AGENDA


Environment and Planning Committee

 

Monday, 09 December 2019

7.00pm

 

Waratah Room,

Ground Floor, Georges River Civic Centre

Hurstville

 

 

 

 

 

 

 

 

 

 

 


Georges River Council –     Environment and Planning -  Monday, 9 December 2019                                                   Page 2

 

          Environment and Planning

ORDER OF BUSINESS

 

1.      Opening

2.      Acknowledgement of Country

3.      Apologies / Leave of Absence

4.      Notice of Webcasting

5.      Disclosures of Interest

6.      Public Forum

7.      Confirmation of Minutes of Previous Meeting  

 Minutes - Environment and Planning - 11 November 2019

8.      Committee Reports

ENV045-19       Summary of Development Applications Lodged and Determined - July to September 2019

(Report by Manager Development and Building)..................................................... 3

ENV046-19       Draft Georges River Stormwater Management Policy 2019

(Report by Manager Development and Building).................................................. 14

ENV047-19       Appointment of Community Representatives to the Georges River Council Local Planning Panel for the Kogarah Bay and Hurstville Wards

(Report by Manager Development and Building)................................................ 133  

 

 


Georges River Council –     Environment and Planning -  Monday, 9 December 2019                                                   Page 3

Committee Reports

Item:                   ENV045-19        Summary of Development Applications Lodged and Determined - July to September 2019 

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 2019/2020 financial year being July 2019 – September 2019.

 

Executive Summary

1.      This report provides a snap-shot of Council’s development applications lodged and determined within the first quarter of the 2019/2020 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

·        Information pertaining to The Development Advisory Service

 

Background

3.      The information contained below provides a snap-shot of Council’s development applications lodged and determined within the first quarter of the 2019/2020 financial year.

 

Applications Received for Processing and Determination – Q1 2019/2020 Financial Year

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

 

2019

DA (‘L’)

DA (‘D’)

MOD (‘L’)

MOD (‘D’)

REV (‘L’)

REV (‘D’)

TOTAL (‘L’)

TOTAL (‘D’)

July

42

55

18

22

1

0

61

78

August

49

35

24

15

1

1

74

51

September

33

47

22

16

1

0

56

63

Table 1

 

5.      For ease of reference and comparative purposes a graph of all applications (DA’s, Modifications and Reviews)  for July 2017 – October 2019 is outlined in Figure 1 below:

6.      The supporting data for the total applications determined for July 2017 – June 2019 is outlined is based on the following:

 

 

       Development Applications

 

 

 

 

 

Modification Applications

 

Applications Considered - Local Planning Panel – Q1 2018/2019 Financial Year

7.      The total development applications considered by the Georges River Local Planning Panel (since commencement in March 2018) is 105.  A break down per month is provided as follows: 

8.      The total number of applications considered by the LPP during Q1 is 19 at a public meeting and three electronically following a previous consideration.

 

9.      A list of the applications considered by the Local Planning Panel in Q1 is detailed as follows:

 

DA No.

Address

Proposal

Officer Recommendation

LPP

Decision

Date

DA21018/0547

85-87 Railway Parade Mortdale

Alterations and additions to approved 6 storey mixed use development to provide an additional level of residential accommodation to facilitate four additional apartments, reconfiguration of the car park layout and changes to the rooftop area of communal open space

Refusal

Refusal

4/7/19

DA2019/0054

1 Barratt Street Hurstville

Installation of business identification sign on building façade and building façade

Approval

Approval

4/7/19

DA2018/0211

13-15 Gover Street Peakhurst

Demolition and construction of 3 storey residential flat building containing 15 residential units

Approval

Approval

4/7/19

DA2017/0471

87A Jubilee Avenue Beverley Park

Erection of perimeter fencing and gates to Beverley Park Golf Course

Refusal

Refusal

18/7/19

DA2017/0472

87A Jubilee Avenue Beverley Park

Demolition work, construction of new maintenance building and staff amenities building, on grade car parking, bin store area, tree removal and landscaping works

Refusal

Deferral – Revised design, POM, Acoustic, Waste Management Plan, storage of chemical waste, fuel

18/7/19

DA2018/0291

2 Dardanelles Street Mortdale

Demolition works, tree removal, construction of two storey detached dual occupancy, front fence

Approval

Approval

18/7/19

DA2018/0046

41 Edward Street Carlton

Alterations and additions to existing dwelling, construction of detached secondary dwelling, tandem carport, tree  removal, fencing and landscaping works

