That Council resolve to grant an Easement to Drain Water over Lot 47 Section 4 in DP 11417 (41D Kingsway, Kingsgrove).

(b) That the General Manager and Mayor be authorised to execute the s.88B Instrument or Transfer Granting Easement and all associated documentation to create the easement, under the Common Seal of the Council, if required.

(c)  That all costs associated with the granting of the easement be met by the applicant.

Record of Voting:

For the Motion: Unanimous

 

FIN383-17  Telecommunications Facility, Redin Place Reserve Connells Point

(Councillor Tegg and Councillor Konjarski)

(a) That the information contained in this report, including (confidential) legal advice be received and noted.

(b) That the Mayor write to the Carrier requesting removal of the facility and expressing disappointment at the process and manner in which the Carrier has installed the facility.

(c)  That the Mayor write to the Telecommunications Industry Ombudsman to seek confirmation as to whether this facility is classified as low impact.

Record of Voting:

For the Motion: Unanimous

 

FIN384-17  SOORT Increase

(Councillor Symington and Councillor Liu)

That the report be received and noted.

Record of Voting:

For the Motion: Unanimous

 

FIN385-17         Payroll Consolidation Project

(Councillor Konjarski and Councillor Wu)

That the report be received and noted.

Record of Voting:

For the Motion: Unanimous

 


 

Consideration of Confidential Items

FIN380-17: Property Matter – Proposed Rental Reduction for Beverley Park Golf Club

(Councillor Tegg and Councillor Konjarski)

(a) That a rent reduction of 50% for the golf course lease be granted to the Beverley Park Golf Club for the current financial year.

(b) That the rent reduction be conditional upon the re-establishment of the Steering Committee in accordance with the existing lease agreement.

(c)  That Council provides a briefing session in early 2018 for Councillors regarding the development of a sustainable business plan for the future of Beverley Park Golf Course.

Record of Voting:

For the Motion: Unanimous

 

File Reference

D17/206677

 

 

ATTACHMENTS

Attachment View1

Finance and Governance Standing Committee Minutes 13 November 2017

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL230-17             Report of the Finance and Governance Committee - Meeting held on 13 November 2017

[Appendix 1]          Finance and Governance Standing Committee Minutes 13 November 2017

 

 

Page 365

 


 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 372

Item:                   CCL231-17        Report of the Environment and Planning Committee - Meeting held on 13 November 2017 

Author:              Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 Recommendation

That the Committee recommendations for items ENV001-17 to ENV003-17 (inclusive), detailed below, be adopted by Council in accordance with the delegations set out in the Terms of Reference for the Environment and Planning Standing Committee:

 

ENV001-17       Economic Development Advisory Committee Expression of Interest for Members and Terms of Reference

(Councillor Agius and Councillor Kastanias)

(a)     That Council endorse the Expression of Interest selection process and Terms of Reference for the Economic Development Advisory Committee.

(b)     That Council seek Expressions of Interest from suitably qualified members of the community to participate in the Economic Development Advisory Committee.

(c)     That the Terms of Reference for the Economic Development Advisory Committee be approved.

(d)     That the General Manager write to previous members of the Economic Advisory Committee thanking them for their participation and advising them of the Expressions of Interest process for membership of the 2018 Committee.

(e)     That Councillor Katris and Councillor Agius (who are the alternate members of the Economic Development Advisory Committee) be appointed permanent members of the committee.

(f)      That Councillor Kastanias and Councillor Badalati be appointed permanent members of the committee.

(g)     That any Expressions of Interest received from organisations and associations also include a copy of their Annual Report or audited Financial Statements or equivalent.

Record of Voting:

For the Motion:  Unanimous

 

ENV002-17       Heritage Building Grants Program 2017-2018

(Councillor Badalati and Councillor Katris)

(a)     That the Heritage Building Grants Program 2017/18 offers be made to successful applicants as outlined in the table annexed to this report ‘Summary table of submissions and recommendations for Heritage Grant Funding 2017/18’.

