Agenda


Environment and Planning Committee

 

Monday, 12 November 2018

7.00pm

 

Dragon Room

Georges River Civic Centre

Level 1, corner Dora and MacMahon Streets

Hurstville

 

 

 

 


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 2

 

          Environment and Planning

ORDER OF BUSINESS

 

1.      Acknowledgement of Country

2.      Apologies

3.      Disclosures of Interest

4.      Public Addresses to the Meeting

5.      Confirmation of Minutes of Previous Meeting

MINUTES: Environment and Planning - 08 October 2018  

6.      Committee Reports

ENV039-18       Heritage Building Grants Program 2018-2019

(Report by Strategic Planner)....................................................................................... 3

ENV040-18       Container Deposit Scheme (CDS) Resource Sharing Agreement

(Report by Manager Environment Health & Regulatory Services)..................... 27

ENV041-18       Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville

(Report by Executive Strategic Planner).................................................................. 31

ENV042-18       Georges River Local Planning Panel Operational Procedures

(Report by Manager Development and Building)................................................ 109

ENV043-18       Summary of Development Applications Lodged and Determined - July - September 2018

(Report by Manager Development and Building)................................................ 116

ENV044-18       Establishment of a Trial Program - Smoke Free Zones in Georges River Local Government Area

(Report by Manager Environment Health & Regulatory Services)................... 122  

 

 


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 4

Committee Reports

Item:                   ENV039-18        Heritage Building Grants Program 2018-2019 

Author:              Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That the Heritage Building Grants Program 2018/19 offers be made to successful applicants as outlined in Attachment 1 of this report – ‘Summary table of submissions and recommendations for Heritage Grant Funding 2018/19’.

(b)     That the General Manager allocate within the Quarterly Budget Review, $4,087 from savings identified in the Environment and Planning Directorate for a one-off payment to the Heritage Building Grants Program to increase the overall amount of funds available to this program for the current financial year.

 

 

Executive Summary

1.      The purpose of this report is to seek endorsement of recommendations for the allocation of grant funding under the Georges River Heritage Building Grants program 2018/19. Twenty seven applications were received and 17 applications are recommended for grant funding with a total amount of $54,807.

2.      Council allocated $50,000.00 in the Strategic Planning Budget’s Cost Centre 2556 for the heritage grants program in 2018/19.

3.      There are two options available to Council:

a.      Option 1: A grant amount of $10,000 is recommended for No. 84 Woronora Parade, Oatley. The proposed works include structural repairs to existing original terracotta tiled roof and new tiles. Council’s Heritage Advisor has indicated that the project is worthy of the maximum individual grant amount of $10,000 because of its contribution to the streetscape. The alternative is to reduce the grant amount to $5000.00 which then brings the overall grant amount to $50,000.

b.      Option 2: Council vote the extra funds of $4,807. As a one off, the funds can be covered by the Strategic Planning Budget Cost Centre 2500 – 62404 (consultancies as a one off).

4.      The recommended Option is Option 2.

 

Background

5.      The Heritage Building Grants program aims to encourage the retention and maintenance of properties that have heritage significance, and promote and celebrate our community’s local heritage. Under the program, owners and agents of heritage listed buildings in Hurstville LEP 1994, Hurstville LEP 2012 and Kogarah LEP 2012, are eligible for financial assistance for specific restoration or conservation works on their property. Generally these works are limited to small conservation projects or extraordinary maintenance requirements.

6.      Grants may range from $100 to a maximum of $10,000 and funding is provided on a dollar for dollar basis up to a maximum of 50% of the project value.

7.      Council endorsed the allocation of $50,000 for the Heritage Building Grants program 2018/19 for the Georges River LGA.

 

Criteria and process for assessment of Heritage Building Grants

8.      Attachment 1 contains the assessment criteria that were followed in assessing the Heritage Building Grant Applications received. This information is made publicly available to all owners of heritage listed buildings.

9.      The purpose of the fund is to assist in the promotion and protection of heritage items in the Georges River LGA.  Only items listed as a heritage item in the Kogarah Local Environmental Plan 2012 or Hurstville Local Environmental Plan 2012, or Hurstville Local Environmental Plan 1994 are eligible for grants. 

10.    The works supported are generally limited to small conservation projects or extraordinary maintenance requirements.  Where works are supported, Council will fund up to 50% of the cost of a project.  The following are examples of the range of previous projects that were supported under the program:

a.      Removal of paintwork to reveal original sandstone.

b.      Repointing of brickwork.

c.       Restorative work to windows.

d.      Reconstruction of original elements.

e.      External painting in traditional colour schemes.

f.       Repair of tessellated floor tiles.

g.      Reinstatement of traditional fencing.

11.    In assessing applications priority is given to those projects that:

a.      Result in sympathetic repairs to original fabric of the building, e.g. repair of walls, verandahs, windows or roof plumbing etc;

b.      Reinstate original architectural features, e.g. reconstruction of timber frame windows;

c.       Lead to streetscape improvements, e.g. reconstruction of front fences in a style appropriate for the architectural style of the building;

d.      Enhance public amenity and are highly visible to the public, e.g. the replacement of a front verandah;

e.      Are for projects which have high public accessibility, e.g. a local museum or church;

f.       Meet other major strategic objectives and complement broader conservation objectives, e.g. projects which implement key findings of heritage studies or projects; and

g.      Have been undertaken by a non-profit organisation, e.g. community group or church.

12.    Projects typically funded include:

a.      External painting and building repairs.

b.      Replacement and repair of front fences.

c.       Landscaping work of heritage or conservation value.

d.      Building work that ensures public safety and prevents structural failure or damage to the heritage fabric.

13.    Projects not typically funded are:

a.      Repairs to non-original fabric or additions.

b.      Internal alterations or new internal fittings for kitchens or bathrooms.

c.       Interior decorating.

d.      New buildings and external additions.

e.      Routine maintenance, example lawn mowing, gutter cleaning, or carpet cleaning

f.       The purchase of equipment.

g.      Floodlighting of heritage buildings.

h.      Property owned or controlled by any government body authority.

i.        Property owners receiving State and Federal heritage assistance will generally not be eligible to apply for funding. There may be a case for funding for items on the State Heritage Register where the owner has funding difficulties and where a grant will assist in conserving an important item.

14.    Once the application is received the Council’s Heritage Advisor and a Council Officer inspect the building/site to ensure that the application is correctly stated (complete and clarity of the information available), is in accordance with the assessment criteria and whether or not any conditions should be imposed upon the successful funding.

15.    Applications are prioritised to ensure that those with the most merit can be approved. Applications that do not satisfy the criteria will not be approved.

 

Heritage Building Grants

16.    Letters inviting applications for grant funding were sent to the owners of all heritage listed properties on 11 July 2018. Submissions were requested to be made in writing, providing a detailed outline of the proposed work, quotations, photos and sketches, if warranted. Applications were to be made by 17 August 2018. Applicants were advised that works must be completed by the end of the financial year.

17.    A total of 27 applications were received.

18.    A summary table outlining the proposed works, indicative costs and recommendations of Council’s Heritage Advisor and Strategic Planner is provided in Attachment 2 of this report – ‘Summary table of submissions and recommendations for Heritage Grant Funding 2018/19’.

19.    Seventeen projects are supported and recommended for grant funding. The supported projects total $54,807 which is slightly more than the budget allocation of $50,000.

20.    The applications recommended for grant funding this year largely relate to external painting, roof and window repairs and tuck-pointing original face brick/ sandstone.

21.    Ten (10) applications are not recommended for grant funding. Two (2) of these applications were incomplete as no quotes were provided and could not be processed. The remaining applications did not satisfy the assessment criteria in the Georges River Council Heritage Building Grant Funding Guidelines 2018-19. The unsuccessful applications generally involve routine maintenance, do not propose sympathetic repairs to original fabric, or do not reflect best heritage practice principles.

22.    As stated above, in assessing the applications, priority were given to those projects that:

a.      Result in sympathetic repairs to the original fabric of the building, such as reconstruction of timber framed windows, original roof and verandah;

b.      Lead to streetscape improvements, such as reconstruction of front fences in a style appropriate for the architectural style of the building;

c.       Conserve the heritage significance of the item; and

d.      Visible and appreciated from the public domain.

23.    Council’s Heritage Advisor has also advised in relation to the assessment of the applications:

a.      First, the proposed conservation work must be to original fabric or elements. Second, where replacement or reinstatement of fabric or elements are proposed, it must be to reconstruct known original fabric or elements such as a front boundary fence to a cottage. Third, priority is given to proposed works which are highly visible from the streetscape (this helps promote Council’s commitment to heritage management in the LGA). Fourth, proposed works to churches, museums, Scouts Halls and other heritage places which attract the public again and promotes heritage within the LGA.

b.      Submissions which are rejected typically are proposing work to fabric or elements which are not original.

c.       Regarding the different dollar amounts: Following a site visit to all properties, the Heritage Advisor begins by ranking the projects using the assessment criteria, and placing preliminary dollar amounts to same. Often there simply is not enough grant money available to fund all worthy projects, so the funds are spread around. For large submissions over say $20,000, we try and target specific grant money for specific items in the submission.

