NOTICE OF COUNCIL MEETING - Municipality of …...Council at the Chinese Lions Club function at...

2 Conder Street Burwood NSW 2134, PO Box 240 Burwood NSW 1805 phone: 9911 9911 facsimile: 9911 9900 tty: 9744 7521

email: [email protected] website: www.burwood.nsw.gov.au

25 January 2006

NOTICE OF COUNCIL MEETING

A meeting of the Council of Burwood will be held in the Council Chamber, first floor, 2 Conder Street, Burwood on Tuesday 31 January 2006 at 6:00 pm. Pat Romano GENERAL MANAGER

Our Mission Burwood Council will create a quality lifestyle for its citizens

by promoting harmony and excellence in the delivery of its services

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CONFLICT OF INTERESTS What is a “Conflict of Interests” - A conflict of interests can be of two types: Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated. Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature). Remoteness A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act. Who has a Pecuniary Interest? - A person has a pecuniary interest in a matter if the pecuniary interest is the interest of: The person, or Another person with whom the person is associated (see below).

Relatives, Partners A person is taken to have a pecuniary interest in a matter if: The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a

pecuniary interest in the matter. N.B. “Relative”, in relation to a person means any of the following: (a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or

of the person’s spouse; (b) the spouse or de facto partners of the person or of a person referred to in paragraph (a) No Interest in the Matter However, a person is not taken to have a pecuniary interest in a matter: If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or

other body, or Just because the person is a member of, or is employed by, the Council. Just because the person is a member of, or a delegate of the Council to, a company or other body that has a

pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the

Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee: (a) at any time during which the matter is being considered or discussed by the Council or Committee, or (b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - A person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest. Participation in Meetings Despite Pecuniary Interest (S 452 Act) A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act. Non-pecuniary Interests - Must be disclosed in meetings. There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways: It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors

should consider providing an explanation of why they consider a conflict does not exist. Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs

to be taken when exercising this option. Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict) Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the

provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

Disclosures to be Recorded (s 453 Act) A disclosure (and the reason/s for the disclosure) made at a meeting of the Council or Council Committee or Sub-Committee must be recorded in the minutes of the meeting.

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~~~~~~~~~~~ Burwood Council recognises that Aboriginal people lived along the Cooks River for thousands of years prior to European settlement. They developed an enormous body of knowledge and skill to harness the resources provided by the river and surrounding lands. The Aboriginal people, who lived around Burwood, were known as the Wangal people. Although the Wangal people travelled about in order to trade and search for food, their territory was the land on the southern bank of the Parramatta River. Their boundaries extended to the west of Iron Cove to as far as Homebush Bay, with a southern boundary along the watershed between Cooks River and Sydney Harbour.

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AGENDA. PRAYER “Lord, we humbly beseech thee to vouchsafe thy blessing on

this Council, direct and prosper its deliberations for the advancement of this area and the true welfare of its people.”

APOLOGIES/LEAVE OF ABSENCES CONFIRMATION OF MINUTES

Recommendation

That the Minutes of the following Meeting of Burwood Council:

A. Council Meeting held on Tuesday 13 December 2005

as typed and circulated, be confirmed and signed as a true record of the proceedings of that meeting. DECLARATIONS OF INTERESTS BY COUNCILLORS ADDRESS BY THE PUBLIC ON AGENDA ITEMS INFORMATION ITEMS

(ITEM IN1/06) DELEGATION TO THE MAYOR AND GENERAL MANAGER OVER THE CHRISTMAS RECESS PERIOD............................................................................4

MAYORAL MINUTES

No Items

NOTICES OF MOTION

(ITEM NM1/06) REIMBURSEMENT OF EXPENSES TO COUNCILLORS - COUNCILLOR'S EXPENSES & FACILITIES POLICY .....................................................................5

REPORT OF COMMITTEES

(ITEM RC1/06) LOCAL TRAFFIC COMMITTEE ..........................................................................6

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GENERAL BUSINESS

(ITEM 1/06) INVESTMENT OF COUNCIL'S FUNDS AS AT 31 DECEMBER 2005 .....................35 (ITEM 2/06) BURWOOD COUNCIL SECTION 94 CONTRIBUTIONS PLAN ..............................39 (ITEM 3/06) BURWOOD CONSOLIDATED DEVELOPMENT CONTROL PLAN.........................91 CONFIDENTIAL ITEMS

No Items

QUESTIONS WITHOUT NOTICE Councillors are required to submit any Questions

Without Notice in writing.