(b)     That any unspent funds from the Heritage Building Grants Program and the Heritage Publication Grants Program be placed in a reserve to be allocated to the following year’s program.

 

Record of Voting:

For the Motion:  Unanimous

 

ENV003-17       Kempt Field Plan of Management - Community Consultation Outcomes and Finalisation

(Councillor Hindi and Councillor Kastanias)

(a)     That Council adopt the draft Kempt Field Plan of Management and endorse forwarding the Plan to the Office of Strategic Lands (Department of Planning and Environment) for approval.

(b)     That Council authorise the General Manager to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the Kempt Field Plan of Management and Masterplan.

(c)     That all individuals who provided a submission during the public exhibition of the Kempt Field Plan of Management be notified of Council’s decision.

Record of Voting:

For the Motion:  Unanimous

 

 

 

File Reference

D17/206675

 

 

 

ATTACHMENTS

Attachment View1

Environment and Planning Standing Committee Minutes 13 November 2017

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL231-17             Report of the Environment and Planning Committee - Meeting held on 13 November 2017

[Appendix 1]          Environment and Planning Standing Committee Minutes 13 November 2017

 

 

Page 374

 


 


 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 377

Item:                   CCL232-17        Report of the Assets and Infrastructure Committee - Meeting held on 13 November 2017 

Author:              Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

 

Recommendation

That the Committee recommendations for all items ASS001-17 to ASS002-17 (inclusive), detailed below, be adopted by Council in accordance with the delegations set out in the Terms of Reference for the Assets and Infrastructure Standing Committee:

 

ASS01-17          Georges River Traffic Advisory Committee Meetings - 17 October 2017 and 7 November 2017

(Councillor Elmir and Councillor Symington)

That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meetings held on 17 October 2017 and 7 November 2017 be adopted by Council.

Record of Voting:

For the Motion:         Unanimous

 

ASS02-17          Tooronga Terrace - Request for Contacts for CCTV and RMS feedback in regards to install "keep Clear" line marking

(Councillor Agius and Councillor Elmir)

a)   That Council remove the pedestrian crossing and undertake the associated safety works in accordance with the resolution of Council dated 3 July 2017.

b)   That Council request the RMS to increase the time and frequency of the pedestrian lights at the intersection of Tooronga Terrace and King Georges Road.

c)   That Council refer the following matters to the Traffic Committee for a thorough investigation and report back to a subsequent Council meeting:

1.   Installation of speed humps and traffic calming devices along Tooronga Terrace to slow down traffic;

2.   Improved and additional disabled parking places; and

3.   A dedicated drop off zone in the vicinity of the removed crossing.

Record of Voting:

For the Motion:  Councillors Agius, Elmir, Grekas, Konjarski, Payor and Tegg

Against the Motion:  Councillors Katris and Symington

File Reference

D17/206684

 

ATTACHMENTS

Attachment View1

Asset and Infrastructure Standing Committee Minutes 13 November 2017

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL232-17             Report of the Assets and Infrastructure Committee - Meeting held on 13 November 2017

[Appendix 1]          Asset and Infrastructure Standing Committee Minutes 13 November 2017

 

 

Page 378

 


 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 380

Item:                   CCL233-17        Report of the Community and Culture Committee - Meeting held on 13 November 2017 

Author:              Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 Recommendation

That the Committee recommendations for all items COM030 to COM039-17 (inclusive), detailed below, be adopted by Council in accordance with the delegations set out in the Terms of Reference for the Community and Culture Standing Committee:

 

COM030-17       Georges River Children's Services Strategic Plan 2017-2020 and Childcare Services Overview

(Councillor Hindi and Councillor Wu)

That the matter be deferred for consideration by Council at its meeting on 27 November 2017.

Record of Voting:

For the Motion: Unanimous

 

COM031-17       Georges River Telematch Night

(Councillor Hindi and Councillor Wu)

That Council provide in-kind sponsorship support of $2,056.56 for the annual Georges River Telematch Night Event at Kogarah Park on 25 November 2017, being held by the Buddha’s Light International Association (BLIA) Sydney, International Buddhist Association Australia (IBAA) - Nan Tien Buddhist Temple at Carlton.

