AGENDA


Council Meeting

 

Monday, 24 August 2020

 

 

Dragon Room

(Level 1, Georges River Civic Centre, Hurstville)

and

Skype Online Meeting

 

 

 

 

 

 

 

 

 


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                      Page 2

 

Ordinary Meeting

 ORDER OF BUSINESS

1.     OPENING

2.     NATIONAL ANTHEM

3.     PRAYER

4.     ACKNOWLEDGEMENT OF COUNTRY

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

5.     APOLOGIES / LEAVE OF ABSENCE  

6.     NOTICE OF WEBCASTING

7.     DISCLOSURES OF INTEREST

8.     PUBLIC FORUM

9.     CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

CCL041-20       Confirmation of the Minutes of the Ordinary Council Meeting held 27 July 2020

(Report by Executive Services Officer)................................. 5  

10.   MAYORAL MINUTE

NIL  

11.   CONDOLENCES

12.   COMMITTEE REPORTS

CCL042-20       Report of the Finance and Governance Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)................................. 7

CCL043-20       Report of the Assets and Infrastructure Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)................................. 9

CCL044-20       Report of the Community and Culture Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)................................ 10

CCL045-20       Report of the Environment and Planning Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)................................ 11


 

 

13.   ENVIRONMENT AND PLANNING

CCL046-20       DEFERRED REPORT FROM ENVIRONMENT AND PLANNING COMMITTEE MEETING 10 AUGUST 2020 (ENV030-20) - Public Exhibition of Draft Georges River Development Control Plan 2020

(Report by Senior Strategic Planner)................................... 13

14.   FINANCE AND GOVERNANCE

CCL047-20       Motions for 2020 Local Government NSW (LGNSW) Annual Conference

(Report by Manager, Office of the General Manager).......... 59

CCL048-20       COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - August 2020 Report

(Report by Manager, Office of the General Manager).......... 61

CCL049-20       2021/2022 New Rates Program for Georges River

(Report by Chief Financial Officer)...................................... 85

15.   ASSETS AND INFRASTRUCTURE

NIL

16.   COMMUNITY AND CULTURE

NIL

17.   NOTICES OF RESCISSION

NIL

18.   NOTICES OF MOTION

NM064-20        Accelerated Delivery of the Georges River Council Youtube Channel

(Report by Councillor Konjarski)......................................... 95

NM065-20        COVID-19: Maintaining and Enhancing Business Confidence into 2021 and Beyond

(Report by Councillor Liu)................................................... 96

NM066-20        Amendment to Debt Management and Hardship Policy (Investigation of Low Income Rate Rebate)

(Report by Councillor Tegg)................................................ 97

NM067-20        Congratulations to Georges River Council Officers - NSW Local Government Excellence Awards

(Report by Councillor Grekas)............................................ 98

NM068-20        Congratulations to Officers on the Establishment of Oatley West Early Learning Centre

(Report by Councillor Symington)...................................... 100

NM069-20        Donation to Red Cross Lebanese Appeal

(Report by Councillor Hindi).............................................. 101

NM070-20        Proposed Changes to Georges River Local Government Area Boundary

(Report by Councillor Badalati)......................................... 102

NM071-20        COVID-19: Public Attendance at Georges River Council Meetings

(Report by Councillor Hindi).............................................. 103

19.   QUESTIONS WITH NOTICE

QWN014-20     Media Statement - St George and Sutherland Shire Leader

(Report by Councillor Badalati)......................................... 105

QWN015-20     Status of Technical Investigations - Todd Park

(Report by Councillor Landsberry)..................................... 106

QWN016-20     Cafe/Kiosk in Carss Bush Park, Carwar Avenue, Carss Park - Lease Arrangements

(Report by Councillor Landsberry)..................................... 107   

 20.  CONFIDENTIAL (CLOSED SESSION)

CCL042A-20     Code of Conduct Investigation Report: Councillor Christina Wu

(Report by Complaint Coordinator (Director, Legal Services and General Counsel))  ................................................... 108

CCL043A-20     Code of Conduct Investigation Report: Councillor Vince Badalati

(Report by Complaint Coordinator (Chief Audit Executive)). 108


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                       Page 5

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Item:                CCL041-20       Confirmation of the Minutes of the Ordinary Council Meeting held 27 July 2020 

Author:            Executive Services Officer

Directorate:     Office of the General Manager

Matter Type:    Previous Minutes

 

 

RECOMMENDATION:

That the Minutes of the Ordinary Council Meeting held on 27 July 2020 be adopted.

 

EXECUTIVE SUMMARY

The Minutes of the Ordinary Council Meeting of 27 July 2020 and as provided to Councillors under separate cover, be adopted by Council as a true and correct record of that meeting.

Following adoption by Council the Minutes will be published on Council’s website.

 

FILE REFERENCE

SF19/3551

 

 

 

    


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                      Page 6

MAYORAL MINUTE  

NIL


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                       Page 8

COMMITTEE REPORTS

Item:                CCL042-20       Report of the Finance and Governance Committee Meeting held on 10 August 2020 

Author:            Executive Services Officer

Directorate:     Office of the General Manager

Matter Type:    Committee Reports

 

 

RECOMMENDATION:

That the Committee recommendations for Items FIN032-20 to FIN038-20 as detailed below be adopted by Council.

 

FIN032-20      Report on Outstanding Council Resolutions (Period up to and including 30 June 2020)

That the report on Outstanding Council Resolutions (period up to and including 30 June 2020), be received and noted.

 

FIN033-20      Local Government NSW (LGNSW) 2020 Annual Conference - Voting Delegates and Submission of Motions

That this item be deferred to a full Council meeting for discussion and voting.

 

FIN034-20      Administrative Matter - Execution of Documents Under Delegated Authority (1 July 2020 to 31 July 2020)

That Council note, for the period 1 July 2020 to 31 July 2020, there were two (2) documents executed by the General Manager under delegation.

 

FIN035-20      Audit, Risk and Improvement Committee Minutes from meetings held on 23 March and 13 July 2020

(a)    That the confirmed Minutes of the Audit, Risk and Improvement Committee Meeting held on the 23 March 2020 be received and noted.

(b)    That the unconfirmed Minutes of the Audit, Risk and Improvement Committee Meeting held on the 13 July 2020 be received and noted.

 

FIN036-20      Investment Report as at 30 June 2020

That Council receives and notes the contents of the Investment Report as at 30 June, 2020.

 

FIN037-20      NSW Government Grants to Georges River Council

That Council receives and notes the information contained within this report.

 

FIN038-20      Property Matter - Beverley Park Golf Course - Easement to Drain Water   from Adjoining Residential Property

(a)    That Council grants an Easement to Drain Water over Lot 1 in DP1115160, being part of the Beverley Park Golf Course as generally detailed in this report.

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

(c)    That Council note that all costs associated with the granting of the easement are met by the applicant.

 

 

FILE REFERENCE

D20/195889

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                      Page 9

Item:                CCL043-20       Report of the Assets and Infrastructure Committee Meeting held on 10 August 2020 

Author:            Executive Services Officer

Directorate:     Office of the General Manager

Matter Type:    Committee Reports

 

 

RECOMMENDATION:

That the Committee recommendations for Items ASS016-20 to ASS018-20 as detailed below be adopted by Council.

 

ASS016-20       Georges River Local Traffic Advisory Committee Meeting - 4 August 2020

That the recommendations contained within the minutes of the Georges River Local Traffic Advisory Committee Meeting held on 13 July 2020 be adopted by Council.

 

ASS017-20       Review of Bus Shelters within Georges River Local Government Area

That the report be received and noted.

 

ASS018-20       Tender for the Provision of Cleaning Services - T19/022

 

(a)    That, pursuant to Section 178 (1)(a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T19/022 Tender for Cleaning Services

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

(c)    That Council inform the unsuccessful tenderers of the resolution.

 

FILE REFERENCE

D20/195901

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 10

Item:                CCL044-20       Report of the Community and Culture Committee Meeting held on 10 August 2020  

Author:            Executive Services Officer

Directorate:     Office of the General Manager

Matter Type:    Committee Reports

 

 

RECOMMENDATION:

That the Committee recommendations for Items COM030-20 to COM033-20 as detailed below be adopted by Council.

 

         COM030-20    Quarterly Community Property Report 1 April to 30 June 2020

That Council receives and notes the Community Property Report for the period 1 April          2020 to 30 June 2020.

 

COM031-20     Connecting the Community with COVID-19 Safe Events

(a)    That Council approves the COVID-19 Safe Community Event Program as detailed in the report;

(b)    That Council reallocate $53,500 towards the COVID-19 Safe Community Event Program from the 2020/21 budget allocated for the sponsorship of community-run events;

(c)    That Council note the 2020/21 savings of $53,500 for the remainder of the sponsorship of community-run events; and

(d)    That the General Manager be authorised to undertake any necessary amendments to the ongoing Event Program arising from contingency planning and risk mitigation due to COVID-19 health advice or NSW Public Health Orders.

 

COM032-20     Hurstville City Centre Revitalisation Projects - Draft Concept Designs

(a)    That Council endorse the draft Hurstville City Centre Revitalisation public domain concept designs as attached to this report for community consultation and public exhibition.

(b)    That the General Manager actively seek appropriate grant funding for the construction of the key elements of the public domain identified in the draft concept designs.

(c)    That the General Manager write to the Member for Oatley and the Member for Banks to seek their support for funding for the construction of the key elements of the public domain identified in the draft concept designs.

 

COM033-20     Economic and Social Recovery Plan - August 2020 Update

That the report be received and noted.

FILE REFERENCE

SF20/1536  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 12

Item:                CCL045-20       Report of the Environment and Planning Committee Meeting held on 10 August 2020 

Author:            Executive Services Officer

Directorate:     Office of the General Manager

Matter Type:    Committee Reports

 

 

RECOMMENDATION:

That the Committee recommendations for Item ENV029-20, ENV031-20, ENV032-20 and ENV033-20 as detailed below be adopted by Council.

 

 

ENV029-20       Adoption of Local Housing Strategy and Inclusive Housing Strategy

(a)    That Council adopt the Local Housing Strategy and Inclusive Housing Strategy as strategic planning documents that will inform the development of policies and planning directions.

(b)    That Council delegate to the General Manager to approve any minor modifications in the finalisation of the Local Housing Strategy and Inclusive Housing Strategy.

(c)    That Council write to all those that made a submission advising them of the adoption of the Local Housing Strategy and the Inclusive Housing Strategy.

(d)    That the adopted copy of the Local Housing Strategy be forwarded to the Department of Planning, Industry and Environment.

 

ENV031-20       Adoption of Hurstville Oval and Timothy Reserve Plan of Management and Masterplan

(a)    That Council, pursuant to section 40(2)(b) of the NSW Local Government Act 1993, confirms that the amendments to the Hurstville Oval and Timothy Reserve Plan of Management are not substantial and do not require further public exhibition.

(b)    That Council adopt the Hurstville Oval and Timothy Reserve Plan of Management and Masterplan in accordance with section 40 of the NSW Local Government Act 1993 (LG Act) and in accordance with section 3.23(6) of the Crown Lands Management Act (CLM Act).

(c)    That Council authorise the General Manager to make minor editorial modifications in the finalisation of the Hurstville Oval Plan of Management and Masterplan.

(d)    That all individuals who provided a submission during the public exhibition of the Hurstville Oval Plan of Management and Masterplan be notified of Council’s decision.

(e)    That the adopted Plan of Management and Masterplan be forwarded to the Department of Planning, Industry and Environment - Crown Lands.

 

ENV032-20       Georges River Local Environmental Plan 2021 (Planning Proposal - Housing Choice and Capacity)

(a)    That Council resolve to prepare a Planning Proposal (stage 2 of the Principal LEP to be known as LEP 2021) to amend the Kogarah and Hurstville Local Environmental Plans (or if gazetted, Georges River LEP 2020) to promote housing choice and create capacity for additional dwellings to meet the Greater Sydney Commission’s 6-10 year housing target (3,450 - 4,250 additional dwellings).

(b)    That Council authorise the General Manager to execute the renewed funding agreement with the NSW Government to utilise the surplus grant funding from the Accelerated LEP Program to enable the preparation of stage 2 of the Principal LEP, the Georges River Local Environmental Plan 2021 (“LEP 2021”), and to commence stage 2 of the Commercial Centres Strategy including the preparation of the masterplan for the Mortdale Local Centre.

 

ENV033-20       Environmental Planning and Assessment (Local Infrastructure Contributions) Directions 2020

That Council note the provisions of the Environmental Planning and Assessment (Local Infrastructure Contributions) Directions 2020.

 

FILE REFERENCE

19/2261

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 58

ENVIRONMENT AND PLANNING

Item:                CCL046-20      DEFERRED REPORT FROM ENVIRONMENT AND PLANNING COMMITTEE MEETING 10 AUGUST 2020 (ENV030-20) - Public Exhibition of Draft Georges River Development Control Plan 2020 

Author:            Senior Strategic Planner

Directorate:     Environment and Planning

Matter Type:   Environment and Planning

 

 

RECOMMENDATION:

(a)    That Council commence the process of repealing the following DCPs pursuant to Clause 22(2) of the Environmental Planning and Assessment Regulations 2000:

a.     Kogarah DCP 2013

b.     Hurstville Control Plan 1 – applies to land within Penshurst, Mortdale and Hurstville wards

(b)    That Council commence the process to repeal the following Council policies:

a.     Interim Policy DCP (Policy #: Pol-061.01)

b.     Drainage and Onsite Detention Policy (replaced by Georges River Stormwater Management Policy 2019)

c.     Fencing adjacent to public roads (provisions in the draft Georges River DCP 2020)

d.     Balcony Enclosures in Residential flat buildings Policy (provisions in the draft Georges River DCP 2020)

e.     Satellite Dish Policy (provisions in the draft Georges River DCP 2020 and covered by Exempt and Complying SEPP)

f.      Code for the erection of private tennis courts (provisions in the draft Georges River DCP 2020)

g.     Stencilling of street driveways policy (provisions in the draft Georges River DCP 2020)

h.     Underground electricity cabling to developments policy (provisions in the draft Georges River DCP 2020)

i.      Design guidelines for absorption trenches (replaced by Georges River Stormwater Management Policy 2019)

j.      Rainwater Tanks Policy, adopted 18 December 2002 (replaced by Georges River Stormwater Management Policy 2019)

k.     Home Activities Policy, adopted 15 August 2001 (home occupations are permitted without consent)

l.      Code for Commercial Use of Public Footpaths (replaced by Georges River Council Local Approvals Policy – Use of Public Land dated 29 October 2018)

(c)    That Council note the retention of the following DCPs:

a.     Hurstville Development Control Plan Number 2 - Amendment No. 9 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Draft Georges River Local Environmental Plan 2020 Land Application Map.

b.     Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Draft Georges River Local Environmental Plan 2020 Land Application Map

(d)    That, as recommended by the Department of Planning Industry and Environment, the current notification provisions listed in the Development Control Plans below be repealed in accordance with Clause 22(2) of the Environmental Planning and Assessment Regulation 2000 by subsequent Development Control Plans:

i.    Section 2.4 of the Hurstville Development Control Plan Number 2 - Amendment No. 9 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

ii.    Section 2.2 of the Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

(e)    That Council endorse the draft Georges River Development Control Plan 2020 for public exhibition for a minimum of 60 days.

(f)     That Council publicly exhibit the draft Georges River Development Control Plan 2020 in accordance with the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000 and relevant COVID-19 Planning Orders issued by the NSW Minister for Planning and Public Spaces.

(g)    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 Development Control Plan 2020.

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

 

 

EXECUTIVE SUMMARY

1.     At its meeting of 23 April 2019, Council resolved to prepare a comprehensive Development Control Plan (DCP) for the Georges River Local Government Area to support the Georges River LEP 2020 (GRLEP 2020). The DCP has been prepared in four stages:

a.     Stage 1 – The Community Participation Plan

b.     Stage 2 – Introduction, general planning considerations, general land uses and land zoned IN2-Light Industry

c.     Stage 3 - Residential Controls and Precincts

d.     Stage 4 - Business Precincts.

2.     The draft Georges River Development Control Plan (GRDCP) 2020 has been prepared and is submitted to Council for consideration to be placed on community consultation in accordance with the Environmental Planning and Assessment Act 1979 and its Regulation.

3.     The draft GRDCP 2020 supports the draft GRLEP 2020.

4.     Section 3.43 of the Environmental Planning & Assessment Act 1979 (in summary) states that a provision of a DCP that is inconsistent with the provisions of an Environmental Planning Instrument has no effect.

5.     In bringing GRDCP 2020 into effect, the Council needs to begin the process of repealing the current DCPs, Interim DCP and former Hurstville Council policies. Clause 22(2) of the Environmental Planning and Assessment Regulations 2000 states that

(2)    A council may repeal a development control plan—

(a)    by a subsequent development control plan, or

(b)    by publishing notice of the decision to repeal the plan on its website.

(3)    At least 14 days before repealing a development control plan under subclause (2)(b), the council must publish notice of its intention to repeal the plan, and its reasons for the repeal, on its website.

(4)    The repeal of a development control plan under subclause (2) (b) takes effect on the date on which the notice is published on the council’s website.

