Business Paper Ordinary Meeting€¦ · Wentworth Falls 3 16 Bowens Creek Road and Bush Fire Neighbourhood Safer Places at Mount Wilson and Mount Irvine 4 18 Council's Role in Building

Business Paper Ordinary Meeting

Venue: Administrative Headquarters Civic Place Katoomba Meeting: 7.30pm 29 January, 2019

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ORDINARY MEETING

29 JANUARY 2019

AGENDA

ITEM NO.

PAGE SUBJECT COMMENTS

PRAYER/REFLECTION (and Recognition of the Traditional

Owners, the Darug and Gundungurra People)

APOLOGIES CONFIRMATION OF MINUTES Ordinary Meeting held on 11 December 2018 DECLARATIONS OF INTEREST MINUTE BY MAYOR 1 13 Acknowledging the passing of Tom Coley 2 14 Visitor Safety Management - Lincoln's Rock

Wentworth Falls

3 16 Bowens Creek Road and Bush Fire

Neighbourhood Safer Places at Mount Wilson and Mount Irvine

4 18 Council's Role in Building Certification and

Approval Processes

5 20 Warragamba Dam Raising

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ITEM NO.


6 21 5G Network 7 22 Response to Proposal to Build Tunnel

through Blue Mountains

8 23 International Campaign to Abolish Nuclear

Weapons

NOTICES OF RESCISSION 9 27 Rescission Motion: Minute No 466 of 11

December 2018 Council Meeting - "Springwood Country Club - Building Remediation"

REPORT(S) BY GENERAL MANAGER

10 31 Monthly Progress Report on Improvement Plans Adopted in Response to Investigation Reports Attachment x 1 Enclosures x 2

11 38 Confidential Business Paper - Code of

Conduct Review

PROVIDING GOOD GOVERNMENT

12 41 Administration of Local Government Election 2020

13 46 Adoption of Fraud and Corruption Prevention

Policy Attachment x 1

14 60 Easy to Do Business

15 62 Performance of Investments December 2018

16 67 Proposed category for fee waiver, refunds and reductions under the Local Government Act - town centre markets

17 70 Community Assistance Donations

Recommendation by Councillor

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ITEM NO.


LOOKING AFTER PEOPLE

18 71 Blue Mountains City of the Arts Trust Advisory Committee Membership

USING LAND

19 73 Development Control Plan 2015 Amendment 3 - Period Housing Conversion to Heritage Conservation Areas Attachment x 1

20 79 Variations/Exceptions to Development

Standards Attachment x 1

21 84 Confidential Business Paper - 170-174 Leura

Mall, Leura - Mediation and Property Matters

22 85 170-174 Leura Mall, Leura - Future Property

Options

NOTICES OF MOTION

23 93 Katoomba Town Centre Arcade and precinct update

24 94 Safety at Lincoln’s Rock, Wentworth falls

25 95 DA for Bell Quarry Rehabilitation Project at Clarence

26 99 Katoomba Strategic Centre Reference Group PRECIS OF SELECTED

CORRESPONDENCE

27 109 Precis of Selected Correspondence

Attachments x 2

QUESTIONS WITH NOTICE

28 115 Damaged trees in Gladstone Road, Leura

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ITEM NO.


29 116 Katoomba Golf Course

30 117 Katoomba Civic Centre Precinct RESPONSES TO QUESTIONS WITH

NOTICE

31 121 Response to Question re GIPA legal costs

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THE COUNCIL MEETING Blue Mountains City Council meetings are conducted in accordance with Council’s adopted Code of Meeting Practice. This Code is available via the Council website, from Council offices and in Council meetings. http://www.bmcc.nsw.gov.au/yourcouncil/councilmeetings Councillor Seating Map While the Councillor and Senior Staff seating map indicates the seating arrangement in most Council meetings, occasionally the seating may change based on the change to the venue or content experts. Business Papers and Minutes Before each Council meeting, a Business Paper is prepared detailing the items that are to be presented to the Council meeting. Readers should be aware that the Recommendations and Notices of Motion as set out in the Council Business Paper are simply proposals to the Council for its consideration. The Council may adopt these proposals, amend the proposals, determine a completely different course of action, or it may decline to pursue any course of action. The decision of the Council becomes a resolution of the Council and is recorded in the Council Minutes. Readers are referred to this separate document. The Council Business Paper and the Council Minutes are linked by the common Item Numbers and Titles. Minutes from the meeting are confirmed at the following meeting, until then they are presented as draft unconfirmed minutes. To Register to Speak at a Council Meeting Members of the public are welcome to address the Council on any items of business in the Business Paper other than:

• Unconfirmed Minutes; • Minutes by the Mayor; • Rescission Motions; • Councillor Reports; • Questions with Notice; • Responses to Questions without Notice; • Responses to Questions with Notice; • Notices of Motion (including Rescission Motions) • the Précis of Correspondence; and • Matters of Urgency.

To address the meeting a speaker’s registration form must be completed at the speaker’s registration desk on the night of the Council meeting. To pre-register, the speaker’s registration form must be emailed no later than 4pm on the day of the meeting to [email protected].

http://www.bmcc.nsw.gov.au/yourcouncil/councilmeetings

mailto:[email protected]

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MINUTE BY MAYOR

MINUTE BY MAYOR Item 1, Ordinary Meeting, 29.01.19

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ITEM NO: 1 SUBJECT: ACKNOWLEDGING THE PASSING OF TOM COLEY FILE NO: F11894 - 19/11655 Delivery Program Link

Principal Activity: Civic Leadership Service: Governance and Risk

Recommendation: 1. That the Council acknowledges the passing of Mr Tom Coley for his significant

contribution in sharing his art with the Blue Mountains community; and 2. That the Council writes, under the signature of the Mayor, to Mr Coley family expressing

its condolences.

Mayoral Minute Reason for report On behalf of the Blue Mountains City Council I would like to acknowledge the passing of Mr Tom Coley on Sunday 23 December 2018. Background Tom was an artist, activist and a special man. He lived simply, and in recent years lived in a caravan at Dillinger's Nursery at Wentworth Falls. He is warmly remembered by the City of Blue Mountains for his generosity in donating to the people of the Blue Mountains the ‘Peace Memorial, in 2010’ which sit’s outside the council chambers in Civic Place, Katoomba. People are often seen standing in appreciation of the serenity which emanates from his sculpture, offering gifts of flowers or sitting in quiet meditation beside her. Tom wanted people to engage with the ‘Peace Memorial’ – and they do. He wanted his work to be for the people and this is why it is in Civic Place, Katoomba, not in an art gallery.

As a young man, Tom spent time in the Merchant Navy and travelled widely. As noted in the Gazette on 7 January 2019, Tom found inspiration in the solidity of sculptures in India. He travelled from Brazil to China and Tasmania sourcing stone, where many of his sculptures now live, spreading his word of peace and kindness, always returning to his beloved Blue Mountains and his friends.

On behalf of the Blue Mountains community, I would like to acknowledge Tom Coley’s legacy, which endures in our city through the ‘Peace Memorial’ and offer our condolences to Tom’s family and friends.

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ITEM NO: 2 SUBJECT: VISITOR SAFETY MANAGEMENT - LINCOLN'S ROCK WENTWORTH

FALLS FILE NO: F11894 - 19/15793 Delivery Program Link

Principal Activity: Looking After Environment Service: Natural Environment

Recommendations: 1. That the Council notes that a report on the future management of Little Switzerland Drive

precinct, Wentworth Falls, is due to be presented to the Council at its February 2019 meeting;

2. That the Council endorses that the scheduled report considers all options relating to current practices to manage visitor safety at Lincoln’s Rock lookout, noting the incident that occurred on Tuesday 15 January 2019 at Lincoln’s Rock lookout; and

3. That the Council writes to relevant emergency services requesting that their processes for notifying land management authorities of incidents that require rescue efforts, extend to Blue Mountains City Council, to assist the Council to assess and manage risks at visitor facilities on Council-managed land.

Mayoral Minute

Reason for report This Mayoral Minute seeks the endorsement of the Council for the report on the future management of Little Switzerland Drive precinct, Wentworth Falls, due to be presented to the Council at its February 2019 meeting, to consider all options relating to current practices to manage visitor safety the Lincoln’s Rock lookout. This report also calls for representations to be made to the NSW Police Blue Mountains Local Area Command to request that its process for notifying land management authorities of incidents that require rescue efforts, extend to Blue Mountains City Council. This will assist the Council to assess and manage risks at visitor facilities on Council-managed land.

Background On 14 January 2019 Blue Mountains Police Rescue assisted NSW Ambulance paramedics with the rescue of a 17 year old male who slipped and fell from Lincoln Rock, Wentworth Falls. The male suffered serious injuries and was accessed by paramedics and rescue operators on rope. He was winched from the location by a NSW ambulance helicopter, and conveyed to Liverpool hospital. It is understood that the young man is expected to make a full recovery. Our thoughts are with him and his family for a full and speedy recovery. A report on the future management of Little Switzerland Drive precinct, Wentworth Falls, is due to be presented to the Council at its February 2019 meeting. This follows recent


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community consultation on proposed traffic restrictions and management of visitors at Lincoln’s Rock and Little Switzerland Drive Wentworth Falls. The consultation and the report responds to community concerns regarding increasingly high levels of visitation and resultant tourist traffic, as well as anti-social behaviour at Lincoln’s Rock. In addition to the report addressing the themes of traffic, parking, camping, signage and vandalism, this Mayoral minute requests that the report also considers all options relating to current practices to manage visitor safety at Lincoln’s Rock lookout. As a City within a World Heritage Area, it is acknowledged that the Blue Mountains Local Government Area has an extensive urban bushland interface, geographically defined by ridges and escarpments. The scenic, amenity, conservation and recreational values of the Blue Mountains consistently rate very highly by residents, which is also an international tourism destination. The Council recognises that there is an inherent and practical reality to managing public interaction with such a complex environment.

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ITEM NO: 3 SUBJECT: BOWENS CREEK ROAD AND BUSH FIRE NEIGHBOURHOOD SAFER

PLACES AT MOUNT WILSON AND MOUNT IRVINE FILE NO: F11894 - 19/4731 Delivery Program Link

Principal Activity: Looking After People Service: Emergency Management

Recommendations: 1. That the Council receives a further briefing on the feasibility report for restoration of

Bowens Creek Road at Mount Irvine as an emergency access route, including an overview of feedback from emergency services; and

2. That the Council also receives a briefing on the progress of the NSW Rural Fire Service

(RFS) project to establish bushfire neighbourhood safer places (NSPs) at Mount Wilson and Mount Irvine, including an overview of action Council may take to encourage the RFS to expedite the completion and designation of these NSPs.

Mayoral Minute

Background Bowens Creek Road is a gazetted Public Road, the alignment of which runs through both Blue Mountains and Hawkesbury Local Government Areas, and represents a historic route between Mount Irvine and Bilpin. This access has been progressively lost due to the cessation of maintenance by Hawkesbury City Council (HCC), imposition of load limits on the historic timber bridge, and major structural damage to the road as a result of severe weather events. Council was provided with a report detailing the history of the road and recommended interim management options at the meeting of 27 March 2018. A federally funded feasibility study for restoration of the route to a fire trail standard was completed in late 2018. That project was managed by HCC in consultation with Blue Mountains City Council and other stakeholders. The final feasibility study report has been provided to emergency service agencies for comment as they will be the primary end users of the route, with feedback requested by the end of January 2019. Councillors have previously been briefed on the initial study outcomes. However, a further briefing is now suggested, which will include feedback from emergency services and an overview of possible futures for the road. Mount Wilson and Mount Irvine are located within a highly fire prone landscape, subject to extreme bushfire risk. As part of a suite of measures to mitigate risks to these communities, the NSW Rural Fire Service (RFS) has identified a need for Neighborhood Safer Places (NSPs), to be created. The delivery of NSPs in identified communities is a State-wide program for which the RFS has statutory responsibility.


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The RFS has identified Mount Wilson Community Hall and Mount Irvine Public Hall as being suitable sites to develop as NSPs, and has responsibility for delivering the works required so that they are fit for purpose as NSPs, in accordance with RFS NSP Guidelines. Works were commenced on this project by the RFS in January 2018, however (at the time of writing this Mayoral Minute) the work remains to be completed at these sites, and neither have therefore been officially designated by the RFS as NSPs. The list of NSPs currently designated by the RFS in the Blue Mountains LGA can be viewed on the RFS website: https://www.rfs.nsw.gov.au/plan-and-prepare/neighbourhood-safer-places/blue-mountains-lga It is proposed that Councillors receive a briefing on these matters, including progress to date and an overview of action Council may take to encourage the RFS to expedite the completion and designation of these NSPs.

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https://www.rfs.nsw.gov.au/plan-and-prepare/neighbourhood-safer-places/blue-mountains-lga

https://www.rfs.nsw.gov.au/plan-and-prepare/neighbourhood-safer-places/blue-mountains-lga


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ITEM NO: 4 SUBJECT: COUNCIL'S ROLE IN BUILDING CERTIFICATION AND APPROVAL

PROCESSES FILE NO: F11894 - 19/2587 Delivery Program Link

Principal Activity: Using Land Service: Land Use Management

Recommendations: 1. That the Council notes the public concern about the building standards of the Opal Tower

at Sydney Olympic Park as reported in December 2018;

2. That the Council notes the NSW Government has decreased the role of councillors and councils in approval processes over recent years;

3. That the Council notes the increased reliance on the use of private certifiers in recent

years; 4. That the Council notes the current increase in higher density development in Greater

Sydney, including the development of tower blocks; and 5. That the Council writes to the, Minister for Innovation and Better Regulation, Hon

Matthew Kean, the Minister for Planning, Hon Anthony Roberts, NSW Leader of the Opposition, Mr Michael Daley, and Shadow Minister for Planning, Ms Tania Mihailuk, seeking improvements to the certification process and a review into how councillors and councils can be reintroduced to approval processes to ensure the improved integrity of building standards and more community-sensitive consideration as to whether or not certain projects should be approved.

Mayoral Minute

Background Councillors will be aware of media reports about structural defects and problems with building standards of the Opal Tower at Sydney Olympic Park, which required the evacuation of parts of the building from late December 2018. The building is currently the subject of government and internal investigations by the property developer. As a result, public concerns continue to be raised about shortcomings in NSW’s private building certification system, which are believed to have contributed to the problems being investigated at the Opal Tower. Blue Mountains City Council has consistently raised concerns about the private certification system since its introduction in the late 1990s. This system increasingly relies on certification by building certifiers who are contracted by developers and property owners. Although government has recently acknowledged community concern about building certification, it has also highlighted that a number of aspects of the building industry need to


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be reviewed. In line with this, a report by the University of NSW in 2015 indicated that about 85% of apartment buildings constructed since 2000 had defects, suggesting the need for systemic improvement. With reliance on private certification by developers and the increase of high-rise buildings to accommodate Sydney’s population growth, a system which sees a return to accredited council certifiers should be considered, which ensures the independence of the certification process. The problems with the privatisation of the building certification system comes at a time when councillors have been removed from the development approval process altogether. In place of councillors, local planning panels now operate to determine key development applications. Building certification should be returned to council staff, just as sensitive development decisions should be made by councillors to ensure that the community good is put before private developer interests. It is recommended that the Council write to the NSW Government and the Opposition seeking a review of the current building and planning system and raising its concern with private building certification and the removal of councillors from decision-making process for development that is of concern to the community.