Record of Voting:

For the Motion: Unanimous

 

COM032-17       St George Art Society Members' Annual Art Awards and Exhibition

(Councillor Hindi and Councillor Wu)

That Council note the financial sponsorship provided to the St George Art Society for its Members’ Annual Art Awards and Exhibition for the total value of $100 that was held at the Kogarah School of Arts on Friday evening 3 November 2017.

Record of Voting:

For the Motion: Unanimous

 

COM033-17       Oatley Combined Churches Carols in the Park

(Councillor Hindi and Councillor Wu)

That Council provide in-kind sponsorship to Mortdale – Oatley Baptist Church of $1,384 for its annual Oatley Combined Churches Carols in the Park to be held on Saturday evening 9 December 2017 at Oatley Memorial Gardens.

Record of Voting:

For the Motion: Unanimous

 


 

 

COM034-17       International Community Fellowship Inc - Hurstville City Carols

(Councillor Hindi and Councillor Wu)

That Council provide $600 financial and $3,046.56 in-kind sponsorship support to the International Community Fellowship Inc. to hold its annual Hurstville City Carols on Saturday 9 December 2017 at Woodville Park, Hurstville.

Record of Voting:

For the Motion: Unanimous

 

COM035-17       Salvation Army Hurstville Community Carols

(Councillor Hindi and Councillor Wu)

That Council provide $3,155.40 in-kind sponsorship support to the Salvation Army – Hurstville for its annual Hurstville City Carols on Community Carols on Sunday evening 10 December 2017 at Penshurst Park.

Record of Voting:

For the Motion: Unanimous

 

COM036-17       St George Local Area Command - Emergency Services Big Bash

Councillor Hindi and Councillor Wu

That Council provide financial sponsorship support of $2,000 and in-kind sponsorship support of $3,029.70 to the St George Local Area Command for its annual Emergency Services Big Bash, which will be held on Saturday 20 January 2017 at Gannons Park.

Record of Voting:

For the Motion: Unanimous

 

COM037-17       Potters House Christian Church Hurstville - Christmas Carols

(Councillor Hindi and Councillor Wu)

That Council provide $1,738.42 in-kind sponsorship support to the Potters House Christian Church Hurstville to hold its annual Christmas Carols on Saturday evening 23 December 2017 at Olds Park, Penshurst.

Record of Voting:

For the Motion: Unanimous

 

COM038-17       Community Development and Services Advisory Committee meeting minutes - 1 November 2017

(Councillor Wu and Councillor Hindi)

That Council adopt the recommendations contained within the Minutes of the Community Development and Services Advisory Committee meeting held on Wednesday 1 November 2017.

Record of Voting:

For the Motion: Unanimous

 


 

COM039-17       Major Events Advisory Committee Meeting Minutes - 1 November 2017

(Councillor Wu and Councillor Hindi)

That Council adopt the recommendations contained within the Minutes of the Major Events Advisory Committee meeting held on Wednesday 1 November 2017.

Record of Voting:

For the Motion: Unanimous

 

 

File Reference

D17/180398

 

 

 

ATTACHMENTS

Attachment View1

Community and Culture Standing Committee Meeting Minutes 13 November 2017

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL233-17             Report of the Community and Culture Committee - Meeting held on 13 November 2017

[Appendix 1]          Community and Culture Standing Committee Meeting Minutes 13 November 2017

 

 

Page 383

 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 387

Item:                   CCL234-17        Georges River Council Draft Annual Report 2016-17 

Author:              Corporate Support Officer

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

Recommendation

a)      That the Georges River Council Draft Annual Report 2016-2017 be approved and forwarded to the Minister of Local Government and an electronic version published on the Council Website.

b)      That the General Manager be delegated authority to undertake any necessary minor administrative or editorial changes to the Draft Annual Report 2016-2017. 

 

Executive Summary

1.      The NSW Local Government Act 1993 requires councils provide an Annual Report to its community by the 30 November and submit a copy to the Minister for Local Government.

