EXECUTIVE SUMMARYThe Council's Audit and Risk Management Committee held its quarterly meeting on 7 May 2012. The independent Chairperson, Mr. Bryce McNair, has submitted a covering letter and minutes of the meeting for Council's consideration.AUTHOR RECOMMENDATIONTHAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.REPORT DETAILThe Audit and Risk Management Committee held its quarterly meeting on 7 May 2012.The independent Chairperson, Mr. Bryce McNair, has submitted the following letter and attached minutes of the meeting for Council's consideration:
On behalf of the Audit & Risk Committee, I am pleased to transmit the draft Minutes of the meeting held on 7th May 2012.
The Committee noted Council’s agreement to change the name and Charter of the Committee to include risk management and put in place administrative measures to reflect the new emphasis.
The Committee considered progress on the execution of the annual Audit Plan and on the implementation of the recommendations of internal audit reports and formed the view that the internal audit function is well managed, well-resourced and supported by Council management.
This view was confirmed by the Annual Audit Review conducted by the independent Chair of the Committee which was based on surveys collected from the Internal Auditor, the members and regular invitees to Audit and Risk Committee meetings and the “customers” of the process – the line managers whose areas have been investigated during the year.
Should Council have questions about the Committee’s work, I would be happy to provide further information.
This report is now submitted for Council's consideration.RESOLUTION - CCLTHAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.
EXECUTIVE SUMMARY1. The application seeks approval for the demolition of existing structures onsite and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana.2. The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by approximately 4m.3. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994 however, it presents a variation to Development Control Plan No 1 in reference to the maximum height requirement for flat roofed dwellings.4. The application was notified to twelve (12) adjoining properties for fourteen (14) days and two (2) submissions were received in reply.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks approval for the demolition of existing structures onsite and construction of a new two (2) storey dwelling house including a swimming pool and cabana to the rearThe proposed dwelling is part one (1), part two (2) storey dwelling where at grade access from street level leads directly into the first floor level which for the purpose of clarity be referred to as the “upper floor level” and the ground floor level which leads to the rear yard would be referred to as the “lower ground floor level”.The upper floor level consists of a double garage, an entry foyer with stair case leading down, a sitting room directly adjacent to the entry foyer and four (4) bedrooms and three (3) bathrooms where the master bedroom positioned to the rear of the dwelling with access to a rear facing balcony to the west.The lower ground floor level contains a study room, theatre room, laundry, a bathroom, kitchen, dining and a living area with direct rear access unto a covered patio area.The rear facing patio area overlooks the proposed 8m by 3.5m swimming pool followed by a cabana outbuilding with provisions of an outdoor toilet located along the northern side of the site with open sides and approximate dimensions of 5m by 5m.The remainder of the site is proposed to be turfed extending approximately a further 11m to the rear where it adjoins Hurstville Golf Course. A 1m high masonry front fence is proposed extending back along the side boundaries up to the front building alignment.The proposed dwelling is a single storey dwelling from the street elevation and two (2) storey from the rear where the land experiences a sharp embankment in the order of 3m in a space of 1.5m which resulted in a breach in height from a maximum of 7.8m for flat roofed dwellings to 9m as proposed.Otherwise, the proposed development complies in full numerically and objectively and seeks to retain one (1) street tree (Brushbox) where the proposed design was amended to ensure the retention of the subject tree.DESCRIPTION OF THE SITE AND LOCALITYThe site is a rectangular shaped site with a frontage of 13.715m to Ballantyne Road Mortdale and an area of 752.4sqm. The site is located on the western side of the street. Existing on the site is a part one (1), part two (2) storey dwelling house Adjoining the site to the north and south sides are also part one (1), part two (2) storey single dwelling houses where all of which adjoin Hurstville Golf Course from the rear. The site is located within the Foreshore Scenic Protection Area and is generally residential in character.The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by an additional 4m.There is a main sewer line traversing across the site approximately 21m east (towards the front) of the rear boundary and the site also contains class 5 acid sulphate soils.COMPLIANCE AND ASSESSMENTThe development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. 1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLANThe land is zoned 2 – Residential and the proposed use is permissible within the zone. The proposal meets the zone objectives.Clause 14 - Tree preservation orders