Approval

Approval

18/7/19

DA2017/0659

4 The Esplanade South Hurstville

Demolition works, construction of 2 storey child care facility

Approval

Refusal

15/8/19

DA2018/0309

11 Arnold Street Peakhurst

Demolition works, construction of 11 room boarding house with basement car parking

Refusal

Refusal

15/8/19

DA2017/0353

7-11 Short Street South Hurstville

Demolition works, construction of 7 storey residential flat building

Refusal

Refusal

15/8/19

DA2018/0074

1-7 Bowns Road Kogarah

Demolition works, tree removal, lot consolidation, construction of 6 storey residential flat building

Approval

Approval

15/8/19

DA2018/0237

6-8 Vaughan Street Blakehurst

Demolition works, construction of 4-5 storey residential flat building

Approval

Approval

15/8/19

DA2019/0213

105 Victoria Avenue and 2A Cook Street Mortdale

Boundary adjustment

Approval

Approval

15/8/19

DA2018/0517

2-4 Vaughan Street Blakehurst

Demolition works, construction of 5 storey residential flat building

Refusal

Refusal

5/9/19

MOD2019/0022

5-9 John Street Kogarah Bay

Convert communal area to part communal and part private open space

Approval

Approval

5/9/19

DA2018/0198

13 Derby Street Kogarah Bay

Alterations and additions to existing shop top housing

Approval

Approval

5/9/19

DA2017/0584

61-63 Lawrence Street Peakhurst

Lot consolidation, demolition works, construction of 3 storey residential flat building

Approval

Approval

19/9/19

DA2017/0627

16 Peake Parade Peakhurst

Demolition works, construction of 3 storey residential flat building

Refusal

Refusal

19/9/19

DA2018/0513

186-190 Princes Highway Beverley Park and 2-6 Lacey Street Kogarah Bay

Demolition works, and construction of 7 storey residential flat building

Approval

Refusal

19/9/19

Table 2

 

Total Application Processing Times

 

10.    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 was 158 days. This increase from 130 days in Q4 of 2018/2019 financial year is due to the large number of backlog applications being determined.

 

11.    The average time of all currently undetermined applications is currently sitting at 99 days. As the backlog of applications continues to fall, this time period is also anticipated to reduce.

 

12.    Based on application type, the average times for Q1 with comparative detail for Q3 & Q4 last financial year is as follows:

 

Average Processing Time (days) (Q3 & 4)

Average Processing Time (days) (Q1)

Residential

133

224*

Tourist

0

0

Commercial / retail / office

99

150

Infrastructure

0

0

Industrial

101

16

Community facility

240

87

Subdivision only

15

20

Table 3

*The increase in the average is due to the determination of a number of older applications.

 

Application Types

 

Estimated Value of Development Applications Determined

 

13.    The total estimated value of applications determined in the first quarter was $152,180,318. 

 

14.    For comparative purposes, a graph of data for 2017/2018, 2018/2019 and 2019/2020 financial years is detailed below:

 

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

 

Total Applications (Q2)

Total Applications (Q3)

Total Applications (Q4)

Total Applications (Q1)

$0 - $100,000

42

50

42

55

$100,001 - $250,000

13

16

17

21

$250,001 - $500,000

10

8

15

8

$500,001 - $1,000,000

42

24

29

32

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

16

7

12

13

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

1

4

2

1

>$10,000,000

1

1

6

7

Table 5

 

16.    A 2019/2020 financial year to date breakdown of development value is provided as follows:

 

17.    For comparative purposes, the graph for 2019/2020 financial year to date breakdown of development value is provided as follows:

Timeframes Associated With Undetermined Applications

 

18.    By the end of the fourth quarter of the 2018/2019 total undetermined applications had dropped further to 284.

 

19.    By the end of the first quarter of the 2019/2020 total undetermined applications have again dropped to 270.

 

20.    A breakdown of the total number of the current undetermined applications is provided as follows:

 

Total Applications

Development Applications

218

Modifications

50

Reviews

2

TOTAL

270

Table 6

 

Advisory Service

21.     The Development Advisory Service (DAS) commenced in July 2019.

It has been introduced to help streamline the development assessment process and make it easier for community members and building professionals to access planning and development advice.

