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Ordinary Council Meeting

 

Supplementary BUSINESS PAPER

 

 

 

Tuesday 26 June 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick  on Tuesday, 26 June 2018 at 6:00 p.m.

 

Mayoral Minutes

MM28/18   Waiving of Fees - International Day of people with a disability..................... 1

MM29/18   Waiving of Fees - St George Coptic Orthodox Church Annual Community Fete 3

MM30/18   Waiving of Fees - Taste of Coogee 2018.................................................. 5

MM31/18   Supporting the Randwick Amnesty Community Sponsorship Initiative............. 9

MM32/18   Public Library Funding......................................................................... 11

MM33/18   Passing of Former Mayor of Randwick City Council - John Buchanan............ 13

MM34/18   South Sydney Rabbitohs' Request for Council Assistance to Commemorate John Sutton Historic Milestone..................................................................... 15  

Director City Planning Reports

CP28/18    Post Exhibition - Planning Proposal to Amend Subdivision Provisions for Attached Dual Occupancies............................................................................... 17      

CP29/18    102-104 Brook Street, Coogee (DA/284/2015)

This matter is considered to be confidential under Section 10A(2) (e) Of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

General Manager's Report

GM16/18   Operational Plan and Budget 2018-19: Confidential Fees and Charges

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

   

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM28/18

 

Subject:             Waiving of Fees - International Day of people with a disability

Folder No:                   F2018/00096

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

Correspondence has been received from Special Olympics Australia requesting support to celebrate International Day of People with a Disability on Sunday 9 December 2018 at the Clovelly Car Park.

 

Issues

 

To celebrate this International Day, Special Olympics Australia have organised a “Soar and Roar Festival” to be held at Sydney Motorsport Park as the lead in event for this special day.  The festival at Sydney Motorsport Park will be a free family fun day celebration.  As part of the celebration, dream rides will commence at various locations in and around Sydney and conclude at Sydney Motorsport Park at the “Soar and Roar Festival”.  This event will be giving 20-30 people with an intellectual disability a dream ride in a luxury vehicle starting at Clovelly Car Park to Sydney Motorsport Park where they will be part of the Opening Ceremony as they do a Lap of Honour around the race track.

 

The event will commence at 6.30 am.  Short speeches and formalities will commence at approximately 8:00 am.  The ride will commence at 8.30 am to Sydney Motorsport Park.  The event at Clovelly Car Park will conclude by 9.00 am.  Barricades will be placed to isolate part of the car park for this event.  Public access and public car parking will still be available during the event.  The organisers will notify the Clovelly Surf Life Saving Club of this event.

 

Special Olympics Australia have requested all associated fees be waived for this event.  The fees are as follows:

 

Application Fee:                         $178.00

Hire fee for minor event             $262.00

TOTAL:                                            $440.00

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $440.00, to be funded from the 2018-2019 Contingency Fund.

 

Conclusion

 

The “Soar and Roar Festival” is a significant event on the Special Olympics calendar.  This is the second year that this event has started at the Clovelly Car Park.  It is recommended that Council support the event to ensure its success.

 

 

Recommendation

 

That:

 

a)     Council vote $440.00 to cover the fees associated with hosting the Special Olympics Australia event at the Clovelly Car Park on Sunday 9 December 2018. The funds to be allocated from the 2018-19 Contingency Fund.

 

b)     Special Olympics Australia be requested to appropriately and prominently acknowledge and promote Council’s contribution to the “Soar and Roar Festival”;  and

 

c)     The Mayor or the Mayor’s representative be given the opportunity to address the event on behalf of the Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM29/18

 

Subject:             Waiving of Fees - St George Coptic Orthodox Church Annual Community Fete

Folder No:                   F2018/00096

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

Council has received correspondence from the St George Coptic Orthodox Church Kensington to waive the associated fees to conduct the Church’s Annual Community Fete on Saturday, 10 November, 2018 at Bowral Street, Kensington.

 

Issues

 

The annual Community Fete is organised by the church youth.  Successful events have been held in previous years which were attended by the local community and parishioners. Bowral Street Kensington will be temporarily closed on the day of the event.  This closure has been placed before the Traffic Committee for approval as in previous years. The proceeds of the fete will go towards youth and community facilities to be housed in the services building on the church premises.