 

Next Steps

24.    It is recommended that Heritage Building Grant funding be offered as outlined in Attachment 2 of this report – ‘Summary table of submissions and recommendations for Heritage Grant Funding 2018/19’. In summary the awardees are as follows:

 

Address

Summary of proposed works

Amount of funding recommended

16 Patrick Street, Hurstville

 

‘Federation House’

 

 

Paint exterior of dwelling house.

 

$2,800.00

 

34 Park Road, Carlton

 

‘St Cuthbert’s Anglican Church’

 

External fencing, repointing of mortar and repairs to sandstone wall and steps to church.

$1,210.00

6 Carysfort Street, Hurstville

 

‘House and garden, “Maroo”’

Roof, downpipe, floor tile, timber floor repairs, paint external cabling, replace sash cords and spiral balances.

 

$6,200.00

 

281 Forest Road, Hurstville

 

‘Shops’

 

Repair and maintenance of commercial building, including stabilising facade, restore original parapet feature, repair soffit and roof sheet.

$1000.00

 

236 Forest Road, Hurstville

 

‘Rendered façade of building’

Repair and maintenance of commercial building, including window lintels, stabilising brick facade, mortar courses, and re-render facade.

 

$1000.00

307 Forest Road, Hurstville

 

‘Rendered façade of building’

Replace material shop awning with new monopanel.

 

$2,500.00

 

84 Woronora Parade, Oatley

 

‘Yengarie’

Structural repairs to roof and replace with new tiles.

 

$10,000.00

(Maximum grant)

 

55 Cambridge Street, Penshurst

 

‘Federation House’

 

Repair timber windows, leadlight windows and paint.

 

$2,723.00

645 King Georges Road, Penshurst

 

(also known as 2 Carrington Street, Penshurst)

 

‘St John the Evangelist’s Anglican Church’

 

 

Two applications received for retrospective work - replacement of 3 broken windows of church building and paint all external windows.

 

 

$4,000.00

17 Kensington Street, Kogarah

 

‘Former Kogarah Presbyterian Church and Hall’ known as 12-16 Derby Street, Kogarah

Repair render on window sill and back door, and install bird spikes on roof.

 

 

$750.00

1/11 Denman Street, Hurstville

 

‘House and garden, “Oxley”’

 

Repoint and tuck point front facade.

$3182.00

55 Penshurst Street, Penshurst

 

‘Former St Joseph’s Convent’

 

First floor verandah repairs (Stage 1).

 

$5,089.00

52 English Street, Kogarah

 

‘House and garden’

Repair original slate roof.

$1,235.00

116 Durham Street, Hurstville

 

‘Hurstville Scout Hall’

 

Repoint brickwork to original condition.

 

$2,600.00.

45-47 Dora Street, Hurstville

 

‘Semi-detached Victorian terraces’

Repair roof and guttering, front doorway, front render and front fence. External painting.

 

$2,916.00

1 Derwent Street, South Hurstville

 

‘House and garden, “Pine Villa”’

 

Repoint the brickwork and sandstone foundations along the front facade.

 

$2,602.00

1A Kensington Street, Kogarah

 

‘Former Sixth Church of Christ Scientist – Grace Chinese Church’

Repair window frames, and repair and replace external brick walls, downpipes, gutter, eaves, sewage vent pipe and timber fascia boards. Repaint windows, awnings, doors, eaves, sewage vent pipe and timber fascia boards.

$5,000.00

 

 

25.    The successful applicants will be notified by mail and the funding offer package will include a covering letter, standard conditions and any project specific conditions or design changes required prior to commencement of work.

26.    Unsuccessful applicants will be notified by mail and informed about other future funding opportunities.

 

Financial Implications

27.    This financial year (2018/19) there is $50,000 available for the Heritage Building Grants program.

28.    Seventeen projects are supported and recommended for grant funding. The supported projects total $54,807 which is more than the budget allocation of $50,000.

29.    A grant amount of $10,000 is recommended for No. 84 Woronora Parade, Oatley. The proposed works include structural repairs to existing original terracotta tiled roof and new tiles. Council’s Heritage Advisor has indicated that the project is worthy of the maximum individual grant amount of $10,000 because of its contribution to the streetscape. The alternative is to reduce the grant amount to $5,000 which then brings the overall grant amount to $50,000.

30.    There are two options available to Council to cover the supported projects totalling $54,807:

a.      Option 1: A grant amount of $10,000 is recommended for No. 84 Woronora Parade, Oatley. The proposed works include structural repairs to existing original terracotta tiled roof and new tiles. Council’s Heritage Advisor has indicated that the project is worthy of the maximum individual grant amount of $10,000 because of its contribution to the streetscape. The alternative is to reduce the grant amount to $5000.00 which then brings the overall grant amount to $50,000.

b.      Option 2: Council vote the extra funds of $4,807. As a one off the funds can be covered by the Strategic Planning Budget Cost Centre 2500 – 62404 (consultancies as a one-off solution).

31.    The recommended Option is Option 2.

32.    Successful applicants will have until the end of this financial year to complete their projects and submit their paid invoices to Council to organise reimbursement of grant funds.

Risk Implications

33.    No risks identified.

Community Engagement

34.    Owners of all heritage listed properties were invited to submit an application for the Heritage Building Grants program 2018/19 via a letter and on Council’s website.

File Reference

18/1498

 

 

 

ATTACHMENTS

Attachment 1

Assessment Criteria for Local Heritage Building Grant Funding 2018/19

Attachment 2

Summary Table of Submissions and Recommendations for Heritage Grant Funding 2018/19

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV039-18             Heritage Building Grants Program 2018-2019

[Appendix 1]          Assessment Criteria for Local Heritage Building Grant Funding 2018/19

 

 

Page 11

 


 


 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV039-18             Heritage Building Grants Program 2018-2019

[Appendix 2]          Summary Table of Submissions and Recommendations for Heritage Grant Funding 2018/19

 

 

Page 14

 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 27

Item:                   ENV040-18        Container Deposit Scheme (CDS) Resource Sharing Agreement 

Author:              Manager Environment Health & Regulatory Services

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That Council authorise the General Manager to sign the Refund Sharing Agreement with Suez Recycling and Recovery Pty Ltd on behalf of Council.

 

(b)     That Council notify the Environment Protection Authority when the Refund Sharing Agreement is signed.

 

 

 

Executive Summary

1.      The legislation that introduced the Container Deposit Scheme (CDS) provided the opportunity for local councils to enter into a Refund Sharing Agreement (RSA) with their domestic recycling processing contractor (Material Recovery Facility) to receive a portion of the container deposit refund from eligible containers collected via Council’s domestic waste collection service.

 

2.      This report provides an update on the progress of the Deposit Scheme including the approach taken in developing Council’s draft RSA.

 

3.      It is recommended that Council enter into a 50/50 split of the Container Deposit Scheme refund with the Material Recovery Facility (MRF) operator under Council’s domestic recycling processing contract, Suez Recycling and Recovery Pty Ltd.  It is further recommended the Council provide the General Manager authority to sign the agreement on behalf of Council and furnish a copy of the agreement to the NSW Environment Protection Authority (EPA).

 

Background

4.      The EPA introduced the CDS on 1 December 2017.  One of the key reasons for the commencement of the scheme was the results of litter research conducted by the EPA showed that 86% of people think litter is an important issue facing NSW.  Drink containers make up 44% of the volume of all litter in New South Wales.

 

5.      The Premiers goal is to reduce by 40% the volume of litter in NSW by 2020.The EPA has called the Container Deposit Scheme “Return and Earn”.  Eligible containers under this scheme are empty 150mL to 3L drink containers.  The containers need to be uncrushed and have a barcode which can be scanned by a reverse vending machine. From the commencement of the scheme, any eligible container presented at a CDS Collection Point will receive a 10c refund and any eligible container processed by a MRF through Council’s kerbside recycling can also receive a 10c/container refund once a RSA is completed, as discussed later in this report.


 

 

6.      The scheme is run by a scheme coordinator, (Exchange for Change) who is responsible for financial management of the scheme and a network operator (TOMRA Cleanaway) who is responsible for the set up and running the network of collection points.  The most common collection points include over the counter collection points and reverse vending machines.  At the reverse vending machines money can be refunded to a Pay Pal Account, donated to a charity or a Woolworths voucher.

 

7.      There are currently two Reverse Vending Machines and eight over the counter collection points located within the Local Government Area (LGA).  Both reverse vending machines, are well utilised. One of the reverse vending machines is located on private property at Grandviews Bowling and Recreation Club Ltd, Peakhurst while the other is located at Todd Park, Blakehurst.  In the first ten months of the scheme over 810 million containers have been returned to return points over NSW and drink container litters has dropped by 113 since November 2017.

 

8.      Council is in the process of setting up a Return and Earn Collection point in the Council Civic Centre Kitchens.  All monies from containers collected through this collection will be donated to the charities nominated on the reverse vending machine.

 

Kerbside Recycling

 

9.      Eligible containers can also be processed through Council’s kerbside collection as part of the Return and Earn scheme. Clause 18 of the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation, 2017 outlines arrangements for the allocation of refund amounts arising from kerbside recycling.  Under this legislation the refund value must be shared between MRF operators and councils. MRF operators will have 12 months from the 1st of December 2017 to negotiate a ‘refund sharing agreement’ with their council clients, to the satisfaction of the council.

