Business Paper Ordinary Meeting - Blue Mountains City Council

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Business Paper Ordinary Meeting Venue: Via Remote Technology Meeting: 7.30pm 23 February, 2021

Transcript of Business Paper Ordinary Meeting - Blue Mountains City Council

Business Paper Ordinary Meeting

Venue: Via Remote Technology

Meeting: 7.30pm 23 February, 2021

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ORDINARY MEETING

23 FEBRUARY 2021

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 27 January 2021 Extraordinary Meeting held on 9 February

2021

DECLARATIONS OF INTEREST MINUTE BY MAYOR 1 11 Non-Use of 1080 Poison in the Blue

Mountains Local Government Area

REPORT(S) BY CHIEF EXECUTIVE

OFFICER

2 15 Bushfire Recovery Grant Funding

Enclosure x 1

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ITEM NO.

PAGE SUBJECT COMMENTS

PROVIDING GOOD GOVERNMENT 3 31 Six Month Delivery Program Progress Report

and Quarter 2 Budget Review Statement 2020-2021 Enclosure x 1

4 36 Progress Update on Enforceable Undertaking

between SafeWork NSW and Blue Mountains City Council Attachment x 1

5 45 2021 National General Assembly Delegates 6 48 Performance of Investments January 2021 LOOKING AFTER ENVIRONMENT 7 53 Illegal Dumping Strategy 2020-2025

Enclosure x 1

8 55 Bullaburra to Linden Floodplain Risk

Management Study and Plan – adoption Enclosure x 1

LOOKING AFTER PEOPLE 9 59 Feasibility Of Fencing The Whitton Park Dog

Off-Leash Area

10 62 Glenbrook Oval Carpark

11 65 Summary of Recommendations from the NSW Independent Bushfire Inquiry

12 78 Management of Gloria Park Pavilion - Results

of Public Notice

USING LAND

13 80 Planning Proposal for Blue Mountains LEP 2015 Draft Amendment 14 (Housekeeping Amendment - Mapping) Enclosure x 1

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ITEM NO.

PAGE SUBJECT COMMENTS

14 86 Updated Community Participation Plan for Adoption Enclosure x 1

15 90 Katoomba Civic Centre - Building Better

Regions 4 Enclosure x 1

MOVING AROUND

16 93 Local Traffic Committee Minutes - 8 December 2020 Enclosure x 1

NOTICES OF MOTION

17 109 Seeking improved design for the intersection at Kidman Street, Railway Street and the Great Western Highway in Blaxland

PRECIS OF SELECTED

CORRESPONDENCE

18 113 Precis of Selected Correspondence

Attachments x 7

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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].

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Acknowledgement of Country

The City of the Blue Mountains is located within the Country of the Dharug and Gundungurra peoples. The Blue Mountains City Council recognises that Dharug and Gundungurra Traditional Owners have a continuous and deep connection to their Country and that this is of great cultural significance to Aboriginal people, both locally and in the region.

For Dharug and Gundungurra People, Ngurra (Country) takes in everything within the physical, cultural and spiritual landscape - landforms, waters, air, trees, rocks, plants, animals, foods, medicines, minerals, stories and special places. It includes cultural practice, kinship, knowledge, songs, stories and art, as well as spiritual beings, and people: past, present and future.

Blue Mountains City Council pays respect to Elders past and present while recognising the strength, capacity and resilience of past and present Aboriginal and Torres Strait Islander people in the Blue Mountains region.

MINUTE BY MAYOR

MINUTE BY MAYOR Item 1, Ordinary Meeting, 23.02.21

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ITEM NO: 1 SUBJECT: NON-USE OF 1080 POISON IN THE BLUE MOUNTAINS LOCAL

GOVERNMENT AREA FILE NO: F13620 - 21/17060

Delivery Program Link Principal Activity: Looking After Environment Service: Natural Environment

Recommendations:

1. That the Council acknowledges the need to strategically control feral animal populations

to mitigate the negative impacts on wildlife, the environment, and local agriculture;

2. That the Council, notes the organisation presently does not use 1080 poison as part of

control techniques, bans the use of 1080 poison within its Council operations, and

encourages other agencies to do the same;

3. That the Council, in its development of its Vertebrate Pest Management Plan as an

outcome of the Local Strategic Planning Statement (Action 1.9), has as a critical

consideration animal ethics and humaneness in the selection of appropriate control

techniques; and

4. That the Council notes the Vertebrate Pest Management Plan will be informed by the

Mayoral Wildlife Reference Group's recommendations and developed in consultation

with the community, interested stakeholders, and partner agencies, including Greater

Sydney Local Land Service and the National Parks and Wildlife Service.

Mayoral Minute

Background provided by Councillor

Nil provided

Councillor comment on funding Nil provided

Operational response This Mayoral Minute is supported.

Briefing Councillors will be provided with a briefing on this Mayoral Minute which is anticipated in Quarter 3 in 2020/21.

Letters advocacy Action not required.

Advocacy Action not required.

MINUTE BY MAYOR Item 1, Ordinary Meeting, 23.02.21

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Discussion The Blue Mountains' unique wildlife continues to be under threat from the ongoing impact of feral animal predation and competition. This has been particularly evident post the 2019/20 Black Summer bushfire. An estimated 68% of the Greater Blue Mountains World Heritage Area (GBMWHA) was burnt, and an estimated 123 million native animals were impacted. The need to strategically control feral animal populations to mitigate the ongoing negative impacts on wildlife, the environment, and local agriculture is clear. These necessary actions will support the long-term recovery and protection of native fauna (including threatened species) of the Blue Mountains. As part of the development of Council's Vertebrate Pest Management Plan as an outcome of the Local Strategic Planning Statement (Action 1.9), it is critical to consider animal ethics and control techniques' humaneness. These considerations should also address reservations relating to the use of 1080 poison, which will be given specific scrutiny due to concerns about its humaneness and its potentially indiscriminate nature if used inappropriately. Council does not and will not use 1080 poison before appropriate assessment as part of an endorsed Vertebrate Pest Management Plan. The plan will be informed by the Mayoral Wildlife Reference Group's recommendations and developed in consultation with the community, interested stakeholders, and specialist partner agencies, including Greater Sydney Local Land Service and the National Parks and Wildlife Service. Financial implications The recommendations in this Mayoral Minute are budgeted for in this financial year. For these reasons the Mayoral Minute is supported Programmed within the Operational Plan The recommendation(s) in this Mayoral Minute aligns to the following action in the Local Strategic Planning Statement, Medium Term Action 1.9 development of Vertebrate Pest Management Plan. Alignment with the Delivery Program The recommendations in this Mayoral Minute are aligned with the Key Direction Protect, the Objective 2.1 The condition, health, and diversity of native flora, fauna, habitat, ecosystems, waterways, water catchments, and groundwater are maintained and enhanced of the DP 2017-2021. Conclusion The Vertebrate Pest Management Plan informed by the Wildlife Recovery Mayoral Reference Group's recommendations and developed in consultation with the community, interested stakeholders, and partner agencies, including Greater Sydney Local Land Service and the National Parks and Wildlife Service, will develop an evidence based best practice strategic approach to Council’s management of vertebrate pests. Critical considerations in the selection of appropriate control techniques will include animal ethics and humaneness considerations. Council presently does not use 1080 poison as part of control techniques, bans the future use of 1080 poison within its Council operations, and encourages other agencies to do the same. This Mayoral Minute is supported.

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REPORTS BY CHIEF EXECUTIVE OFFICER

REPORT(S) BY CHIEF EXECUTIVE OFFICER Item 2, Ordinary Meeting, 23.02.21

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ITEM NO: 2 SUBJECT: BUSHFIRE RECOVERY GRANT FUNDING FILE NO: F13620 - 20/210226

Delivery Program Link Principal Activity: Looking After People Service: Community Development

Recommendations: 1. That the Council notes that funding of $1.46M from the Commonweath and $875,000

from the State Government has been received by the Council, as of January 2021, to support the recovery of the City of Blue Mountains from the 2019/20 bushfires;

2. That the Council notes the recovery projects delivered with the $1.3M Commonwealth Bushfire Recovery Fund;

3. That the Council notes the recovery projects delivered with the $250,000 NSW

Community Resilience and Economic Recovery Grant; 4. That the Council notes the Regional Tourism Bushfire Recovery Grant Stream 1 provided

by National Bushfire Recovery Agency of $19,016 supporting the delivery of the Wollemi Markets and Laneway activation project;

5. That the Council notes the Regional Tourism Bushfire Recovery Grant Stream 2 provided

by National Bushfire Recovery Agency of $145,000 enabling the installation of art in five Katoomba laneways;

6. That the Council notes that five grants totaling $155,000 were received from Greater

Sydney Local Land Services to deliver environmental recovery projects; 7. That the Council notes that a Resilience NSW funded Recovery Officer position has been

located within the Council for a 12 month period supported by $220,000 including operation project support;

8. That the Council notes that $250,000 has recently been secured from Resilience NSW

Community Recovery and Resilience Fund Stream 1 to fund further recovery projects; 9. That the Council notes that an application has been made to Resilience NSW Community

Recovery and Resilience Fund Stream 2; 10. That the Council notes that $177M worth of fast track projects have been funded by NSW

Government without a formal application process, and that unfortunately Blue Mountains did not receive any funding; and

11. That the Council notes that six applications have been made to the Local Bushfire

Economic Recovery Fund by Blue Mountains City Council, three partnership applications have been supported with other organisations and letters of support provided to four other organisations preparing applications.

REPORT(S) BY CHIEF EXECUTIVE OFFICER Item 2, Ordinary Meeting, 23.02.21

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Report by Chief Executive Officer

Reason for report

This report outlines the Council’s ongoing bushfire recovery efforts in response to the unprecedented bush fires that have devastated the nation and impacted the City of Blue Mountains since November 2019. This report outlines the recovery programs that have been enabled by grants in the twelve months post the fire event and the need for further funding support for community, environmental and economic recovery.

Background

Information was previously provided in relation to the proposed Projects and associated expenditure in the Council report presented at the 30 June Council Meeting titled Bushfire Recovery Action Plan Update – July to December 2020. The impact of the bushfires on properties within the City of Blue Mountains remains at:

22 homes destroyed, 10 damaged

13 facilities destroyed, 3 damaged

36 outbuildings destroyed, 30 damaged (sheds, garages, barns or structures that are not attached to the main residence)

122 impacted rural landholders The State Government contractors, Laing O’Rourke, have finished clearing sites registered with Service NSW. Clearance certificates have been issued from the Public Works Department to Council. The impact of the 2019/2020 fires continues to be significant on the local community, environment and economy of the City of Blue Mountains. The Blue Mountains community as a whole continues to be impacted having faced the threat of fire burning on three sides on the City for many weeks. The impact on the environment is extensive with the fires having destroyed 80% of the World Heritage Area and the recovery is ongoing. The economy continues to be significantly impacted from not only the bushfires but also from COVID-19. The results of the REMPLAN Bushfire Affectation report details a loss of over 2500 jobs and almost $560M loss in output for the region as a result of the bushfires. The economy had not recovered from bushfire impact when the COVID – 19 restrictions commenced and this has been extremely challenging for local businesses. The Blue Mountains City Council has to date received commitments of $2.3 million in financial assistance to support the recovery of the Blue Mountains and has submitted and partnered with community and industry groups on applications for a further $20 million to support the ongoing recovery needs of the Local Government Area. Report The Council continues to support our community on the recovery journey. The Council has directly provided resources to the recovery of the community and has worked to secure grant funding and deliver critical recovery projects and programs. The below report outlines the recovery programs that have been enabled by grants in the twelve months post the fire event.

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$1.3M Commonwealth Grant

This grant was received early in 2020 and has been fully expended as outlined below:

Category Recovery Action Plan Allocation

Actual Expenditure

Social & Community

Wellbeing

$258,000 $203,342

Waste, Environment,

Animals & Agriculture

$615,000 $576,371

Infrastructure $220,000 $295,798

Tourism, Local Business &

Economic Recovery

$207,000 $233,930

Totals $1,300,000 $1,309,441

This funding has enabled the delivery of the following recovery projects and programs. Social and Community Wellbeing Recovery Programs Communication and facilitating access to information is an important first step in recovery and a Recovery Manager and Support officer were engaged immediately to work with community to identify and address the recovery needs of the community. Council hosted Bushfire Community Meetings at Mt Tomah Botanic Gardens on Saturday 11 January 2020, and Megalong Valley Saturday 22 February, in conjunction with the Office of Emergency Management and relevant Government and non-government Agencies. These events were attended by agencies such as Public Works; EPA; Insurance Council of Australia; Local Land Services; Centrelink; Department of Human Services; NSW Small Business Commission; Service NSW as well as legal, health, counselling and housing advisors to provide information and support directly to people impacted by the fires. A Blue Mountains Bushfire Recovery Guide was developed to provide useful contacts to assist people to connect with the services they required. Council has been a key advocate for a regional response to the social wellbeing of the bushfire affected community, with the recommended appointment of Gateway’s “Step By Step” support service. Step By Step offers free support and information to individuals and households impacted by the bushfires across the Blue Mountains, Lithgow and Hawkesbury LGA's. Step by Step is delivered by a team of Bushfire Recovery Support Workers who are employed, managed by, and based in their respective agencies, while working collaboratively as a Step By Step team. Support Workers are trained local human services workers with skills in support work, case work or broader welfare work. There is a close liaison with Council to provide support work for the bushfire affected community. The variance between the initial plan, the actual expenditure and delayed community thank you event is due to COVID-19 restrictions. Council is committed to this community thank you event and whilst this funding stream has been expended, Council is planning to proceed with this event in October 2021. Waste, Environment, Animals and Agriculture Recovery Programs Whilst the State Government took responsibility and engaged a contractor to manage the state wide clean-up post fires for eligible properties, the recovery funding has enabled further support of residents managing the disposal of fire impacted waste.

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Council worked with EPA and neighbouring councils to identify suitable disposal points for a range of waste materials. Blue Mountains Waste Management Facilities are unsuitable for bulk contaminated wastes and alternate disposal facilities were identified in the region. Initially green waste disposal points were set up and additional kerbside chipping services were made available at Mt Wilson, Mt Tomah and Bell. The EPA applied a waste levy exemption for fire affected properties, which has since been extended until June 2021. Council passed on the levy exemption and waived the Council component of the fees offering free disposal of fire affected waste for all properties that were bushfire impacted and eligible for the EPA levy exemption acknowledging that free disposal, at Blue Mountains Waste Facilities, is limited to uncontaminated minor site bushfire clean-up waste, which includes green waste. The impact the fire has had on properties and the need to provide green waste and weed disposal support as the land recovers is recognised and free disposal of green waste and weeds continues for properties identified by the EPA as eligible for the waste levy exemption at the Katoomba and Blaxland Waste Management Facilities until June 2021. Council tree officers assessed approximately 1,200 trees along roadways within the fire affected communities for removal or pruning to ensure the safe use of the roadway by the community. Initially, the management of removal of fire affected trees in public areas was achieved with working with Australian Defence Forces (ADF). This was a collaborative work program involving Natural Areas, Emergency and Bushfire Management, Environment and Landscape staff working together with the ADF and local contractors, removing dangerous fire affected trees on public land in the following areas:

Mount York Rd, Mount Victoria

Victoria Falls Rd, Mt Victoria

Evans Lookout Rd, Blackheath

Bettington Rd, Blackheath

Godson Ave, Blackheath

Ridgewell St, Blackheath

Pulpit Rock Rd, Blackheath

Hat Hill Rd, Blackheath

Mount Hay Rd, Leura

Sandham Rd, Bell

Hartley Vale Road, Hartley Vale

Mount Wilson

Mount Irvine

Mount Tomah

Kings Tableland Road

Due to this collaboration, Council was able to reopen the roadway for the commencement of the 2020 Nut Festival at Mt Tomah along with a number of other local roads for use by the community. Following the removal of dangerous trees on public land it became evident that dangerous trees on private land were in some cases ineligible under the State Government Clean up criteria. Dangerous and damaged trees identified on bushfire damaged private land that posed a public safety risk were assessed by Council staff. Council undertook to engage qualified contractors to remove the assessed dangerous trees on private land. There was a re-focus of the environment works program to address catchment protection and water quality issues in fire affected areas. The aquatic monitoring team undertook targeted post bushfire stream monitoring of fire affected catchments around Mount Wilson, Mt Victoria and Blackheath. In addition, post fire stormwater treatment systems were

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installed in Bell, Mt Victoria and Blackheath to mitigate the impacts of fire affected catchments in upper mountain waterways. The Council, in partnership with Greater Sydney Local Land, the Blue Mountains Conservation Society and local vets, is delivering a program aimed at helping urban landholders in the Blue Mountains control foxes in their own backyards, and reduce predation on fire-affected wildlife. The program is engaging with community members in fire-affected areas between Woodford and Mt Victoria in cage trapping of foxes. In conjunction with the University of Sydney, 8 remote surveillance cameras were purchased to undertake research into post fire impacts from vertebrate predators such as foxes and cats. Residents were able to loan a cage trap, a monitoring camera and to access training from experts on how to most effectively, safely and humanely use them to catch foxes in the area. The program strictly adhered to national standard operating procedures and guidelines to ensure the ethical and humane considerations of animals when using traps.

The Council has also undertaken environmental works in fire impacted areas. Geotechnical assessment and stabilisation work at recreational and commercial climbing sites at Mt York have been undertaken. Works have been undertaken on the restoration of stairs and track surfaces that support commercial operations such as climbing at Mt York conservation reserve. Soil erosion control works have also been completed with the application of soil conservation measures utilising coir logs and netting to limit soil erosion and protect seed banks to assist regeneration. Infrastructure Projects and Recovery Programs Significant infrastructure was damaged after the bushfires and Council has remediated the following areas:

Guardrail replacement, shoulder maintenance and drainage works

Blackheath – sweeping in Hat Hill Road - complete

Installation of Road Signs - complete

Landslip work in Megalong - complete

Replacement of guide posts - complete

Road restoration (heavy patch) at Mt Wilson - complete Fire impacted Asbestos Containing Material (ACM) has been removed from Mt York, Hat Hill Rd, Blackheath and Mt Victoria. A number of ACM drainage pipes were identified across the bushfire-affected ground such as Popes Glen Walk, Blackheath. These pipes were on the ACM Register and had been treated and sign posted and were approved to remain in-situ. These pipes were within the burn area of the Grose Valley Fire. They were heat damaged and converted to a more hazardous friable state. The drains were replaced with a stone cross drains that are easier to maintain and are considered bushfire proof. Tourism, Local Business & Economic Recovery Programs Council has been engaging with the business community after the bushfires and encouraging business owners to complete the Remplan Bushfire Impact survey to quantify the impacts of Bushfires October 2019 - early 2020. 303 respondents provided significant data. Using this data BMCC lobbied Service NSW and the State government on the inadequacy of grant funding which was designed only for “flame affected” or “torched” businesses. The survey data demonstrated the deep and widespread impact on local business and tourism beyond flame affected areas. As a result of Council’s lobbying, along with Chambers and with other LGAs, the State Government introduced a new $10K grant for businesses that were “indirectly affected”. Many Blue Mountains businesses have received this grant funding. The results of the REMPLAN Bushfire Affectation report details a loss of over 2500 jobs and

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almost $560M loss in output for the region as a result of the recent bushfires. Over 300 Blue Mountains businesses participated, with great representation from the tourist based businesses (including outdoor adventure operators). Council developed and implemented a local economy and business recovery program including:

Subsidised commercial property rents (in Council-owned premises) & footpath dining fees;

Love Local campaign – to encourage locals to support local businesses;

A series of Live and Local events providing local employment and attracting visitors back to the area; and

A range of other business supported initiatives including pop up support/information services.

Our 12 month Love Local campaign launched in early 2020 to support local businesses and encourage Blue Mountains residents to ‘shop, play and stay’ local, reached more than 3.2 million people overall. Videos shared on social media were watched 42,500 times and printed advertisements and advertorials reach 1.64 million people. The Love Local campaign was implemented in phases:

Phase 1 of the Love Local campaign promoted villages/towns ‘In Focus’ each month. Blackheath, Megalong Valley, Katoomba, Medlow Bath, Mount Victoria and Leura were promoted between February and May 2020.

Phase 2 of the Love Local campaign was the establishment of a Love Local Business Directory, to promote how businesses had changed their services recently. An enthusiastic uptake saw over 175 local businesses register to be listed on this free service. The directory is being maintained by Council’s Visitor Information Centre staff.

Phase 3 of the Love Local campaign was the launch of the Love Local Live on 15 June 2020. This component of the campaign was a six-part series where some of the Blue Mountains’ best musicians were showcased. This component was added to the campaign to support the local creative community, many of whom were hit particularly hard during the COVID-19 pandemic.

Phase 4 Love Local lessons was developed as an alternative to face-to-face town activations adapting to the COVID-19 restrictions. These sessions provided local residents an opportunity to connect and celebrate local talent as they provided education sessions all with the focus of connecting the community through unprecedented times.

A new Business eNewsletter was also launched in May 2020 to assist Blue Mountains businesses. It promotes the latest in grant assistance, free business advice and relevant training (including Council’s own training). The first edition of the eNewsletter reached 6000+ businesses and referred them to Council’ website for useful information. The $1.3M Commonwealth grant has been fully expended and provided immediate funding to enable Council to address immediate community needs and commence delivery of valuable recovery programs.

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$250,000 NSW Community Resilience and Economic Recovery Grant This grant was received on 4 February 2020 and has been fully expended as outlined in the table below.