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ITEM NO: 5 SUBJECT: WARRAGAMBA DAM RAISING FILE NO: F11894 - 19/5175 Delivery Program Link


Recommendations: 1. That Council writes to the Premier of NSW, the Hon Gladys Berejiklian MP expressing

opposition to the recent National Parks and Wildlife Act 1974 Amendment allowing parts of the World Heritage Listed Blue Mountains National Park to be flooded by the raising of Warragamba Dam wall;

2. That Council also writes to the NSW Leader of the Opposition, Mr Michael Daley,

Member for the Blue Mountains, Trish Doyle MP, and Member for Macquarie, Susan Templeman MP, to outline its position; and

3. That Council also writes to Western Sydney Regional Organisation of Councils (WSROC)

and neighbouring Councils advising of this position.

Mayoral Minute

Reason for report To communicate Council’s position on the raising of the Warragamba Dam Wall to key State and federal politicians, to Western Sydney Regional Organisation of Councils (WSROC) and adjoining Councils.

Background The NSW Government proposes to raise the Warragamba Dam wall by 14 metres on the basis that it considers this to be the most effective option to reduce the risks to life, property and community assets posed by floodwaters from the extensive Warragamba River catchment. To facilitate this, the NSW Government proposed and passed the Water NSW Amendment (Warragamba Dam) Bill 2018, which was assented to on 26 October 2018. The Bill has the effect of amending the National Parks and Wildlife Act 1974 to allow the temporary flooding of the Blue Mountains National Park. The raising of the dam will result in the inundation of significant areas of the catchment upstream of the dam, including areas of the Blue Mountains National Park, and is expected to have significant impacts on Aboriginal cultural values and on biodiversity, including a number of threatened species, including the Regent Honeyeater. Given this, it is appropriate that Council expresses its concern and opposition to the raising of the dam wall.

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ITEM NO: 6 SUBJECT: 5G NETWORK FILE NO: F11894 - 19/16669 Delivery Program Link

Principal Activity: Civic Leadership Service: People and Safety

Recommendations: 1. That the Council notes that there is some community concern with respect to reports that

5G network technologies may affect the health of the community and animal populations, including bee populations;

2. That the Council writes to the Federal Minister for Communications, Senator the Hon Bridget McKenzie, Shadow Minister for Communications, Michelle Rowland MP and Member for Macquarie, Susan Templeman MP seeking assurance that community concerns with respect to 5G network technologies are being assessed and taken into consideration; and

3. That the Council receives a briefing on any prospect that Council’s infrastructure may be

used to support 5G.

Mayoral Minute

Reason for report This mayoral minute responds to some community concerns surrounding the introduction of 5G networks across Australia.

Background 5G technology is billed as the next big thing in mobile network standards, delivering a much faster speed than the current 4G technology and less peak time congestion. Its availability across Australia is slated for early 2019. While a Blue Mountains roll out is unlikely to occur in 2019, ahead of major cities, it is considered imminent. A full deployment of 5G across Australia is expected in 2020. Community concerns surrounding the introduction of 5G are varied, ranging from the lack of research into the technology ahead of the rollout to the potential health concerns for both people and animals (notably the bee population) that may be caused due to radio frequencies emanating from towers and antennas required to support the new technology. It is important to note that the Council’s ability to effect change in the area is limited as the responsibility for telecommunications rest with the Federal government. Council does have leasing arrangements with telecommunications providers; however, we are unlikely to be in a position to prevent them from updating their infrastructure. Despite these limitations, the Council is committed to writing to the Federal Government to seek assurance that the potential impact of the 5G technology on community and environmental health is being responsibly considered and assessed.

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ITEM NO: 7 SUBJECT: RESPONSE TO PROPOSAL TO BUILD TUNNEL THROUGH BLUE

MOUNTAINS FILE NO: F11984 - 19/15868 Delivery Program Link


Recommendations: 1. That the Council notes the most recent concept to build a 50 kilometre tunnel through the

Blue Mountains to provide a transport route to regional NSW as suggested by NSW MP Jeremy Buckingham; and

2. That the Council expresses its opposition to any proposal to tunnel a transport route

through the Blue Mountains as detrimental to the intrinsic values of a World Heritage Area, and to the City and community therein.

Mayoral Minute

Reason for report This Mayoral Minute seeks the endorsement of the Council to oppose the most recent concept to build a 50 kilometre tunnel through the Blue Mountains to provide a transport route to regional NSW, posed by NSW MP Jeremy Buckingham to Tesla CEO, Elon Musk on 16 January 2019 via Twitter. Background NSW MP Jeremy Buckingham pitched the idea of building a 50-kilometre tunnel through the Blue Mountains to Tesla CEO, Elon Musk on 16 January 2019 via Twitter, asking for an estimate cost for the concept. To date, the only interaction between Jeremy Buckingham and Elon Musk on this concept has been a Twitter exchange. Media reports on the concept followed, attracting wide spread public interest. Tunnelling through the Blue Mountains, a World Heritage listed asset, does not accord with the principles of the UNESCO; the Blue Mountains community; or Blue Mountains City Council. While there is an urgent need for solutions to a number of transport issues in the Sydney metropolitan area, and indeed NSW more broadly, this is not one of them. This Mayoral Minute serves to express the Council’s opposition to any proposal to tunnel a transport route through the Blue Mountains, as it has with other proposals that are detrimental to the intrinsic values of a World Heritage Area, and to the City and community therein, namely, the recent National Parks and Wildlife Act 1974 Amendment allowing parts of the World Heritage Listed Blue Mountains National Park to be flooded by the raising of Warragamba Dam wall, and the construction of a second Sydney airport at Badgery’s Creek.

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ITEM NO: 8 SUBJECT: INTERNATIONAL CAMPAIGN TO ABOLISH NUCLEAR WEAPONS FILE NO: F11894 - 19/11707 Delivery Program Link

Principal Activity: Civic Leadership Service: City-Wide Strategic Planning

Recommendations: 1. That the Council endorses the International Campaign to Abolish Nuclear Weapons

(ICAN) Cities Appeal as stated: “Our city/town is deeply concerned about the grave threat that nuclear weapons pose to communities throughout the world. We firmly believe that our residents have the right to live in a world free from this threat. Any use of nuclear weapons, whether deliberate or accidental, would have catastrophic, far-reaching and long-lasting consequences for people and the environment. Therefore, we warmly welcome the adoption of the Treaty on the Prohibition of Nuclear Weapons by the United Nations in 2017, and we call on our national government to sign and ratify it without delay.” and

2. That the Council writes to the Hon. Marise Payne, Minister for Foreign Affairs, Ms Susan

Templeman, Member for Macquarie and ICAN Australia advising of this endorsement.

Mayoral Minute

Reason for report This report seeks Council endorsement of the International Campaign to Abolish Nuclear Weapons (ICAN) Cities Appeal.

Background The ICAN Cities Appeal is a global call for local governments of cities/towns in nations (which includes Australia) that have not yet ratified the UN Treaty on the Prohibition of Nuclear Weapons. Australian citizen, Daryl Sharma (15 years old), wrote to Council seeking the Council’s support of the Appeal. On 7 July 2017, 122 nations voted to adopt the Treaty on the Prohibition of Nuclear Weapons. All national governments are now invited to sign and ratify this global agreement, which prohibits the use, production and stockpiling of nuclear weapons and lays the foundations for their total elimination. Cities and towns can help build support for the treaty by endorsing the following appeal:

“Our city/town is deeply concerned about the grave threat that nuclear weapons pose to communities throughout the world. We firmly believe that our residents have the right to live in a world free from this threat. Any use of nuclear weapons, whether deliberate or accidental, would have catastrophic, far-reaching and long-lasting consequences for people and the environment. Therefore, we warmly welcome the adoption of the Treaty on the Prohibition of Nuclear Weapons by the United Nations in 2017, and we call on our national government to sign and ratify it without delay.”


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Blue Mountains City Council position Council has a long stated position in opposing the transportation of nuclear waste through the LGA, and being a nuclear free zone. At the Ordinary Meeting of 16 November 1999, it was resolved in part:

“That Council re-affirm its commitment to the City of Blue Mountains being declared ‘a nuclear free zone’ and that the appropriate signs be replaced at the City boundaries.”

[Minute No. 579]

And further: “1. That BMCC oppose the transportation of radioactive waste through the Blue Mountains. 2. That a letter be forwarded to the Hon John Howard, Prime Minister, the Hon Robert Hill, Minister for the Environment, Bob Carr, Premier, Mr Kerry Bartlett, Member for Macquarie, Senator Nick Minchin (SA) and Mr Bob Debus, Member for Blue Mountains advising of our objection.”

[Minute No. 580] More recently, at the Ordinary meeting of 28 January 2003, it was resolved:

“That Council write to the Federal Member, Mr Kerry Bartlett requesting that he convey to the Prime Minister and Dr Kemp, Environment Minister, its strong opposition to nuclear waste being transported through the Blue Mountains, and that Council reaffirm its commitment to this local government area being a Nuclear Free Zone and that the NFZ signs be restored at all entrances to this area.”

[Minute No. 83] And, at the Ordinary meeting of 9 March 2004 it was resolved:

“1. That Council supports the recommendations in Report No. 53/01 – February 2004, of the Joint Select Committee on the Transportation and Storage of Nuclear Waste. 2. That Council writes to the Prime Minister and the Leader of the Federal Opposition:

• advising them of the above resolution; • referring to Council’s previous correspondence expressing its opposition to the

transportation of radioactive waste through communities without the consent of local councils”

[Minute No. 113] The ICAN Appeal provides an opportunity for the local government sector to express its civic position on the nuclear industry more broadly. To date eight councils in Australia have endorsed the ICAN Appeal. This Mayoral Minute recommends that the City of Blue Mountains endorse the ICAN Appeal and demonstrate this endorsement.

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NOTICES OF RESCISSION

NOTICES OF RESCISSION Item 9, Ordinary Meeting, 29.01.19

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ITEM NO: 9 SUBJECT: RESCISSION MOTION: MINUTE NO 466 OF 11 DECEMBER 2018

COUNCIL MEETING - "SPRINGWOOD COUNTRY CLUB - BUILDING REMEDIATION"

FILE NO: F11894 - 18/316016 Delivery Program Link


Notice of Rescission by Councillors Schreiber, Christie and Brown:

1. That the Council rescinds the resolution of the Council recorded as Unconfirmed Minute 466 of the Ordinary Meeting on 11 December 2018 as stated:

1. “That the Council notes the condition of the clubhouse building at Springwood Golf Course;

2. That the Council notes that Council has entered into a lease agreement that requires

Springwood Country Club to undertake all required structural repairs and maintenance to the course and buildings at Springwood Golf Course;

3. That the Council delegates to the General Manager (or her delegate) the ability to

negotiate with, and enter into an addendum to the current lease agreement that will see required works initially funded by Council and repaid by Springwood Country Club, in order to ensure that the community’s asset is appropriately maintained;

4. That these discussions include the connection of the Club House guttering system to

the onsite dam for the purposes of improving bush fire preparation;

5. That the Council requires the full repayment of the costs of the works by the Springwood Country Club prior to the completion of the current lease on 28 January 2036, with all costs in establishing the agreement reimbursed to Council; and

6. That the Council notes that once an agreement is reached between Council and

Springwood Country Club, Council will manage the agreed scope of works to ensure compliance with all required procurement and project management considerations.” and

2. That the Council receives a report on including the following information relating to the

Springwood Country Club: • audit copies of the last five (5) years trading results for Springwood Country Club; • any borrowings and to whom they owed, if any, and length of time to repay; and • Springwood Country Club’s next five (5) years business plan.

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REPORTS BY GENERAL MANAGER

REPORT(S) BY GENERAL MANAGER Item 10, Ordinary Meeting, 29.01.19

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ITEM NO: 10 SUBJECT: MONTHLY PROGRESS REPORT ON IMPROVEMENT PLANS ADOPTED

IN RESPONSE TO INVESTIGATION REPORTS FILE NO: F11894 - 19/9786 Delivery Program Link

Principal Activity: Civic Leadership Service: People and Safety

Recommendations: 1. That the Council notes the ongoing progress being made by the organisation to improve

its governance and systems to ensure safety is at the centre of the Council’s operations and culture;

2. That the Council notes and endorses the progress made by the organisation against

each of the Council’s adopted Consolidated Improvement Plan for Asbestos Management (at Enclosure 1) and the Council’s adopted Improvement Plan for Staff Recruitment and Appointment (at Enclosure 2);

3. That the Council notes that all of the required Actions contained in the Improvement Plan

for Staff Recruitment and Appointment (at Enclosure 2) have been completed and closed out, pending final confirmation from the external auditor in January 2019;

4. That the Council upon the external auditor’s confirmation above, notify the Minister that

Council has completed all of our obligations as detailed in the Improvement Plan for Staff Recruitment and Appointment (at Enclosure 2);

5. That, as part of its governance arrangements for the PIO, the Council receives the

management report prepared by Centium into “High level PIO Improvement Plan Compliance – December 2018”, which is provided at Attachment 1, noting that a copy of the management report be provided to the Minister for Local Government;

6. That the Council delegates to the General Manager (or her nominee) authority to

continue to update the progress reporting in Recommendation 3 up to and including 1 February 2019 for the purpose of ensuring compliance review for the upcoming month is based on all available information at the time of the review;

7. That the Council endorses this report as fulfilling the requirement under the PIO (Action

Item 2.c.) that the General Manager report in writing to each monthly meeting of the Council on progress against the Council’s adopted Improvement Plans; and

8. That the Council notes that the General Manager will continue to provide monthly reports

of progress against the Improvement Plans actions as required by the PIO for a period of 12 months or until all actions of the Improvement Plans are completed to the satisfaction of the Council.