COUNCIL MEETING 31 JANUARY 2006

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(ITEM IN1/06) DELEGATION TO THE MAYOR AND GENERAL MANAGER OVER THE CHRISTMAS RECESS PERIOD

File No: D.0010.000 REPORT BY ACTING SENIOR MANAGER GOVERNANCE Summary Council at the meeting held on 13 December authorised the Mayor and General Manager to deal with matters of urgency during the Christmas/New Year recess period. This report advises that there were no matters dealt with under the specific delegation granted by Council. Background Council resolved at the Ordinary meeting held on 13 December 2005 in the following terms:

“1. That for the period 14 December 2005 to 31 January 2006 inclusive Council delegates its: • Functions with the exception of the functions listed under Section 377 and Chapter 7 of

the Act equally to the Mayor and General Manager where both are required to agree in their decision and sign off on the matters.

• Regulatory functions under Chapter 7 of the Act to the General Manager. 2. That all decisions be subsequently reported for the information of Councillors.”

The General Manager has advised that it was not necessary to exercise this delegation of authority over the recess period.

No Decision – Information Item Only

Attachments There are no attachments for this report.


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(ITEM NM1/06) REIMBURSEMENT OF EXPENSES TO COUNCILLORS - COUNCILLOR'S EXPENSES & FACILITIES POLICY

File No: C.780.000 Councillor Weiley TO MOVE:

1. That Council amends its “Councillor’s Expenses and Facilities Policy” to allow Councillor’s to be reimbursed for attendance at Official functions where they have received an official invitation.

2. That Council endorses the attendance of Councillor Weiley as official representative of Council at the Chinese Lions Club function at Cronulla which was held to raise money for the Sydney Eye Clinic. In addition, Council endorses the purchase of two tickets, valued at $100, as a donation to the fundraising.



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(ITEM RC1/06) LOCAL TRAFFIC COMMITTEE

File No: T.900.000 REPORT BY TRAFFIC ENGINEER A Burwood Local Traffic Committee Meeting was held on Thursday 8 December 2005. The meeting’s Agenda, reports, attachments and minutes are attached for Council’s consideration. Recommendation That the recommendations of Burwood Local Traffic Committee Meeting 8 December 2005 be endorsed.

Attachments 1. Local Traffic Committee Meeting 8 December 2005 Agenda 1 page(s) 2. Local Traffic Committee Meeting 8 December Reports & Attachments 20 page(s) 3. Local Traffic Committee Meeting 8 December 2005 Minutes 6 page(s)

ATTACHMENT 1 Report Of Committees Report No. 1 Local Traffic Committee Local Traffic Committee Meeting 8 December 2005 Agenda

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ATTACHMENT 2 Report Of Committees Report No. 1 Local Traffic Committee Local Traffic Committee Meeting 8 December Reports & Attachments

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ATTACHMENT 3 Report Of Committees Report No. 1 Local Traffic Committee Local Traffic Committee Meeting 8 December 2005 Minutes

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(ITEM 1/06) INVESTMENT OF COUNCIL'S FUNDS AS AT 31 DECEMBER 2005

File No: B.0190.000 REPORT BY FINANCIAL ACCOUNTANT Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that the council has invested under Section 625 of the Local Government Act 1993. Background The total return on investment in December 2005 was 0.61%, out performed benchmark by 0.14% in the month. Burwood Council Portfolio Executive Summary December 2005 Benchmark: UBS Warburg 90 Day Bank Bill Index Return Objective: Benchmark + 0.35% after fees, rolling 12 months Portfolio Balance: $7,819,571.98 Portfolio Manager: Jasper Gale Portfolio Adviser: Stewart Calderwood

Portfolio Performance

Month Quarter Since Inception (15 June ’05)

Annualised (Since Inception)

Return 0.61% 1.79% 3.62% 6.73%

Benchmark Index (UBS Warburg 90 Day Bank Bill Index)

0.47% 1.42% 3.10% 5.76%

Excess Performance +0.14% +0.37% +0.52% +0.97%

Investment Objective

Grange aims to provide Burwood Council with a regular source of income above the rates available in the short-term money market by investing in interest bearing securities. The portfolio’s return objective is to outperform the UBS Warburg 90 Day Bank Bill Index consistently, over rolling twelve month periods. All securities included in portfolios are authorised investments as per NSW Local Government requirements. Potential Investments Bonds & Debentures Term & Cash Deposits Bank Bills Negotiable Certificates of Deposit Transferable Certificates of Deposit Floating Rate Notes Other approved securities