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCYThe proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided. DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS The proposed fence is a 1m high masonry fence across the site’s frontage and extending along both side boundaries to the front building alignment. The proposed fence will allow for natural surveillance and is considered satisfactory to the provisions of this section.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING
There is an embankment in the land across the subject site sloping from front to rear in the order of 3m within a space of 1.5m where the land begins to progressively slope further to the rear by an additional 4m. Hence, the proposed design being a single storey from street elevation and two (2) storeys from its rear elevation.This has resulted in a breach in overall height of the proposed dwelling in this section whereby a variation is sought in regards to the maximum permitted height of 7.8m to top of parapet in flat roofed dwellings. Whilst, the proposal is 9m in this regards, this breach is limited to a rectangular area centre of the dwelling that is 3.6m wide by 9.8m long.Without this design rational, the dwelling would not be able to achieve a minimum of 2.4m floor to ceiling height at its front section as it should to satisfy the provisions of the Building Code of Australia.Further, whilst the proposal may be in breach of the 7.8m height limit the following should be noted:* The overall height does not exceed the 9m which would comply had the roof design been pitched type however, in this case a pitched roof type would result in completely eliminating the upper floor level limiting the development to staggered single storey design possibly with stairs or lift access.* A pitch roof design would also result in a higher building when viewed from the street.* The proposed dwelling is a single storey dwelling from the front elevation and when viewed from the street.* The subject site adjoins Hurstville Golf Course from the rear hence not posing any detrimental privacy impact in this regards.* The proposed development in general complies in full numerically in all other aspects.* The proposed is predominantly consistent with the existing character in its locality and the existing dwelling onsite proposed to be demolished.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS
The height of the outbuilding exceeds the recommended 3m height control by 600mm from the south western corner of the structure only where the land is at its lowest topography. This variation is considered negligible given the site’s steep topographical conditions.In addition the subject outbuilding is a single storey structure which would not result in any detrimental shadow impacts or privacy impacts for that matter as the proposal provides an 18m long by 1.8m high along the northern side boundary to the extent of the rear patio area, the swimming pool area and the subject cabana outbuilding.As such this variation is supported.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS
4. ImpactsNatural EnvironmentThe proposal seeks to retain the street tree and replant additional vegetation around the site, there is no vegetation proposed to be removed as a result of the proposal.Further, specific conditions of consent have been added should this application be approved to control the amount of discharge into the golf course via the provision of an OSD. The proposal in this regards is considered to pose minimal impact upon the natural environment.Built EnvironmentThe subject site contains a steep slope from front to rear in the order of 7m in total whereby 3m of which are encountered within a space of 1.5 linear metres towards the front.Despite the land topography the proposal has maintained a single storey dwelling when viewed from the street which is consistent with the adjoining development.Similarly, the proposal still achieves the minimum required solar access to the adjoining properties despite its predominant east to west orientation.The proposed design also allows for adequate cross ventilation and solar access to the subject development itself.Further, provisions have been made for privacy screens along the northern side boundary fencing to prevent any possibility of overlooking that is created as a result of the slope in the land.The site does not contain any heritage listed items or located within the vicinity of a heritage listed item.As such, the proposal in its current for is not considered to pose any detrimental impacts upon the built environment.Social ImpactThere are no adverse social impacts. Economic ImpactThere are no adverse economic impacts.Suitability of the SiteThe subject site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not identified as being bushfire affected, flood affected or believed to contain contaminated lands. The site is affected by Class 5 acid sulphate soils however, given the type of the development, the proposal does not require any tunnelling or any extent of excavation that is unlikely to lower the water table or pose any detrimental impacts that would render the subject site as unsuitable for the proposed development.5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Notification has been extended to twelve (12) adjoining properties and two (2) submissions were received in reply. The concerns outlined in the submissions and their respective comments are discussed as follows.Height
Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.