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Report by General Manager: Reason for report This report provides the Council’s monthly Progress Report on the implementation of the Asbestos Investigation Improvement Plan and Recruitment Investigation Improvement Plan as required under the Minister’s PIO. The Progress Reports are contained in the following Enclosures which have been prepared by the General Manager: Enclosure 1: Performance Improvement Order - Monthly Progress Achieved against

Consolidated Asbestos Investigation Improvement Plan Enclosure 2: Performance Improvement Order – Monthly Status Report – Progress

Achieved Against Recruitment Investigation Improvement Plan The two Enclosures document the Council’s progress over the past nine months in implementing the 105 actions of the Consolidated Asbestos Investigation Improvement Plan (Enclosure 1) and the Staff Recruitment & Appointment Investigation Improvement Plan (Enclosure 2). Independent audit oversight As part of its governance arrangements for the PIO, and in accordance with the Improvement Plan, the Council has commissioned Centium to undertake a monthly management report into “High Level PIO Improvement Plan Compliance”. The compliance outcome for December is provided at Attachment 1. The monthly management report noted that significant progress had been made in relation to most of the recommendations, significant action had been taken to resolve issues identified in the previous (November) report and that currently there are no identified compliance issues. As Councillors are aware, there is a considerable lag of two to three weeks between preparation of reports and their consideration by the Council. Therefore at its Ordinary Meeting of 18 September 2018, the Council resolved to delegate authority to the General Manager (or her nominee) to continue to update the reports to include the subject Council meeting. In this way the audit can be undertaken on the most up-to-date information which would then inform monthly reporting to the Council. A recommendation is made as part of this report to continue to grant that delegation. Status update A status update is provided for each of the Improvement Plans based on the following standard approach: Colour Action Status Description Blue Complete Task completed. No additional or ongoing action required Green On Track Tasks aligned to the recommendation are in the process of

being implemented are on track for completion within the allocated completion timeframe. No additional action required.

Amber At Risk Tasks aligned to the recommendation are in the process of being implemented, but may not be finalised within the allocated completion timeframe. Actions and resource allocation to be reviewed.

Red Behind Schedule Tasks aligned to the recommendation must undergo review and determination of resource allocation and enhanced priority.


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Each of the Improvement Plans is addressed in turn: Asbestos Investigation Improvement Plan Enclosure 1 provides the Action Status Report for the Consolidated Asbestos Investigation Improvement Plan in response to the recommendations from the asbestos investigation Interim Reports 1, 2, 3 and Final Report. The Action Status Report provides an update on the 84 required actions identified in the Asbestos Investigation (consolidated) Improvement Plan. Progress against the Improvement Plan is provided below:

Status Behind

Schedule (Red)

At Risk

(Amber)

On Track

(Green)

Complete

(Blue) Total

Actions 0 1 18 65 84 % of total 0% 1% 22% 77% 100%

While the PIO is still managing short-term Actions, the shift is now to 19 more complex, longer-term (120-330 day) Actions. Individual detailed Project Plans are being created for these items. The Internal Audit Compliance Report provides the following assessment:

Great progress was made during December 2018 allowing BMCC to complete several additional recommendations and progress others, particularly with regards to the update of position descriptions and performance management documentation.

Centium, 27 December 2018 Recruitment Investigation Improvement Plan Enclosure 2 provides the Action Status Report for the Recruitment Investigation Improvement Plan in response to the recommendations from the recruitment investigation. The Action Status Report provides an update on the 21 actions of the Recruitment Investigation Improvement Plan. Progress against the Improvement Plan is provided below:

Status Behind

Schedule (Red)

At Risk

(Amber)

On Track

(Green)

Complete

(Blue) Total

Actions 0 0 0 21 21 % of total 0% 0% 0% 100% 100%

The Internal Audit Compliance Report provides the following assessment:

Great progress has continued during December 2018 with most recommendations now compliant. Only one recommendation remains “on track” for completion in the new year.

Centium, 27 December 2018


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Subject to one remaining action being further reviewed and confirmed by the auditor, the Recruitment Investigation Improvement Plan has been completed. Improvement Program over 2018/2019 To date, consistent progress has been made over the span of the Improvement Plans in line with the Minister’s PIO. Both the Consolidated Asbestos Management and Recruitment Improvement Plans represent a significant body of work for the organisation, which is in addition to the core services that the Council continues to provide to its community. The process is being managed through the PIO Project Control Group (PCG) and the Council has now recruited dedicated resources to manage the project, but it will continue to rely on significant contributions across the business to deliver on improvements. The work program represents a significant challenge to the organisation over that period and represents an important opportunity to strengthen overall corporate governance, organisational culture, safety and asbestos management and human resource management. Competing priorities need to be carefully managed in terms of the SafeWork and EPA investigations, as well as the required preparation for the Public Inquiry, to ensure the PIO program is implemented. Substantial progress will be required to meet the Improvement Program through the 2018/2019 financial year, and the required budget to progress the plans has been made available. The Council has committed to resourcing this project as an organisational priority. Commitment to resourcing implementation of Improvement Plans The Council has previously resolved to prioritise implementation and resourcing of these Improvement Plans. Many of the actions can be achieved through existing staff resources. If additional funding is required, budget variations will be requested. Sustainability Assessment Effects Positive Negative Environmental The Improvement Plans provide for systematic

environmental improvements through the elimination of asbestos.

Nil

Social The Improvement Plans include extensive requirements for community awareness and education in the area of asbestos.

Nil

Economic The Council has prioritised funding of asbestos remediation.

Nil

Governance The PIO imposes significant compliance obligations on the Council, which need to be managed by appropriate governance arrangements, which include regular reporting to the Council, a project control group and audit oversight.

Nil

Financial implications for the Council All project deliverables are resourced within the 2018/19 budget as managed by the various functional areas of Council with specific responsibilities for delivery of project actions. Legal and risk management issues for the Council The PIO requires an extensive program of work by the Council to improve safety and recruitment processes, in addition to the core activities provided the Council to serve the community. Notwithstanding the considerable progress made to date under the Improvement Plans, there remain significant risks for the organisation of not meeting the project deliverables because of competing priorities.


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In managing this risk, the PIO is overseen by a project control group and is subject to monthly compliance management reporting as required by the PIO. Consultation with other agencies In accordance with the PIO, Council sought and received feedback from SafeWork NSW and the NSW EPA on the Improvement Plans prepared in response to the Asbestos Investigation reports as well as the Recruitment Investigation report, with amendments subsequently being made to Council’s Improvement Plans. During the conduct of works associated with the implementation of the Improvement Plan actions going forward, Council will consult and engage with relevant external stakeholders as required and source external professional advice when necessary. Conclusion The two enclosures attached to this report provide an update on Council’s progress in addressing the Consolidated Asbestos Management and completion of the Recruitment Improvement Plans in accordance with the requirements of the PIO. The Council is requested to note the significant work undertaken and endorse the recommendations of this report. ATTACHMENTS/ENCLOSURES 1 Compliance Review Management Letter 27 Dec 2019 19/16699 Attachment 2 Performance Improvement Order - Monthly Progress

Achieved against Consolidated Asbestos Investigation Improvement Plan

19/9859 Enclosure

3 Performance Improvement Order - Monthly Status Report - Progress Achieved Against Recruitment Investigation Improvement Plan

19/9863 Enclosure

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REPORT(S) BY GENERAL MANAGER Item 10, Ordinary Meeting, 29.01.19 Attachment 1 - Compliance Review Management Letter 27 Dec 2019

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ITEM NO: 11 SUBJECT: CONFIDENTIAL BUSINESS PAPER – CODE OF CONDUCT REVIEW FILE NO: 19/15693 Recommendations: 1. That Item 11 in the Business Paper be deferred for consideration until all other business

of this meeting has been concluded; and 2. That the Council close part of the Council Meeting for consideration of Item 11 in the

Confidential Business Paper - Code of Conduct Review pursuant to the provisions of Section 10A(2) (i) of the Local Government Act 1993, as the report contains and discussion is likely to involve:

(i) the report contains alleged contraventions of any code of conduct

requirements applicable under section 440. Report by General Manager This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993. The matter to be dealt with relates to Code of Conduct Review and involves discussion of the report contains alleged contraventions of any code of conduct requirements applicable under section 440. Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so. In this case, the reason for closing that part of the meeting to consider Item 11 in the Confidential Business Paper is that the report includes, and discussion is likely to involve the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

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OFFICERS REPORTS

PROVIDING GOOD GOVERNMENT Item 12, Ordinary Meeting, 29.01.19

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ITEM NO: 12 SUBJECT: ADMINISTRATION OF LOCAL GOVERNMENT ELECTION 2020 FILE NO: F11894 - 19/4960 Delivery Program Link


Recommendations: 1. That the Council engages the New South Wales Electoral Commission (NSWEC) to

administer the Council’s Local Government Elections 2020, by endorsing: i) Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”)

that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

ii) Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

iii) Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council;

2. That the Council endorses pursuing, where practical and possible, a range of cost

reduction initiatives in consultation with the NSWEC in relation to the service contract for the conduct of the Local Government Election 2020, with detailed costing to be determined by the NSWEC and reported to the Council at a later date; and

3. That the Council notes the changes to the Local Government Regulation which came into effect on 14 December 2018, for conducting the Local Government Elections 2020, as outlined in this report.

Report by the Acting Group Manager, People & Systems: Reason for report This report notes changes to the Local Government Regulation for conducting local government elections which came into effect on 14 December 2018; and recommends that Council enter into an agreement with the NSWEC to fully administer the elections, polls and referenda associated with the Local Government Elections 2020, other than the election of Mayor or Deputy Mayor in accordance with Section 296(3) of the Local Government Act 1993. Background Under section 296AA of the Local Government Act 1993 (the Act), councils must make a decision on how the September 2020 ordinary elections are to be administered no later than 11 March 2019.


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Council must resolve either: • To enter into an election arrangement with the NSW Electoral Commissioner to

administer all the council’s elections, polls and constitutional referenda; or • Council’s elections are to be administered by the general manager of the council; or • To contract a service provider to administer the election.

Each of these options have been considered and outlined in this report. NOTE:

• If a council resolves to enter into an agreement with NSWEC it must notify the NSWEC no later than 11 March 2019; and it must finalize the arrangement no later than 15 months before the next ordinary elections, that is, by 11 June 2019.

• If Council does not resolve to engage the NSWEC to administer its elections by 11 March 2019, it will be required to administer its own elections.

• Section 55 of the Act exempts Councils from tendering when entering into a contract with the NSWEC to administer the council’s elections, referendums and polls. This exemption does not apply to contracts or arrangements with any other service provider.

Engagement of the NSWEC for the Local Government Election 2020 During the 2012 and 2016 Local Government Elections, BMCC entered into an agreement with the NSWEC to fully administer its elections. Working closely with the NSWEC appointed Returning Officer afforded saving opportunities as shown in the table below:

Election Budgeted NSWEC costs Actual NSWEC costs Savings 2012 $357,744.00 $345,801.00 $11,943.00 2016 $390,909.00 $384,046.00 $6,863.00

Council costs were further reduced by $9,000 in the 2012 elections as the Returning Officer was shared with Lithgow City Council. Contracting the NSWEC to administer the Local Government Elections 2020 would mean that they would become the Election Manager and therefore accountable and responsible for the entire conduct of the election. It would also provide certainty about the number of Councils who will be requiring their services as this impacts on detailed costing for each individual Council. As the engagement of the NSWEC will be on a contractual basis Council will be able to negotiate on commercial terms how their elections will be administered. In addition, this option reduces the cost of going through a tender process which is in itself a high cost and time consuming exercise. This option is considered the lowest risk for the Blue Mountains 2020 Local Government Elections as the NSWEC is responsible to the NSW Premier for the conduct of any commissioned election, ensuring that all statutory, insurance and follow-up obligations are met by the NSWEC and not the Council. This is the preferred and recommended option. Council elections administered by the General Manager of Council A second option is for the general manager of council to administer the Local Government Elections. The last Council conducted election was over 12 years ago. There are a number of factors which signal that Council does not have the capacity to administer its own elections, including:


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• Council no longer has staff experienced in the conduct of Council elections. • The General Manager must assume responsibility for the election and cannot engage

Council officers into the role of Returning Officer. There would be competition with the NSWEC to obtain a high quality Returning Officer and associated staff for the conduct of the election.

• The Council needs to ensure it also has the current Council officers available to undertake the tasks that still fall to the Council during the election, for example, the preparation of the non-resident roll, facilitation of premises, managing enquiries about the local government area from candidates and most importantly preparing for the newly elected Council.

• Council no longer has polling booths or training manuals on how to conduct the election. Council have access to electronic counting systems thereby delaying the outcome of the election and potentially facilitating calls for recounts as well as new elections to be conducted. Under this model the Council becomes responsible for any follow-up election issues management, for example, conflicts of interest, matters arising in relation to political donations, any errors at booths, as well as the mandatory reporting to the NSW Parliament on the conduct of the election. Whilst the Council would have insurance coverage to assist with costs in resolving these events, resolution of these types of events falls back on the skills of the people involved.

Council does not have the capacity to administer its own elections. This is not the preferred option and does not form the recommendation of this report. Contracting a service provider to administer the Local Government Elections 2020 A third option is to engage a suitably qualified service provider to administer the Local Government Elections. This option is not favoured because of the:

• High costs of engaging in a tender process to select and recruit a service provider • Insufficient time to conduct a tender • New legislative requirements, which service providers may not be as familiar with as

NSWEC, for example, the weighted inclusive Gregory method of preference allocation.

This is not the preferred option and does not form the recommendation of this report. For your information: Ward boundary adjustments are not required Under section 211 of the Act, Councils which are divided into wards are required to keep those ward boundaries under review to ensure that a difference of greater than 10% in electors numbers does not exist between wards. If a council determines it is necessary to alter its ward boundaries, the council is required to, among other things, consult the Australian Statistician and the NSWEC. Six monthly monitoring of the Ward boundaries shows that at December 2018 (below) no ward boundary adjustments were required at this time. As the highest variation is currently only 4%, it is highly unlikely that the Local Government Elections 2020 will require ward boundary adjustments. Elector numbers within ward boundaries will continue to be monitored. For your information: Amendments to the election provisions of the Local Government (General) Regulation 2005 Council was advised by the Office of Local Government NSW of amendments made to the Local Government (General) Regulation 2005 (the Regulation) which came into effect on 14 December 2018. These amendments:


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• Give effect to the Government’s response to the recommendations of the Joint Standing Committee on Electoral Matters (JSCEM) in relation to preference counting in local government elections by:

o introducing the weighted inclusive Gregory method of preference allocation with respect to council elections using the proportional voting system (recommendations 1 and 2)

o removing the cap of four digits for a decimal fraction when calculating transfer values (recommendation 10) and

o removing the option for candidates to pay for a recount (recommendation 8) • Give effect to the 2014 amendments to the Local Government Act 1993 that gave

councils the option of holding a countback election to fill casual vacancies in the first 18 months of their terms instead of holding a costly by-election and prescribe the administrative requirements for countback elections.

• Prescribe the administrative requirements for universal postal voting elections (currently, only the City of Sydney has the option of holding elections exclusively by postal voting because of its high number of non-residential electors who, unlike other council elections, are required to vote at council elections).

• Update other provisions of the Regulation to align with contemporary electoral practice as prescribed with respect to State elections under the Electoral Act 2017 and to make a number of other amendments that are consequential to that Act and the Electoral Funding Act 2018.

• Make other minor changes to improve the efficiency of the administration of council elections.