 

The associated fees for this year’s event are:

 

Application Fee:                                        $433.00

Supply and removal of 10 x 240lt

Sulo bins @ $89.00 per bin                         $890.00

Total:                                                                  $1,323.00

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $1,323.00, to be funded from the 2018-19 contingency Fund. 

 

Conclusion

 

The St George Coptic Orthodox Church conducts its annual community fete to raise funds for youth and community facilities. It is considered that this event is a worthwhile community event that should be supported by Council.

 

 

Recommendation

 

That:

 

a)     The fees for the Saint George Coptic Orthodox Church annual community fete on Saturday 10 November 2018 be waived and $1,323.00 be allocated from the 2018-19 Contingency Fund;

 

b)     The fete organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the activity; and

 

c)     The Mayor or the Mayor’s representative be given the opportunity to address the event on behalf of the Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM30/18

 

Subject:             Waiving of Fees - Taste of Coogee 2018

Folder No:                   F2018/00096

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

The Coogee Chamber of Commerce is seeking support for the 2018 Taste of Coogee Festival (TOC) at Coogee Oval by requesting that Council match previous levels of monetary assistance.

 

Issues

 

The organisers advised that their objective for the 2017 event was to provide a safe community event and they look forward to presenting another “Taste of Coogee” festival. The 2018 Taste of Coogee will be held on Saturday 1 September and Sunday 2 September 2018.  Set up is planned for Friday 31 August and bump out on Monday 3 September. 

 

The 2018 event proposes to offer tastes of food, wine and other beverages.  There will also be entertainment for locals and visitors with performances on the main stage and interactive food masterclasses.

 

The Taste of Coogee event is to be held at Coogee Oval, Randwick’s first grade cricket oval. In previous years, the Randwick Petersham Cricket Club have supported the event and worked directly with the event organiser to provide operational support with a focus on the protection of the oval’s playing field surface.

                                                                         

Randwick Petersham Cricket Club provided these services for the 2017 event.  This year they are not participating in the event.  Therefore, Council will be responsible to ensure the oval surface is protected and repaired for the cricket season that commences 22 September 2018.

 

The Coogee Chamber of Commerce has requested that the associated fees for the event be waived as this event provides community benefit and supports local business.

 

Previously, Randwick Council has supported the TOC events by waiving the fees that are non direct costs.  The costs listed below include direct expenses for ground protection, waste collection and the food inspection fees.  These direct fees total $26,338.47.

 

The total fees for the 2018 Taste of Coogee are listed in the table below.

 

Fee Description

Amount

Conducting a large corporate event  – Very High Impact

(2 days x $4788) (non direct cost)

$9,578.00

Venue Hire : Bump in Friday 31 August (half day) and Bump Out Monday 3 September (half day)  (Low impact one day) (non direct cost)              

$1,998.00

Contractor quotation for ground protection (direct cost)

·    Supply and delivery of 40 Linear metres of track mats for the trucks to enter and exit = $2,100 +GST

·    Supply and delivery of 250m2 of foot traffic flooring for high wear areas at the food stalls etc. = $2,500 +GST

·    Staff to provide traffic control on the ground and installation of mats for the protecting of trucks and high foot traffic areas to reduce any damage on the oval - 4 x Staff 10hrs @ $75 +GST p/h on Friday, Saturday, Sunday & Monday = $12,000 +GST

 

$16,600.00

Trade Waste (supply and remove) plus cleaning - includes staff cost (direct cost)

$8,178.47

Parking in Dolphin Street car park – 20 spaces

($22.50 per day X 20x 2 days) (non direct cost)

$900.00

Food registration fees X 38 food stalls  (non direct cost)

$2,975.00

Food Inspection Fees – staff costs (direct cost)

$1,560.00

TOTAL

$41,789.47

 

The upfront protection of the surface will reduce the amount of restoration required following the event.  The works will be necessary to prepare Coogee Oval for the cricket season. 