2.      The Georges River Council Draft Annual Report 2016-2017 documents achievements for the year, including progress with implementation of initiatives, financial performance and other information that Council is required to disclose. The Draft Annual Report is submitted to Council for its approval.

Background

3.      The Georges River Council Draft Annual Report 2016-2017 has been completed to meet the statutory requirements and reporting responsibilities under section 428 of the Local Government Act 1993, the Local Government (General) Regulation 2005 and in compliance with various other legislation and reporting guidelines.  

 

4.      Under Section 428 Council is required to submit an Annual Report detailing its activities to the community and to the Minister for Local Government (via the Office of Local Government) by 30 November each year.

 

5.      Normally Council would be required to report progress against its 4 - year Delivery Program, though as a newly amalgamated Council the Delivery Program will not be in place until 30 June 2018.

 

6.      The Office of Local Government has advised Council to focus the Annual Report on reporting against its 2016-2017 Operational Plan and merger Implementation Plan, which contains the milestones and actions issued by the NSW Department of Premier and Cabinet and the approved funding for those actions.

 

7.      This inaugural Draft Annual Report 2016-2017 covers the period since proclamation (12 May 2016) to 30 June 2017 and provides information about the Georges River Area, the Community, Council operations, progress with the amalgamation, achievements, financial performance and various statutory details.

 

8.      The Draft Annual Report seeks to give readers an understanding of the Council’s performance across its many services during 2016-2017 and the significant effort put into making the Georges River Council a successful new local government entity.

 

9.      An electronic version will be submitted to the Minister for Local Government via the Office of Local Government and will be accessible to the community from the Georges River Council website.

 

Financial Implications

10.    No budget impact for this report.

 

File Reference

D17/204938

 

 

 

ATTACHMENTS

Attachment View1

Draft Georges River Council Annual Report 2016-17 - published in separate document

 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 389

Item:                   CCL237-17        Councillors submission to Office of Local Government on the draft Model Code of Conduct and associated Procedures 

Author:              Manager Governance and Risk

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation:

That Council’s submission on the draft Model Code of Conduct for Local Councils in NSW and associated Procedures (as provided under separate cover) be provided to the Office of Local Government.

 

Executive Summary

1.      The Office of Local Government (OLG) is consulting with councils and other stakeholders on proposed changes to the Model Code of Conduct for Local Councils in NSW (Model Code of Conduct) and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures).

Background

2.      As outlined in Circular No. 17-30 the OLG has prepared and issued consultation drafts of a revised Model Code of Conduct and Procedures, and is seeking the views of councils and other stakeholders on the proposed changes prior to finalising the new Model Code of Conduct and Procedures.

3.      The OLG has requested submissions be made before 4 December 2017.

4.      Councillors have requested the opportunity to provide a consolidated response to the OLG regarding the consultation drafts.

5.      Councillors were invited to attend a workshop facilitated by Lindsay Taylor Lawyers on 21 November 2017, to enable a consolidated response to be finalised. Dr. Lindsay Taylor provided a detailed presentation and circulated a handout covering the proposed changes to the Model Code of Conduct and Procedures.

6.      Due to publishing deadlines for the Council Business Paper, the consolidated submission will be published under separate cover prior to the Council Meeting.

 

Financial Implications

7.      No budget impact for this report.

Community Engagement

8.      Not applicable.

 

File Reference

D17/205137

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 390

Item:                   CCL236-17        Audited 2016/17 Financial Statements 

Author:              Coordinator Financial Reporting

Directorate:      Office of the Chief Operating Officer

Matter Type:     Finance and Governance

 

Recommendation

(a) That in accordance with Section 419 (1) of the Local Government Act 1993, the audited Financial Statements and the Auditors’ Report for 2016/2017 are hereby received and noted.

(b) That a report to Council be presented to a subsequent Council Meeting detailing any submissions received in respect of Council’s audited Financial Statements, if applicable.

 

Executive Summary

1.    To receive Council’s audited 2016/2017 Financial Statements in accordance with Section 419 (1) of the Local Government Act 1993.

