Finance and Governance Committee

Notice of Meeting

Monday, 08 October 2018

 

 

 

A meeting of the Finance and Governance Committee will be held at 6.00pm on Monday, 8 October 2018 in the Dragon Room, Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, Hurstville, for the consideration of the business available on Council’s website at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings

 

 

 

 

 

BUSINESS

1.      Apologies

2.      Disclosures of Interest

3.      Minutes of previous meetings

4.      Committee Reports

 


Finance and Governance Committee Meeting

Summary of Items

Monday, 08 October 2018

 

Previous Minutes

MINUTES: Finance and Governance - 10 September 2018

Committee Reports

FIN080-18         Exhibition Outcome - Georges River Use Of Public Land - Local Approvals Policy

(Report by Property Approvals Officer)....................................................................... 2

FIN081-18         Advice on Costs and Status of Council's Court Proceedings - September 2018

(Report by Director Legal Services and General Counsel).................................. 55

FIN082-18         Investment Report as at 31 Aug 2018

(Report by Financial  Accounting Officer)............................................................... 69

FIN083-18         Updated Fees and Charges for 2018/2019

(Report by Director Business and Corporate Services)........................................ 85

FIN084-18         Operational Changes Christmas Period 2018 - 2019 and Public Holidays 2019.

(Report by Executive Manager People and Culture)............................................. 95

FIN085-18         Property Matter - Sans Souci Bathers Pavilion

(Report by Head of Strategic Property).................................................................. 101   

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 2

Committee Reports

Item:                   FIN080-18          Exhibition Outcome - Georges River Use Of Public Land - Local Approvals Policy 

Author:              Property Approvals Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the draft Georges River Council, Use of Public Land – Local Approvals Policy, as amended and attached to this report, be adopted by Council.

 

 

Executive Summary

1.   The draft Georges River Council Use of Public Land – Local Approvals Policy has been publicly exhibited and is now ready for adoption.

 

2.   The proposed policy provides a framework through which Council can determine the suitability of groups and/or individuals to lawfully occupy Council owned and managed land, in an equitable manner and in accordance with relevant legislative requirements.

                                                        

3.   The Use of Public Land – Local Approvals Policy also provides a framework through which Council can make decisions relating to its public land assets using a systematic, transparent and informed approach.

Background

4.   On 23 July 2018, Council resolved the following via FIN057-18:

(a)       That the draft Use of Public Land – Local Approvals Policy be exhibited for a period of no less than 28 days.

(b)        That submissions received during the public exhibition period be reported to Council, together with recommended amendments for Council’s endorsement.

 

5.   The draft Policy was placed on public exhibition from 1 August to 29 August 2018.  As part of the exhibition process, the draft Policy was placed on Council’s web page with a public notification appearing in the St George Leader on 3rd August 2018.

6.   A copy of the draft Policy was also made available for review at all of Council’s public libraries and both the Customer Service Centres at Kogarah and Hurstville.

7.   During this period eight formal submissions were received.

 

8.   After the exhibition period closed one late submission was received.  This submission will be addressed via a separate process.

 

9.   Public submissions covered a range of topics including smoking in outdoor areas, footpath encroachments during weekends, clearance awareness to allow for safe travel, pedestrian safety, and a request for the “Outdoor dining footway trading” to be a standalone policy.

 

10. Where submissions contained return addresses, a response will be sent to individuals detailing how Council has or proposes to address the submission.

 

11. A summary of the submissions and issues raised are detailed in Table 1 below.

Table 1: Summary of Public Submissions

No

Date of Receipt

Type

Subject/s of

Submission

Summary of Issues Raised

1

7 August 2018

Email

Smoking ban within outdoor dining areas

·    Amendment request for policy to specifically exclude smoking in areas leased from council

2

10 August 2018

Email

Footpath encroachments during weekends

·    More weekend patrols for compliance issues

3

14 August 2018

Email

Pedestrian Clearance 

·    To allow clear passage for pedestrians including prams and mobility scooters 

4

14 August 2018

Email

Crossing request for Beverly Hills railway precinct

·    Not relevant to Policy 

5

 

15 August 2018

Email

Request for Compliance and additional patrols

·    Additional weekend patrols and compliance audits during weekends

6

 

15 August 2018

Email

Intention to close Carss Park Swimming Pool

·    Not relevant to Policy 

 

7

17 August 2018

Email

Internal comments

·    Relevant to many aspects within the Policy. (Due to the volume of the content, please refer to Attachment 1).

·    Business Use of Footway Guidelines booklet to be created

8

21 August 2018

Email

Pedestrian clearance

·    Pedestrians to have clear passage at all times and safe walking clearance

9

23 August 2018

Email

(late submission)

Various Suggestions

·    Outdoor dining footway trading to be a standalone policy.

·    Display of Goods to be a standalone policy.

·    Draft LAP document is confusing and comprehensive.

·    The adopted fees do not make it attractive for local business owners to enhance economic viability and to provide a more vibrant atmosphere for the customers/local community. 

12. Following the exhibition period and review of the submissions, Council’s draft Use of Public Land – Local Approvals Policy has been amended with the following items of particular note.

 

13. A response to submissions and proposed amendments to the Policy are contained in Table 2 below.

Table 2: Amendments to Policy

No

Subject/s of Submission

Response

1

Smoking ban within outdoor dining areas

Your concern has been noted, however, Council holds no jurisdiction as the relevant regulatory authority in relation to smoking in outdoor dining areas is NSW Health under the Smoke-free Environment Act 2000.

The policy has been amended to include general conditions prohibiting smoking in approved business use of footway areas.

2

Footpath encroachments during weekends

This has been noted. Implementation of new procedures between Premium Facilities and Properties and Environmental Compliance to ensure any compliance issues are addressed promptly.