 

10.    The process proposed as part of the agreement would involve:

·        Eligible containers separated from the main recycling stream by the MRF operator Suez.

·        A refund is provided on the eligible containers.

·        Suez deducts their cost for undertaking this process.

·        Suez provides Council with 50% of the balance.  Council would reinvest the funds into its recycling programs.

 

11.    Without agreement of the council, MRF operators will not be able to claim a refund on eligible containers from kerbside collections processed through their MRF onwards from the 1st anniversary of the Scheme. Council is currently working with SSROC and the Office of Local Government and is receiving legal advice from Redenbach Lee Lawyers who have prepared a draft Agreement. 

 

12.    To assist in this, the Government has commissioned the Centre for International Economics (CIE) and Anne Prince Consulting (APC) to examine the impact of the Scheme on the business economics of MRFs. They have also assessed various revenue sharing arrangements along with wider viability issues currently affecting the recycling industry.

 

13.    Key findings from CIE and APC include:

·        A high proportion of eligible household containers in NSW are anticipated to still be processed through kerbside recycling. This is a potentially significant revenue stream for councils and MRFs.

 

·        The direct cost of CDS compliance on MRFs is very low (around 5% of CDS kerbside revenue).

 

·        Eligible containers are worth more from the CDS than their current commodity value.

 

·        It is estimated that the additional revenue stream from eligible containers through kerbside recycling could be worth around $100 million per annum for councils and MRFs across NSW. In terms of the revenue per input tonne, it is estimated that the number of eligible containers per tonne of inputs into the MRF will be at least 1500 to 2000, implying an available refund of $150 to $200 per input tonne.

 

·        A proportion of CDS revenue may assist councils in their negotiations with MRFs to address broader MRF and recycling viability issues, instead of higher gate fees.

 

14.    Council currently collects approximately 12,000 tonnes of recyclables per annum.  Using the conservative figure from the above, that there are 1500 containers per tonne of recyclables delivered to the MRF, Council could potentially receive the following income through the CDS.

 

Tonnes

Number of containers per tonne

Total number of containers collected through kerbside clean up per annum

Total CDS Revenue

Removal of 10% for MRF Administration and compliance

50% split with the MRF operator (Suez)

12,000

1500

18 Million containers

$1.8M

$1.62M

$810,000 per annum

 

15.    All indications from the MRF operator, (Suez) visual inspections and information from anecdotal research suggests that the amount of actual containers in Councils yellow lid bin is a lot less than estimated through the studies by CIE and APC.  Therefore, an income figure of $810,000 would be an upper limiting amount for Council to expect from the CDS scheme. 

 

16.    Whilst an independent bin audit of the composition or Councils recycling services is currently being finalised, information to date would suggest that the number of eligible containers within the yellow lid recycling bin has dropped by approximately 40%.  This would decrease Councils revenue to $486,000 per annum.  Regardless of the quantum or the refund received all income from the Agreement will go towards off-setting the cost of Council’s recycling service.

 

17.    Council has engaged Redenbach Lee Solicitors to assist with the drafting of Councils RSA.  Staff from this firm, were instrumental in drafting Councils current Waste and Recycling Collection contract, whereby Council currently does not own the recycling material.  This has assisted Council as the price of the recycling product has dropped significantly in recent months, the financial risk of this therefore is currently with Councils collection contractor Suez.

 

18.    Based on legal advice and the standard being used by other Councils, Council has opted in its draft Refund Sharing Agreement, to split the CDS revenue with the MRF operator, (Suez) 50/50, after all administrative and compliance costs are removed.  This will provide Council with a fair and reasonable deal and provide the best outcome for Council regardless of how the number of eligible containers fluctuate over time.

 

19.    This agreement will be in place from 1 December 2018 until the expiry of Councils collection contract in February 2023.  A new arrangement will need to be re-negotiated as part of the new contract.

 

Conclusion

 

20.    Council will continue to monitor the amount of containers present in our yellow lid bin as a monitoring mechanism as part of the Refund Sharing Agreement and promote the Return and Earn scheme for residents to receive their 10c rebate directly.  These actions will ensure that residents benefit from the scheme either directly through returning their own containers or indirectly by using Council’s recycling service through the rebate to offset the Domestic Waste Management Charge.

 

21.    Council’s solicitors are currently finalising the Refund Sharing Agreement with Suez on a 50/50 share and it is recommended that once finalised the General Manager be given authority to sign the Agreement on behalf of Council.  Once signed a copy of the Agreement will be sent to the EPA.

 

Financial Implications

22.    The income received from this Agreement will be used to offset the cost of Council’s recycling service and ultimately reduce the Domestic Waste Management charge for residential premises.

 

Risk Implications

23.    No risks identified.

 

Community Engagement

24.    Not applicable

 

File Reference

17/1831, D18/234029

 

 

 

  


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 31

Item:                   ENV041-18        Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville  

Author:              Executive Strategic Planner

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That Council accept and endorse the letter of offer dated 27 September 2018 from the Illawarra Catholic Club Limited (Developer) to enter into a Voluntary Planning Agreement (VPA) (Attachment 1) for 6 Cross Street, Hurstville, accompanying Development Application DA2018/0182 to convert level 9 to roof top terrace and allow integrated indoor / outdoor dining area in the approved development. The VPA offer will include and deliver the following public benefits:

i.     the Developer will provide a monetary contribution of $142,605.19 (based on a residual land value rate of $1,908.40/m2 for an additional gross floor area of 149.45m2) for providing infrastructure improvements in the Hurstville City Centre, including upgrade of the local road network;

ii.    the public benefits are over and above the usual section 7.11, 7.12 and 7.24 contributions (formerly referred to as section 94, 94A and 94EF contributions) applicable to the development;

iii.   the VPA offer amend the existing VPA between Council and the Illawarra Catholic Club executed on 20 March 2018 relating to DA2017/0040.

iv.   the final VPA will contain provisions necessary to ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979.

(b)     That Council delegate authority to the General Manager to negotiate the specific terms of the amendments to existing Voluntary Planning Agreement executed 20 March 2018 and a Deed of Variation and to subsequently exhibit the draft amendments to the existing Planning Agreement and associated Deed of Variation in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979,

(c)     That Council delegate authority to General Manager to:

v.    Authorise any minor changes to the draft amendment to the existing Voluntary Planning Agreement and Deed of Variation following public exhibition, provided that those changes do not diminish the value or nature of the public benefits to be delivered as identified in (a) above; and

vi.   Subsequently enter into the Deed of Variation and amended Voluntary Planning Agreement on behalf of Council.

                                                                   

 

Executive Summary

1.      The Development Application No. DA 2018/0182 for 6 Cross Street, Hurstville seeks to convert level 9 from plant room to roof top terrace and allow integrated indoor / outdoor dining area in the approved development (under DA2017/0040 and MOD 2018/047).

2.      The DA includes a request for a variation to the floor space ratio (FSR) and building height. It is noted that the variation to the building height and FSR was sought and approved under the original DA 2017/0040 and MOD 2018/047, with the current DA 2018/0182 resulting in an additional gross floor area of 149.45m2 from the approved DA 2017/0040. The development results in an FSR of 5.45:1. There is no change in height from the approved DA 2017/0040. 

3.      The DA2018/0182 was reported to the Local Planning Panel on 20 September 2018 (Attachment 2) for consideration in terms of its planning merit in conjunction with draft conditions of consent.

4.      The Panel resolved that determination of the DA 2018/0182 be deferred for Council to consider the VPA offer and that the proposed development is considered to be an appropriate use and built form for the site, and further that following consideration of the VPA offer the matter be reported back to the Panel for electronic determination.

5.      The current offer to enter into a VPA was submitted in conjunction with the DA 2018/0182 and approved MOD201//047 on 27 September 2018, from Illawarra Catholic Club Limited (Developer) relating to 6 Cross Street, Hurstville. This letter of offer replaced an earlier letter of offer dated 24 August 2018 due to a correction to the additional floorspace area in the development.

6.      In summary, the letter of offer provides the following:

i.     the Developer will provide a monetary contribution of $142,605.19 (based on a residual land value rate of  $1,908.40/m2 for the additional gross floor area of 149.45m2 above the approved DA) for providing infrastructure improvements in the Hurstville City Centre, including upgrade of the local road network;

ii.    that the value of the offer and residual land value rates is based on the Council’s consultant report prepared by Hill PDA Consulting – VPA Advice for 6-8 Cross Sreet, Hurstville dated July 2017;

iii.   that the contribution is paid to Council prior to the issuing of the first Construction Certificate;

iv.   that the offer be formalised by an amendment to the existing VPA between Council and the Illawarra Catholic Club for 6 Cross Street, Hurstville executed on 20 March 2017,

v.    that the Developer will provide Security to Council in the form of an unconditional bank guarantee upon execution of the VPA;

vi.   the public benefits are over and above the usual section 7.11, 7.12 and 7.24 contributions applicable to the development;

vii.  final VPA will contain provisions necessary to ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979.

 

7.      The letter of offer and public benefits have been assessed against Council’s Policy on Planning Agreements and are considered to be satisfactory in respect of the Acceptability Test under the Council’s Planning on Agreements Policy.