Please refer to the web site www.sydneywater.com.au for:· Quick Check agents details - see Building and Developing then Quick Check; and· Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building and Developing then Building and Renovating.
or telephone 13 20 92.
(a) Pump concrete from within a public road reserve or laneway. (b) Stand a mobile crane within the public road reserve or laneway. (c) Use part of Council's road/footpath area. (d) Pump stormwater from the site to Council's stormwater drains. (e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.
an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.86. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.RESOLUSION - CCLTHAT the application be approved in accordance with the conditions included in the report.
EXECUTIVE SUMMARY1. The proposal seeks approval for ground and lower ground additions and a new garage to the front of the existing dwelling situated on a battleaxe allotment. 2. The proposal seeks variations to the minimum side setback of garage and maximum ridge and ceiling heights allowed under the single dwelling controls of Development Control Plan No 1 - LGA Wide.3. The subject site is located within the Foreshore Scenic Protection Area, Bush Fire Prone and Buffer Zone and is affected by a Foreshore Building Line – measured 30m from the Mean High Water Mark. 4. No submissions were received in relation to this application. AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks approval for ground and lower ground additions and a new garage to the front of the existing dwelling. In detail, the proposal is to contain the following building works:Dwelling (Ground floor level)* Internal alterations to the existing ground floor living areas to accommodate a new front porch, entry foyer, study, enlarged master bedroom with an ensuite bathroom, enlarged kitchen and internal stairs to the lower ground floor level.* A new living/dining room is proposed to the rear of the ground floor living areas with an additional floor area of 43.55sqm. This newly created living/dining room has setbacks ranging from 1.2m to 1.3m from the southern side boundary of the site.* New windows and doors are proposed mainly towards the front and rear of the dwelling with the exception of three (3) high-light windows to the existing northern wall of the enlarged bedroom and ensuite bathroom.* A new covered outdoor dining with a barbeque area is proposed to the rear of the ground floor living area. Dwelling (Lower ground floor level)* A new laundry is proposed to the northern side of the existing storeroom.* The rear portion of this level is to be extended towards the rear yard with a new rumpus with a balcony, three (3) bedrooms and bathroom. This results in an additional floor area of 69.76sqm. * The newly created bedrooms are to have setbacks of 1.2m and 1.4m from the southern side boundary and northern side boundary, respectively. Garage* A double garage is proposed over the existing concreted area/open car parking spaces to the front of the dwelling. An internal doorway is also proposed for the attached garage from the dwelling.* The proposed garage has a frontage of 5.6m, length of 6.56m and has a ceiling height of 3.9m from the existing ground level, which matches the existing ceiling level of the dwelling.* A 0.96m setback is proposed from the northern side boundary and has 0.1m setback from the eastern side boundary. A rear door access and landing with a 1.8m high privacy screen are proposed to the northern side of the garage.* Vehicular access is via the existing access handle for the battleaxe site, which is located on the south eastern side of the site. No other changes have been proposed to the existing landscaped areas on the site or within the 30m foreshore building line from the waterway, Salt Pan Creek to the rear/west of the site.DESCRIPTION OF THE SITE AND LOCALITYThe subject site is located on a battleaxe allotment and is irregular in shape with a width of 18.9m and an average depth of 76.2m. The subject site has an area of 1445.44sqm without the 99m long access handle from Belmore Road.The site falls steeply from the street to the Salt Pan Creek at the rear. This fall is made up of rock shelves and a retaining wall running across the mid-section of the rear yard. There are a number of trees within the rear yard, which are not affected by the proposal.Existing on the site is a part one (1) and part two (2) storey dwelling with two (2) open car parking spaces to the front of the dwelling. There is an existing sewer line running across the site within the rear yard.The subject site is adjoined by a two (2) storey dwelling to the south (5 Belmore Road) at a higher level than the subject dwelling with this neighbour’s garage being located closest to the common boundary. The two (2) storey dwellings (13 and 13A Belmore Road) to the north are set at a lower level than the subject dwelling. The subject site is located within Foreshore Scenic Protection Area and is identified as a Bushfire Prone Land. The area is generally residential in character within the Foreshore Scenic Protection Area.COMPLIANCE AND ASSESSMENTIn respect to Section 79BA(1)(b) of the Environmental Planning and Assessment Act 1979 - ‘Consultation and Development Consent - Certain Bush Fire Prone Land’, the application was accompanied with a bush fire risk assessment report and was certified by an accredited bush fire consultant (prepared by Building Code and Bushfire Hazard Solutions Pty Ltd and dated 11 May 2012). Accordingly, the proposal is seen to comply with this clause of the Environmental Planning and Assessment Act 1979 (as amended). The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979 (as amended). 