6.     The report is broken up into the following sections to assist Council:

a.     Resolutions of Council

b.     Background

c.     Councillor briefings

d.     Approach to preparation of the draft GRDCP

e.     Content of the draft GRDCP

f.      Matters for consideration by Council

g.     Design Review Panel

h.     Repeal of DCPs and former Hurstville Council Policies

i.      Financial Implications

j.      Risk Implications

k.     Community Engagement

l.      Next Steps

7.     The report has the following Attachments:

a.     Attachment 1 – Final List of Car parking rates and their source

b.     Attachment 2 – Comparison Table of Key Draft GRCDCP controls for various residential styles

c.     Attachment 3 – GRDCP Table of Contents

d.     Attachment 4 – GRDCP Part 1 – Introduction

e.     Attachment 5 – GRDCP Part 2 – Application Process

f.      Attachment 6 – GRDCP Part 3 – General Planning Considerations

g.     Attachment 7 – GRDCP Part 4 – General Land Use

h.     Attachment 8 – GRDCP Part 5 – Residential Locality Statements

i.      Attachment 9 – GRDCP Part 6.1 – Low Density Residential Controls

j.      Attachment 10 – GRDCP Part 6.2 – Medium Density Residential Controls

k.     Attachment 11 – GRDCP Part 6.3 – High Density Residential Controls

l.      Attachment 12 – GRDCP Part 6.4 – Ancillary Development

m.    Attachment 13 – GRDCP Part 6.5 – Foreshore Locality Controls

n.     Attachment 14 - GRDCP Part 7 – Business Precincts

o.     Attachment 15 – GRDCP Part 8 – Kogarah Town Centre

p.     Attachment 16 – GRDCP Part 9 –Industrial Development

q.     Attachment 17 – GRDCP Part 10 – Precincts

r.      Attachment 18 – GRDCP Appendices

RESOLUTIONS OF COUNCIL

8.     Council resolved the following relating to development controls and the preparation of the GRDCP:

a.     Proposed Interim Policy Approach for Development Control Plans (Inconsistent Controls for Development) – dated 24/09/2018

b.     Preparation of a new Development Control Plan for the Kogarah Bay Precinct Princes Highway and the west side of the Princes Highway from Jubilee Avenue to Park Road – dated 23/04/2019

c.     Preparation of Development Control Plan Provisions for Mechanical Parking Installations in Developments within the Georges River LGA – dated 23/04/2019

d.     Preparation of a new Development Control Plan for restrictions on the provision or installation of hostile architecture – dated 26 August 2019

e.     Additional controls relating to use of rainwater for car wash bays in residential flat buildings and the further investigation and review of the setbacks, landscaped areas, and common open space to ensure compatibility between the scale of development at the point of transition between the low density residential zone and the adjoining higher density residential areas - Council resolution dated 25 May 2020 in adopting Part C2 Amendment.

9.     The preparation of the GRDCP has considered and addressed these resolutions of Council.

BACKGROUND

10.   Council has four Development Control Plans that apply to the Local Government Area:

a.     Hurstville Development Control Plan 1 - Applies to land within the Peakhurst, Mortdale and Hurstville Wards;

b.     Hurstville Development Control Plan Number 2 - Amendment No. 9 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map;

c.     Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map; and

d.     Kogarah Development Control Plan 2013 - Applies to land within the Blakehurst and Kogarah Bay Wards.

 

11.   Figure 1 depicts the area covered by each of the DCPs listed above.

Figure 1 – Area covered by each DCP

 

12.   At its meeting of 23 April 2019, Council resolved to prepare a comprehensive Development Control Plan for the Georges River Local Government Area to ensure that it supports the GRLEP 2020.

13.   The draft Georges River DCP 2020 (GRDCP 2020) was prepared in 4 stages:

a.     Stage 1 – The Community Participation Plan, which is a statutory document required under Section 2.23 of the EP&A Act 1979. This Plan was adopted by Council on 28 October 2019 and details how and when the community will be involved in planning matters. This is a separate document.

b.     Stage 2 – This stage covers:

i.    Introduction

ii.    General planning considerations

iii.   General land uses

iv.   Land zoned IN2-Light Industry

c.     Stage 3 - Residential controls and Precincts – This stage covers:

i.    Task 1 - Amendment to Part C2 Medium Density Housing of Kogarah DCP 2013

ii.    Task 2 – Low Density Housing

iii.   Task 3 – Multi Dwelling Housing, Multi Dwelling Housing (Terraces) and Manor Houses

iv.   Task 4 – Residential Flat Buildings

v.   Task 5 - Ancillary Structures

d.     Stage 4 - Business Precincts – Covers all business-zoned land in the LGA.

14.   Council engaged SJB Consultants to undertake Stages 2 and 3 of the DCP 2020. Stage 4 was undertaken in-house.

15.   The first task for Stage 3 of DCP 2020 was to prepare an amendment to Part C2 of Kogarah Development Control Plan 2013.

16.   At the 23 April 2019 meeting, Council also resolved that arising from the significant increase in development activity as a result of the New City Plan (Amendment No. 2) to the Kogarah Local Environmental Plan gazetted in May 2017 which permitted greater density (2:5 and 2:1) and height (21m), Council immediately proceed to prepare an amendment to Part C of the Kogarah Development Control Plan for the area generally bounded by the Princes Highway, Stubbs Street/Poulton Avenue and Wyuna Street, Beverley Park, and Park Road and John Street, Kogarah Bay as a first priority, and as a second priority, the west side of the Princes Highway from Jubilee Avenue to Park Road which is in part High Density B6 zone and in part High Density B2 zone. This amendment to the DCP is to address, but is not limited to the following matters:

a.     Site isolation and amalgamation

b.     Vehicular access, parking and circulation

c.     Traffic impact

d.     Landscape character

e.     Proposed building envelopes that provide a transition/interface to the land zoned R2 at the rear of these high density zones, which allow for a stepping down to a 9m height limit to the rear of developments that back onto R2 residential zones.

f.      Impact on Heritage Item I3 “Sunnyside” at 186-188 Princes Highway

17.   The draft amendment was briefed to Councillors on 16 September 2019 and was considered by Council at its meeting on 25 November 2019.

18.   Council at its meeting on 25 May 2020 and pursuant to Clause 21(1) (b) of the Environmental Planning and Assessment Regulations adopted the development control plan – being the “Kogarah Development Control Plan 2013 (Part C2 – Medium Density Housing Amendment)”.

19.   The multi-unit housing and residential flat building sections of the GRDCP correspond to that adopted by Council on 25 May 2020 for Part C2 of the Kogarah DCP except for the changes outlined in Table 3 of this report and the following two additional controls inserted to limit the extent of excavation and bulk and scale:

a.     Where topography conditions require a basement, the area of the basement should not exceed the area required to meet the car parking requirements for the development, access ramp to the parking, and storage requirements outlined in Section 1.16 of the DCP. Additional basement area to that required to satisfy these requirements may be included as floor space area when calculating floor space ratio.

b.     The maximum size of voids at the first floor level should be a cumulative total of 15m2 (excluding voids created by internal stairs).

 

COUNCILLOR BRIEFINGS HELD ON THE PREPARATION OF THE DRAFT GRDCP 2020

20.   The following Table 1 provides the summary of the briefings that have been held with Council on the contents of the Draft Georges River Development Control Plan 2020.

 

 

Table 1 – Summary of Councillor Briefings held

 

Date

Presentation Topic

 

Issues raised by Councillors

Direction/Action

02/07/2018

LEP and DCP Foreshore Review

This briefing provided an introduction to the LEP and DCP Foreshore Review. It covered:

·      The implementation in the Georges River Estuary Coastal Zone Management Plan 2013

·      A review of all current water and foreshore controls to the ridgeline as viewed from the water under all of the Council’s LEPs and DCPs

·      Visual assessment of foreshore based on photographic analysis of LGA

·      Preparation of a list of LEP and DCP controls that will apply across the LGA and that can be incorporated into the comprehensive LEP and DCP currently being prepared for the Georges River LGA

·      Preparation of a new Foreshore Building Line Map that will be incorporated into the GRLEP 2020

 

No issues raised.

Nil

15/10/2018

Review of Planning Controls for Foreshore Development

 

This briefing covered:

·      Coastal hazard, flood hazard risk and climate change

·      Suggestion that Council strengthen DCP controls to protect views, and incorporate Water Sensitive Urban Design principles and regulate subdivision.

 

The issues raised:

·      Relationship with Georges River Foreshore Access and Improvement Plan (FAIP)

·      Will the FBL change

 

Explanation provided – the FAIP has identified locations of publicly owned foreshore suitable for enhanced recreational access and links between key foreshore assets, opportunities to create resilient estuarine ecosystems and liveable community places. It also considers strategic projects where important access opportunities are identified and considered a high priority. In addition the plan identifies foreshore improvement works to enhance amenity and recreational opportunities such as the creation of formal walking and cycling trails.

The FBL was to be retained.

 

01/04/2019

Interim Policy DCP:

To propose an Interim Policy DCP for assessing development applications until such time as the GRDCP 2020 is adopted by Council. The Interim Policy addresses dwelling houses, dual occupancies, multi-unit dwellings and residential flat buildings, providing harmonised controls for setbacks, landscaped areas, private open space and communal open space, site frontages and solar access.

 

The issues raised were:

·      Side setbacks of the 1st floor for dwelling houses

·      Front setbacks being wholly concreted

·      Have a minimum % landscaped area

·      Excavation for basements

·      Provision of car parking

 

The issues raised were addressed in the final Interim Policy DCP which was adopted by Council on 11 June 2019.

01/04/2019

Draft Foreshore Planning Controls

This briefing covered:

·      DCP provisions for Dual Occupancies which link well with the Codes SEPP and are informed by the built form testing and the Low Rise Medium Density Design Guide:

·      New DCP provisions

Green Web

Siting (e.g. front and side setbacks)

Built Form (e.g. maximum length of building)

Landscaping (e.g. deep soil areas)

 

The issues raised were mainly related to the LEP provisions – which were incorporated into the Draft GRLEP 2020:

 

·      Concerned about the term Foreshore Scenic Protection Area and would be considered an environmentally sensitive area, which will result in excluding exempt and complying development.

·      Could the term Foreshore Scenic Protection Area (FSPA) be called something else

·      The FSPA and the area of the proposed extension into the former KCC seem excessive. Some of these areas are not suitable or relevant. 

·      What additional controls would be introduced in the FSPA?

 

DCP provisions have been included in the draft GRDCP, similar to those contained in the current Hurstville DCP 2012.

 

Council exhibited a reduced FSPA in accordance with the recommendations of the Foreshore Strategic Directions Paper (part of the Foreshore Review).

 

The LPP has resolved to retain the exhibited and reinstate the original FSPA. Further work on the role, mapped extent and zoning of the FSPA will be undertaken as part of the preparation of draft LEP in 2021/2022.

 

06/05/2019

Approach to the preparation of the GRDCP 2020

Staged approach to DCP explained to Council and is as follows:

 

·      Stage 1 – The Community Participation Plan

·      Stage 2 – Introduction, general planning considerations, general land uses and land zoned IN2-Light Industry

·      Stage 3 - Residential Controls and Precincts

·      Stage 4 - Business Precincts.

 

No issues raised.

Nil

05/08/2020

Foreshore Review –

Sea Level Rise

Councillors were briefed on sea level rise.

The main issue raised was the impact on private properties.

 

The draft GRLEP 2020 contains Clause 6.5 – Foreshore area and coastal hazards and risks which deals with the sea level rise affectation on properties. Council will be required to consider the impacts of sea level rise and tidal inundation as a result of climate change.

 

02/09/2019

Industrial Precincts in the GRDCP 2020 (Stage 2 DCP)

 

There are 8 industrial precincts within the Georges River LGA and all zoned IN2 Light Industrial under the draft GRLEP 2020. The Precincts are:

·      Blakehurst

·      Carlton

·      South Hurstville (Halstead Street)

·      Beverly Hills

·      Kingsgrove

·      Peakhurst

·      Penshurst (Forest Road)

·      Penshurst Lane

 

The Councillors were provided with a comparison of the Kogarah and Hurstville DCP controls relating to industrial zoned land and provided with a proposed set of controls covering:

·      Setbacks

·      Interface with residential development and zones

·      Landscaping and trees

 

Precinct controls were proposed for Blakehurst and Penshurst Lane.

 

Feedback included:

·      4.5m setback was agreed with

·      Request to reconsider the secondary road of 3m width – this may not be enough

·      3m landscaped setback to stormwater channels – it was stated that this setback may be difficult to achieve in the smaller industrial precincts

·      For Penshurst Lane Precinct, check the requirements to make sure that there is a viable site left after road widenings and tree setbacks.

 

These matters have been addressed in the draft DCP. Further work was carried out on the Penshurst Lane Precinct, including a tree survey.

16/09/2019

R3 Medium Density Residential Precincts in the KLEP 2012

(Stage 3 DCP)

 

As part of the preparation of Stage 3 – Residential of the GRDCP 2020, a draft amendment to Part C2 - Medium Density Housing of the Kogarah DCP 2013 was prepared as the first task to address inconsistencies between Kogarah LEP 2012 and Kogarah DCP 2013 and transition issues.

 

The following Issues were raised:

·      Relationship between landscape area and the private open space and the extent of its occurrence.

·      Confirmation to delete the inconsistent planning control table and envelope controls in the current Part C2 - Medium Density Housing of the Kogarah DCP 2013 was provided.

·      Question raised on how to ensure that the owners have received a good offer in relation to the matter of site isolation

Clause 6.13 in the draft GRLEP 2020 indicates that the development to which SEPP65 applies is excluded from the 10% minimum landscaped area requirement in Zone R4 High Density Residential.

Therefore this requirement has been deleted from the Landscaped areas and private open space section of Part 1 of the DCP and reference has been made to the NSW Government’s ADG requirement for deep soil (7% of site area)

The inconsistent planning control table and envelope controls have been removed from the draft DCP.

The draft DCP includes controls to encourage site consolidation. It also provides controls in case the amalgamation of the isolated site is not able to occur including requiring Council to get an independent valuation done.

 

04/11/2019

Stage 3 DCP – Dwelling Houses, narrow lot housing, dual occupancies (attached and detached) and secondary dwellings.

The Councillors were provided with a comparison of the Kogarah and Hurstville DCP controls relating to dwelling houses, narrow lot housing, dual occupancies (attached and detached) and secondary dwellings and provided with a proposed set of controls covering:

 

·      Setbacks

·      Wall heights

·      Principal open space

·      Impervious areas

·      Fencing

·      Roof top terraces

·      Extent of glazing used on waterfront dwellings

·      View sharing planning principle to be relied on for view sharing assessments.

·      Elevated rear facing balconies to be provided with privacy screens/solid walls on the side elevations

Councillors requested:

·      Separate controls for dwelling houses and dual occupancies

·      For corner blocks have a front setback and a side setback. If a garage fronts a secondary street then a setback of 5.5m required for additional on-site parking.

·      Require modulation in buildings and buildings have to address both streets if the site is a corner site

·      Side setbacks of 900mm and 1200mm to be streamlined in accordance with site widths and whether it is alterations/additions or newly built dwellings

·      Investigate a building setback to the foreshore

·      Controls for sloping sites to be incorporated

·      Provide wall heights

·      Rooftop terraces should not be allowed

·      Facades fronting the foreshore should be broken up – made interesting

·      Clarify basement setbacks

·      Discouraged the inclusion of a maximum impervious area (as a percentage of the site area) in the low density housing.

 

Controls for low density housing styles in the LGA are included in the DCP.

 

In response to impervious areas, the control related to impervious area in the Landscaping section of the DCP has a reduced impervious area of 40% of the setback area.

 

The other matters raised by Councillors have been incorporated into various sections of the DCP, including clarification of setbacks, modulation in building facades to streets & the foreshore, controls for sloping sites and basement setbacks.

17/02/2020

Stage 2 DCP – General Controls and General land use Types

 

General controls and general land uses briefed to Councillors. It involved a comparison of Kogarah and Hurstville DCP controls as well as a benchmark against other Council DCPs.

 

The only new general controls included were:

·      Earthworks - groups construction management controls 

·      Coastal Hazards and Risk i.e. sea level rise

·      Parking Access and Transport - added end of trip & bicycle controls (NB: Does not include review of car parking controls)

·      Public Domain including Public Art

·      View Impacts

 

The only new general land uses included were:

·      Tourist and Visitor Accommodation (Backpackers, Bed and Breakfast, Motel / Hotel, Serviced Apartments, Short-term Rental Accommodation)

·      Vehicle Repairs, Sales and Hire Premises

·      Swimming pools relocated to Residential Chapter

 

The focus was on simplification i.e. plain English, objectives and controls; updated references to draft LEP, current NSW legislation/ guidance policies, and Australian Standards; relocate DA submission requirements to DA checklist and guidelines and deferral to other Council policy documents / studies e.g. Local Approvals Policy (Outdoor dining).

 

No changes required as a result of the briefing.

 

Nil.

17/02/2020

Stage 3 DCP – multi dwelling housing, multi dwelling housing (terraces) and manor houses

 

The proposed DCP controls seek to complement GRLEP 2020 controls and respond to the controls contained within the Codes SEPP and Low Rise Medium Density Design Guide – Development Applications.

 

·      Question rose regarding car parking for terraces that are allowed on Torrens title land, specifically visitor spaces.

 

·      Question rose regarding number of lots in the LGA that can accommodate medium density development. Around 650 lots identified; Peakhurst / Penshurst area has 15m to 18m wide lots and the Culwulla Street, South Hurstville area has around 600sqm lots; where Council’s controls can be requested in the Low Rise Medium Density Design Code.

 

·      The intent and circumstances around the 5m single storey height restriction at the rear of the lot in the Multi Dwelling Housing was questioned and whether it was to apply at the transition of R2 and R3 zones.

 

The recommended car parking was 1 space per dwelling (no visitor) for Manor Houses, 1 space per dwelling and 1 visitor space per 5 units or part thereof Multi Dwelling Housing (terraces) and 1.5 spaces for Multi Dwelling Housing and 1 visitor space for 5 dwellings or part thereof for Multi-dwelling Housing (excluding terraces)

 

It was clarified that the rear dwelling should be single storey, not 5m to avoid any privacy concerns. This control needs to apply at the interface between the R2 and R3 zones and not where R3 abuts R3.