Category Allocation Actual Expenditure

Social & Community Wellbeing –

Community Grants Program

$50,000 $50,000

Tourism, Local Business &

Economic Recovery - Destination

Marketing Campaign

$100,000 $100,000

Tourism, Local Business &

Economic Recovery -

Commercial Tour Operators

Assistance Scheme

$100,000 $100,000

Totals $250,000 $250,000

This funding enabled the delivery of the following valuable recovery projects. Social and Community Wellbeing Community Grants Program Council coordinated the establishment of a local Health & Wellbeing sub-committee, led by the Mountains Community Resource Network. This group brings together many local community and support organisations who collectively work to address emerging needs and connect people. This group met weekly in February, March and April to assess the local needs of the bushfire affected community and to administer a small grant program for community-led recovery projects, services and events. The local Health and Wellbeing Sub-Committee Members include the following organisations: Mountains Community Resource Network; ACRC; RFS; Thrive Family Services; Rotary Club of Blackheath; Salvation Army; CYMHS; NBMLHD; CatholicCare Social Services; Blue Mountains Women’s Health Resources Committee; Belong Blue Mountains; Wentworth Healthcare; Lions; Gateway Family Services; Minister’s Association Upper Mountains; Mountains Outreach Community Services; MYST; BANC; Red Cross; The Big Fix; NSW Health; Department Of Communities & Justice; Springwood Neighbourhood Centre; Winmalee Neighbourhood Centre; Department of Education; Rural Adversity Mental Health Program; and NSW Health. The Community Recovery Grants Assistance Program with the assistance of the Blue Mountains Health and Wellbeing sub-committee administered 20 local grants. The grants ranging from $150 - $5,000 were given to local community organisations, businesses and individuals that submitted applications for Bushfire Recovery initiatives. These grants covered costs such as hall hire, events and programs such as yoga, catering and bushfire community preparation - Get Ready events across the Blue Mountains from Winmalee through to Mt Wilson, Mt Tomah, Bell and Berrambing. Tourism, Local Business & Economic Recovery – Destination Marketing Campaign Council has been working with National Parks and Wildlife and Blue Mountains Tourism Association on a Destination Marketing Campaign aimed at encouraging Sydney siders to come back and visit the Blue Mountains. As part of this campaign, a positioning statement that differentiates the Blue Mountains from other regions was developed. The Destination campaign whilst held back due to COVID-19 has recently launched as a social media based

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campaign showing the key experiences the Blue Mountains has to offer and messaged that the Blue Mountains are open for visitors and will continue through to Easter 2021. Tourism, Local Business & Economic Recovery – Commercial Tourism Operators A project has been developed with the local Commercial Tourism Operators (CTO) to undertake commercial activities on Council managed land. The CTO are licensed under Council’s Eco-tourism Licensing Scheme and pay a license and usage fee. The bushfires have impacted a number of key sites used by the CTO and these will be closed for an extended period. The fires and COVID-19 have also resulted in a marked reduction in business and tourism numbers are depressed. The CTO rely heavily on a shared, casual pool of qualified guides that have experienced significantly reduced employment as a result of the tourism downturn. There is a genuine risk the guides will change location or vocation if employment with the CTO is not available. Loss of the labour pool will impede future recovery of the industry when the market recovers. The project has two outcomes - to provide economic support for the CTO and their employees and to provide training and develop skills in walking track management within the guide community in order to broaden the potential labour market available to Council and NPWS for future recruitment. This project contributed both employment and delivered improved visitor infrastructure including part contribution to a new pit toilet at Pulpit rock, Blackheath and tree removal, building demolition, track surface repair, soil conservation and temporary signage at Mt York. Regional Tourism Bushfire Recovery Grant – Stream 1 $19,016 This grant was received in May 2020 and has enabled the delivery of the Wollemi Artisan Markets and Laneway activation project. This grant has been fully expended. The Blue Mountains Wollemi Artisan Market and Laneway activation was comprised of a selection of cultural and creative events to encourage visitors to engage with the Blue Mountains Cultural Centre and the creative community that live and work in Katoomba. Due to COVID-19 restrictions, the original events, which aimed to draw large numbers of people to the area, were re-imagined in order to provide a unique but safe and socially distanced cultural experience for patrons. This was achieved by spacing out the existing schedule and offering a selection of in person and online events. Due to the occurrence of local COVID-19 cases in the week leading up to the outdoor Art & Design Market, this part of the project was delivered as a virtual market, offering the creative stallholders free advertising and encouraging local product sales via the Blue Mountains Cultural Centre website and social media platforms. Froma Lane, a pedestrian corridor linking the main street of Katoomba to the Cultural Centre steps was activated by five local street artists, who were engaged to do live painting sessions in the week leading up to and over the weekend. Over this time a series of short video interviews were filmed to allow people who were deemed high risk or in isolation access to the project. A series of gallery activities including artist talks, live-streamed gallery gigs by local musicians, and children’s workshops were held in person with limited capacities in place. This allowed the Blue Mountains Cultural Centre to expand our audience reach while fulfilling our obligations to the community as a Covid safe venue. This grant funding has been fully expended. Regional Tourism Bushfire Recovery Grant – Stream 2 $145,000 This funding was received in July 2020 to deliver the Living Laneways project which was launched through an Expression of Interest process launched 1 February 2021. This project will revitalise laneways in Katoomba with the installation of art in five laneways. Blue Mountains is the inaugural City of the Arts and this project demonstrates and builds upon the unique point of difference in our town and artist community. It is anticipated that the laneway art installations will appeal to both locals and visitors. The expression of interest

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process is seeking to engage local Blue Mountains and Western Sydney artists to make submission, providing employment within the Arts sector while showcasing our local talent. The art will be installed in Davies Lane, Studleigh Place, Hapenny Lane, Penny Lane and Church Lane. Greater Sydney Local Land Services - $155,000 Five grants were received in May and August 2020, from the Greater Sydney Local Land Services for the following projects:

Environmental Bushfire Recovery Measures

Fox Control Upper Mountains

Managing erosion and weeds in the Hathill Creek Catchment for bushfire recovery

Managing erosion and weeds at Mt Wilson, Mt Irvine, Berambing and Mt Tomah for bushfire recovery

Managing erosion and weeds in Mt York and Hartley Vale for bushfire recovery Resilience NSW funded Community Recovery Officers (CROs) – Funding up to $220,000 The Resilience Officer commenced with Council on 17 August 2020 for a period of 12 months. Resilience NSW have funded 22 Community Recovery Officers in the most significantly fire affected LGAs across NSW. These Officers have been embedded in and managed by Councils to support their community to identify needs, develop local recovery programs, assist in accessing information and resources and provide leadership and community capacity building. Blue Mountains City Council received this funding (up to $220,000 – with $150,000 for employee related expenses and $70,000 for operating expenses). Resilience NSW Community Recovery and Resilience Fund Stream 1 - $250,000 Blue Mountains City Council has been successful in recently securing a further $250,000 grant from Resilience NSW. This funding was received 13 January 2021. The Bushfire Community Recovery and Resilience Fund (BCRRF) Stream 1 has been secured for the following projects:

1. Community Grants Assistance Program - $100,000 The community assistance grants program will fund community led recovery programs. There will be an advertised application process to allocate the project funds. The applications will be assessed by the Health and Wellbeing sub-committee, led by Mountains Community Resource Network.

2. Regional Destination NSW #LoveNSW Tourism Bushfire Recovery Marketing Program - $70,000

Participation in the regional Destination NSW #LoveNSW Tourism Bushfire Recovery Marketing Program requires Council to capture the outcomes of the program and report on them. Specific campaign statistics with clear sets of key indicators will be in place for this program of work.

3. Town Activation program including & beyond the regional centres of Katoomba and Springwood - $50,000

The Love Local Town Activation Program will bring the communities back together and encourage vulnerable groups to participate in local events and recovery initiatives. The

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community identified needs will be measured to make sure the programs are meeting the local requirements and help with recovery and resilience.

4. Festival of Resilience - $30,000 The Festival of Resilience will be led by an emerging community-led Network, Resilient Blue Mountains and will engage more people in resilience activities and behaviours. The program of events and the Festival of Resilience will engage with local communities to showcase and develop their own resilient activities and programs. The events and programs will be measured to ensure the local community are engaging, learning, developing, participating and feeling stronger in their overall resilience. Applications to Bushfire Recovery Grant programs that have not yet been determined The Council has submitted applications into two further funding rounds as outlined below. The applications, if successful, would deliver significant community, economic and environmental recovery projects in the Blue Mountains. Resilience NSW Community Recovery and Resilience Fund Stream 2 – still under assessment Stream 2 provides grants for community groups, Councils, joint organisations, NGOs, and not-for-profits in the local government areas that were disaster-declared during the 2019-20 bushfires to fund social recovery and preparedness projects. Applications closed 11 December 2020. Council has submitted an application to improve Councils emergency preparedness and capacity to support emergency service. The submission includes the purchase of equipment for the Emergency Operations Centre, the purchase of radio communications network infrastructure, the purchase of GPS Units and vehicle radio installation.

Bushfire Local Economic Recovery (BLER) Fund Jointly funded by the Australian and NSW Governments, this package will support social and economic recovery in regional communities most affected by the 2019 -2020 bushfires. The Bushfire Local Economic Recovery Fund will support projects that retain and create new jobs in regional areas, build resilience and increase preparedness for future bushfire seasons. The Blue Mountains City Council is one of 47 Councils eligible for this recovery fund. Bushfire Local Economic Recovery (BLER) Fund Stage 1 – Fast Tracked Projects In July 2020 the Council was contacted by the NSW State Government (Regional NSW and Resilience NSW) in relation to the types of bushfire recovery projects that Council had that were shovel ready. The Council was informed that there might be up to $270M available from Commonwealth and State Governments. There were no specific criteria or required levels of funding provided, nor any indication that some projects would be fast tracked. In response to this request, rather than just provide a list of projects, the Council compiled and submitted a comprehensive funding request package in July 2020 (see Enclosure 1). The package requested a total of $5.45M for 23 shovel ready projects that would support critically required environmental, economic and social recovery. For each project funding request the following details were provided:

Project Title

Description of Project

Project Benefits

Amount of Funding Required

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Delivery Timeframe

Demonstrated Support

Approvals Required In November 2020 the Commonwealth and State Governments announced allocation of $177M in funding for 71 “fast tracked” projects in NSW ahead of any formal funding application process (with clear criteria and guidelines). Unfortunately Blue Mountains City Council did not receive any of this funding to assist the recovery of the City. Bushfire Local Economic Recovery (BLER) Fund Stage 2 The Bushfire Local Economic Recovery Fund Stage 2 will provide $250 million of further funding to support the social, economic and environmental recovery of communities affected by bushfire in 47 regional NSW Local Government Areas. The fund will support projects that retain and create new jobs in regional areas, build resilience and increase preparedness for

future bushfire seasons. Applications closed 28 January 2021.

Council Applications Council has submitted six key projects for this Stage 2 funding round and has supported a number of key projects nominated by community and industry groups. The submission includes the following projects: 1. Katoomba Planetary Health Hub –$4.5 million This project supports creation of a Planetary Health Hub at Katoomba Cicivic Centre. It builds on existing partnerships Western Sydney University, Monash University and UNESCO, to incorporate a suite of community, commercial and special uses to transform the site located in the heart of Katoomba. Being surrounded by a World Heritage Area – and prone to natural disasters including bushfires - the Blue Mountains is well placed to establish a planetary health centre of research, learning, resilience, sustainable living and eco-tourism activities. Planetary Health is an emerging science that aims to provide a framework for us to reassess and adapt human practices to better support a healthy planet for current and future generations. The proposed centre will include a Planetary Health Hub in the centre of Katoomba (the focus of this grant application), an outlying research, learning and experiential lab/ parklands at the ex Katoomba golf course facility (recently purchased by the Council) and adjoining 30ha site and a trail linking the hub and outlying planetary health facilities. The Hub will provide a a dynamic eco-tourism learning attraction in the heart of Katoomba that directly links with the Blue Mountains Cultural Centre and World Heritage Interpretation Centre. It would support the activation and development of a business co-working space within the Katoomba Civic Centre, as well as a social enterprise and creative model of sustainable management of water, waste and energy. It would be a microcosm of Planetary Health where people are introduced to planetary health through co-working, art, indigenous culture, social connection and demonstrated sustainability and resilience initiatives. The project will create employment for an estimated 70 full time equivalent positions during development and 4 positions ongoing, with significant multiplier impact on the local economy. 2. Cliff Top Walk / Charles Darwin Walking Track Rehabilitation - $4M The Grand Cliff Top walk is a joint tourism initiative of Blue Mountains City Council and the NSW National Parks and Wildlife service to develop a world class 13.6km multi day walk providing spectacular views of the escarpment and Greater Blue Mountains World Heritage Area. The initiative seeks to drive nature-focused tourism by delivering greater accessibility to iconic Blue Mountains locations. The proposal is responsive to the demands for nature-

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based experiences and will act to stimulate village based services and business opportunities, providing economic and employment growth. This project will create employment for an estimated 12 full time equivalent positions during development and 65 full time equivalent positions ongoing. 3. Upper Mountains Tourism Infrastructure Projects - $814,000 This project will deliver much needed improvements to community facilities within the isolated communities of Mount Wilson, Mount Irvine and Mount Tomah to improve resilience to natural disasters, social wellbeing and supporting infrastructure. This project will deliver additional and alterations to Mount Wilson hall, supply and installation of new toilets at Founders Corner and Silva Plana, renew Mount Irvine community recreational court, and supply and install a much needed water tank at Mount Tomah. This project will improve resilience and preparedness for natural disasters in these isolated communities and provide infrastructure improvements that support tourism. 4. Blackheath Golf Club Dam – Bushfire Infrastructure Project - $500,000 The Blackheath Golf Course retention dam is part of the strategic fire-fighting infrastructure used in the Upper Blue Mountains, and was frequently used as a water source during the 2019-2020 bushfires. The existing golf course dam has capacity to store additional water that would otherwise overflow directly to the adjoining creek and impact the usability of the golf course. This project will involve the construction of a new drainage system to divert stormwater into the golf retention dam, significantly improving the dam’s capacity to resource firefighting activities, in the Upper Blue Mountains region. 5. Summerhayes Park Upgrade – Synthetic Playing Fields - $3,679,582 This project will provide new infrastructure, two synthetic playing fields, to improve the carrying capacity of two overused grassed sports fields at Summerhayes Park in Winmalee. The provision of sporting facilities will support additional recreational usage, summer competitions and training opportunities at an intensity that natural turf fields cannot achieve. The Winmalee community was significantly impacted, by the 2013 Bushfires and endured the psychological threat of approaching bushfire for a number of weeks in 2019/2020. This project will support community well-being and health and provide invaluable community connection opportunities. 6. Solar and Battery systems to provide off grid power – Key Council Facilities- $473,000 This project will build resilience and deliver economic recovery through the installation of solar panels and battery storage, with off grid capability across 10 childcare/preschool facilities. A further 11 buildings which host important community facing services will have solar installed. The work will utilise local trades to boost local economy whilst improving grid stability through renewable energy and battery storage. The off-grid capacity will deliver improved resilience to power outages in childcare facilities. Partnership applications with Community and Organisations Council has also partnered on three BLER Stage 2 applications with community and organisations. These include:

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Treeline Lurline The project’s vision is to place powerlines underground and upgrade the Lurline Street public domain to present the gateway to Echo Point as a people focused boulevard shaded by large trees. This project would restore and enhance this strategic gateway to Echo Point (the Blue Mountains’ pre-eminent tourist attraction and one of the most visited tourist sites in NSW). It would make a significant contribution to the economic recovery of the Blue Mountains following the devastating impact of last summer’s bushfires in the region and the ongoing economic impact of the current pandemic. The completion of this project will also leave an intergenerational legacy for the local community and visitors to the Blue Mountains. Blackheath Community Refuge Project This initiative focuses on the development of the Council’s Blackheath Community Centre as a Community Refuge in times of need. To support this it proposes infrastructure improvements including installation of 45kW roof top solar system with 66kW battery system, installation of 30 kWh reverse cycle ducted air conditioning systems, lighting upgrades, electrical upgrade within the centre, and insulation within the roof space and improving the sealing of doors and windows. The project will also deliver water related initiatives including installation of plumbed in water tank (60kL) and roof sprinkler system and associated pump to protect the building. Blue Mountains Tourism Revitalisation and Destination Management The initiative brings together a clear program that helps to lead the Blue Mountains Tourism sector in the coming period and beyond to recover and aid resilience of the community as a whole, not just the Tourism sector. Working in partnership, Blue Mountains Tourism and Blue Mountains City Council will deliver a whole of region approach to Destination Marketing, Destination Branding, Industry Communications, event and Industry leadership development. This approach helps to set the frameworks for success beyond the grant period and deliver longer term benefits region wide. Letters of Support Council has also provided letters of support to a number of community / organisations who were working to develop and submit BLER Stage 2 funding applications. These included:

Blue Mountains Cycling Safety Forum: River to Mountains Cycling Network

Lyttleton Stores Cooperative and its Farm it Forward Social Enterprise: Nurturing the Blue Mountains Recovery, Community Connection and Resilience

Blue Mountains World Heritage Institute: Supporting Development of an Integrated Community Education and Awareness Program

Blue Mountains Association of Cultural Organisations: Construction of Best Practice Storage Facility for Objects of Significant Heritage Value

Sustainability Assessment

Effects Positive Negative

Environmental The Commonwealth and State Government grant funding received to date has allowed the City of Blue Mountains to address many environmental initiatives with regards to bushfire recovery within the Local Government Area. However, more funding is critically required to support the environmental recovery process.

Nil

Social The Commonwealth and State Government grant funding received to date has empowered community led recovery initiatives with small grants to community groups and funding of a Community Recovery Officer. This contribution builds on and develops the capacity of local

Nil

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Effects Positive Negative

community organisations to provide local recovery activities and services. More funding however, is critically required to support the social/ community recovery process.

Economic The economic and tourism initiatives provided by the Commonwealth and State government grant funding received to date has supported local economic activity through the expenditure of funding in the Blue Mountains. More funding however, is critically required to support the economic recovery process – particularly in light of the additional impact of COVID-19 on the local economy including reduced tourism visitation.

Nil

Governance This report provides transparent reporting on bushfire recovery related grant funding received to date from the Commonwealth and State Governments.

Nil

Financial implications for the Council The Blue Mountains City Council has to date received commitments of $2.3 million in financial assistance to support the recovery of the Blue Mountains and has submitted and supported applications for a further $20 million plus to support the ongoing much needed environmental, economic and social recovery needs of the Local Government Area. Legal and risk management issues for the Council There are no legal and risk management issues. Conclusion Council will continue to provide support to our impacted communities and be a key point of communication as new Government announcements are made, services come online and additional sources of funding are released. Council will continue to attend, and be linked into, Regional Recovery efforts while focusing on the Local Recovery of Blue Mountains Communities and the surrounding Blue Mountains World Heritage Area that have been impacted physically, psychologically and economically. ATTACHMENTS/ENCLOSURES

1 BMCC NSW Local Economic Recovery Fund 21/30941 Enclosure

* * * * * * * * * *

OFFICERS REPORTS

PROVIDING GOOD GOVERNMENT Item 3, Ordinary Meeting, 23.02.21

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ITEM NO: 3 SUBJECT: SIX MONTH DELIVERY PROGRAM PROGRESS REPORT AND QUARTER

2 BUDGET REVIEW STATEMENT 2020-2021 FILE NO: F13620 - 20/272841

Delivery Program Link Principal Activity: Civic Leadership Service: Corporate Planning and Reporting

Recommendations: 1. That the Council endorses this report together with the enclosure Quarter 2 Report 2020-

2021; and 2. That the Council approves the variations of income and expenditure, as identified in

Enclosure 1.

Report by Director Strategy & Corporate Services: Reason for report The Council provides progress reports on implementing the Delivery Program and Operational Plan as follows:

Budget review statement (Quarters 1, 2 and 3);

Delivery Program progress report (6-monthly).

This report provides the legislatively required six month Delivery Program progress report (as at 31 December 2020) including the Budget Review Statement for Quarter 2 (the “Quarter 2 Report 2020-2021”), in accordance with Integrated Planning and Reporting requirements under the Local Government Act, 1993. Background The purpose of Quarterly / Six-Monthly Reports is to:

Meet legislative requirements (transparency and accountability);

Provide a practical assessment of how the Council is tracking overall – whether we are delivering against our annual commitments on time and within budget; and

Demonstrate results / achievements and to formally document any issues that arise that impact on service delivery commitments.

As well as providing a snapshot of achievements and issues for first six months of the year (July to December 2020), this Report presents a summary overview of performance for:

Major project milestones status;

Asset Works Program projects status; and

Operational Plan actions status. The separately provided Enclosure ‘Quarter 2 Report 2020-2021’ provides more detailed information on each of the above performance areas.

PROVIDING GOOD GOVERNMENT Item 3, Ordinary Meeting, 23.02.21

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Six-Month Delivery Program / Operational Plan Progress During this six month period Council has made good progress towards achieving against its commitments in the Delivery Program. This is despite disruption from the COVID-19 pandemic and continuing to address damage caused by weather events and the bushfire emergency from early in 2020. Council officers also supported the conclusion of the public inquiry. Overall, Council is still on track in delivering on its 2020-2021 commitments. Asset Works Program 92% of the Asset Works Program projects are on track as planned. The following table provides information on the overall 2020-2021 Asset Works Program funding and expenditure status as at 31 December 2020. It also details the percentage of projects on track as planned as at the end of Quarter 2. 2020-2021 Asset Works Program funding and expenditure status as at 31 December 2020

Original Budget

Revised Budget*

Actual*** On track**

Total 2020-2021 budget $30.1M $34.6M

Expenditure as at 31 December 2020 $10.3M $6.1M 92%

Percentage spent 30% 18%

New Projects – Major $11.1M $12.6M $2.1M 100%

New Projects – General $0.6M $0.7M $0.1M 75%

Upgrade Projects $6.2M $9.8M $2.1M 88%

Renewal Projects $6.8M $6.0M $0.7M 92%

Plant & Equipment $5.5M $5.5M $1.1M 100%

* Includes funding carried over from 2019-2020, recommended/ adopted variations and capital

funding for Major Projects. Plant & Equipment includes IT assets, and plant and equipment. ** Projects that have been rescheduled or withdrawn have been excluded from this calculation. *** Excludes $6.9M in committed funds following the completion of procurement activities and issuing

of contracts for construction works.