3

Pedestrian Clearance 

This has been noted. The policy has been updated to more clearly define minimum footpath requirements and DDA compliance

4

Crossing request for Beverley Hills railway precinct

This is not relevant to the Policy; however, the concerns have been referred to Traffic for further investigation.

5

Request for Compliance and additional patrols

This has been noted. Implementation of new procedures between Premium Facilities and Properties and Environmental Compliance to ensure any compliance issues are addressed promptly.

6

Intention to close Carss Park Swimming Pool

This is not relevant to the Policy.

7

Internal comments

Agreed, the policy has been updated to clarify internal recommendation/suggestions as they are relevant to the Policy.

8

Pedestrian clearance

This has been noted. The policy has been updated to more clearly define minimum footpath requirements and DDA compliance

9

Various Suggestions

The suggestion of having standalone policies is noted, however, the current Draft Policy is to include all activities under Section 68. There will be an opportunity in future to review and separate individual policies as necessary.

The Policy has been amended accordingly to be more user friendly.

In relation to fees, this has been noted; however, no change to the adopted fees and charges will be made.

 

 

Financial Implications

14. No budget impact for this report.

 

Risk Implications

15. No risks identified.

 

Community Engagement

16. Community engagement was conducted including a 28 day statutory Public exhibition period with advertising on Councils website, district newspaper and social media.

 

 

File Reference

SF18/689

 

 

 

ATTACHMENTS

Attachment 1

DRAFT Use of Public Land - Local Approvals Policy

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN080-18              Exhibition Outcome - Georges River Use Of Public Land - Local Approvals Policy

[Appendix 1]          DRAFT Use of Public Land - Local Approvals Policy

 

 

Page 6

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN080-18              Exhibition Outcome - Georges River Use Of Public Land - Local Approvals Policy

[Appendix 1]          DRAFT Use of Public Land - Local Approvals Policy

 

 

Page 53

 


 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 55

Item:                   FIN081-18          Advice on Costs and Status of Council's Court Proceedings - September 2018 

Author:              Director Legal Services and General Counsel

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation

That the report, “Advice on Costs and Status of Council’s Court Proceedings – September 2018”, be received and noted.

 

Executive Summary

1.   Advice on Council’s Court proceedings for the period 28 August 2018 to 21 September 2018 is contained within this report.

2.   Total nett costs to date for the 2018/19 financial year for Court proceedings are $265,178.00.

3.   Total legal costs recovered to date for the 2018/19 financial year are $217,689.00.

Background

4.      The current Court Proceedings for the reporting period are broken down as follows:

Supreme Court

·        1 x Summons

Land and Environment Court

·        26 x Class 1 (Merit/DA)

·        3 x Class 4 proceedings (including 1 x Contempt of Court proceedings)

·        18 x Class 5 (Environmental Prosecutions) Summons’

Local Court

·        7 x Prosecutions

·        3 x Prosecutions (brought by NSW Police)

Cost Recovery

·        3 x cost recovery matters

New Matters

5.      Two new Class 1 appeal matters were received during the reporting period (Lateral Estate Pty Limited and Masri) and one new Class 4 matter was commenced (Owners of Strata Plan 63227). 

Finalised matters

6.      Two matters were finalised – (Palmerston Dragon No 1 Pty Limited and Van Lam).

 

Current Table

7.      The Court Proceedings current for the reporting period are set out below. The external costs include both external legal and expert consultants’ (Court witnesses’) fees.

 

 

 

No.

Property Address / Applicant / Proceedings Number

Description of Matter

Status / Critical Dates

Land and Environment Court Proceedings – Class 1 Appeals

1

11 Stanley Street & 28 – 36 Victoria Street, Kogarah

 

Applicant: No. 1 Victoria Dragons Pty Limited

Proceedings No. 217118 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA9/2017/110/1 for demolition of existing buildings and construction of a residential flat building comprising 96 residential dwellings over 3 levels of basement parking.

Matter not resolved at S34 Conference on 4 December 2017.   Matter listed for hearing on 24 & 25 October 2018.  External urban design, planning and traffic consultants briefed.

2

2 – 10 Palmerston Street, Kogarah

 

Applicant: Palmerston Dragon No. 1 Pty Limited

 

Proceedings No. 217105 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA9/2017/112/1 for demolition of existing buildings and construction of a residential flat building comprising 67 residential dwellings over 2 levels of basement parking.

Matter was listed for hearing on 20 & 21 September 2018.  External urban design, planning and traffic consultants briefed. S34 Agreement was entered into on 20 September 2018 following amended plans which are height and FSR compliant.  The Applicant to pay Council’s s8.15 (3) costs of $84,000.

3

58 and 60 Blackshaw Avenue, Mortdale

 

Applicant:

Marion McDowell and Associates

 

Proceedings No.

294745 of 2017

Class 1 Appeal against refusal of Building Certificate Application No. 149D2016/0038 lodged on 21 September 2016 and refused on 20 September 2017.

Matter listed for contested hearing on 2 March 2018.  Applicant ordered to carry out structural rectification works to the warehouse building, to pay $7,000 for contribution to storm water works and to obtain Sydney Water consent relative to the sewer assets prior to the Council issuing building information certificate. Structural certification and Sydney Water approval received. Only outstanding matters are the works required by the Sydney Water approval. The Applicant advised on 20 September 2018 that required works will occur shortly.  Council may issue building information certificate once relevant certification received and confirmation of payment of $7,000.

4

6 The Crescent, Kingsgrove

 

Applicant: One Funds Management Ltd ATF Kingsgrove Property Trust

 

Proceedings No. 2017/309712

 

Class 1 Appeal against actual refusal of DA2017/0151 for construction of new off-street entry to premises along Vanessa Street, Kingsgrove.

The matter was heard on 13 and 14 September 2018.  External traffic and counsel briefed.  Awaiting judgment.