 

The Taste of Coogee has been well supported by the community with an estimated 40,000 attendees expected by the event organiser.  Randwick Council can support local businesses and the community by waiving indirect costs i.e. the conducting of a large corporate event, bump in/out venue hire, food registration and the parking fees totalling $15,451.00. 

 

To assist Council with its support of the event, the Coogee Chamber of Commerce should submit a financial statement outlining the event revenue and costs for the 2018 event. 

 

Financial impact statement

 

Should Council support the report recommendation, the financial implication to Council will be $15,451.00.  This will be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

The Taste of Coogee is an event that is organised by the Coogee Chamber of Commerce.  It has grown in the five years that it has been held and has been well attended by the community.

 

It is proposed to support the Coogee Chamber of Commerce and the local businesses by waiving the fees that are not a direct costs to Randwick Council.


 

 

Recommendation

 

That:

 

a)     Council vote $15,451.00 to cover fees (non direct costs) for the conducting of the 2018 Taste of Coogee event on public land over 4 days, including bump in and bump out, parking and food registration fees associated with the 2018 Taste of Coogee event; 

 

b)     the $15,451.00 be charged to the 2018-19 Contingency Fund;

 

c)     the Coogee Chamber of Commerce be requested to pay the direct costs of $26,338.47 covering the trade waste services, food inspection services and ground protection services prior to the event;

 

d)     the organiser undertakes to appropriately and prominently acknowledge and promote Council’s contribution to the event when donating to charity; and

 

e)     the Coogee Chamber of Commerce be requested to submit a financial statement outlining the event’s revenue and costs for the 2018 event.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM31/18

 

Subject:             Supporting the Randwick Amnesty Community Sponsorship Initiative

Folder No:                   F2015/00104

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

A request has been received from Randwick Amnesty seeking support for their community sponsorship initiative. Randwick Amnesty is a local group of volunteers dedicated to the support and empowerment of those in need in our local community.

 

Issues

 

Randwick Amnesty recently met with the Mayor to outline their latest initiative focused on community sponsorship for refugees in need. In the meeting, issues surrounding those who are in need of resettlement due to a number of factors were outlined and it was noted that communities like ours can do more to assist those who are able to make a positive contribution to life in Australia, like so many before them.

 

Currently there a restrictions on the process whereby communities, families and businesses can assist refugees. Randwick Amnesty is seeking to amend these restrictions allowing local community organisations to take part in community sponsorship, easing the pressure on the current system.

 

Randwick Amnesty is seeking the support of local community organisations, including Council to raise awareness of the new initiative ‘My New Neighbour’. Randwick Amnesty will be working with the Eastern Suburbs Amnesty group to contact adjoining councils, as well as State and Federal Members of Parliament.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

On the basis that council is a leader in local government and the community, I seek the support of my fellow Councillors to applaud and support our local Amnesty group in promoting their community sponsorship initiative.

 

 

Recommendation

 

That Council:

 

a)     Is a community that welcomes refugees

 

b)     Supports the work associated with the ‘My New Neighbour’ community sponsorship program

 

c)     Calls on the Federal Government to improve and expand the community sponsorship program to ensure the program:

§ Does not take from others in need

§ Provides adequate support and services

§ Limits the costs on sponsors

§ Allows community, family and businesses to act as sponsors and;

§ Creates more places for people in need of protection to settle in Australia

 

d)     Write to local State and Federal MPs informing them of the work that Randwick Amnesty undertakes in seeking the improvement and expansion of the current program

 

e)     Applaud Randwick Amnesty in their work in the local community.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM32/18

 

Subject:             Public Library Funding

Folder No:                   F2014/00566

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

According to Local Government NSW (LGNSW), New South Wales has the lowest State Government funding of public libraries in Australia.  In the 2018-2019 State budget funding has been reduced by 18 percent ($23.5 Million in 2018-19 compared with $28.8 Million in 2017-18).

 

Public libraries are essential in providing inclusive public spaces which serve the informational, cultural and digital needs of the community. Randwick City Library’s usage figures demonstrate the key role it plays in our community, with 61,704 members, borrowing 863,650 books, magazines, audio visual and online material annually.  In 2016-17 615,527 people visited the three libraries to borrow items, find information, use the free Wi-Fi, PCs, or attend one of the 2,155 events and activities.