8.      The value of the offer has been assessed using the land value capture formula within Council’s Policy. The residual land value rate applied is from the Hill PDA Consulting report, prepared for Council, for the assessment of the earlier VPA offer and development for DA 2017/0040. The uses within the development remain the same (i.e. an extension to the existing club for tourist and visitor accommodation) and the DA seeks to convert the Level 9 plant room to a roof top terrace within the same development. A copy of this confidential report is attached (Attachment 3). The report recommended a residual land value rate of $1,908.40/m2.

9.      The VPA offer is proposed to amend this existing VPA to include the DA 2018/0182 and MOD2018/047 and the monetary contribution. The existing VPA relates to the DA 2017/0040 for 6 Cross Street, Hurstville and was executed on 20 March 2018 (Attachment 5). The VPA provides for a monetary contribution of $976,147 for providing infrastructure improvements in the Hurstville City Centre, including the embellishment of the Central Plaza and upgrade of the local road network. The Developer has provided a bank guarantee for the contribution in accordance with the terms of the VPA.

10.    With regard to this current VPA offer dated 27 September 2018, it is recommended that Council accept and endorse the offer to enter into a VPA.

11.    Subject to the above, this report recommends that the Council delegate authority to the General Manager to negotiate the specific terms of the amendment to the existing VPA and prepare a Deed of Variation, and to subsequently exhibit a draft of the amendments to the existing VPA and Deed. Following this, that the General Manager have authority to enter into the amended VPA and Deed of Variation on behalf of Council, with authority to make any minor changes to the draft amended VPA and Deed following public exhibition that do not diminish the value or nature of the public benefits.

 

Background

The Site

12.    The subject site is known as 6 Cross Street, Hurstville, being part of Lot 100 DP1230046 (previously comprised of Lots 1 and 2 in DP 508397). The site is located on the northern side of Cross Street between Crofts Avenue to the west and Park Road to the east.

 

Figure 1: Aerial photo of 6 Cross Street, Hurtsville

 

Development Consent No. DA 2017/0040 and Modification MOD 2018/047

13.    The Development Consent No.DA 2017/0040, as originally approved, was for an extension to the existing registered club at 10 Cross Street, across the adjoining property at 6-8 Cross Street. The development included the demolition of existing structures and construction of a 9 storey building containing extension of existing Illawarra Catholic Club, 5 x levels of tourist and visitor accommodation comprising 125 rooms and basement parking.

14.    The DA 2017/0040 sought a variation to the development standards under the Hurstville LEP 2012 increasing the building height from 30 metres to 39.35 metres and floorspace from 4.5:1 to 5.33:1 equating to an additional gross floor area (GFA) of 1,023m2.

15.    A VPA offer was submitted and a VPA entered into in association with DA 2017/0040 (see detail below).

16.    The DA 2017/0040 was determined by Sydney South Planning Panel and deferred commencement consent was issued on 10 January 2018.

17.    A modification application (MOD 2018/047) was determined on 15 August 2018 which approved alterations to the existing terrace as alfresco area, replacement of composite cladding, adjustments to fire egress, alterations to back of house and internal changes. This application resulted in a minor reduction in the FSR from 5.33:1 to 5.21:1 and a reduction in the total additional GFA from 1,023m2 to 881.5m2.

18.    No amendment to the VPA was sought by the Applicant in association with the MOD2018/047.

Existing Planning Agreement

19.    A Planning Agreement between Council and the Illawarra Catholic Club was executed on 20 March 2018 in relation to the DA 2017/0040 (Attachment 5). The letter of offer to enter into a VPA from the Illawarra Catholic Club was accepted by Council at its Meeting on 7 August 2017.

20.    The Planning Agreement provides for a monetary contribution of $976,147 for providing infrastructure improvements in the Hurstville City Centre, including the embellishment of the Central Plaza and upgrade of the local road network.

21.    The Planning Agreement requires the monetary contribution to be paid prior to the issuing of the first Construction Certificate for the Development. A Construction Certificate has not been issued for the Development.

22.    The Developer has provided a bank guarantee for $976,147 as security for the monetary contribution in accordance with the terms of the Agreement.

Current Development Application DA 2018/0182 and Local Planning Panel

23.    The current DA 2018/0182 was submitted to Council on 15 May 2018 for the conversion of level 9 plant room in the approved tourist and visitor accommodation building to allow integrated indoor/outdoor dining area (food and drink premises) at No. 6 Cross Street, Hurstville. The DA seeks development consent for:

-        Fitout and use of the level 9, including external terrace area, as a bar and restaurant hours of operation as follows - Sunday to Wednesday: 6.00am – 12.00am and Thursday to Saturday: 6.00am – 1.00am

-        Capacity of 200 people (including staff)

http://infoweb.georgesriver.nsw.gov.au/grinfocouncil/Open/2018/09/LPP_20092018_AGN_AT_files/image092.jpg

Figure 1: Photomontage looking north towards the subject site

Source: Crawford Architects, 2018

 

24.    The DA seeks a variation to the maximum building height and floorspace ratio development standards under Hurstville LEP 2012.

25.    It is noted that the variation to the height and FSR was sought and approved under the original DA 2017/0040 and under MOD 2018/047 the additional gross floor area was reduced (as outlined above).

26.    The only difference with this current application is the additional floor space generated by the conversion of Level 9 from a plant room to a terrace. The additional floorspace for the development from the approved DA 2017/0040 to DA 2018/0182 is 149.45m2. The development results in an FSR of 5.45:1. There is no change in height from the approved DA 2017/0040. 

27.    The DA 2018/0182 was reported to the Local Planning Panel on 20 September 2018 (see Attachment 2) for consideration by the panel in terms of planning merit in conjunction with the draft conditions of consent.

28.    The Local Planning Panel resolved that the determination of the DA2018/0182 be deferred for Council to consider the VPA offer and that the proposed development is considered to be an appropriate use and built form for the site as follows:

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979, as amended, Development Application No. DA2018/0182 to convert Level 9 of roof top terrace and allow integrated indoor/outdoor dining area (food and drink premises) at 6 Cross Street, Hurstville, be deferred for Council to consider the Draft VPA submitted as part of the application.

In relation to the merits of the application the Panel would be minded to approve the application and accept the draft conditions of consent as presented in the officers report.

That following consideration of the Draft VPA the matter be reported back to the Panel for electronic determination.

Statement of Reasons

1.      The proposed development is considered to be an appropriate use and built form for the site and the character of the locality.

2.      The proposed development subject to the recommended draft conditions will have an acceptable environmental impact.

29.    Attachment A of the Local Planning Panel report provided draft conditions of consent, including a deferred commencement condition, requiring the applicant to enter into a planning agreement as follows:

Schedule 1:

A.      Deferred Commencement Condition 1 – Planning Agreement

The applicant is to enter into a planning agreement under s7.4 of the Environmental Planning and Assessment Act 1979 with the Council on the terms of the “Offer to Enter into a Voluntary Planning Agreement” from <INSERT> dated <INSERT> as agreed to by Council under GRC Council resolution No. <INSERT> dated <INSERT>  which constitutes the applicant’s offer for the purposes of s7.4(3) of the Environmental Planning and Assessment Act 1979 to enter into a planning agreement.

 

The applicant is to produce evidence to the Council sufficient to enable the Council to be satisfied as to the above matter within five (5) years from the Determination Date of this consent.

 

The consent is not to operate until evidence of the executed planning agreement is provided to Council. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

Strict compliance is required with all conditions appearing in Schedule 1 within five (5) years from the Determination Date of this Consent.

 

Upon confirmation in writing from Georges River Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the operative consent date.

 

30.    Following Council’s resolution on this report on the VPA offer, a report will presented back to the Local Planning Panel for consideration and electronic determination.

 

Offer to enter into a Voluntary Planning Agreement relating to DA2018/0182

31.    The letter of offer to enter into a Voluntary Planning Agreement (VPA) was submitted on 27 September 2018 from the Illawarra Catholic Club Limited (Developer) in conjunction with the Development Application No. DA 2018/0182 and approved MOD2018/047, relating to additional gross floor area of 149.45m2 sought above the existing planning controls.

32.    This letter of offer replaced an earlier letter of offer from the Club dated 24 August 2018 due to a correction to the additional floorspace area.

33.    In summary, the letter of offer provides the following:

viii.        the Developer will provide a monetary contribution of $142,605.19 (based on a residual land value rate of  $1,908.40/m2 for the additional gross floor area of 149.45m2) for providing infrastructure improvements in the Hurstville City Centre, including upgrade of the local road network;

ix. that the value of the offer and residual land value rates is based on the Council’s consultant report prepared by Hill PDA Consulting – VPA Advice for 6-8 Cross Street, Hurstville dated July 2017;

x.  that the contribution is paid to Council prior to the issuing of the first Construction Certificate;

xi. that the offer be formalised by an amendment to the existing VPA between Council and the Illawarra Catholic Club for 6 Cross Street, Hurstville executed on 20 March 2017,

xii.         that the Developer will provide Security to Council in the form of an unconditional bank guarantee upon execution of the VPA;

xiii.        the public benefits are over and above the usual section 7.11, 7.12 and 7.24 contributions (formerly referred to as section 94, 94A and 94EF contributions) applicable to the development;

xiv.        final VPA will contain provisions necessary to ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979.