5

2 – 10 Woniora Road, Hurstville

 

Applicant:

Stellar Hurstville Pty Limited

 

Proceedings No. 2017/370324

Class 1 Appeal against deemed refusal of DA262/2016 for demolition of existing buildings and ancillary structures and construction of a new mixed use commercial residential building comprising three basement levels containing car parking and storage, ground floor commercial and basement parking and 12 residential apartment levels containing 112 apartments.

 

Matter was not resolved at the S34 Conference on 15 June 2018 and has been set down for hearing on 11 – 13 February 2018.  External heritage, traffic and urban design expert retained. 

6

2 – 4 Gladstone Street & 10 Victor Street, Kogarah

 

Applicant: Vortex Property Group

 

Proceedings No. 2017/377046

Kogarah North Precinct

Class 1 appeal against Council’s deemed refusal of DA 2017/0519 for demolition of existing structures and construction of eleven (11) storey residential flat building containing thirty eight (38) units with basement car parking at 2 – 4 Gladstone Street and 10 Victor Street, Kogarah.

Matter was listed for S34 Conference on 11 July 2018 however was not resolved.  External traffic, heritage and urban design briefed.  Matter is listed for hearing on 4, 5 and 6 March 2018.

7

832 – 836 King Georges Road & 51 Connells Point Road, South Hurstville

 

Applicant:  Cash Warwick Pty Limited

 

Proceedings No. 2017/384934

Class 1 appeal against Council’s deemed refusal of modification application no. MOD2017/0169 seeking to modify development consent structures and construction of a part 5, part 7 storey residential flat building containing sixty seven (67) units to provide for internal reconfigurations and addition of a storey to building B at 832-836 King Georges Road and 51 Connells Point Road, South Hurstville.

 

Matter did not resolve at S34 conciliation and has been terminated with an amended proposal being considered.  Matter listed for a further directions hearing on 27 September 2018.

8

5 – 9 John Street, Kogarah Bay

 

Applicant: Touma Property Developments

Proceedings No. 2018/38420

Class 1 appeal against Council’s deemed refusal of DA 2017/0663 for demolition of existing structures and construction of a six storey residential flat building with 44 units with associated 2 levels of basement parking.

 

Matter was listed for S34 Conference on 30 July 2018.  Applicant has suggested changes to the proposal.  Section 34 process adjourned to 1 October 2018 for further directions.

9

80 Penshurst Street, Penshurst

 

Applicant: 80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust

 

Proceedings No. 2018/84104

Class 1 appeal against Council’s deemed refusal of Modification Application MOD2018/0007 to modify Development Consent 2016/0363 to add an additional unit on level 4, modifications that increase floor space to units on level 3, reduction of floor space for ground floor retail and addition of a substation.

 

Matter has been listed for hearing on 18 & 19 October 2018.  External planner and lawyer have been retained.

10

1 – 3 John Street, Kogarah Bay

 

Applicant: Al Abrahim

 

Proceedings No. 2018/114721

Class 1 appeal against deemed refusal to grant development consent to the Applicant for the demolition of existing structures and construction of a 7 storey residential flat building compromising 25 residential apartments and basement parking to

1 – 3 John Street, Kogarah Bay.

 

Matter listed for S34 Conference on 26 September 2018.

11

22 Vaudan Street, Kogarah Bay

 

Applicant: Nelson Architecture Pty Limited

 

Proceedings No. 2018/121980

Class 1 appeal against deemed refusal of Development Application DA2017/0571 for the demolition of existing house, driveways and parking areas at 22 Vaudan Street, Kogarah Bay.

Matter is listed for hearing on 8 & 9 November 2018.  Section 8.15(3) costs paid in the amount of $3,000.  Amended scheme submitted.

12

10 – 12 Mimosa Street, Oatley

 

Applicant: Ezra 1 Pty Limited

 

Proceedings No: 2018/140860

Class 1 appeal against deemed refusal of Development Application DA2018/0071 for demolition of existing structures and construction of basement car park and 8 attached units to be used as seniors living housing and other ancillary works.

 

Matter listed for S34 Conference on 17 October 2018.  External planner, traffic, acoustic and urban design consultants briefed.

13

313 – 323 Princes Highway, Carlton

 

Applicant: Carlton Investments No. 1 Pty Limited

 

Proceedings No: 2018/ 140963

Class 1 appeal against deemed refusal of DA2018/0102 for demolition of existing structures and construction of a part five (5) part six (6) storey mixed use development with three (3) levels of basement car parking.

Matter listed for S34 Conference on 27 November 2018.  External solicitor and planner have been retained.

14

71 – 97 Regent Street, Kogarah

 

Applicant: 95 Regent Street Kogarah Pty Limited

 

Proceedings No: 2018/140943

Kogarah North Precinct

Class 1 appeal against deemed refusal of DA2017/0438 for demolition of existing structures and construction of a part twelve (12) part thirteen (13) storey residential flat building development with three (3) levels of basement car parking.

Matter listed for S34 Conference on 16 November 2018.  External experts for planning, urban design and traffic have been retained.

15

12 John Street, Kogarah Bay

 

Applicant: CAAE Consulting Pty Limited

 

Proceedings No: 2018/168099

Class 1 appeal against deemed refusal of DA2017/0595 for demolition of existing structures and construction of attached 1 and 2 storey dual occupancy with pools to each dwelling and Torrens title subdivision.

 

Matter listed for s34AA hearing on 4 & 5 December 2018.

16

22 – 26 Montgomery Street, Kogarah

 

Applicant: Icon Consulting Group Pty Limited

 

Proceedings No: 2018/167910

Class 1 appeal against deemed refusal of Development Application DA2018/0138 for partial demolition of existing buildings, restoration of existing heritage listed terraces and construction of a 12 storey plus rooftop, mixed use development consisting of 27 residential units, commercial retail floor area and basement car parking.