Improvements include:

·        The Duty Planner Service 

·        New evening Development Information Sessions for community members and building professionals

·        New DA Lodgement Service supported by a new self-service online booking tool,

·        Expanded Pre-lodgement Advisory Service and

·        New Complying Development Consultation Service. 

22.     For comparative purposes of pre lodgements held, the graph for 2018/2019 and 2019/2020 financial years to date is provided as follows:

 

23.    As a result of the new services demand for formal pre lodgement applications has increased.

 

24.    In addition Council has run two Community Information sessions in 2019, with an addition two scheduled for December 2019.  The purpose of the sessions is to outline the range of services offered by the Development Advisory Services Team and to explain the complying development and development application processes

 

25.    Approximately 29 participants attended the resident sessions and the feedback received indicated that the participants were pleased with the information provided and the open invitation to learn more about the new advisory services offered by Council.

          Conclusion

26     The number of applications being determined is increasing and the total number of applications within the system is decreasing which will in turn see an improvement in the overall processing times.

 

27.    The Development Assessment Team continues 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

28.    Within budget allocation.

 

Risk Implications

29.    No risks identified.

 

File Reference

17/1645

 

 

 

 

 

 

 

  


Georges River Council –     Environment and Planning -  Monday, 9 December 2019                                                   Page 19

Item:                   ENV046-19        Draft Georges River Stormwater Management Policy 2019 

Author:              Manager Development and Building

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)     That Council endorse the Draft Georges River Stormwater Management Policy 2019 for public exhibition for a minimum of 28 days and to commence after 20 January 2020.

(b)     That Council publicly exhibit the Draft Georges River Stormwater Management Policy 2019 through the following methods:

i.        Advertisements in the local paper

ii.       Uploaded to Council’s Your Say webpage

iii.      Documents will be publicly available at Council’s libraries and Customer Service Centre

iv.      Advertising on Council’s Social Media accounts; and

v.       Availability of information on Council’s website.

(c)     That Council authorise the General Manager to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in preparation for the public exhibition of the Draft Georges River Stormwater Management Policy 2019.

(d)     That a further report be submitted to Council following the public exhibition period.

 

 

Executive Summary

1.      As a result of the 2016 Council amalgamation, a number of Development Control Plans (DCPs) apply across the Local Government Area for stormwater management. These contain inconsistent controls resulting in an inconsistent approach to stormwater issues and development. The preparation and implementation of a new Stormwater Management Policy is a key harmonisation piece of work which will provide consistency, clear guidance, reduce risk, look towards best practice; and improve water quality

 

2.      The key controls considered in the draft Policy relate to the development approval process (detailing plan/design requirements, etc.), technical design requirements for stormwater drainage systems, on-site stormwater detention (OSD) systems, flooding and overland flow impacts and stormwater quality requirements. In particular a focus on how to address drainage requirements for low level properties is outlined

 

3.      This report seeks that Council endorse the Draft Stormwater Management Policy for public exhibition for a minimum of 28 days and to commence after 20 January 2020. The draft policy will be publicly exhibited through a range of methods including advertisements in the local paper, uploaded the detail to Council’s Your Say webpage, providing copies of documents at Council’s libraries and Customer Service Centre, advertising on Council’s social media accounts; and availability of information on Council’s website. In addition a targeted consultation process with local architects and engineers will be arranged.

 

4.      A further report is proposed be submitted to Council following the public exhibition period.

 

Report

5.      As a result of the 2016 Council amalgamation, a number of Development Control Plans (DCPs) apply across the Local Government Area for stormwater management. These contain inconsistent controls resulting in an inconsistent approach to stormwater issues and development. The preparation and implementation of a new Stormwater Management Policy is a key harmonisation piece of work which will:

·        Provide consistency in application of stormwater control for private development across the Council area

·        Provide clear guidance and known expectations for those lodging applications

·        Improving application processing times

·        Provide consistency between Council Assessment & Private Certifiers (CDC’s)

·        Reduce risk to the public through aim to reduce the likelihood and severity of downstream flooding and the likelihood of impact on neighbouring properties

·        Aim to provide drainage systems that are low maintenance and long lasting

·        Prevent, or at worst minimise, the release of pollutants from Urban areas

·        Provide drainage systems that incorporate rainwater tanks or other systems to reduce the development’s reliance on mains supplied water.