 

Issues

 

The New South Wales Government already places a heavy burden on local governments to subsidise Public Library services. The proposed New South Wales Government budget for public libraries is the lowest since 1999-2000, effectively setting funding at levels of almost twenty years ago.

 

Public libraries are providing essential services to the community and that the demands on libraries have grown in the past twenty years, from book lending services to community learning spaces, while State Government funding has been almost static. As the role and use of libraries has expanded, so should the budget have increased to accommodate those community driven changes.

 

The New South Wales Government’s expert panel, the Library Council of New South Wales, recommended an increase in public library funding for 2018-2019.

 

Financial impact statement

 

The 2017-2018 New South Wales Government subsidy administered by State Library of New South Wales to Randwick City Council was $272,705 with additional Special Purpose Grant funding of $89,991.

 

The 2018-2019 subsidy grants have not yet been released, however it is likely that the subsidy will be less than it was for the previous financial year.

 

 

Conclusion

 

The State Government has a responsibility to support the public libraries that in turn support our local communities in education, literacy and community engagement. However, the State Government’s budget for 2018-2019 shows a lack of such support for the taxpayers of New South Wales and our local communities.  Reduced services for residents is the likely outcome as councils are made to shoulder even more of the burden of public library funding, especially in regional New South Wales. Public libraries in reality need increased funding to meet the growing needs of the communities they serve.

 

 

Recommendation

 

That Council endorse the Local Government NSW and NSWPLA public library funding campaign initiative.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM33/18

 

Subject:             Passing of Former Mayor of Randwick City Council - John Buchanan

Folder No:                   F2005/00266

Author:                   The Mayor, Cr Lindsay Shurey     

 

Introduction

 

It is with great sadness that I inform Council of the passing of former Mayor of Randwick City Council, John Buchanan earlier this week.

 

Issues

 

A passionate voice for his community, John Buchanan was first elected to Council in 1980 and served our City with great passion and distinction up until his retirement from Council in 2000. He served two terms as Mayor in 1983-1984 and again from 1991-1992.

 

With a Master of Engineering in Chemical Engineering and a PhD in Chemistry Engineering, John served as the Senior Lecturer in Chemical Engineering at the University of New South Wales from 1960 through to 1989. John was also an Independent candidate for North Ward, where he was a foundation member of the Randwick Residents’ Action Group and went on to work closely with our precinct committees.

 

In retirement, John remained passionate about his local community and was outspoken on planning issues that he felt were not best for Randwick.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Given his passion for the local community throughout his life and in consultation with the family, it is fitting that the playground next to the Coogee East Ward Senior Citizens Centre be named after former Mayor, John Buchanan.

 

Recommendation

 

(a)    That Council sends its condolences to the Buchanan family on the passing of former Mayor John Buchanan; and

 

(b)    The playground and surrounding area next to the Coogee East Ward Senior Citizens Centre be named after our former Mayor John Buchanan.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     26 June 2018

 

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Mayoral Minute No. MM34/18

 

Subject:             South Sydney Rabbitohs' Request for Council Assistance to Commemorate John Sutton Historic Milestone

Folder No:                   F2010/00282

Author:                   The Mayor, Cr Lindsay Shurey      

 

Introduction

 

To celebrate John Sutton’s milestone of being the first player in history to play 300 NRL games for the South Sydney Rabbitohs, the Club has approached Council for assistance to enable a mural of John to be painted in a prominent position in his home suburb of Maroubra in time for the milestone, which he is scheduled to be played on Saturday 21 July, 2018.

 

Issues

 

John Sutton is a Maroubra local, having grown up at Maroubra Beach. He still surfs at Maroubra on an almost daily basis and his standing within the local community is unquestioned.

 

John has become a fantastic role model for the young people of not only Maroubra, but of the South Sydney district as a whole. He has worked hard throughout his career to extract the most from his footballing talent to achieve great things. He supports Souths Juniors by helping coach the junior representative South Sydney teams, and is an advocate for the work of Souths Cares, the charitable arm of the South Sydney Rabbitohs.