1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLANThe land is zoned 2 - Residential. Dwelling houses are a permissible use in the zone. The proposal meets the zone objectives. The development is compliant with the Hurstville Local Environmental Plan 1994.Clause 14 – Tree Preservation OrdersThere are no trees affected by this proposal. Clause 15 – ServicesAdequate facilities for the supply of water and for the removal of sewage and drainage are available to this land.Stormwater, including the rainwater tank overflow, is proposed to be disposed by gravity to Salt Pan Creek via a silt arrestor pit. Council’s Development Engineer has reviewed the proposed drainage system and raised no objection subject to the drainage condition attached to the recommendation.Therefore the proposal is considered acceptable and is consistent with this clause of Hurstville Local Environmental Plan 1994.Clause 19 – Foreshore Building LinesNo works are proposed within the 30m Foreshore Building Line.Clause 19B – Foreshore Scenic Protection AreaThe site is located within the Foreshore Scenic Protection Area and as such Council must consider the objectives of this clause, notably.
The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No 1 – LGA Wide.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSESThe extent to which the proposed development complies with the single dwelling house controls is outlined in the table below.
The site is constrained by the natural contours and rock shelves throughout the site. Also a 5m fall exists directly underneath the building footprint of the dwelling from the front building line to the rear alignment of the dwelling.Due to these site constraints, the proposal has incorporated suspended concrete slab for the building platform and minimised the need for excavation of land or existing rock formation. This construction method is considered appropriate for the site to minimise disruption and detrimental effect on the existing drainage patterns and soil stability of the site.The proposal on its merit is considered acceptable on the following basis:* The non compliance with the maximum external wall height only applies to the newly created external walls of the ground floor dining/living room, due to the contours of the site. * The development is maintaining the existing floor level for the new living areas.* The existing floor-to-ceiling height is maintained with the proposed dining/living room and hence the proposal does not detract from the appearance of the existing dwelling. * The non compliance with the maximum ridge height of the dwelling is considered ‘negligible’, because the majority of the roof (up to 90% of the total roof area) remains well below the maximum ridge height of 9m from the existing ground level.* No water or district view from the adjoining properties would be lost with the increased external wall of the dining/living room or the increased ridge height of the dwelling.* As previously stated, the appearance of the proposed development is considered to be sympathetic to the existing dwelling and surrounding developments within the Foreshore Scenic Protection Area.* The impact from overshadowing from the increased external wall of the dining/living room is considered minimal between 12.00pm and 3.00pm midwinter. The overshadowing complies with Council’s controls.As such, the variations to the maximum external wall and ridge heights are recommended to be supported.(3) Setbacks – garage (eastern side)The proposed garage is to be erected over the existing open car parking spaces on the north eastern corner of the site. The location of the garage and consequently the setback from the eastern side boundary is considered acceptable for the following reasons:* The site has a number of constraints as to where car parking space can be provided, due to the physical settings of the dwelling and long access handle/driveway and natural contours of the land.* It is considered that the area between the dwelling and the southern side boundary is not suitable for car parking due to the grade of more than 10%. However this area can best be used as a turning area with the inclusion of the full driveway length across the front wall of the dwelling for vehicular manoeuvrability within the site. This will allow vehicles to enter and exit in a forward direction, which is considered appropriate for the subject site with a 99m long access handle/driveway.* The design of the garage has incorporated the aforementioned car parking solution for the site.