Major Projects 100% of Major Project milestones for 2020-2021 are on track as planned. Work is progressing with the majority of the expenditure to occur in the last six months of the year. Operational Plan Actions 97% of other Operational Plan actions are on track as planned. The Council committed to delivering 237 individual actions in 2020-2021. Of those, six (or 3%) were behind target, seven actions have been withdrawn or rescheduled. Seven actions were not due to commence in the first half year. The actions behind target were due to delays resulting from resourcing constraints but it is anticipated that the work will still be completed this financial year. The actions to be withdrawn or rescheduled are due to changes in delivery of planned work or resourcing constraints. Summary Quarter 2 Budget Position 2020-2021 The separately provided enclosure Quarter 2 Report 2020-2021 provides detailed information on the Quarter 2 Budget position. A summary of key highlights is presented below.

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Working Capital Result The following reconciliation illustrates the projected Working Capital position as at the 31 December 2020. The position has not changed during the quarter and remains at $1.7M which is within the optimal range of between $1.7M and $1.9M. Working Capital Position

$’000

Actual Working Capital Result– 1 July 2020 $896

Quarter 1 Movement 804

Quarter 2 Movement 0

Revised Estimated Working Capital Result – 30 June 2021 $1,700

Significant Variations The significant budget variations that occurred in this review period are summarised in the tables below and considered in more detail in the Enclosure “Quarter 2 Budget Review Statement 2020-2021”.

Significant Variations to AWP Budget 2020-2021 Favourable Unfavourable

$‘000 $‘000

Additional budget for completion of Pitt Park building replacement project funded from reserve

$110 -$110

Reduced budget due to re-scoping of Springwood Depot Refurbishment project transferred to reserve

$110 -$110

Additional budget for completion of Katoomba Falls Kiosk sewer works project funded from reserve

$150 -$150

Reduced budget for completion of Blackheath Tourist Park sewer works project transferred to reserve

$150 -$150

Additional grant income from National Stronger Regions Fund transferred to reserve

$835 -$835

New Katoomba Showground Grandstand refurbishment project funded by grant income

$348 -$348

Additional budget for St Johns Park Equipment replacement project funded by grant income

$50 -$50

Additional budget for unexpected asbestos remediation at Henderson Road funded from reserve

$377 -$377

Reduced budget for Road Reseal Program transferred to reserve

$377 -$377

Reduction in 2020-2021 budget for culvert replacement on Cliff Drive, Leura

$650 -$650

Gross Budget Variations as at Quarter 2 $3,157 -$3,157

NET TOTAL $0

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Significant Variations to Operational Budget 2020-2021 Favourable Unfavourable

$‘000 $‘000

Reduced income and transfer to reserve following Council resolution to waive sports user fees for Winter 2021

$41 -$41

Reduced legal and recovery costs following OLG directive to not levy interest on overdue rates up to 31 December 2020

$125 -$125

Additional budget for Community Engagement expenditure funded from reserve

$20 -$20

Additional budget to fund COVID-19 concierge positions in Customer Centre Service funded from reserve

$150 -$150

Safety & Wellbeing Incentive from State Cover $107

Reduced insurance premium $329

Additional budget for workers compensation adjustment payment funded from insurance adjustments and reserve

$1,448 -$1,884

Net income impact of COVID-19 on Visitor Centres, Commercial Rental and Caravan Parks funded by reserve

$199 -$199

Reduction of paid parking income due to COVID-19 $276 -$276

Gross Budget Variation as at Quarter 2 $2,695 -$2,695

NET TOTAL $0

Cash Flow The Council’s cash and investments position has decreased by $800K from a balance of $32.3 million at 30 September 2020 to a balance of $31.5 million at 31 December 2020. This decrease is in line with the expected cash position for this part of the financial year. Loan Position The Council’s outstanding loan balance as at 31 December 2020 was $22 million, incurred in previous years to fund major infrastructure critical to the ongoing community health, environmental protection, cultural and economic vitality and future sustainability of the City. Sustainability Assessment

Effects Positive Negative

Environmental The report highlights progress of environmental actions for the organisation and the City.

Nil

Social The report highlights progress of social actions for the organisation and the City.

Nil

Economic The report highlights progress of economic actions for the organisation and the City.

Nil

Governance The report provides transparent information to the community on how the Council is performing in delivering against its major projects, Asset Works Program and Operational Plan actions and on the financial position of the Council.

Nil

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Financial implications for the Council The optimum level of working capital for the Council has previously been identified in the range of $1.7 million to $1.9 million, which represents the industry standard to allow for stores and the provision of core debtors. The current working capital of $1.7 million is within the optimum range. Legal and risk management issues for the Council Nil External consultation Nil Conclusion The Council is performing satisfactorily in meeting its Six Month (July to December, 2020) service delivery commitments – including performance targets for Major Projects (100% on track), Asset Works Program (92% on track) and Operational Plan actions (97% on track). The Council’s ongoing response to the COVID-19 pandemic and residual impact from 2019-2020 bushfires and weather events may impact some of the planned actions to be completed in 2020-2021. Some of the resources and funding available to deliver the operational plan may need to be re-directed. In terms of budget position, as at December 2020 the Council has maintained the working capital position within the optimum range for local government. The Council has continued to reduce its borrowing debt ahead of target and has cash and investments of close to $31.5 million. It is recommended that the Council endorse this report together with the Enclosure “Quarter 2 Report 2020-2021” and approve the Quarter 2 variations. ATTACHMENTS/ENCLOSURES

1 Enclosure Quarter 2 Six Month Report and QBRS 2020-2021

21/25102 Enclosure

* * * * * * * * * *

PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 23.02.21

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ITEM NO: 4 SUBJECT: PROGRESS UPDATE ON ENFORCEABLE UNDERTAKING BETWEEN

SAFEWORK NSW AND BLUE MOUNTAINS CITY COUNCIL FILE NO: F13620 - 21/15761

Delivery Program Link Principal Activity: Civic Leadership Service: People and Safety

Recommendations: 1. That the Council notes the progress the organisation has made towards the completion of

the Enforceable Undertaking between SafeWork NSW and the Council; and

2. That the Council notes the first status report provided by SafeWork NSW on the Council’s progress towards completion of the Enforceable Undertaking between SafeWork NSW and the Council.

Report by Director Cultural & Community Services: Reason for report This report provides an update on the Council’s progress towards completion of the Enforceable Undertaking between SafeWork NSW (SWNSW) and the Council. The attachment to this report contains the first status report provided by SWNSW detailing Council’s progress towards complying with the Enforceable Undertaking. The report has two sections, the first details the elements of the undertaking terms for which the Council has submitted evidence that SWNSW has verified. The second section details the remaining elements of the enforceable undertaking which are not yet due for verification. Background The Council entered into the Enforceable Undertaking after SWNSW alleged that the Council contravened clauses 425(1), 429(2), 479(1), and 445(1) of the Work Health and Safety Regulation 2011. The full undertaking and general information about enforceable undertakings is available at www.safework.nsw.gov.au. As part of the Enforceable Undertaking the Council committed to implementing the following five work health and safety strategies:

Providing communications technology to field teams;

Implementing workplace training;

Implementing a People at Work Survey across Council’s workforce;

Delivering an asbestos management toolkit for NSW councils; and

Delivering a Public Education Campaign.

The Council has also committed to ensuring that, within 2 years, its existing Workplace Health and Safety Management System will comply, with the principles of AS/NZS 4801:2001 Occupational Health and Safety Management Systems.

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Report Overall, the Council’s compliance with the terms of the undertaking is on track. The status report from SWNSW confirms that 20 of the 58 milestones have been verified. A status update is provided below for each of the projects being undertaken as part of the Enforceable Undertaking. Workplace Strategy 1: Communications Technology to Field Teams This project involves the purchasing and rollout of tablet devices to field teams to enable electronic access to asbestos registers, asbestos management plans, safety policies and procedures and to complete and submit forms such as risk assessments, hazard reports and incident reports in the field. The below table outlines the number of milestones that have been verified for this project.

Status Number of milestones

verified by SWNSW Total number of

milestones for the project % of project

complete

On track 2 9 22%

As a result of the COVID-19 pandemic, there has been a delay in receiving the field devices. SWNSW were advised of the delay and granted a variation to the agreed timeline for this project. A pilot group will test the field technology from April 2021 and the technology will be rolled out with training from July 2021. Workplace Strategy 2: Workplace Training The Workplace Training strategy will deliver three online training modules for staff to complete, including Asbestos Awareness, WHS for Managers and Supervisors and Fair and Just Culture Training. The below table outlines the number of milestones that have been verified for this project.

Status Number of milestones

verified by SWNSW Total number of

milestones for the project % of project

complete

On track 5 15 33%

Development of the Asbestos Awareness and WHS for Managers and Supervisors modules has been complete. Both courses are currently being rolled out to staff. The training includes a range of different media, such as videos, reading content and questionnaires. SWNSW provided valuable feedback on the WHS for Managers and Supervisors training. However, the implementation of this feedback did cause a delay to the roll out of the training. SWNSW granted a variation to allow additional time for the Council to improve the course prior to its roll out. The Fair and Just Culture Training is currently under development and is due to be rolled out in July 2021. Workplace Strategy 3: People at Work Survey The People at Work survey is a psychosocial risk assessment process used to identify trends and potential workplace risks. The People at Work survey will assist Council in the identification and management of any identified hazards and risks to the psychological health of staff and other persons within our workplaces. The below table outlines the number of milestones that have been verified for this project.

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Status Number of milestones

verified by SWNSW Total number of

milestones for the project % of project

complete

On track 1 11 9%

The release of the People at Work survey has been delayed twice. The first delay was due to the impact COVID-19 had on the organisation and the potential impact of upcoming bushfire season. The second delay was due to the release of a new survey instrument that has revised questions and improved reporting capability. SWNSW have granted a variation allowing the survey to launch in April 2021. After all results have been captured, focus groups will be run to further unpack the survey results and understand what psychosocial hazards in the workplace look like for staff. The Council’s Executive Leadership Team in consultation with workers, will then identify and develop control measures/mitigation strategies in response to the survey results. Industry Strategy 1: Asbestos Management Tools for Local Government Organisations This project will deliver a practical Asbestos Management Toolkit for use by local government authorities in NSW. The Toolkit resources will be accessible from the Council’s website for other councils to download and integrated into their existing systems and procedures. The below table outlines the number of milestones that have been verified for this project.

Status Number of milestones verified by SWNSW

Total number of milestones for the project

% of project complete

On track 5 9 56%

Extensive consultation has taken place during the development of the Toolkit. At the end of 2020, the Council submitted the Toolkit material to SWNSW for review and approval. The Toolkit will be made available to other councils in July 2021. Community Strategy 1: Public Education Campaign The Public Education Campaign (Campaign) will educate and provide information to the community, residents and businesses on the appropriate disposal of household and business waste, including general solid waste and bulky waste and the correct and safe disposal of asbestos and hazardous substance waste. The below table outlines the number of milestones that have been verified for this project.

Status Number of milestones

verified by SWNSW Total number of

milestones for the project % of project

complete

On track 3 9 33%

The Campaign is called ‘Hazardous Waste … together we’ve got it sorted’ and will be delivered over six phases (one per month). The key messages for each phase are:

1. Know your hazardous waste;

2. Dispose of hazardous waste correctly;

3. Report suspicious behaviour/illegal dumping;

4. DIY: Protect yourself and your family;

5. Protect your business; and

6. Protect our community and World Heritage Area.

Phase one of the Campaign launched in January 2021. More information about the Campaign is available at: www.bmcc.nsw.gov.au/hazardous-waste.

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Workplace Health and Safety Management System In addition to Work Health and Safety strategies, the Council has committed to undertake three audits of its existing Workplace Health and Safety Management System to ensure that it complies with the principles of AS/NZS 4801: 2001 Occupational Health and Safety Management Systems. The Council has received the first of three audit reports. The auditor did not identify any non-conformances in the Council’s system or workplace implementation of the processes. The audit identified 20 opportunities for improvement. The Council will work on the identified opportunities for improvement prior to the second audit. The audit included a desktop review of the Council’s Work Health and Safety Management System Manual and procedures, interviews with staff, review of site documentation and site inspections to observe safety practices and processes in the field. Sustainability Assessment

Effects Positive Negative

Environmental The implementation of the Enforceable Undertaking strategies will contribute to improved environmental outcomes for the City. The Public Education Campaign will provide advice and information to the community, on how to dispose of hazardous materials and report illegal dumping.

Nil.

Social The implementation of the Enforceable Undertaking strategies will benefit Council staff, the community and other local government authorities, and their respective communities, by delivering long term, sustainable and measurable Work Health and Safety benefits.

Nil.

Economic The conduct of legal proceedings against a party alleged to have breached the Work Health and Safety Act 2011 may result in a conviction and the imposition of fines. The defendant may also be ordered to pay the prosecutor's costs. Compliance with the Enforceable Undertaking will avoid that possible outcome and will generate prescribed and measurable outcomes for our organisation and for our community.

Nil.

Governance Implementing the Enforceable Undertaking strategies illustrates Council’s commitment to the health and safety of our staff and residents. The Council has also committed to implementing a fair and just safety culture across the organisation, with a focus on empowering staff to raise safety issues and on continuous and ongoing review and improvement of its safety management systems. The workplace strategies included in the Enforceable Undertaking will further support and strengthen this culture and those systems.

Nil.

Financial implications for the Council The total estimated cost to implement this Enforceable Undertaking is $513,880. Currently all Enforceable Undertaking projects are tracking within budget. Legal and risk management issues for the Council A Project Control Group (PCG) chaired by a member of the Executive Leadership Team, has been meeting fortnightly since January 2020, to oversee the Enforceable Undertaking projects and ensure Council meets obligations under the Enforceable Undertaking.

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The key role of the PCG is to provide transparent governance and oversight. The PCG also monitors and controls each of the five Enforceable Undertaking strategies or projects, provides advice, and ensures strategic alignment. The Chair of the PCG is the primary conduit between the Council and SWNSW for reporting and monitoring activities. External consultation The Council regularly discusses and consults with SWNSW on progress towards completion of the Enforceable Undertaking. Conclusion The Enforceable Undertaking will generate prescribed and measurable work health and safety outcomes for the Council’s workplaces, the Blue Mountains community and for other local government organisations across NSW, and their respective communities. The Council remains committed to diligently observing the Enforceable Undertaking and to implementing the five strategies to which it has committed under the Enforceable Undertaking. There has been extensive work carried out by many staff across the organisation for each of the Enforceable Undertaking projects, this work will continue in 2021. ATTACHMENTS/ENCLOSURES

1 Enforceable Undertaking Progress Report from SafeWork NSW

21/14188 Attachment

* * * * * * * * * *

PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 23.02.21 Attachment 1 - Enforceable Undertaking Progress Report from SafeWork NSW

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PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 23.02.21

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PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 23.02.21

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PROVIDING GOOD GOVERNMENT Item 4, Ordinary Meeting, 23.02.21

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PROVIDING GOOD GOVERNMENT Item 5, Ordinary Meeting, 23.02.21

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ITEM NO: 5 SUBJECT: 2021 NATIONAL GENERAL ASSEMBLY DELEGATES FILE NO: F13620 - 21/18462

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

Recommendations: 1. That the Council nominates one Councillor as the voting delegate and any observer

Councillors to attend the 2021 National General Assembly of Local Government Conference to be held between 20 – 23 June 2021 in Canberra; and

2. That the Council notes that there are no Motions for Debate for inclusion in the 2021 National General Assembly of Local Government Conference Business Paper from the Blue Mountains City Council.

Report by Executive Business Manager: Reason for report This report seeks Council consideration to nominate one Councillor voting delegate and any observers to attend the 2021 National General Assembly of Local Government Conference to be held between 20 – 23 June 2021 in Canberra. Secondly, that Council note that no Motions of Debate have been submitted for inclusion in the 2021 National General Assembly of Local Government Conference Business Paper, from the Blue Mountains City Council. Background The National General Assembly (NGA) of Local Government is an annual conference, to which Council generally submits Motions for Debate and usually nominates one voting Councillor Delegate and any interested observer Councillors to attend the conference. The Council’s involvement in the NGA is important in assisting the Australian Local Government Association (ALGA) to maintain the federal government engagement with local government and to drive improved outcomes for the local government sector at the national level. Theme for the National General Assembly (NGA) of Local Government 2021 This year’s theme of the conference is “Working together for our Communities”. The Conference Discussion Paper identifies three specific areas:

Council Resilience

Community Resilience

Collaboration & Partnership See the link for the Discussion Paper: https://cdn.alga.asn.au/wp-content/uploads/Discussion-Paper-2021-WEB.pdf

PROVIDING GOOD GOVERNMENT Item 5, Ordinary Meeting, 23.02.21

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Motion eligibly According to ALGA, to be eligible for inclusion in the NGA Business Papers, and for subsequent debate on the floor of the NGA, motions must meet the following criteria:

1. Be relevant to the work of local government nationally; 2. Not be focused on a specific location or region – unless the project has national

implications; 3. Be consistent with the themes of the NGA; 4. Complement or build on the policy objectives of our State, NSW; 5. Be submitted by a council which is a financial member of their state; 6. Propose a clear action and outcome i.e. call on the Australian Government to do

something; and 7. Not be advanced on behalf of external third parties that may seek to use the NGA to

apply pressure to Board members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

Motion format for the NGA of Local Government Motions must address the NGA’s 2021 theme of “Working together for our Communities”. Each motion needs to be in the following format:

Title Please provide a title for your motion

Motion The motion must also contain a specific call to action and result, for example, “That the National General Assembly calls on the Australian Government to do X.” (Note: maximum 150 words).

National Objective Why is this a national issue and why should this be debated at the NGA? (Note: maximum 200 words)

Summary of Key Arguments

Background information and supporting arguments. Do not assume knowledge. The background section helps all delegates, including those with no previous knowledge of the issue, in their consideration of the motion. (Maximum 300 words)

Declaration This section will be filled in by Governance & Civic Services once endorsed by the Council, by noting the Council Date: Min No.

Nil Motions for Debate proposed by BMCC Councillors, Directors and key staff have been provided with the opportunity to present Motions for Debate for consideration at the 23 February Ordinary Meeting of Council. Council notes that there are no Motions for Debate submitted to the 2021 National General Assembly of Local Government Conference Business Paper from the Blue Mountains City Council. If the Council determines not to lodge a motion to the agenda of the 2020 NGA Conference, delegates may still actively participate and contribute to discussions on the key issues as identified in the discussion paper. Timeline The Council is required to resolve any motions for the Conference Business Paper and submit these no later than Friday 26 March 2021 to the ALGA.

DATE ACTION

23 February Council to endorse Motions for Debate

26 March Motions must be lodged electronically with ALGA

7 May Early Bird Registration closes

PROVIDING GOOD GOVERNMENT Item 5, Ordinary Meeting, 23.02.21

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Voting Delegates and Observers Although the NGA does not need to be notified of the Voting Delegate prior to the conference registration the Council should resolve on the Voting Delegate as well as any observer Councillors who will attend this event. Determining which Councillors will attend will enable a smooth and cost effective registration process. Virtual registration options are currently being explored and require an expression of interest in the first instance. Sustainability Assessment

Effects Positive Negative

Environmental Nil Nil

Social Maintains the engagement of the local government to drive improved outcomes for the local government sector at national level.

Nil

Economic Provides an opportunity for local government to debate issues within local government and at a national level.

Nil

Governance Provides an opportunity for local government to debate a range of issues relevant to local government and in particular issues federal government policies which impact significantly on the governance at the local government level.

Nil

Alignment with the Community Strategic Plan (CSP) The submission of Motions for Debate for inclusion in the 2021 National General Assembly of Local Government Conference Business Paper; and the nomination of one Councillor as the voting delegate and any observer Councillors to attend the Conference, aligns with the Key Direction of “Lead” in the CSP. In particular Objective 1.2: “All levels of government provide transparent, fair and accountable civic leadership and governance” Financial implications for the Council The costs incurred by delegates attending the conference have been factored into the Council’s budget at an estimated $2,500 per delegate on ‘early bird’ rates. By contrast, late registrations are estimated at $3,000 per delegate (with no guarantee of attending the strictly limited NGA Dinner for late registrations). Legal and risk management issues for the Council There are no legal or risk management issues for the Council. External consultation No external consultation is required. Conclusion This report seeks that the Council nominate one Councillor voting delegate and any observers to attend the 2021 National General Assembly of Local Government Conference to be held between 20 – 23 June 2021 in Canberra.

* * * * * * * * * *

PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 23.02.21

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ITEM NO: 6 SUBJECT: PERFORMANCE OF INVESTMENTS JANUARY 2021 FILE NO: F13620 - 21/23241

Delivery Program Link Principal Activity: Civic Leadership Service: Finance Management

Recommendations: That the Council notes the performance of invested monies for January 2021 including:

That as at 31 January 2021 funds held in investments totaled $27.2 Million; and

The enclosed certificate of the Responsible Accounting Officer.

Report by Director Strategy & Corporate Services: Reason for report At the October 2017 Council meeting, Council adopted a revised Investment Policy, (Council 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 the 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 the investment.

At the October 2019 Council Meeting, Council adopted an updated Investment Policy (Minute No. 339) that allows for a larger percentage of Council’s Investment portfolio to be invested in financial institutions with an A and/or BBB credit rating. This broadens Council’s ability to invest in Environmentally and Socially Responsible Institutions, (ESRI) which avoid investing in industries that negatively affect the environment. The current Investment Portfolio includes a total of $4.5 million in Green Term Deposits through the Commonwealth Bank. The Investment Portfolio currently complies with the Investment Portfolio limits as follows:

Credit Rating – the Portfolio has 49% invested in AA institutions (maximum is 100%)

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

Diversity in Financial Institutions – currently the largest proportion of the portfolio is 22% held in 2 institutions, ING Bank and AMP Bank (policy maximum is 45%).

PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 23.02.21

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The Schedule of Investments for January 2021 is provided in Table 2. Total funds held in investments total $27.2 million which is a reduction of $1.6 million from the $28.8 million in December 2020.

Table 1 - Credit Rating Maximum Thresholds

Maximum 100% 0%

Maximum 100% 49%

Maximum 40% 22%

Maximum 40% 29%

Maximum 0% 0%

BBB

Unrated

Credit Rating % of Portfolio % at 31 January 2021

AAA

AA

A

Table 2 - Schedule Of Invested Monies For January 2021

Institution & Fund Maturity

Date

Current

Rating

Interest

Rate

Funds

Held -

Current

Month

$ ,000

Funds

Held -

Previous

Month

$,000

Change

$,000

Comment

NAB Professional

Funds

at call n/a 0.25% 5,699 7,348 -1,649 Cashflow transfers

Commonwealth Bank 29/09/2021 AA- 0.70% 2,500 2,500 0 Green Term Deposit

Commonwealth Bank 26/11/2021 AA- 0.54% 2,000 2,000 0 Green Term Deposit

Westpac 28/06/2021 AA- 3.02% 1,000 1,000 0 No movement

Westpac 21/06/2021 AA- 0.95% 2,000 2,000 0 No movement

ING Bank 1/06/2021 A 1.10% 3,000 3,000 0 No movement

ING Bank 15/06/2021 A 1.00% 3,000 3,000 0 No movement

AMP Bank 25/03/2021 BBB 1.70% 2,000 2,000 0 No movement

AMP Bank 23/11/2021 BBB 0.75% 2,000 2,000 0 No movement

AMP Bank 6/07/2021 BBB 1.20% 2,000 2,000 0 No movement

BOQ 2/06/2021 BBB 1.25% 2,000 2,000 0 No movement

Totals 27,199 28,848 -1,649

Notes:

Balances as at 31 January 2021

PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 23.02.21

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Interest Income (refer Table 3) Actual interest income to 31 January 2021 is $190K which is within budget for the 2020/2021 financial year. The Bank Bill Swap Rate is the benchmark for interest rates and the investment strategy has a target rate of return 40% higher than the BBSW. Interest for January is shown in Table 3.

Investment Categories (refer Table 4) Currently 79% of Council’s Investments are held in Term Deposits and 21% is held in the Cash at Call Account for Cash flow requirements.

Investments by Institution (refer Chart 2) Council’s Investment Portfolio by Financial Institution is displayed in Chart 2. The Investment Portfolio places a 45% limit on investment in any one institution as a risk management measure. The current portfolio includes investments in 6 institutions.

20

22

24

26

28

30

32

34

36

38

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

$ M

illio

n

Month

Chart 1 - Investment Balances July 2019 to June 2021

2019/2020

2020/2021

Table 3 - Interest Income Accrued - Actual vs. Budget

Actual $ ,000 Budget $ ,000 Variation

Income to 31 January 2021 190 175 15

Estimate for remainder of year 110 125 -15

Total for 2020/2021 300 300 0

0.01%

0.01%

1.22%

90 Day Bank Bill Swap Rate

Target Rate of Return:BBSW +40%

Average Investment Rate of Return for January 2021

Table 4 - Investment Categories

Cash at Call 20.95%

Term Deposits 79.05%

PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 23.02.21

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Sustainability Assessment

Effects Positive Negative

Environmental Nil Nil

Social Nil Nil

Economic Nil Nil

Governance Investments are compliant with the Local Government Investment Policy, the Local Government Regulations and 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 significant impact on Council’s current budgeting process and Long Term Financial Planning. The Council manages all its investments in compliance with the Ministerial Investment Order, Local Government Legislation and 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 21%

CBA17%

Westpac11%

ING Bank22%

AMP Bank22%

BOQ7%

Chart 2 - Investments by Institution

PROVIDING GOOD GOVERNMENT Item 6, Ordinary Meeting, 23.02.21

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Conclusion The Performance of Invested Monies for January 2021 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 $27.2 million invested which reinforces and supports the Council is financially sustainable. The $27.2 million in investments as at 31 January 2021 are placed in term deposits and in the at-call account with major banks and their subsidiaries. These investments are projected to earn $300K in interest revenue for the 2020/2021 financial year and contribute towards 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.

Director, Strategy & Corporate Services

* * * * * * * * * *

LOOKING AFTER ENVIRONMENT Item 7, Ordinary Meeting, 23.02.21

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ITEM NO: 7 SUBJECT: ILLEGAL DUMPING STRATEGY 2020-2025 FILE NO: F10915 - 21/1518

Delivery Program Link Principal Activity: Looking After Environment Service: Waste Resource Management

Recommendation: That the Council adopts the draft Illegal Dumping Strategy 2020-2025.

Report by Director Cultural & Community Services: Reason for report The purpose of this report is to advise Council of the outcome of the public exhibition of the draft Illegal Dumping Strategy 2020-2025 (Enclosure 1) and to recommend the adoption of the strategy. Background At the Ordinary Meeting of the Council on 27 October 2020, it was resolved;

1. “That the Council endorses the draft Illegal Dumping Strategy 2020-2025 for public exhibition for a period of 28 days with submissions accepted for a further 14 days following closure of the public exhibition; and

2. That the Council receives a further report following the public exhibition.”

[Minute No. 318]

Public exhibition of the draft strategy opened on 11 November 2020 and submissions were accepted till 23 December 2020. Public exhibition was provided through the Blue Mountains City Council ‘Have Your Say’ website and promoted through advertising in the Gazette newspaper. Hard copies were also made available upon request due to COVID restrictions. Report No submissions were received during the exhibition period. Minor changes were made to the background text in Section 2: Strategic Framework. A final draft of the Illegal Dumping Strategy 2020-2025 is attached to the report. Sustainability Assessment

Effects Positive Negative

Environmental The strategy aims to position Council as a leader on environmental issues and sustainability by having a current and strategic focus to reduce illegal dumping and its impact on the World Heritage Area.

Nil

LOOKING AFTER ENVIRONMENT Item 7, Ordinary Meeting, 23.02.21

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Effects Positive Negative

Social This strategy has the potential to deliver many social benefits that have a positive effect on the community’s well-being. The document contributes to ensuring safety, visual amenity and pride among the community.

Nil

Economic This strategy addresses the costs of clean-up of illegal dumping, staff resources and expenditure in double handling of waste that has been dumped- in an attempt to reduce financial burden.

Nil

Governance This strategy demonstrates Council’s commitment to being a liveable, environmentally responsible city and shows Council’s commitment to building a sustainable and successful future for the Blue Mountains. Public exhibition has provided the opportunity for community feedback prior to the strategy’s adoption.

Nil

Financial implications for the Council All costs associated with the implementation of the strategy will be costed and included in future budget cycles. Legal and risk management issues for the Council There are no known legal or risk management issues associated with the adoption of this strategy. External consultation External consultation to relevant state government agencies and regional organisations took place in the development of the draft Illegal Dumping Strategy. Further community consultation took place during the public exhibition period. Conclusion The draft Illegal Dumping Strategy reflects Council’s commitment to ensuring the protection of the City of Blue Mountains by being environmentally responsible. It ensures Council has clear and practical strategies for continuing to reduce the frequency and severity of illegal dumping in the area. It is proposed that the draft Illegal Dumping Strategy be adopted. ATTACHMENTS/ENCLOSURES

1 Draft Illegal Dumping Strategy 2020-2025 20/224935 Enclosure

* * * * * * * * * *

LOOKING AFTER ENVIRONMENT Item 8, Ordinary Meeting, 23.02.21

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ITEM NO: 8 SUBJECT: BULLABURRA TO LINDEN FLOODPLAIN RISK MANAGEMENT STUDY

AND PLAN - ADOPTION FILE NO: F10023 - 20/284043

Delivery Program Link Principal Activity: Looking After Environment Service: Natural Environment

Recommendation:

That the Council adopts the Bullaburra to Linden Floodplain Risk Management Study and Plan.

Report by Director Economy Place & Infrastructure Services: Reason for report This report provides the outcome of the public exhibition period for the Bullaburra to Linden Floodplain Risk Management Study and Plan (FRMSP). Background The adoption of this FRMSP will enable the Council to update flood mapping for development within the study area and to allow the further consideration of flood mitigation measures. At the Ordinary Meeting of the Council of 29 September 2020, it was resolved:

1. “That the Council endorses the Draft Bullaburra to Linden Floodplain Risk Management Study and Plan (FRMSP) for the purpose of public exhibition for a period of not less than forty-two (42) days; and

2. That the Council receives a further report following the public exhibition.”

[Minute No. 279] This report responds to the Council Resolution above, following the public exhibition of the Draft FRMSP from 23 October to 4 December 2020. Framework for the Planning for Floodplain Environments in NSW The FRMSP has been produced in accordance with the NSW State Government’s Flood Policy which provides a framework to ensure sustainable and safe use of flood affected land. The Policy framework includes five sequential stages: 1. Data collection; 2. Flood Study to determine the nature and extent of the flooding problem; 3. Floodplain Risk Management Study – an evaluation of the management options; 4. Floodplain Risk Management Plan – a plan of management for the catchment, formally

exhibited and endorsed by the Council; and

LOOKING AFTER ENVIRONMENT Item 8, Ordinary Meeting, 23.02.21

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5. Implementation or construction of flood mitigation works where they are identified to deliver higher levels of safety for the community and cost effective protection to public and private built assets.

In 2010, Council commissioned the preparation of the Glenbrook Erskine Creek Catchment Flood Study from SMEC Holdings. This report, (adopted at the Council meeting of 1 April 2012) comprises of stages 1 and 2 of this study. The Bullaburra to Linden FRMSP comprises stages 3 and 4 of the same study. Using the proposed actions contained in this report Council may proceed with actions to support stage 5, subject to available funding. Study Area & Methodology The study area is located in the Mid Blue Mountains region approximately 70 kilometres west of Sydney. The general study area is located south of the Great Western Highway and east of Tablelands Road, extending to the entry points of the Blue Mountains National Park. The study area covers eight identified floodways within the townships of Bullaburra, Lawson, Hazelbrook, Woodford, Linden and the eastern parts of Wentworth Falls. The type of flooding which will affect the study area is generally known as “flash flooding” and “overland flow” flooding. This is caused by short duration, intense (note, “rare” storms typically refer to the 1% Annual Exceedance Probability (AEP) or similar magnitude) storm events which result in a period of inundation of less than 1 hour. This can affect areas that are generally not in or around the natural waterways. The critical storm duration is generally less than 90 minutes, although a shorter rainfall duration of around 15 to 30 minutes can also cause inundation. The methodology places a heavy emphasis on community consultation at all stages of the project to collect information about the flooding history of the study area and proactively inform residents and landowners of the local risks and hazards of floods. To ensure that community consultation meets the standards and requirements of the Floodplain Management Manual an advisory committee is required for all floodplain studies. The Floodplain Risk Management Advisory Committee was formed and endorsed by the Council at the Ordinary Meeting of 26 March 2019. This most recent date of the committee meeting was 5 August 2020. The development of the draft documents were also subject to a thorough internal consultation process to ensure that the consultants findings were accurate, and flood mitigation recommendations are feasible in terms of constructability and ongoing operations. Internal stakeholders include Land Use Planning, Civil Assets and Environmental Sustainability. A workshop was held 27 November 2019 to review the engineering feasibility of all potential flood mitigation projects and the environmental constraints were discussed with Environmental Sustainability on 5 December 2019. Findings of the Flood Study A series of maps were produced as part of the FRMSP, including:

Maps of the floodplain extent and footprint for all rainfall events;

Map of all roads which are overtopped during a 1% AEP flood;

True hazard maps of waters within the floodplain for all rainfall events;

Emergency classifications for different areas of the study area; and

Sketch locations for potential flood mitigation projects.

LOOKING AFTER ENVIRONMENT Item 8, Ordinary Meeting, 23.02.21

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An assessment of sensitive infrastructure has also been done as part of the study and it is noted that all schools in the study area are likely to incur no risk to occupants of buildings and localised inundation in the yard. The following are the impacts in the probable maximum flood:

Lawson Public School – ponded water up to 500mm deep;

Lawson Community Preschool – ponded water up to 200mm deep; and

Our Lady of the Nativity Primary School, Lawson – ponded water up to 300mm deep. The potential impact of climate change has also been estimated as part of the study. It is estimated that the potential increase in flood levels of extremely rare storm events (0.5% and 0.2% AEP) by the year 2100 will be less than a 10 cm increase from the modelled flood levels. Potential flood mitigation projects which have been identified and assessed by the internal consultation process as feasible include the following potential actions:

Drainage upgrade on De Quency Road Bullaburra;

Drainage upgrade on Adelaide Street Lawson;

Drainage upgrade on View Street, Lawson;

Drainage upgrade on John Street, Lawson; and

Channel upgrade on Taylor Road and Sutton Road, Woodford. These projects were previously not identified and are unfunded. The flood study includes initial cost estimates and Benefit-Cost Ratios for the construction works, however, this report does not commit Council to all or any of these projects. Community consultation and response to public exhibition The draft FRMSP was on exhibition from 23 October to 4 December 2020. The impact of the Covid-19 Pandemic restricted engagement to online format only. The community was informed of the public exhibition by:

Advertisement in the Blue Mountains Gazette on 14 October, 4 November and 25 November 2020; and

Information and copy of the draft FRMSP on the Council’s Website and Have Your Say. There were no submissions made during the public exhibition of the final draft FRMSP. It is noted that a high level of community consultation was undertaken in earlier phases of the project with a high level of participation. Sustainability Assessment

Effects Positive Negative

Environmental Flood prone land is a valuable resource. The impact of flooding to the environment shall be contained by the application of ecologically sensitive planning and development controls

Nil

Social To reduce the impact of flooding on individual owners and occupiers of flood prone property by the application of ecologically sensitive planning and development controls

Residents may adversely be concerned while local flood issues are published

Economic To reduce private and public losses resulting from floods by the application of ecologically sensitive planning and development controls

Potential for reduction in property values resulting from documentation of flooding issues

LOOKING AFTER ENVIRONMENT Item 8, Ordinary Meeting, 23.02.21

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Effects Positive Negative

Governance The management of flood-prone land is primarily the responsibility of councils. Under the Environmental Planning and Assessment Act and NSW Flood Prone Land Policy (2005), councils need to be cognisant of regional strategies and plans, when determining standards and implementation arrangements for flood prone land in their service areas

Nil

Financial implications for the Council The study was funded by a grant from the State Government, where Council has contributed one third to the funding. This money was included in the approved operation budget allocations. The study does not commit the Council to any capital or other expenditure. Project Savings It is noted that this study has been delivered at significantly lower cost compared to previous floodplain studies as Council was able to provide Lidar survey data for the study area. The savings for this project are estimated to be in the order of $50,000-$60,000. All future floodplain studies will also be able to take advantage of the citywide Lidar survey data to achieve a similar cost saving. Legal and risk management issues for the Council One of the main drivers behind the NSW Flood Prone Land Policy is that the Council has a duty in advising property owners, occupiers and developers of the extent and level of flooding and making a decision on the appropriate flood planning level. The NSW Flood Prone Land Policy provides for the protection of councils, government agencies and their staff against claims for damages due to issuing advice or granting approvals on floodplains. Hence, action was taken in accordance with the principles and guidelines of the Floodplain Management Manual. Development on flood affected land is subject to Blue Mountains Local Environmental Plan 2015 (LEP) and/or the City of Blue Mountains Flood Liable Land Policy. Both documents specify a flood planning level at 500mm above the 1% AEP flood level (as determined by any adopted flood study). This report has identified land that falls into this category so that all future development will have a higher level of protection from flood. Conclusion The final Draft Bullaburra to Linden Floodplain Risk Management Study and Plan has met its objectives and fulfilled Council’s legal obligations in the NSW Flood Prone Land Policy and NSW Government’s Floodplain Management Manual. It is recommended that the Council adopt the Bullaburra to Linden Floodplain Risk Management Study and Plan, proceed with updating Council’s planning instruments and consider further implementation of the flood mitigation actions pending external grant funding.

ATTACHMENTS/ENCLOSURES

1 Bullaburra to Linden Floodplain Risk Management Study and Plan

21/29095 Enclosure

* * * * * * * * * *

LOOKING AFTER PEOPLE Item 9, Ordinary Meeting, 23.02.21

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ITEM NO: 9 SUBJECT: FEASIBILITY OF FENCING THE WHITTON PARK DOG OFF-LEASH AREA FILE NO: F13620 - 20/240987

Delivery Program Link Principal Activity: Looking After People Service: Sport and Recreation

Recommendations: 1. That the Council notes the construction of a fence for dog off-leash activities in Whitton

Park is supported in both the Plan of Management and Dogs in Public Places Strategic Plan;

2. That the Council notes the cost of constructing such a fence would be in the region of

$30,000; and 3. That the Council notes that this project will be considered, alongside all asset work

priorities of the City, in the development of future asset works programs and that staff will seek suitable grant funding opportunities to expedite the project.

Report by Director Cultural & Community Services: Reason for report That the Council receives the report in relation to Whitton Park Glenbrook dog off-leash area, noting that funding is not currently allocated for fencing this asset. Background At the Ordinary Meeting of the Council on 29 September 2020, it was resolved;

“That the Council receives a report on the viability of fencing the Whitton Park Glenbrook Dog Off-Leash Area.”

[Minute No. 292]

This report addresses this resolution.

Whitton Park Glenbrook Whitton Park is a crown reserve located within the town of Glenbrook in the Blue Mountains of NSW, 55 km west of Sydney’s CBD. It is situated north of the Glenbrook Village Centre and is bounded by the Great Western Highway, Hare Street and Moore Street Whitton Park is predominantly open space interspersed with remnant native trees and plantings with two minor drainage lines crossing the park and a creek line along the southern boundary. It includes play equipment and a large picnic shelter which was established in 1974. Dogs in Public Spaces Strategic Plan 2017 Whitton Park is described in the Dogs in Public Spaces Strategic Plan as follows:

LOOKING AFTER PEOPLE Item 9, Ordinary Meeting, 23.02.21

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Whitton Park is one of few designated off-leash areas in planning area 5. Whitton Park is a low usage off-leash park. Users of Whitton Park also partake in on-leash exercise outside of using the off-leash park. Dog walkers also use on-leash spaces for ‘off-leash’ such as Marges Lookout, Knapsack Reserve. This is a reflection of the unsuitability of Whitton Park as off-leash. Through key improvements (installing a fence) to Whitton Park it is expected to reduce the incidences of dog walkers using Glenbrook Oval for off-leash exercise. Some of the current users of Whitton Park don’t mind if the space remains unfenced. While feedback on the whole suggests a large number of potential users find Whitton unsuitable for off-leash while it is unfenced.

Recommendations from the Strategic Plan should resources be allocated to Whitton Park off-leash area are prioritized as:

Install waste bag dispenser

Install updated dog off-leash signs

Install an enclosed fenced area for dog off-leash exercise Therefore, the installation of an enclosed fenced area for dog off-leash activities is supported by this Strategic Plan. Whitton Park Plan of Management At the Ordinary Meeting of the Council on 28 June 2011; it was resolved:

1. “That the Council adopt the enclosed Whitton Park Draft Plan of Management, and the Plan of Management is then used to guide the future management of Whitton Park;

2. That copies of the Plan of Management are placed on public record and sent to members of the Community Liaison Group; and

3. That the Community Liaison Group is thanked for the contribution to the development

of the Plan of Management.” [Minute No. 249]

In the Plan of Management it is noted that given its flat open nature, Whitton Park has potential to provide many more recreation opportunities to the Glenbrook area which is noted as needing a greater range of recreation settings. Recreation settings that Whitton Park has been noted as having potential for include:

Easy walking tracks;

Learn to ride tracks for young children;

Adult fitness circuit;

Creek line play and learning opportunities;

Ball kick around areas;

Croquet courts – either formal or when-in-use-only courts;

Dog off-leash area;

Increased picnic settings;

Improved play settings; and

Cricket wickets. This potential for additional recreation facilities is highly valued by the community. The need for more sporting facilities and more dog off-leash areas in the lower Blue Mountains is noted as high. Section 4.2.5 of the Plan of Management states the following in relation to dog off-leash activities and fencing:

LOOKING AFTER PEOPLE Item 9, Ordinary Meeting, 23.02.21

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Issues

High demand locally for dog off-leash area as a form of recreation; Opportunities

Provide dog off-leash area; Policies

To maintain open space feel, built structures to be limited to small and or low structures such as seats, picnic shelters, fitness stations, bridges over the drainage lines and memorial items, and fencing is to be kept to a minimum with natural barriers being preferred. No buildings allowed.

In addition in section 5 Action Plan the Plan of Management lists as an action:

Seek funding and provide off-leash requirements including: fencing, boundary planting, footbridge gate barriers, seating, etc.

Therefore the installation of an enclosed fenced area for dog off-leash activities is supported by the Plan of Management. Sustainability Assessment

Effects Positive Negative

Environmental Nil Nil

Social The provision of a fence will have a positive social impact and will encourage more people to utilise this area for dog off-lease activities.

Nil

Economic Nil Nil

Governance Nil Nil

Financial implications for the Council The cost to construct a suitable fence, 1.2m high, post and rail with black powder coated cyclone mesh infill, is approximately $30,000. This project is currently unfunded asset works and is not listed in Councils Delivery Program and Operational Plan. Council officers will seek to include funding for this project in future asset works programs in line with other asset priorities as well as applying for suitable grant opportunities which may help expedite the project. Legal and risk management issues for the Council There are no known legal or risk management issues identified in relation to installing a fence at this location as it is an action supported in both the Plan of Management for the park and Dogs in Public Spaces Strategic Plan 2017. Any risks identified with any future construction of a fence at this location will be identified during the project planning phase. External consultation Extensive community consultation occurred during the development of the Plan of Management and Dogs in Public Spaces Strategic Plan. Conclusion While fencing the Whitton Park dog off-leash area is supported, the cost would be in the region of $30,000. This project will be considered along with all other priorities in future asset works programs. In addition, staff will continue to seek suitable grant funding opportunities to expedite the works.