·        Provide drainage systems that integrate into Council’s drainage network with minimal impact on existing users or catchment areas; and

·        Improve Water Quality within our waterways

 

Policy Preparation

 

6.      The process undertaken to develop the Draft policy includes:

 

·        Creation of a multidisciplinary team across Council including, Development Engineers, Assets Engineers, Building Surveyors and Town Planners to prepare and develop the Draft document

·        Peer review and edits have been undertaken by external consulting engineer

·        The Draft Policy has been developed to integrate with existing Councils controls / studies, meet legislative requirements, reduce risk and complement existing requirements. These include:

•        New GRC Draft GRC LEP 2020 provisions

•        Georges River Council – Overland Flow Flood Study for Hurstville, Mortdale and Peakhurst Wards, November 2016 (SMEC and Catchment Simulation Solutions)

•        Kogarah Council (2009) Kogarah Bay Creek Risk Management Study and Plan (Webb, McKeown & Associates) 

•        Kogarah Council (2011) Poulton Park Overland Flow Risk Management Study and Plan (Cardno)

•        Kogarah Council *(2007) Beverley Park Overland Flow Risk Management Study and Plan February 2007, (Cardno Lawson Treloar)

•        Kogarah Council (2011) Moore Reserve Catchment Overland Flow Study February 2011 (BMT WBM) 

•        Any new flood studies to be prepared and endorsed

•        Geoscience Australia  Australian Rainfall and Runoff , latest version  (available from www.arr.ga.gov.au)

•        Australian Building Codes Board  National Construction Code – latest edition (available from www.abcb.gov.au)

•        New South Wales Government (2005) Floodplain Development Manual

•        Standards Australia, AS/NZS 3500.3:2018 (As Amended) – Plumbing and Drainage - Stormwater Drainage

•        Standards Australia (2008)  HB 230—2008 Rainwater Tank Design and Installation Handbook

•        Landcom, New South Wales (2004) Managing Urban Stormwater: Soil and Construction, 2004 (Blue Book), Landcom

 

·        Councillor workshop undertaken on 4 November 2019.  The key comments provided during the workshop included:

i.       Positive approach for consistency

ii.      Reasonable approach for water quality measures

iii.     Desire to increase OSD exemptions for minor works including dwellings, secondary dwellings and outbuildings

iv.     Desire for consideration of policy approach for infrastructure upgrades

 

In response to the desire to increase the number of exemptions to OSD. Council staff  has undertaken some remodelling which has resulted in a new s4.8 “Provision of onsite Detention for secondary and minor dwellings” to the policy. This provides additional provisions to enable property owners the ability to use an increased sized rain water tank to address OSD issues.

 

In relation to the desire and consideration of a policy approach for infrastructure upgrades, this issue will require more consideration and modelling. It is proposed that the current approach of upgrading infrastructure to cater for new development continue however a future project be undertaken with an options analysis on how to more effectively deal with the issue be commenced with a future report to Council on the specific issue.

 

7.      The draft Policy covers the following:

·        The development approval process (detailing plan/design requirements, etc).

·        Stormwater drainage systems – (detailing design standards, drainage of low level properties, use of absorption systems, charged drainage systems, discharge to natural areas, inter-allotment drainage and pump-out systems, etc.)

·        On-site stormwater detention (OSD) systems (applicability criteria, rainwater tank offsets, discharge pits, exemptions, maintenance requirements, etc).

·        Development impacting on Council’s or another regulatory authority’s drainage systems.

·        Flooding and overland flow impacts.

·        Stormwater quality requirements.

·        Drainage requirements for Low Level Properties.

 

8.      A summary of the key provisions of the Draft Policy explained in greater detail as follows:

 

Drainage of Low Level Properties

9.      Chapter 3.4 of the draft policy discusses alternative drainage methods for low level properties. These methods include:

·        Drainage to existing easements

·        Charged drainage systems

·        Use of spreaders for properties backing to natural areas; and

·        Absorption systems

 

Creation of new easement to drain water will be the last resort for the minor residential developments where existing easement are available, the applicant desire the easement or all other options for stormwater disposal have been exhausted..

 

10.    It should be noted that whilst an absorption trench is permitted as an option, they have been limited to certain areas as a primary method of stormwater discharge. This is due to soil type.

 

11.    The current policy on pump out systems has been incorporate, which discourages use due to potential failure and subsequent property damage which would result. 

 

Onsite Detention

12.    Chapter 4 of the policy related to the On-site Stormwater Detention.

 

13.    Hydraulic and hydrological modelling has been undertaken to obtain OSD parameters such as volume requirements and discharge rate requirements based on site impervious area percentage.