* The garage cannot further be reduced in width internally and increase the setback from the eastern side boundary, because it has the minimum internal width required for a double garage. A tandem garage would not be suitable for the vehicular manoeuvrability and access reasons detailed above.* The proposed garage is single storey and hence no adverse amenity impacts are envisaged as a result of this non compliance with the setback of the garage.* Given the above reasons, the orientation and site conditions of the site warrants this variation because there is no alternative location for a garage within the site.* At present, the subject area is paved and used for uncovered parking spaces. This proposal is to provide weather protection to those areas.4. ImpactsNatural EnvironmentIt is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report. A sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts. Built EnvironmentThe proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds. As well the combination of materials to be used will be acceptable in appearance and hence the proposal will not have any adverse impact on the built environment. In respect to visual privacy, a condition has been included in the recommendation to reduce overlooking from the outdoor dining area with the provision of privacy louvres to the northern side of this area. In terms of overshadowing, the proposal would allow a minimum of three (3) hours to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.Social ImpactThe proposal is for residential purpose and will not have any adverse social impact.Economic Impact The proposal is for residential purpose and no adverse economic impact is envisaged.Suitability of the SiteIt is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. 5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResident Nine (9) letters were sent to adjoining residents and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received in response to the notification.Council ReferralsDevelopment EngineerThe proposal was referred to Council’s Development Engineer for comments and received no objection, subject to the following condition:
an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.62. If you need more information, please contact Development Assessment Officer Kevin Kim on 9330-6263 during normal office hours.RESOLUSION - CCLTHAT the application be approved in accordance with the conditions included in the report.
EXECUTIVE SUMMARYCouncil has resolved to set a new direction and adopted a long term vision for future of Hurstville City Centre. This direction and vision stems from the Hurstville City Centre Master Plan 2004 and subsequent investigations and consideration by Council. Following the adoption of the Draft Hurstville City Centre Local Environmental Plan 2011 (Draft HCCLEP) and while work progresses on a new development control plan, Council intends progressing this vision by amending the current City Centre DCP No. 2 and incorporating the adopted building height and floor space ratio controls from the Draft HCCLEP. This report outlines the proposed amendments to the DCP No. 2 for consideration and approval for exhibition. AUTHOR RECOMMENDATIONTHAT Council resolve to amend Hurstville City Centre DCP No. 2 by incorporating its adopted building height and floor space ratio controls from the Draft Hurstville City Centre Local Environmental Plan 2011 and exhibit the amendments.
THAT a further report on submissions received be submitted to Council after the exhibition.
THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.
FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.
REPORT DETAILHURSTVILLE CITY CENTRE MASTER PLAN - VISION FOR HURSTVILLE
The Hurstville City Centre Master Plan 2004 was adopted by Council in December 2004 to set a new direction for the City Centre, to reinforce its role as a regional centre in the St George Region with a vision to attract more high quality commercial and retail business activities, and to provide additional jobs and services for Hurstville residents. The vision is for Hurstville to become a vibrant and attractive place to work, shop and live by providing a framework for development and redevelopment of both private and public land with an emphasis on creating a high quality public domain and open spaces.This is to be achieved by integrating and co-ordinating the plans and aspirations of stakeholders and infrastructure providers for the long term development of the City Centre as a major regional centre while maintaining and protecting the residential character of the suburbs of Hurstville LGA. Seven key design principles were identified being:1. To develop a new bus interchange2. To create a new civic precinct3. To improve north-south connections4. To improve railway station access5. To create a sequence of public spaces6. To create park, green gateways, and street trees7. To simplify the traffic systemThe Master Plan identified a need for subsequent investigations and studies to further develop and implement its principles. These investigations, studies and workshops were undertaken between 2004 and 2010 and contributed to the suite of planning controls included in the recently exhibited and adopted Draft HCCLEP 2011.