 

Background

2.   At the Council meeting on 4 September 2017, Council referred its 2016/2017 General Purpose Financial Statements to Council’s External Auditors for audit. The Auditors' Report was subsequently received by Council and has been attached to the General Purpose Financial Statements in accordance with Section 417(1) of the Act.

 

3.   Council’s Audit and Risk Committee met on 30 October 2017 to review the 2016/17 Draft Financial Statements.

 

4.   The audited Financial Statements and a copy of the Auditors' Report are available for public inspection at Council’s Civic Centre and by viewing on Council’s website since 17 November 2017 and are now presented to Council in accordance with Section 419(1) of the Act.

 

5.   The Council is required to submit the Auditors' Report to a public meeting during the public exhibition period.  Submissions on the Auditors' Report or the audited Financial Statements will close on 5 December 2017.

 

6.   These are the first set of General Purpose Financial Statements and Special Schedules prepared for Georges River Council and cover the period from 13 May 2016 to 30 June 2017.

 

7.   The net operating result for the period is a surplus of $40.4 million and the net operating result before capital grants and contributions is a surplus of $22.9 million.  The operating result incorporates significant one-off income including $10 million New Council Implementation Fund; $10 million Stronger Communities Fund; $7.25 million gain on disposal of property and $7.5 million dividend from CDO litigation proceedings.

 

8.   As at the date of amalgamation, being 12/05/16, the former councils had combined Net Assets of $1.242 billion.  A requirement of the Australian Accounting Standards was to show the fair value of assets at the time of amalgamation.  As a result, Council has undertaken a comprehensive valuation process of its infrastructure, land and buildings assets which has resulted in an increase asset value of $81.578 million. 

The adjusted value of the Net assets transferred from former councils is $1.323 billion, which is shown in the Income Statement and is detailed in Note 29 of the general purpose reports.

 

9.   Council’s Cash and Investments totalled $173.9 million as at 30 June 2017.  This comprised of $77.7 million held in externally restricted reserves for services such as Domestic Waste and Developer Contributions, $83.6 million internally restricted and  balance of funds is unrestricted.

 

10. As at 30 June 2017 the Available Working Capital (Working funds) was $10.51 million; the estimated optimum level required to cover day to day operations has been calculated to be $9.67 million. This leaves a remaining balance of $0.846 million.

 

11. The table below is a summary of the financial results and key performance measures:-

 

Summary of 2016/17 Financial Results

 

Income Statement

$'000

Revenue

Rates and annual charges

90,606

Grants and Contributions

40,569

User Charges and Fees

15,039

Other Revenue

33,692

Total Income

179,906

Expenses

Employee Costs

60,050

Materials and Contracts

39,851

Depreciation

17,623

Other Expenses

21,965

Total Operating expenses

139,489

Net operating result for the period

40,417

Statement of Financial Position

Assets

Cash and Investments

173,921

Receivables

9,101

Other Assets

882

Infrastructure, Property, Plant & Equipment

1,228,107

Total Assets

1,412,011

Liabilities

Payables

18,700

Borrowings

2,625

Provisions

14,399

Total Liabilities

35,724

Net Assets

1,376,287

Key Performance Measures

Operating Performance Ratio

11.33%

Unrestricted Current Ratio

4.38:1

Debt Service Cover Ratio

45.95x

Rates & annual charges outstanding

2.66%

Infrastructure renewal ratio

116.27%

 

12.  A summary of the 2016/17 Annual Financial Statements was published in The Leader on 22 November 2017.

 

13.  The audited Financial Statements, which include the Auditors Report are attached.

 

Financial Implications

14.    No budget impact for this report.

 

Community Engagement

15.    Financial Statements on public exhibition and submissions on the financial statements will be received until 5 December 2017.