 

Assessment of the offer

34.    The letter of offer and public benefits has been assessed in accordance with Councils Policy on Planning Agreements and the ‘Acceptability Test’ contained in the Policy as follows:

 

 

Does the Planning Agreement:

Assessment

(a)  Satisfy the statutory requirements for planning agreements contained in the Act and Regulation?

·    The purpose of the letter of offer is to outline the general terms on which the VPA will be based. The letter of offer states that “the final voluntary planning agreement will contain provisions necessary to ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979.”.

 

The letter of offer to enter into a VPA does not constitute ‘a planning agreement’ under the terms of the Act and Regulations. As such it does not need to fully satisfy the statutory requirements of the EP&A Act and Regulations. The letter of offer however does address what a planning agreement must provide for under s7.4(3) of the EP&A Act.

 

Additionally, should the VPA offer be accepted by Council, a condition of the Deferred Development Consent is that the applicant is to enter into an amended VPA under s7.4 of the EP&A Act and the consent is not to operate until a VPA is executed.

 

·    As outlined above, the letter of offer is to provide a monetary contribution in the amount of $142,605.19 based on a RLV of $1,908.40 per sqm for the additional GFA of 145.45sqm.

 

·    At this initial stage the general terms of the offer meet the requirements of the Act, which describes what a ‘public purpose’ includes (without limitation) on which Planning Agreements can be based.

 

·    Section 7.4(2) describes a public purpose (without limitation) as follows:

(a) “the provision of (or the recoupment of the cost of providing) public amenities or public services,

(b) the provision of (or the recoupment of the cost of providing) affordable housing,

(c)  the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land,

(d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure,

(e) the monitoring of the planning impacts of development,

(f)   the conservation or enhancement of the natural environment”.

 

·    The key terms of the offer fall under points ‘(a)’ and ‘(c)’ of the listed public purposes above, as they consist of a monetary contribution for public infrastructure works. The proposed infrastructure improvements in the Hurstville City Centre, including the upgrade of the local road network, are consistent with suggested infrastructure works listed in Appendix F of Council’s Policy on Planning Agreements.

 

·    Other legislative requirements for VPAs include, but are not limited to, securities, dispute mechanisms, the application of section 7.11 and 7.12 development contributions (previously section 94 and section 94A).

 

In this case, the letter of offer states that the VPA would not exclude the application of s7.11, 7.12 or 7.24 contributions. As outlined in the Local Planning Panel report on the DA 2018/0182 on 20 September 2018 a draft condition of a Deferred Development Consent would levy a section 7.11 contribution of $48,205.72 under the Hurstville Section 94 Development Contributions Plan 2012.

 

In respect to securities the VPA offer states that an unconditional bank guarantee in the amount of the monetary contribution of $142,605.19 will be provided upon execution of the VPA.

 

In respect of dispute mechanisms, the VPA states that the VPA will provide for mediation. This is consistent with the existing VPA.

 

·    A further statutory requirement is the public notification of the proposed Planning Agreement, once both parties have agreed on its final form. The minimum exhibition period under the EP&A Act is 28 days.

(b)  Comply with the principles set out in clause 2.3 of this Policy?

·    Clause 2.3 of the Council’s Policy on Planning Agreements contains the following eleven (11) principles on the Council’s use of planning agreements:

(a) “planning decisions must not be bought or sold through planning agreements;

(b) the Council will not allow planning agreements to improperly fetter the exercise of its functions under the Act, Regulation or any other Act or law;

(c)  the Council will not use planning agreements for any purpose other than a proper planning purpose;

(d) the consideration, negotiation and assessment of a proposed planning agreement will be separate from the consideration of the planning merits of a development application or planning proposal;

(e) the Council will not use planning agreements as a means to overcome revenue raising or spending limitations to which it is subject or for other improper purposes;

(f)  development that is unacceptable on planning grounds will not be permitted because of public benefits offered by developers that do not make the development acceptable on planning grounds;

(g) the Council will not seek benefits under a planning agreement that are wholly unrelated to the development;

(h) in assessing a development application or planning proposal, the Council will not take into consideration planning agreements that are wholly unrelated to the subject matter of the development application or planning proposal, nor will the Council give disproportionate weight to a planning agreement;

(i)   the Council will not allow the interests of developers, individuals or interest groups to outweigh the public interest when considering a proposed planning agreement;

(j)   the Council will not improperly rely on its position in order to extract unreasonable public benefits from developers under planning agreements; and

(k)  where the Council has a commercial stake in development the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its interests in the development”.

 

·    Taking the above principles into consideration, Council staff have negotiated the terms of the letter of offer to enter into a VPA.

 

·    The Local Planning Panel have assessed the DA 2018/1082 and in relation to the merits of the application the Panel would be minded to approve the application and accept the draft conditions of consent.

 

·    The monetary contribution will provide public benefits that are directly in relation to ameliorating impacts of the development brought about by the additional gross floor area of the development above the current development standards in Hurstville LEP 2012.

 

(c)   Be directed towards a proper or legitimate planning purpose ordinarily ascertainable from the statutory planning controls and other adopted planning policies applying to development and the circumstances of the case?

·    As discussed under item ‘(a)’ above, the VPA will provide that the monetary contribution be used for a public purpose which may include the provision of infrastructure improvements in the Hurstville City Centre including the upgrade of the local road network.

 

·    This is consistent with the suggested infrastructure works listed in Appendix F of Council’s Policy on Planning Agreements.

(d)  Provide for public benefits that bear a relationship to the development that is not wholly unrelated to the development?

·    The monetary contribution will be applied to public benefits that will bear relationship to the development, and also provide benefit to the greater public.

 

·    The public benefits will generally be within the Hurstville City Centre and address the additional demand and impacts of the development.

(e)  Produce outcomes that meet the general values and expectations of the public and protect the overall public interest?

·    The general expectations of the public and the protection of the public interest in the case of development, is that the developer will bear some cost in ameliorating against the impacts their private development of their land on its neighbours and the greater community. Whilst development contributions plans raise funds for Council to put toward capital projects to mitigate against the impacts of ongoing development, those plans are based on particular predictions made from planning controls in place at the time the plans were published. Planning Agreements are able to step in where particular development was ‘unforeseen’ by the Development Contributions Plan, i.e. where the developer seeks an increase over and above the current development standards contained in a Local Environmental Plan to obtain a greater outcome.

 

·    The DA2018/0182 seeks to vary the development standards in Hurstville LEP 2012.

 

·    In accordance with Council’s Policy on Planning Agreements, the Developer has made an offer to enter into a VPA.

 

·    The Hill PDA Consulting report prepared for Council for the assessment of the original VPA offer and DA2017/0040 provides justification for a residual land value of $1,908.40per square metre.

 

·    As such the monetary contribution contained in the letter of offer, provides further mitigation against the impact of the development commensurate with the uplift sought in the development controls. As such they can be reasonably viewed to be meeting the general values and expectations of the public.

 

(f)    Provide for reasonable means of achieving the relevant purposes and outcomes and securing the benefits?

 

·    The VPA will provide timeframes by which the public benefits are to be delivered. The VPA offer states that the monetary contribution will be provided prior to the issuing of the first Construction Certificate.

(g)  Protect the community’s reasonable planning expectations and avoid environmental harm?

·    As per item ‘(e)’ above, the public benefits to be provided under the VPA will enhance the public domain and infrastructure and provide some amelioration against the impacts of the development. In terms of avoiding environmental harm, this is addressed by the Development Consent.

(h)  Ensure the quantum of the public benefit offered is commensurate with the value of the development contributions which the Council considers are reasonably due in the circumstances?

The quantum of the public benefit offered is considered reasonable for the following reasons:

·    The proposed VPA will provide a monetary contribution based on $1,908.40 per square metre of additional GFA.

·    The contribution is considered reasonable considering the estimated land value capture amount, which is discussed below. Economic consultants, Hill PDA Consulting, assessed the original development and recommended this residual land value rate.

 

Land Value Capture – Hill PDA Consultant Assessment

35.    Council’s Policy on Planning Agreement, 2016 provides that where development proposed in a development application does not comply with development standards and controls and it will, if approved, results in an increase in the value of the land or the development, Council will determine appropriate contributions by applying land value capture or use an alternative mechanism. For the purpose of the Policy, land value capture is a public financing mechanism by which Council captures for the community’s benefit a share of the unearned increment to developers in land value.

36.    The Policy provides a formula for calculating a monetary contribution associated with land value capture, by assessing the residual land value of a site under the existing and proposed controls. The Policy then seeks to capture 50% of the increase in the RLV for public benefits.

37.    The Policy provides average residual land value rates for precincts in the Hurstville City Centre for ‘residential’, ‘commercial’ and ‘retail’ development. Although the subject site is within the ‘Hurstville Central Precinct’ the proposed uses do not align with the residential, commercial or retail categories in the Policy.

38.    As each site and use has unique residual land values reflecting the planning controls, site specific issues, neighbourhood amenity, access to local infrastructure and services there is variation of the residual land value rates across the city centre.