 

02/03/2020

Georges River Car Parking Strategy

 

Car parking rates for retail and commercial uses were discussed in this briefing on the Georges River Car Parking Strategy. At the Council Meeting on 27 April 2020, Council endorsed the Position Paper and the Car Parking Strategy.

 

Car parking rates were established for business and office premises, retail premises (shops), restaurants and cafes; and medical centres.

 

Attachment 1 to this report indicates the final list of car parking rates and where they have been sourced from and is provided for the Council’s information.

 

Councillors agreed with the overall rates for retail/commercial, shops, restaurants/cafes and medical centres.

 

Suggestion for increasing the car parking rates for restaurants. 

 

Suggestion to include rates for reception halls.

Council recommended amending the rates for restaurants from 1 space per 60sqm to 1 per 40sqm.

 

The car parking rates for reception halls need to be calculated as part of a community facility on individual basis and thus a specific parking rate for the facility cannot be recommended.

02/03/2020

Stage 3 DCP – Residential flat buildings

 

The following issues raised in the submissions received to the draft C2 DCP were discussed with Councillors:

 

·      Combination of two setbacks - 5.0metres for 75% of the width of the building and 7.0metres for the remaining 25%

·      Transition for high rise buildings to be reduced to 3 storeys and not four, for example, LEP requires 21m height in the vicinity of 9m

·      Eliminating encroachments in the front setbacks to encourage deep soil planting

·      Prohibit rooftop Common Open Space (COS) – will cause significant acoustic impacts and have an adverse impact on the amenity of adjoining developments

·      Question raised regarding why the rooftop COS is permitted in R3 and R4 zones and not R2.

·      Reiterated that the parapet heights need to be included in the 21m maximum permissible height in R3/R4 zones.

·      Permissibility of shops in R4 zones and their maximum size - in areas like Carlton, there is a possibility of residential above a café downstairs. Also, while shop top housing is permitted in the R4 zones, RFBs are also permitted, which means there could be commercial/retail use on ground along the street with residential on top; while the rear could have residential both on the ground and the levels above.

 

In response to the direction provided the following have been incorporated in the residential flat buildings section of the DCP:

·      A consistent front setback

·      For the interface issue at the R2/R4 boundary - use the setback control and leave the podium 4 storeys as exhibited in amendment to C2 to Kogarah DCP 2013.

·      3m of the front setback near the property boundary to be landscaped/deep soil and the rest be Private Open Space

·      The rooftop COS will have 3m setback from the edge of the roof, which will be non-trafficable. It will be landscaped and have a physical barrier. The Local Planning Panel has been permitting a mix of ground and rooftop COS.

·      120sqm maximum size of shops in the R4 zones

16/03/2020

Stage 4 DCP – commercial centres

·      Approach for the commercial centres is “Harmonisation”.

·      Hurstville Development Control Plan Number 2 - Amendment No. 5 applies to 3 sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map - Civic Precinct, Westfield and Treacy Street Carpark sites. This DCP needs to be retained for the Civic Precinct and the Westfield sites.

·      Hurstville Development Control Plan Number 2 - Amendment No. 9 applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map. This DCP needs to be retained for all sites within the Hurstville City Centre excluding the Civic Precinct and the Westfield sites which will be ‘deferred matters’ under the Hurstville Development Control Plan Number 2 - Amendment No. 5.

·      Move the controls relating to centres from the Hurstville Development Control Plan 1 which applies to land within the Peakhurst, Mortdale and Hurstville Wards and Kogarah Development Control Plan 2013 which applies to land within the Blakehurst and Kogarah Bay Wards into a new Part 4 – Commercial Centres section of the draft GRDCP 2020

·      Generally no introduction of new controls until after Commercial Centres Strategy completed in 2022 except for:

B6 – Enterprise Corridor Controls;

Supermarket controls (shopping trolley management);

Interface controls – as per the recent amendments to Section C2 of the Kogarah DCP 2013; and

Green walls/roofs.

 

 

The following matters  were raised:

·      Investigate green walls/roofs

·      Facade articulation

·      Hostile architecture

·      Rezoning of B6 zone

 

The GRDCP includes controls in relation to the matters raised by Councillors.

 

The rezoning of B6 zone was not recommended, rather the scope for site amalgamations needs to be investigated to enable the bulky goods retailing permissible in B6 zones.

 

APPROACH TO THE PREPARATION OF THE GEORGES RIVER DCP 2020

21.   A staged approach to the DCP was taken as follows:

 

Stage 1 - Notification Requirements

22.   This section is similar to both the former Hurstville and Kogarah DCPs but includes Council’s Pre-lodgement Advisory Service.

23.   Section 402 of the Local Government Act 1993 stipulates that councils must establish and implement a strategy (its Community Engagement Strategy), based on social justice principles, for engagement with the local community.

24.   Reforms to the Environmental Planning and Assessment Act 1979 (EP&A Act) required councils across NSW to prepare Community Participation Plans (CPPs) by December 2019. Georges River Council prepared a Georges River Community Engagement Strategy 2018-2028 (CES) to replace Council’s existing Community Engagement Strategy (originally adopted by Council on 5 June 2017). The CES includes the Council’s CPP.

25.   The CES was adopted by Council at its meeting held 28 October 2019. The CES sets out Council’s engagement approach and framework to guide how and when Council will engage with the community and the methods and tools to be used in engagement activities. It also stipulates engagement timeframes and notification requirements relevant to the EP&A Act and key engagement timeframes, from the Local Government Act 1993.

26.   Part C of the CES contains the same notification controls that are in the current Council DCPs. The aim of Part C is to:

a.     Enable public participation in the consideration of Development Applications.

b.     Provide a process for property owners and residents to make submissions.

c.     Provide a process when notification is required.

d.     Set out the matters Council will consider when forming its opinion as to whether or not the enjoyment of adjoining and neighbouring land may be detrimentally affected by a development after its completion.

e.     Ensure notification of landholders who may be affected by a development application even though they do not own adjoining land.

f.      Define the circumstances when notification is not required.

27.   The Department of Planning, Industry and Environment (DPIE) has advised that Council should now revoke the notification requirements from any DCP as the CPP is now made.

28.   When Council adopted the CES on 28 October 2019 it also resolved:

That, as recommended by the Department of Planning Industry and Environment, the current notification provisions listed in the Development Control Plans below be repealed in accordance with Clause 22(2) of the Environmental Planning and Assessment Regulation 2000 by subsequent Development Control Plans:

i.    Section 2.2 of the Hurstville Development Control Plan 1 - Applies to land within the Peakhurst, Mortdale and Hurstville Wards.

ii.    Section 2.4 of the Hurstville Development Control Plan Number 2 - Amendment No. 9 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

iii.   Section 2.2 of the Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

iv.   Part A2 of the Kogarah Development Control Plan 2013 - Applies to land within the Blakehurst and Kogarah Bay Wards.

29.   The following DCPs will be revoked upon adoption of the new GRDCP 2020:

a.     Hurstville Development Control Plan 1 - Applies to land within the Peakhurst, Mortdale and Hurstville Wards; and

b.     Kogarah Development Control Plan 2013 - Applies to land within the Blakehurst and Kogarah Bay Wards.

30.   Therefore the current notification provisions listed in the Development Control Plans below will still need to be repealed in accordance with Clause 22(2) of the Environmental Planning and Assessment Regulation 2000 by subsequent Development Control Plans:

a.     Section 2.4 of the Hurstville Development Control Plan Number 2 - Amendment No. 9 - Applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

b.     Section 2.2 of the Hurstville Development Control Plan Number 2 - Amendment No. 5 - Applies to sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map.

Stage 2 - General Controls and Industrial Character Statements

31.   Components of this stage were briefed to Councillors and a comparison of Kogarah and Hurstville DCP controls was benchmarked against other Council DCPs.

32.   Council officers were supported by SJB Planning and Architecture in developing Stage 2 of the DCP which covered:

a.     Introduction

b.     Application process for development within the LGA

c.     General planning considerations such as biodiversity, landscaping, bush fire prone land, earthworks, contaminated land, heritage, views, risks, water management, waste management, ESD, parking access, utilities, subdivision, signage and noise and vibration

d.     General land uses such as child care facilities, places of public worship, tourist and visitor accommodation, boarding houses, late night trading, vehicle repairs, sales and hire premises

e.     Industrial precincts and controls including built form, setbacks, landscaping, vehicle access, signage, environmental protection, creative industries and industrial/sensitive landuse interface.

 

Stage 3 – Residential (including Kogarah North Precinct)

33.   This section included reviewing the previous residential locality statements under former Kogarah LGA as a basis for locality boundaries. Sections of various residential types were briefed to Councillors for their guidance and advice. The RFB section corresponds to that adopted by Council on 25 May 2020 for Part C2 of the Kogarah DCP 2013 except for the matters outlined in Table 3.

34.   Council officers were supported by SJB Planning and Architecture in developing Stage 3 of the DCP which covered:

a.     Locality Statements for each suburb

b.     Dwellings, dual occupancies (attached and detached), secondary dwellings, and dual key dwellings

c.     Multi-unit housing (terraces) and manor houses

d.     Residential flat buildings

e.     Ancillary structures

f.      Kogarah North Precinct – has been reviewed by Council officers in light of the recent court cases. Please refer to paragraphs 84-89 for an overview of the changes.

Stage 4 – Commercial Centres

35.   This stage included the preparation of controls for commercial centres within the LGA and included general controls, controls for B2 Local Centres and B6 Enterprise Corridor.

36.   This stage of the Draft GRDCP 2020 was developed in-house.

37.   Council adopted the Commercial Centres Strategy – Stage 1 Centres Analysis (the ‘Strategy’) at its meeting held 24 February 2020 (Refer Figure 2).

38.   Stage 1 of the Strategy draws on an evidence base informed by independent expert advice, community input and an in-depth review of all centres to support the on-going viability of all centres in the LGA.

39.   The primary purpose of this part is to inform the preparation of GRLEP 2020. This will help to work out an appropriate mix of employment and residential floor space to ensure that the provision of additional housing does not affect the viability of commercial centres and jobs growth.

40.   Stage 1 also conducted a stocktake of all 48 commercial centres in the LGA – providing local context, existing floor space, GRLEP 2020 and GRLEP 2022 recommendations which have been utilised in the Centre Precinct Controls. Stage 1 of the Strategy does not propose any zoning changes as part of GRLEP 2020. Proposed LEP recommendations relate to changes in land use permissibility and the minimum non-residential floor space ratio (“FSR”).  Further investigations are required in Part 2 of this Strategy to inform LEP 2022 and beyond.

 

Figure 2 – Existing Centres Hierarchy

 

41.   Therefore the following approach has been taken for the centres within the LGA:

a.     Hurstville Development Control Plan Number 2 - Amendment No. 5 currently applies to three sites within the Hurstville City Centre identified as 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map – the Civic Precinct, the Westfield and the Treacy Street Carpark sites. Refer to Figure 3 for the location of the three sites.

The Schedule of Conditions dated 10 March 2020 to the Gateway Determination for GRLEP 2020 required that the Georges River planning proposal be amended “prior to community consultation to delete the inclusion of the Civic Precinct and Westfield sites. Insufficient information is provided to enable assessment of the rezoning of these sites for Gateway determination. Council is encouraged to pursue rezoning of these sites as part of a future planning proposal. With regards to the Treacy Street Carpark site, the planning proposal is to be amended prior to community consultation to clearly differentiate the proposal from the former proposal granted Gateway in 2017, including an explanation of the difference in development.

This DCP will be retained for the Civic Precinct and the Westfield sites.

Figure 3 – Location of the Deferred Matters Sites

 

b.     Hurstville Development Control Plan Number 2 - Amendment No. 9 applies to sites within the Hurstville City Centre excluding the 'deferred matters' on the Hurstville Local Environmental Plan 2012 Land Application Map (Refer to Figure 3 for the sites). This DCP will be retained for all sites within the Hurstville City Centre excluding the Civic Precinct and the Westfield sites which will be ‘deferred matters’ under the Hurstville Development Control Plan Number 2 - Amendment No. 5.

The Treacy Street Carpark site will be included in HDCP No. 2 (Amend 9) as it will be zoned under the Georges River LEP 2020 (See Figure 4).

 

Figure 4 – Hurstville City Centre

 

c.     The controls relating to centres in the Hurstville Development Control Plan 1 which applies to land within the Peakhurst, Mortdale and Hurstville Wards and in the Kogarah Development Control Plan 2013 which applies to land within the Blakehurst and Kogarah Bay Wards will be moved into a new Commercial Centres section in the Georges River DCP 2020. The controls incorporated into the draft GRDCP are:

·        From the Hurstville DCP 1:

o   Built form and setbacks

o   Façade treatments

o   Pedestrian access

o   Active street frontages

o   Public domain

o   Beverly Hills, Riverwood and Mashman Site Kingsgrove

·        From the Kogarah Development Control Plan 2013:

o   Part D1 - Development in B1 and B2 zones – the majority of the controls have been relocated into Stage 3 – DCP General Controls

o   Locality controls for - Blakehurst (Princes Highway), Carlton/ Kogarah Bay (Princes Highway), Oatley (Oatley Ave/Frederick St) and Ramsgate

 

d.     Simplifying of controls (i.e. no repetition of ADG controls)

i.    Removal of controls that conflict with the LEP (i.e. FSR & HOB) including building envelope controls (not required as FSR & height are set. As Council is aware Section 3.43 of the Environmental Planning & Assessment Act 1979 (in summary) states that a provision of a DCP that is inconsistent with the provisions of an Environmental Planning Instrument has no effect. Therefore as heights and FSRs are included in the draft GRLEP they are not permitted in the draft GRDCP.

ii.    Removal of the B1 and B2 precinct controls under Kogarah DCP 2013 that do not align with the draft GRLEP controls and the harmonisation of the remaining precinct controls under general controls;

iii.   Removal of repetition in the Hurstville DCPs;

iv.   Generally no introduction of new controls until after Commercial Centres Strategy completed in 2022 except for:

·        B6 – Enterprise Corridor controls

·        Supermarket controls (Shopping Trolley Management Plan);

·        Interface controls – as per recent amendments to Part C2 of Kogarah DCP 2013.

·        Green walls/roofs

 

CONTENT OF THE DRAFT GEORGES RIVER DCP

42.   The following Table 2 outlines the content of the draft DCP along with comments.

 

Table 2 – Table of Contents (Refer Attachment 3)

 

List of Contents

Comments

Part 1 – Introduction (Attachment 4)

 

1.1 Name of Development Control Plan

1.2 Adoption Date and Commencement

1.3 Role of the DCP

1.4 Principles and Purpose of the DCP

1.5 Monitoring and Review

1.6 Relationship to other Planning Documents and Instruments

1.7 Application of the DCP

1.8 Structure of this DCP

1.9 How to use this DCP

1.10 List of Development Contributions and Planning Agreements Policy

1.11 List of Amendments to this DCP

 

This section outlines the administrative and governance issues for the DCP and covers areas of:

·      Role of DCP – contains detail for the design and assessment of developments within the LGA

·      Application of the DCP – applies to:

all land within the LGA, with the exception of deferred matters including the Westfield and the Civic Precinct sites

categories of developments such as residential, business, industrial and general landuses.

Part 2 - Application Process (Attachment 5)

 

2.1 Introduction

2.2 Pre-lodgement Advisory Service

2.3 Types of Development

2.3.1 Aims of this Section

2.3.2 What are the Types of Development?

2.3.3 Exempt and Development

2.4 Neighbourhood Notification and Advertising of Development Applications

 

 

This section provides information on:

·      Pre-lodgement process

·      Development types – exempt, complying and local, requiring the lodgement of development applications.

·      Neighbour notification provisions and requirements are contained within the Georges River Council Community Engagement Strategy

Part 3 - General Planning Considerations (Attachment 6)

 

3.1 Introduction

3.2 Biodiversity

3.2.1 Trees & Vegetation

3.2.2 Green Web

3.3 Landscaping

3.4 Bushfire Prone Land

3.5 Earthworks

3.5.1 Excavation (including cut and fill)

3.5.2 Construction Management / Erosion and Sediment Control

3.6 Contaminated Land

3.7 Heritage

3.7.1 Aboriginal Cultural Heritage

3.7.2 Non-Aboriginal Heritage

3.7.3 Archaeological Management

3.7.4 Heritage Items – Site specific Requirements

3.7.5 Heritage Conservation Areas

3.7.6 Development in the vicinity of a Heritage Item or Heritage Conservation Area

3.8 Views Impacts

3.9 Coastal Hazards and Risks

3.9.1 Coastal Management

3.9.2 Sea Level Rise

3.10 Water Management

3.11 Ecologically Sustainable Development

3.11.1 Energy and Water Efficiency

3.12 Waste Management

3.13 Parking Access and Transport

3.14 Utilities

3.15 Public Domain

3.15.1 Infrastructure

3.15.2 Public Art

3.16 Subdivision and Amalgamation

3.16.1 Lot Size and Shape

3.16.2 Roads, Vehicular Access and Car Parking

3.16.3 Utilities and Services

3.16.4 Drainage

3.17 Universal/Accessible design

3.18 Advertising and Signage

3.19 Crime Prevention/ Safety and Security

3.20 Noise and Vibration

3.20.1 Aircraft Noise and OLS

3.20.2 Development near Road and Rail Corridors

3.20.3 Noise Generating Development

 

This section of the DCP contains controls that assist in ensuring the protection of the environment. It also includes controls for all development for areas such as heritage, waste, parking and access, public domain work, noise vibration.

 

An outline of the intention of some of the key controls in this section are summarised below:

 

·      Biodiversity – controls to ensure the protection of existing trees, requirement for the replacement of trees and maximising tree canopy coverage for habitat and connectivity of bushland.