 

File Reference

17/659

 

 

 

ATTACHMENTS

Attachment View1

Annual Financial Statements YE 2016-17

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 393

 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 400

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 401

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 432

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 433

 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 446

 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 451

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 482

 


 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 485

 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 486

 


 


Georges River Council - Ordinary Meeting - Monday, 27 November 2017

CCL236-17             Audited 2016/17 Financial Statements

[Appendix 1]          Annual Financial Statements YE 2016-17

 

 

Page 488

 


 


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 490

Item:                   CCL237-17        Alternative Councillor Delegates for Southern Sydney Region of Council (SSROC)  

Author:              Program Coordinator

Directorate:      Transformation and Change

Matter Type:     Finance and Governance

 Recommendation

That Council determine two alternative Councillor Delegates to the Southern Sydney Region of Councils (SSROC) Committee in the event the Mayor and/or Deputy Mayor are unable to attend.

Executive Summary

1.      This report serves to confirm two alternative Councillor Delegates to attend the Southern Sydney Region of Councils (SSROC) Committee/Panel meetings in the event the Mayor and/or Deputy Mayor are unable to attend.

 

Background

2.      The appointment of Councillor Delegates to external committees is undertaken annually.

3.      Attached is an extract from the SSROC Constitution with regard to representation:

“4.   Representation

 i.     A member Council will be represented on the Organisation by two delegates.

ii.     A member Council shall annually appoint two persons representing the Council to the Organisation, one of whom should be the Mayor or the Administrator. Each such delegate may hold office until the appointment of his/her successor.

iii.    The office of delegate shall become vacant if the delegate:-

(a) ceases to hold office at his/her Council;

(b) resigns by letter addressed to the delegate’s Council;

(c) is absent from three consecutive meetings of the Organisation without having obtained leave of absence from the Organisation; or

(d) is replaced by his/her Council at any time.

iv.   Where the office of a delegate becomes vacant, the Council shall appoint another delegate.

v.     Where either delegate of a Council is unable to attend a meeting of the Organisation, the Council may be represented by another member of the Council duly appointed for the purpose of being an alternative delegate. Such other member may, during the absence of a delegate of his/her Council, act in his/her place and be subject to vacation of the position in the same way as the delegate.”

 

4.      Whilst the Mayor is required to be appointed as a delegate, the Deputy Mayor was also appointed as a delegate by Council at its meeting on 4 October 2017. It is now necessary for Council to nominate two alternate delegates to cater for any absences.

 

Financial Implications

5.      Within budget allocation.

File Reference

17/396

   


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 491

Assets and Infrastructure

Nil

Community and Culture

Nil

Precis of Correspondence

Nil


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 492

Notices of Motion

Item:          NM013-17          Notice of Motion 13: Georges River Independent Hearing and Assessment Panel (IHAP) - Community Members

Councillor:       Councillor Hindi 

 

MOTION:

 

(a) That the General Manager immediately commence the process for the recruitment and appointment of the community members for the Georges River IHAP to ensure that members are appointed prior to the 1 March 2018 commencement date for mandatory IHAPs in the Sydney metropolitan area.

 

(b) That the existing community members of the Georges River IHAP be thanked for their service to date and be invited to apply for membership of the new IHAP in 2018.

 

(c)  That the General Manager submit a report to Council in February 2018 detailing the recruitment process and recommendations for appointment of the community members.

 

 

 

 

File Reference

17/396

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 493

Item:          NM014-17 Notice of Motion 14: Frequency of Bus Services to Peakhurst, Riverwood and Mortdale Town Centres

Councillor:       Councillor Kastanias 

 

MOTION:

(a)       That Council officers consult with the relevant bus companies at the next Local Traffic Advisory Committee meeting regarding increasing the frequency of bus services in the Riverwood, Mortdale and Hurstville areas to improve services to those town centres, and report the outcome of the consultation to the next available meeting of Council.

 

(b)       That Council officers investigate ways to increase parking for patrons and visitors to the Riverwood, Mortdale and Hurstville town centres during the preparation of the Georges River Car Parking Strategy.

 

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 494

Item:          NM015-17          Notice of Motion 15: Preparation of a New (City-Wide) Local Environmental Plan for Georges River

Councillor:       Councillor Katris 

 

MOTION:

 

(a) That Council commence the preparation of a new Local Environmental Plan (LEP) for the Georges River local government area in early 2018.