Issued by: Government Corporates Banks Building

Societies Credit Unions


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Top 5 Securities

Issuer Type (%)Elders Rural Bank (BBB-) ADI FRN 13.00 Quartz (AA) CDO FRN 12.80 Hotham (AAA) CDO FRN 7.40 Blue Gum (AA-) CDO FRN 7.20 Tasman (AA+) CDO FRN 6.60 Total 47.00

Portfolio Exposure

0% 20% 40% 60% 80% 100%

Cash

Non-ADIInterest Bearing

Securities

ADI InterestBearing

Securities

Asset Exposure

0% 20% 40% 60% 80% 100%

A- & below *

A+ to A

AAA to AA-

Credit Exposure

Maximum Exposure to a Single Issuer is 20% of Market or Face Value Historical Investment Performance (Advised)

Month Ending

Portfolio Balance

Return (p.a.)

Return (period)

12 Mth Return

30-Jun-05 $7,628,189 4.99% 0.20% n/a 31-Jul-05 $6,676,185 6.77% 0.62% n/a 31-Aug-05 $6,704,344 5.08% 0.42% n/a 30-Sep-05 $9,205,681 6.78% 0.54% n/a 31-Oct-05 $8,748,656 7.19% 0.59% n/a 30-Nov-05 $7,772,488 7.30% 0.58% n/a 31-Dec-05 $7,819,571 7.37% 0.61% n/a


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Monthly Returns

-0.25%

0.75%

Jun 05 Jul 05 Aug 05 Sep 05 Oct 05 Nov 05 Dec 05

Burwood PortfolioUBSW Bank Bill IndexGrowth Since Inception

Cumulative Value-Add, Since Inception Burwood Portfolio V. 90 Day Bank Bill Index

4.00%

4.50%

5.00%

5.50%

6.00%

6.50%

7.00%

7.50%

8.00%

Jun 05 Jul 05 Aug 05 Sep 05 Oct 05 Nov 05 Dec 05

Burwood Portfolio 90 Day Bank Bill Index

$43,560

Economic Commentary The Month Bond yields in the US and Australia moved lower during December, but after briefly increasing early in the month on concerns that strong global growth would add to inflation pressures. Despite a run of mostly stronger than expected economic readings out of the US, inflation concerns faded in the second half of December as all measures of inflation for November came in lower than widely expected. The most important was the November core personal consumption expenditure deflator reading, the inflation measure which the Fed prefers for policy purposes, and which was up only 0.1% in the month with an annual rate of 1.8%, lowest since March 2004. While the Fed lifted its cash rate again in December by 25 basis points to 4.25%, the accompanying statement indicated that any future policy moves would be more related to maintaining balance between firm growth and low inflation. In Australia, economic readings were mixed and the Q3 GDP report showed softer than expected economic growth, up only 0.2% in the quarter. A speech by Reserve Bank Governor Macfarlane reinforced perceptions that the Reserve Bank has a bias to lift its cash rate, although not in the immediate future. Australian bonds took their lead from US bond yields during the month and the 10 year bond yield fell to 5.21% from 5.38% at the end of November. The US 10 year bond yield fell to 4.39% at the end of December, from 4.49% at the end of November. The Quarter Bond yields see-sawed several times during Q4 2005 mostly reflecting changing views about the outlook for growth and inflation. Early in the quarter very high oil prices near $US 70 a barrel led to concerns that inflation would be high enough to force the Fed to keep lifting its cash rate well into 2006. There was also concern that US economic growth would weaken under pressure from high energy prices and rising borrowing interest rates. In the event, increased oil supply and softer demand caused oil prices to fall. Inflation was weaker than expected and economic growth was stronger than expected. Also, the Fed provided the first signals that it may be near the end of its long program of interest rate increases. In Australia, the main variations on the US story were rather softer economic growth and the central bank talking of returning to a bias to lift interest rates.