·      Landscaping – controls that encourage the landscaping of development sites to reduce the visual and environmental impact of the built form, the public domain as well as providing habitat for local wildlife. The controls aim to assist in creating a distinct landscape character for the LGA. The provisions in the DCP complement the landscape requirements in Georges River LEP 2020.

·      Earthworks – the aim of the control is to ensure that the natural topography and landform of an area is maintained, the visual impact of development is minimised and earthworks protect the integrity of the geological elements and do not impact stormwater flows or increase flood conditions. For example, cut and fill should not alter the existing ground level by more than 1m.

·      Parking Access and Transport – the car parking rates for a comprehensive range of development types are outlined within  the control with key rates being:

 

·      Car parking rates for Hurstville and Kogarah Centres

 

Land Use Types

Parking Rate (Minimum)

Business and Office

·        1 space per 60m2 (GFA)

Retail Premises (Shops)

·        1 space per 60m2 (GFA)

Restaurant or Cafés

·        1 space per 40m2 (GFA)

Medical Centre

·        1 space per 50m2 (GFA)

·        NB: Transport and Parking Assessment Study required

 

·      Car Parking Rates for other Centres

 

Specific Commercial / Retail

≤800m walking distance of Railway station

≥800m walking distance of Railway station

Business and Commercial

1 space per 60m2 (GFA)

1 space per 60m2 (GFA)

Retail Premises (Shops)

1 space per 60m2 (GFA)

1 space per 60m2 (GFA)

Restaurant or Cafés

1 space per 60m2 (GFA)

1 space per 60m2 (GFA)

Medical Centre

1 space per 60m2 (GFA)

1 space per 60m2 (GFA)

 

·      Car parking rates for other key landuse types

 

Residential Accommodation

Car Parking Rates

Attached Dwelling

·        1 space per 1 and 2 beds

·        2 spaces per 3 beds or more

·        1 visitor space per 4 dwellings or part thereof for developments of 4 dwellings or more

Dual Occupancy

·        1 garage space and 1 driveway space per dwelling

Dwelling House

·        1 space per 1 and 2 beds

·        2 spaces per 3 beds or more

Secondary Dwellings

·        N/A for secondary dwellings

·        NB: Car parking rate for principal dwelling is to be achieved

Multi-dwelling housing (terraces)

·        1 space per dwelling

·        1 visitor space per 5 units or part thereof and 1 designated car wash bay which may also be a visitor space

Multi-dwelling housing (excluding terraces)

·        1.5 spaces per dwelling

·        1 visitor space per 5 units or part thereof and 1 designated car wash bay which may also be a visitor space

Residential flat building

·        1 space per 1 and 2 beds

·        2 spaces per 3 beds or more

·        1 visitor space per 5 units or part thereof and 1 designated car wash bay which may also be a visitor space

Shop-top housing / mixed use development (residential component)

·        1 space per 1 and 2 beds

·        2 spaces per 3 beds or more

·        1 visitor space per 5 units or part thereof and 1 designated car wash bay which may also be a visitor space

 

·      Public Domain including Public Art – the controls ensure that development is designed and constructed to complement and enhance the public domain, the elements of street furniture, street plantings and foot path improvements. The control also requires the provision of public art in major developments (capital investment value over $5 million) – with 1% of the total cost of the development allocated to public art.

 

Part 4 – General Land Use (Attachment 7)

 

4.1 Introduction

4.2 Early Education and Child Care facilities

4.2.1 Building Setbacks

4.2.2 Provision of Parking

4.2.3 Signage

4.4.4 Management of Operation

4.3 Places of Public Worship

4.3.1 Locational and Site Requirements

4.3.2 Bulk and Scale

4.3.3 Building Design

4.3.4 Solar Access

4.3.5 Energy Efficiency

4.3.6 Traffic, access and Parking

4.3.7 Amenity Impacts

4.3.8 Open Space and Landscaping

4.3.9 Site Facilities, services and Signage

4.3.10 Safety and Security

4.3.11 Management and Operations

4.4 Sex Services Premises

4.4.1 Location of Premises

4.4.2 Layout of Premises

4.4.3 Parking and Access

4.4.4 Hours of Operation

4.4.5 Size of Premises

4.4.6 Noise

4.4.7 Signage

4.4.8 Health and Safety Requirements

4.4.9 Management of Operations

4.5 Restricted Premises

4.5.1 Location of Premises

4.5.2 Layout of Premise

4.5.3 Parking and Access

4.5.4 Display of Goods and Signage

4.6 Tourist and Visitor Accommodation

4.6.1 Backpackers Accommodation

4.6.2 Bed and Breakfast Accommodation

4.6.3 Hotel and Motel Accommodation

4.6.4 Serviced Apartments

4.6.5 Short Term Rental Accommodation

4.7 Boarding Houses

4.8 Vehicle Repairs, Sales and Hire Premises

4.8.1 Vehicle body repair workshops and vehicle repair stations

4.8.2 Vehicle and Hire Premises

4.9 Telecommunications Facilities

 

This section contains controls for a broad range of landuses. A summary of the intent of the key controls in this section are outlined below:

 

·      Early Education and Child care facilities – the controls relate to building setbacks, parking, signage and provisions to guide the management of operations and support the controls within SEPP (Educational Establishments and Child Care Facilities) 2017

·      Places of Public Worship – the controls for this landuse are discussed in paragraphs 82-83 of this report.

·      Sex Services Premises and Restricted Premises – controls are aimed at ensuring such premises are sensitively located and do not cause offense to the community. The controls relate to hours of operations, size of premises and management of operations.

·      Tourist and Visitor Accommodation – This control guides development for alterations and additions, change of use or new visitor accommodation; including backpackers accommodation, bed and breakfast and serviced apartments. The controls focus on occupation period, number of bedrooms/occupants, communal areas and hours of operation

·      Boarding houses – The controls relate to sleeping room requirements, internal communal areas, communal open space, bathroom / laundries and are in addition to the provisions contained in the SEPP (Affordable Rental Housing) 2009.

·      Neighbourhood shops in Residential Zones – Shops are permitted in R3 Medium Density and R4 High Density Residential zones. The controls encourage the built form, design and operation to be in character with the local area.

 

Part 5 – Residential Locality Statements (Attachments 8)

 

Locality Statements for residential areas

5.1 Riverwood

5.2 Beverly Hills and Narwee

5.3 Kingsgrove

5.4 Peakhurst

5.5 Penshurst

         5.5.1 Penshurst North

         5.5.2 Penshurst South

5.6 Hurstville (non-CBD)

5.7 Lugarno

5.8 Peakhurst Heights

5.9 Mortdale

5.10 Oatley

         5.10.1 Oatley East

         5.10.2 Oatley West

5.11 Hurstville Grove

5.12 South Hurstville

5.13 Allawah

5.14 Carlton

5.14.1 Carlton North

5.14.2 Carlton South

5.15 Kogarah South

5.16 Connells Point and Kyle Bay

5.17 Blakehurst

5.18 Carss Park and Kogarah Bay

5.19 Beverley Park and Ramsgate

5.20 Sans Souci and Ramsgate

 

This section contains locality statements for each suburb, which are locality specific and identify the unique qualities that make up the local character of the area and provide the future desired character guidelines.

 

The statement provides information on:

 

·      Location

·      Background

·      Heritage

·      Built Form and Setting

·      Streetscape Character

·      Future Desired Character

 

 

Part 6 – Residential Controls (Attachments 9-13)

 

This part outlines the controls for a range of residential accommodation that can be developed in the LGA. A broad overview of the controls for each accommodation type are outlined below:

 

Part 6.1

(Attachment 9)

Dwellings, Dual occupancies (attached and detached), secondary dwellings, Dual key dwellings, Narrow Lot Housing and ancillary dwellings

This part provides controls for a range of low density housing styles for the following development elements:

 

·      Streetscape character and built form

·      Building Scale and Height

·      Setbacks

·      Solar Access

·      Visual Privacy

·      Noise

·      Excavation

·      Vehicular Access, Parking and Circulation

·      Subdivision

·      Private Open Space

·      Landscaping

·      Materials, Colour Scheme and Details

·      Site Facilities

 

Refer to Attachment 2 for a comparison table of key DCP controls for the various residential styles.

 

Part 6.2

(Attachment 10)

Multi-dwelling housing, Multi-dwelling housing (terraces) and Manor Houses

 

This part provides the controls for multi dwelling housing of villas, terraces, manor houses and other forms of low rise medium density housing. The development controls address the following:

 

·      Minimum Site Requirements

·      Building Scale and Height

·      Streetscape Character and Built Form

·      Building Setbacks

·      Façade Treatment and Street Corners

·      Orientation and Public Domain Interface

·      Landscaped Area and Private Open Space

·      Visual Privacy

·      Acoustic Privacy

·      Solar Access

·      Excavation (cut and fill)

·      Vehicular access, parking and circulation

·      Waste and recycling Storage

·      Dwelling mix and size

·      Storage

·      Universal and Adaptable Design

·      Materials, Colour Schemes and Details

·      Subdivision

 

Refer to Attachment 2 for a comparison table of key DCP controls for the various residential styles.

 

Part 6. 3

(Attachment 11)

Residential Flat Buildings

 

This part contains the design controls for residential flat buildings. This part does not apply to for residential flat buildings located in Kogarah North Precinct as this development is governed by a separate Part 10 Kogarah North Precinct of this DCP. The controls, where applicable reference SEPP 65 and parts 3 and 4 of the Apartment Design Guide. Applications for residential flat buildings subject to SEPP 65 must be supported by a Design Verification Statement. This part contains development controls that address the following:

 

·      Minimum Site Requirements

·      Site Isolation and Amalgamation

·      Building Setbacks and street interface

·      Basement Setbacks

·      Façade Treatment and Street Corners

·      Landscaped Treatment and Private Open Space

·      Communal Open Space

·      Solar Access

·      Vehicular Access, Parking and Circulation

·      Dwelling Mix

·      Adaptable Housing

·      Universal Design

·      Shops, Restaurants and Cafes, and Small Bars in R4 zones

 

Refer to Attachment 2 for a comparison table of key DCP controls for the various residential styles.

 

Part 6.4

(Attachment 12)

Ancillary Structures

 

1 Fences and Walls

2 Air Conditioning

3 Outbuildings

4 Setbacks

5 External finishes and cladding

6 Swimming Pools/ Spas

7 Tennis Courts

8 Aerials, antennae and communication dishes

 

·      This part contains controls for development forms that often support residential development.

 

Part 6.5

(Attachment 13)

Foreshore Locality Controls

 

1 Foreshore Scenic Protection Area

2 Development in the Foreshore Area

 

This part contains development provisions and controls that are specific to the protection of the foreshore area. The controls include:

 

·      Environmental qualities and scenic landscape values

·      Controls for specific development in the foreshore area including:

Jetty, Ramp and Pontoon Structures

Residential Waterfront Structures

Boatsheds

Seawalls

Stairways and Inclinators

Fencing

Swimming pools/spas

 

Part 7 - Business Precincts (Attachment 14)

 

Applies to all B1, B2, B4 (Kogarah Town Centre) and B6 centres.

Following the finalisation of the Commercial Centres Strategy and GRLEP 2022, the DCP controls will be updated accordingly.

 

7.1 General

7.2 B2 Local Centres

7.3 B6 Enterprise Corridor

 

This part of the draft GRDCP 2020 contains general controls and precinct controls and will apply to all B zoned land. The general controls cover the following areas:

 

·      Built form

Streetscape

Setbacks

Building height and interface

·      Design

Design excellence

Building facades

Awnings

Public Domain interface at ground level

Active Street Frontages

Materials and finishes

Landscaping

Shop top housing

·      Amenity

Visual privacy

Acoustic privacy

Interface between Business zones and adjoin land uses

Utility Infrastructure

·      Shopping trolley management Plan

·      Plant rooms

·      Servicing

·      Plan of Management

·      Site Isolation and Amalgamation

 

Precinct Controls are provided for the following B2 centres:

·      Kogarah Town Centre (separate part of the DCP)

·      Beverly Hills

·      Kingsgrove

·      Riverwood

·      Blakehurst

·      Carlton/ Kogarah Bay

·      Oatley

·      Ramsgate

 

Enterprise Corridor along the Princes Highway applies to the B6 zone. The Precinct Controls generally cover:

 

·      Existing Character

·      Desired Future Character

·      Site Amalgamation

·      Setbacks

·      Balconies

·      Through block connections

 

Part 8 – Kogarah Town Centre (Attachment 15)

 

This part provides the vision for Kogarah Town Centre and character statements and controls for various precincts that form part of the Kogarah Town Centre. The existing character, desired future character and controls are contained in this part for the following precincts:

 

·      Railway Parade Precinct

·   Premier Street Precinct

·      Montgomery Street Precinct

·   Belgrave Street Precinct

·   Princes Highway

·      Kensington Street Precinct

·   The Hospital Precinct

·   Chapel Street Precinct

·   Railway Parade South Precinct

·      Southern Retail Precinct

 

This part also contains general controls for the centre that relate to:

·      Consolidation of sites  

·      Alignment of buildings 

·      Dedication of Land to Council for Road/Lane Widening

·      Awnings

 

Part 9 - IN2 Light Industrial Zones (Attachment 16)

 

9.1 Introduction

 

9.2 General Provisions

9.2.1 Built Form

9.2.2 Site Area and Subdivision

9.2.3 Setbacks

9.2.4 Building Design and Appearance

9.2.5 Landscaping

9.2.6 Vehicle access and parking

9.2.7 Environmental Protection

9.2.8 Signage

9.2.8 Office Premises

9.2.10 Creative Industries

9.2.11 Industrial / Sensitive Land Use Interface

 

9.3 Precinct / Character Controls

9.3.1 Beverly Hills

9.3.2 Blakehurst

9.3.3 Carlton

9.3.4 Kingsgrove

9.3.5 Peakhurst

9.3.6 Penshurst – Forest Road

9.3.7 Penshurst – Penshurst Lane

9.3.8 South Hurstville

This part contains controls to guide development on land zoned IN2 Light Industrial. The controls address:

 

·      Built form

·      Site area and subdivision

·      Setbacks

·      Building Design and appearance

·      Landscaping

·      Acoustic and visual privacy

·      Operational restrictions such as hours of operation, waste, hazardous development, energy efficiency, and safety and security

·      Signage,

·      Office premises

·      Creative industries

·      Industrial/sensitive land use interface.

 

This part contains 8 industrial precincts within the LGA and all are zoned IN2 Light Industrial under the draft GRLEP2020. Precinct controls are proposed for Beverly Hills, Blakehurst, Carlton, Kingsgrove, Peakhurst, Penshurst – Forest Road, Penshurst - Penshurst Lane and South Hurstville as follows:

 

·      Desired future character

·      Objectives

·      Precinct controls which cover amalgamation of land if required and landscaped setbacks.

 

Part 10 – Precincts (Attachment 17)

 

Kogarah North Precinct

This part contains planning controls for the area known as Kogarah North Precinct. The controls relating to this precinct include:

 

·      Siting and consolidation of development sites

·      Heritage

·      Street Frontage Height

·      Setbacks

·      Trees and Landscape

·      Dedication of land to Council for Road/Lane widening and splays

·      Creation of through site pedestrian links and additional open space

·      Housing Choice

·      Addressing the street and public domain

·      Impact of the development of the road/pedestrian network

·      Acoustic impacts from Road and Rail

·      Vehicular access and car parking

·      Architectural articulation – façade, roof, wall design and balconies

·      Awnings

·      Active Street Frontages along Princes Highway and Railway Parade North

·      Solar Access to Public Domain

·      Safety and Security

·      Waste Minimisation

·      Site Facilities

·      Maintenance

·      Acoustic Privacy

 

The changes are detailed in Paragraphs 84 to 89 of this report.

 

Appendices (Attachment 18)

 

1

Waste Management requirements

(based on Hurstville DCP)

This appendix contains the waste management requirements for development.

 

2

Height and Storeys

This appendix is on height and storey interpretation.

 

3

Road classifications

This appendix contains the State and Regional Road classifications within the LGA.

 

4

Heritage Items and Heritage Conservation Areas

 

This appendix supports Schedule 5 of the GRLEP 2020, providing detailed development controls for specific sites identified as heritage items:

·      No. 24 Penshurst Avenue, Penshurst

·      No. 211-217 Rocky Point Road, Ramsgate

 

5

Heritage Conservation Areas

·      Penshurst HCA

·      Kogarah South HCA

·      O’Brien’s Estate HCA

This appendix supports Schedule 5 of the GRLEP 2020 and provides guidance for development in the three Heritage Conservation Areas.

6

Green Web

The Green Web seeks to conserve and enhance Georges River’s bushland and biodiversity by identifying and appropriately managing key areas of bushland habitat and establishing and maintaining interconnecting linkages and corridors.

 

The Green Web component of the DCP is accompanied by:

·      GRDCP 2020 Green Web Map

·      GRDCP 2020 Biodiversity Guide

 

The key aims of this appendix are to prevent direct loss of habitat in and adjoining Green Web areas and enhance biodiversity and ecological resilience through greater connectivity of bushland areas.

 

 

43.   A comparison of changes to the high density section of GRDCP 2020 in relation to the adopted Part C2 of the Kogarah DCP 2013 is tabulated in Table 3 below. The adopted Part C2 has been further refined in response to the Draft Georges River LEP 2020 and review by the Council officers. A justification has been provided for each change in Table 3.

 

Table 3 - Changes in High Density Residential section of Draft GRDCP as compared to Part C2 Kogarah DCP

 

DCP Section

Control/Note detail

 

Justification

Building Setbacks and street interface

Additional Note under Control 3 added:

Note: A reduced side or rear setback may be permitted where permitted by Part 3F of the NSW State Government’s ADG.

 

To cater to site specific circumstances.