 

Matter listed for S34 Conference on 3 December 2018.  External planner, heritage and urban design experts retained.

17

36 Bunyala Street, Blakehurst

Applicant: Lateral Estate Pty Limited

 

Proceedings No: 2018/201275

Class 1 appeal against deemed refusal of DA2017/0649 for the demolition of existing structures, tree removal, excavation, shoring, piling works and the construction of a residential flat development comprising 49 apartments, basement car parking and landscape works.

 

Matter has been listed for S34 Conference on 21 February 2019.

18

44 Mulga Road, Oatley

Applicant: Franco & Susan Lynette Bonamici

Proceedings No: 2018/208552

Class 1 appeal against order to remove unauthorised paving dated 8 June 2018.

Matter listed for S34 Conference on 11 January 2019.

19

2 – 4 Allen Street & 42 – 44 Connells Point Road, South Hurstville

 

Applicant:  C A Camperdown Pty Limited

 

Proceedings No: 2018/213640

Class 1 appeal against deemed refusal of DA2017/0421 for the construction of an 8 storey mixed use building containing 64 residential units & 2 retail/commercial tenancies and 4 levels of car parking.   DA includes part of Council land (public car park).

 

 

Matter listed for S34 Conference on 20 December 2018.

20

158 Connells Point Road, Connells Point

 

Applicant: Chung Kei Ng

 

Proceedings No: 2018/223668

Class 1 appeal against LPP refusal of DA2017/0286 for alterations and additions to a dwelling, construction of a new building to rear and change of use into a child care centre.

 

Matter listed for S34 Conference on 24 January 2019.

21

7 Wharf Road, Kogarah Bay

 

Applicant: Rod Zoabi T/A ZTA Architects

 

Proceedings No: 2018/234703

Class 1 appeal against refusal of DA2017/0024 for demolition of existing structures and construction of three storey attached dual occupancy premises with swimming pools and outbuildings and subdivision of land.

Matter listed for s34AA Conciliation Conference on 13 & 14 March 2019.

22

70 Kyle Parade, Kyle Bay

 

Applicant: Marilyn Kidd

 

Proceedings No: 2018/214451

Class 1 Appeal against deemed refusal of DA2017/0625 for subdivision into 2 allotments and demolition of carport structure.

Matter is listed for S34 Conference on 13 November 2018.

23

279 – 281 Belmore Road, Riverwood

 

Applicant: Riverwood Development Company Pty Limited

 

Proceedings No: 2018/244694

 

Class 1 appeal for refusal of DA2016/0219 for demolition of existing structures and construction of a mixed use development.

Matter is listed for S34 Conference on 4 March 2019.

24

44 Caloola Crescent, Beverly Hills

 

Applicant: Oscar Picciau & Xianyong Zhang

 

Proceedings No: 2018/246713

 

Class 1 Appeal against refusal of DA2018/0081 for demolition of existing buildings and construction of a new two storey dual occupancy including outbuildings, front fences and swimming pools.

Matter is listed for S34 Conference on 7 & 8 March 2019.

25

32 – 38 Montgomery Street, Kogarah

 

Applicant:  Lateral Estate Pty Limited

 

Proceedings No: 2018/260971

Class 1 Appeal against deemed refusal of DA2018/0139 for the demolition of existing structures and construction of a 12/13 storey mixed use development comprising a residential flat building with 74 apartments over ground floor retail, basement car parking and landscaping.

 

Matter listed for S34 Conference on 12 December 2018.

26

10 Renn Street, Kogarah Bay

 

Applicant: Zeina Masri

 

Proceedings No: 2018/281447

 

Class 1 Appeal against deemed refusal of DA2017/0662 for the construction of a two storey dwelling house with a basement pool, front fence and cabana.

Matter listed for first directions hearing on 5 October 2018.

Land and Environment Court Proceedings – Class 4 Proceedings

1

977 Forest Road, Lugarno

 

Parties: The Congregational Christian Church in Samoa, Parish of Sydney Incorporated and Taeipo Malifa

 

 

Proceedings No. 2018/23816

 

Proceedings commenced against Respondents for a declaration that the First and Second Respondents have each breached the Protection of the Environment Operations Act 1997 by failing to comply with prevention notices given to each of them under section 96 of that Act by Council.

 

Mediation on 2 occasions has failed to resolve noise issues.  Matter listed for further directions on 5 October 2018. Council’s evidence filed.

2

34 Milsop & 47 Jersey Avenue, Mortdale

 

Parties: Robert Stojanovski &

Steven Stojanovski

Proceedings No. 2018/99739

 

Proceedings commenced for unauthorised erection of structures and slabs, including habitation of structure at the premises.

Matter listed for hearing on 21 August 2018.  Justice Pepper handed down judgment ex tempore and made orders for demolition of unauthorised building within 28 days.  Contempt proceedings to be commenced.

3

39 – 41 Park Road, Hurstville

Parties: Owners of 63227

Proceedings No. 2018/282459

 

 

Proceedings commenced for non- compliance with fire safety orders.

Matter listed for first directions hearing on 19 October 2018.

Land and Environment Court Proceedings – Class 5 Proceedings

1

111 Gungah Bay Road, Oatley

 

Parties: W K Strong Pty Limited

Proceedings No: 2018/227315, 2018/227316, 2018/227317, 2018/227361, 2018/227362 and 2018/227363.

 

Parties: Nader Haidar

Proceedings No: 2018/227331, 2018/227332, 2018/227333, 2018/227377, 2018/227378 and 2018/227379.

 

Parties: Khaled Awada

Proceedings No: 2018/227336, 2018/227337, 2018/227338, 2018/227399, 2018/227400 and 2018/227401.

 

Class 5 appeals in relation to lopping and injuring trees and development not in accordance with development consent at 111 Gungah Bay Road, Oatley.