* * * * * * * * * *

LOOKING AFTER PEOPLE Item 10, Ordinary Meeting, 23.02.21

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ITEM NO: 10 SUBJECT: GLENBROOK OVAL CARPARK FILE NO: F13620 - 20/286081

Delivery Program Link Principal Activity: Looking After People Service: Sport and Recreation

Recommendations: 1. That the Council notes that the sealing of the main Glenbrook Oval carpark is identified

as an improvement for consideration in the Sport and Recreation Asset Management Plan;

2. That the Council notes the cost of constructing such a carpark would be in the region of $200,000; and

3. That the Council notes that this project will be considered, alongside all asset work

priorities of the City, in the development of future asset works programs and that staff will seek suitable grant funding opportunities to expedite the project.

Report by Director Cultural & Community Services: Reason for report This report provides information in relation to the sealing of the main Glenbrook Oval carpark. Background At the Ordinary Meeting of the Council of the 29 September 2020; it was resolved:

1. “That Council notes the poor condition of the Carpark and driveway at Glenbrook Oval; and

2. That Council receives a report on options on resealing this Carpark and repairing the driveway to the Carpark.”

[Minute No. 298] This report addresses point 2 of this resolution.

Glenbrook Oval carpark Glenbrook Oval is a district-standard sportsground in Glenbrook in the lower Blue Mountains that provides a sporting field and associated facilities frequently used for athletics, cricket, football (soccer), and personal fitness trainers. On site there is also a skate-park and fully fenced playground. The main carpark is accessed from Hare Street and is the focus of this report. The carpark is currently not sealed and is in a poor condition. This carpark does require and receive intervention from maintenance teams to patch potholes and undertake minor works.

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There is also another carpark which is accessed from Moore Street which is in a better condition and not utilised as heavily as the main carpark. Asset Management Planning Council has established Asset Management Plans which are developed for each service and updated on an annual basis. The sealing of the carpark at Glenbrook Oval falls within the Asset Management Plan for the Sport and Recreation Service. This plan and associated asset works are developed when considering the following elements: Levels of Service Levels of Service measures used by Council in asset management planning are:

Quality - How good is the service? Measured as the portion of assets in fair or good condition

Function - Does it meet users’ needs? Measured by the number of recreation settings in each park

Capacity/Utilisation - Is the service over or under used? Measured by the number of parks on each side of the highway for each town.

Future Demand The present position and projections for demand drivers that may impact future recreation service delivery and utilisation of assets Lifecycle Management The lifecycle management plan details how Council plans to manage and operate the assets at the agreed levels of service while optimising life cycle costs. It considers items such as:

Asset capacity and performance;

Asset condition;

Asset valuation; and

Historical data; Risk Management An assessment of risks associated with service delivery from infrastructure assets has identified critical risks that will result in loss or reduction in service from infrastructure assets or a ‘financial shock’ to Council. The risk assessment process identifies credible risks, the likelihood of the risk event occurring, the consequences should the event occur, develops a risk rating, evaluates the risk and develops a risk treatment plan for non-acceptable risks. Carparks that support the Sport and Recreation Service Council does continue to plan for and deliver carpark improvement works across the network of sporting facilities. In recent years Council has undertaken carpark improvement work at Lapstone Oval and is currently undertaking projects to seal and improve the car park arrangements at Knapsack Oval, Glenbrook and Warrimoo Oval. Glenbrook Oval Carpark Asset Works Planning Inadequate parking and the poor standard of parking surfaces sporting facilities is noted in the Sport and Recreation Asset Management Plan along with a range of other asset works priorities. As such the sealing of the carpark is supported but needs to be assessed in line with other asset priorities. A design would be required to ensure that the carpark functions adequately, is compliant and considers items such as Council’s adopted water sensitive urban design principals. There may be other opportunities that can be realised from undertaking a design which may include options for 2 driveways (one in, one out) and the relocation of the play equipment to a more suitable location.

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Sustainability Assessment

Effects Positive Negative

Environmental The delivery of a project to improve the carpark at Glenbrook Oval will also give Council the opportunity to deliver the project in line with our adopted water sensitive urban design principals.

Nil

Social Improved carparking will have a positive social impact on the area.

Nil

Economic Nil Nil

Governance The implementation of an upgrade to Glenbrook Oval carpark based on good asset management planning process shows a sound governance approach to the management of Council assets.

Nil

Financial implications for the Council The cost of sealing the carpark and undertaking the necessary access and drainage work has been estimated at $200,000. This work is not currently identified in Councils asset works program and will need to be considered for future programs in line with other asset works priorities. Legal and risk management issues for the Council There are no known legal issues associated with the report’s recommendations. Risk management issues associated with the current condition of the carpark will be managed by maintenance intervention. Risk management issues associated with future works will be assessed as part of the project planning phase of future works. External consultation There has been no consultation undertaken to date. When the project is funded as part of Council’s Asset Works Program community consultation will be undertaken as part of the design process. Conclusion While the sealing of the main Glenbrook Oval carpark off of Hare Street is supported, the cost would be in the region of $200,000. This project will be considered along with all other priorities in future asset works programs. In addition, staff will continue to seek suitable grant funding opportunities to expedite the works.

* * * * * * * * * *

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ITEM NO: 11 SUBJECT: SUMMARY OF RECOMMENDATIONS FROM THE NSW INDEPENDENT

BUSHFIRE INQUIRY FILE NO: F13620 - 20/274131

Delivery Program Link Principal Activity: Looking After People Service: Emergency Management

Recommendation: That the Council notes the recommendations of the NSW Independent Bushfire Inquiry and work with State agencies to implement findings relevant to Council’s role as a supporting agency during major bushfires and land manager with responsibilities for bushfire risk management.

Report by Director Environment and Planning Services: Reason for the report This report provides the Council with a summary of the NSW Independent Bushfire Inquiry report findings relevant to the Council. Background Following the extensive and destructive bushfire activity of the 2019-20 fire season (the Black Summer fires), the NSW Government established an independent expert inquiry to investigate a wide array of issues related to bushfire prevention, preparedness, and emergency response. This Inquiry was led by Dave Owens APM, former Deputy Commissioner of NSW Police, and Professor Mary O’Kane AC, Independent Planning Commission Chair and former NSW Chief Scientist and Engineer. The NSW Independent Bushfire Inquiry (the Inquiry) ran for six months and took submissions from the public, emergency services, and local and State authorities. Blue Mountains City Council was among those agencies that made a corporate submission, endorsed by the Council at the 28 April 2020 ordinary meeting. The Inquiry’s final report was handed down on 31 July 2020, and after being considered by the NSW Government, was made public in August 2020. The Inquiry’s report makes 76 recommendations across a large number of topics. The NSW Government has indicated that they accept and will implement all of the Inquiry recommendations. At the Ordinary Meeting of 29 September 2020, tit was resolved in part:

“That the Council receives a report which analyses and describes any implications for Council from the recommendations of the NSW Independent Bushfire Inquiry, including possible actions Council might take in response”

[Minute no. 293]

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This report responds to that resolution. The Inquiry investigated a wide array of issues in relation to emergency response and preparation for the impact of bushfires on the community. As Council is not an emergency service or firefighting authority, many of the Inquiry’s recommendations do not directly relate to Council's operations. As such, only those recommendations with implications for Council's work in related to land management and multi-agency emergency coordination have been discussed in this report. This report's key objective is to analyse and assess potential shifts in State-level policy and practice and likely impacts for Council. As change is highly likely, this will allow Council to position itself to adapt to modifications to the operating environment and proactively review its current practices to align, where possible, to the Inquiry's aspirations. For many of the Inquiry’s recommendations to be achievable, suggested changes will need to be translated into workable State-level policy supported by enabling legislation. For Council, however, it is a useful exercise to assess potential implications and proactively position the organisation to respond to likely change to policy and practice. The NSW Independent Bushfire Inquiry Final Report The Inquiry’s final report is 466 pages in length, including background contextual information and analysis, and makes 76 detailed recommendations. Given the length and significant depth of the Inquiry’s findings, it is not possible to address all subject matter in this report. The full report is published on the NSW Department of Premier and Cabinet Website at https://www.dpc.nsw.gov.au/publications/categories/nsw-bushfire-inquiry/ The report structure is aligned to the Inquiry’s terms of reference, provided at page 1 of the document. This includes:

Overview and context

Causes and factors contributing to the 2019-20 bushfire season

Preparation and planning – emergency management

Preparation and planning – land and assets

Response to the bushfires

Next steps and recommendations It is important to note that three subject areas were explicitly defined as out of this Inquiry scope. This included assessing bushfire recovery, economic impacts, and matters related to causes and origins of fires that may be subject to forensic examination through a coronial inquiry. An examination of the processes and systems that support disaster recovery is undoubtedly warranted. However, it is acknowledged that these recovery processes were at an early stage at the time of the Inquiry and will likely continue for many years. Therefore, it was not possible to assess the effectiveness or to propose improvements to disaster recovery procedures in the time available. A separate review of the bushfire recovery process may be undertaken at some point in the future. Recommendations Relevant to Council The Inquiry's final report recommendations cover a wide array of subject matter, including issues of State-level policy, information management, and operational firefighting. A large proportion of these recommendations do not have direct relevance to Council, but there are proposed actions that will interest Council as a land manager and provider of emergency management support.

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The recommendations with relevance to Council are noted below. Recommendation 8 – Bush Fire Management Committee membership The Inquiry noted that Bush Fire Management Committees (BFMCs), being multi-agency committees tasked with planning and preparing for bushfires, are required to manage complex cross-tenure and cross-agency issues. It was also noted that tensions sometimes arise between agencies' obligations to manage bushfire risk while achieving other statutory objectives required of those organisations. The Inquiry's view was that it is important that these decisions are made by people with the requisite delegated authority, and recommends:

“… relevant agencies review Bush Fire Management Committee (BFMC) membership and confirm to the NSW RFS that members have sufficient discretion and authority to agree and implement risk mitigation activities at the local level”

Council maintains a high level of engagement with the Blue Mountains BFMC and actively contributes to coordinated bush fire risk management. Council’s nominated representative to the BFMC is the Program Leader – Emergency Management & Resilience, which is appropriate given that the Emergency Management & Resilience team coordinate the planning and delivery of bush fire risk management work on Council land across the city. This position also works closely with other staff in the Environment and Planning Services Directorate and is well placed to negotiate outcomes that address bushfire risk management on Council land while considering associated environmental, cultural, and heritage issues. No change to this representation is being considered at this time. Recommendation 11 – Resilience NSW training for Local Emergency Management Officers The State Emergency and Rescue Management Act 1989 requires local government to provide executive support to both the Local Emergency Management Committee (LEMC) and Local Emergency Operations Controller (LEOCON, typically the Police Area Commander) for each LGA. The NSW State Emergency Management Plan (EMPLAN) identifies these executive support personnel as Local Emergency Management Officers (LEMOs). The role of the LEMO spans both administrative and operational tasks. The LEMO supports the LEMC by facilitating meetings and managing Committee documents. When a Local Emergency Operations Centre (LEOC) is activated during an incident by the LEOCON, the LEMO provides high-level support to the LEOCON and oversees the physical operation of the LEOC. For most councils, the role of LEMO is not a standalone, full time position. The responsibilities of the LEMO are typically assigned to relevant staff alongside their substantive position's work. For BMCC, the role of LEMO is assigned to the Program Leader – Emergency Management & Resilience. Despite the specialised nature of the LEMO's role, to date, there has not been any specific training available at State-level to ensure that local government staff nominated as LEMOs understand and are prepared for these responsibilities. The Inquiry therefore recommended:

“That, in order to strengthen the capability of local councils in future emergency events:

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a) Resilience NSW, in consultation with local government, develop specific training that focuses on the role, responsibilities and expected functions of the Local Emergency Management Officer (LEMO), including regular ‘refresher’ components

b) Councils support their staff to participate in LEMO training on an ongoing basis, and ensure that staff who are LEMOs are appropriately senior and have the authority to commit resources.”

This recommendation is both sensible and fully supported. As a Council with a high degree of commitment to supporting external agencies and working towards a disaster resilience community, Council staff already participate in relevant training provided through Resilience NSW. Once LEMO-specific courses become available, Council will support training of a small pool of staff to fulfil this role. Recommendation 17 – Neighbourhood Safer Places The NSW Rural Fire Service manages the identification and auditing of Neighbourhood Safer Places (NSPs), being places of last resort refuge during severe bushfires. NSPs are assessed against RFS guidelines and can be either an open space or inside a building. NSPs may be located on public or private property. The Inquiry noted that during the 2019-20 bushfires, a number of RFS stations, particularly in remote bushland communities, were used as places of shelter by members of the public even though they had not been assessed or designated as NSPs. RFS stations at Bell, Mount Wilson, and Mount Tomah were listed as examples where this occurred. This was likely a result of there being few, if any, alternatives for life safety shelter in these communities. The Inquiry therefore recommended:

“That the NSW RFS identifies remote bush fire prone areas that do not already have an indoor Neighbourhood Safer Place (NSP) and upgrades the relevant NSW RFS Stations to meet NSP guidelines. These stations would require adequate Asset Protection Zones and active/passive protection systems to provide short-term protection.”

As the owner of all Rural Fire Brigade stations in the Blue Mountains, Council will necessarily take an interest in this proposition. The RFS has not advised whether the assessment of particular brigade stations is likely to occur in the Blue Mountains. However, it is possible in villages such as Linden and Medlow Bath, where no NSPs have yet been identified but RFS stations are present. Where proposed modifications or upgrades to an RFS station to function effectively as an NSP, the asset owner Council will need to be involved in the planning, approval, and implementation of required works. Where clearing of vegetation is necessary to lower bushfire exposure to an RFS station, and that clearing extends onto Council land, Council will again need to be engaged in the planning and works delivery process. It is important to note that the RFS station at Bell has already been proposed as an NSP site, and the RFS had undertaken extensive clearing work around the building immediately before the impact of the 2019 Grose Valley fire. Work to allow designation of this site as an NSP is nearing completion, with this anticipated in the near future. The RFS is undertaking similar work at Mount Wilson and Mount Irvine to enable NSP establishment at the community halls in those communities, so it is unlikely there will be a need to investigate those Brigade stations in the short-term.

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Recommendation 18 – The NSW Spatial Digital Twin NSW Spatial Services are working to create a highly detailed digital representation of the built and natural environment of the State, known as the Spatial Digital Twin. The eventual aim is to develop a four-dimensional (3D plus time) model that can be used to support a range of planning and emergency response processes. The Inquiry has recommended that owners and managers of assets in bushfire prone areas be required to provide data for inclusion in the Digital Twin, with annual quality control certification. It is recommended that a range of metadata be included, such as a description of the asset, value, emergency contact details and bush fire risk management treatments undertaken to protect it. As a manager of a large number of assets, across a wide array of asset types, compliance with such a data reporting regime could be a significant imposition on the Council. Additionally, the Inquiry suggests that for assets in private ownership, the required information would be provided by Councils. Given the number of homes and other major buildings on bushfire prone land across the Blue Mountains, compiling and maintaining this type of data would be a major undertaking. At this stage, no information is available to indicate how or when policy of this nature could be implemented. Given the complexity and magnitude of the task, it is reasonable to assume that this will take a number of years to resolve. Recommendation 20 – Targeted hazard reduction A key focal area for the Inquiry was the role of hazard reduction in reducing the potential impacts of bushfires on communities and assets. The Inquiry rightly noted that ‘hazard reduction’ encompasses more than just prescribed burning, which tends to receive the bulk of political and media attention, and that reducing risk relies on a mixture of tools and techniques. In particular, the Inquiry noted that the use of mechanical fuel management methods would become increasingly important, especially close to settlements. The inquiry subsequently recommended:

“That Government, noting that hazard reduction targeted in proximity to assets is on balance more likely to provide help than hinder, should … support local councils and partner agencies to implement more comprehensive hazard reduction at a local level around towns/cities, communities and local infrastructure assets, and provide incentives for communities to organise themselves to prioritise and implement local hazard reduction initiatives. This will involve a suite of hazard reduction techniques depending on the landscape including prescribed burning, clearing, mowing, and mechanical treatments, and easy disposal of green waste into processors turning it into bioenergy or biofuels”

Blue Mountains City Council manages several thousand hectares of bushfire prone bushland reserves. As part of the management of this land, it implements an extensive and ongoing fire mitigation program that focuses on the provision of mechanically cleared asset protection zones immediately adjacent to homes at the bushland interface. Council also works closely with fire authorities through the Bush Fire Management Committee's framework to identify, assess, and implement hazard reduction burning on Council land. Council's asset protection zone (APZ) program, by its nature, is directly targeted at homes that have historically been built very close to Council reserve boundaries and where the owners of these dwellings cannot create adequate separation from unmanaged bushland on

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their own properties. Where the necessary APZ extends onto Council managed land, vegetation management is carried out to reduce the chances of direct flame contact and lessen radiant heat impacts on nearby buildings. This work is carried out in a manner consistent with NSW Rural Fire Service guidelines and codes of practice and occurs on a prioritised and cyclical basis. Council's reserve system is generally located close to developed areas, and often comprises land that was unable to be developed and was dedicated to Council. Through the Blue Mountains Bush Fire Management Committee framework, being a multi-agency group responsible for planning bush fire risk management work, Council works collaboratively with other agencies to carry out hazard reduction burning using a tenure blind and landscape scale approach. These burns often involve Council land and are commonly located at the urban interface. Burns of this nature therefore have direct asset protection and strategic fire advantage outcomes. In both cases, the way that Council undertakes APZ work and supports hazard reduction burning is already well aligned with the intent of this recommendation. For many years Council has received financial support from the NSW Government via the Rural Fire Fighting Fund Hazard Reduction Supplement, although further assistance would certainly be welcomed. With regard to green waste disposal and processing, Council already provides several options for the removal of vegetative waste from private land. However, the collected waste products are not currently processed for the purposes of producing bioenergy or biofuels. In the body of the report the Inquiry noted that mechanical hazard reduction can produce large volumes of vegetative waste, and that “… turning this into biofuels or bioenergy through a network of small, distributed processing plants, in such a way as to make the disposal task as easy as possible for landholders and other land managers while at the same time producing something useful.” It is not clear from the brief commentary in the Inquiry’s report whether there might be a role for waste management infrastructure operated by local government, but it would seem sensible to include these established facilities as part of any such approach. Recommendation 24 – Public land managers should be the best neighbours The Inquiry received commentary from the community that was critical of the performance of certain public land management agencies as neighbours to private property. The inquiry therefore recommended:

“That government agencies managing land (at all levels and through all agencies) be the best neighbours possible by considering their neighbours when undertaking activities related to bush fire preparation and having clear, two-way communication about these activities, with the aspiration that government landholders will be seen as highly desirable neighbours.”

The Inquiry suggested that to achieve this, there needed to be agreed expectations, good relationships, transparency about decision-making, mutual understanding about priorities, and agreement about obligations. The Inquiry further suggested that this could include establishing ongoing two-way communication on matters such as hazard reduction, pest and weed control, and providing landholders with agency contacts regarding fire management activities that might affect private property. While this is clearly a desirable aspiration, the Inquiry provided no further detail or guidance about how public land managers might achieve these objectives. Further to this, this recommendation appears to be written in a rural context, where reserves such as national

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parks neighbour large agricultural holdings. It is not apparent how this might be implemented in a peri-urban landscape where reserves are small, discontiguous, and have large numbers of neighbours. Council gives a high level of commitment to customer service, as demonstrated by its customer service charter. While not explicitly written in the context of bushfire related neighbour interactions, the charter notes that Council will be respectful and honest, seek to understand residents’ requests, and provide clear and timely explanations about proposed actions. While the charter sets achievable standards for one to one interactions, given the number of neighbours to Council reserves, it may be difficult in practical terms to provide proactive and timely information in a manner that is consistent with the Inquiry’s recommendation. It may also be challenging to find consensus across large numbers of neighbours who likely hold widely divergent views of how Council land should be managed. These challenges do not diminish Council’s commitment to being a good neighbour who provides quality customer service, but giving effect to the Inquiry’s recommendation is unlikely to be straightforward. Recommendation 25 and 26 – Aboriginal Cultural Burning During and after the 2019-20 bushfires, there was much public commentary about the potential role of cultural burning in reducing the risk of future bushfires. The Inquiry received submissions from Aboriginal cultural fire practitioners, who noted that the use of fire is just one component of a broader suite of land management practices and does not have fuel reduction as its primary objective. The Inquiry subsequently recommended (25):

“That Government adopt the principle that cultural burning is one component of a broader practice of traditional Aboriginal land management and is an important cultural practice, not simply another technique of hazard reduction burning.”

And (26):

“That, in order to increase the respectful, collaborative and effective use of Aboriginal land management practices in planning and preparing for bush fire, Government commit to pursuing greater application of Aboriginal land management, including cultural burning, through a program to be coordinated by Aboriginal Affairs and Department of Planning, Industry and Environment working in partnership with Aboriginal communities. This should be accompanied by a program of evaluation alongside the scaled-up application of these techniques.”