Building Setbacks and street interface

Control 8 amended:

8.       Sub-stations, fire booster assemblies and waste bin storage structures need to be integrated into the development and identified at the DA stage. Where services including fire booster valves, substations and other infrastructure required as part of the any new development present to a public road or public space, they must be concealed by a screen or fence that corresponds with the materiality of the building façade.

 

To allow these services to be concealed by a screen or a fence; in response to the submission from Kogarah Bay Progress Association.

Basement Setbacks

Additional objective inserted:

(e)     To provide capacity to protect existing trees on site and provide capacity for new tree planting.

 

To provide additional protection to existing and capacity for new trees

Façade Treatment and Street Corners

Additional words regarding ‘Architectural character’ have been added in the general blurb.

 

Two objectives have been amended:

(a)  To introduce fine grain built form and varied architectural character in developments.

(d) To ensure that the scale, modulation and façade articulation of development responds to its context.

 

Two controls have been amended:

3. Human scale at street level must be reinforced in the design of the building and overall development. The scale, rhythm, materiality and landscaping treatment need to define the appearance of the building to create physical and visual connections between the private and public domain for pedestrians.

7. Clear glazing to balustrades must be avoided where they are visible from the public domain. Screening of balconies by way of adjustable or fixed panels should be included where there are issues of privacy, and/or excessive exposure to solar impacts.

 

 

 

 

 

Objectives amended in response to the inclusion of the concept of ‘Architectural character’ in the general blurb.

 

 

 

 

Control 3 has been amended to emphasise the connections between the private and public domain for pedestrians.

 

 

 

 

 

 

Control 7 recommends clear balustrades to be avoided and removes specific solutions, e.g. incorporation of solid upturns at the base of the balustrade.

 

Landscaped Treatment and Private Open Space

New control added:

The landscaped area needs to accommodate a minimum of two (2) canopy trees to a mature height of at least 6m.

 

Control added in response to the submission from Kogarah Bay Progress Association.

Common Open Space (COS)

Control 2 amended:

(2)     A maximum of 50% of common open space may be provided above ground level where:

(i)      a location at ground level is not possible due to site constraints;

(ii)     the proposed elevated common open space will provide a similar level of amenity as a common open space at ground level of the site; and

(iii)     there will be no significant impact on surrounding properties in respect to the loss of privacy.

 

2.   Communal open space may be provided above ground level where:

i.        the proposed elevated communal open space will provide a similar level of amenity as a communal open space at ground level of the site; and

ii.       there will be no significant impact on surrounding properties in respect to the loss of privacy.

 

Reference to percentage of COS to be provided on ground or roof top has been removed in response to comments from the Design Review Panel and Council officers.

Vehicle access, parking and circulation

Objective (b) in C2 DCP deleted from this section:

 

(b)  To reduce resident on-site parking where public transport is available within reasonable walking distance or where low car parking demand exists

 

Control 12 deleted:

(12)   If the car wash bay discharges into the sewer, a ‘Permission to Discharge Trade Wastewater’ issued by Sydney Water must be obtained prior to approval of the development.

 

Objective (b) deleted in accordance with the Councillors’ advice.

 

 

 

 

 

 

Control 12 deleted as control 13 covers the issue as reproduced below:

 

13. If the carwash bay is not discharged into the sewer, applicants must provide Council with details and evidence of how wastewater will be removed (e.g. removal by an authorised liquid waste disposal contractor).

 

Views and View Sharing

This section has been deleted from this section of the DCP.

This section has been relocated in the Part 3 General Planning considerations of the DCP in accordance with review by Council officers.

 

Dwelling Mix

Control 1 amended:

 

(1)  Developments that propose more than 10 apartments are to provide a mix of dwellings consistent with the following percentage mix:

(i)   Studio and I bed apartments – Minimum of 20%

(ii)  2 bed apartments – Maximum of 30%

(iii) 3+ bed apartments – Minimum of 15%

(1) Developments that propose more than 20 dwellings are to provide a mix of dwellings consistent with the following percentage mix:

i.        Studio apartments and 1 bed apartments – Maximum of 25%

iii.      2 bed apartments – Minimum of 35%

iv.      3+ bed apartments – Minimum of 15%

 

Control 1 amended in accordance with Environment and Planning Committee recommendation.

Adaptable and Accessible Housing

Control 1 part (i) amended:

 

(1)     The minimum number of adaptable units designed in accordance with AS4299 - 1995 Adaptable Housing must be incorporated into the developments included in this section:

(i)      3-10 units – 1 adaptable unit

(i)      5-10 units – 1 adaptable unit

 

Blurb on adaptable housing added at the bottom of the section:

 

Adaptable Housing is defined by Australian Standard AS 4299, which is specifically designed to allow for the future adaptation of a dwelling to accommodate the occupant’s needs.

Range in part (i) changed from 3-10 units to 5-10 units in accordance with Environment and Planning Committee recommendation.

 

 

 

 

 

 

 

 

 

Blurb added in preparation of the DCP.

Universal Design

New section added that includes universal design features to promote flexible housing for all community members.

Developments to achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guideline's silver level universal design features.

 

Section added in accordance with Council officer review during DCP preparation.

Shops, Restaurants and Cafes, and Small Bars in R4 Zones

New section added that protects the hierarchy of the designated business zones in the Georges River LGA and limits the potential adverse amenity impacts of shops, restaurants and cafes, and small bars on residential apartments and adjoining residential areas.

 

Section added in response to the inclusion of Shops, Restaurants and Cafes and Small Bars in R4 zones of GRLEP 2020.

 

MATTERS FOR CONSIDERATION BY COUNCIL

44.   This section of the report provides a response to the Council resolutions, addresses issues raised in Councillor Briefings and amendment to the DCP to ensure consistency with the draft GRLEP as endorsed by the Local Planning Panel on 26 June 2020.

45.   This section addresses the following:

a.     Response to the following Council resolutions:

i.    Mechanical Parking Installations in Developments

ii.    Restrictions on the provision or installation of hostile architecture

iii.   Additional controls relating to:

·        use of rainwater for car wash bays in residential flat buildings (RFBs) and

·        the further investigation and review of the setbacks, landscaped areas, and common open space to ensure compatibility between the scale of development at the point of transition between the low density residential zone and the adjoining higher density residential areas.

b.     Foreshore scenic protection area

c.     Places of Public worship

d.     Kogarah North Precinct

 

Response to Council resolutions – this section includes commentary on Council resolutions, its consideration and response.

 

·    Mechanical Parking

46.   Council resolved on 23 April 2019 to prepare draft Development Control Plan provisions for Mechanical Parking Installations for developments within the Georges River LGA.

47.   Draft provisions have been included in the DCP to cover:

a.     Mechanical parking installations i.e. mechanical car stackers, car lifts and turntables.

b.     Stacked parking i.e. sharing a parking space vertically through use of a mechanical car stacker.

c.     Tandem parking i.e. two or more vehicles sharing a parking space at the same level configured nose to tail.

48.   There has been concern raised by the Council in respect of mechanical parking installations, with some of a view that they should be prohibited. However, DCPs cannot prohibit development. The role of the DCP is to support the LEP with controls.

49.   Such installations are becoming a common occurrence and therefore the draft DCP does contain controls to address the installations as follows:

a.     Where development includes a mechanical parking installation, such as car stackers, turntables, car lifts or another automated parking system, the development application is to include a Parking and Access Report.

b.     Access to mechanical parking installations is to be in accordance with the relevant Australian Standards.

c.     Tandem or stacked parking will only be permitted where:

i.      Each tandem or stacked parking arrangement is limited to a maximum of two spaces;

ii.      The maximum parking limit for spaces is not exceeded;

iii.     They are not used for service vehicle parking;

iv.     The spaces are attached to the same strata title in residential buildings and small commercial or retail developments;

v.     In residential buildings and serviced apartments, they are used for tenant parking only;

vi.     In commercial or retail development, they are used for staff parking only; and

vii.    The manoeuvring of and queuing for stacked vehicles is able to occur wholly within the premises, without obstructing the entry or egress of other vehicles.

50.   Mechanical parking installations will be considered for developments involving the adaptive re-use of existing buildings where site or building constraints prevent standard parking arrangements and no inconvenience arises from their use.

51.   Mechanical parking installations, tandem or stacked parking are not to be used for visitor parking or parking for car share schemes.

52.   The minimum length of a tandem space is to be 10.8m.

53.   Car lifts will only be considered where it can be demonstrated that a basement ramp is not feasible/achievable.

54.   Where a car lift is required, car lifts are to be provided at a minimum rate of 1 lift per 25 spaces or part thereof.

Note: Queuing analysis must be completed in accordance with Australian Standard AS2890.1 and Ausroads “Guide to Traffic Management”. The assessment is to establish whether the mechanical lift requires queuing to be accommodated on the property noting that queuing of vehicles on public roads will not be supported.

 

·    Hostile Architecture:

55.   Council resolved on 26 August 2019 as follows:

a.     That the upcoming Georges River Council Development Control Plan 2020, and any future public domain plans for the City, include provisions that prevent the installation of devices, materials or designs in the public domain (hostile architecture) which would make it difficult for homeless people to occupy public spaces.

b.     Such provisions should include (but not be limited to) a restriction on the design and installation of Items such as: slanted or curved benches, rocky pavements, spiked windowsills, segmented benches, street spikes, awning gaps, barred corners, street dividers, raised grate covers, tiered seating, fence grates, retractable spikes and the like.

c.     That a standard condition of development consent be prepared to restrict the provision or installation of hostile architecture within the Georges River Area.

d.     That the General Manager prepare a report on the options available to Council to apply similar design and installation restrictions to development on privately owned land within the Kogarah and Hurstville CBDs.

56.   With respect to the draft DCP and (a) above, the following has been included in Section 3 of the DCP relating to Public Domain:

The installation of hostile architectural features in areas accessible to the public is not permitted. Hostile architecture includes a restriction on the design and installation of items such as: slanted or curved benches, rocky pavements, spiked windowsills, segmented benches, street spikes, awning gaps, barred corners, street dividers, raised grate covers, tiered seating, fence grates, retractable spikes and the like.

 

Additional Controls - this section includes consideration of issues re the use of rainwater for car wash bays in RFBs and further investigation of the setbacks, landscaped areas and common open space to ensure compatibility between the scale of development at the point of transition between the low density residential zone and the adjoining higher density residential areas.

 

 

·        Use of rainwater for car wash bays in the residential flat buildings

57.   Council at its meeting on 25 May 2020 resolved: That Council investigate the use of rainwater for car wash bays in the residential flat buildings as part of the future amendments of DCP 2020.

58.   Recycled water (also referred to as ‘non-drinking water’) is wastewater (sewerage) that has been collected and treated and can be used for variety of purposes depending on the level of treatment. The process of creating recycled water is typically undertaken by Sydney Water and not as part of a new small-scale residential development.

59.   Greywater is re-usable wastewater from washing machines, showers, baths and basins. This requirement could be addressed within any BASIX certificate prepared as part of the development. Therefore, a control seeking the use of recycled or grey water is not recommended to be imposed.

 

·        Review of the setbacks, landscaped areas, and common open space

60.   Council at its meeting on 25 May 2020 resolved:

That Council incorporate the adopted Part C2 Medium Density Housing into the Georges River DCP 2020; pending further investigation and review of the setbacks, landscaped areas, and common open space outline in Part 1 Section 3 - Building Setbacks and Street Interface to ensure compatibility between the scale of development at the point of transition between the low density residential zone and the adjoining higher density residential area.

 

Building Setbacks

61.   A singular setback control creates a more uniform street wall and better overall streetscape presentation for individual buildings. Articulation of the building will occur through the incorporation of balconies orientated towards the street, individual entries to the ground floor apartments addressing the street and the main entrance into the building. This must also be considered in conjunction with the minimum side boundary setbacks of 6.0m which are required. This results in a minimum gap between buildings of 12.0m breaking up the built form presentation to the street.

62.   The DCP provisions proposed a base of up to four storeys (approximately 12m in height) creating a four storey street wall to the street address. Above the four-storey street wall, is a two to three storey top element to the building.

63.   The proposed 4 storey street wall is considered more appropriate where a lower density zone (9m) and higher density zone (21m) are located on opposite sides of a street, for the following reasons:

·        A distance of at least 30m separates the different density zones when the width of the road, road reserve and setback of the buildings from the front property boundaries is considered. The minimum separation requirements (between buildings) directed by the Apartment Design Guide (the ‘ADG’) for buildings up to eight storeys in height is 18m. The separation achieved is well above the minimum guided by the ADG.

·        The four storey street wall height is considered to be a scale that is comfortably perceived in the streetscape, particularly when the separation of buildings across the street (30m) is greater than the maximum building height (21m).

·        The four storey base in conjunction with the setback will partially screen the next level (fifth storey). The suggested lower base height of three storeys will screen less of the upper levels and therefore increase the perceived height of a building from the street.

·        The proportioning would be visually awkward having a taller three to four storey element sitting above the three storey element. Having the base taller than the upper level visually anchors the building and reduces the perception of height for the upper levels.

·        A deep soil zone of 3m is required to be provided within the front setback of the higher density zone to allow for substantial tree planting which will provide a visual and landscape buffer between the two zones and built form. Street tree planting will further complement tree planting within the front setback.

Figure 5 – Setback and interface treatments

 

64.   The above review demonstrates that the existing control should remain unchanged.

 

Encroachments and Private Open Space

65.   The DCP states that ground floor private open space (POS) is permitted within the last 2m of the required 5m front setback. However, the first 3m of the front setback (from the street/property boundary) will be deep soil area and will provide for adequate landscaping opportunities including tree planting, that will complement the public domain including any street planting. Figure 5 above demonstrates the interface between the street (front property boundary) and the front wall of the building.

 

Figure 6 - Location of private open space (POS) and deep soil within the 5m front setback

 

66.   Providing POS within the front setback provides opportunities for an apartment building and its landscape to respond to the human scale of the streetscape (Figure 6). The location of POS within the front setback facilitates direct access from the street which provides increased street frontage activation and passive surveillance of the public domain. The location of POS within the front setback is consistent with Part 4L Ground Floor Apartments of the ADG.

67.   The location of substations and fire booster valves as highlighted within the KBPA submission are determined by other statutory bodies.

68.   Nevertheless, a control could be imposed requiring the location of these services be considered in the design of the building, including the concealment of services by a screen or fence that corresponds with the materiality of the building façade, when presenting to a street.

69.   For example, a control could be worded as follows:

Where services including fire booster valves, substations and other infrastructure required as part of the any new development present to a public road or public space, they must be concealed by a screen or fence that corresponds with the materiality of the building façade.

 

70.   The location of POS within the front setback is appropriate and the above proposed control should be included in RFB section of the GRDCP 2020.

 

 

Common Open Space

71.   The size, location and design of communal open space will vary depending on the site context and the scale of development. Communal open space (COS) can be provided on the ground floor of the development or on the rooftop.

72.   Part 3D of the ADG which applies to RFBs, including the recently up-zoned areas where Part C2 Kogarah DCP 2013 applies, permits the provision of COS on the ground floor and/or on the rooftop of RFBs.

73.   The provision of ground floor COS is typically provided on larger sites or precincts that have been strategically set aside to accommodate increased density.

74.   Providing ground floor COS on suburban infill sites as part of any RFB is more difficult as the sites are smaller in area and frontage, and share multiple boundaries with existing development (including lower density zoned properties) which limits the building envelopes in relation to separation distances, privacy and overshadowing. In these instances, the provision of COS on the ground floor within the side or rear setbacks can impact upon the visual and acoustic amenity of courtyards and habitable rooms of ground floor apartments.

75.   Neighbouring properties will also be impacted by the provision of COS on the ground floor within the side or rear setbacks, particularly where a higher density zone shares a boundary with a lower density zone.

76.   Therefore, the provision of roof top COS on some suburban infill sites is more appropriate as it does not share a direct interface with courtyards and habitable rooms of ground floor apartments, and allows for improved visual and acoustic amenity. Further, upper level setbacks ranging from 2.5m – 4m are proposed for any roof top COS from the level directly below (from all boundaries) to mitigate any potential acoustic or overlooking opportunities onto neighbouring properties, as demonstrated in Figure 7.

Figure 7 - Application of the setbacks required for the location of communal open space zone interface

 

77.   The total setback of roof top COS from side boundaries will be 11.5m (5-8 storey building) and 13m (5-8 storey building) from the rear boundary. Where a building shares an interface with a lower density zone, the total setback will increase to 14.5m from a side boundary and 16m from the rear boundary.

78.   The prohibition of roof top COS is inconsistent with the Part 3D of the ADG and will hinder the orderly development of land by constraining a building to the provision of ground floor COS only. Further, the upper level setbacks proposed for any roof top COS from the level directly below (from all boundaries) will mitigate any potential acoustic or overlooking opportunities onto neighbouring properties.

 

Foreshore Scenic Protection Area (FSPA)

79.   The Local Planning Panel (the ‘LPP’) considered the GRLEP 2020 on 25 and 26 June 2020 and in terms of the Foreshore Scenic Protection Area resolved to retain the existing Foreshore Scenic Protection Area as identified by the Hurstville Local Environmental Plan 2012 Foreshore Scenic Protection Area Map; and add the proposed Foreshore Scenic Protection Area as exhibited by the Planning Proposal Map entitled “Foreshore Scenic Protection Area Map” and shown in pink shading.

80.   The Panel also recommended that Council as part of the preparation of the draft Local Environmental Plan in 2021/2022, further define the role, mapped extent and zoning of Foreshore Scenic Protection Areas, in both the former Hurstville and Kogarah Local Government Areas, having regard to those properties and ridge lines visible to and from the Georges River and its tributaries, and associated environmental protection applying to those areas in order to better reflect the objectives of Clause 6.7 of the Georges River Local Environmental Plan 2020. This may include the consideration of additional environmental protection zones or modifications of the Foreshore Scenic Protection Area.