39.    In order to determine the residual land value rate for a hotel and visitor accommodation development, Council engaged Hill PDA Consulting in July 2017 to assess and determine the land value uplift and residual land value rates for the earlier VPA offer (i.e. the existing executed VPA) in association with the proposed development under DA2017/0040. The residual land value rates recommended in this report have been applied in the assessment of the current VPA offer. The Hill PDA report examines other comparative developments and uses within the local Sydney market to determine the residual land value rates for the site and proposed use.

40.    The residual land value rate recommended in the Hill PDA report relates directly to the proposed development and is considered more accurate and relevant than those generic rates in the Council’s Policy. The current DA 2018/0182 seeks to convert the Level 9 plant room to a roof top terrace to allow integrated indoor/outdoor dining area and is within the approved tourist and visitor development, resulting in an additional gross floor area of 149.45m2.

41.    The Hill PDA Consulting report  - VPA Advice for 6-8 Cross Street, Hurstville (July 2017) is provided as Attachment 2 (Confidential).

42.    In summary Hill PDA recommends a residual land value rate of $1,908.40 per sqm of GFA. Based on the land value capture formula within Council’s Policy, which captures 50% of the land value uplift, the monetary contribution for the proposed additional GFA of 149.45m2 is $142,605.19.

43.    The offer is considered reasonable and to satisfy the Land Value Capture component of Council’s Policy on Planning Agreements

 

Amendment to the existing VPA – Deed of Variation

44.    Council’s solicitors, Lindsay Taylor Lawyers, have advised that an amendment to the existing VPA is preferable to having a second separate VPA applying to the development for the following reasons:

-        “the additional monetary contributions offered by the Developer in the amount of $142,605.19 are calculated having regard to the total GFA of the club extension development as a whole as approved under the original development consent to DA2017/0040 as modified by MOD2018/047 and the new DA2018/0182,

-        DA2018/0182 which modifies the original development consent to DA2017/0040 to change the Level 9 plant room to a roof top terrace is, when carried out, indivisible from the development to which the existing VPA relates,

-        the above information would be most clearly set out in a single VPA”.

45.    Council’s solicitors have advised that the amendments to the existing VPA would include:

-        “amending the Background section of the VPA to include references to MOD2018/047 and the new DA2018/0182,   

-        amending the definition of 'Development' to include a reference to MOD2018/047 and DA2018/0182,  

-        amending Schedule 1 to add a requirement to pay the additional monetary contributions of $142,605.19 before the issuing of the Construction Certificate for the part of the Development authorised by development consent to DA2018/0182,

-        amending the security provision to require additional security in the amount of $142,605.19 to be provided on the date the VPA is first amended. 

-        a marked up version of the VPA would be annexed to a Deed of Variation. The Deed of Variation would contain a provision stating that the existing VPA is amended in accordance with the marking up shown on the annexed copy of the VPA”.

 

Next Steps

46.    Should Council endorse and accept the offer to enter into a VPA, the following steps will need to occur:

a.      The General Manager negotiate and finalise the draft amendments to the existing Planning Agreement with the Developer. Council’s solicitor will prepare the necessary documentation, including a Deed of Variation in accordance with Council’s Policy on Planning Agreements and EP&A Act and Regulation,

b.      Once agreement is reached on the Deed of Variation and draft amended VPA between the parties, the draft amended VPA and Deed of Variation will be publicly notified for a minimum of 28 days in accordance with the EP&A Act and Regulation.

c.      Following public notification, should no submissions be received objecting the draft amended VPA, the General Manager be delegated authority to authorise minor changes to the draft amended VPA, provided that those changes do not diminish the value or nature of the public benefits to be delivered, and to subsequently enter into the amended VPA and Deed of Variation on behalf of Council.

d.      Additionally following Council’s resolution on this report, the DA 2018/1082 will be reported back to the Local Planning Panel for electronic determination as resolved by the Panel on 20 September 2018.

 

Financial Implications

47.    No budget impact for this report.

48.    Council’s Policy on Planning Agreement states that Council will generally require a planning agreement to make provision for payment by the developer of Council’s costs of negotiating, preparing and executing the planning agreement, as well as monitoring enforcing and administering the agreement. Additionally the Deed of Variation will include a provision requiring the Developer to pay the Council’s costs of preparing the Deed of Variation.

 

Risk Implications

49.    Enterprise risk/s identified and management process applied.

50.    Should Council resolve to accept the letter of offer, the Local Planning Panel may determine the DA2018/0182 and accept the draft conditions of consent as presented in the officers report of 20 September 2018. As outlined above, a draft condition for the Deferred Commencement Consent would require that the consent is not to operate until evidence of the executed planning agreement is provided to Council and commencement of the approval cannot commence until written approval of the submitted information has been given by Council. Additionally the amended VPA will provide that a bank guarantee be provided as security for the monetary contribution of $142,605.19 upon execution of the amended VPA.

51.    Should Council resolve not to accept the offer to enter into the planning agreement, the Local Planning Panel may still determine the DA2018/0182 without a planning agreement. As outlined in Council’s Policy on Planning Agreements the “consideration, negotiation and assessment of a proposed planning agreement will be separate from the consideration of the planning merits of a development application or a planning proposal”.

 

Community Engagement

52.    Public notice of the draft VPA will be conducted should Council endorse and accept the letter of offer to enter in to a VPA.

53.    The draft VPA will be on public notice for not less than 28 days before the agreement is entered into, in accordance with the with s7.5 of the Environmental Planning and Assessment Act 1979 and cl25D of the Environmental Planning and Assessment Regulation 2000. Copies of the draft VPA will be made available on Council’s website, Hurstville and Kogarah Libraries during this period. 

 

File Reference

18/840

 

 

ATTACHMENTS

Attachment 1

Letter of offer to enter into a Voluntary Planning Agreement from the Illawarra Catholic Club Limited for 6 Cross Street, Hurstville relating to DA2018/0182 dated 27 September 2018

Attachment 2

Local Planning Panel Report LPP042-18 (20 September 2018) for DA2018/0182

Attachment 3

Local Planning Panel Minutes 20 September 2018 for Report LPP042-18 (DA2018/0182)

Attachment 4

Hill PDA Consulting - VPA Assessment Report for 6-8 Cross Street, Hurstville - July 2017 (Confidential) (Confidential)

Attachment 5

Existing Planning Agreement between GRC and Illawarra Catholic Club Limited relating to DA2017/0040 - executed 20 March 2018

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV041-18             Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville

[Appendix 1]          Letter of offer to enter into a Voluntary Planning Agreement from the Illawarra Catholic Club Limited for 6 Cross Street, Hurstville relating to DA2018/0182 dated 27 September 2018

 

 

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Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV041-18             Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville

[Appendix 2]          Local Planning Panel Report LPP042-18 (20 September 2018) for DA2018/0182

 

 

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Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV041-18             Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville

[Appendix 3]          Local Planning Panel Minutes 20 September 2018 for Report LPP042-18 (DA2018/0182)

 

 

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Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV041-18             Offer to Enter Into a Voluntary Planning Agreement Relating to DA2018/0182 for 6 Cross Street, Hurstville

[Appendix 5]          Existing Planning Agreement between GRC and Illawarra Catholic Club Limited relating to DA2017/0040 - executed 20 March 2018

 

 

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Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 108

Item:                   ENV042-18        Georges River Local Planning Panel Operational Procedures 

Author:              Manager Development and Building

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the report and responses provided by the Chairpersons of the Georges River Local Planning Panel be received and noted.

 

Executive Summary

1.      Council considered an item at its meeting of 28 May 2018 in relation to the current Practices and Procedures associated with the operation of the Georges River Council Local Planning Panel with regard to commencement times for meetings, webcast of meetings, deliberations in open session, transparency and accountability in decisions (NM037-18).

 

2.      The matter was referred for consideration by the Georges River Local Planning Panel for consideration at its meeting of 5 October 2018.

 

3.      The Chairpersons of the Georges River Local Planning Panel have provided a formal response for the information of Council.

 

Background

4.      Council considered an item at its meeting of 28 May 2018 in relation to the current Practices and Procedures associated with the operation of the Georges River Council Local Planning Panel.  In doing so, Council resolved (Resolution No. NM037-18) the following:

 

“(a)    That the General Manager provide, as part of the quarterly report to Council on DA determinations, a listing of all items reported to the Local Planning Panel (LPP) including a summary of the Assessment Officer’s recommendation and the final determination made by the Panel.

(b)     That the General Manager provide the Georges River Local Planning Panel with a copy of Council’s resolution of 18 December 2017 regarding the Operational Procedures of the Panel and request the Panel to formally consider and respond to Council on the matters in that resolution including (amongst others):

i.        the requested commencement times for meetings of 6pm;

ii.       the request for the Panel to undertake its deliberations in open session;

iii.     functions of the Panel that demonstrate transparency in development decisions and accountability to the community; and

iv.     access to the Panel’s determinations by the applicant and the public on the same day the determination is made.

(c)     That the General Manager request the Panel to Webcast its meetings.”

 

5.      At the meeting of 5 October 2018, the Georges River Local Planning Panel considered Council’s request (Attachment 1 – Report).  The Georges River Local Planning Panel resolved the following:

          “THAT Georges River Local Planning Panel resolves that the Chairperson and Alternate Chairpersons write to the General Manager of the Council responding to the items contained in parts (b) and (c) of Council Resolution NM037-18 dated 4 April 2018.”