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During the quarter the US 10 year bond yield increased from 4.33% to 4.39%, while the Australian 10 year bond yield fell from 5.36% to 5.21%. The Year In 2005, bond yields were at their highest early in the year when it seemed likely that very strong global growth and rising interest rates would force quite aggressive policy tightening. As it turned out, economic conditions permitted the US Fed to stick with lifting its cash rate 25 basis points at each 6 weekly policy meeting throughout the year. The Reserve Bank of Australia only needed to lift its cash rate only once during the year, by 25 basis points to 5.5% back in March. The Reserve Bank even went briefly to a neutral policy bias in August, before returning to a bias to lift interest rates further in November. The US 10 year bond yield rose from 4.22% at the end of 2004 to 4.39% at the end of 2005. The Australian 10 year bond yield fell from 5.29% at the end of 2004 to 5.21% at the end of 2005. Looking ahead, economic growth in the US and in Australia is still strong enough to maintain concerns about inflation running through the early months of 2006. However, core or underlying inflation may soon peak in both countries preventing bond yields moving up much even with central banks still lifting their cash rates from time to time. At some point in the first half of 2006, bond yields may start to fall more consistently reflecting the risks of softer economic growth and lower inflation later in 2006. Recommendation(s) That the report be adopted.



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(ITEM 2/06) BURWOOD COUNCIL SECTION 94 CONTRIBUTIONS PLAN

File No: T.0285.000 REPORT BY DIRECTOR OF PLANNING & ENVIRONMENT Summary Draft Burwood Council Section 94 Contributions Plan (s94 Plan) was exhibited between 16 November and 14 December 2005. No submissions were received. Further valuations received after the commencement of the exhibition have resulted in reductions in the contribution rates, as shown in the final draft Plan. It is recommended that the final draft s94 Plan be adopted and brought into effect and that existing s94 Plans be repealed. Background Council, at its meeting of 24 February 2004, resolved to prepare a new Section 94 Contributions Plan to facilitate the provision of local infrastructure. A draft s94 Plan has been developed by Council officers and consultants, to enable Council to collect contributions from developers, as a condition of development consent, towards the cost of providing local infrastructure and facilities required as a consequence of development. The draft plan:

1. Establishes population growth and development potential, and the resulting increased demand for public infrastructure and facilities within the Burwood Local Government Area (LGA);

2. Sets out formulas for the calculation of the contributions required to be made by the additional population;

3. Identifies the applicable s94 contribution rates for future development; 4. Provides a works schedule identifying the public infrastructure and facilities on which

Council intends to spend contributions collected; and 5. Sets up the administrative and accounting procedures for the Plan.

Proposal Background studies Background studies were undertaken by expert consultants in order to assist in the nexus establishment through assessing the demands of the public infrastructure and facilities by the existing and incoming population. These studies include:

1. Community Facilities Infrastructure Review, by Suter & Associate Leisure & Tourism Planners, February 2005.

2. Open Space Assessment, by Suter & Associates Leisure & Tourism Planners, February 2005.

Council also engaged valuers to provide valuations on properties identified for possible acquisition for open space or community facilities purposes. The Department of Planning has a publication titled NSW Statistical Local Area Population Projections 2001 – 2031, 2004 Release. This publication was used to establish the population growth and as a cross reference to the analysis of future development potential in the LGA.


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The Australian Bureau of Statistics provided data on occupancy rates in Burwood. Development potential and population growth The draft s94 Plan is based on a steady growth scenario. This scenario has been used due to delays in implementing the Burwood Town Centre draft LEP and assumes that the current pattern and type of new development and growth rate in Burwood is likely to continue in the near future. Based on this scenario, the projected residential population growth for the Burwood LGA to 2016 is 3500 persons, representing 10.2% of the total future residential population or a 1% growth in the existing population. Under the steady growth approach there would be limited new commercial and retail development in the LGA to generate significantly additional demand for infrastructure and services. The draft s94 Plan therefore proposes to seek contributions from residential development only, except for the provision of public parking which will take into account both residential and commercial/retail development. Should the Burwood Town Centre draft LEP proceed, an amendment to the s94Plan is likely to be required. Categories of section 94 contributions s94 contributions are to be collected towards the cost of providing, in the Burwood LGA:

1. Open space and recreation facilities; 2. Community facilities; and 3. Public car parking.

A contribution is also to be levied to cover the cost of the preparation and administration of a s94 plan. Summary works schedule and contribution rates The Works Schedule and contribution rates of the draft s94 Plan are summarised below: Works Contribution for

total incoming population (i.e. 3,500 persons)