 

Matter listed for directions on 5 October 2018.  Council’s evidence in chief filed.

Local Court Proceedings

1

8 Kimberley Road, Hurstville

Parties:

Petre Dimovski

Prosecution for unlawful tree removal.

Guilty plea entered.  A conviction was recorded, defendant has agreed to pay $10,000 prosecutor’s costs.  Judgment to be handed down by Magistrate Bartley on 5 December 2018.

 

2

7 Isaac Street, Peakhurst

Parties:

Christina King

Prosecution for no PCA signage erection and site fence down on ground.

 

Matter is listed on 24 September 2018 for hearing.

3

6 Loch Maree Crescent, Connells Point

Parties:

Mende Dimovski

Prosecution for 2 offences of development without consent involving failure to display sign and storage of building materials on public road.

 

Defendant pleaded not guilty.  Matter fixed for hearing on 26 September 2018.

4

10 Tasker Avenue, Peakhurst

Parties:

Steve Krimizis

Police prosecution for making threats to and intimidation of Council’s environmental health officer and customer service officer. 

 

Matter has been adjourned to 2 October 2018.  Council has a watching brief only.

5

24 Ballantyne Road, Mortdale

Parties:

Gavin McLennan

Prosecution for development without consent – no sign erected showing PCA.

 

Matter listed for hearing on 19 October 2018.

6

47 Croydon Road, Hurstville

Parties:

Van Lam

Police prosecution for failure to comply with requirements of authorised officers under s40 of the Food Act, 2003.

Matter was heard on 30 August 2018.  The Court ordered that Van Lam pay $900 for failure to comply with requirements of authorised officer – s40 Food Act 2003, pay $800 for resisting arrest and surrender himself to Police for finger printing.

7

Parties: Mr Xie

Police prosecution for an assault on Council’s parking officer.

Matter has been listed for hearing on 13 December 2018.  Council has a watching brief only. 

 

8

20 Torrens Street, Blakehurst

Parties: Danny Noumeir

Prosecution for offences of development without consent involving non-compliant signage, non- compliant sediment and erosion controls, required documentation not being supplied to Council and a possible pollution incident with materials being tracked off the site.

Matter listed for hearing on 20 November 2018.

9

50 Queens Road, Connells Point

 

Parties: SAF Developments Pty Limited

Offences of development without consent involving unauthorised road closures, materials being stored on the road reserve area, defective/non-compliant sediment and erosion controls , defective non- compliant signage, defective tree protection facilities and allowing materials to enter the storm water system.

 

Matter listed for second mention on 2 October 2018.

10

46 Terry Street, Blakehurst

 

Parties: Austyle Projects Pty Limited

 

Prosecution for offences of development without consent involving unauthorised road closures, materials being stored on the road/footpath reserve area and non- compliant signage.

 

Matter listed for hearing on 31 October 2018.

Supreme Court

1

220 – 226 Princes Highway, Kogarah Bay.

 

Parties:

Nikolaos & Marianna Sykalos

Proceedings No.

2018/215935

 

Supreme Court appeal seeking transfer of ownership of public car park on corner of Princes Highway and Park Road to the plaintiffs as adjoining land owners allegedly pursuant to an historic Deed.

Matter listed for further directions hearing on 30 October 2018. 

Costs Recovery

1

37 Boronia Street

KYLE BAY

 

Parties:

Mrs Megan McOnie

 

Proceedings No.

40940 of 2015

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

Court Orders in support of Council’s Notices/Orders made including costs.  Pool safety works to be completed and Mortgagee to sell property.  Council will seek to recover outstanding rates and costs upon sale.  Awaiting further advice from Mortgagee in possession.

2

977 Forest Road, Lugarno

 

Applicant: Congregational Christian Church Samoa Parish of Sydney

 

Proceedings No: 103967 of 2017

Class 1 Appeal against refusal of DA2015/0443 for a child care centre.

Council successful in obtaining costs order for $1,200 following applicant’s application being out of time.  Costs recovery action being undertaken as payment has not been made, following refusal by the Church and Rev Malifa to pay.  Matter sent for external debt recovery.  Debtor has been given extension of time by Council until 19 September 2018 to pay the outstanding amount.  Follow up action to commence immediately if the debt is not paid in full.

 

3

70 – 78 Regent Street, Kogarah

 

Applicant: Regent Land Pty Limited ATF Regent Land Unit Trust

 

Proceedings No. 215083 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA 2017/111 for the demolition of existing buildings over eight lots (5 properties), amalgamation of the lots and development of an 11 storey residential flat building with 127 apartments and 145 car parking spaces.

 

Appeal upheld with amended plans for 104 apartments on 24 July 2018.  Council awarded costs – currently preparing calculation of costs thrown away.

8.      Costs to date are as follows:

 

Type

Amount

Class 1 Appeals – Consultants for Court Proceedings

$129,413.00

Class 1 Appeals – Planning DA External Lawyers

$107,504.00

Class 2 Appeals

$0

Class 3 Appeals

$0

Class 4 Appeals

$2,049.00

Class 5 Appeals

$4,950.00

Local Court Prosecutions/Enforcements

$18,582.00

Supreme Court Proceedings

$2,680.00

Industrial Relations Commission (IRC)

$0

Total

$265,178.00

 

Financial Implications

9.      Within budget allocation.

 

Risk Implications

10.    No risks identified.

 

File Reference

17/1831

 

 

 

  


Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 68

Item:                   FIN082-18          Investment Report as at 31 Aug 2018 

Author:              Financial  Accounting Officer

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation

That Council receive and note the contents of the Investment Report as at 31 August 2018.