 

14.    Above and underground OSD systems for large developments will be permitted to provide a performance base approach for building designers to cater for varying site conditions.

 

15.    For smaller developments a number of exemptions will be applied. This included single dwellings and a secondary dwelling being able to have OSD in a form of an above ground tank such as a rainwater tank with a fitted orifice.

 

16.    This chapter illustrates provides information on the design methods of OSD and construction methods as well. It includes locations of OSD systems, the depth of water levels, free board requirements, construction material and maintenance requirements.

 

17.    To assist applicants the Draft policy has also included standard data inputs for OSD volume calculations.

 

Flooding & Overland Flow

18.    Chapter 6 of the Policy provides the requirements for development on flood liable land within the Council area. This information is based on the NSW Floodplain Development Manual.  It includes information to assist applications in the form of:

·                  A flood matrix has been created depending on the land use category.

·                  Flood control parameters are included in the matrix.

19.    Please note that Flood maps will be updated for public use and available on Council website.

 

Water Quality Requirements

20.    Water Sensitive Urban Design requirements have been incorporated into the policy.  These provisions aim to reduce pollution impacts on the natural waterways.

21.    The controls mostly apply to development sites greater than 2000 sqm will require submitting WSUD design together with the drainage plans.

 

22.    Smaller development such as child care centres, industrial building, residential flat buildings etc. will require a minor pit to capture silt, and oil separators will be required for developments with 20 car parking spaces or greater.

 

Conclusion

23.    This report seeks Council endorsement of the Draft Stormwater Management Policy to commence public exhibition for a minimum of 28 days after 20 January 2020 with a further report be submitted to Council following the public exhibition period.

 

24.    The attached draft Stormwater Management Policy has been prepared to provide consistent controls for the entire Georges River Council area.  In considering the applicable controls to be implemented across the LGA, Council’s Engineers carefully considered any environmental impact when drafting the new controls. The controls apply to all development types and terrain and calls up appropriate methods to control and mitigate stormwater disposal and flood waters.

 

Next Steps

25.    The next steps for this project include:

 

Date

Step

9 December 2019

Council endorses draft Policy for public exhibition

From 20 January 2020

Community engagement to obtain feedback on Draft Policy

From March 2020

Review and refine Draft Policy based on Community engagement outcomes

From April 2020

Council report on Community engagement outcomes and final proposed Policy

From End April 2020

Policy becomes effective

 

 

Financial Implications

26.    Within budget allocation.

 

Risk Implications

27.    The draft Stormwater Management Policy is streamlined to take into consideration all development types and implement appropriate measures to safeguard life and property in major rain and storm events. The draft Policy has been prepared in accordance with industry best practice methods and is fully functional across the Georges River LGA, bringing about a better compliance regime that will in turn reduce adverse effects to property and significantly reduce any litigation risks to Council.

 

Community Engagement

28.    Community engagement will be for a minimum period of 28 days and will commence after 20 January 2020.

29.    The public exhibition of the Draft Stormwater Management Policy will be through the following methods:

i.        Advertisements in the local paper

ii.       Uploaded to Council’s Your Say webpage

iii.      Documents will be publicly available at Council’s libraries and Customer Service Centre

iv.      Advertising on Council’s Social Media accounts; and

v.       Availability of information on Council’s website

vi.      Undertake targeted consultation workshops with industry experts including local architects and engineers

 

File Reference

18/846

 

 

 

ATTACHMENTS

Attachment 1

Draft Georges River Stormwater Management Policy 2019

 


Georges River Council -         Environment and Planning - Monday, 9 December 2019

ENV046-19             Draft Georges River Stormwater Management Policy 2019

[Appendix 1]          Draft Georges River Stormwater Management Policy 2019

 

 

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Georges River Council –     Environment and Planning -  Monday, 9 December 2019                                                   Page 137

Item:                   ENV047-19        Appointment of Community Representatives to the Georges River Council Local Planning Panel for the Kogarah Bay and Hurstville Wards 

Author:              Manager Development and Building

Directorate:      Environment and Planning

Matter Type:     Committee Reports

 

 

 

Recommendation

(a)     That Council consider and appoint two community representatives from the confidential list contained in Attachment 1 for the Kogarah Bay and Hurstville Wards, to the Georges River Local Planning Panel.