Contribution per person

Contribution per 0-1 bedroom dwelling

Contribution per 2 bedroom dwelling

Contribution per 3 or more bedroom dwelling

Open space & recreationAcquisition & embellishment of new open space $8,967,386.34 $2,562.11 $3,586.95 $5,636.64 $8,454.96Embellishment of existing open space $1,429,586.10 $408.45 $571.83 $898.60 $1,347.90New playing fields & tennis/multi-purpose court $650,000.00 $185.71 $260.00 $408.57 $612.86Sub total open space & recreation $11,046,972.44 $3,156.28 $4,418.79 $6,943.81 $10,415.72

Community facilitiesLibrary facilities $1,599,898.97 $457.11 $639.96 $1,005.65 $1,508.48Long day care centre $1,374,970.00 $392.85 $549.99 $864.27 $1,296.40Joint pre-school & OOSH care centre $3,590,000.00 $1,025.71 $1,436.00 $2,256.57 $3,384.86Community & cultural centres $272,064.60 $77.73 $108.83 $171.01 $256.52Community services space $81,702.00 $23.34 $32.68 $51.36 $77.03Public art $237,239.26 $67.78 $94.90 $149.12 $223.68Sub total community facilities $7,155,874.83 $2,044.54 $2,862.35 $4,497.98 $6,746.97

Plan preparation & administration fees $721,948.25 $206.27 $288.78 $453.80 $680.69

Total $18,924,795.52 $5,407.08 $7,569.92 $11,895.59 $17,843.38


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The above table shows that contributions per 0-1 bedroom, 2 bedroom and 3 or more bedroom dwelling are to be $7,569.92; $11,895.59 and $17,843.38 respectively, subject to indexing adjustment. The table does not include public parking contributions. This is an increase over the existing s94 Plans which have contributions per -1 bedroom, 2 bedroom and 3 or more bedroom of $3,608; $5,791 and $7,562 respectively. Public parking contributions Under the draft s94 Plan, Council will collect s94 contributions for public car parking under two circumstances:

1. The draft Burwood Consolidated Development Control Plan (DCP) Pt 22 – Car Parking seeks to introduce a forced shortfall of on site parking for development within the Burwood Town Centre. The requirement for a forced shortfall of on site parking has been introduced to promote the efficient use of public parking facilities and to slightly reduce the provision of overall parking. In this case, for each forced shortfall of on site parking, Council will charge 75% of the cost of constructing basement parking ($38,000), i.e. $28,500. Council will subsequently provide 0.75 public parking spaces in lieu of in a public car park.

2. For the parking spaces that are required under the draft DCP Part 22, but are unable to be

provided on site, Council will collect $38,000 for each deficient parking space. Council will subsequently provide one public parking space in lieu of in a public car park.

Consultation and Revision The draft s94 Plan and the background studies were placed on public exhibition between 16 November and 14 December 2005, at Council’s Administration Building and Burwood Library. The draft Plan was on Council’s website. No submissions have been received. A Councillors’ workshop was held on 12 September 2005 concerning the draft s94 Plan, which has since been fine tuned prior to the public exhibition. The draft Plan was also referred to various sections of Council. Minor editing comments were received which have been addressed and incorporated in the final draft S94 Plan in Attachment 1. Those comments did not result in any change to contribution rates. Since the start of the exhibition of the draft s94 Plan, updated land valuations have been received from valuers, showing a reduction in land valuations due to recent slow down of the property market. This has resulted in reductions in s94 contribution rates. As there is no change to the s94 plan methodology and calculation formulas, and the resultant contribution rates are less than what was on exhibition, re-exhibition of the revised draft s94 Plan is not required. Planning or Policy Implications The s94 plan making process allows Council to:

1. Foresee the development likely to happen in the near future; 2. Understand the infrastructure needs of the existing and future population; 3. Plan for the infrastructure provision to meet the needs of the existing and future population; 4. Legitimately collect contributions from developers to fund the infrastructure provision,

through conditions of development consent for future population; and


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5. Replace existing s94 Plans, which are getting out of date and can no longer reflect current infrastructure needs and costs.

Financial Implications The contribution rates under the (revised) draft s94 Plan will be greater than the contribution rates under the existing s94 Plans. Council’s income from s94 contributions is therefore expected to increase. The Works Schedule of the draft s94 Plan shows that total costs of infrastructure provision, including open space acquisition and embellishments, and community facilities to 2016 are approximately $47.6 million. Approximately $18.2 million of these costs can be linked to new population increases and can therefore be funded from s94 contributions. About $29.4 million of these costs need to be funded by sources other than s94 contributions. The following matters should be noted:

1. Future development and the consequential incoming population will only contribute a proportion of the total costs of the provision of local public infrastructure and facilities.