 

Executive Summary

1.      This report details Council’s performance of its investment portfolio as at 31 August 2018 and compares it against key benchmarks. Note that year-end reconciliations are currently being finalised and if there are any changes to the information contained in this report as a result of the reconciliations, they will be highlighted to Council in the 2017/18 General Purpose Financial Statements report.

2.      This report also includes the estimated market valuation of Council’s investment portfolio, loan liabilities and an update on Council’s legal action against various parties.

3.      Council’s annualised rate of return is 2.84%, which is 0.99% above benchmark. Income    from interest on investments totals $832k which is in line with 2018/19 year-to-date adopted budget.

Background

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

Investment Performance Commentary

5.      Council’s performance against the benchmark for returns of its investment portfolio for August 2018, are as follows:

 

 

1 Month

3 Month

12 Month

Portfolio Performance

0.25%

0.71%

2.84%

Performance Index

0.17%

0.51%

1.85%

Excess

0.08%

0.20%

0.99%

Notes:                                                      

a)      Portfolio performance is the rate of return of the portfolio over the specified period.

b)      The Performance Index is the rate of return of the market (comparable securities) over the specified period.                                    

c)      Excess performance is the rate of return of the portfolio in excess of the Performance Index.

 

 

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

Security Type

Market Value $000's

% Total Value

Cash at Bank

18,318

9.19%

11am Cash

 1,002

0.50%

31 Day Notice Account

 22

0.01%

Flexi Deposit (Fix/Float)

 6,000

3.01%

Floating Rate Deposit

 5,000

2.51%

Floating Rate Note

 63,986

32.09%

Floating Rate TCD

 3,512

1.76%

Term Deposit

 95,542

47.92%

Managed Funds Trust

 5,989

3.00%

Total Cash and Investments

 199,371

100.00%

 

7.      At the end of July 2018, Total Cash and Investments were $173.87M and have increased by $25.5M at end of August 2018 principally due to rates revenue in the month of August.

 

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

 

Legal Issues

 

9.      Nil.

 

Loan Liability

 

10.    Council’s loan liability as at 31 July was $2.125m which represents the balance of a $5m 10 year loan drawn down on 16 November 2012 for Jubilee Park upgrade in Mortdale. Next repayment of $125k is due 28 September 2018.

 

The outstanding balance on this facility is at a variable interest of 194 basis points over three month BBSW. At the current three month BBSW rate, the interest rate payable is 3.89% pa.

 

11.    Council receives a 4% p.a. subsidy under the NSW Government’s Local Infrastructure Renewal Scheme funding agreement for this Jubilee Park upgrade facility. It is intended to continue this financially-advantageous arrangement through to full term in 2022.

 

Policy Limits

 

12.       The following graph below shows the limits, as a percentage of total cash investments, of the amount by periods, as allowed under Council’s policy, and comparing them to the amounts actually invested, as a percentage of the total cash investments.       It shows that the funds invested are within the limits set in the Investment Policy.

 

Investment Income

13.    Income from interest on investments to 31 August 2018 is estimated at $832k, which is in line with 2018/19 year-to-date adopted budget.

Certificate by Director Business and Corporate Services (Responsible Accounting Officer):                          David Tuxford

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

Analysis of Investments

Investment Duration

Investment Term

Market Value ‘000

% Total Value

Policy Limits

0 to < Year

 88,113

44.20%

100%

1 to < 3 Years

 80,479

40.37%

70%

3 to < 5 Years

 30,779

15.44%

50%

Portfolio Total

199,371

100.00%

 

 

15.    Council’s portfolio is liquid, with 44.20% of assets maturing within 12 months. FRNs, funds and fixed bonds also provide additional liquidity in an emergency.

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

 

Type of Investments

17.    Council’s investment portfolio is mainly directed to fixed term deposits, which account for approximately 51% of total investments. Yields have steadily contracted, while tracking bond market volatility in the short term.

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

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

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

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

c)      A Fixed Term Deposit is a debt security issued by a company with a fixed interest rate over the term of the deposit.

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

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

 

 

Credit Rating

20.    Credit ratings are generally a statement as to an institution’s credit quality. Ratings ranging from A1+ to NR (Short Term) & AAA to NR (long term) are considered investment grade.

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

Short-term

A1+:           the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

A1:             Adequate capacity to meet financial commitments, many positive investments attributes but also elements susceptible to adverse effects of changes in economic conditions.

A2:             Adequate capacity to meet financial commitments, but also speculative or lack of protection against changes of economic conditions.

B1:             Moderate characteristic capacity to meet financial commitments, also in good economic conditions.

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

Long-term

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

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

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

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

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

21.    The credit quality of Council’s portfolio is relatively high with approximately 72% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

22.    The remaining 28% rated ‘BBB’ or ‘unrated’ reflects the deposit and FRN investments with the regional and unrated ADIs.

Council’s Investment Powers

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

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

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

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

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

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

·        Local Government Act 1993 - Section 625

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

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

·        Local Government (Financial Management) Regulation 1993

·        Investment Guidelines issued by the Department of Local Government

 

Financial Implications

9.      Within budget allocation.

 

File Reference

D18/213506

 

 

 

ATTACHMENTS

Attachment 1

Investment Portfolio as at 31 August 2018

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN082-18              Investment Report as at 31 Aug 2018

[Appendix 1]          Investment Portfolio as at 31 August 2018

 

 

Page 75

 


 


 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 84

Item:                   FIN083-18          Updated Fees and Charges for 2018/2019 

Author:              Director Business and Corporate Services

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation

(a)     That the proposed changes to the 2018/19 Fees and Charges Schedule, as contained in Attachment 1,  be placed on public exhibition for a period of not less than 28 days in accordance with sections 610F(3) and 705 of the Local Government Act 1993(Act).

(b)     That Council receive a further report following the closure of the public exhibition period which will consider any submissions received during the period of public exhibition for adoption of the proposed changes as per section 610F(1) of the Act.