 

John’s greatest on-field achievement was being the Club’s captain and main leader in its 21st premiership victory over the Bulldogs in October 2014. The iconic photo of John holding the NRL premiership trophy over his head is something that inspires everyone connected with the Rabbitohs and would be a great centrepiece for a mural in his home suburb.

 

The South Sydney Rabbitohs will manage the project including commissioning the artist, liaising with media for the unveiling and promotional opportunities as well as amplification through the Clubs digital platforms. Council’s assistance will of course be acknowledged at all times.

 

Financial impact statement

 

It is proposed that Council will waive any fees usually associated with such a project and will contribute $2,000.00 towards the cost of the artwork.

 

Conclusion

 

This mural would be a fitting tribute from both the Rabbitohs and Council to celebrate the achievements of one of our home grown heroes. It will become a tourist attraction for South Sydney Rabbitohs supporters and will be a symbol of inspiration for the youth of the Maroubra and South Sydney areas. This project is of course dependent upon a suitable location being found to undertake this artwork.

 

 

Recommendation

 

That Randwick Council give it’s in-principle support for the John Sutton mural project, subject to a suitable location being found, by waiving any fees usually associated with such a project and contributing$2,000.00 towards the cost of the artwork.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                     26 June 2018

 

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Director City Planning Report No. CP28/18

 

Subject:             Post Exhibition - Planning Proposal to Amend Subdivision Provisions for Attached Dual Occupancies

Folder No:                   F2018/00207

Author:                   Elena  Sliogeris, Senior Environmental Planning Officer - Strategic Planning; Ting Xu, Senior Strategic Planner     

 

Introduction

 

A Planning Proposal seeking to amend the minimum subdivision lot size for attached dual occupancy development approved prior to 6 July 2018 in the R2 Low Density Residential zone under Randwick Local Environmental Plan (RLEP) 2012 was placed on public exhibition from 22 May to 19 June 2018. This Planning Proposal is in response to concerns raised by some community members who are experiencing financial hardship due to banks tightening lending criteria to company titled dual occupancies.

 

During the exhibition period, the Council received 245 submissions, close to 90% of which were in support of the proposed LEP amendment.

 

This report considers the submissions received and recommends that the Council endorse the attached Planning Proposal (Attachment 1), as exhibited, and exercise its delegation under s3.36 of the Environmental Planning and Assessment Act 1979 (EP&A Act) to finalise the amendment to the RLEP 2012.

 

Background

 

The Council has undertaken a comprehensive review of the minimum subdivision lot size standards in the RLEP 2012. As part of this review, the Council carried out an extensive eight week consultation program from March to May 2018 on this important issue. The outcomes of this consultation is being considered in a separate report and has informed the subject Planning Proposal.

 

On 6 April 2018, the Minister for Planning announced that the new Low Rise Medium Density Code (the Code) would commence on 6 July 2018. The Code will enable a range of medium density housing forms (including dual occupancies) to be built and subdivided as complying development. However, it does not apply to existing development.

 

In response, the Council called an Extraordinary meeting on 17 April 2018 to discuss the implications of the Code to Council’s minimum lot size review; and subsequently resolved that Council:

 

a)  amend the provisions under Randwick LEP 2012 in relation to the minimum subdivision lot size and attached dual occupancy development in the R2 Low Density Residential zone to allow for dual occupancy development in the R2 Low Density Residential zone that was approved prior to 6 July 2018 to be subdivided in accordance with the relevant standards contained in the Low Rise Medium Density Code;

b)  prepare a draft planning proposal to be forwarded to the Greater Sydney Commission or its delegate requesting ‘Gateway Determination’ under section 3.34 of the Environmental Planning and Assessment Act 1979;

c)  following ‘Gateway Determination’, exhibit the draft Planning Proposal in accordance with the conditions of the gateway determination and bring back a report to Council detailing the results of the community consultation for final consideration by Council;

d)  authorise the Director, City Planning to make minor typographical, grammatical or formatting changes to the documentation.