2. Council will need to fund the balance of costs from sources other than section 94

contributions.

3. The short falls in funding for items listed on the Works Schedule would need to be found and the works carried out within a reasonable time period.

Options Council may decide not to proceed with the draft s94 Plan and rely on the existing five s94 Plans. This is not recommended as the existing plans are getting out of date, and the works schedules in the plans are also out of date. Continuance with the existing plans means Council will under collect contributions and will not collect sufficient funds to meet the increased costs of infrastructure and needs of the future population. Conclusion The draft s94 Plan aims to identify the public infrastructure and facilities that is considered to be required as a result of new development and incoming population and to specify the contribution rates necessary to provide those infrastructure and facilities. Council must be mindful of the fact that s94 contributions can only lawfully apply to public infrastructure and facilities required to meet new development and incoming population; that funding sources other than s94 contributions need to be found to fund the balances of costs of the provision of infrastructure and facilities; and that the short falls in funding for items listed on the Works Schedule in the draft S94 Plan will need to be found within a reasonable time period.


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Recommendation(s) 1. That Burwood Council Section 94 Contributions Plan be adopted and brought into effect in

accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulation 2000.

2. That the following existing section 94 contributions plans be repealed:

• Section 94 Contributions Plan No. 1 – Road and Traffic Facilities. • Section 94 Contributions Plan No. 2 – Open Space. • Section 94 Contributions Plan No. 3 – Public Car Parking. • Section 94 Contributions Plan No. 4 – Burwood Town Centre: Open Space, Pedestrian,

Recreation and Community Facilities. • Section 94 Contributions Plan No. 5 – Westfield Burwood.

3. That Council give the General Manager delegated authority to make minor administrative

and technical changes to the Burwood Council Section 94 Contributions Plan as may be necessary prior to the Plan becoming effective.

Attachments 1. Burwood Council Section 94 Contributions Plan 47 page(s)

ATTACHMENT 1 Planning and Environment Report No. 2 Burwood Council Section 94 Contributions Plan Burwood Council Section 94 Contributions Plan

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(ITEM 3/06) BURWOOD CONSOLIDATED DEVELOPMENT CONTROL PLAN

File No: T.0378.000 REPORT BY DIRECTOR OF PLANNING & ENVIRONMENT Summary A draft Burwood Consolidated Development Control Plan (DCP) has been prepared in response to the recent amendments to Part 3 of the Environmental Planning & Assessment (EP&A) Act 1979. The draft consolidated DCP was placed on public exhibition between 16 November and 14 December 2005. No submissions have been received. It is recommended that the draft consolidated DCP be approved and brought into effect in accordance with the EP&A Act 1979 and Regulation 2000. Background A draft Burwood Consolidated DCP was developed, in response to the recent amendments to Part 3 of the EP&A Act, 1979. The amendments provide that:

• There may only be one DCP that applies to land. If this is not complied with, all of the DCPs currently applying to the land will have no effect.

• The DCP must not replicate the provisions of any environmental planning instrument (EPI) applying to the land.

• The DCP must not be inconsistent with, and must not prevent compliance with, the provisions of any EPI applying to the land.

Accordingly, at its meeting of 1 November 2005, Council resolved to prepare a single DCP that consolidates all existing DCPs that apply within the Burwood local government area. Proposal A draft Burwood Consolidated DCP was prepared by Council officers with assistance from Council’s solicitors. The draft Consolidated DCP consists of:

• An introduction section. This section explains the recent amendments to the Act, land to which the Consolidated DCP applies, its relationship with the Burwood Planning Scheme Ordinance 1979 and how to read the DCP; and

• Thirty-five (35) DCP Parts. Each part corresponds with existing DCP numbers. For

example, existing DCP 1 – Grosvenor Street becomes Part 1 of the Consolidated DCP. There is a brief statement and explanation in front of each DCP Part that reiterates how the DCP operates. Where a DCP was repealed, e.g. DCP 10, Part 10 will still exist in the consolidated DCP, but with a statement saying “this Part is blank and has no application”.

The draft consolidated DCP also includes amendments to existing DCPs as follows:

• Amendment to DCP No. 6 – Notification of Development Applications. It makes minor administrative changes in respect of the process of notifying Development Applications as previously reported to Council.