What this will mean for Council

• The amendments make the counting of votes at council elections fairer and more accurate and transparent by removing the random sampling method of preference allocation and replacing it with a fractional transfer system known as the weighted inclusive Gregory method. In a fractional transfer system, all ballot papers of the elected candidate are used to distribute the surplus. The ballot papers are distributed at a reduced rate by applying a transfer value.

• The new counting rules take effect on 11 September 2020, immediately before the next ordinary council elections.

• The prescription of the weighted inclusive Gregory method and the removal of the cap of four digits for a decimal fraction when calculating transfer values mean that it will no longer be possible to use manual counts for council elections.

• The prescription of the weighted inclusive Gregory method also means that the count will now be reproducible on a recount making countback elections possible.

• Following the September 2020 ordinary council elections, councils will be able to fill casual vacancies in civic office that arise in the first 18 months following the election by a countback election, saving councils the cost of a by-election. In the last 18 months of councils’ terms, they retain the option of applying to the Minister for Local Government to dispense with a by-election.

• Countback elections are not available for elections using the optional preferential voting system (including the election of a popularly elected mayor).

• To exercise the option of filling casual vacancies in the first 18 months using a countback election, councils must resolve at their first meeting following the ordinary election to fill vacancies using countback elections.

A number of other amendments have been made to align the electoral provisions of the Regulation with the Electoral Act 2017 thereby reflecting the more contemporary electoral practices that apply at State elections.


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Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Ensure a transparent and accountable Local

Government Election 2020 process. Nil

Financial implications for the Council The Council maintains a Local Government Election Reserve for the purposes of elections and bi-elections. As at 30 June 2018, this Reserve holds $213,629 with another $110,000 to be added in 2018/19 and a planned $115,000 in the 2019/20 budget. It has been noted that NSWEC has historically come in under their estimated costs in their contract with Council administer the Local Government Elections during 2012 and 2016. As with previous contracts, Council will work with NSWEC on a cost minimisation strategy based on present trends occurring in the electorate and past cost minimisation strategies deployed. Legal and risk management issues for the Council There are a high number of risks and legal issues that arise out of the conduct of an election with a highly legislated activity. Some extreme examples are incorrect ballot papers, no polling place officials and an error at a polling booth causing a subsequent election in that Ward. If the elections were to be administered by the Council, under section 296A of the Local Government Act, the General Manager becomes the Election Manager and is therefore accountable and responsible for the entire election. External consultation No external consultation was conducted. Conclusion We recommend that Council enter into a service agreement with NSWEC to conduct the Local Government Elections 2020. Cost reducing strategies must be considered in the service agreement based on current trends occurring in the electorate; and a range of new, or similar cost reduction initiatives deployed in the previous elections.

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ITEM NO: 13 SUBJECT: ADOPTION OF FRAUD AND CORRUPTION PREVENTION POLICY FILE NO: F11894 - 18/308596 Delivery Program Link


Recommendation: That the Council adopts the Fraud and Corruption Prevention Policy.

Report by Acting Group Manager People & Systems: Reason for report The Council’s Fraud and Corruption Prevention Policy has become due for review, and a revised policy placed on public exhibition for comment. This report presents the final policy to the Council for adoption. Background At the Oridnary Meeting of the Council on 13 November 2018, it was resolved:

1. “That the Council endorses the draft Fraud and Corruption Prevention Policy for the purpose of public exhibition for 28 days, with a public submission period of a total 42 days; and

2. That the Council receives a further report on the completion of the public exhibition period and consolidation of submissions received.”

[Minutes No. 420] Council’s current Fraud and Corruption Prevention Policy was adopted by the Council in 19 February 2013 (Min No. 52) and has become due for update. This policy is designed to assist in the reduction of fraud and corruption risks to the organisation and to establish a strategy to minimise exposure to such activities. It aims to formalise communication with respect to expectations of ethical behavior and responsibilities with respect to conduct and reporting of fraudulent/corrupt behaviour. As stated in the November 2018 business paper report, the revised policy is consistent with the intent of the policy adopted in 2013, however has been significantly rewritten and as such, the exhibited policy should be read as a new document. The review made use of internal consultation mechanisms and with reference to Australian Standard 8001-2008 Fraud Corruption Prevention Control and NSW Auditor General’s Report, Fraud controls in local councils (2018). As stated in the policy, Council has a responsibility to ensure that the services and decisions which Council is responsible for are free from corruption a3nd that its assets and resources are obtained, managed and disposed of honestly. It is appropriate for Council to continue to have a policy for this subject matter.


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This policy and the prevention of fraud and corruption within Council is supported by a number of other Council policies, including but not limited to the Code of Conduct, Public Interest Disclosure Internal Reporting Policy, Gifts & Benefits Policy, Enterprise Risk Management Policy, Conflicts of Interest and Declarations Management Policy and the Councillor Facilities and Expenses Policy. This policy was placed on public exhibition for the period 20 November to 18 December with the period for submissions to Tuesday 1 January 2019. The documents remained available for comment on Have Your Say until 7 January 2019. There was one (1) submission received from a member of the public on or prior to the final date for submissions. Submission Council comment Whether incorporated into

the policy The majority of activity that is itemised as examples in the policy is criminal under the Crimes Act 1900 and should be reported to the police. Policy appears to preference referral to other organisations.

The Council has reporting requirements under the Independent Commission Against Corruption Act 1988 (ICAC Act) and other agencies, where certain conduct is identified. For example, section 11 of the ICAC Act states the Council has a duty to notify the Commission of possible corrupt conduct. In such cases, the Council would seek the instruction of the ICAC on how the Council is to proceed with the matter, this may include investigation by the Commission, investigation by Council or referral to the NSW Police.

Policy updated to strengthen references relating to reporting to external agencies, including NSW Police. This is incorporated into the Policy Statement section of the draft policy.

Acknowledges the complexity of the issue.

Noted. No change required.

Acknowledges the relationship between continual effective risk management, quality administration, auditing, and roles and responsibilities definition and fraud and corruption prevention.

Noted. No change required.

The policy does not refer to related crimes, such as blackmail and conspiracy to falsely accuse of crimes, referenced as s344 of the Crimes Act 1900.

Sections 7, 8 and 9 of the ICAC Act outline corrupt conduct, the general nature of corrupt conduct and limitations on the nature of corrupt conduct. The Council maintains a Code of Conduct, as required by s440 of the Local

No change required.


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Government Act 1993 (Local Government Act). The Code of Conduct details the standards of behavior, including but not limited to, gift and benefit reporting, conflict management and influence. The policy operates hand-in-hand with legislation and the Code of Conduct to address related behaviours which may or may not constitute criminal conduct. Section 344 of the Crimes Act 1900 appears to have been repealed and not for inclusion in the policy.

The draft does not address information system security sufficiently as a vital element in fraud and corruption prevention.

The Code of Conduct details the standards of behavior, including but not limited to, confidentiality, unauthorised access, and disclosure of information. Furthermore, the Council acknowledges information system management and security as a keystone to effective fraud and corruption prevention.

Policy updated to strengthen references to information system security processes. This is reflected in the stated responsibilities of the Manager Information Solutions.

Proposed that the details of any misconduct, at the conclusion of court proceedings, be released to ratepayers and residents.

Council is bound by privacy laws and considers that it would not be appropriate to proactively release this information. Details of convicted criminal behaviour may be sought and accessed through publically released court or commission documents.

No change required.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social The policy will demonstrate to members of the public

that Council is concerned with the prevention of fraud and corruption.

Nil

Economic Fraud and corruption can represent a financial risk to the organisation and the review of the policy is a mitigation measure against this risk.

Nil


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Effects Positive Negative Governance This policy is an important governance document to

help ensure accountability and transparency. Nil

Financial implications for the Council There are no financial implications for the Council. Legal and risk management issues for the Council There are no notable legal or risk management issues for the Council in adopting this policy. This policy is designed to help mitigate fraud and corruption related risk across the organisation. External consultation The policy is intended to apply to all members of the public in their interactions with Council and all Council officials (including staff, Councillors, volunteers and contractors) and as such, it was placed on public exhibition for the period 20 November to 18 December 2019 for a period of 28 days with the period for submissions to Tuesday 1 January 2019. The documents remained available for comment on Have Your Say until 7 January 2019. This report details the outcome of the public exhibition process. Conclusion It is recommended that the Council endorses the Fraud and Corruption Prevention Policy, as attached to this report. ATTACHMENTS/ENCLOSURES 1 Draft Fraud and Corruption Prevention Policy for adoption 17/98476 Attachment

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PROVIDING GOOD GOVERNMENT Item 13, Ordinary Meeting, 29.01.19 Attachment 1 - Draft Fraud and Corruption Prevention Policy for adoption

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ITEM NO: 14 SUBJECT: EASY TO DO BUSINESS FILE NO: F11894 - 18/315100 Delivery Program Link

Principal Activity: Sustainable Economy Service: Economic Development and Tourism

Recommendations: 1. That the Council resolves to delegate authority to the General Manager (or her delegate)

to enter into a Memorandum of Understanding with Service NSW for the Easy to do Business Program; and

2. That the Council authorises the application of the Common Seal on documentation, if

required.

Report by Acting Director City & Community Outcomes: Reason for report This report seeks Council support to enter into a Memorandum of Understanding (MOU) with Service NSW for the Easy to do Business (EtdB) program. Background Council has participated in the Small Business Friendly Councils (SBFC) initiative since 2015. This program seeks participating Councils to implement programs that support small business, share resources and information with other participating Councils and promote this offering to the local business community. More recently, the Small Business Commissioner and Service NSW have developed the “Easy to do Business” program. Service NSW delivered a presentation to officers in late 2018 with the view to enlisting Blue Mountains City Council as a program partner. Following the presentation it was agreed that this would be of benefit to Council and Council’s business customers. The EtdB program has operated for two and a half years and offers a streamlined service to those interested in opening or expanding a small business as it assists in navigating the 3 levels of government and their requirements. In the current environment business owners can be required to work with up to 13 agencies and 48 forms, incurring significant time and cost. The EtdB platform reduces this laborious experience to a single portal and streamlines the interactions with Local, State and Federal Governments to achieve the necessary permissions in a less than 90 day average. For example, EtdB platform can enable a business to register, obtain an ABN and provide guidance in relation to necessary Council approvals. Those looking to start up a Café, Restaurant or Small Bar can benefit from the EtdB program, as they can:

• Attain a unique digital profile that can help fast track the approval process across local, state and federal government;

• Receive the support of a dedicated Business Concierge who can answer questions, liaise with Council, and review applications to ensure they are ‘decision ready’;


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• Receive step-by-step guidance through the application process; • Know upfront the time, fees and effort involved in starting a business.

The intention is to build awareness of specialist advice services available, ensure Council staff can direct enquiries to these services and provide applicants with the skills to be better informed and researched prior to lodging any applications. The benefits to Council include:

• Increased productivity, achieved through higher quality applications and reduced transaction costs;

• Some level of tailoring to our specific preferences (e.g. referral to Duty Planner, checklists tailored to council requirements); and

• Improved economic outcomes for small businesses in the Blue Mountains. To date 87 Councils in NSW have signed up to the EtdB platform, with a further 17 currently progressing the matter. This initiative is consistent with Council’s Community Strategic Plan Thrive Objective 6.1: The City’s economy is diverse, strong and environmentally sustainable with increased local employment. Sustainability Assessment Effects Positive Negative Environmental Streamlining transaction processes will ensure less waste and

use of resources. Nil

Social Improved experience for businesses will facilitate better relationships between business and Council.

Nil

Economic The program targets improved efficiencies for existing small business and serves to attract new business to the mountains.

Nil

Governance The program will be managed via an MOU with Service NSW, aligning with our current Small Business Friendly Council status.

Nil

Financial implications for the Council The resources required for implementation are not onerous and the benefits of the program are outweighed by any associated cost. Costs include staff time entailed in meeting with Service NSW to ensure operational readiness, and those associated with the launch of the program via social media. The program should improve the coordination and quality of applications which should reduce transaction costs for Council. Legal and risk management issues for the Council A MOU will provide the framework for participating in the service, this is considered straightforward with no known risks. The framework includes an exit clause and timeframe of 90 days written notice, should Council find the program does not meet expectations. External consultation No external consultation has occurred as part of writing this Council report, however the program has been discussed with Blue Mountains Economic Enterprise. Conclusion This report seeks Council endorsement to enter the Easy to Do Business program. In order to progress this matter delegated authority is sought for the General Manager to enter into a MOU with Service NSW, and approval for use of the Common Seal for the associated documents is also sought should this be required.

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ITEM NO: 15 SUBJECT: PERFORMANCE OF INVESTMENTS DECEMBER 2018 FILE NO: F11894 - 19/1711 Delivery Program Link

Principal Activity: Civic Leadership Service: Finance Management

Recommendation: That the Council notes the performance of invested monies for December 2018, including:

• That as at 31 December 2018 funds held in investments total $28.9 million; and • The enclosed certificate of the responsible Accounting Officer.

Report by Acting Group Manager Integrated Planning & Finance: Reason for report This report on the performance of invested monies for December 2018 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the BMCC Investment Policy. The report certifies that the Council’s investments comply with the forms of investments made by order of the Minister under Section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council circular 11-01 on February 2011. Council Investment Portfolio Analysis (refer table 1) At the October 2017 meeting, Council adopted a revised Investment Policy (Minute No. 240). The revised policy allows Council to diversify the investment portfolio, in accordance with the policy by giving preference to Environmentally and Socially Responsible Institutions, where:

• The investment is compliant with legislation and the investment Policy; and • The rate of return is equal to comparable risk-based investments on offer to Council

at the time of investment. The current investment portfolio includes a total of $7M invested in Environmentally and Socially Responsible Institutions (ESRI), including $2M with ME Bank, $4M with Suncorp Bank and $1M with Bendigo Bank. Environmentally and Socially Responsible Institutions avoid investing in industries that negatively affect the environment.

The investment portfolio currently complies with the Investment Policy limits as follows:

• Credit Rating – the majority of the portfolio, 66% is invested in AA rated institutions, (refer table 1)

• Term to Maturity – currently 90% of the portfolio is <1 year to maturity (policy maximum is 100%).


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The schedule of investments for December 2018 is provided in Table 2. The total funds held in investments are $28.9 million, which has increased $1.6 million from the $27.3 million held in investments in November 2018.