Following the Georges River Local Planning Panel resolution the 3 Chairpersons conferred and drafted a response to Council (Attachment 2).

 

Conclusion

6.      As a result of the Chairpersons response there will be no change to the Georges River Local Planning Panel operation procedures except the webcasting of the meeting when operationally viable.

 

Financial Implications

7.      Within budget allocation.

 

File Reference

18/653

 

 

 

ATTACHMENTS

Attachment 1

LPP 048-18 - Report to GRLPP - 5-10-18 - Operation of Georges River Local Planning Panel

Attachment 2

Correspondence from Chairperson Adam Seton to General Manager- Operation of the Georges River Local Planning Panel

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV042-18             Georges River Local Planning Panel Operational Procedures

[Appendix 1]          LPP 048-18 - Report to GRLPP - 5-10-18 - Operation of Georges River Local Planning Panel

 

 

Page 110

 


 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV042-18             Georges River Local Planning Panel Operational Procedures

[Appendix 2]          Correspondence from Chairperson Adam Seton to General Manager- Operation of the Georges River Local Planning Panel

 

 

Page 113

 


 


 


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 115

Item:                   ENV043-18        Summary of Development Applications Lodged and Determined - July - September 2018 

Author:              Manager Development and Building

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

That Council receive and note the Summary of Development Applications Lodged and Determined report for the first quarter of the 2018/2019 financial year being July – September 2018.

 

Executive Summary

1.      This report provides a snap-shot of Council’s development applications lodged and determined within the first quarter of the 2018/2019 financial year. 

2.      In order to consider trends and Council performance associated with development assessment; information provided within the report includes:

·        Applications Received for Processing and Determination

·        Applications Considered by the Local Planning Panel

·        Applications Considered by the Sydney South Planning Panel

·        Total Application Processing Times

·        Application Type Breakdown

·        Estimated Value of Development Applications Determined

·        Timeframes Associated With Undetermined Applications

 

Background

3.      The information contained below provides a snap-shot of Council’s development applications lodged and determined within the first quarter of the 2018/2019 financial year.

 

Applications Received for Processing and Determination – Q1 2018/2019 financial year

 

4.      The total development applications lodged (‘L’) and determined (‘D’) in the first quarter is provided as follows: 

 

2018

DA (‘L’)

DA (‘D’)

MOD (‘L’)

MOD (‘D’)

REV (‘L’)

REV (‘D’)

TOTAL (‘L’)

TOTAL (‘D’)

July

55

43

18

9

2

0

75

52

August

43

49

16

21

0

0

59

70

September

47

37

10

14

0

2

57

53

Table 1

 

5.      For comparative purposes, Council records show the total applications for previous financial years are as follows:

 

Year

Total Applications

2017/2018

936

2016/2017

981

2015/2016

932

Table 2

 

6.      For ease of reference a graph of all applications (DA’s Modifications and Reviews) by month since July 2017 is outlined in Figure 1 below:

 

Figure 1

 

Applications Considered - Local Planning Panel – Q1 2018/2019 financial year

 

7.      The total development applications considered by the Georges River Local Planning Panel is provided as follows: 

 

DA No.

Address

Proposal

Officer Recommendation

LPP

Decision

Date

DA2017/0345

44 Harris Street

Sans Souci

Dual Occupancy

Refusal

Deferred for redesign to reduce FSR non-compliance

19/7/18

DA2017/0612

8-12 Oatley Avenue Oatley

Alterations and additions to Hotel

Approved

Approved

19/7/18

DA2018/0062

705 Forest Road Peakhurst

Alterations and additions Hotel

Approved

Approved

19/7/18

DA2016/0104

954-956 Forest Road Lugarno

Multi Dwelling development

Refusal

Refused

16/8/18

DA2017/0605

22 Wyong Street

Oatley

Torrens Title Subdivision into 2 lots with dwelling and secondary dwelling on each lot

Refusal

Refused

16/8/18

DA2017/0398

85-87 Railway Parade

Mortdale

Six storey mixed use development

Deferred

Deferred

16/8/18

DA2017/0418

266 Belmore Road Riverwood

Shade structure

Refusal

Approved as LPP considered structure would activate the street for local businesses

3/9/18

MOD2018/0089

37 Gungah Bay Road Oatley

Siting dwelling 0.62m to  south

Approved

Approved

3/9/18

DA2017/0573

5A Algernon Street Oatley

Dual Occupancy

Approved

Approved

3/9/18

DA2017/0256

74-78 Carwar Avenue Carss Park

Minor works to existing cafe

Approved

Approved

3/9/18

MOD2017/0166

621-635 Princes Highway Blakehurst

Internal and external modifications to mixed use development

Approved

Approved

3/9/18

DA2017/99

32-38 Judd Street Oatley

Two storey boarding house

Refusal

Deferred for redesign to reduce bulk and scale impacts

20/9/18

DA2017/0551

77 Cambridge Street Penshurst

Multi-dwelling housing comprising 6 dwellings

Approved

Deferred for redesign of roof pitch.

 

Approved October 2018

20/9/18

DA2017/0648

65 Kyle Parade

Kyle Bay

Alterations and additions to dwelling house

Approved

Approved

20/9/18

DA2018/0182

6 Cross Street Hurstville

Convert level 9 to roof top terrace and allow integrated indoor/outdoor dining area

Consideration of Planning Merit – Deferral pending the Council consideration of VPA offer

Deferred pending the Council consideration of VPA offer.

20/9/18

   Table 3

 

Applications Considered - Sydney South Planning Panel – Q1 2018/2019 financial year

 

8.      The total development applications considered by the South Sydney Planning Panel is provided as follows: 

 

DA No.

Address

Proposal

Officer Recommendation

SSPP

Decision

Date

DA2017/0451

56-58 Regent Street Kogarah

Demolition of Existing Dwelling and Construction of a 12 storey residential flat building with basement parking

Approved

Refused for design and ADG reasons

15/8/18

   Table 4

 

 

 

 

Total Application Processing Times

 

9.      Based on the gross turn-around times of all applications (DA’s, Modifications and Reviews), the average processing times for applications determined in the first quarter is 133 days.

10.    Based on application type, the average times is as follows:

 

Average Processing Time (days)

Residential

130

Tourist

0

Commercial / retail / office

238

Infrastructure

0

Industrial

242

Community facility

185

Subdivision only

59

Table 5

 

11.    The above figures will remain higher for a period of time as planning officers continue to process the backlog of applications.

12.    Of note, whilst the average determination times are at 133 days, the average time of all applications currently undetermined has dropped to 104 days. As the backlog of applications continues to fall, this time period is also anticipated to reduce.

13.    For comparative purposes, in a report to Inner West Council on 9 October 2018 outlining the Council’s Q3/4 progress against the IWC operations plans; DA processing times have been reported as sitting on average at 110 days.

 

Application Types

 

14.    Based on the NSW Department of Planning Annual Performance Monitoring Development Category Types, the category of applications determined is as follows:

 

Total Applications

1: Residential - Alterations & additions

35

2: Residential - Single new dwelling

28

3: Residential - New second occupancy

27

4: Residential - New multiunit

3

5: Residential - Seniors Living

0

6: Residential - Other

3

7: Tourist

0

8: Commercial / retail / office

16

9: Mixed

1

10: Infrastructure

0

11: Industrial

2

12: Community facility

3

13: Subdivision only

12

Table 6

 

 

 

 

Estimated Value of Development Applications Determined

 

15.    The total estimated value of applications determined in the first quarter is $109,078,556.  A monthly breakdown is provided as follows:

 

Value

July

$35,233,468

August

$61,343,691

September

$12,501,397

Table 7

 

16.    The respective breakdown of estimated cost of works against the total number of applications determined is as follows:

 

Total Applications

$0 - $100,000

50

$100,001 - $250,000

20

$250,001 - $500,000

11

$500,001 - $1,000,000

30

$1,000,001 - $5,000,000

16

$5,000,001 - $10,000,000

0

>$10,000,000

3

            Table 8

 

Timeframes Associated With Undetermined Applications

 

17.    At the end of the first quarter of the 2018/2019 total undetermined applications has dropped to 393. A breakdown of the total number of applications is provided as follows:

 

Total Applications

Development Applications

332

Modifications

57

Reviews

4

Table 9

 

18.    A processing time breakdown of total number of undetermined applications at the end of September 2018 is provided as follows: 

 

DA

MOD

REV

TOTAL

0-40 days

59

14

4

77

41-80 days

51

15

0

66

81-120 days

56

11

0

67

121-240 days

93

12

0

105

>240 days

73

5

0

78

TOTAL

332

57

4

          Table 10

 

Conclusion

19.    The first quarter has seen a decrease in the number of applications lodged comparative to the same time last year.

 

20.    The number of application being determined is increasing and the total number of applications on hand is decreasing which will in turn see an improvement in the overall processing times.

 

21.    The Development Assessment team continue to implement actions that assist in improving processing times and customer service.  Such actions include referral templates, standardised conditions of consent, focus on provision of development planning advice.