(b)     That all community representatives are appointed for all Georges River Council wards so that they can operate on a rotational basis throughout the year to allow flexibility and efficiency for the operation of the Georges River Local Planning Panel.

(c)     Each member is to be appointed in accordance with the terms and conditions identified by the Minister for Planning and the NSW Department of Planning and Environment.

 

 

Executive Summary

 

1.      Local Planning Panels in the Greater Sydney Region and Wollongong commenced operations from 1 March 2018. In early 2018 Council appointed five community members residing in four of the five Council Ward areas with one member since resigning.

 

2.      Council undertook a recruitment process in October/November 2018 for an additional 2 LPP Community Members.  In December 2018, Council resolved not to appoint any of the applicants and to require the General Manager to re-advertise for the LPP Community Members for the Hurstville and Kogarah Bay wards in early 2019.

 

3.      The Georges River Local Planning Panel is currently operating with four community members, two below a preferred level to allow flexibility and efficiency for the operation of the Georges River Local Planning Panel into 2020.

 

4.      Council has recently undertaken an Expression of Interest process seeking applicants who reside in the Kogarah Bay and Hurstville Wards. This report recommends that Council consider the relevant applicants and appoint additional community members to the Georges River Local Planning Panel.

 

5.      Copies of application will be provided in Confidential Session of Committee

 

Background

6.      Local Planning Panels in the Greater Sydney Region and Wollongong commenced operations from 1 March 2018.

 

7.      Section 2.18(1) and 2.18 (2) (c) of the Environmental Planning and Assessment Act 1979 stipulates that members of the Local Planning Panels are to be appointed to the relevant Council with one representative of the local community who is not a Councillor or Mayor.

 

8.      Prior to the commencement of the Georges River Local Planning Panel, Council resolved at its meeting on 18 December 2017:

i.     That Council endorse the process for the recruitment of the Community Representatives for the new Local Planning Panel.

 

ii.    That delegation be given to the General Manager to call for expressions of interest for Community Representatives for the Local Planning Panel.

 

9.      Council at its meeting on 26 February 2018 resolved to appoint five community members to consider applications in ‘all wards’ on the Georges River Council Local Planning Panel.

 

10.    Council resolved on 27 August 2018 in relation to the membership of Local Planning Panels:

 

i.     That Council note the NSW Minister for Planning; the Hon Anthony Roberts MP has recently amended the Codes of Conduct for Local and Regional Planning Panels in response to Georges River Council’s concerns regarding a lack of clarity on potential conflicts of interest for Panel members.

 

ii.    That the Minister be requested to continue to follow Council’s leadership in addressing potential conflicts of interest by excluding  former/current employees of councils from membership of their own/former Council’s Planning Panels for a period of two years and by amending the Codes of Conduct to create full consistency across both codes and also with the NSW Office of Local Governments Model Code of Conduct for Local Councils, including in regard to the completion and publication of disclosure returns.

 

11.    Since the time Council made the original appointments, the community member from the Hurstville Ward (Mr Henry Wong) resigned from the Panel. This has now resulted in a vacancy from the Hurstville Ward in addition to that of the Kogarah Bay Ward.

 

12.    Council undertook a recruitment process in October/November 2018 for an additional 2 LPP Community Members.  In December 2018, Council resolved not to appoint any of the applicants and to require the General Manager to re-advertise for the LPP Community Members for the Hurstville and Kogarah Bay wards in early 2019

 

Report

 

13.    The currently appointed community members reside in four of the five Georges River Council Wards being: Peakhurst, Mortdale, Blakehurst and Hurstville.

 

14.    Since the time Council made the original appointments, the community member from the Hurstville Ward (Mr Henry Wong) resigned from the Panel. This has now resulted in a vacancy from the Hurstville Ward in addition to that of the Kogarah Bay Ward.

 

15.    As a result of the vacancies from the Hurstville and Kogarah Bay Wards and the resolution of 17 December 2018, Council commenced a process of seeking Expressions of Interests from the Georges River Council community between 16 October 2019 and 15 November 2019.

16.    The process for seeking Expressions of Interest included:

a.      Public Recruitment process as follows:

 

i.     Advertisements in the local paper

ii.    Availability of information on Council’s website; and

iii.   Contact and communication through professional industry groups such as the Planning Institute of Australia, Institute of Architects, Institute of Engineers, Institute of Landscape Architects.