(Table 1)

Maximum 100% 0%Maximum 100% 66%Maximum 30% 24%Maximum 10% 10%Maximum 0% 0%

AAA

BBBUnrated

Maximum Thresholds

Credit Rating % of Portfolio % at 31 December 2018

AAA

(Table 2) SCHEDULE OF INVESTED MONIES FOR DECEMBER 2018Institution & Fund Maturity

DateCurrent Rating

Interest Rate

Funds Held -

Current Month $ ,000

Funds Held -

Previous Month $,000

Change $,000

Comment

NAB Professional Funds

at call n/a 1.71% 5,898 4,283 1,615 Cashflow transfers

CBA 26/06/2019 AA- 2.72% 2,000 2,000 0 No movementNational Aus Bank 27/06/2019 AA- 2.80% 3,000 3,000 0 No movementNational Aus Bank 2/10/2019 AA- 2.75% 1,000 1,000 0 No movementWestpac 28/02/2019 AA- 2.64% 2,000 2,000 0 No movementWestpac 28/06/2021 AA- 3.02% 1,000 1,000 0 No movementWestpac 19/06/2020 AA- 2.89% 2,000 2,000 0 No movementWestpac 22/11/2019 AA- 2.75% 2,000 2,000 0 No movementAMP 28/01/2019 A 2.75% 3,000 3,000 0 No movementSuncorp 29/03/2019 A 2.70% 2,000 2,000 0 ESRI InvestmentSuncorp 23/04/2019 A 2.70% 2,000 2,000 0 ESRI InvestmentME Bank 28/08/2019 BBB 2.75% 1,000 1,000 0 ESRI InvestmentME Bank 3/06/2019 BBB 2.80% 1,000 1,000 0 ESRI InvestmentBendigo Bank 2/10/2019 BBB 2.80% 1,000 1,000 0 ESRI InvestmentTotals 28,898 27,283 1,615

Notes:Balances as at 31 December 2018


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Interest Income (refer table 3) Actual interest income to 31 December 2018 is $428K which is $103K higher than the budgeted figure for 2018-2019. The Bank Bill Swap Rate (BBSW) is the bench mark for interest rates. The investment strategy rate of return is 40% higher than the BBSW. Interest returns summarised as follows:

Investment Categories (refer table 4) Currently 80% of Council’s investments are held in term deposits and 20% is held in the cash at call account. This is to manage the day to day expenditure requirements at this time of year when cash inflows are decreased.

Investments by Institution (refer Chart 1) Council’s Investment Portfolio by financial institution is displayed in Chart 1 below. The investment Policy places a 45% limit on investments in any one institution, as a measure of

20

25

30

35

40

45

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

$ M

illio

n

Month

Investment Balances July 2017 to November 2018

2017/18

2018/19

(Table 3)Interest Income Accrued - Budget vs. Actual

Actual $ ,000 Budget $ ,000 VariationIncome to 31 December 2018 428 325 103Estimate for remainder of year 222 325 -103Total for 2018/2019 650 650 0

1.98%2.77%2.78%

90 Day Bank Bill Swap RateTarget Rate of Return:BBSW +40%Average Investment Rate of Return for December 2018

(Table 4)Investment CategoriesCash at Call 20.41%Term Deposits 79.59%


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risk. The current portfolio includes investments in 7 institutions with investments held by Westpac, National Australia Bank, Commonwealth Bank, AMP, Suncorp, ME Bank and Bendigo Bank. Currently, the Council Investment Portfolio meets the limits set by the Council Investment Policy.

Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance Investments are compliant with the Council Investment

Policy, the Local Government Regulations and the other financial reporting requirements.

Nil

Financial implications for the Council Adoption of the recommendations in this report fulfils the Council’s financial reporting requirements. The revenue performance and security (risk management) of the investment portfolio can have a significant impact on Council’s current budgeting processes and Long Term Financial Planning. The Council manages all its investments in compliance with the Ministerial Investment Order, Local Government Legislation and the Council’s Investment Policy. The principle objective is the preservation of capital, liquidity and the return on investment with consideration given to prudent investment principles Legal and risk management issues for the Council Nil External consultation Nil

NAB 35% Westpac

24%

CBA7%

Suncorp14%AMP

10%

ME7%

Bendigo Bank3%

Chart 1 - Investments by Institution


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Conclusion The performance of Invested Monies Report for December 2018 is submitted to comply with the Local Government (general) Regulation 2005 (clause 212) and the Local Government Act 1993 (Section 625). Significantly the Council has a balance of $28.9 million invested, which reinforces and supports the Council financial sustainability. The $28.9 million in investments as at 31 December 2018 are placed in term deposits and the at-call account with major banks and their subsidiaries. These investments are projected to earn $650K in interest revenue in the 2018-2019 financial year and contribute to funding Council’s services. The majority of these funds are restricted for specific purposes to fund known future expenditure and cover identified risks. Certification of the Responsible Accounting Officer I hereby certify that the investments listed in this report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

A/Group Manager, Integrated Planning and Finance (Responsible Accounting Officer)

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ITEM NO: 16 SUBJECT: PROPOSED CATEGORY FOR FEE WAIVER, REFUNDS AND

REDUCTIONS UNDER THE LOCAL GOVERNMENT ACT - TOWN CENTRE MARKETS

FILE NO: F11894 - 19/12289 Delivery Program Link


Recommendations: 1. That the Council acknowledges the benefits of regular town centre markets to the

economic vitality of town centres in the Blue Mountains and that this inform the future setting of fees and charges for those markets;

2. That the Council proposes to: a) create an additional category - “regular town centre markets”, which provides the

Council discretion to reduce a fee in accordance with Section 610E of the Local Government Act 1993 (“the Act”) for a regular market located within a town centre; and

b) grant delegation to the General Manager to reduce a fee under the Act for a regular town centre market that provides a community benefit and contributes to the economic wellbeing of the town, also accounting for the overall support provided to the market by the Council; and

c) confine the category to a market occurring regularly, being at least four times per year, within the town centre; and

3. That the Council gives public notice of the proposed category of regular town centre

markets to be amended in the Fees and Charges 2018-19 in accordance with Section 610E(2) of the Local Government Act 1993 and to seek public comment on the proposal for a period of 28 days.

Report by Director Development & Customer Service: Reason for report The purpose of this report is to acknowledge the benefits of regular markets within town centres. The report proposes that a new category be inserted into the Council’s Fees and Charges which provides discretion to the Council to provide some reduction in fees for those markets which provide economic benefits to the town. Background The Council recognizes the benefits of regular markets to the life and vitality of town centres. At one level, the Council has invested in major facilities such as the Cultural Centre and Springwood Hub, but also contributes in supporting the organization and management of community markets and events. This includes an emerging focus in this work is risk management and traffic management.


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Regular markets such as the Springwood Growers’ Market at Springwood Hub and the Blackheath Growers Market have been successful in providing high levels of community activity and have enlivened the town centre in which they are located. Emerging markets such as Etsy/Blue Mountains Makers Artisan Market are expected to also contribute. Although these benefits are recognized, under the Council’s current Fees and Charges 2018-2019, the Council does not have any discretion to reduce adopted fees to recognise the community value of key markets. However, s. 610E of the Local Government Act 1993 provides that the Council may identify those categories in which it could have the discretion to reduce fees. These categories are identified in the Fees and Charges 2018-2019. The categories can only be amended by the same process that is used to set the initial fee under the Local Government Act 1993. Accordingly, the Council may include the proposed category of “Regular Town Centre Markets (at least four times per year) – fee reduction”. The process would involve the public notice of the proposed category, providing a 28 day exhibition period for public comment. The intention of the category is to focus on regular markets within town centres, not on one off events or occasional markets located outside of centres. All of these activities are of value to the Blue Mountains economy and social wellbeing, and this is reflected in fee setting. The Council provides significant support to the events process, such as not charging for event applications, and does not recover costs in most aspects of event management. The proposal provides an additional mechanism to support markets by reducing – not waiving – fees at the discretion of the General Manager. Limited fee reductions will moderate fee increases and recognizes the costs to markets in terms of risk management and traffic management obligations. Sustainability Assessment Effects Positive Negative Environmental Well organized markets manage environmental

impact and contribute to the streetscape. Nil

Social Regular markets promote social well-being and interaction.

Nil

Economic Promotes regular markets which contribute to economic vitality of towns.

Limited reduction in fees.

Governance Transparent process for fee reduction in accordance with the Act, encouraging public consultation.

Nil

Financial implications for the Council The proposed change to the fees and charges fee reduction category will provide discretion in relation to a narrow class of use, with only limited financial implications, balanced against the promotion of local markets in town centres. Legal and risk management issues for the Council The proposed change to the fee reduction category is in accordance with the prescribed process of Local Government Act 1993. This process involves public consultation and promotes transparency in decision making. External consultation The proposal set out in this report includes a prescribed process of public consultation in which the public’s views on the proposed fee reduction can be considered.


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Conclusion The Council supports local markets in its town centres and recognizes the benefits of those markets to the vitality of the town and the wellbeing of its residents. There are cases where the Council could reasonably reduce fees for those markets, but it would first be necessary to amend its adopted fees and charges to enable this to occur. In addressing this, it is recommended that the Council introduce the category of “Regular town centre markets” and exhibit this proposal for public comment for a period of 28 days.

* * * * * * * * * *


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ITEM NO: 17 SUBJECT: COMMUNITY ASSISTANCE DONATIONS RECOMMENDATION BY

COUNCILLOR FILE NO: F11894 - 19/16723 Delivery Program Link


Recommendation: That the Council endorses the following community assistance donations from the Councillor funds:

Organisation Amount Glenbrook Spring Festival $500.00 Glenbrook Public School $500.00

Report by Acting Group Manager People & Systems: Reason for report On 11 July 2000 the Council adopted a revised Policy for Councillors’ Minor Local Projects allocations for the provision of community assistance/donations. The following recommendations for donation, which fall within the ambit of the Policy, have been received and are submitted for approval to the Council meeting. Minor Local Projects Recommending Councillor

Organisation Purpose Amount

Cr Greenhill Glenbrook Spring Festival To assist with the costs of the festival. $500.00

Cr Bowling Glenbrook Public School To assist with the purchase of play equipment.

$500.00

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LOOKING AFTER PEOPLE Item 18, Ordinary Meeting, 29.01.19

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ITEM NO: 18 SUBJECT: BLUE MOUNTAINS CITY OF THE ARTS TRUST ADVISORY COMMITTEE

MEMBERSHIP FILE NO: F11894 - 18/307266 Delivery Program Link

Principal Activity: Looking After People Service: Cultural Development

Recommendations: 1. That the Council notes the outcomes of the selective Expression of Interest to fill the

casual vacancies on the Blue Mountains City of the Arts Trust Advisory Committee; 2. That the Council, as Trustee of the Blue Mountains City of the Arts Trust, re-appoints Mr

Justin Morrissey to fill a casual vacancy on the Advisory Committee for the current term until December 2021;

3. That the Council notes that a public Expression of Interest will be conducted in early

2019 to fill the two current vacancies on the Blue Mountains City of the Arts Trust Advisory Committee; and

4. That the Council thanks Ms Sandra Coleman for her service on the Blue Mountains City

of the Arts Trust Advisory Committee.

Report by Acting Director City & Community Outcomes: Reason for report This report informs the Council, as Trustee of the City of the Arts Trust, of the outcomes of the selective Expression of Interest process for membership of the Blue Mountains City of the Arts Trust Advisory Committee (the Advisory Committee) and recommends that Mr Justin Morrissey be re-appointed to the Committee until December 2021. Background The outcomes of the publically advertised expression of interest process to fill vacancies on the Committee were reported to the Council at its Ordinary Meeting on 16 October 2018. At the time of writing the report five applicants were recommended leaving one vacancy to be filled. However, one selected applicant needed to withdraw due to changed circumstances just prior to the Council meeting. The Council accordingly resolved:

“1. That the Council, as Trustee of the Blue Mountains City of the Arts Trust, appoints Emily Jateff; Samiramis Ziyeh; Robin Gurr and Tracy Miles to the Blue Mountains City of the Arts Trust Advisory Committee as community representatives for a term of three years commencing on 1 January 2019;

2. That the Council notes that a vacancy remains to be filled;

LOOKING AFTER PEOPLE Item 18, Ordinary Meeting, 29.01.19

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3. That the Council endorses a selective Expression of Interest process be conducted from Advisory Committee members whose terms have recently expired to fill the remaining vacancy and that the outcomes be reported back to the Council

4. That the Council notes that Duncan Waas has withdrawn his application, resulting in a further vacancy to be filled.”

[Minute No. 388] Outcomes of selective Expression of Interest Four members’ terms recently expired in June 2018. One member, Tracey Miles, had applied for a second term and was appointed at the October Council meeting. As per Resolution 3 above, the remaining three members were approached to ascertain their willingness, eligibility and availability to serve an additional term on the Advisory Committee. Of the three, Mr Morrissey was eligible and willing to serve a further term. It is recommended that the Council, as Trustee, re-appoint Mr Morrissey to the Advisory Committee. Current Vacancies In the interim, one other member, Ms Sandra Coleman, has resigned due to ongoing availability issues. This means that there are now two vacancies. It is proposed that a public expression of interest be conducted in early 2019 to fill these vacancies. This will be the subject of a future report to the Council. Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social Nil Nil Economic Nil Nil Governance The appointment of skilled and experienced Advisory Committee

community members refreshes and augments Council’s cultural capacity through provision of expertise across a diverse spectrum of arts and culture.

Nil

Financial implications for the Council The costs of sourcing new City of the Arts Trust Advisory Committee members is available from the 2018-2019 operational budget. Legal and risk management issues for the Council There are no known legal or risk management issues with the recommendations of this report. External consultation No external consultation has been undertaken in preparing this report. Conclusion This report recommends that Mr Justin Morrissey be re-appointed to the Blue Mountains City of the Arts Trust Advisory Committee. If this recommendation is successful there remains two vacancies. It is proposed that a public expression of interest be undertaken to fill these vacancies.

* * * * * * * * * *

USING LAND Item 19, Ordinary Meeting, 29.01.19

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ITEM NO: 19 SUBJECT: DEVELOPMENT CONTROL PLAN 2015 AMENDMENT 3 - PERIOD

HOUSING CONVERSION TO HERITAGE CONSERVATION AREAS FILE NO: F11894 - 18/310342 Delivery Program Link


Recommendations: 1. That the Council resolves to adopt the amendments to Blue Mountains Development

Control Plan 2015 by making changes to the Plan consistent with the repeal of Period Housing provisions and the introduction of seventeen (17) new heritage conservation areas within Blue Mountains Local Environmental Plan 2015 as set out in Attachment 1;

2. That the Council notes that a public exhibition was conducted from 14 November 2018 to

12 December 2018 in accordance with legislative requirements; 3. That, where the policy intent is not changed, the Council delegates to the General

Manager authority to approve minor changes such as formatting, cross-references and the like to the exhibited Draft Amendment 3 to Blue Mountains Development Control Plan 2015 before its commencement; and

4. That in accordance with the Regulations, the Council advises the public of the approval

of Amendment 3 to Blue Mountains Development Control Plan 2015 by notice in the Blue Mountains Gazette within 28 days of its decision, with the commencement date to be the same as the commencement date of Amendment 6 (Period Housing Conversion) to Blue Mountains Local Environmental Plan 2015.

Report by Director Development and Customer Services: Reason for report Public exhibition of draft Amendment 3 to Blue Mountains Development Control Plan 2015 (for the conversion of Period Housing Areas to Heritage Conservation Areas) was conducted from 14 November 2018 to 12 December 2018. This report provides a review of the submissions received. The amendments consist of minor consequential changes required to the DCP to remove references to the current Period Housing provisions and to include the summary details of the new heritage conservation areas. The table of amendments are included at Attachment 1. The report seeks adoption by Council of the amendments to the Blue Mountains Development Control Plan 2015 (DCP 2015), which will then be published on the same date that Amendment 6 (Period Housing Conversion) to Blue Mountains Local Environmental Plan 2015 is made.