81.   In response to the LPP recommendations, the draft GRDCP adopts the current Hurstville DCP 2012 foreshore controls. Additionally, controls related to specific development types in the Foreshore area, including jetties, ramps, pontoon structures, residential waterfront structures, boatsheds, seawalls, stairways, inclinators, fencing, swimming pools and spas, have also been included in the draft GRDCP.

 

Places of Public Worship

82.   The draft GRLEP 2020 prohibits places of public worship in the R2 Low Density Residential zone due to the adverse amenity impacts considered to be generated by these uses. However, the existing places of public worship will retain their use through the inclusion of these sites in Schedule 1 Additional permitted uses.

83.   The General Land Uses section of the DCP contains the following controls for places of public worship:

a.     Locational requirements: located on sites of sufficient size to accommodate all proposed buildings, parking areas, outdoor areas etc.; must maintain the general amenity of the area; must optimise the use of surrounding and potential infrastructure, with a particular emphasis on public transport; large scale places of public worship should be located a minimum of 250 metres away from any other existing or approved large-scale place of public worship; must not be located on lots with a frontage to a road with a carriageway width less than 10 metres; and must not be located on lots where access is via a cul-de-sac.

b.     Site Requirements: restricts the minimum allotment size of a new place of public worship to 800m2 and the minimum allotment width to 20m (measured at the front building line) and 15 metres for a corner allotment.

c.     Building Scale: restricts the maximum site coverage for places of public worship located within a residential zone to 40%; and any spire, tower or similar structure must be considered on the basis of the form, bulk, scale and height and its relationship with the prevailing character of the locality.

d.     Setbacks: The minimum setback from the principal street frontage in residential zones is 6 metres and where a place of public worship is to be located immediately adjacent to a property used primarily for residential purposes, a buffer of a minimum of 3 metres must be provided to the side boundaries and a minimum of 6 metres to the rear boundary. This setback area shall be landscaped and shall not be used for parking areas, outdoor assembly areas or the like.

e.     General Design:  The design of the development must consider the amenity of the surrounding locality, especially sites within or near residential localities. Any place of public worship within or in close proximity to a residential neighbourhood must be well designed and incorporate high quality external materials and finishes as well as suitable landscape treatment around the perimeter of the site.

f.      Façade Design: Development must articulate the façade to achieve a unique and contemporary architectural appearance that:

i.    Unites the facade with the whole building form;

ii.    Ensures the facade has an appropriate scale and proportion that responds to the use of the building and the desired contextual character;

iii.   Combines high quality materials and finishes.

g.     Front Fences: The maximum fence height for a front fence is 1.5 metres. Front fences along an arterial road must not be made of chain wire, metal sheeting, brushwood, electric fences or noise attenuation walls. The external appearance of a front fence along the front boundary of an allotment or facing an arterial road must ensure:

i.    The section of the front fence that comprises solid construction must not exceed a fence height of 1 metre above natural ground level; and

ii.    The remaining height of the front fence must comprise open style construction such as spaced timber pickets or wrought iron that enhance and unify the building design.

Kogarah North Precinct

84.   The Kogarah North Precinct DCP controls have been reviewed in light of Council’s experience with the implementation of controls under the Kogarah North DCP (KNDCP), in particular in relation to the issues identified in the controls in recent developments in the Precinct that have been subject to appeal to the Land and Environment Court.  The review also includes controls from the new Part C2 Medium Density Housing in Kogarah DCP 2013.

85.   The main basis for the review is the outcome as a result of the loss of the appeal for the residential flat building development at the site at 2-4 Gladstone Street and 10 Victor Street Kogarah - Vortex Property Group (NSW) P/L vs Georges River Council [2019] NSWLEC 1153 (Vortex). This site is on the corner of Railway Parade Lane, Gladstone Street, and Victor Street, opposite the Kogarah High School oval.

86.   The current KNDCP references the Kogarah North Precinct Urban Design Study (November 2017) (UDS) by adopting controls aimed at a lower FSR than that allowed in the KLEP.

87.   The UDS presented three options for development, and the Council for the purposes of preparing a DCP adopted “Option 3”, being development with an FSR 2.5:1 and 10 storey buildings having a four storey street wall. The building heights along Victor Street are reduced to minimise overshadowing to the new community open space ‘common’ (on part of the school oval).

88.   Option 3 was adopted by the Council in May 2017 as the interim set of planning controls.  The problem with this approach as identified in Vortex, is that some of the controls are explicitly contrary to the KLEP.  Whist an attempt was made to argue that the KLEP controls are a maximum and a suitable urban design outcome should prevail, an underlying premise of the planning system is that the LEP controls must be achievable.

89.   To avoid any issues related to this in the future, this review of the KNDCP has concentrated on deleting any direct references that could be construed that the DCP is based on a lower density than the LEP allows. The changes include:

·        Updating the introductory section to include the work of the GSC and the Kogarah Place Strategy.

·        Updating references to GRLEP 2020 and the EP&A Act 1979.

·        Deleting references to height and FSR as they are in the GRLEP 2020.

·        Deleting references to compliance with ADG as this is a given.

·        Adding in relevant information from the Kogarah Place Strategy (the ‘Strategy’) relating to:

o   The focus - that one of the places in the Kogarah Collaboration Area is Kogarah North which will be a focus for new housing close to the health, knowledge and wellness education core.

o   The shared objectives in the Strategy relates to Kogarah North - Kogarah North Precinct will be a renewed neighbourhood village for the community – an authentic place where the community enjoys attractive and safe pedestrian and cycle paths and facilities, green infrastructure, and a variety of public open spaces.

o   Relevant actions from the Strategy relating to:

§  Action 6: Use the Movement and Place framework to achieve the desired future character for streets and places in the Collaboration Area

§  Action 8: Refine and plan for the Green Grid in the Collaboration Area

§  Action 26: Explore precinct-wide and site-specific energy efficiency initiatives, with a focus on NSW Government-owned land, high energy users and catalyst projects

§  Action 29: Plan for sustainable development through controls for new buildings and higher BASIX targets

§  Action 34: Map open space deficiencies, explore the expansion of open space, investigate acquisition of land for new open space and investigate initiatives for large roof surface areas and car parks for open space

§  Action 35: Increase the percentage of urban tree canopy

Note: The Strategy states on page 71- Increase the urban tree canopy as identified in Kogarah North and Rockdale Town Centre master plans, and prioritise planting according to urban heat mapping, heat vulnerability and Green Grid planning

§  Capture discussions and work undertaken as part of the Movement and Place Framework pilot and seek in part to identify:

·        a desired 2036 future character statement for streets and places in the Collaboration Area

·        issues and opportunities for that street or place

·        actions to deliver the desired character

·        Adding in Section 4 – The Kogarah North Urban Design Strategy:

o   The controls in this DCP (as amended) are informed in part by the analysis undertaken in the UDS.  Since the introduction of KLEP Amendment No. 2, there has been several development applications lodged in the Precinct.  The controls in this Part of the DCP (as amended) are also based on a review of the recent development applications, including those approved by the Land and Environment Court in the Precinct.  This is with a view to ensure that the aims of the up-zoning of the Precinct under LEP Amendment No. 2 with regards to increased density can be realised.

·        Retaining the vision but deleting or converting the principles into objectives in the controls section where applicable; as they have more weight as objectives.

·        Deleting Tables 2 and 3 relating to setbacks and replacing with words as it is simpler for interpretation. The court has found that there is inconsistency in the current text in the references to the following terms that are in the controls – Frontage, Boundary, Property boundary, Site boundary, etc. In the Vortex appeal, much discussion was about the ambiguity of these controls – the meaning of ‘frontage’, whether the control applies only to that part of the site that had a boundary to the street.  Also, whether if a site had a visual frontage to the street (which in Vortex was Railway Pde North), that the control would apply to the whole boundary that had a visual aspect to the street.  The applicant successfully argued that as that site had an outlook to Railway Pde North, then the setback applied to the site (even though the actual boundary was to Gladstone Street).

·        Including in the dwelling mix control what was adopted by Council for Part C2 – Kogarah DCP 2013:

(1)    Developments that propose more than 10 apartments are to provide a mix of dwellings consistent with the following percentage mix:

(i) Studio and I bed apartments – Minimum of 20%

(ii) 2 bed apartments – Maximum of 30%

(iii) 3+ bed apartments – Minimum of 15%

(2)    Any variations to the apartment mix are to take into consideration:

(i) the distance to public transport, employment and education centres.

(ii) the current market demands and projected future demographic trends.

(iii) the demand for social and affordable housing.

(iv) different cultural and socioeconomic groups.

 

Apartment configurations are to support diverse household types and stages of life including single person households, families, multi-generational families and group households.

·    Amending the residential car parking controls to reference the Objective 3J-1 of the ADG as the precinct is within 800m of Kogarah Railway Station.

 

DESIGN REVIEW PANEL

90.   In accordance with Clause 21A Approval of development control plans relating to residential apartment development of the Environmental Planning and Assessment Regulation 2000, the Amendment to Part C2 - Medium Density Housing of the Kogarah DCP 2013 was referred to the Design Review Panel (the ‘DRP’) for review and comments. The DRP comments were addressed in the report adopted by Council at its meeting held on 25 May 2020.

REPEAL OF DCPS AND FORMER HURSTVILLE COUNCIL POLICIES

91.   At its meeting on 11 June 2019, Council endorsed the Georges River Interim Policy DCP (Policy #: Pol-061.01) for assessing development applications until such time as the GRDCP 2020 is adopted by Council.

92.   The Interim Policy is a public document used by Development Assessment planners in their assessment of residential development applications (Das). It will ensure that assessment is consistent across the LGA. The controls have been formatted in accordance with the operative DCPs.

93.   The draft Georges River DCP 2020 will replace the following:

a.     Interim Policy DCP (Policy #: Pol-061.01);

b.     Kogarah DCP 2013; and

c.     Hurstville Control Plan 1 – applies to land within Penshurst, Mortdale and Hurstville wards

94.   The following policies will also need to be repealed for the land covered by the GRDCP 2020:

a.     Drainage and On site Detention Policy (replaced by Georges River Stormwater Management Policy 2019)

b.     Fencing adjacent to public roads (provisions in the draft Georges River DCP 2020)

c.     Balcony Enclosures in Residential flat buildings Policy (provisions in the draft Georges River DCP 2020)

d.     Satellite Dish Policy (provisions in the draft GRDCP 2020 and covered by Exempt and Complying SEPP)

e.     Code for the erection of private tennis courts (provisions in the draft GRDCP 2020)

f.      Stencilling of street driveways policy (provisions in the draft GRDCP 2020)

g.     Underground electricity cabling to developments policy (provisions in the draft GRDCP 2020)

h.     Design guidelines for absorption trenches (replaced by Georges River Stormwater Management Policy 2019)

i.      Rainwater Tanks Policy adopted 18 December 2002 (replaced by Georges River Stormwater Management Policy 2019).

j.      Home Activities Policy adopted 15 August 2001 (home occupations are permitted without consent).

k.     Code for Commercial Use of Public Footpaths (replaced by Georges River Council Local Approvals Policy – Use of Public Land dated 29 October 2018).

95.   Clause 22(2) of the Environmental Planning and Assessment Regulations 2000 states that

(2)    A council may repeal a development control plan—

(a)    by a subsequent development control plan, or

(b)    by publishing notice of the decision to repeal the plan on its website.

(3)    At least 14 days before repealing a development control plan under subclause (2)(b), the council must publish notice of its intention to repeal the plan, and its reasons for the repeal, on its website.

(4)    The repeal of a development control plan under subclause (2) (b) takes effect on the date on which the notice is published on the council’s website.

 

FINANCIAL IMPLICATIONS

96.   There is no budget in the Strategic Planning Budget for financial year 2020/2021 for extensive exhibition (which includes letters to owners) of the draft Georges River DCP.

 


 

RISK IMPLICATIONS

97.   Operational risk/s identified - if the GRDCP 2020 is not approved, the GRLEP 2020 will be without a DCP.

 

COMMUNITY ENGAGEMENT

98.   Community engagement is proposed to be undertaken for an extended period of 60 days beyond the 28 days required under Council’s Community Engagement Strategy. It is intended to work together with Council’s Communication team. The extended time frame will also provide the community sufficient time to review the draft DCP. The proposed engagement activities are outlined in Table 3 below.

 

Table 3 – Community Engagement Program

 

Community Engagement

Proposed Action

Online and digital

 

·      Council’s website

·      Social media (Facebook page)

·      Council’s ‘Your Say’ Georges River DCP 2020 page

 

Drop in sessions

·      1 per ward (reliant on funding)

 

Letters

 

·      Bayside Council

·      Canterbury Bankstown Council

·      State MPs

·      Federal MPs

·      Transport for NSW (including Sydney Trains and RMS)

·      Other relevant Government agencies and authorities.

 

Letterbox drop

A postcard will be sent to residents in LGA. (Reliant on funding

 

Public notice

 

Public notice to be placed in the local newspaper and the NSW Government’s Planning Portal, notifying the exhibition of the draft GRDCP 2020.

 

Telephone Consultation

Council’s Strategic Planning staff will be available during office hours to answer telephone enquiries.

 

Customer Service centres and Libraries’

Copies of the Draft GRDCP 2020 available for the public to review

 

NEXT STEPS

99.   The next steps for this project include:

Date

Step

August 2020

Council endorses the draft GRDCP 2020 for public exhibition

September 2020

Preparation of public exhibition materials

October 2020 to November 2020

Public Exhibition 60 days

December 2020

Consideration of submissions

February 2020

Council report on submissions received and adoption of GRDCP 2020.

 

FILE REFERENCES

D20/76428

19/497 – Stage 2

19/999 – Stage 3

19/1731 – Stage 4

 

ATTACHMENTS

Attachment 1

GRDCP - Final Car Parking Rates - published in separate document

Attachment 2

GRDCP - Comparison Table of key controls for various residential styles - published in separate document

Attachment 3

GRDCP Table of Contents - published in separate document

Attachment 4

GRDCP Part 1 – Introduction - published in separate document

Attachment 5

GRDCP Part 2 – Application Process - published in separate document

Attachment 6

GRDCP Part 3 – General Planning Considerations - published in separate document

Attachment 7

GRDCP Part 4 – General Land Use - published in separate document

Attachment 8

GRDCP Part 5 – Residential Locality Statements - published in separate document

Attachment 9

GRDCP Part 6.1 - Dwellings, Dual Occupancies, Secondary Dwellings (Low Density Residential) - published in separate document

Attachment 10

GRDCP Part 6.2 - Multi dwelling housing, terraces and manor houses (Medium Density Residential) - published in separate document

Attachment 11

GRDCP Part 6.3 - Residential Flat Buildings (High Density Residential) - published in separate document

Attachment 12

GRDCP Part 6.4 - Ancillary Development - published in separate document

Attachment 13

GRDCP Part 6.5 - Foreshore Locality Controls - published in separate document

Attachment 14

GRDCP Part 7 - Business Precincts - published in separate document

Attachment 15

GRDCP Part 8 – Kogarah Town Centre - published in separate document

Attachment 16

GRDCP Part 9 – Industrial Development - published in separate document

Attachment 17

GRDCP Part 10 – Precincts - published in separate document

Attachment 18

GRDCP - Appendices - published in separate document

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 60

FINANCE AND GOVERNANCE

Item:                CCL047-20       Motions for 2020 Local Government NSW (LGNSW) Annual Conference 

Author:            Manager, Office of the General Manager

Directorate:     Office of the General Manager

Matter Type:    Finance and Governance

 

 

RECOMMENDATION

That Councillors be invited to propose motions for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference, noting that Motions are due on 16 September 2019.

 

EXECUTIVE SUMMARY

1.     This report is presented to Council to enable Councillors to submit Motions for the LGNSW Annual Conference, to be held at the Crowne Plaza Hunter Valley in November 2020.

BACKGROUND

2.     This report is presented to Council for its consideration of Motions to be submitted to Local Government NSW (LGNSW) for inclusion in the Business Papers for the 2020 LGNSW Annual Conference, to be held at the Crowne Plaza Hunter Valley from Sunday 22 November 2020 to Tuesday 24 November 2020.

3.     Consistent with the LGNSW rules, the latest date motions can be accepted for inclusion in the Conference Business Paper is 12 midnight (AEST) on Monday 16 September 2019.

4.     Councillors are invited to submit draft Motions for consideration and debate at the Council meeting prior to forwarding to LGNSW for inclusion in the Business Papers for the 2020 LGNSW Annual Conference.

FINANCIAL IMPLICATIONS

5.     Registration to attend the Conference opens Friday 17 July 2020.  Members will be able to take advantage of special ‘early bird’ rates if bookings are made on or before 25 September 2020.

6.     Estimated costs per Councillor: $1,800 to $2,800

Registration: $840 (early bird)

Conference Dinner: $132

Accommodation: $600 (total = 2 nights)

Bus Transfers (from hotel to conference venue): $22 (total = 2 days)

Travel Expenses (from Sydney to the Hunter Valley): estimated $100 - $1,000 depending on preferred travel mode (flights/private vehicle/etc)

Daily Meal Allowances: up to $90 per day

7.     Each Councillor has an annual expense allowance of $4,500 per annum for attendance at training, development, conferences and seminars.

8.     All costs associated with Councillor attendance at the LGNSW Annual Conference are allocated in accordance with the Mayor and Councillors Expenses and Facilities Policy.

RISK IMPLICATIONS

9.     No risks identified.

COMMUNITY ENGAGEMENT

10.   Community engagement is not required.

FILE REFERENCE

D20/169899

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 61

Item:                CCL048-20              COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - August 2020 Report 

Author:            Manager, Office of the General Manager

Directorate:     Office of the General Manager

Matter Type:   Finance and Governance

 

 

Recommendation:

That Council note the register of actions taken pursuant to the Instrument of Delegation to the Mayor (Emergency Administrative Provisions).