 

 

Executive Summary

1.   Each year as part of the annual budget process, a schedule of fees and charges are adopted by Council, which can be reviewed during the year provided that Council gives public notice of the fees that are being reviewed, in accordance with Sections 610F(3) and 705 of the Act.

 

2.   A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice (Section 610F(1) of the Act).

 

Background

3.   It has been determined that several fees and notations need to be included in Council’s current adopted Fees and Charges Schedule for 2018/19 financial year. These include the following:

i.    A notation under Food Premises Fee to exclude Registered Charities and Not for Profit School Canteens (P&C run) from being charged the fee.

ii.   Adding Peakhurst Park and Poulton Park to additional Synthetic Fields locations.

iii.  Adding Penshurst Park Indoor Cricket Centre.

iv.  An additional Hoarding category for Council owned land.

v.   An additional category where Council is appointed as a replacement Principal Certifier.

vi.  An additional category for Outside of Standard Hours Work Permit application fees.

vii. An additional category for Swimming Pool desk top audit; an amendment to the fee for an application for exemption under Clause 22 of the Swimming Pools Act and a notation under the Swimming Pool Audit Inspection.

 

4.       Attached to this report is a list of the proposed changes to Council’s current adopted    2018/19 Fees and Charges Schedule.  

 

Financial Implications

5.      Additional income will be received as a result of the proposed changes, which will be monitored as part of Council’s quarterly budget review process. Any major variations will be reported to Council as a part of this process.

 

 

Risk Implications

6.      No risks identified as a result of these recommended changes.

 

Community Engagement

7.   Community engagement will be conducted via public notice being given of the proposed changes to Council’s adopted 2018/19 Fees and Charges Schedule inviting public submissions to be received and considered during an exhibition period of not less than 28 days in accordance with Section 610F(1) of the Act.

 

File Reference

D18/216011

 

 

 

ATTACHMENTS

Attachment 1

Proposed Changes to 2018-19 Fees and Charges Schedule - Sep 2018

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN083-18              Updated Fees and Charges for 2018/2019

[Appendix 1]          Proposed Changes to 2018-19 Fees and Charges Schedule - Sep 2018

 

 

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Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 94

Item:                   FIN084-18          Operational Changes Christmas Period 2018 - 2019 and Public Holidays 2019. 

Author:              Executive Manager People and Culture

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation

(a) That the information pertaining to the operational hours for Council services and facilities over the Christmas/New Year holiday period, as detailed in the Attachment 1, which will provide an appropriate level of service to the Georges River community during the 2018/2019 festive period, be received and noted.

(b) That the information pertaining to the opening of Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019, be received and noted.

 

(c)  That suitable notification is provided to the community of the operational hours for Council services and facilities during the 2018/2019 festive period as well as operational hours for the opening of Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019.

 

Executive Summary

1.      Attachment 1 to this report outlines proposed staffing levels for the Christmas/New Year holiday period which will ensure that an appropriate level of service to the Georges River community is maintained during this period.

 

2.      Additionally, details have been included of a proposed expansion of Library Services in response to a successful trial opening on the June Public Holiday.  

Background

3.      Traditionally Council has maintained appropriate staffing levels to meet the community’s needs over the Christmas/New Year holiday period, particularly in the city works, waste areas and regulatory services.

4.      Many service areas have customised hours of work at this time; those services include areas such as libraries, customer service, childcare centres and outdoor operations.

5.      Attached to this report is a detailed list of the proposed operational hours for Council services and facilities, which provide an appropriate level of service to the Georges River community during the 2018/2019 festive period.

6.      In addition to the proposed operational hours for Council services and facilities during the 2018/2019 festive period, Council also has the opportunity to enhance its library customer experience by opening Hurstville and Kogarah Libraries on nominated Public Holidays during 2019.

7.      After a successful  trial opening on the June Public Holiday in 2018, Library Services proposes an expansion of the trial by opening Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019.

 

 

Financial Implications

8.      Within budget allocation.

Risk Implications

9.      No risks have been identified as a result of this report. However, Council’s on-call staff and after hours service will be available over the Christmas/New Year holiday period for after-hours calls or emergencies.

Community Engagement

10. Council will provided suitable notification to the community of the operational hours for Council services and facilities during the 2018/2019 festive period as well as operational hours for the opening of Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019 through its web site; local newspapers and appropriate signage at all of its service centres.

11. In regard to community notification provisions for development applications over the Christmas period these will be detailed within the Neighbour Notification and Advertising of Development Applications section of the relevant development control plans. The provisions indicate that:

 

·    A period of 14 calendar days will be allowed for persons to inspect an application and make a submission;

·    To account for the holiday period associated with Christmas and New Year, from the 15 December to the 15 January the following year, the period to inspect an application and make a submission will be extended to 21 calendar days, excluding public holidays.

·    Applications for places of public worship along with developments considered to be contentious (such as child care, seniors living, school facilities and other development proposals) that are received between the 15 November and the 2 January are to be notified as soon as possible and the exhibition period will be extended for a minimum 28 days after 15 January.

Council is to note similar provisions will be followed in the event that a planning proposal is to be notified during this holiday period.

 

File Reference

D18/188896

 

 

 

ATTACHMENTS

Attachment 1

Hours of Operation Christmas Period 2018/2019

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN084-18              Operational Changes Christmas Period 2018 - 2019 and Public Holidays 2019.

[Appendix 1]          Hours of Operation Christmas Period 2018/2019

 

 

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Georges River Council – Finance and Governance Committee Meeting -  Monday, 8 October 2018                         Page 100

Item:                   FIN085-18          Property Matter - Sans Souci Bathers Pavilion 

Author:              Head of Strategic Property

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation

That the report Property Matter – Sans Souci Bathers Pavilion be received and noted.