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Background Council is currently progressing a significant body of heritage work to update Blue Mountains Local Environmental Plan 2015 (LEP 2015). This consists of proposed Amendment 5 to LEP 2015 (the Heritage Review) and Amendment 6 to LEP 2015, the Period Housing Conversion. Amendment 6 to LEP 2015, the Period Housing Conversion, proposes the addition of 17 new heritage conservation areas (HCAs) to the Heritage Conservation maps and to Schedule 5 of LEP 2015, to replace Council’s existing Period Housing Areas. Amendment 6, the Period Housing Conversion, is consistent with the Community Strategic Plan 2035, Key Direction 4 – Live, that supports the values we place on the character of our towns and villages. The conversion of Period Housing Areas to heritage conservation areas fulfils in part Objective 4.3.d, to “preserve, maintain and enhance the City’s unique character, and its built, natural and cultural heritage and local history”. The Department of Planning and the Environment (the Department) has required Council to convert existing Period Housing Areas into heritage conservation areas, by adding a ‘sunset clause’ to the LEP that repeals all Period Housing provisions. The conversion of the Period Housing Areas into heritage conservation areas must be completed by 15 February 2019 to retain full protections for those areas. The conversion of Period Housing Areas to heritage conservation areas is consistent with the translation approach of LEP 2015. The draft planning proposal for Amendment 6 is currently with the Department for finalisation, and is advancing through the Department’s reporting processes on schedule. Council has been liaising with the Department during this process to provide assistance and clarification where requested. Consequential housekeeping amendments are required to the Blue Mountains Development Control Plan 2015, to ensure that provisions and references relating to Period Housing are removed from the Plan, and that the new heritage conservation areas are included in Part D Heritage. The details of these proposed changes was presented to the Council in a report to the 16 October 2018 meeting. At the Ordinary Meeting of the Council on 16 October 2018, it was resolved in part:

“2. That the Council endorses the public exhibition strategy for draft Amendment 3 to Blue Mountains Development Control Plan 2015 as it relates to the Planning Proposal for Amendment 6 to Local Environmental Plan 2015 (Period Housing Conversion);

3. That the Council resolves to place draft Amendment 3 to Blue Mountains Development Control Plan 2015, as they relate to the Planning Proposal for Amendment 6 to Local Environmental Plan 2015 (Period Housing Conversion), on public exhibition in accordance with the Environmental Planning and Assessment Regulation 2000;”

The pubic exhibition process has now been completed. Public exhibition outcomes Exhibition details The public exhibition was carried out for a total of 28 days as the minimum required by the Regulations. The public exhibition strategy, as detailed below, was carried out in accordance with the proposed strategy as included in the 16 October 2018 report.


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Engagement processes Engagement consisted of the following:

• The public exhibition was advertised in the Communicator section of the Blue Mountains Gazette, with advertisements appearing in the 14, 21 and 28 November and the 5 December 2018 editions.

• A Have Your Say webpage was prepared and was active during the extent of the exhibition period, and provided supporting material for the proposed changes to the DCP.

• Hard copy folders of the supporting material were made available at the Katoomba and Springwood offices, and the Katoomba, Springwood and Blaxland libraries.

• Council officers were available to answer enquiries. Submissions were possible via the Have Your Say webpage, by emailing Council at a dedicated email address, and by writing to the General Manager at Councils postal address. Submissions received Two (2) submissions were received from private individuals. Neither submission made specific reference to the DCP amendments. The submissions both expressed firm support for heritage generally, but also covered a broader range of natural and cultural environmental issues, such as stormwater control, cat roaming concerns, bushfire hazards, garden maintenance, streetscapes, weeds, National Parks protections, recycling and undeveloped Council land. These submissions were acknowledged, however they have been redirected to the Have Your Say exhibition for the Local Strategic Planning Statement, as they were more relevant to that exhibition. The ‘Have Your Say’ summary indicated that 28 people visited the website, 7 people downloaded information from the website, and 0 visitors used the submission forms available on the website. No changes were made to the draft DCP amendments as a result of the submissions received. The draft schedule of amendments remains unchanged. Refer to the 16 October 2018 Council meeting at Item 14 Attachment 1. It is recommended that the draft amendments, now in their final form following exhibition, be endorsed, and that the Blue Mountains Development Control Plan 2015 be updated as per the draft amendments. The amendments are proposed to come into force at the time that Amendment 6 to LEP 2015 is made, which is scheduled for 15 February 2019. A notice will be published in the Blue Mountains Gazette within 28 days to advise of the Amendment and provide the commencement date. Sustainability Assessment Effects Positive Negative Environmental The amended DCP controls provide support for the

changes to the LEP, which provide ongoing protection for heritage significant properties and streetscapes in the LGA through the creation of heritage conservation areas.

Nil

Social The community consultation has provided an opportunity for transparent communication and interaction with the community, and the opportunity to reinforce the importance of heritage as a key element of the identity of the Blue Mountains. This is facilitating an increased awareness of the heritage significance of the Blue Mountains within the community.

Nil


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Effects Positive Negative Economic Clarification of heritage significance and additional

detail of the significance of heritage conservation areas provides greater certainty around development and management of heritage conservation areas and properties within heritage conservation areas and provides for more efficient application processes.

Nil

Governance The timely conversion of Period Housing Areas to heritage conservation areas ensures Council is pursuing the priorities set out in the Community Strategic Plan and expressed within the aims of the LEP, to protect the environmental heritage of the Blue Mountains.

Nil

Financial implications for the Council The financial implications of the report recommendations are minimal. There will be some staff resourcing and use of approved operational budgets for 2018-2019, aligned with the outcomes of the 2018-2019 operational plan. Legal and risk management issues for the Council The proposed amendments to the DCP are consistent with the overall process of the proposed conversion of PHAs to HCAs under LEP 2015 which seeks to retain legal protections for these important areas. If the conversion were not to occur prior to the 15 February 2019 deadline, as stipulated by clause 6.18(7) of LEP 2015, there is a significant risk that piecemeal demolition and adverse and unsympathetic alterations will occur. Such changes over time would diminish the coherence and presentation of the areas, leading to a potentially substantial loss of character deleterious to the heritage charm of many Mountains villages. External consultation No specific consultation with any agencies or other stakeholders was required by the proposed amendments apart from the public exhibition. Conclusion The proposed amendments to the DCP are part of the process of ensuring protections for existing Period Housing Areas are retained in the Blue Mountains, by the conversion of Period Housing Areas to Heritage Conservation Areas as required by the 15 February 2019 deadline imposed by the Department. The public exhibition as required by the Regulations has been successfully concluded. The submissions received have been reviewed, however no changes are proposed to the amendments. Endorsement is sought for the final DCP amendments to be made, to commence at the same time that LEP 2015 Amendment 6 is made. The proposal will contribute to long-term protection for Blue Mountains village character and the continuing conservation of places of local heritage significance. ATTACHMENTS/ENCLOSURES 1 Attachment 1 - Table of Proposed Amendments to DCP

2015 18/243458 Attachment

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USING LAND Item 19, Ordinary Meeting, 29.01.19 Attachment 1 - Attachment 1 - Table of Proposed Amendments to DCP 2015

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ITEM NO: 20 SUBJECT: VARIATIONS/EXCEPTIONS TO DEVELOPMENT STANDARDS FILE NO: F11894 - 18/315751 Delivery Program Link


Recommendation: That the Council notes the report at Attachment 1 which identifies variations to development standards in development applications determined by the Local Planning Panel or determined under delegation.

Report by Director, Development & Customer Services: Reason for report This is a regular report provided to the Council in compliance with reporting procedures required for development applications relying upon State Environmental Planning Policy No. 1 - Development Standards (SEPP1) or cl.4.6 (Exceptions to Development Standards) of Blue Mountains Local Environmental Plan 2015. Background Councils have delegations from the Secretary of the Department of Planning and Environment (DPE) to determine development applications that rely on a variation of development standards. The delegations specify that some applications must be determined by the Local Planning Panel, others are delegated to the General Manager, thence to the relevant officers. The purpose of these provisions is to provide flexibility and permit development to be exempted from meeting certain standards in response to the individual circumstances of a site, whilst meeting the underlying objective of that standard. The detailed requirements are set out in the enabling instruments but in brief, the requested contravention to the standard must be justified on environmental planning grounds and be consistent with the objectives of the zone and of the development standard. The authority delegated to officers to determine applications requiring a variation of development standard are subject to the following limits, other than applications for dwellings being rebuilt as the result of the 2013 bushfires, which are not subject to limit: 1. Residential alterations and additions and single new dwellings if: • The variation in a development standard for building setback does not exceed that

standard by more than 50%, or • The variation in any other development standard does not exceed that other standard by

more than 25%

2. Otherwise officer delegations are limited to 10% variation from the standard. It should also be noted that applications are regularly also referred to the Council for determination, as called up by Councillors.


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Reporting Reporting of all variations to development standards approved by the Local Planning Panel or under authority delegated to officers must be: • Made publicly available via a maintained online register • Reported quarterly to the Department of Planning & Environment • Reported quarterly to an Ordinary Meeting of the Council Attachment 1 shows applications that have been approved using SEPP 1 or cl. 4.6 to vary a development standard since the last report to Council, being for the period 1 October 2018 to 31 December 2018. Sustainability Assessment A sustainability assessment is not required for this report. ATTACHMENTS/ENCLOSURES 1 Quarter 2 - Variations/Exceptions to Development

Standards Report 19/6867 Attachment

* * * * * * * * * *

USING LAND Item 20, Ordinary Meeting, 29.01.19 Attachment 1 - Quarter 2 - Variations/Exceptions to Development Standards Report

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ITEM NO: 21 SUBJECT: CONFIDENTIAL BUSINESS PAPER – 170-174 LEURA MALL, LEURA -

MEDIATION AND PROPERTY MATTERS FILE NO: 19/13619 Recommendations: 1. That Item 21 in the Business Paper be deferred for consideration until all other business

of this meeting has been concluded; and 2. That the Council close part of the Council Meeting for consideration of Item 21 in the

Confidential Business Paper - 170-174 Leura Mall, Leura - Mediation and Property Matters pursuant to the provisions of Section 10A(2) (c) of the Local Government Act 1993, as the report contains and discussion is likely to involve:

(c) information that would, if disclosed, confer a commercial advantage on a

person with whom the Council is conducting (or proposes to conduct) business.

Report by Acting Director City & Community Outcomes: This matter has been listed in the Confidential Business Paper because consideration of the matter will involve discussion that would best take place in a meeting which has been closed to the public in accordance with the provisions of Section 10A of the Local Government Act 1993. The matter to be dealt with relates to 170-174 Leura Mall, Leura - Mediation and Property Matters and involves discussion of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Section 10A of the Act requires that any proposal to close part of a meeting to the public be notified in the agenda, and a resolution to close part of a meeting to the public be passed setting out reasons for doing so. In this case, the reason for closing that part of the meeting to consider Item 21 in the Confidential Business Paper is that the report includes, and discussion is likely to involve information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

* * * * * * * * * *


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ITEM NO: 22 SUBJECT: 170-174 LEURA MALL, LEURA - FUTURE PROPERTY OPTIONS FILE NO: F11894 - 19/13899 Delivery Program Link

Principal Activity: Using Land Service: Town Centres

Recommendations: 1. That the Council notes that the Development Application for 170-174 Leura Mall, Leura

was approved by the Local Planning Panel on 10 December 2018; 2. That the Council gives in principle approval to site redevelopment Option 2, as described

in this report, this option providing the most favourable outcome for the City and the Council, in terms of local heritage, the character of Leura and financial viability;

3. That the Council endorses further expenditure of up to $150,000 to enable the project to

proceed to construction certificate and confirm redevelopment costs; and 4. That the Council's final decision concerning the redevelopment of the site be made after

the Council considers a further report, to be submitted when additional information concerning the estimated project costs and funding mechanisms is available.

Report by Acting Director City & Community Outcomes: Reason for report This report confirms that the Planning Panel (Panel) convened on 10 December 2018 to re-consider the Council’s updated development application for 170-174 Leura Mall, Leura. The Panel's conditional approval means that Council can now freely consider its future options for the property. This reports confirms conditions associated with the Development Application (DA) and future options for the future of the property. Background At the Ordinary Meeting of the Council on 27 February 2018, it was resolved:

“1. That the Council notes the outcome of the Independent Hearing Assessment Panel (IHAP) and endorses the allocation of up to $30,000 additional funds from the Property Investment Fund to cover professional fees; 2. That the Council endorses the proposed program for resolving outstanding matters regarding the property and tenancy issues; 3. That the Council resolves to submit an application for the subdivision of the land at 170-174 Leura Mall, Leura to create two new lots with one lot being the site of the existing the commercial buildings and the other lot being the site of the existing public car parking, footway and toilet facilities, generally as depicted on Figure 1 in this report;


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4. That the Council allocate $20,000 from the Property Investment Fund to complete the subdivision application and certificate; and 5. That the Council receives a briefing prior to receiving a report on future funding arrangements and management options for the property by August 2018.”

[Minute No. 70] This Council report responds to Item 5 above. Note: Item 5 was delayed whilst the outcome of the Planning Panel was awaited. The Property The current property at 170-174 Leura Mall, Leura consists of 2 shops one of which is occupied by the Wayzgoose Café, with the other shop having been vacant for the past three years. The recently endorsed DA allows for a partial demolition of the existing building together with alterations and additions to create 3 shops available for lease. The approved plans provide an increase of 29sqm of floor space from 195sqm (existing) to 224sqm (with extension). Current estimated costs to develop the property are in the vicinity of $1.2M based on plans submitted with the DA. It should be noted that the DA conditions necessitate additional works and costs for the redevelopment and these are currently being reassessed. It is proposed that a future report be presented to Council confirming these final costs and funding opportunities. Subdivision As previously reported, a subdivision would be required should Council wish to sell the property. This is required to separate the commercial property from the Council carpark, laneway and toilet facility (see Figure 1 below). In preparation for a potential subdivision, a site survey has been completed which identifies the likely costs of a subdivision as between $150,000 to $250,000. These costs include all sewer mains and electricity supply relocation costs. It is important to note that the subdivision is not required if the property remains in Council ownership.