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• Amendment to DCP No. 22 – Car Parking. It contains amended parking rates and special parking provisions for development in the Burwood Town Centre as previously reported to Council. The amendment has been prepared in conjunction with the preparation of the draft Section 94 Contributions Plan.

The draft consolidated DCP also contains a newly prepared draft Part 35 – Public Works. This DCP Part has been prepared to formalise the public works required to be carried out in the Burwood Local Government Area as a result of new development as previously reported to Council. Consultation The draft Burwood Consolidated DCP was placed on public exhibition between 16 November and 14 December 2005. No submissions have been received. At an internal meeting with various sections of Council to discuss the draft DCP, it was agreed the following minor amendments to Section 2 of this Part of the DCP were warranted:

• Council should have regard to the state of the existing Public Works adjacent to a development site to ensure that unnecessary or unreasonable burden not be placed on development. Accordingly, an additional assessment criterion could be added to the existing assessment criteria list of the Section (at the beginning of the list) to the following effect: ‘Whether the existing Public Works are in a state reflecting Council’s current standards and of good repair.’

• An additional Council policy dealing specifically with costs and apportionment of costs

relating to the undergrounding of overhead cables and telecommunication cables should be prepared. Accordingly, an additional sentence could be added to the existing last sentence of the Section to the following effect: ‘In relation to undergrounding of overhead cables and telecommunication cables the applicant is referred to Council’s policy on Application for the Undergrounding of Services’.

• As the outcomes of this Part of the DCP would be likely to result in additional works/costs

being borne by an applicant for development consent and for the purposes of clarity, the opportunity for an applicant to enter into a voluntary planning agreement with Council, for those works/costs, be reiterated. Accordingly, an additional final paragraph could be added at the end of the Section to the following effect: ‘Applicants are reminded of the opportunities available to them to enter into a voluntary planning agreement with Council for any appropriate purpose, including works required under this Part, in accordance with Clause 6.1 and 6.2 of the Introduction to the Burwood Consolidated DCP’.

The above amendments and additional minor comments received have been addressed and incorporated in the final draft consolidated DCP in Attachment 1 (to be tabled at the Council meeting). All comments received are of a minor technical nature and do not warrant a re-exhibition of the draft DCP. Planning or Policy Implications The consolidated DCP, as an interim measure, will satisfy the requirements of the recent amendments to the EP&A Act 1979. As described above, apart from amendments to two Parts and a new Part, the consolidated DCP has simply converted Council’s existing DCPs into Parts of the new consolidated DCP. However, the contents of the DCP will be comprehensively reviewed in


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the course of the preparation of the comprehensive LEP, which Council is required to complete within three years. Financial Implications Council’s solicitors were engaged to provide advice and assistance with the compiling of the draft consolidated DCP. This service is met within Council’s budget. There are no other financial implications. Options Under the amendments to the Act, if Council does not proceed with the consolidated DCP and wishes to proceed with any new DCPs or amendments to DCPs, such DCPs will have no effect. In this regard, Council has no option but to proceed with the draft consolidated DCP. The EP&A Amendment (Development Control Plans) Regulation 2005 gives a timeframe for the implementation of these requirements to 30 April 2006. If Council adopts this DCP it will be well inside the statutory timeframe. Conclusion The draft Burwood Consolidated DCP has been prepared to satisfy the recent amendments to the EP&A Act 1979. It consists of 35 DCP Parts with each part corresponding to the existing DCP number. A comprehensive review and revision of the DCP’s detailed provisions will be carried out in conjunction with the preparation of the new Burwood Comprehensive LEP. Note: There are no attachments to this report given the bulk of the Consolidated DCP. The document, however, will be tabled on the night and is also available on Council’s website http://www.burwood.nsw.gov.au/default.asp?iNavCatId=7&iSubCatId=56. Recommendation(s)

1. That Council adopt the Burwood Consolidated Development Control Plan and bring it into effect in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

2. That Council give the General Manager delegated authority to make minor administrative and technical changes to the draft Burwood Consolidated Development Control Plan as may be necessary prior to the Plan becoming effective.

Attachments 1. To be tabled at the Council meeting.

ATTACHMENT 1 Planning and Environment Report No. 3 Burwood Consolidated Development Control Plan To be tabled at the Council meeting.

94 25 January 2006

Attachment 1

Planning and Environment Report No. 3

To be tabled at the Council meeting.

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