 

Executive Summary

1.     In response to the COVID-19 pandemic, at its meeting of 23 March 2020 Council resolved to adopt a revised Instrument of Delegation to the Mayor.

2.     The General Manager undertook to provide a consolidated report once a month to all Councillors specifying any actions taken under this delegation as adopted by Council.

REPORT

3.     In the period since 18 March 2020 Councillors have been provided with regular updates from the General Manager.

4.     A register of decisions and actions taken is attached to this report. For the purpose of completeness, all decisions and actions that have been taken are included on this register, not just decisions made under the instrument of delegation.

Financial Implications

5.     All financial implications have been included on the attached register.

Risk Implications

6.     All actions have been evaluated in accordance with Council’s Risk Management Framework.

File Reference

D20/190705

 

 

 

ATTACHMENTS

Attachment 1

COVID-19 Instrument of Delegation to the Mayor (up to 19 August 2020)

 


Georges River Council - Ordinary Meeting - Monday, 24 August 2020

CCL048-20              COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - August 2020 Report

[Appendix 1]           COVID-19 Instrument of Delegation to the Mayor (up to 19 August 2020)

 

 

Page 84

 























Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 92

Item:                CCL049-20       2021/2022 New Rates Program for Georges River 

Author:            Chief Financial Officer

Directorate:     Business and Corporate Services

Matter Type:    Finance and Governance

 

 

RECOMMENDATION:

(a)    That Council note the independent Audit Risk and Improvement Committee’s recommendation to immediately address key financial sustainability risks, including increasing revenues to secure Council’s immediate and long term future.

(b)    That arising from consideration of the recommendation of the Audit Risk and Improvement Committee, Council endorse the 2021/2022 New Rates Program, which includes the Community Engagement Framework and proposed timeframe.

(c)    That Council, in response to the community’s feedback for a fair and more equitable and uniform rating structure, eliminating the disparity between the Hurstville and Kogarah Minimum Rates and in compliance with the legislative requirement to harmonise Council’s rating structure, approve the General Manager to formally notify the Independent Pricing and Regulatory Tribunal (IPART) that following consideration of community engagement, Council’s intention is to submit an application to the IPART to establish a new Minimum Residential Rate of $965.80 to take effect from the 2021/22 rating year.

(d)    That Council, in response to the community’s feedback for a fairer and more equitable distribution of the rate burden between residential and business ratepayers and in compliance with the requirement to harmonise Council’s rate structure, Council approves the business properties within the Business sub-category “Major Commercial Centres of Hurstville and Kogarah” to have a higher Minimum Business Rate than other business sub-categories.

(e)    That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to submit an application to establish a new Minimum “Major Commercial Centres of Hurstville and Kogarah” Business Rate of $1,500 to take effect from the 2021/22 rating year.

(f)     That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to submit an application to establish a new Minimum Business Rate for all other subcategories of $1,100 to take effect from the 2021/22 rating year.

(g)    That in the interest of having a harmonised, fairer and more equitable structure for Business Rates throughout the Georges River Council local government area, Council discontinues the use of the former Hurstville Town Improvement special rates across the Hurstville, Mortdale and Riverwood town centres, commencing in the 2021/22 rating year. 

(h)    That in response to overwhelming community support and feedback for a fairer and more equitable rating structure, Council approves the creation of a new business sub-category named “Major Shopping Complex” and the implementation of a rate in the dollar comparable to shopping centre rates in other metropolitan councils in the 2021/22 rating year. 

(i)     That Council acknowledges it must comply with its statutory obligations pursuant to Section 8B of the NSW Local Government Act 1993 on the principles of sound financial management as detailed in the report.

(j)     That in response to Council’s obligations  under Section 8B of the NSW Local Government Act 1993, the General Manager formally notify the IPART that following consideration of community engagement, Council’s intention is to apply for a multi-year Special Variation (SV) of 5.8% to its rates in 2021/22 (3.3% Special Rate Variation (SRV) and 2.5% assumed rate peg) followed by 5.8% per year for 4 years (16.5% SRV and 12.5% assumed rate peg), in order to replace cessation of the former Hurstville City Council’s SV and to ensure Council’s long term financial sustainability.

(k)    That Council acknowledge that the proposed SV will not resolve the current gap in Council’s forecast operating deficit, and an estimated $8.7 million in favourable financial turnaround is required, either through other revenue increases and/or service reductions.

 

EXECUTIVE SUMMARY

1.     The purpose of this report is to present to Council the preferred rate structure and SV options for community consultation and application IPART.

2.     Current legislation requires Council to have a harmonised rating structure adopted for the financial year commencing 1 July 2021. Therefore, Council is legislatively obligated to commence the harmonisation process again. Legislation does not permit the gradual harmonisation of a minimum residential rate. Council can only have one residential minimum rate from 1 July 2021.  

3.     The preferred rate structure options (rate in the dollar and minimum rates) have been prepared based on the 2019/20 community consultation results and modelling presented to Councillors on the varied impact of different minimums and special rate variations on residential and business ratepayer groups. Council has considered the impact of various residential minimums that include; $965.80, $850, $750.

4.     Council has adopted operating deficits for future years – the operating budget deficit in 2019/20 was $8 million

5.     The Long Term Financial Plan (LTFP) had a projected operating deficit in 2020/21 of $13 million; the $13 million was reduced through $9 million in deferred programs including proceeds of sale of surplus properties; though this is not sufficient to resolve the long term financial forecast.

6.     The preferred SV of Councils rates’ being recommended has been based on Councillor feedback that an increment/cumulative rate increase is preferred over a one-off rate increase. The option preferred in 2019/20 was a one off rate increase of 10.6% and the equivalent to this increase in 2021/22 would be a one off increase of 15.4%.

7.     Should Council not proceed with a SV to its rates, some or all of the following alternatives will need to be adopted service reductions, outsourcing, staff reductions, sale of surplus properties and increases to annual fees and charges.

BACKGROUND

8.     Council resolved in 2018/2019 to develop a program for the preparation of a new residential and business rates structure for the Georges River Council Local Government area (LGA), which was also to include options that would strengthen Council’s financial sustainability and replace the cessation of the former Hurstville City Council’s SV from July 2021.

9.     During 2019/20 Council undertook extensive community consultation on a number of SV options and a preferred rate structure model. 2019/20 Community consultation results were based on more than 6,000 responses received from the community.  The consultation found that 78% of respondents were supportive of introducing a consistent minimum rate across the city and 66% supported a minimum rate increase to $965.80.  Additionally, 54% of respondents were supportive of Council applying to IPART for a SRV of 8.1% plus a rate peg of 2.5%.

10.   At the Extraordinary Council Meeting held on Monday 10 February 2020, Council considered the community consultation results and whether to proceed with an application to IPART to introduce in 2020/21 a harmonised minimum rate, harmonised rate in the dollar and also a new SV to its rates to improve Council’s financial sustainability and replace the expiration of the former Hurstville Council SV.  Council resolved not to proceed with the application for the SV or the harmonisation of rates in 2020/21 and instead to investigate staff reductions and salary savings as part of future cost saving measures.

11.   A subsequent Council resolution in April 2020, resolved not to investigate staff reduction and salary savings and instead introduce the efficiency items proposed in the draft application to IPART at the February 2020 Extraordinary Council Meeting.

Councillor Briefings

12.   In December 2018, the first Rate Restructure Program Councillor workshop was held to provide a broad overview of what the restructure would entail along with anticipated timeframes. Since this time, a further 10 councillor workshops have provided details and financial modelling on the following policy items, but not limited to:

·        10 Year Long Term Financial Plan

·        Various minimum rate impacts and scenarios

·        Various impacts and scenarios for one-off and multi-year special rate various

·        Discretionary services at risk with no special rate variation

·        Comparison of average unit and average single dwelling rates

·        Key policy decisions of a new residential rate structure

·        Comparisons of metropolitan Council rate structures

·        Business sub-category development based on centres of activity

·        Rate income yield split across categories and sub categories

·        Outcomes and consideration of options based on community feedback

·        Refinement of Councils LTFP based on 2018/2019

·        2020/21 Draft IPART application

Special Variation

13.   A special variation allows councils to increase their general income above the rate peg. There are a range of reasons why a council may apply for a special variation, such as:

·        to address the financial sustainability of the council

·        funding new or enhanced community services to meet growing demand in the community

·        funding the development and/or maintenance of essential community infrastructure

·        funding projects of regional significance

·        covering special cost pressures that the council faces.

There are two types of special variations that a council may apply for under the Local Government Act 1993:

·        a single variation (section 508(2)) or

·        a variation each year for 2 to 7 consecutive years (section 508A).

14.   Councillors have been appraised over the past two financial years, of Council’s poor and deteriorating financial outlook over the 10 year period of the LTFP.

15.   There is a widening gap between income and expenditure that is accelerated by the loss of the former Hurstville Council’s expiring SV of $2.3 million in 2021/22. The target for Council is to close a forecast $76 million gap. This can be achieved through a combination of a SV rate increase and service reductions/savings.

16.   The proposal presented to the community and Council in 2019/20 was a one off increase of 10.6% that add an extra $8 million to Council’s rate income based. In addition to the rate increase proposal, Council had to find an additional $12 million in savings or alternate revenue to close the gap. As a result of Council not pursuing a SV this year, a larger SV would be required to get the same result. A comparative one off increase would be 15.4%.

17.   For the 2021/22 Budget year, Council has changed its approach from last year with the preferred approach being an increment/cumulative increase to its rates income that reaches a similar financial outcome to what was proposed last year. It will still require service reductions/savings/other revenue expansion in conjunction with the rate increase. Following the Councillor briefings, the preferred option for the 2021/22 is outlined below:

·    Total year: 5 years

·    First year: 5.8%

·    Followed by 4 years of increase: 5.8% per year

·    Total rate % increase: 29% (including a rate peg of 12.5% and SRV of 16.5%)

·    Estimated total rate $ income collected by 2027/28: $616 million

·    Service Reductions/Savings: $8.7 million

18.   An equivalent one off SV to the incremental/cumulative increase would be 15.4%, which would assist Council in correcting its operating results faster, however is a larger increase initially for ratepayers.

Rate Structure

19.   The existing provisions of the Local Government Act 1993 limit the ability for metropolitan and urban councils to apply differential residential rates.

20.   Due to existing obligations for residential sub-categorisation options (refer to Section 529 of the Act), following the end of the rates path protection, councils will be required to equalise residential rates by setting the same rate in the dollar (ad valorem rate), minimum and/or base.

21.   Council currently levies two different ordinary and special rates based on the former Council’s rating systems. Former Kogarah ratepayers pay a minimum rate of $380 more than the minimum rate for former Hurstville ratepayers.

22.   Council currently levies two different ordinary and special rates based on the former Councils’ rating system.

23.   Both councils’ rating systems currently operate under a minimum rate and a rate in the dollar (ad valorem) system of rating.

24.   At the time of proclamation, the former Kogarah Council maintained only an ordinary rate structure, whereas the former Hurstville Council maintained an ordinary and special rate structure along with a time-bound SV.

25.   The tables below highlights the disparity between the former council’s ordinary residential rate structures currently levied in the 2020-21 financial year:


2020/21 Rate Structure

Rate in

 $

No. of Properties

2020/21

Rate Revenue

 

 

 

($’000)

Residential

 

 

 

Former Kogarah - Ordinary Ad-valorem

0.0015759

11,350

16,652

Former Kogarah - Ordinary Minimum

966.73

10,989

10,623

Former Hurstville - Ordinary Ad-valorem

0.0019774

20,652

27,611

Former Hurstville - Ordinary Minimum

585.72

10,656

6,241

Subtotal Residential

 

53,647

61,127

Business

 

 

 

Former Kogarah - Ordinary Ad-valorem

0.0034159

138

704

Former Kogarah - Ordinary Minimum

966.73

94

91

Former Kogarah - Commercial Ad-valorem

0.0039472

223

2,216

Former Kogarah - Commercial Minimum

966.73

239

386

Former Kogarah - Industrial Ad-valorem

0.0039472

245

195

Former Kogarah - Industrial Minimum

966.73

326

54

Former Hurstville - Ordinary Ad-valorem

0.0033145

1,673

6,589

Former Hurstville - Ordinary Minimum

585.72

655

384

Subtotal Business

 

3,593

10,619

Special Rates

 

 

 

Former Hurstville - Hurstville Town Improvement

0.00047246

3,838

590

Former Hurstville - Mortdale Town Improvement

0.00059588

130

45

Former Hurstville - Riverwood Town Improvement

0.00057580

137

60

Subtotal Special Rates

 

4,105

695

Total 

 

 

$72,441

 

26.   Based on Council undertaking extensive community consultation in 2019/20 on the residential minimum rate and Council reviewing alternative options, it is proposed to harmonise to the former Kogarah Council minimum rate from 1 July 2021 to reduce the pressure on former Hurstville single dwelling premises and increase the minimum rate for units within the Hurstville LGA. This would result in a $965.80 harmonised rate across the LGA from 1 July 2021.

27.   Similar to the residential approach, to ensure fairness and equity in rates and annual charges across the Council LGA, harmonized, Minimum Rates and Rates in the Dollar are being proposed for business categories, along with different Minimum Rates for new “Major Commercial Centres of Hurstville and Kogarah” and “Major Shopping Complex” sub-categories. 

28.   To develop the new Georges River Council Business sub-categories, the economic centres within the draft Local Strategic Planning Statement (LSPS) have been used. In developing the new centres, the Strategic Planning team undertook a comprehensive land use and floor space audit of all business-zoned land in the LGA. Council’s Commercial Centre’s Strategy conducted a review of the existing economic activity and performance of each centre. In light of this review, each centres ability to support the community’s access to goods and services was considered through the development of an existing retail hierarchy where all 48 centres are classified based on the existing amount of retail floor space and facilities accommodated. The centres hierarchy is comprised of a six-tiered classification system: strategic centre, local centre, village, small village, neighbourhood centre and enterprise corridor.

29.   For the purpose of the draft Business rating structures and as per the requirements to harmonise Council’s business rate structure, the following business subcategories are proposed:

·        Major Commercial Centres of Hurstville and Kogarah.

·        Major Shopping Complex (greater than 150 shops).

·        Local Centres.

·        Neighbourhood Centres/Small Village.

·        Industrial.

30.   The feedback from the community was that both the minimum and average rate for business seemed too low, especially when compared to the Residential rate and the Business rates used by other councils.

31.   Councillor and community feedback indicated a preference towards a different Business Minimum Rate of $1,100 for all rateable business properties not within the subcategories of “Major Commercial Centres of Hurstville and Kogarah” and “Major Shopping Complex”.

32.   In addition to the above change, Councillor feedback indicated support for increasing the new Business Minimum Rate for the sub-category “Major Commercial Centres of Hurstville and Kogarah” to $1,500.

Service Overview

33.   Council has defined 195 functions/services across the directorates of Council.

34.   Should Council not proceed with a SRV, some or all of the following alternatives will need to be adopted:

·        Service reductions (e.g. community grants, events, DA processing, heritage grants, library closures, environmental/bushcare programs)

·        Staff reductions

·        Outsourcing of services (e.g. regulatory functions, parks maintenance, CBD cleansing, roads maintenance)

·        Sale/lease of services (e.g. Child care service)

·        Ongoing sale of surplus properties

·        Significant increases to annual fees and charges.

Timeframe

35.   Attachment 1 outlines the timeframe across the key stages of the rate restructure program. Note IPART is anticipating the release of the key dates for 2021/2022 applications in October 2020.

Community engagement framework

36.   Council will conduct the following community engagement to inform the community of Council’s proposal to set harmonised minimum rates. The engagement period will be during October and November.

37.   Council will utilise the community feedback from last year’s consultation process for aspects that may relate to the 2021/22 application. However, items that vary from last year’s proposal will require fresh consultation to supplement the minimum rate feedback from last year.

38.   The following community engagement methods will be used to capture community feedback/input.

Community Engagement Methods

1.  A three phase engagement program, commencing with a Citizens Advice Group to test messaging and service reduction possibilities.

2.  A letterbox drop to all residents in letter format to create awareness (phase 2) that community consultation is on its way, distributed across the local government area in mid - September.

3.  A mail out through Australia Post addressed to both residential and business ratepayers with a reply-paid survey.

4.  Due to limitations on face to face and subject to being able to meet COVID-19 restrictions,  2 webinar events for anyone to access across the local government area.

5.  A random and representative survey of approximately  600 residents across the local government area.

6.  An online survey facilitated through Council's Your Say platform.

7.  Council's Your Say online panel members will be notified.

8.  Fact sheets in an easy to read format and translated into Council's top four community languages which are: Chinese simplified, Greek, Arabic and Macedonian.

 

Financial implications

Long Term Financial Plan (LTFP)

39.   The LTFP of Council presents a financial projection of the next ten years based on the Community Strategic Plan, Delivery Program and Resourcing Strategy.

40.   Council’s LTFP highlights declining operating results, which informs Council’s need to take corrective action, to ensure financial sustainability.

41.   The expiring former Hurstville SRV accelerates Council’s declining financial sustainability.

42.   In summary, the LTFP illustrates that the current level of funding generated for Council through rates is insufficient to continue existing services into the future and meet the demands of our growing population.

Project Costs

43.   The consultation undertaken in 2019/20 cost approximately $250,000 for the community surveys and community consultation on the rates harmonisation proposal.

44.   Additional funds of $250,000 were allocated in the 2020/21 Operating Budget in order to undertake the process in 2020/21.

 

Budget Split 

Value  ($’000)

Modelling and system implementation

50

Community Engagement

200

 


 

Risk implications

45.   Councillors have been appraised over the past two financial years, of Council’s poor and deteriorating financial outlook over the 10 year period of the Long Term Financial Plan. Failure to address the unsustainable financial position places Council in contravention of S.8b of the Local Government Act 1993 and will compel Council to cut and/or reduce services to ease the unfavourable gap between income and expenditure.