 

Financial Implications

22.    Within budget allocation.

 

File Reference

17/1645

 

 

 

  


Georges River Council –    Environment and Planning -  Monday, 12 November 2018                                                  Page 121

Item:                   ENV044-18        Establishment of a Trial Program - Smoke Free Zones in Georges River Local Government Area 

Author:              Manager Environment Health & Regulatory Services

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)       That Council endorse the implementation of a Smoke Free Zone for a trial period of 6 months in the Kogarah Town Square, Hurstville Memorial Square and Hurstville Central Plaza.

 

(b)       That a further report be presented to Council on the outcome of the six month trial.

 

 

Executive Summary

1.      This report outlines the current NSW legislation that applies across the state in regards to outdoor smoking as contained within the Smoke-Free Environment Act, 2000 and the Smoke-Free Environment Regulation, 2016.  The report also provides options should Council wish to expand the existing prohibited outdoor smoking areas and the limitations in enforcing any such areas.

2.      The report outlines a proposed approach combining regulatory signage, community education and self-regulation to enforce the proposed smoke free zones in Kogarah Town Square, Hurstville Memorial Park and Central Plaza.  Concerns relating to chewing gum, littering and spitting within Forest Road, Hurstville will also be addressed concurrently via new regulatory signage and a community education program. Council is to note that the Kogarah Station Forecourt (Railway parade) and Hurstville Station entrance are already a smoke free zone due to the restrictions in place under the Smoke Free Environment Act and Regulations.

 

Background

3.      Council at its meeting of 23 July 2018 resolved:

(a)     That the General Manager prepare a report to Council on conducting a trial program to introduce ‘Smoke Free Zones’ in key public open space areas and plazas in the Hurstville and Kogarah CBDs, such as Kogarah Town Square, Hurstville Memorial Square and Central Plaza.

(b)     That incorporated in the report is information that outlines the current NSW Legislation with regard to smoking in public places and further information on how Council will enforce compliance.

(c)     That included in the report is information on any enforcement actions, including fines that have been issued in regard to spitting and chewing gum litter in the CBD areas of the city.

 

NSW Legislation - smoking in public places

4.      Smoking and the use of e-cigarettes are banned in all enclosed public areas (such as shopping centres, cinemas, libraries, trains and buses) and the following outdoor public areas, under the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016:

·        Within 10 metres of children’s play equipment in outdoor public places

·        Public swimming pools

·        Spectator areas at sports grounds or other recreational areas used for organised sporting events

·        Public transport stops and platforms, including ferry wharves and taxi ranks

·        Within 4 metres of a pedestrian access point to a public building

·        Commercial outdoor dining areas

 

5.        Health Inspectors employed by NSW Health are responsible for the enforcement of the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016 and conduct regular compliance monitoring and enforcement activities. Only Health Inspectors employed by NSW Health can issue on the spot fines of $300 to people who break these smoking bans.

6.      Council may regulate smoking and the use of e-cigarettes at additional public locations to those listed above under the Local Government Act 1993 (the Act), however the enforcement of these additional areas would become the sole responsibility of Council. A number of Councils have extended the no smoking ban to include other public areas. Commencing in June 2004, Mosman Municipal Council banned smoking in playgrounds, sporting fields, bushland, foreshore reserves and beaches while in March 2004, Shoalhaven City Council introduced smoking bans at playgrounds and sporting venues. Both of these policies were supported by community education and were largely self-regulated through the community referring to the non-smoking signs displayed at the various locations.

7.        More recently in 2016, Sydney City Council concluded a 12 month smoke free trial in Martin Place with a concurrent online survey finding overall support for the initiative. Further, in September 2018 North Sydney Council placed on public exhibition a proposal to ban smoking within the CBD. If adopted the proposal would be enforced through encouragement and not fines in an attempt to change behaviour.

8.        Should Council wish to proceed with bans on smoking in additional public areas it would be first necessary to install signs prohibiting that activity, regardless of whether it was Council’s intention to pursue enforcement action or to rely upon a self-regulatory approach. Under Section 632 of the Act a person who fails to comply with the terms of a notice erected in a public place is guilty of an offence for which the maximum penalty is 10 penalty units or $1,100 if prosecuted in Court. Alternatively a penalty notice (fine) of $110.00 can be issued.

9.        Should an enforcement approach be preferred, there are some practical limitations as outlined below. Before an authorised officer can issue a fine, the offender’s name and address must first be obtained. It is an offence under the Act not to provide name and address details or to provide false details to an authorised officer. While the Act provides the authorised officer with the power of arrest for these offences, in practical terms due to the Work Health and Safety risk posed, an Authorised Officer of Council would not invoke these powers.

10.     While it is common for members of the community not to provide Council Rangers with name and address details, in contrast there is greater incentive to comply with the same direction from a Police Officer as the power of arrest is more likely to be invoked by a Police Officer. Therefore, should Council wish to take an enforcement approach for any additional no smoking locations, a coordinated approach between Council Rangers and Police would be required.


 

 

11.     Council’s General Manager is working with the Superintendent of the St George Local Area Command to develop a practical and coordinated response to a number of community concerns where there is an overlap in responsibility or where community benefits can be achieved. While these arrangements are not as yet finalised, a regular joint patrol of the Hurstville CBD will be considered to address a number of community safety and wellbeing concerns, such as any proposed additional no smoking locations, littering, spitting and illegal street trading.

12.    Therefore, due to legislative limitations and potential resourcing implications of a regulatory approach, it is recommended that an education and self-regulatory approach be taken to changing the communities’ outdoor smoking behaviour.

 

Trial Smoke Free Zones Program

13.    Under the current restrictions within the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016; the majority of the footpath on Forest Road, Hurstville and Railway Parade, Kogarah (including Kogarah Station Forecourt) would already be a smoke free zone i.e. 4m to a building entrance, bus stop or outdoor dining area. To supplement these restrictions, it would seem practical to include large public domain areas such as Kogarah Town Square, Hurstville Memorial Square and Hurstville Central Plaza. These locations are shown in the maps attached to this report.

14.   It is recommended that the trial commence to coincide with the opening of Central Plaza and continue for 6 months.  This way, as smoking would not be permitted from the opening of the Plaza, the potential for public acceptance of this restriction could lead to greater voluntary compliance over the longer term.  It is also recommended that the other nominated public domain areas also be sign posted from the opening date of Central Plaza as this would serve to reinforce a consistent approach in similar large public domain areas of the City. An example of the type of sign proposed to be installed is shown in the attachment to this report.

15.   Additionally, Council’s Rangers will attend the three locations during lunchtime for the week following the commencement of the trial to encourage compliance with the smoke free area signage and to hand out quit smoking material to members of the public observed at the time to be smoking.  An approach will also be made to NSW Health to coordinate a concurrent public education program for those smoke free areas in Forest Road, Hurstville and Railway, Parade Kogarah under their regulatory control.

 

Fines Issued for Spitting and Chewing Gum Littering

16.    The limitations detailed above in relation to the enforcement of no smoking restrictions in additional public areas are also applicable to spitting and chewing gum littering. As a consequence there have been no fines issued for either of these offences since amalgamation.

17.    A report was presented to the Economic Development Committee on 6 August 2018 which outlined an approach for the development of a Litter Prevention Education Program for Forest Road, Hurstville. Under this program the newly created and recently recruited, Waste Education Officer will design and implement a litter reduction education campaign that precedes a littering enforcement campaign on Forest Road. This program will be expanded to also include education to prevent spitting in the main street. Both programs will be supported by appropriately designed and located educational and regulatory signs.

 


 

Conclusion

18.    There is considered to be significant community benefit for Council to conduct a six month trial of Smoke Free Zones in the key public domain areas of Kogarah Town Square, Hurstville Memorial Square and Central Plaza.

 

19.    The proposed commencement date for the trial will be the opening at Central Plaza (scheduled December 2018) which will be supported by a community education program addressing not only the Smoke Free Areas but chewing gum littering and spitting.

20.    A further report will be provided to Council following the six month trial.

Financial Implications

21.    Whilst the majority of the education and monitoring programs will be funded via existing budget allocations through a reallocation of staff work priorities during the duration of the trial, the direct costs associated with the programs will be for the installation of regulatory signs at each location which in total is estimated to be $900.00

 

Risk Implications

22.    No risks identified.

 

Community Engagement

23.    Community Engagement is not required for the introduction of the Smoke Free Zone (trial program) and associated programs. However, Council will write to the St George Business Chamber and the relevant business associations and information will be provided in a range of media outlets and on Council’s website to advise the community of the programs.

 

File Reference

17/1831 and D18/217149

 

 

 

ATTACHMENTS

Attachment 1

Memorial square - No Smoking/Chewing gum/spitting sign

Attachment 2

Hurstville City Centre - Smoke Free Areas

Attachment 3

Kogarah Town Centre - Smoke Free Areas

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV044-18             Establishment of a Trial Program - Smoke Free Zones in Georges River Local Government Area

[Appendix 1]          Memorial square - No Smoking/Chewing gum/spitting sign

 

 

Page 124

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV044-18             Establishment of a Trial Program - Smoke Free Zones in Georges River Local Government Area

[Appendix 2]          Hurstville City Centre - Smoke Free Areas

 

 

Page 125

 


Georges River Council -         Environment and Planning - Monday, 12 November 2018

ENV044-18             Establishment of a Trial Program - Smoke Free Zones in Georges River Local Government Area

[Appendix 3]          Kogarah Town Centre - Smoke Free Areas

 

 

Page 126