Council does not currently have an adopted position on cultural burning, but had already been investigating options for integrating Aboriginal cultural burning techniques into its land management and Aboriginal community development programs prior to the 2019-20 fires. Council, therefore, agrees with the statement from the Inquiry that the use of fire is just one element in a suite of land management practices employed by Aboriginal people, and that in of itself, should not be viewed as a singular solution for the reduction of bushfire risk across the landscape. Council recognises that local Traditional Owners and Aboriginal people more generally continue their deep connections to Country. Any initiative to integrate Aboriginal land management practices, known as Caring for Country, into Council operations must be done respectfully and in close collaboration with Traditional Owner groups, through a

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holistic cultural expression supported through a decolonising approach. Ideally, these activities would be led by Traditional Owners and Aboriginal people and would form part of the broader Caring for Country Program, which aims to achieve genuine cultural, social, spiritual, and economic outcomes for Traditional Owners and the Aboriginal community on Country. Further conversations with Gundungurra and Dharug Traditional Owners and the Aboriginal community could be facilitated through Council’s existing liaison pathways, including the Aboriginal Advisory Council, the Gundungurra Indigenous Land Use Agreement, the Gully Co-Management Committee, and mutually agreeable approaches with Dharug Traditional Owners. At present, there are some regulatory barriers to applying fire to the landscape in this context, as there is no streamlined approval pathway or entitlement for such activities to occur. By committing to these recommendations, Council is hopeful that the NSW Government will enact enabling legislation to facilitate the effective and timely use of fire in a cultural context. Recommendation 28 – Resourcing of Local Government to Carry out Enforcement The Inquiry recommends that NSW commits to a shift towards a strategic approach to planning for bushfire and acknowledges that this will take time. The Inquiry, therefore, suggests that the NSW Government immediately implements a range of measures to prepare residents and build community resilience to future bushfire events. Among the measures being proposed, the Inquiry has recommended:

“That Government … should immediately … ensure local government is resourced to enable effective audit, enforcement and compliance powers in respect of local developments and assets on bush fire land.”

Since 2003, all developments on bush fire prone land in NSW have been required to address a range of considerations relating to land use planning and construction standards, with the intent of making new developments more resistant to the impacts of nearby bushfires. These bushfire protection measures are then included as conditions on the development consent when approvals are issued. The developer and/or owner of the property is then legally bound to implement and maintain these measures for the life of the development. However, while these conditions of development consent are binding and enforceable, Councils generally do not have the resources to implement proactive and systematic post-occupancy audits of the maintenance of these protection measures, or to conduct enforcement where property owners have neglected to maintain or have modified protection elements in non-compliant ways. In the Blue Mountains context, auditing developments where bushfire protection measures have been specified would be a complex and substantial task. It is estimated that BMCC issues approximately 400 development consents annually, including some form of bushfire protection conditions. If this is extrapolated historically, there may be in excess of 6,000 properties requiring cyclical inspection and resident engagement. Considering that liaison with owners, on-site visits, and the service of notices can be very time consuming, with current resourcing Council would simply not be in a position to accommodate a mandated requirement to enforce building standards. To effectively audit the thousands of properties requiring monitoring would likely require establishment of a new bushfire compliance unit and would necessitate additional external funding.

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Therefore, Council is keenly interested in how the NSW Government might support Councils without imposing additional costs to the community. Recommendation 32 – Roadside vegetation management The Inquiry investigated the issue of roadside vegetation management, which has the potential to influence the ability for isolated communities to leave early or to be evacuated and has implications for post-fire make-safe and recovery works. As a State-wide issue, there is inherent complexity in how vegetation in road corridors can or could be managed. The Inquiry recommended:

“That, in order to ensure outcomes-based roadside vegetation management to reduce roadside tree fall and grass ignitions in planning and preparing for bush fire, Transport for NSW, working with local government and NSW RFS, establish a consistent framework for roadside vegetation management that analyses road priority, utility, amenity, strategic value and risk.”

Blue Mountains City Council manages over 700km of local roads across the LGA. While a figure for the percentage located on bush fire prone land is not readily available, a substantial proportion would likely be captured by any State-level policy affecting fire-prone areas. Council does not currently implement a program of roadside vegetation management for the purposes of bushfire risk management. Therefore, any new obligations or increased standards for managing roadside trees and other vegetation could have significant resourcing implications for Council. This is not an issue that would be limited to the Blue Mountains, and local governments would likely require substantial assistance from the NSW Government to implement such policy. Recommendation 69 – Training Council staff to open evacuation centres Established emergency management policy in NSW provides for the identification and management of evacuation centres, which provide for basic shelter and welfare needs to displaced people during major emergencies. The decision to activate one or more evacuation centres rests with the Local Emergency Operations Controller (LEOCON), who is always a senior police officer, and operation of centres once activated is the responsibility of the Welfare Services Functional Area (Department of Communities & Justice). The facility from which an evacuation centre is operated could be publicly or privately owned, such as a Council hall or a commercial club. Given the extensive geographic impact of the 2019-20 bushfires and the need to operate numerous evacuations centres concurrently across the State, the Inquiry noted that staff from DCJ encountered significant challenges attempting to access and sustain multiple evacuations centres. The Inquiry therefore recommended:

“That, in order to ensure evacuation arrangements can be scaled up when needed, Resilience NSW … train council and NSW government regional staff in evacuation centre establishment and management, supported by a one-page ‘start up sheet’ for opening an evacuation centre.”

In the Blue Mountains context, the Local Emergency Management Committee has identified and assessed fourteen (14) potential evacuation centre sites across the city, of which five (5) are Council managed facilities. These locations are listed in the Local

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Emergency Management Plan. The activation of specific facilities will be determined based on the nature of the emergency, current and future threats, and accessibility for affected communities. Should an evacuation centre be activated at a Council managed site, it is almost certain that Council staff will be involved in opening the building and assisting with initial setup, so it seems a reasonable suggestion that Council staff take a more active role in evacuation centre establishment in these cases prior to the arrival of functional area personnel. What is not clear from this recommendation is whether Council staff might be expected to assist with the establishment of evacuation centres at non-Council sites. It is assumed that Resilience NSW will provide further advice and information once this suggestion is translated into a workable policy. Recommendation 70 – Ensuring evacuation centres are fit-for-purpose The Inquiry noted that a wide array of facilities were utilised as evacuation centres during the 2019-20 bushfires, including community halls and various clubs, some of which were without power and communications for an extended period. The Inquiry has subsequently recommended:

“That, in order to ensure evacuation centres are fit-for-purpose, Resilience NSW work with Local Emergency Management Committees (LEMCs) to:

a) update the guidelines for LEMCs identifying evacuation centres to require a risk assessment of potential locations, which should include identifying alternate sources of power for use by evacuation centres and recording these appropriately

b) review existing evacuation centre locations to assess compliance with updated LEMC guidelines and report to the State Emergency Management Committee on their suitability.”

As required by the State Emergency & Rescue Management Act 1989, all Councils are required to provide executive support services for the Local Emergency Management Committee constituted for their LGA. Any requirement for LEMCs to undertake further assessment of potential evacuation centre locations would necessarily involve Council staff in facilitating the process and where Council is a facility manager. BMCC provides a high level of support to Blue Mountains LEMC through dedicated emergency management staff and regularly facilitates reviews and planning for evacuation centres in collaboration with external stakeholders. Although the quantum of work required to enhance existing processes is currently unknown, Council is already well placed to support such reviews once the revised policy is communicated to the local level. Recommendation 75 – People evacuating with animals There is evidence to suggest that their animals significantly influence people’s decision to act and self-relocate during an emergency. Both the Welfare Services Functional Area and Animal & Agriculture Services Functional Area (AASFA - Department of Primary Industries, assisted by Local Land Services) have endeavoured to communicate to the community that animals are welcome at an evacuation centre, to encourage people to act early and decisively. This necessitates pre-incident planning for the management of animals in emergencies. The Inquiry was provided with information that the AASFA supported over 11,400 animals at 80 sites during the 2019-20 bushfires. It was subsequently recommended:

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“That, in order to improve support for people evacuating with animals, the Department of Primary Industries … work with LEMCs to identify overflow sites that can be used for evacuated animals when preferred sites are full.”

As part of the process to identify potential evacuation centre locations, the Local Emergency Management Committee already assesses those sites' suitability for accommodating animals. As a multi-agency Committee, collaboration occurs with local stakeholders, such as Greater Sydney Local Land Services, to identify sites where displaced animals can be accommodated. As the provider of executive support to the LEMC, Council is involved in the facilitation of this process and a facility manager. As noted against recommendation 70, Council already provides a high level of support to these processes and will continue to work with relevant agencies to enhance planning in this area. Although the quantum of work is currently unknown, Council is well placed to support such reviews once the revised policy is communicated to the local level. Sustainability Assessment

Effects Positive Negative

Environmental A number of the Inquiry’s recommendations are aimed at reducing the amount of unplanned fire in the landscape. Reducing the frequency and extent of destructive high-intensity wildfires will have positive environmental, cultural and heritage conservation outcomes.

The Inquiry has noted that targeted hazard reduction, particularly mechanical treatments, should be intensified around settlements and critical infrastructure. This work is inherently destructive although environmental impacts can be mitigated through careful management. There is a risk that poorly managed hazard reduction could result in adverse environmental outcomes.

Social The impacts of bushfires on individuals cannot be understated. By seeking a reduction in the frequency and extent of severe fires, and associated minimisation of impacts on people and property, the Inquiry’s recommendations will have positive psychosocial outcomes.

The Inquiry also recommends that communities be encouraged to organise themselves to achieve coordinated bushfire preparedness outcomes. Enhancement of community connections and relationships is a key strategy for improving community resilience to natural disasters and is fully supported.

It is possible that a number of the Inquiry’s recommendations will require the community to undertake an array of additional work, which may be auditable and costly. Although such work is necessary, it may introduce additional stressors to the community, particularly those that are financially vulnerable or incapable of carrying out work themselves. A heightened focus on bushfire risk may also trigger stress reactions amongst communities that have been significantly affected by bushfires in recent years.

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Effects Positive Negative

Economic If implemented as proposed, some of the Inquiry’s recommendations may result in the creation of new industries (green waste to biofuel) and stimulation of economic activity. This is likely to have a positive economic effect on certain sectors, such as hazard reduction contractors and bushfire related research.

Additionally, the Inquiry’s recommendations seek to avoid and mitigate losses due to bushfires, which will have a positive economic effect through the reduction of bushfire impacts and disruptions to businesses, tourism, and industry, as well as reduction in insurance costs and recovery expenditure.

A number of the Inquiry’s recommendations, such as roadside vegetation management and development consent enforcement, could require the development and implementation of additional work programs, which may come at substantial cost to Council. Such work is currently unfunded, and external assistance or a local resourcing strategy would be required in these cases.

Increased costs of managing bushfire risk will not be limited to Council. Other government agencies, businesses and private landowners may all need to fund an array of work that needs to be undertaken more frequently and to higher standards. These costs will necessarily have to be met by the community as a whole.

Governance Investigation of the Inquiry’s recommendations will allow Council to prepare for likely policy change and position the organisation to respond in a timely way when advised of changes to necessary practice in bushfire risk management and multi-agency emergency coordination.

A number of the Inquiry’s recommendations will likely necessitate an increase in external reporting requirements and associated administration.

Financial implications for the Council There are no direct financial consequences associated with the recommendation to note this report. However, it is important to note that some of the Inquiry’s recommendations could have substantial financial and resourcing implications for Council. These recommendations have not yet been translated into workable State policy, so it is not possible to quantify potential impacts at this time. Legal and risk management issues for the Council There are no legal or risk management issues associated with the recommendation to note this report. External consultation No external consultation has been undertaken during preparation of this report. Conclusion The magnitude of the impacts of the 2019-20 Black Summer bushfires necessitated a thorough review of bushfire and emergency management policy and practice. Council supports the NSW Government's approach to establishing an independent expert inquiry to capture learnings from these events. The NSW Independent Bushfire Inquiry has provided important insight into the events of the 2019-20 summer. It is hoped that the Inquiry's

LOOKING AFTER PEOPLE Item 11, Ordinary Meeting, 23.02.21

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recommendations result in sensible, measured, and risk-based changes to the way bushfires and other emergencies are managed in NSW. While not emergency responders or firefighters, Councils are an important partner and supporting organisation in the prevention of, preparedness for, responding to, and recovering from major disasters. It is, therefore, necessary that the Inquiry's recommendations capture local government is useful for BMCC to analyse and assess potential policy changes relevant to these operations. By doing so, Council can position itself to adapt to modifications to the operating environment and proactively review its current practices to align, where possible, to the Inquiry's aspirations. Some of the recommendations relevant to the Council could have significant resourcing implications for Council. BMCC Staff will closely monitor potential policy developments, and once more detail becomes available, there may be a need for advocacy to State and Federal Governments to assist local governments so they can meet increased standards or requirements. Regardless of potential changes to relevant policy and practice, Council has and will continue to provide a high level of commitment to bushfire and emergency risk management to minimise threats to the community from bushfires occurring on Council land. Council will continue to work collaboratively with the Blue Mountains Bush Fire Risk Management Committee and Local Emergency Management Committee and will seek to implement best-practice risk management and community engagement actions so that the Blue Mountains can be well prepared for future events like the 2019-20 Black Summer.

* * * * * * * * * *

LOOKING AFTER PEOPLE Item 12, Ordinary Meeting, 23.02.21

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ITEM NO: 12 SUBJECT: MANAGEMENT OF GLORIA PARK PAVILION - RESULTS OF PUBLIC

NOTICE FILE NO: F13620 - 21/18849

Delivery Program Link Principal Activity: Looking After People Service: Libraries and Information

Recommendations: 1. That the Council notes the public exhibition process undertaken for its intention to

manage the Gloria Park Pavilion in Hazelbrook as a sportsground facility; 2. That the Council notes that no submissions were received from the public exhibition

process; and 3. That the Council proceeds with the change of management of the Gloria Park Pavilion

from a community building to a sportsground facility.

Report by Director Economy Place & Infrastructure Services: Reason for report This report provides Council with a summary of the public consultation undertaken on the proposal to change the management of the Gloria Park Pavilion from a Community Building to a Sportsground building. Background At the Ordinary Meeting of Council held on 25 August 2020, it was resolved:

1. “That the Council gives public notice of its intention to manage the Gloria Park Pavilion as a Sportsground Building, as described in this report; and

2. That the Council notes that a report will be brought back to Council following the public notice period.”

[Minute No. 249] This report provides Council with a summary of the outcomes of the Public Exhibition process as per Item 2 of Council’s resolution above. Public Notice Process The proposed change to the management of the Gloria Park Pavilion was publicly notified from 4 November 2020 until 12 January 2021 through:

Council’s Have Your Say website;

Blue Mountains Gazette Council Notices Section (4 November and 18 November);

Writing to identified users of the Pavilion.

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The public notice advised the community of the proposed change to the management of the Gloria Park Pavilion as as a Sportsground Facility, in the same manner as other buildings at Council’s sporting ovals. The proposed change of management will mean that the bookings of the pavilion space will be the responsibility of the Booking Officers who manage the oval bookings. This will greatly reduce the possibility of double booking the venue, but will not reduce the availability of the venue for community hire. Council received no feedback or public comments in relation to the change of management for the Gloria Park Pavilion building. Sustainability Assessment

Effects Positive Negative

Environmental Nil Nil

Social The change provides consistency and an equitable process amongst users of Council’s sporting facilities across the LGA.

Nil

Economic Reduced hire fees for sporting clubs. Reduced pavilion hire income for Council.

Governance The change will provide the opportunity to improve the administration of this facility, most closely aligned with the use of Gloria Park oval.

Nil

Financial implications for the Council As Council’s current Sportsground Hire and Use Handbook allows, with sufficient notice, for any sporting activity at any Blue Mountains sportsgrounds to be suspended for a community use booking, it is unlikely that there will be a reduction in the hire income from community bookings of the pavilion. However, seasonal hirers of the pavilion, such as the sporting clubs, will no longer be required to pay the oval link fee ($13 per day) for access to the pavilion resulting in a reduction in hall hire income for Council. Current fees collected for sporting use are in the order of $650 per annum. Legal and risk management issues for the Council There are no known legal or risk management issues for the Council in adopting the recommendations of this report. Conclusion Council currently operates the Gloria Park Pavilion as a Community Building. Council resolved to place the proposed change of management to a Sportsground building on public exhibition. The public exhibition process was conducted from November 2020 to mid-January 2021. Council received no feedback on the proposed change. It is therefore recommended that the Gloria Park Pavilion be managed as a Sportsground Building.

* * * * * * * * * *

USING LAND Item 13, Ordinary Meeting, 23.02.21

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ITEM NO: 13 SUBJECT: PLANNING PROPOSAL FOR BLUE MOUNTAINS LEP 2015 DRAFT

AMENDMENT 14 (HOUSEKEEPING AMENDMENT - MAPPING) FILE NO: F12701 - 20/237838

Delivery Program Link Principal Activity: Using Land Service: Land Use Management

Recommendations: 1. That the Council notes the advice provided by the Local Planning Panel on the Draft

Planning Proposal for Blue Mountains Local Environmental Plan 2015 Amendment 14;

2. That the Council endorses the Draft Planning Proposal for Blue Mountains Local Environmental Plan 2015 Amendment 14 prepared in accordance with the provisions of Section 3.33 of the Environmental Planning and Assessment Act 1979;

3. That the Council refers the Draft Planning Proposal to the Department of Planning,

Industry and Environment requesting a Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979;

4. That the Council processes the Planning Proposal in accordance with the Gateway

Determination issued under the provisions of Section 3.34 of the Environmental Planning and Assessment Act 1979;

5. That the Council receives a report, subject to Gateway determination, at the conclusion of

the notification period to enable consideration of submissions made to Blue Mountains Local Environmental Plan 2015 (Amendment 14); and

6. That the Council delegates to the CEO or her delegate the authority to make minor

amendments to the adopted Draft Blue Mountains 14 Local Environmental Plan 2015 (Amendment 14) that may arise after the formal adoption by the Council of this planning proposal, subject to such amendments maintaining the policy intent of the draft proposal.

Report by Director Environment & Planning Services: Reason for report The reason for this report is to seek endorsement to submit the Planning Proposal (enclosure 1) for draft Amendment 14 to Blue Mountains Local Environmental Plan 2015 (LEP 2015 Amendment 14). Background This Planning Proposal seeks to make a housekeeping amendment to mapping within LEP 2015 maps to correct errors and anomalies identified since LEP 2015 came into effect. The Draft Planning Proposal is Enclosure 1 to this report. The Local Planning Panel has provided advice as required by Section 9.1 of the EP&A Act 1979 and raised no issue with the draft planning proposal proceeding to Gateway Review.

USING LAND Item 13, Ordinary Meeting, 23.02.21

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LEP 2015 contains 41 map tiles, 15 map themes, and a total of approximately 400 individual map sheets. This is significantly more tiles and themes than most LGAs. This is due in part to the settlement pattern of the Blue Mountains, but also the significance of the natural setting of the City and the importance of mapping environmental constraints. Since the making of LEP 2015, a number of minor mapping anomalies were identified which led to a thorough review of the LEP 2015 maps. This planning proposal is the result of this review which followed a comprehensive and rigorous methodology to identify potential anomalies, researching the history and characteristics of each site, and then making recommendations for the necessary amendments. Each site and recommendation has been peer reviewed by senior staff. The errors and anomalies identified are typically a result of changes made during the finalisation of LEP 2015 following public exhibition, and include but are not limited to:

Provisions that were amended for one map theme without subsequent amendments made to other map themes

Inconsistencies in the application of provisions to land containing zone SP2 Infrastructure (typically RMS owned land related to the Highway widening)

Inconsistencies resulting from the translation of multiple LEPs (and associated mapping) into LEP 2015

Draft Planning Proposal This draft planning proposal seeks to make changes to 110 of Council’s LEP 2015 maps. Many of these are ‘consequential’ amendments due to changes to the provisions for one map theme being linked to provisions for other map themes which subsequently need to be amended. This has significantly increased the number of maps to be amended. A detailed assessment of each identified error or anomaly was undertaken, and is attached to the draft planning proposal. To manage the scale of the mapping review, each identified issue has been allocated an identifying number and grouped based on the map theme to which it relates. The assessment of identified issues are grouped and numbered as follows:

SECTION 1 Land Zoning – Assessment No.’s 1 to 10:

SECTION 2 Lot Size – Assessment No.’s 11 to 40;

SECTION 3 Height of Building – Assessment No.’s 41 to 70;

SECTION 4 Floor Space Ratio – Assessment No’s 71 to 80;

SECTION 5 Lot Averaging – Assessment No.’s 81 to 90; and

SECTION 6 Built Character – Assessment No.’s 91 to 100. It should be noted that issue numbers may not be consecutive due to some identified matters found to be correct and therefore are not included in this amendment.