46.   In July 2020 the Audit Risk and Improvement Committee (ARIC) expressed concern over the projected operating and cash flow deficits and that the estimates indicate that Council will not be financially sustainable and this will expose Council to significant risks to service delivery, governance and reputation.

47.   ARIC recommended that Council consider measures to immediately address the key financial sustainability risk, particularly in regard to increasing revenues to secure Council’s immediate and long term future. 

 

FILE REFERENCE

19/754 and D20/91538

 

 

 

ATTACHMENTS

Attachment 1

Rate Harmonisation Time Frame 2020

 


Georges River Council - Ordinary Meeting - Monday, 24 August 2020

CCL049-20              2021/2022 New Rates Program for Georges River

[Appendix 1]           Rate Harmonisation Time Frame 2020

 

 

Page 93

 

 


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                    Page 94

 

ASSETS AND INFRASTRUCTURE

NIL

 

COMMUNITY AND CULTURE

NIL

 

NOTICES OF RESCISSION

NIL


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 95

NOTICES OF MOTION

Item:                NM064-20                Accelerated Delivery of the Georges River Council Youtube Channel

Councillor:       Councillor Konjarski 

 

MOTION:

That, in light of the ongoing COVID-19 restrictions and the adverse impacts on the performing arts sector, Council accelerates the establishment of the dedicated Council YouTube channel as a platform for streaming performances with the aim of creating opportunities for the local community to experience cultural performances, supporting the arts industry and positioning Georges River Council as a leader in the arts.

 

DIRECTOR’S COMMENT

The proposal aligns with Phase 2 of Council's adopted Economic and Social Recovery Plan, the 'Revival' Phase and is also consistent with key objectives of the Georges River Council Events Strategy and the Community Strategic Plan 2018-2028 to promote the local government area and celebrate community and cultural identity.

FINANCIAL IMPLICATIONS

The establishment of a Georges River YouTube channel incurs no additional cost to Council.

In the event that this resolution is adopted by Council, Officers will ensure existing events, as outlined in the Connecting the Community with COVID-19 Safe Events Program, are prioritised for publishing on the YouTube channel.

FILE REFERENCE

D20/194177

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 96

Item:                NM065-20        COVID-19: Maintaining and Enhancing Business Confidence into 2021 and Beyond

Councillor:       Councillor Liu 

 

MOTION:

(a)    That Council continue to enhance its COVID-19 Economic Social Recovery Plan and introduce a program to promote and encourage local business to become “COVID safe” and survive during the current pandemic and into 2021.

(b)    That the “COVID safe” program provide information to businesses and the broader community on:

i.    financial support available from the all levels of government for business;

ii.    how Council is supporting “buy local” and what the local community can do to support local businesses;

iii.   keeping your business running and the community COVID Safe; and

iv.   how to promote your business and learn new skills to survive and thrive.

 

DIRECTOR’S COMMENT

A number of promotional activities have been planned as part of Council’s adopted Economic and Social Recovery Plan and the activities described within the proposed Motion could be included within that promotion.

FINANCIAL IMPLICATIONS

Should Council resolve to enhance its COVID-19 program as proposed by this Motion, the promotion of the services and programs offered by Council and (other levels of government) can be accommodated within the existing City Strategy and Innovation communications and economic development budgets.

FILE REFERENCE

D20/183246

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                     Page 97

Item:                NM066-20                Amendment to Debt Management and Hardship Policy (Investigation of Low Income Rate Rebate)

Councillor:       Councillor Tegg 

 

MOTION:

(a)    That the General Manager prepares a comprehensive report on the feasibility of amending Council’s Debt Management and Hardship Policy to introduce a Low Income Rate Rebate (LIRR) for the 2021/22 financial year.

(b)    That the report address (amongst other things):

i.    Adoption of the Henderson Poverty Line + 15% as an appropriate household income benchmark from which ratepayer eligibility should be assessed;

ii.    The establishment of an annual application system that would enable eligible ratepayers to obtain a LIRR (in addition to entering into a payment plan if required);

iii.   The establishment of a tiered LIRR approach (with appropriate modelling of rebates between $75 and $150) to assess the impact on Council’s total rates income and adopted operating deficit on both an annual and longer term basis;

iv.   The impact that the introduction of a LIRR would have on Council’s upcoming application to the NSW Independent Pricing and Regulatory Tribunal for the harmonisation of the minimum rate and rate in the dollar and the introduction of a Special Rate Variation in 2021; and

v.   The operation of other similar rate rebate schemes for low income households that may exist in the Sydney metropolitan area.

 

 

DIRECTOR’S COMMENT

At its meeting in December 2019, Council adopted a range of amendments to the Debt Management and Hardship Policy to enable eligible ratepayers to make rate payments by instalment and other arrangements such as interest-free instalment payments.

Further amendments were made to the Policy in June 2020 to enable eligible pensioners to pay their rates monthly or defer payment of rates until such time as their property was sold, without attracting penalty interest.

FINANCIAL IMPLICATIONS

Should Council resolve to support this Motion, the financial implications will be provided in a future report.

FILE REFERENCE

D20/183213

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                    Page 99

Item:                NM067-20        Congratulations to Georges River Council Officers - NSW Local Government Excellence Awards

Councillor:       Councillor Grekas 

 

MOTION:

That Council congratulate Council’s People and Culture Team, participating Councillors and staff for achieving Highly Commended for two award submissions in the NSW Local Government Excellence Awards 2020.

 

DIRECTOR’S COMMENT

Council’s People and Culture team has been awarded Highly Commended in two award categories as part of the NSW Local Government Excellence Awards 2020, based on two major learning and cultural development programs delivered in 2019.

The NSW Local Government Excellence Awards celebrate outstanding achievements, whilst promoting innovation and continuous improvement within NSW local government.

As a result, Council’s People and Culture team has been awarded Highly Commended in two (2) categories; (1) Excellence in People and Culture and (2) Innovation in Leadership and Management for the following Council projects;

 

Award: Excellence in People and Culture (Population over 60,000)

Nomination: River Run All-Staff Conference 2019

Council’s all-staff conference was recognised for its innovative approach to delivering key corporate messages through a highly inclusive, creative and interactive forum. River Run enabled 545 staff to come together over 4 days in August 2019 to engage with staff from different directorates and participate in a collective effort to establish and embed shared goals, values and the pillars that underpin the continued success of Council.

The program was developed by staff for staff, with over 80 staff playing a role in the development and delivery of the program. The focus of the program was to create a connection to purpose for Council employees centering around 4 interactive and innovative workshops;

1. Why Am I Here? - Council’s Vision and the Community Strategic Plan

2. The Caped Crusader – Code of Conduct

3. Risky Business – WHS Risk Assessments

4. Whose Role Is It Anyway? – Customer Service

River Run has been recognised as a unique, cost effective and valuable professional development initiative that contributes to supporting an inclusive culture, meeting key compliance and legislative training through a highly practical, relevant and innovative approach.

 

Award: Innovation in Leadership and Management (Population over 60,000)

Nomination: TRUE Women Leadership Program

The establishment of this female leadership program for high school students was credited as a forward-thinking initiative that encouraged and enabled a learning culture for both employees and the community. Councillor Grekas initiated the concept of a girls high school leadership program which saw 100 school students from 6 local high schools come together, receiving mentoring from 35 female Council staff and 3 Councillors: Councillor Sandy Grekas, Councillor Nancy Liu and Councillor Colleen Symington. The inclusivity in the approach to the development and facilitation of the program, demonstrating collaboration between Councillors, staff and the community as well as the creative and interactive design of the program afforded the program’s recognition.

Achieving this recognition provides outstanding acknowledgement for Council as a workplace that strives to achieve a positive employee experience and one that focuses on investing in building people capability to deliver.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D20/187997

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 100

Item:                NM068-20                Congratulations to Officers on the Establishment of Oatley West Early Learning Centre

Councillor:       Councillor Symington 

 

MOTION:

That, in light of the September 2020 opening of the newly constructed Oatley West Early Learning Centre, Council congratulates Council Officers for their outstanding efforts in the construction and fitout of Oatley West Early Learning Centre.

 

DIRECTOR’S COMMENT

Oatley West Early Learning Centre is due to open in September 2020. The Centre was established in accordance with Pillar five of the Community Strategic Plan 2018-2028 to support the social and cultural connectedness of the community and is in line with the Children’s Services Strategy 2017-2020.

The interior of Oatley West Early Learning Centre was designed with a play based learning approach. The purpose built, hand selected interiors have a strong focus on natural, recyclable and organic materials. The resources, furniture and fittings have created a sustainable, innovative environment that provides a safe, engaging space for children and their families to enjoy. The ongoing operation of the 49 place centre will focus on best practice initiatives within the National Quality Standards and ensure high quality educational experiences for children.

FINANCIAL IMPLICATIONS

There is no financial/budget impact for this recommendation.

FILE REFERENCE

19/832

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 101

Item:                NM069-20        Donation to Red Cross Lebanese Appeal

Councillor:       Councillor Hindi 

 

MOTION:

(a)    That Council donate $30,000 to the Australian Red Cross appeal in support of the Lebanese people who have suffered through the tragic explosion in Beirut on 5 August 2020, which killed over 200 people, injured more than 6,000 people, and left nearly 300,000 people homeless; and

(b)    That Council encourages the local community to donate directly to the Australian Red Cross appeal, with information to be promoted through Council’s website and social media channels.

 

DIRECTOR’S COMMENT

The Motion is consistent with Council’s Grants, Donations and Sponsorship Policy 2020.  It is noted that the Australian Red Cross is a registered charity.

The Australian Red Cross has launched an appeal to raise and channel funds to the Lebanese Red Cross.

Other Australian charitable organisations accepting donations in support of the Lebanese tragedy include Muslim Aid Australia and Human Aid Australia.

FINANCIAL IMPLICATIONS

The total donation request for Council’s approval is $30,000. The approved 2020/21 budget for donations to the community is $50,000. The current remaining budget (exclusive of this request) is $50,000.

FILE REFERENCE

D20/188901

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 102

Item:                NM070-20        Proposed Changes to Georges River Local Government Area Boundary

Councillor:       Councillor Badalati 

 

MOTION:

(a)    That, in accordance with Section 218E of the NSW Local Government Act 1993, the General Manager prepare an Amalgamation Proposal to be submitted to the Minister of Local Government, proposing an amalgamation of the areas located in Riverwood and Narwee between the Georges River Council LGA and Watson Electoral Division boundary lines by making use of the M5 motorway which lies on the Watson boundary line and the natural boundary of Salt Pan Creek which is also the boundary of the State Electoral District of Oatley. These areas are currently located within the Canterbury Bankstown LGA.

(b)    That prior to the submission of the Amalgamation Proposal, the General Manager conduct appropriate community engagement in respect to the proposed boundary changes.

 

MANAGER’S COMMENT

Council previously considered boundary adjustments in 2019, with two reports (FIN047-19 and FIN086-19) and a Councillor workshop (21 October 2019).  At its meeting on 16 December 2019, Council resolved that the status quo remain regarding boundaries, wards and Councillor numbers.

Any proposal where Council is seeking to expand the Local Government Area (LGA) in a manner that would include electors who are currently in another LGA is defined as an ‘Amalgamation Proposal’.

The Minister must refer an amalgamation proposal for examination to the Boundaries Commission.  After receiving a formal response, the Minister may then recommend to the Governor that the proposal be implemented, that it be implemented with modifications, or that it be declined. The process that the Minister must undertake is detailed in Section 218F of the Act. The role of the Boundaries Commission is detailed in Section 263 of the Act.

The outcome of the amalgamation proposal would determine the final ward boundaries within the LGA.

FINANCIAL IMPLICATIONS

Should Council resolve to support this Motion, the financial implications will be provided in a future report.

FILE REFERENCE

D20/197445

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 104

Item:                NM071-20        COVID-19: Public Attendance at Georges River Council Meetings

Councillor:       Councillor Hindi 

 

MOTION:

That, in order to maintain the good reputation of Georges River Council in relation to openness and transparency, Council permit the public to attend Council meetings similar to the arrangement that Bayside Council has adopted with particular attention being paid to social distancing and the current public health orders.

 

MANAGER’S COMMENT

From July 2020, Bayside Council commenced holding meetings of Council at Rockdale Town Hall in order to enable limited public attendance and comply with social distancing guidelines and NSW Public Health Orders. Up to fifteen (15) members of the public could now attend a Council meeting at the Town Hall.

However, consistent with the NSW Public Health Order relating to public gatherings, OLG Circulars relating to non-essential meetings and WHS regulations, Bayside Council is actively discouraging personal attendance by members of the public and is instead, providing the public (speakers) with the opportunity to participate remotely through Microsoft Teams or have their address read out by staff. 

Therefore, as a result of this arrangement no members of the public have personally attended any Bayside Council meeting during the COVID-19 pandemic.

Since April 2020 Georges River Council has expended approximately $30,000 on upgrading software, audio visual and other equipment, and installing permanent changes to meeting rooms to enable Council meetings to continue to be held within the Georges River Civic Centre building during the COVID-19 pandemic and beyond.

This expenditure has enabled Council to ensure the business conducted at its meetings continues to be open and transparent whilst also complying at all times with the NSW Public Health Orders, Federal Government health guidelines, OLG Circulars and relevant WHS legislation.

Notwithstanding this, to enhance existing arrangements, Council could offer a similar service to Bayside Council by providing the opportunity for registered speakers to participate remotely via Council’s Skype broadcast.

The majority of metropolitan Councils are not currently permitting members of the public to attend Council meetings in person at this time. Georges River Council is currently applying a similar restriction to ensure the safety of Councillors and Council Officers is prioritised at all times.

Notwithstanding the above, should Council wish to provide members of the public with additional opportunities to participate in Council meetings, up to 6 registered speakers could be permitted to attend Council meetings (not Committee meetings), subject to prior registration and provision of personal details for contact tracing purposes.


 

 

FINANCIAL IMPLICATIONS

Unbudgeted funds of $30,000 has been spent on the relevant upgrades required to date.

FILE REFERENCE

D20/198189

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 105

QUESTIONS WITH NOTICE

Item:                QWN014-20 Media Statement - St George and Sutherland Shire Leader 

Author:            Councillor Badalati

Directorate:     Office of the General Manager

Matter Type:    Questions with Notice

 

COUNCILLOR QUESTION

1.  Why was a Media Statement sent to the St George and Sutherland Leader (The Leader) with the Code of Conduct recommendation from the investigator and the Council Resolution regarding me?

 

2.  Who authorised this?

 

3.  The resolution of Council was to support the investigator’s recommendation of censure against me and that it be made public through the minutes of the meeting. Why therefore, was a Press Release sent to the Leader?

 

4.  This I am advised was withdrawn within a few hours and replaced with a "Media Statement". Why did this occur? This was contrary to the Council Resolution.

OFFICER RESPONSE

1.  During a meeting at Council on Thursday 25 June 2020, The Leader requested a statement relating to the Councillor Badalati Code of Conduct matter and the resolution of Council.  A draft holding statement which summarised the decision of Council was prepared and handed to The Leader at the meeting. 

 

2.  The General Manager.

 

3.  See answer 1 above.

 

4.  Following formal publication of the Minutes of the June 2020 Council Meeting, The Leader was provided (on Friday 10 July 2020) with the final Media Statement containing an extract from the Council Minutes. Council resolved to make public the findings of misconduct by Councillor Badalati by publishing the findings in the Minutes.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                   Page 106

Item:                QWN015-20 Status of Technical Investigations - Todd Park 

Author:            Councillor Landsberry

Directorate:     Office of the General Manager

Matter Type:    Questions with Notice

 

COUNCILLOR QUESTION

Can the General Manager please advise the status of the detailed technical investigations on the suitability and feasibility of Todd Park for a proposed new aquatic facility?

OFFICER RESPONSE

Council officers issued a Request for Quotation (Q20/088) to procure the relevant technical reports in June 2020. 

The successful contractor was appointed in July 2020.  Work has commenced in consultation with the relevant authorities and agencies, including detailed geotechnical investigations, traffic impact study and traffic management plan, civil works review, local flood study, heritage study, arboriculture study and a sports and recreation review. 

Depending on weather and site conditions, investigations are anticipated to be finalised in Quarter 2 of the financial year.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 24 August 2020                                                                                                                                                                  Page 107

Item:                QWN016-20 Cafe/Kiosk in Carss Bush Park, Carwar Avenue, Carss Park - Lease Arrangements 

Author:            Councillor Landsberry

Directorate:     Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

Can the General Manager please advise the process of the recent lease granted to Carss Park Kiosk, including the duration of the lease granted to the new operators?

 

OFFICER RESPONSE

No new lease has been granted for the Carss Park Kiosk/Café.

In June 2020, Council was advised by the former tenant of its intention to assign (transfer) the lease to another party as permitted under the terms of the lease. The assignment, in effect, transferred the lease to another party in July, 2020.

Lease terms remain unchanged with the lease expiring in early 2024.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

     


Georges River Council – Ordinary Meeting -  Monday, 27 July 2020                                                                                                                                                                       Page 108

CONFIDENTIAL (CLOSED SESSION)  

CONFIDENTIAL ITEMS (CLOSED MEETING)

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

 

RECOMMENDATION:

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

CCL042A-20     Code of Conduct Investigation Report: Councillor Christina Wu

(Report by Complaint Coordinator (Director, Legal Services and General Counsel))

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (I) it is considered the matter alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

 

CCL043A-20     Code of Conduct Investigation Report: Councillor Vince Badalati

(Report by Complaint Coordinator (Chief Audit Executive))

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (I) it is considered the matter alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

 

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

 

OPEN COUNCIL

CONSIDERATION OF CLOSED COUNCIL RECOMMENDATIONS