 

Executive Summary

1.      Further to Notice of Motion NM007-18 dated 26 March, 2018 the following report is submitted to Council in order to provide an update in relation to current heritage, demolition and legal issues concerning the Sans Souci Bathers Pavilion.

Background

2.      On 26 March, 2018 Council unanimously resolved the following:

(a)     That, having regard to the report from Cardno Engineering dated February 2018 regarding the structural inadequacy of the San Souci Bathers Pavilion (the Cardno Report), Council not proceed with its December 2017 resolution to publicly tender for restoration and a 21 year lease of the building, pending the actions detailed below;

(b)     That the General Manager make the Cardno Report available to Crown Lands forthwith;

(c)     That the General Manager urgently obtain a heritage assessment from a qualified heritage architect in relation to the condition and significance of the building. The report is to advise as to whether it is viable to restore the building; or if the building is to be demolished to make recommendations about how the significance of the building can be otherwise retained;

(d)     That, taking into account the findings of the Cardno Report and the heritage report, the General Manager urgently liaise with NSW Department of Industry, Lands and Forestry (Crown Lands) in relation to:

i.        amending the Plan of Management,

ii.       obtaining owners consent for a development application to demolish and/or redevelop the site, and

iii.      the requirements for the Crown consent to a new lease;

(e)    That Council delegate to the General Manager the authority to take any necessary steps (including demolition of the building) to ensure that public safety can be maintained at the site.  The General Manager shall take into consideration the findings of the heritage architect’s assessment prior to taking any action; and

(f)      That a report be prepared for Council’s consideration as to the options for the future leasing of the site, having regard to the findings of the Cardno Report, the heritage report and the outcome of discussions with Crown Land.

 

3.      In accordance with (C) above, Council engaged the services of Weir Phillips to undertake a heritage assessment of the pavilion in order to determine the heritage significance of the building. 

4.      The report concluded that Sans Souci Park is considered to meet the NSW Heritage Office threshold for listing a heritage item. The park is currently gazetted under Schedule 5, Part 1 of the Kogarah Local Environmental Plan 2012 as an item of heritage significance. However, the Bathers Pavilion is not considered to warrant individual listing on Schedule 5, Part 1 of the Kogarah Local Environmental Plan 2012.

 

5.      The report further considered that the deteriorated physical condition, loss of context and failure to purposefully adaptively re-use the pavilion, has resulted in the pavilion detracting from the heritage significance of the Sans Souci Park.  A copy of the draft assessment is annexed to this report as Attachment 1.

 

6.      The report recommended that the following management actions be undertaken at Sans Souci Park to ensure that the heritage significance of park is maintained:

 

Ø amend Schedule 5, Part 1 of the Kogarah Local Environmental Plan 2012 to remove reference to the bathers pavilion from the listing for item I155.

Ø update the State Heritage Inventory sheet to accurately record the significance of the Sans Souci Park.

Ø undertake a Masterplan to update the area and ensure that public access can be reinstated.

Ø undertake an interpretation strategy to ensure that the historical significance of the Sans Souci Park can be readily understood by future users.

Ø consider demolition of the pavilion and replacement with a fit for purpose structure designed to fulfil the future needs of the site.

 

7.      On 26 June, 2018 Council arranged for an independent “peer review” of the Weir Phillips Heritage Assessment to be undertaken by consultant heritage architect, Mr James Stephany.  The consultant concurred with the Weir Phillips assessment that the building is in a poor state of repair and that conservation of the building is financially prohibitive, although there are differences in opinion in regard to the historical significance of the building.  A copy of the James Stephany report is annexed as Attachment 2.

Current Position

8.        Council engineers recently undertook a preliminary structural assessment of the pavilion in anticipation of demolition.  It was noted during this inspection, that the building was in an extremely poor state of repair and presented a potential risk to the public following the discovery of severe concrete cancer throughout the structure. 

 

9.        The assessment further revealed that the foundations of the building are presently providing structural support to the adjacent roadway (Water Street).  There is concern that should the building structure be demolished, the integrity of the road will be compromised and without extensive engineering support works, the road could partially subside.  A further investigation will be undertaken in order to ascertain detailed costings in relation to demolition and the necessary remedial road stabilisation works.

 

10.     Further to the confidential Council report CON026-17 (Attachment 3), an update is provided in relation to the current legal position concerning this property, details of which can be found in confidential Attachment 4 to this report.

 

Financial Implications

11.    No allowance has been made for legal expenses in the Premium Facilities and Properties operational budget.

 

Risk Implications

12.    As detailed in earlier reports, there is significant concern in relation to the structural integrity of the building.  In order to mitigate the risk to the public, a barrier fence was erected to prevent public access.  Further structural investigation is required in order to understand the full risks associated with the anticipated roadway subsidence that may occur upon demolition of the building.  It is recommended that no demolition works be commenced until such time as further engineering analysis, in relation to the possible subsidence of the roadway, is undertaken.

Community Engagement

13.    Due to the introduction of the new Crown Lands Management Act, 2016, a new Plan of Management will be established for Sans Souci Park in due course. Community engagement will be undertaken as part of the new Plan of Management process.

 

File Reference

17/253

 

 

 

ATTACHMENTS

Attachment 1

Sans Souci Bathers Pavillion Heritage Assessment

Attachment 2

Sans Souci Baths Heritage Assessment Review

Attachment 3

Confidential Report CON026-17 (Confidential)

Attachment 4

Attachment 4 (Confidential)

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN085-18              Property Matter - Sans Souci Bathers Pavilion

[Appendix 1]          Sans Souci Bathers Pavillion Heritage Assessment

 

 

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Georges River Council - Finance and Governance Committee Meeting - Monday, 8 October 2018

FIN085-18              Property Matter - Sans Souci Bathers Pavilion

[Appendix 2]          Sans Souci Baths Heritage Assessment Review

 

 

Page 142