In addition to the mapping amendments Council proposes one minor amendment to the written instrument (Assessment No. 91). This amendment will correct the reference to a precinct in Part 7.6 (12) of LEP 2015 from “Katoomba Precinct R3-KA12” to “Katoomba Precinct R1/R3-KA12”. To assist in identifying individual sites or areas that are subject to this amendment, Table 1 below lists all affected locations by suburb and address (or location where it affects a large number of sites). The table also provides the corresponding assessment number which can be viewed in the attachment to the planning proposal (Enclosure 1). Table 1 – List of sites included in the Planning Proposal arranged by village. * Notes a correction to an anomaly from LEP 1991 or LEP 2005 ** Notes correction to include Lot Averaging provision omitted from final Amendment 1 maps *** Correction to transfer development potential not captured in Amendment 10 (Consolidation)

USING LAND Item 13, Ordinary Meeting, 23.02.21

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Assessment

No. LOCALITY ADDRESS/LOCATION

Summary of issue/change

11 ***BELL 5-7 Bells Line of Road & adjacent sites Lot Size

LEP 2015 correction

1 *BLACKHEATH 16-24 Prince George Rd Zone

LEP 2005 correction

2 BLACKHEATH NP adjacent to, and including part of No.

3 Evans Lookout Rd Zone

LEP 2015 anomaly

3 BLACKHEATH 24, 26 & 28 Brightlands Rd Zone

LEP 2015 anomaly

4 BLACKHEATH Unnamed road off Valley View Road Zone

LEP 2015 anomaly

13 BLACKHEATH 174-184, 191, 199-201; 193-197 & 183-

189 Shipley Road Lot Size

LEP 2015 anomaly

14 BLACKHEATH Woodside Avenue and St Elmo Street Lot Size

LEP 2015 anomaly

16 BLACKHEATH 140 Station Street and 6 Bradley Street Lot Size

LEP 2015 anomaly

17 BLACKHEATH 44 Forest Park Road West Lot Size

LEP 2015 anomaly

43 BLACKHEATH Sutton Lane & Stockade Place Height of Building

LEP 2015 anomaly

44 BLACKHEATH 12 Forest Park Road Height of Building

LEP 2015 anomaly

37 BULLABURRA 338W- 341W GWH + part railway

corridor Lot Size

LEP 2015 anomaly

38 * BULLABURRA 52-58 & 60 Kent Street Lot Size

LEP 1991 correction

55 FAULCONBRIDGE 645 – 648 and 654 GWH Height of Building

LEP 2015 anomaly

9 * GLENBROOK 25A Cowdery Street and 26 Burfitt

Parade Zone

LEP 2005 correction

63 GLENBROOK 2, 4, 6, 8, 10 Ranch Avenue Height of Building

LEP 2015 anomaly

75 GLENBROOK 1 Wascoe St Floor Space Ratio LEP 2015 anomaly

32 HAZELBROOK Area north Mt View Road Lot Size

LEP 2015 anomaly

52 HAZELBROOK 4 & 6 Rosedale Avenue and 191 GWH Height of Building

LEP 2015 anomaly

59 HAZELBROOK 5 Clear View Rd & 147 – 151 GWH Height of Building

LEP 2015 anomaly

60 HAZELBROOK 1 Falcon St, 164 & 166-181 GWH Height of Building

LEP 2015 anomaly

5 KATOOMBA 44-50 Echo Point Road Zone

LEP 2015 anomaly

10 KATOOMBA 102 Cliff Drive Zone

LEP 2015 anomaly

15 KATOOMBA Land north of Mini-Haha Road Lot Size

LEP 2015 anomaly

18 KATOOMBA 38-48 Carlton Street and 51-61

Peckmans Road Lot Size

LEP 2015 correction

20 KATOOMBA 111, 113 Mort Street and adjacent road

reserve Lot Size

LEP 2015 anomaly

USING LAND Item 13, Ordinary Meeting, 23.02.21

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Assessment No.

LOCALITY ADDRESS/LOCATION Summary of

issue/change

45 KATOOMBA 273 Bathurst Road Height of Building

LEP 2015 anomaly

72 ** KATOOMBA 3 Lilianfels Avenue Floor Space Ratio

LEP 2015 correction

84 **KATOOMBA 119 – 133 Twynam Street Lot Averaging

LEP 2015 correction

85 ** KATOOMBA 24 & 26-30 Glenwattle Street Lot Averaging

LEP 2015 correction

91 KATOOMBA Renaissance Centre 10-14 Civic Place Built Character

LEP 2015 correction

71 KATOOMBA Katoomba Street and adjacent road

reserves Floor Space Ratio LEP 2015 anomaly

30 LAWSON Multiple lots along the highway &

Badgerys Crescent Lot Size

LEP 2015 anomaly

31 LAWSON 1 Queens Road and 241 GWH Lot Size

LEP 2015 anomaly

35 LAWSON 26-44 Somers Street Lot Size

LEP 2015 anomaly

53 LAWSON 8-22 Park Street Height of Building

LEP 2015 anomaly

64 LAWSON 304 Great Western Highway Height of Building

LEP 2015 anomaly

73 LAWSON Staples Street and adjacent road

reserves Floor Space Ratio LEP 2015 anomaly

92 LAWSON Various properties Yileena Ave, Honour

Ave & Benang Street Built Character

LEP 2015 anomaly

6 *LEURA 116 Sublime Point Road Lot Size

LEP 2015 correction

22 LEURA Part Mount Hay Road Lot Size

LEP 2015 anomaly

46 LEURA 1 Queens Road, 2, 2A & 2B Kings Road Height of Building

LEP 2015 anomaly

50 LEURA 19-211 Fitzroy Street Height of Building

LEP 2015 anomaly

86 ** LEURA 22 Denison Street & 19 Davidson Road Lot Averaging

LEP 2015 correction

7 LINDEN 162-164 Glossop Road Zone

LEP 2015 anomaly

54 LINDEN Part 783-789 GWH Height of Building

LEP 2015 anomaly

19 MEDLOW BATH 1-5, 9-15 & 45-51 Foy St and 132, 136,

154, 156 & 160-168 GWH Lot Size

LEP 2015 anomaly

42 MEDLOW BATH 16-56 Station Street Height of Building

LEP 2015 anomaly

83 MEGALONG VALLEY 381 Nellies Glen Road & Six Foot Track

Lot Averaging LEP 2015 anomaly

28 MOUNT IRVINE 2-58 Bowens Creek Road Lot Size

LEP 2015 anomaly

41 MOUNT VICTORIA 4 & 8-34 Darling Causeway

Height of Building LEP 2015 anomaly

39 * MOUNT VICTORIA 20 Benson Road

Lot Size LEP 1991 correction

29 MOUNT WILSON National Park (north Farrer Street) Lot Size

LEP 2015 anomaly

USING LAND Item 13, Ordinary Meeting, 23.02.21

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Assessment No.

LOCALITY ADDRESS/LOCATION Summary of

issue/change

81 MOUNT WILSON The Avenue, Mount Irvine Road &

Waterfall Road Lot Averaging

LEP 2015 anomaly

87 MOUNT WILSON 1-9 Phelps Road Lot Averaging

LEP 2015 anomaly

57 SPRINGWOOD 1-17 Park Avenue Height of Building

LEP 2015 anomaly

74 SPRINGWOOD Raymond Road & adjacent road

reserves Floor Space Ratio LEP 2015 anomaly

56 SPRINGWOOD & WINMALEE

multiple lots between 4 & 456

Hawkesbury Road Height of Building

LEP 2015 anomaly

58 VALLEY HEIGHTS 21-31 Tayler Road Height of Building

LEP 2015 anomaly

62 WARRIMOO 4-14, 32-48, 5-43 Florabella Street and

45 The Avenue Height of Building

LEP 2015 anomaly

23 WENTWORTH FALLS 37 Henderson Road

Lot Size LEP 2015 anomaly

24 * WENTWORTH FALLS Part 15 and part 13 Bellevue Road

Lot Size LEP 2005 correction

25 WENTWORTH FALLS Land adjacent to 3 Sandbox Road

Lot Size LEP 2015 anomaly

26 WENTWORTH FALLS Land adjacent to 158-170 GWH

Lot Size LEP 2015 anomaly

27 WENTWORTH FALLS

95 & 120 Great Western Highway & 40

Railway Parade Lot Size

LEP 2015 anomaly

47 WENTWORTH FALLS 74 Falls Road

Height of Building LEP 2015 anomaly

48 WENTWORTH FALLS 215-229 Tablelands Road

Height of Building LEP 2015 anomaly

49 WENTWORTH FALLS 1 Tablelands Road and 38 & 40 GWH

Height of Building LEP 2015 anomaly

51 WENTWORTH FALLS 59 Wentworth Street

Height of Building LEP 2015 anomaly

8 * WOODFORD 26 Old Bathurst Road Zone

LEP 2015 correction

36 WOODFORD 112, 110W,109W, 108W, 107W GWH +

78-79 Railway Parade Lot Size

LEP 2015 anomaly

61 WOODFORD 7 Taylor Road Height of Building

LEP 2015 anomaly

Next steps If endorsed as recommended, the Planning Proposal will be forwarded to the Department of Planning, Infrastructure and Environment (the Department) requesting a Gateway Determination. Following receipt of the Gateway Determination, Council officers will undertake State Agency and community consultation as required. The Gateway Determination will prescribe which agencies must be consulted on the Planning Proposal. It should be noted that the NSW Rural Fire Service is always required to be consulted prior to community consultation. For public exhibition, owners of all land affected by the Planning Proposal will be formally notified by mail. The period of exhibition will be in line with the requirements of the Gateway Determination and Council’s Community Participation Plan.

USING LAND Item 13, Ordinary Meeting, 23.02.21

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Following State agency consultation and public exhibition, council officers will review the comments received and prepare a report back to Council. The purpose of this report will be to advise Council of the outcome of this consultation, any proposed changes to the proposal post exhibition and seek adoption of the final planning proposal. Sustainability Assessment

Effects Positive Negative

Environmental This amendment seeks to correct anomalies that will result in correct and accurate mapping which assists landowners and Council officers.

Nil

Social Nil Nil

Economic Nil Nil

Governance The Planning Proposal will follow the Gateway process for consulting and review.

Nil

Financial implications for the Council All costs including staff time and resources required in the processing of this LEP amendment are accommodated within existing operational budgets. Legal and risk management issues for the Council There are no identified legal risk or management implications for the Council in the processing or making of this LEP amendment. To amend an LEP in the manner proposed, maintaining policy intent, reduces any potential risk for Council to be challenged due to incorrect mapping. External consultation External consultation has not yet been conducted however it will be undertaken as prescribed in the Gateway Determination issued by the Department. This will include notification to all affected land owners. Conclusion Draft Amendment 14 to LEP 2015 (enclosure 1) has been prepared to correct mapping anomalies and errors identified as part of a thorough review of LEP mapping. It is recommended that Council endorse the planning proposal for this draft LEP amendment to be submitted to the Department of Planning, Industry and Environment for Gateway Review under Section 3.34 of the Environmental Planning and Assessment Act, 1979. A Gateway Determination is required for this draft planning proposal to proceed to public exhibition. As outlined in this report, State agency consultation and public exhibition will be conducted in line with the requirements of the Gateway Determination and Council’s Community Participation Plan. Following which a report will be brought back to Council detailing the outcomes of this consultation and seeking adoption of the finalised Planning Proposal. ATTACHMENTS/ENCLOSURES

1 Planning Proposal Blue Mountains LEP 2015 (Draft Amendment 14)

21/24527 Enclosure

* * * * * * * * * *

USING LAND Item 14, Ordinary Meeting, 23.02.21

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ITEM NO: 14 SUBJECT: UPDATED COMMUNITY PARTICIPATION PLAN FOR ADOPTION FILE NO: F13620 - 21/8625

Delivery Program Link Principal Activity: Using Land Service: Land Use Management

Recommendations: 1. That the Council notes the matters raised in response to the public exhibition of the

revised Community Participation Plan;

2. That the Council adopts the updated Community Participation Plan (Enclosure 1), prepared in accordance with clauses 2.22 and 2.23 of the Environmental Planning and Assessment Act 1979 and publishes the Community Participation Plan on the NSW Planning Portal following the Ordinary Meeting of 23 February 2021;

3. That the Council notes development applications will no longer be notified through the

Blue Mountains Gazette, but a reference included in the newspaper to direct residents to the Council’s website for up-to-date status of applications; and

4. That the Council delegates authority to the Chief Executive Officer to make any minor

variations to the draft Community Participation Plan to correct drafting errors prior to the finalisation of the plan.

Report by Director Environment & Planning Services: Reason for report The report responds to submissions received and minor changes made to draft Community Participation Plan (CPP) following public exhibition, and seeks endorsement of the final CPP (Enclosure 1). Background At the Ordinary Council Meeting held on 24 November 2020, Council received a report on amendments required to the adopted CPP following changes to the Environmental Planning and Assessment Regulation 2000 (the Regulation), it was resolved in part;

“2. That the Council exhibits the draft Community Participation Plan in Enclosure 1 for a minimum of 28 days in accordance with Schedule 1 (Community participation requirements) of the Environmental Planning and Assessment Act 1979;”

[Minute No. 387]

The draft Community Participation Plan was subsequently exhibited for 28 days from 7 December 2020 to 22 January 2021, in accordance with Schedule 1 (Community participation requirements) of the Environmental Planning and Assessment Act 1979 (the Act).

USING LAND Item 14, Ordinary Meeting, 23.02.21

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A CPP is required under the Act to outline how and when planning authorities engage with the public about their planning functions. The aim of the CPP is to provide a single document that the public can access, which sets out all of a council’s community participation requirements for planning functions under the Act. This document incorporates mandatory minimum timeframes for development application notifications and strategic planning documents, and development application notification procedures. The first CPP for the Blue Mountains was adopted at the Ordinary Meeting of the Council 31 March 2020. Amendment to the Environmental Planning and Assessment Regulation As reported at the 24 November 2020 Ordinary Council Meeting, the Department of Planning and Industry (the Department) made amendments to the Regulation in April 2020 under delegation. These amendments were categorised by the Department as administrative in nature, rather than a change to policy, and were therefore not publicly exhibited by the Department for comment. The amendments to the Regulation has resulted in the following changes:

Redirection of the publication of notifications from newspaper to online, and

Removal of repetition by grouping public participation for designated development with State significant development, nominated integrated development, threatened species development and Class 1 aquaculture development.

The change from publication in a newspaper to notification on Council’s website is a significant shift, particularly in relation to the way development applications are currently notified. Development applications will no longer be advertised in the Blue Mountains Gazette. Rather, a reference will be included in the ‘communicator’ section of the newspaper, redirecting residents to access information on development applications from Council’s website. This aligns with recent legislative change and ensure residents have access to the most up to date information from Council’s website. Minor changes to the CPP Since publication of the original CPP for the Blue Mountains on the NSW Planning Portal, a small number of administrative errors (placement of information, spellings, etc) have been identified. None of the errors identified change the policy intent of the CPP. Review of submission One submission was received during public exhibition, from WaterNSW. The submission raised a number of procedural issues and corrections, as well as a request for explicit consideration of the concurrence role of WaterNSW in the CPP for development applications. There is a section in the CPP that states “written notice will be given to those public authorities that Council considers may have an interest in an application (other than concurrence authorities or other approval authorities)”. The issue raised by WaterNSW was that their role as a concurrence authority was not clear elsewhere. The sentence as written, clearly refers to non-concurrence related actions. This sentence will remain, as it allows Council actions outside those required by legislation, such as concurrence. In relation to explicitly listing concurrence roles or actions in the CPP, it is felt this is not in keeping with the general direction of a CPP. A review of a number of other adopted CPPs for other Councils show no mention of concurrence in those documents. Further, concurrence requirements can change and it would require regular updating of the CPP and this could become an administrative issue.

USING LAND Item 14, Ordinary Meeting, 23.02.21

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While the procedural issues and corrections identified in the submission have been included in the final version of the CPP (see table below) the request to state the concurrent role of WaterNSW in the development assessment process is not supported at this time. Summary of changes to the CPP The following table summarises amendments to be made to the CPP as a result of amendment to the Regulation and the minor corrections identified since original publication. The descriptor ‘housekeeping’ covers reasons such as spelling and grammar. The descriptor ‘consultation feedback’ indicates changes made as a result of the submission received. The updated CPP incorporates all the below changes at Enclosure 1. Page No. Amended Text Reason

Cover page Final February 2021 Housekeeping

Contents Updated to reflect heading changes Housekeeping

5 Replaced ‘section’ in the first line of the last paragraph with ‘plan’

Correct error

8, 10, 12, 17 Changed ‘in a local newspaper’ to ‘on the Council’s website’

Regulation amendment

9, Table 2, Row 1

Added ‘nominated integrated development, threatened species development’

Regulation amendment

9, Table 2, Row 1

Added State Significant Development Consultation feedback

9, Table 2, Row 1

Added ‘Application’ Correct error

9, Table 2, Row 6

Added the row to include ‘Application for category 1 remediation work under State Environmental Planning Policy No 55—Remediation of Land’ and ’28 days’ for the notification period

Consistency with Regulation

9, Table 2, Row 3-5

Corrected minimum exhibition time period to 28 days Consultation feedback

9, Table 9, Row 3

Removed ‘that is required to be exhibited by the regulations

Correct error

11 Added ‘nominated integrated development, threatened species development) to first paragraph

Regulation amendment

11 Moved ‘Erect a site notice containing the same written information as the written notice’ form first column to second column under heading relating to designated development

Correct error

11 Removed ‘designated’ from the third dot point in the second column.

Regulation amendment

13 Added the following dot points to the second column of notification content

A statement that, unless the Independent Planning Commission has conducted a public hearing, a person may appeal to the Land and Environment Court if the person makes a submission by way of objection and is dissatisfied with the determination of the consent authority to grant development consent,

A statement that, if the Independent Planning Commission conducts a public hearing, the Commission’s determination of the application is final and not subject to appeal.

Regulation amendment

13 Minor rewrite to amend the content requirements for designated development site notice

Regulation amendment

13 Added ‘or nominated integrated development’ after designated development in the last matter.

Regulation amendment

USING LAND Item 14, Ordinary Meeting, 23.02.21

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Adoption of Community Participation Plan As noted above, changes resulting from public exhibition and amendments to the Regulation have been made and incorporated into the final CPP at Enclosure 1. Should the Council adopt the CPP as per the recommendations of this report, it will be uploaded to the NSW Planning Portal where it will take effect from the upload date. Sustainability Assessment

Effects Positive Negative

Environmental Understanding the engagement process may encourage people to participate in plan making and development proposals that affect the environment

Nil

Social In preparing the draft CPP Council had regard to the community participation principles in the Act

Nil

Economic Nil Nil

Governance Accessible documentation that explains engagement procedures will continue to provide clarity for the public

Nil

Financial implications for the Council Council currently undertakes notifications consistent with the requirements of the Act and the Regulations and these are funded in the budget. Continuing newspaper publication of development applications will be an ongoing cost. Legal and risk management issues for the Council Council is fulfilling legal requirements under the Act by incorporating amendments into the CPP. External consultation Public consultation has been completed, with a single submission received from a State agency. This feedback has been considered and incorporated into the CPP where relevant. Conclusion Amendments to the Regulation in April 2020 have necessitated changes to Councils adopted CPP. As outlined in this report, the changes are a consequence of amendments made to legislation by the NSW government. Notwithstanding the Council or the public cannot influence these changes, the draft CPP was publicly exhibited in accordance with Minute No. 387 of the 24 November 2020 Ordinary Council meeting. The exhibited CPP also included a number of minor administrative updates as a housekeeping action. One submission was received, and resulted in some minor changes to the final CPP. It is recommended the amended CPP (Enclosure 1) be published on the NSW Planning Portal (as required by the Act) following adoption by the Council ATTACHMENTS/ENCLOSURES

1 Community Participation Plan 21/24322 Enclosure

* * * * * * * * * *

USING LAND Item 15, Ordinary Meeting, 23.02.21

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ITEM NO: 15 SUBJECT: KATOOMBA CIVIC CENTRE - BUILDING BETTER REGIONS 4 FILE NO: F13620 - 21/20482

Delivery Program Link Principal Activity: Sustainable Economy Service: Economic Development and Tourism

Recommendations: 1. That the Council notes that it is in the process of executing the Building Better Regions 4

(BBRF4) grant funding agreement;

2. That the Council notes that the BBRF4 program commits Council to a co-contribution of $750,000 in 2021/22; and

3. That the Council acknowledges the change of service for former Katoomba Library space

into the co-working space, in the process of being formalised through a Change of Use Development Application.

Report by Director Economy Place & Infrastructure Services: Reason for report Following an unsuccessful Expression of Interest process in 2018 that failed to secure a co-work space operator, officers continued to review opportunities to create a co-work space in the former library at Katoomba Civic Centre. An opportunity was identified through the Building Better Regions 4 grant-funding round late in 2019 and an application submitted. The funding offer was announced in June 2020, with the Councils application being awarded $750,000 as part of a total investment of $1.5m. At this time officers had to identify the required match funding, the delay between application and grant offer straddling the usual budgeting cycle. The means to progress this grant program has now been identified and the program is progressing. This report details the projects development and proposed delivery, to commence in Q4 2020/21. Background The establishment of Co-work space in Katoomba Civic Arcade was under active investigation, initially by Blue Mountains Economic Enterprise in 2016 and by Council from 2018. At the Ordinary Meeting of the Council on 20 September 2018 in considering a report detailing the Expression of Interest Outcomes into the establishment of Katoomba Civic Centre Precinct Co-Worker Hub, it was resolved:

“1. That the Council notes that the Expression of Interest process for the Co-Worker Space is now closed, with no applicant being awarded a lease for the establishment of a Co-Working Space;

2. That the Council notes the submission to the Regional Growth Fund seeking to

redevelop the existing Katoomba Town Centre Arcade and that a further Council

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report advising of the project will be provided should the initial application be successful; and

3. That the Council receives a report on other possible uses of the Katoomba Town Centre Arcade should the Regional Growth Fund application be unsuccessful, including other ways of delivering a co-worker space.”

[Minute No. 353]

This report respond to item 3 of the above resolution. It is worthwhile noting that the establishment of a Co-working facility in Katoomba is a nominated priority outcome in Council’s adopted Community Strategic Plan and Local Strategic Planning Statement. Building Better Regions 4 Grant (BBRF4) application Council applied to the BBRF4 program in December 2019, with notification received 9 June 2020 which identified a total $1.5M ($750K BMCC). The application focuses on revitalisation, mainly focusing on the creation of a co-work hub in the former library to be delivered 20/21 – 21/22. The project must be fully delivered by December 2022. Details of the funding elements are set out in Table 1 below.

Co-Work Space Activation / Beautification

Co-Work space establishment, including:

Fit out – desk, partitions, lockers

Flooring

Heating / cooling system

Digital connectivity

Security

Signage / Branding

Works throughout the precinct, including:

Art installations

Improved toilet facilities / layout

Outdoor furniture

Performance infrastructure

Precinct signage

Greenery / landscaping

Red canopy treatment

SUB TOTAL = $900,000 SUB TOTAL $600,000

TOTAL = $1,500,000 Note costs and final works may change.