 

(b) That the General Manager prepare a report detailing the proposed program for preparation of the LEP, including the necessary strategic studies, community consultation framework, timeframes and costs for preparation of the LEP.

 

(c)  That the General Manager investigate the scheduling of additional Councillor Workshop sessions during 2018 for the purposes of formulating the draft LEP.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 495

Item:          NM016-17          Notice of Motion 16: Preparation of a New (City-Wide) Transport Strategy for Georges River

Councillor:       Councillor Agius 

 

MOTION:

 

(a) That Council commence the preparation of a new city-wide Transport Strategy for the Georges River local government area in 2018.

 

(b) That the Transport Strategy address all modes of transport including public transport, private vehicles, freight movements, active transport (walking and cycling) and non-government transport services.

 

(c)  That the General Manager prepare a report detailing the proposed program for preparation of the Transport Strategy including the tender timeframe, background research, community consultation program, and costs for preparation of the Strategy.

 

(d) That funding for the commencement of the preparation of the Transport Strategy be considered as part of the Q3 quarterly budget reviews.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 496

Item:          NM017-17          Notice of Motion 17: Chivers Hill Centre Public Domain Upgrade

Councillor:       Councillor Hindi 

 

MOTION:

 

(a) That Council host a free community event at Chivers Hill shopping centre in December 2017 to celebrate the completion of the public domain works and launch the revitalisation of the shopping precinct.

 

(b) That Georgie the Dragon make a special appearance and the event include a range of Council and local retailer promotions and children’s activities to help celebrate the completion of the works within this vibrant shopping area.

 

 

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 497

Item:          NM018-17          Notice of Motion 18: Georges River School Zone Safety Program

Councillor:       Councillor Grekas 

 

MOTION:

 

(a) That Council introduce an annual School Zone Safety program for all primary and special schools located within the Georges River area in 2018, and high schools by request.

 

(b) That the program incorporate ongoing community engagement, including intensive engagement at the commencement of each school term with school Principals and staff, students, parents and carers to inform the community of the purpose, rules and regulations relating to school zones and the management of school drop-off/pick-up zones.

 

(c)  That the program include various components such as educational, community advertising/engagement, minor traffic works (where approved by the Local Traffic Committee) and enforcement components.

 

(d) That the General Manager be authorised to fund the full annual cost of the program (including any additional staffing costs) from the program’s enforcement revenue.

 

(e) That the General Manager provide a report detailing the progress, achievements and community response to the program following the first six months of operation.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 498

Item:          NM019-17          Notice of Motion 19: Construction of a Commuter and Local Car Park at Beverly Hills

Councillor:       Councillor Hindi 

 

MOTION:

(a)     That Council oppose the introduction of a 24 hour/7 day clearway along King Georges Road, Beverly Hills and the removal of 62 local on-street car parking spaces until such time as dedicated off-street parking spaces are constructed in the vicinity of the Beverly Hills shopping centre to benefit the NSW State Government’s Sydney Metro Sydenham to Bankstown train line upgrade, local residents and motorists; being a win/win for all concerned.

(b)     That Council write again to the State Member for Oatley, Mr Mark Coure and the Minister for Transport and Infrastructure, the Hon. Andrew Constance MP, offering to provide Council-owned land in Edgbaston Road (valued at $12 million) free of charge to the NSW government to facilitate the construction of a combined commuter/local car park to service train commuters and visitors to the local centre.

(c)     That Council write again to the State Member for Oatley, Mr Mark Coure, and to the Minister for Transport and Infrastructure, the Hon. Andrew Constance MP, requesting the NSW Government commit the balance of the required funding for the construction of a commuter/local car park on Council’s land at Edgbaston Road, Beverly Hills.

(d)     That Council write to the Federal Member for Banks, Mr David Coleman MP thanking him for obtaining $2.5 million in grant funding for the construction of a commuter car park at Beverly Hills and advise that Council continues to pursue the balance of the funding from the NSW government to construct the car park.