 

b.      The advertising process outlines the types of matters the panel considered, the selection criteria, the exclusions from being a Panel Member as defined by the EPA Act  and information on remuneration of the role.

 

c.       The application process from interested residents.  This process stipulates that nominated members are required to:

 

i.     Be current residents within the Georges River Council Local Government Area (LGA) and applicable wards

ii.    Be able to work within a team

iii.   Have a knowledge and awareness of the LGA, planning issues and matters of concern to the local community

iv.   Be able to demonstrate an understanding of the planning process and assessment issues (but not expected to be experts)

v.    Be able to represent and communicate the interests of the local community

vi.   Commit to attending the Panel meetings and site inspections

vii.  Be able to contribute constructively to the determination of applications

viii. Not be a staff member of Georges River Council

ix.   Be willing to adhere to the Planning Panels Operational Guidelines and Planning Panels Code of Conduct

x.    Complete Pecuniary Interest Form to be placed on Council's website

 

17.    Interested residents were also advised that consideration, assessment and appointment of applicants is at the sole discretion of Council and that applicants are required to be aware that under the Environmental Planning and Assessment Act 1979 those ineligible to become panel members (and will not be considered) include:

 

·        An elected Councillor of any Council

·        A property developer within the meaning of section 96GB of the Election Funding, Expenditure and Disclosures Act 1981

·        A real estate agent within the meaning of the Property, Stock and Business Agents Act 2002.

 

18.    As a result of the recruitment process, Council received 17 applications. No applicants have been declared ineligible in relation to the EPA Act and Ministerial Directions. However, one candidate may potentially be considered ineligible based on the Council Resolution dated 27 August 2018 (NM082-18) as they are a former Councillor. In addition there are two ineligible applications from former GRC planning staff.  The confidential applications will be provided in Confidential Session of Committee.  These will list the applicants, their response to the above noted criteria and a resume for Council to consider.

 

19.    It is advised that Council consider and appoint a minimum of two additional community representatives from the confidential list attached for the Kogarah Bay and Hurstville Wards. A pool of six community members is optimal for the functions of the Local Planning Panel to function, if in the event one member cannot attend for any reason, and/or the application before the Panel is a Review of Determination of an Local Planning Panel former decision.

 

20.    All community representatives should be appointed for all Georges River Council Wards such that they can operate on a rotational basis throughout the year to allow flexibility and efficiency for the operation of the Georges River Local Planning Panel.

 

21.    The LPP is able to continue to function with or without the appointment of the additional community member, however to allow flexibility and efficiency for the operation of the Georges River Local Planning Panel into 2020 it is recommended the additional members be appointed.

 

22.    Each member is to be appointed in accordance with the terms and conditions identified by the Minister for Planning and the NSW Department of Planning and Environment. The term of the appointment is two years.

 

Next Steps

23.    The next steps for this project include:

 

Date

Step

9 December 2019

Environment & Planning Committee considers applicants and determines whether to endorse any application to be LPP Community Representatives

 

Copies of application will be provided in Confidential Session of Committee

16 December 2019

Council considers applicants and determines whether to endorse any application to be LPP Community Representatives

From January 2020

 

-    Probity Checks undertaken of preferred candidates (if any)

-    Letters of Offer issued to preferred candidates (if any)

-    Unsuccessful candidates notified

From April 2020

Preferred candidates (if any) commence

 

 

Financial Implications

24.    Within budget allocation.

 

Risk Implications

25.    No risks have been identified.

 

Community Engagement

26.    Community engagement was conducted during the Expression of Interest stage for the Community representatives.

 

File Reference

D19/291155

 

 

 

ATTACHMENTS

Attachment 1

Scout Advertisement - EOI LPP Community Representatives

Attachment 2

Leader Ad - 16 October 2019 - EOI Community Reps for Local Planning Panel

 


Georges River Council -         Environment and Planning - Monday, 9 December 2019

ENV047-19             Appointment of Community Representatives to the Georges River Council Local Planning Panel for the Kogarah Bay and Hurstville Wards

[Appendix 1]          Scout Advertisement - EOI LPP Community Representatives

 

 

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Georges River Council -         Environment and Planning - Monday, 9 December 2019

ENV047-19             Appointment of Community Representatives to the Georges River Council Local Planning Panel for the Kogarah Bay and Hurstville Wards

[Appendix 2]          Leader Ad - 16 October 2019 - EOI Community Reps for Local Planning Panel

 

 

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