A Planning Proposal was prepared accordingly and submitted to the Department of Planning and Environment (DPE) on 26 April 2018.

 

The Gateway Determination was issued by the DPE on 10 May 2018 and was conditioned that prior to exhibition, the Planning Proposal should be amended to include a map showing properties that may be affected and an explanation of how land owners will need to prove that they have development consent for their dual occupancy development. The Planning Proposal was updated accordingly and placed on exhibition for 28 days from 22 May 2018.

 

Figure 1 below, summarises the process undertaken by the Council and outlines the key milestones and activities towards amending the RLEP 2012.

 

Public Exhibition Process

 

The planning proposal was exhibited in accordance with the community participation requirements as set out in the EP&A Act and Regulations. Consultation activities carried out during the exhibition period include:

 

·      Exhibition via Your Say Randwick website https://www.yoursayrandwick.com.au/LotSizeReview, including an online submission option,

·      Public notice in the Southern Courier, 22 May 2018, and

·      Direct mail out to property owners that may be potentially affected by the Planning Proposal

 

Attachment 2 provides a summary report of the consultation strategy and results to the consultation activities undertaken. In summary, there were 1233 unique visits to the dedicated Your Say Randwick webpage and 245 submissions (online and written submissions) received during the exhibition period. 86% of the submissions were in support of the proposed LEP amendment, 11% were not in support and 3% did not indicate a clear position.

 

Attachment 3 incudes a table of all submissions received and the Council officer’s response.

 

Consideration of submissions

 

Key points raised by those in favour of the Planning Proposal are:

 

·      support for subdivision of existing dual occupancies as these properties are approved to be built, unable to be sold/financed due to restriction in bank lending criteria, and would not cause additional impact on traffic, on-street parking, residential amenity and streetscape character;

·      support for dual occupancy development which contributes to the overall housing supply and housing diversity, provides a balance between affordability

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


                                             Figure 1 The Planning Process

and lifestyle (i.e. with a backyard) and has less impact on the surrounding built environment and local infrastructure than high-rise development; and

·      smaller lot sizes required to address the need of young families and residents seeking to downsize.

 

Council officer’s response

Many submissions stressed the importance of dual occupancies as a form of housing diversity, providing an alternative to high density residential development and a more ‘affordable housing’ choice to single dwellings. They also raised that the dual occupancies have been approved and built and should be able to be subdivided, particularly given the company title issue. As a result, the exhibited Planning Proposal retrospectively proposes to allow the subdivision of existing attached dual occupancies (with a valid development consent issued before 6 July 2018).

 

The Greater Sydney Commission’s district plans requires that all councils prepare a Local Housing Strategy to demonstrate how the local government area will meet projected population growth and need to 2036. A five year housing target for Randwick City of 2,250 new dwellings has been set to 2021, which the Council is on track to meet. A longer-term target is to be informed by the local housing strategy.

 

The Council recognises that dual occupancy development is an important contributor to housing diversity, which will be considered and reflected in Council’s Local Housing Strategy. Any future review of the minimum lot size and other applicable development standards for new dual occupancy development will also be included in Council’s work towards the housing strategy.

 

Key issues raised in objection to the Planning Proposal include:

 

·      The main concerns were centred around increased density and issues relating to on-street parking, traffic congestion, loss of local character, lack of landscaped area, and growing pressure on local infrastructure;

·      Changes in bank lending criteria which affect a small number of residents should not be the driver for review of planning controls. These property owners affected by the changed bank rules were aware of the restrictions on company title when they purchased the properties;

·      A number of submissions questioned why Council introduces a LEP amendment based on provisions in the Code but seeks to defer the implementation (or possibly an exemption) of the Code; and 

·      Some suggested that the Planning Proposal be amended to apply to dual occupancies approved prior to the new commencement date of the Code should a freeze of the Code is placed for Randwick City.