EXECUTIVE SUMMARYThis report is presented to inform Council that Hurstville Oval has been awarded 3rd Place in the Sydney Cricket Association Inc Toro First Grade Ground of the Year competition.AUTHOR RECOMMENDATIONTHAT Council make an ex-gratia payment to Mr Lewis to the amount of $500 awarded to him by the Sydney Cricket Association Inc.FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining 3rd Place in Toro First Grade "Ground of the Year" Competition.REPORT DETAILThe sydney Cricket Association Inc Toro First Grade Ground of the Year competition awards are made to acknowledge the important contribution of groundstaff to the success of the Grade competitions, with officiating umpires assessing every ground on every match day during the season. This year, the following results have been achieved:
EXECUTIVE SUMMARY RailCorp has made representations to Council proposing to officially transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road.AUTHOR RECOMMENDATIONTHAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control. FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.REPORT DETAILIt has been revealed that the section of the public road between Treacy Street and the Road Underpass across rail corridor at The Avenue is owned by the State Rail Authority of New South Wales (RailCorp). RailCorp has advised Council the subject land was dedicated to Hurstville City Council by an Act of Parliament in 1909; however the dedication has never been registered at the Land & Property Information Office. The Registrar General of Land & Property Information has advised that to create the above dedication official, RailCorp are required to lodge a request (under Form 11R) to the Land & Property Information Office to transfer titles of this land in the name of Hurstville City Council as a public road. The Land & Property Information Office also requires an acknowledgement letter from Council accepting the land as a public road under the Council’s care and control. Accordingly, RailCorp has written to Council proposing to officially transfer the titles of the subject land to Council as a public road. RESOLUTION - CCLTHAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control. FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.
EXECUTIVE SUMMARYHis Worship the Mayor, Councillor S McMahon has received an invitation on behalf of Hurstville City Council to attend a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012. AUTHOR RECOMMENDATIONFor Council consideration.REPORT DETAILOn the 23rd May 2012, His Worship the Mayor, Councillor S McMahon has received an invitation by email inviting Hurstville City Council to support a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012 through the purchase of ticket/s to the event. The promotional flyer for the event is attached. It is noted that a similar event is held annually by the local Salvation Army zone, and Hurstville City Council supported last year's event, a Fundraising Breakfast. Tickets are $97.00 each or a table can be purchased for $970. At the time of preparing the report, the current budget of $10,000 for Members Community & Charitable Events, has a remaining balance of $6,479. Should Council adopt support for the event, interested Councillors will need to contact the Executive Assistant, Ms R Lane who will confirm arrangements.RESOLUTION - CCLTHAT Council purchases a table for the event.
EXECUTIVE SUMMARYTo update Councillors on the status of Questions With Notice raised at previous Council meetings.AUTHOR RECOMMENDATIONTHAT the information be received and noted.REPORT DETAILSThe Outstanding Questions With Notice report is now submitted as an appendix for the information of Councillors.RESOLUTION - CCLTHAT the information be received and noted.
AUTHOR RECOMMENDATIONTHAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed- prejudice the position of a person who supplied it, or- confer commercial advantage on a competitor of the council.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 could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions. FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.RESOLUTION - CCLTHAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed- prejudice the position of a person who supplied it, or- confer commercial advantage on a competitor of the council.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 could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions. FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.