Figure 1 – Property Boundary and Potential Subdivision Boundary


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The Planning Panel and Development Application (DA) conditions The Planning Panel (Panel) convened on 10 December 2018 to re-consider the Council’s DA for 170-174 Leura Mall, Leura. The Panel's conditional approval requires some additional details to be provided prior to commencement of any works (Construction Certificate). These items include: 1. Alterations to the awning details on the Eastern Elevation (Shop 3); 2. A Materials / Finishes sample board is to be submitted to ensure compatibility with

surrounding heritage context; 3. Amended Landscape Plan details; 4. A revision of the Heritage Specifications and Schedule of Conservation Works, prepared

by a Heritage Consultant and Heritage Builder; 5. Use of experienced Heritage Consultant and experienced Heritage Builder to be

commissioned to work with the construction team through the construction design stage as well as demolition and attend site inspections and meetings; and

6. Preparation of a Site Diary and Record which will provide recommendations and guidance for appropriate conservation management decisions.

Conditions 1 – 3 are reasonably standard and readily deliverable within the previously developed cost estimate. However, items 4 – 6 are likely to incur significant costs and require a revised estimated for the redevelopment of the site. Noting the previous estimate of $1.2M was undertaken on development plans ahead of the DA determination. In summary, it is estimated that (up to) a further $150,000 is required and 6 months is required to bring the project up to the construction certificate stage. It is only after the construction certificate is issued that a final revision of development costs can be completed. It is proposed that a future report be presented to Council confirming these final costs and funding opportunities only after the Construction Certificate is issued and costing fully assessed. Options for the future of the Property In investigating options for the future of the property, Council engaged an independent property expert to provide advice. This advice, completed December 2018 considered relevant factors such as Leura retail rental analysis, agent market assessments and the proposed development plans. Given the process to date, 2 options are available for the Council to consider: No. Option Comment 1 Sell property

(with approved DA) and subdivision Note: subdivision is required so car parking and toilets remain in Council ownership.

Considered a risk as future of the building will no longer be in public hands. NB. Council has committed to securing the heritage value of the site through the DA. There is a potential that the building may not sell, in its current state, creating uncertainty with its future. There is a potential that a future owner may not develop the site and building will decay further.

2 Council retains ownership of the property (long term) and develop as per the DA.

Council develops the property and leases 3 shops. Property remains in public ownership. Property continues to contribute to the Leura Village streetscape and heritage conservation values.


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A further option was investigated, but not considered viable: Council redevelop property, complete subdivision and sell once completed – this is considered a significant financial risk to Council. There is little financial incentive to do so given the profits after development and sale of the property would be negligible. The preferred option is Option 2 which demonstrated the best financial return for Council, retains the property in public ownership and ensures that the property will strengthen the heritage values associated with Leura Village. The sustainability assessment below relates to Option 2. Sustainability Assessment Effects Positive Negative Environmental Nil Nil Social This proposal strengthens the sense of local identify and

place within the Leura Mall, as created by the Leura Heritage Conservation Area. The proposal retains ownership of the property in public hands and will add to the vibrancy of the Leura Village Centre.

Nil

Economic The proposal demonstrates a support for local business and increase the range of rental property for Council’s commercial property portfolio. The proposals demonstrates a strong return on investment for Council.

Nil

Governance The report provides clarity on the Council’s intentions for this property which has been the subject of extensive community involvement. The report demonstrates transparency and accountability on an issue that is important to the local community. The report demonstrates good management practice around Council’s decision making processes.

Nil

Financial implications for the Council As previously noted, the heritage conditions associated with the approved DA add costs to developing the property. In order to take the project forward in the first instance up to $150,000 is required to procure appropriate expertise to enable the DA to advance to the construction certificate, which will be sought from the Property Investment Fund. Council is currently seeking a revised cost for the development of the property and once known Council will determine from where these funds will be sourced. This funding source will be included in the future report which will provide final figures associated with the redevelopment. Legal and risk management issues for the Council Legal advice has been sought in preparing this report and further advice will likely be sought once a final decision is made in response to the recommendations within the report.


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External consultation In preparing this report Council engaged a property expert to provide a detailed property report on various options for its future use. No consultation was held with members of the public. Conclusion The report identifies 2 options for the future of the property, including the option of selling the property in its current state with a DA and subdivision (option 1) or for Council to redevelop and retain the property long term (option 2). It is recommended that Council provide "in principle" support for option 2 as this option demonstrates the best financial return for Council, retains the property in public ownership and ensures that the property will strengthen the heritage values associated with Leura Village. As it is recommended that Council retain and redevelop the property a subdivision is not required. A subdivision (to separate the area of land with the car park, lane way and public toilet) would only be required should Council wish to sell the property.

* * * * * * * * * *

NOTICES OF MOTION

NOTICES OF MOTION Item 23, Ordinary Meeting, 29.01.19

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ITEM NO: 23 SUBJECT: KATOOMBA TOWN CENTRE ARCADE AND PRECINCT UPDATE FILE NO: F11894 - 19/4399 Delivery Program Link

Principal Activity: Using Land Service: Town Centres

Notice of Motion by Councillor Schreiber: That the Council receives a briefing on the Katoomba Town Centre Arcade and precinct, including plans for upgrade, painting and planter pots in the courtyards, as it is our building and puts the Council on show all the time with so many visitors.

* * * * * * * * * *


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ITEM NO: 24 SUBJECT: SAFETY AT LINCOLN’S ROCK, WENTWORTH FALLS FILE NO: F11894 - 19/13711 Delivery Program Link


Notice of Motion by Councillor Christie: 1. That the Council passes on its wishes for a speedy recovery to the Blaxland teenager

who fell from Lincoln’s Rock on the 14 January 2019; and 2. That the Council receives a report on what safety measures could be taken to improve

safety of residents and tourists at Lincolns Rock, Wentworth Falls.

* * * * * * * * * *


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ITEM NO: 25 SUBJECT: DA FOR BELL QUARRY REHABILITATION PROJECT AT CLARENCE FILE NO: F11894 - 19/15977 Delivery Program Link


Notice of Motion by Councillor Kerry Brown: 1. That the Council notes;

i. the Development Application including Environmental Impact Statement for Bell

Quarry Rehabilitation Project at Clarence is now on exhibition with Lithgow Council until February 18 201;

ii. the impact of the proposed project will be greater on residents of Blue Mountains than of Lithgow because the transportation of 1.2 million cu metres (2.2 million tonnes) of fill from Sydney and Central West development projects is proposed to be transported using the Great Western Highway, Darling Causeway and Bells Line of Road, then Sandham Rd through the village of Bell; generating an average 74 truck movements a day with up to 9 an hour through Bell for around 15 years; and

iii. Council unanimously passed a notice of motion regarding Bell Quarry

Rehabilitation Project on 17 October 2017 and further motions on 14 November and 12 December 2017 with the intention of making a submission regarding the Development Application in support of Bell residents’ serious concerns;

2. That the Council writes under the signature of the Mayor to Lithgow Council Mayor and

General Manager and request that the exhibition period for the Development Application for Bell Quarry Rehabilitation Project at Clarence be extended by two weeks until 4 March 2019 so that Blue Mountains City Council and its residents, who will be more severely impacted by the project than Lithgow residents, have adequate time to prepare submissions;

3. That the Council receives at the next ordinary meeting a report on the Development Application for Bell Quarry Rehabilitation Project, taking into account the submissions of Bell and other Blue Mountains residents provided to it, and other relevant information that is available regarding impacts on the natural environment, hydrology, bushfire management, roads and resident amenity, and that this report be used as the submission to Lithgow Council; and be forwarded to the NSW Minister for Planning and Environment and all relevant MPs and MLCs; and

4. That if Lithgow Council refuses to extend the exhibition deadline for the Development

Application for Bell Quarry Rehabilitation Project until 4 March, that the Council writes to


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Lithgow Council by 18 February, in the form of a submission to express its support for the views of Blue Mountains residents of Bell; and that this also be forwarded to the Minister for Planning and Environment and all relevant MPs and MLCs.

Background The Bell Quarry is located within the Upper reaches of the Wollangambe River catchment in the Lithgow Local Government Area. The River forms part of the broader Hawkesbury- Nepean Catchment.

The Quarry is on Sandham Road in Newnes Junction, approximately 10 Km east of Lithgow. Active quarry operations at the site began in 1967 and have now ceased. The licence was surrendered on 1 October 2014.

The Bell Quarry Rehabilitation Project is required to return the site to a condition that is comparable to the original land form and the adjoining Blue Mountains National Park. The Potential environmental impacts associated with the Bell Quarry Rehabilitation Project will be assessed under Part 4 of the Environmental Planning and Assessment act 1979 (EP&A Act), as part of the development application to be submitted to Lithgow City Council. An Environmental Impact Statement with supporting technical assessment is currently on exhibition.

The new owner of the Bell Quarry is seeking approval from Lithgow Council to remediate the site by trucking 1.2 million cubic metres (2.2 million tonnes) of fill materials from various Sydney infrastructure projects such as Westconnex and Western Sydney Airport and from the Central West. This was not part of the original rehabilitation agreement.

Haulage The Project involves importation of clean fill material at a maximum rate of 140,000 tpa, using truck and trailer combinations of up to 42.5 tonne capacity. This clean fill material will be sourced from projects throughout the Greater Sydney area, the Central Tablelands and the Central Western Slopes and Plains.

Transport routes to the site will depend upon the origin of the clean fill material and will vary based upon the source of material over the life of the project. The use of the following regional transport routes is intended for this project:

• Clean fill material sourced from Sydney’s western, southern and south-western suburbs will be transported via the Great Western Highway to Mount Victoria and Darling Causeway to Bell.

• Clean fill material sourced from Sydney’s northern and north-western suburbs would use the Bells Line of Road to Bell

• Clean fill material sourced the Central Western Slopes and Plains to the west of the site would utilise Chifley Road (Bells Line of Road) between Lithgow and Bell.

Access to the quarry via the Sandham Road from Bells Line of Road as shown on Figure 2-1. Sandham Road passes through the village of Bell and runs parallel to arterial road Chifley Road on the western side of the Main Western Railway Line and follows a north-western alignment to the access point to the quarry. An average of 37 haulage vehicle movements per day are predicted to occur along Sandham Road as a result of haulage activities for the


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project. [GHD-Bell Quarry Rehabilitation Project – Environmental Impact Statement, 2125774, p. 25]

Sandham Rd runs through Bell a small village in the Blue Mountains. Residents of Bell have expressed grave concerns at the social and environmental impacts of the proposal to put 74 large truck and trailer movements per day on Sandham Rd for the next 15 years.

The road is used mostly by residents for daily purposes as well as the school buss and some Railway maintenance vehicles and fire trucks. It is the width of 1.5 cars so there is no room for 2 cars to pass while staying on the road. It is sealed for the first 1.5km after which it changes to an equally narrow gravel surface running alongside the World Heritage Listed Blue Mountains National Park for the remaining kilometres to the quarry with the proven risk of sedimentation run-off into the hydrology of the National Park.

9.4 Mitigation measures • The following mitigation measures will be undertaken as part of the Project. • A heavy vehicle speed limit of 40 km/hour will be adopted for all trucks utilising

Sandham Road • Heavy vehicles will have a maximum capacity of 42.5 tonnes • A maximum of 37 heavy vehicles per day (74 movements to or from site) will be

permitted to haul emplacement material to the site. • All trucks hauling emplacement material should be covered before entering the public

road network and should maintain a reasonable amount of vertical space between the top of the load and top of the trailer

[GHD-Bell Quarry Rehabilitation Project – Environmental Impact Statement, 2125774, pp. 118-19]

Previous council motions To support the residents, the Council has previously passed the below notice of motion and motions.

17 October 2017

26. 17/204312. Bell Quarry Rehabilitation Project

1. That Council investigates and receives a report on the proposed Rehabilitation Project for Bell Quarry and its likely impact on the Blue Mountains Local Government Area and World Heritage wilderness;

2. That the report be prepared in the expectation that Council may decide to make

a submission when the Environmental Impact Statement goes on exhibition; and

3. That the Council writes under the signature of the Mayor to Lithgow Council

Mayor Stephen Lesslie and General Manager Graeme Faulkner, NSW Minister of the Department of Planning and Environment (DPE) Anthony Roberts MP, Blue Mountains MP Trish Doyle, and Greens NSW spokesperson on Environment, Transport and Roads Mehreen Faruqi MLC impact of the proposed rehabilitation such as the trucking of 1.5 million tonnes of landfill from Sydney through Bell, the risks to the World Heritage Area of weed investigation.


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Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

14 November 2017

28. 17/217981. Bell Quarry Rehabilitation Project EIS and DA

1. That the Council notes the reports by Bell residents that, in its current state of incidental dam, Bell Quarry has served as a water supply for Rural Fire Service (RFS) fire-fighting helicopters;

2. That, noting that further to the resolution of the Council on 17 October 2017, the

Council's investigation and report on the Bell Quarry Rehabilitation Project shall encompass input from National Park and Wildlife Services (NPWS) and the Rural Fire Service (RFS); and

3. That, noting that further to the resolution of the Council on 17 October 2017, the

Council's correspondence under the signature of the Mayor noting Council’s concerns about the impact of the proposed rehabilitationas identified by Council’s investigation also include appropriate authorities at the RFS and NPWS, Member for Bathurst Paul Toole, Mayor of Hawkesbury Council Mary Lyons- Buckett and Dominic Perrottet, MP for Hawkesbury.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

12 December 2017

23. 17/235641. Bell Quarry Rehabilitation Project

1. That the Council notes this report; 2. That the Council notes the Bell Quarry Rehabilitation Project DA including the

Environmental Impact Statement may go on exhibition in late December 2017 or early January 2018, in which case work will need to begin on Blue Mountains Council submission before the next Council Meeting of 30 January 2018; and

3. That the Council welcomes input from residents, particularly but not exclusively

those of Sandham Road, Bell, to help inform its own submission. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

* * * * * * * * * *


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ITEM NO: 26 SUBJECT: KATOOMBA STRATEGIC CENTRE REFERENCE GROUP FILE NO: F11894 - 19/16694 Delivery Program Link


Notice of Motion by Councillor Brown: 1. The Council notes that the Western City District Plan (WCDP) of the State Government;

i. Identifies Katoomba as one of six ‘Strategic Centres’ in Western Sydney;

ii. Council is expected to collaborate with the state and federal governments and the local community to build Katoomba as a strategic centre by activating the town centre, enhancing the public realm, facilitating growth in its employment base particularly in regard to tourism, strengthening goods and service provision in the town, increasing residential capacity , improving public transport, walkability and cyclability, increasing urban tree canopy and protecting its heritage;

iii. As a Strategic Centre, Katoomba is eligible for some infrastructure funding that Council is not required to match;

2. That the Council investigate and report on establishing a Katoomba Strategic Centre Reference Group to facilitate ongoing community engagement on;

I. the opportunities and obligations noted above that arise from the designation of Katoomba as a Strategic Centre in the Western City District Plan;

II. medium and long term planning and projects such as the Katoomba Master Plan, Katoomba Golf Course and the Destination Management Plan that will need to align with the priorities of Katoomba as a Strategic Centre; and

III. shorter term and pressing issues such as traffic congestion and parking, rejuvenation of the Civic Centre precinct, walking and cycling routes, and heritage restoration and activation, to align with the priorities of the Katoomba as a Strategic Centre and the wider WDCP priorities;

3. That together with business and community group representatives, the KSC Reference Group will include all ward 1 councillors; all councillors will be invited to attend meetings; and the minutes will be posted on Council’s website; and

4. That in recognition of the leadership role of women in our community and Council’s commitment to gender equality, the reference group will have a pro-active target of at least 50 per cent women.