 

Council officer’s response

 

Many submissions raised concerns that the Planning Proposal would result in additional density. In response, it is important to clarify that the Planning Proposal only applies to existing and approved dual occupancies, and as a result would not cause additional impact on residential amenity and local street character. The concerns raised about reduced minimum lot size controls and associated impacts (e.g. impacts on parking, traffic, lack of green spaces and pressure on local infrastructure) will be considered when the Council reviews its planning controls for new development (including minimum lot size) in preparation of the Local Housing Strategy. The Local Housing Strategy will identify areas that may accommodate additional housing growth to meet projected population growth, that is importantly, supported by existing and/or planned infrastructure and services.

 

In relation to the submissions which questioned the inclusion of the date of ‘6 July 2018’ (especially since the Council has formally requested a deferment to the Code), the primary objective of the Planning Proposal is to address concerns associated with the existing attached dual occupancies under company title.

 

For new attached dual occupancy development after this date, the Council needs to take a precautionary approach and comprehensively review all of the associated development standards (contained in both the RLEP 2012 and Development Control Plan) that would apply if the minimum subdivision lot size provisions for new attached dual occupancy development change. This would include frontage widths, floor space ratio controls, landscaping, setbacks etc and would be undertaken as part of Council’s Local Housing Strategy and subsequent LEP review.

 

While the Council has formally requested to the Minister for Planning a deferment to the Code, the Council is yet to receive a response from the Minister to its request. Should the Council be successful in its request for a deferment, this will allow the Council the opportunity to undertake its Local Housing Strategy to better inform where housing growth should be located and review its residential development standards. This holistic approach would allow greater opportunities for engagement with the community on a city wide basis. It is also appropriate in the circumstances that Council continues to strictly apply the minimum lot size standards in its R2 zone post 6 July 2018 to ensure that there is not a proliferation of attached dual occupancy development whilst the Council is preparing its Local Housing Strategy.

 

Recommendations in finalising the planning proposal

 

The majority of submissions received were in support of the planning proposal. Given the community support received to date, it is recommended that the planning proposal proceed to finalisation. However, in the Council’s instructions to the DPE and Parliamentary Counsel in finalising the planning proposal, two key matters need to be clarified in the legal drafting of the provision.

 

They are:

1.  That Clause 4.6 of the RLEP 2012 should apply as there may be circumstances (e.g. due to particular/unique site constraints) where variation to the LEP provisions could be appropriately sought; and

2.  That strata subdivision be permissible for attached dual occupancies where they are one above the other. The planning proposal has intended that strata subdivision should apply in such circumstances, however it may not be clear in the explanation of provisions.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:

Excellence in Urban Design and Development

Direction 4b:

New and existing development is managed by a robust framework

Outcome 6:

A liveable City

Direction 6d:

A strategic land use framework provides for our lifestyle changes and for a continuing, yet low rate of growth across our City

Direction 6e:

Enhance housing diversity, accessibility and adaptability to support our diverse community

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

 

Conclusion

 

Since November 2017, a comprehensive planning review process has been undertaken in relation to the minimum subdivision standards in the RLEP 2012. Informed by two rounds of community consultation, the planning process has resulted in a Planning Proposal to amend the LEP subdivision provisions for existing and approved dual occupancies (with a valid consent issued before 6 July 2018). The Council has received considerable support for the Planning Proposal.

 

Any future review of the planning controls including minimum lot size for new development will be informed by Council’s Local Housing Strategy which will be a product of extensive community consultation.

 

 

Recommendation

 

That:

a)  Council endorse the Planning Proposal to amend the minimum subdivision lot size for attached dual occupancy development approved prior to 6 July 2018  in the R2 Low Density Residential Zone as exhibited (in Attachment 1);

 

b)  Council exercise its delegation under s3.36 of the Environmental Planning and Assessment Act 1979 to make the Local Environmental Plan; and

 

c)  Council continues to strictly apply its current statutory minimum subdivision lot size standard in the R2 zone for development that is not subject to this Planning Proposal.

 

 

 

Attachment/s:

 

1.

Attachment 1 Planning Proposal

 

2.

Attachment 2 Community Consultation Report

 

3.

Attachment 3 Submissions Table

 

 

 

 


Attachment 1 Planning Proposal

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


Attachment 2 Community Consultation Report

Attachment 2

 

 


 


 


 


 


 


Attachment 3 Submissions Table

Attachment 3