To the General Manager Mr. Lampe, If the rescission motion in question for 8 Crofts Avenue was submitted using the correct procedure as outlined under the Council's Code of Meeting Practice and the Code of Conduct :
a) Why then did you consider it necessary to seek legal advice in relation to it outside of Council? and,
b) Why wasn't the Council's Ombudsman who is Council's appointed arbiter on the Council's Code of Meeting Practice and the Code of Conduct involved in ajudicating on this matter?
c) At which future Council Meeting will a transcript of this legal advice be presented to Council for perusal by all Councillors outlining all legal costs passed on to Hurstville ratepayers? OFFICER RESPONSECOUNCILLOR BACKGROUND
At the previous May full Meeting of Council I finally received a (YES) answer from the General Manager to my question with notice of` 'Was legal advice sought by yourself outside Council in reference to the Rescission Motion for 8 Crofts Avenue ?" Unfortunately the Mayor Cr. McMahon prevented me from asking any supplementary questions on that evening to the simple (YES) that I received and that is why these questions with notice are now being asked!RESPONSE - CCL
COUNCILLOR QUESTIONAccording to Clause 217 (1) (b) of the Local Government (General) Regulation 2005, an annual report of a council is to include specific information in relation to senior staff remuneration, such as the total remuneration package, the salary component, any bonus or performance payments, Council’s contribution to superannuation, non-cash benefits and FBT payable by council on non-cash benefits.I note however Council provided only the total remuneration package of the General Manager and each of the Directors when reporting on senior staff remuneration in the Annual Report 2010-2011.Accordingly, could a report please be submitted to council on the individual remuneration paid to each senior staff member in 2010/11, showing details such as the:• Total remuneration package, • Total value of the salary component of the package, • Total amount of any bonus payments, performance payments or other payments made that do not form part of that package, • Total amount payable by Council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the staff member may be a contributor, • Total value of any non-cash benefits for which the member may elect under the package and • Total amount payable by the council by way of fringe benefits tax for any such non-cash benefits?Further, could such information please be included in Council’s Annual Report 2011-2012, as required by the legislation?OFFICER RESPONSECOUNCILLOR BACKGROUNDClause 217 (1) of the Local Government (General) Regulation 2005 states:For the purposes of section 428 (2) (r) of the Act, an annual report of a council is to include the following information: (b) a statement of the total remuneration comprised in the remuneration package of each senior staff member employed during the year that is to include, for each such member, the total of the following: (i) the total value of the salary component of the package,(ii) the total amount of any bonus payments, performance payments or other payments made to the member that do not form part of the salary component of the member's package,(iii) the total amount payable by the council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the member may be a contributor,(iv) the total value of any non-cash benefits for which the member may elect under the package,(v) the total amount payable by the council by way of fringe benefits tax for any such non-cash benefitsRESPONSE - CCL
COUNCILLOR QUESTIONCould I please be advised the % of correspondence that was completed within 21 days for each quarter in 2010-2011?I note such statistics were included in Council’s Annual Report 2009-2010 but were not included in Council’s Annual Report 2010-2011.OFFICER RESPONSECOUNCILLOR BACKGROUNDIn relation to Council’s Key Performance Indicator, “Meet Customer Satisfaction Charter standards, including response time on correspondence, customer requests and phone answering statistics”, the following comments were provided:
COUNCILLOR QUESTIONWould Council please provide details of the staffing resources available to deliver the works and services identified in the Operational Plan 2012/13, based on equivalent full-time employment (EFTs), including permanent full-time and part-time staff and excluding temporary and casual appointments, in such areas as:• General Manager’s Office• Group Managers• Strategic Planning / Community Services• Building Services• Development Services• Public and Environmental Health• Regulatory Support • Asset Management• Engineering Works• Open Spaces and Reserves• Waste Management• Engineering Support• Administrative Services• Financial Services• Information Services• Human Resources and Risk• Commercial Services?Further, what are the total estimated salaries and wages, including oncosts for 2012/13?OFFICER RESPONSECOUNCILLOR BACKGROUNDRESPONSE - CCL