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Background The future of Katoomba as the only Western City strategic centre in the Mountains cannot be determined or implemented without active engagement from the community.

There will be differing, and sometimes conflicting views, on needs and expectations which makes it even more pressing for there to be an open and inclusive process to establish and see through priorities.

Community consultation and collaboration is a requirement of the Western City District Plan and of planning generally. The Reference Group would help Council draw on local knowledge and expertise across tourism and hospitality, retail, natural and cultural heritage, the arts, residential amenity, aboriginal culture, health and education.

Representation, possibly as associates, of key community stakeholder groups that are not based in Katoomba but use and benefit from Katoomba tourism activity, shops, services and employment would also need to be considered. The Western City District Plan The Western City District Plan is a 20 year plan prepared by the Greater Sydney Commission for the NSW Government. It is one of three city plans for Sydney Metropolis and covers the eight councils in western Sydney. It includes aspirations, targets, strategies and actions for growth in employment, housing, transport (public, private, walking/ cycling) , community health and the urban ‘green grid’; protection of our natural landscapes and river systems and of our built heritage, tourism assets and unique rural areas and villages; and measures to moderate climate change and build resilience.

A core idea of the Plan is the 30 minute city.

“The Metropolis of Three Cities is the region plan for Greater Sydney. It is built on a vision of three cities where most residents live within 30 minutes of their jobs, education and health facilities, services and great places – Western Parkland City, Central River City and Eastern Harbour City. This vision seeks to rebalance the economic and social opportunities and deliver a more equitable Greater Sydney.” [WCDP p.8, emphasis added]

The Western Sydney Airport is the central feature of the Western City District Plan. This is not supported by the Blue Mountains City Council. However, with this significant proviso, the Council has agreed to the Plan and participated actively in its preparation along with the other western Sydney councils.

The Plan establishes three levels of urban and rural centres: Metropolitan Clusters, Strategic Centres and ‘Local Centres. There are no Metropolitan Clusters or Local Centres identified in the Blue Mountains. There is one Strategic Centre and that is Katoomba. This is a direct outcome of Blue Mountains City Council submissions.

The designation offers considerable opportunities along with some risk of excessive development in Katoomba that the Council and its Planning Department will manage through the guidelines of the WDCP, our Local Environment Plan and community engagement in planning processes.

The Blue Mountains is designated as a Metropolitan Rural Area and the Plan commits to the environmental, social and economic values of the Metropolitan Rural Area.


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I. The Western City Deal Attached to the Western City Plan, there is the Western City Deal to which all eight councils in the Western City have committed. The Deal is between the Australian, State and Local Governments. There is a focus on the Aerotropolis which the Blue Mountains City Council does not support and this is acknowledged.

The Deal includes a $150m ‘Liveability’ fund (walking, cycling, urban tree canopy, enhancing public spaces etc) to be shared amongst the eight western councils.

“The Western Sydney City Deal includes six commitments: connectivity, jobs for the future, skills and education, liveability and environment, planning and housing and implementation and governance.

The Western Sydney City Deal is about:

• realising the 30-minute city by delivering the North South Rail Link • creating 200,000 jobs by supercharging the aerotropolis and agribusiness precinct as

catalysts • skilling residents in the region and initiating an Aerospace Institute • respecting and building on local character through a $150 million Liveability Program

• coordinating and innovating through a Planning Partnership • delivering for the Western Parkland City with enduring tri-level government.”

[WCDP p. 59]

The Deal is an ongoing commitment for the ‘sustainable’ growth of Western Sydney and infrastructure that will be needed. II. Strategic Centres – Katoomba There are four main themes in the Western City District Plan: Infrastructure & collaboration, Liveability, Productivity, Sustainability. Within these are 10 directions, see below for more details.

The role of the centres, including ‘strategic centres’ like Katoomba, is most clearly articulated under the theme of Productivity.

“PRODUCTIVITY

……Planning Priority W11

Growing investment, business opportunities and jobs in strategic centres

In giving effect to A Metropolis of Three Cities, this Planning Priority delivers on the following objective and the corresponding strategy:

Objective 22 Investment and business activity in centres.

……..

This Plan builds on the strengths of each centre within a common framework to grow jobs across Greater Sydney and improve the communities’ access to goods and services. To manage the growth and change of the District’s centres, a centres hierarchy has been established


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as outlined below:

• metropolitan cluster: Liverpool, Greater Penrith and Campbelltown-Macarthur, Western Sydney Airport and Badgerys Creek Aerotropolis (refer to Planning Priority W9)

• strategic centres: St Marys, Katoomba, Richmond- Windsor, Fairfield, Leppington and Narellan

• local centres: (refer to Planning Priority W6). All strategic centres will be the focus of public transport investments that seek to deliver a 30-minute city (refer to Planning Priority W7).

The strategic centres in the Western City District differ in size and scale of economic activity. However, as strategic centres they all have similar characteristics, including:

• high levels of private sector investment • flexibility, so that the private sector can choose where and when to invest • co-location of a wide mix of activities, including residential • high levels of amenity and walkability and being cycle friendly • areas identified for commercial uses, and where appropriate, commercial cores.

[WCDP p. 94]

……..

Katoomba

Katoomba is a significant tourist destination, with associated employment opportunities. Withinthe ‘City of the Arts’, Katoombadraws on its unique heritage, artsand cultural activities, supportedby a Cultural Centre and World Heritage exhibition. Katoomba has a transport interchange and a diverse mix of uses, including commercial, retail, health and education facilities. The centre provides services for the local community and includes large employers such as Blue Mountains City Council and Blue Mountains Hospital. There are opportunities to build on the centre’s assets to promote economic activity and consolidate Katoomba’s revitalisation.

2016 [jobs] estimate 2,700

2036 baseline target 3,000

2036 higher target 5,500

ACTIONS

62. Strengthen Katoomba through approaches that:

a. encourage new lifestyle and entertainment uses to activate streets and grow the tourism and night-time economies

b. facilitate the attraction of office/commercial floor space and provide opportunities to allow commercial and retail activities to innovate, including smart work hubs

c. enhance the public realm


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d. activate secondary streets.

RESPONSIBILITY

Blue Mountains City Council, other planning authorities and State agencies”

[WCDP p. 99].

III. Implementation – 4 themes, 10 directions The clearest overview of the Western City District Plan and its priorities is in the final section on Implementation where the four themes and ten directions are combined with ‘potential indicators’.

“IMPLEMENTATION

Planning Priority W22

Monitoring and reporting on the delivery of the plan

Table 5: Basis for monitoring the performance of the Plan

Infrastructure and Collaboration

1. A city supported by infrastructure

As Greater Sydney grows and becomes more complex there is a need to design better ways of supporting growth and delivering appropriate infrastructure in the right places.

A city supported by infrastructure will be measured against the outcomes achieved by city-shaping infrastructure that facilitates the three cities and city-serving infrastructure that is sequenced and aligned with forecast growth.

Potential indicator: Increased 30-minute access to a metropolitan centre/cluster.

2. A collaborative city

Collaboration between government, industry and local communities will result in the best use of resources such as public spaces, school ovals and community facilities.

A collaborative city will be measured against the outcomes achieved by all levels of government, industry and the community working together.

Potential indicator: Increased use of public resources such as open space and community facilities.

Liveability 3. A city for people

Improved quality of life can be achieved by co-locating schools, recreation, transport, community and health facilities, social infrastructure and local services in walkable mixed-use places.

A city for people will be measured against the outcomes achieved by improved access to local health, education, transport, recreation, social facilities and services.

Potential indicator: Increased walkable access to local centres.


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4. Housing the city

Providing ongoing housing supply and a range of housing types in the right locations will create more liveable neighbourhoods and support Greater Sydney’s growing population. Housing affordability is also a challenge that can affect job and lifestyle choices.

Housing the city will be measured against the outcomes achieved by increasing housing supply and choice, and housing affordability.

Potential indicators: Increased housing completions (by type); Number of councils that implement Affordable Rental Housing Target Schemes.

5. A city of great places

The creation and renewal of great places for people, together with better local accessibility through walking and cycling, will achieve local liveability that attracts and retains residents and workers. Great places exhibit design excellence and start with a focus on open spaces and a people-friendly realm.

A city of great places will be measured against the outcomes achieved by improved local accessibility and connections, and design excellence.

Potential indicator: Increased access to open space.

Productivity

6. A well-connected city

A Metropolis of Three Cities requires a well-connected Greater Sydney with new jobs, shops and services in well-located centres with efficient transport connections and safe and convenient walking and cycling routes. This creates a 30-minute city.

A well-connected city will be measured against the outcomes achieved by improved access to metropolitan, strategic and local centres.

Potential indicators: Percentage of dwellings located within 30 minutes by public transport of a metropolitan centre/cluster; Percentage of dwellings located within 30 minutes by public transport of a strategic centre.

7. Jobs and skills for the city

Greater Sydney’s population growth needs to be supported by economic growth that enhances its productivity, export sectors and global competitiveness.

Jobs and skills for the city will be measured against the outcomes achieved by increased business growth and investment, improved transport connections, economic agglomerations and target sectors.

Potential indicator: Increased jobs in metropolitan and strategic centres.

Sustainability

8. A city in its landscape

A healthy natural environment will be important to improve liveability, create healthy places, and mitigate the effects of climate change.

A city in its landscape will be measured against the outcomes achieved by


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protected, restored and enhanced landscapes, waterways, coastline, natural areas, tree canopy and open spaces.

Potential indicators: Increased urban tree canopy; Expanded Greater Sydney Green Grid.

9. An efficient city

In Greater Sydney, the sectors that contribute most to greenhouse gas emissions are energy (electricity and gas) used in buildings, transport and waste.

An efficient city will be measured against the outcomes achieved by innovative management of water, energy, resources and waste in planning new development and infrastructure.

Potential indicators: Reduced transport-related greenhouse gas emissions; Reduced energy use per capita.

10. A resilient city

Adapting to climate change is critical to Greater Sydney’s future resilience, together with responding to its natural and urban hazards. To be resilient, communities need social cohesion and access to economic resources.

A resilient city will be measured against the outcomes achieved by managing the impacts of natural hazards on communities, and adapting communities to cope with more very hot days.

Potential indicator: Number of councils with standardised statewide natural hazard information. “

[WCDP pp. 145-146]

* * * * * * * * * *

PRECIS OF SELECTED CORRESPONDENCE

PRECIS OF SELECTED CORRESPONDENCE Item 27, Ordinary Meeting, 29.01.19

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ITEM NO: 27 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE FILE NO: F11894 - 19/1371 Delivery Program Link


Recommendation: That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary.

Correspondence Received by Council

1. 6 December 2018 – Auditor General of NSW, Margaret Crawford Letter to the General Manager regarding the outcome of tender for auditor to conduct Council’s financial audits.

2. 6 December 2018 – Service NSW Letter to the Mayor regarding the opening of Springwood Service NSW Centre. ATTACHMENTS/ENCLOSURES 1 Audit arrangements BMCC 19/6943 Attachment 2 For Precis - Outgoing Springwood 3 18/305550 Attachment

* * * * * * * * * *

PRECIS OF SELECTED CORRESPONDENCE Item 27, Ordinary Meeting, 29.01.19 Attachment 1 - Audit arrangements BMCC

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PRECIS OF SELECTED CORRESPONDENCE Item 27, Ordinary Meeting, 29.01.19 Attachment 2 - For Precis - Outgoing Springwood 3

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QUESTIONS WITH NOTICE

QUESTIONS WITH NOTICE Item 28, Ordinary Meeting, 29.01.19

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ITEM NO: 28 SUBJECT: DAMAGED TREES IN GLADSTONE ROAD, LEURA FILE NO: F11894 - 19/4352 Delivery Program Link


Question With Notice by Cr Schreiber: Could the Council be informed if our insurance covers the cost of removing the damaged trees in Gladstone Road, Leura, and replacing trees with advanced trees, and has there been discussions with the company in relation to Council receiving reimbursement for some of the costs in removing and replacing the trees?

* * * * * * * * * *


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ITEM NO: 29 SUBJECT: KATOOMBA GOLF COURSE FILE NO: F11894 - 19/16684 Delivery Program Link


Question With Notice, by Councillor Brown: 1. What were the terms of Council's ownership of Katoomba Golf Course when the land

was donated to Council? and 2. Do these prevent or set limits on use of or development of the site?

* * * * * * * * * *


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ITEM NO: 30 SUBJECT: KATOOMBA CIVIC CENTRE PRECINCT FILE NO: F11894 - 19/16686 Delivery Program Link


Recommendations: Please provide details of; 1. How the money was spent and the outcomes of the $120,000 allocated from the 2016/7

budget to fund ” investigations, precinct planning and design and feasibility assessment of options for redevelopment of the Katoomba Civic Centre;” and

2. Who participated in the “consultation with stakeholders as part of the feasibility

assessment of the options.” [Min 212, 26 July 2016].

* * * * * * * * * *

RESPONSES TO QUESTIONS WITH NOTICE

RESPONSES TO QUESTIONS WITH NOTICE Item 31, Ordinary Meeting, 29.01.19

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ITEM NO: 31 SUBJECT: RESPONSE TO QUESTION RE GIPA LEGAL COSTS FILE NO: F11894 - 18/313409 Delivery Program Link


Recommendation: That the Council notes the response provided to the Questions With Notice.

Report by Acting Group Manager People & Systems:

Questions With Notice At the Ordinary Meeting of Council on 30 January 2018, the following question with notice was referred by Councillor Brown:

“What is the total amount spent on legal advice and actions related to requests for information under the Government Information Public Access Act in this term of council.”

Response to Questions With Notice Since September 2016, Council has been party to five (5) actions at the NSW Civil and Administrative Tribunal (NCAT) relating to applications made under the Government Information (Public Access) Act 2009 (NSW) (‘GIPA Act’). The financial year legal costs for each have been reported in each annual report, excepting those matters which are ongoing as at 30 June 2018, being the cut-off date for costs for that annual report. The total expenses to date for NCAT matters and related advice is approximately $73,064, as at 31 December 2018. This includes some costs for a matter that had commenced prior to September 2016 but proceedings concluded in the period. In addition, from time to time Council also seeks legal advice in relation to the GIPA Act that is general in nature, or which might relate to other ongoing matters. This advice is invoiced together with other advice matters and therefore relevant cost information is not held separately in a manner which can be easily or definitively extracted as required to answer this question. This information is therefore not provided in this report.

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Documents

Business Paper Ordinary Meeting€¦ · Wentworth Falls 3 16 Bowens Creek Road and Bush Fire Neighbourhood Safer Places at Mount Wilson and Mount Irvine 4 18 Council's Role in Building