 

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 499

Item:          NM020-17          Notice of Motion 20: Preparation of Carss Park Sport and Recreation Precinct Masterplan

Councillor:       Councillor Agius 

 

MOTION:

 

(a) That Council officers commence preparation of a scoping brief for the development of a Precinct Masterplan and comprehensive Plan of Management for the Carss Park Sport and Recreation Precinct comprising Todd Park, Carss Bush Park, Kogarah War Memorial Pool, Carss Point Cottage and Carrs Park flats (sporting fields).

 

(b) That the scoping brief have regard to current Council strategic initiatives that are under development including the Sport and Recreation Strategy, the Aquatic Facilities Strategy and the Synthetic Surfaces Action Plan.

 

(c)  That funding for commencement of the preparation of the Precinct Masterplan be considered as part of the Q3 quarterly budget review process.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 500

Item:          NM021-17 Notice of Motion 21: Georges River Council Affordable Rental Housing Policy

Councillor:       Councillor Katris 

 

MOTION:

 

That the General Manager prepare a report for Council that provides information on:

(a)  The process that Council will need to follow to prepare an Affordable Rental Housing Policy for the Georges River Local Government Area taking into consideration the actions from the Draft Greater Sydney region Plan and the Revised Draft South District Plan.

(a) That Council commence the preparation of Affordable Rental Housing Policy and associated implementation plan for the Georges River Local Government Area taking into consideration the actions of the Draft Greater Sydney Region Plan and the Revised Draft South District Plan requiring the preparation of Affordable Rental Housing Target Schemes.

(b) That the Policy identify and assess the housing issues within the City and identify mechanisms to increase the supply of affordable housing for households on low to moderate incomes in housing stress.

(c)  That the outcomes of the strategic research and the resultant Policy provisions be implemented via Council’s planning framework (such as LEPs, DCPs, VPAs, Section 94 Contributions Plans, etc) to increase the supply of affordable rental housing in the city.

(d) That Council allocate funds as part of the 2018/2019 budget process to fund the cost of preparing the Policy.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 501

Item:          NM022-17          Notice of Motion 22: Asbestos Education Program

Councillor:       Councillor Tegg 

 

NOTICE OF MOTION

 

GEORGES RIVER COUNCIL ASBESTOS MANAGEMENT AND EDUCATION PROGRAM   (COUNCILLOR WARREN TEGG)

 

(a) That the General Manager prepare a report to Council on the introduction of an Asbestos Management and Education Program within the Local Government Area in early 2018.

 

(b) That the report include options for improving community awareness and strategies to improve the regulation, enforcement and coordination of asbestos handling across the various levels of Government and relevant agencies.

 

(c)  That the report identify potential sources of funding and timeframes for implementation of the Program during 2018.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 502

Item:          NM023-17          Notice of Motion 23: Investigation into the Installation of a Boom Gate in the Vicinity of Kogarah High School

Councillor:       Councillor Katris 

 

MOTION:

 

That the General Manager prepare a report to Council investigating the traffic implications and costs of installing boom gates in Gladstone Street, Kogarah to improve the safety of children crossing the road from Kogarah High School to their playing fields between 10am and 2pm on school days.  The gates would be similar to those successfully installed and operated in Neville Street, Oatley adjacent to Oatley Public School.

 

 

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Georges River Council – Ordinary Meeting -  Monday, 27 November 2017                                                                      Page 503

Item:          NM024-17 Notice of Motion 24: Blakehurst Area Traffic Study

Councillor:       Councillor Grekas 

 

MOTION:

 

(a) That Council conduct a comprehensive traffic study in the Blakehurst area, taking into account the cumulative effects of increased density along the Princes Highway as a result of the new Kogarah LEP and the NSW Roads and Maritime Services’ impending changes to traffic conditions in the vicinity of Stuart Street.

 

(b) That the traffic study examine current road network capacity (including existing entry/exit points), anticipated traffic movements with the increase in residents and cars, and suggested changes to improve traffic issues to pre-empt subsequent developments along the Princes Highway.

 

(c)  That the cost of the traffic study be included for consideration in the 2018-2019 budget process.

 

 

 

 

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