Potential operating models have been investigated. A Council owned and operated model is recommended in the first instance, with fit out directed by co-work specialist. This will be subject to clarification through the delivery process. Cost establishment is currently estimated to be in the order of $900,000. A business case developed for the facility identifies initial return of approx. $10,000pa net income, on base case assumptions. It is anticipated that this return will increase over as the recognition of the space grows within the community. The project will also deliver significant social and economic benefit for Katoomba and activation of the site. Officers will engage with existing occasional users of the former library to identify suitable locations for their continued activity. The balance of the funding $600K will be used for site activation and revitalisation elements identified through community consultation. The BBRF4 grant funding agreement requires all works on site to be completed by December 2022. Officers have reviewed the different elements of the proposed program and are comfortably this can be achieved with a reasonable time contingency.

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A further grant application was made to the Bushfire Local Economic Recovery fund in January 2021. This application sought a significant investment to the precinct, targeting a major renewal of the built structures to assist its development as a planetary health hub. The application sought grant funding of $11.5million and the outcome is expected in March 2021. Sustainability Assessment

Effects Positive Negative

Environmental The creation of a co-working facility and associated works package makes best use of an underutilized precinct.

Nil

Social The proposal responds to recent community engagement and seeks to enliven and activate the precinct.

The establishment of the co-working facility will displace some existing precinct users.

Economic The Co-working facility will have a significant positive economic impact for the precinct and Katoomba more generally.

Nil

Governance The proposal delivers on strategic outcomes identified through the Community Strategic Plan and the Local Strategic Planning Statement.

Nil

Financial implications for the Council Match funding is allocated in 2021/2022 to enable this project to progress. The grant funding body requires all works to be completed by December 2022. Legal and risk management issues for the Council There are no know legal or risk management issues associated with the recommendations contained within this report. External consultation A community workshop and survey were undertaken in late 2020, the details and outcomes of which can be seen in Attachment 1. The proposals within this report broadly align with the outcomes expressed through community engagement to date. Community engagement will continue throughout the development and delivery of this program via the Council’s recently established projects office based in Unit 2 at the Civic Centre. Conclusion Securing BBRF4 funding enables the delivery of a Co-worker Space within Katoomba Civic centre, providing much-needed economic stimulus at the heart of town. In addition, a package of complimentary works will improve the amenity and comfort of the precinct whilst enabling activation of this currently underutilised resource. The community has been engaged in the development to date and will be involved as the detailed designs progress and the project is implemented. ATTACHMENTS/ENCLOSURES

1 Katoomba Civic Centre Community and Business Engagement

21/31365 Enclosure

* * * * * * * * * *

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ITEM NO: 16 SUBJECT: LOCAL TRAFFIC COMMITTEE MINUTES - 8 DECEMBER 2020 FILE NO: F01211 - 21/19600

Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access

Recommendations:

1. That the Council receives the Minutes for the Local Traffic Committee (LTC) of 8 December 2020; and

2. That the Council approves the recommendations from the LTC meeting Minutes of 8

December 2020 as follows:

a. 2020:98 Hat Hill Rd and Inconstant St, Blackheath – Installation of ‘No Stopping’ Signage

b. 2020:99 Inconstant St and Gardiner Cres, Blackheath – Intersection Improvements

c. 2020:100 Intersection of Bundarra St and Station St, Blackheath – ‘KEEP CLEAR’ Pavement Markings

d. 2020:101 Camp St, Katoomba – Installation of ‘No Stopping’ (C3) Line Marking

e. 2020:102 Cooper St, Katoomba – Installation of ‘No Stopping’ Signage f. 2020:103 Nellies Glen Rd, Katoomba – One-way Restrictions and ‘Stop’

Signage Installation g. 2020:104 66-68 Megalong St, Katoomba – Installation of ‘No Stopping’

Signage h. 2020:105 Civic Pl and Station St, Katoomba – Installation of ‘No Stopping’

Signage i. 2020:106 Dantes Ave and Eunoe St, Katoomba – Intersection

Improvements j. 2020:107 Sublime Point Rd, Leura – Installation of ‘No Buses’ Signage k. 2020:108 Gordon Rd and Leura Mall, Leura - Installation of Median Island

Stop Treatment l. 2020:109 Scott Ave, Leura - Traffic Calming Scheme Implementation m. 2020:110 Lawson View Pde, Wentworth Falls – Installation of ‘No Parking’

Signage n. 2020:111 Pitt Park, Wentworth Falls – Parking Bay Line Markings o. 2020:112 Blaxland Rd, Wentworth Falls – Road Safety Improvements p. 2020:113 Blaxland Rd and Sinclair Cres, Wentworth Falls - Installation of

Median Island Stop Treatment and Traffic Calming q. 2020:114 Honour Ave, Lawson – Installation of Parking Lane and Edge

Line Markings r. 2020:115 Boland Ave, Springwood – Installation of ‘No Stopping’ Signage s. 2020:116 Intersection of Grose Rd with Douglas St and Chapman Pde,

Faulconbridge – Installation of Speed Cushions, Medians and Associated Signage

t. 2020:117 Shelton Ave, Winmalee – Installation of ‘No Stopping’ Signage u. 2020:118 Railway Pde, Warrimoo – Formalisation of the One-way Service

Road

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v. 2020:119 Baden Pl, Blaxland – Installation of ‘No Stopping’ (C3) Line Marking

w. 2020:120 Matthew Pde, Blaxland – Delineation of Bend and ‘No Stopping’ Signage Installation

x. 2020:121 Intersection of Wascoe St and Ross St, Glenbrook – Installation of ‘No Stopping’ Signage

y. 2020:122 Peel St, Glenbrook – Installation of ‘No Stopping’ (School Times) Signage

z. 2020:123 Mitchells Pass and Glenbrook Rd, Glenbrook – Installation of ‘No Stopping’ Signage

aa. 2020:124 Adele Ave and Great Western Hwy, Wentworth Falls – Installation of Trucks Prohibited Signage

bb. 2020:125 Governors Dr, Lapstone – Installation of Bridge Load Limit

Director Economy Place & Infrastructure Services: Reason for report Attached to this report are the Minutes of the Local Traffic Committee (LTC) meeting held on 8 December 2020 (see Enclosure 1). The recommendations of the LTC are submitted to the Council for adoption and/or noting, where applicable. Summary of Items Item 2020:98 - Hat Hill Rd and Inconstant St, Blackheath – Installation of ‘No Stopping’ Signage Concerns were raised about poor sight distances due to parked vehicles at the intersection of Hat Hill Road and Inconstant Street. This is a skewed X-intersection with a crest just east on Hat Hill Road and given the poor sight distances, a stop control exists at the Inconstant Street approaches. Aerial imagery and site inspections reveal kerbside parking along the Hat Hill Road approaches in the eastbound and westbound further reduces driver sight lines. It is recommended to:

Install ‘No Stopping’ signage around the southeast and northwest corners of the intersection to prevent parking in dangerous positions, improve sight distance and safety.

Item 2020:99 - Inconstant St and Gardiner Cres, Blackheath – Intersection Improvements Council proposes improvements to delineation and traffic safety at the intersection of Inconstant Street and Gardiner Crescent as a result of community concerns. The intersection of Inconstant Street and Gardiner Crescent currently features no warning signage and is on an angled approach (Y-intersection). It has been observed that sight distances are limited because of the road geometry and foliage. Vehicles have been pulling out without stopping and near collisions have been reported. It is recommended to:

Install a ‘Give Way’ sign at the intersection to prevent vehicles from travelling through the intersection without slowing down or giving way.

Install 20 metres of dashed line, 10 metres of double barrier line and 10 metres of edge line to reinforce the conditions.

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Item 2020:100 - Intersection of Bundarra St and Station St, Blackheath – ‘KEEP CLEAR’ Pavement Markings The community raised concerns about queuing across the intersection of Bundarra Street and Station Street, which is located adjacent to the Bundarra Street and Great Western Highway intersection. Motorists are required to cross a level crossing when travelling between the two locations. Queuing tends to occur across Bundarra Street when travelling eastbound, which consequently prevents westbound right turn movements from Bundarra Street into Station Street. This creates a risk of queuing across the level crossing and the signalised intersection of Bundarra Street and the Great Western Highway. This behaviour is exacerbated by increased traffic volumes, particularly on weekends and holiday periods. It is recommended to:

Install ‘KEEP CLEAR’ markings to enforce the existing road rule and prevent eastbound queuing across the Bundarra Street.

Item 2020:101 - Camp St, Katoomba – Installation of “No Stopping” Yellow Line Marking A resident has requested the provision of no stopping restrictions and a review of the current parking arrangements on Camp Street, between Mort Street and Albion Street. Camp Street is a local road with a carriageway width of seven metres and is a two-way road between Mort Street and Albion Street. Presently, it features no signage or delineation. It has been observed that this road has become attractive to workers and shoppers who frequently park on both sides of the road. It is recommended to:

Install C3 “No Stopping” yellow line marking along the northern side of Camp Street to improve the traffic flow, parking arrangement and facilitate egressing vehicles from the driveways.

Consultation with residents and businesses will be conducted before the installation of the proposed treatment as there will be changes to the current parking arrangement at the nominated location. Item 2020:102 - Cooper St, Katoomba – Installation of ‘No Stopping’ Signage A resident has requested the provision of ‘No Stopping’ signage in Cooper Street, west of Whitton Street. Cooper Street is a local road with a variable carriageway width of five to six metres and is a two-way road at the location of interest. Currently, the road does not feature any signage or delineation. It has been observed that this road becomes attractive to nearby workers and shoppers who frequently park on both sides of Cooper Street, especially on the northern kerbside. It is recommended to:

Install ‘No Stopping’ signage along the southern kerbside of Cooper Street, on the upper side of the loop, to improve the traffic flow and facilitate egressing vehicles from adjacent driveways.

Consultation with residents will be conducted before the installation of the proposed treatment as changes will occur to the current parking arrangement at the nominated location.

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Item 2020:103 - Nellies Glen Rd, Katoomba – One-way Restrictions and ‘Stop’ Signage Installation Residents have raised concerns about vehicle conflict and a lack of maneuvering room at the intersection of Nellies Glen Road and the Great Western Highway. This intersection is a left in and left out skewed intersection with a highly acute junction angle. From observations, motorists turning left onto the Great Western Highway must encroach the opposing lane to achieve the tight turning movement and subsequently, creates a risk of conflict and/or queuing on the Great Western Highway. Furthermore, the Nellies Glen Road approach features a four metre width roadway to accommodate for bidirectional traffic and as such, opposing vehicles struggle to pass each other. Hence, this can result in reversing movements. This intersection provides vehicle access to the popular Six-Foot Walking Track, thus accommodates for moderate traffic volumes. It is recommended to:

Install one-way restrictions (westbound direction) 50 metres from the intersection on Nellies Glen Road, accommodating for left turn in movements off the Great Western Highway. This change will improve safety at this location by reducing the potential for vehicle conflict and aid traffic flow.

Install a ‘Stop’ sign and associated delineation at Explorers Road and Great Western Highway intersection to support the one-way restriction on Nellies Glen Road.

Consultation with residents, businesses and property owners within the affected catchment will be conducted prior to installation. Item 2020:104 - 66-68 Megalong St, Katoomba – Installation of ‘No Stopping’ Signage Council has received a request for the installation of two ‘No Stopping’ signs outside the bus depot at 66-68 Megalong Street. Recently, vehicles have been parking close to the bus depot exit, which is making it difficult for buses to turn out onto the street. It is recommended to:

Install ‘No Stopping’ signs on Megalong Street to allow buses easy access into the bus depot.

Item 2020:105 - Civic Pl and Station St, Katoomba – Installation of ‘No Stopping’ Signage A resident has requested the installation of ‘No Stopping’ signs at the intersection of Civil Place and Station Street, opposite the Masonic Hall at the Peace Park boundary. Recently, Rangers had to attend this location as people were parking too close to the double barrier lines while attending Court or classes at the Masonic Hall. This is dangerous as people drive around the corner quickly. Also, increased kerbside parking on Station Street has caused oncoming vehicles to cross the double barrier lines with the current lane width being 4.25 metres for the northbound movement. It is recommended to:

Install ‘No Stopping’ signs, 30 metres apart on Station Street near the intersection to improve safety and prevent motorists parking in dangerous positions.

Item 2020:106 - Dantes Ave and Eunoe St, Katoomba – Intersection Improvements Council proposes improvements to delineation and traffic safety at the intersection of Dantes Avenue and Eunoe Street due to community concerns.

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The intersection features a ‘Give Way’ sign and is on a straight approach with limited sight lines on the eastern approach. It has been observed that sight distances are limited because of the narrowness of the road, the adjacent buildings and foliage. It is recommended to:

Install a ‘Stop’ sign to prevent vehicles from travelling through the intersection without stopping.

Install 5.5 metres of stop line at the intersection to further reinforce the conditions.

Prune the foliage near the proposed ‘Stop’ sign location on Dantes Avenue. Item 2020:107 - Sublime Point Rd, Leura – Installation of ‘No Buses’ Signage Council proposes the installation of a ‘Buses Prohibited’ and a right ‘Arrow’ sign on Sublime Point Road to deter coaches and large buses from using the constrained turning area at Sublime Point Lookout. A resident has called Council with a complaint of large coaches getting stranded within the Sublime Point Lookout area due to the narrow lane width of the car park. On numerous occasions, the resident had to assist coaches in reversing back up Sublime Point Road to a more practical location for a three-point turn. It is recommended to:

Install a ‘Buses Prohibited’ sign with custom words “No buses over 10m beyond this point” and an ‘Arrow’ (right symbolic) sign 5 metres southwest of the driveway of property number 6 to improve safety for road users and prevent large buses getting stranded within the Sublime Point Lookout area.

Item 2020:108 - Gordon Rd and Leura Mall, Leura - Installation of Median Island Stop Treatment The NSW Safer Roads Program is designed to improve roads and roadsides with a higher crash risk and incidence of high severity crash types based on crash data in the last five years. The Gordon Road and Leura Mall intersection was successfully selected for this Program and was subject to an iterative concept design phase between Transport for NSW and TPE Consulting, a traffic engineering company. A swept path analysis was also included to ensure large vehicles are not impacted. These designs are at the detailed design (90%) phase. Currently, there are ‘Stop’ signs and associated line marking located at the Gordon Road approaches. However, existing treatments are not adequate as vehicles are failing to stop and give way. It is recommended to:

Implement a median island stop treatment to further enhance the intersection, improve sight lines and delineation.

Include a pedestrian walk through and supplementary facilities to ensure footpath connectivity along Leura Mall.

Notification with affected residents in regards to the intersection changes will be undertaken before the installation of these measures. Item 2020:109 - Scott Ave, Leura - Traffic Calming Scheme Implementation The Australian Government Black Spot Program targets specific road locations where crashes are occurring by funding measures to reduce the risk of further crashes occurring.

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Scott Avenue, between Gladstone Road and the Great Western Highway, was successful in obtaining funding for speed mitigation works due to high speeding rates and several off road and head on crashes occurring in the last five years. There were several design phases and was subject to an iterative process between Transport for NSW and TPE Consulting. Currently, it is a two-way undivided road with existing edge and double barrier line markings along most of the road length. Scott Avenue is a popular route to access Leura off the Great Western Highway that consists of a number of bends and crests. The existing environment is not adequate and are not slowing vehicles down. It is recommended to:

Install six raised thresholds that are flat topped and sympathetic to cyclists and bus movements to reduce speeds.

Install line marking to enhance the Russell Road / Scott Avenue intersection for improved delineation.

Notification with affected residents in regards to the intersection changes will be undertaken before the installation of these measures. Item 2020:110 - Lawson View Pde, Wentworth Falls – Installation of ‘No Parking’ Signage A resident has raised concerns about vehicles parking in the turning head at the end of Lawson View Parade. Vehicles occasionally park within the turning head to access the walking trails and consequently reduce the maneuvering room for heavy vehicles that wish to turn around. It is recommended to:

Install ‘No Parking’ signage at the turning bay to allow for sufficient maneuvering room and prevent parking.

Item 2020:111 - Pitt Park, Wentworth Falls – Parking Bay Line Markings A resident has requested the provision of signage at Pitt Park car park to deter trucks from parking sideways along the vacant parking spaces, especially at the eastern section. Trucks are presently reducing the capacity of parking when more than one space is occupied. Pitt Park is located north of Matcham Avenue and provides off-street parking spaces to sportsground users, nearby employees, school students and visitors. It features no signage or marked parking bays. It has been observed that Pitt Park has become an attraction for locals and visitors who enjoy walking and training with their pets during morning and afternoon periods. Additionally, it was observed that trucks, buses and some vehicles are regularly parking on the nature strip and sideways within the paved area. It is recommended to:

Delineate and paint angled, 45 degrees and right-angled bays (90 degrees), to change and reorganise the current parking arrangement in Pitt Park to guide motorists to park safely in the bays and maximise the parking capacity.

Install directional signage and paint pavement arrows to highlight the entry and exit points to reduce ambiguity, especially during sporting events.

Item 2020:112 - Blaxland Rd, Wentworth Falls – Road Safety Improvements Council requested TPE Consulting to conduct a review to determine safety improvements that can be installed to mitigate the crash risk on Blaxland Road, between Bellevue Road and Westbourne Avenue. This included a site assessment, crash data analysis for the last five years and traffic volume / speed data analysis.

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Blaxland Road is a two-way local road that is divided with double barrier lines between Bellevue Road and Westbourne Avenue. The posted speed limit is 50km/hour with one school zone west of Blaxland Road in Lake Street near Kindlehill School. The section of road is approximately 460 metres long and is primarily composed of a footpath on the southern side and relevant property accesses. It is recommended to:

Install retro-raised reflective pavement markers along the double barrier line.

Install edge line on both sides of the road where convenient with retro-raised reflective pavement markers

Refurbish all the holding lines and double barrier lines for the whole study area.

Repair all the pot holes on the road.

Trim all the plants to clear the footpath at the bends, especially north of Lake Street. Item 2020:113 - Blaxland Rd and Sinclair Cres, Wentworth Falls - Installation of Median Island Stop Treatment and Traffic Calming The NSW Safer Roads Program is designed to improve roads and roadsides with a higher crash risk and incidence of high severity crash types based on crash data in the last five years. The Sinclair Crescent and Blaxland Road intersection was successfully selected for this Program and was subject to an iterative concept design phase between Transport for NSW and TPE Consulting. A swept path analysis was also included to ensure large vehicles are not impacted. These designs are at the detailed design (90%) phase. Currently, there are ‘Stop’ signs and associated line marking located on the Sinclair Crescent approach to Blaxland Road. There is also a rail overline bridge in close proximity to the intersection where cars tend to speed on the approach and departure of the bridge. Existing treatments are not adequate as vehicles are failing to stop and give way. It is recommended to:

Implement a median island stop treatment to further enhance the intersection, improve sight lines and delineation.

Include a pedestrian walk through and supplementary facilities to ensure footpath connectivity along Blaxland Road.

Install a flat top raised threshold to slow down traffic approaching and leaving the bridge.

Notification with affected residents in regards to the intersection changes will be undertaken before the installation of these measures. Item 2020:114 - Honour Ave, Lawson – Installation of Parking Lane and Edge Line Markings A resident has requested the provision of edge line markings near the shops adjacent to Honour Gardens in Honour Avenue, between Queens Oak Street and the Great Western Highway. Honour Avenue is a local one-way road with a carriageway width of 8.5 metres at the location that is under investigation. The road features no signage or delineation and is connected to the Great Western Highway to the north. It has been observed that this road becomes an attraction for tourists, especially those who target bushwalking at the bottom of Honour Avenue. Additionally, shoppers park on both sides of the road between Queens Oak Street and the Great Western Highway.

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It is recommended to:

Install parking lane markings to differentiate the parking lane with the travel lane while giving a perception of a narrower travel lane which may reduce speeds.

Install edge line markings to assist motorists to determine the edge of the road when lighting is significantly low.

Item 2020:115 - Boland Ave, Springwood – Installation of ‘No Stopping’ Signage Council received concerns from the residents of Boland Avenue regarding on-street parking that creates access, driver visibility and waste collection issues. Boland Avenue is a two-way seven-metre-wide local cul-de-sac road that intersects with the Great Western Highway. When vehicles are parked on both sides of the road, this effectively reduces the travel lane width to three metres for a two-way traffic flow. Vehicles are also observed to be parking close to the intersection and near the bend on Boland Avenue which creates safety issues around access and sight lines. It is noted that the road slopes downwards between the Great Western Highway and the bend. Additionally, Council’s Waste Collections Team have raised access issues due to the narrow road when both sides of the road have parked vehicles. This means that properties are unable to be serviced. It is recommended to:

Install ‘No Stopping’ signs on the western side of the road, between the intersections to the driveway of property number 8, to ensure safe vehicular access and movements.

Install ‘No Stopping’ signs on the eastern side of the road, between the intersection to the property boundary of numbers 5 and 7, to improve visibility.

Prior to installation, consultation with the residents will be conducted before the installation as there will be a loss of on-street parking. Item 2020:116 - Intersection of Grose Rd with Douglas St and Chapman Pde, Faulconbridge – Installation of Speed Cushions, Medians and Associated Signage Local residents raised speeding concerns and a request for the reinstallation of speed cushions at the intersection of Grose Road and Douglas Street, as well as the Grose Road and Chapman Parade roundabout. Grose Road is a local street with a carriageway width of ten metres. It is delineated with on-street parking and provides local access from the Great Western Highway. There are sections of 40km/hour school zones on Grose Road south of Chapman Parade and north of Douglas Street. At the roundabout, there is a median island with a pedestrian walk through gap at the eastern leg at the intersection of Grose Road and Chapman Parade. Recent speed and volume data reveals that a proportion of vehicles are driving contrary to the posted speed limit, despite the 85th percentile speed being 51 km/hour in both directions. From site inspections, the deflection angle for vehicles turning left from Grose Road onto Chapman Parade at the roundabout is not sufficient to substantially reduce the speed of approaching vehicles. It is noted that speed cushions were installed on Grose Road but in 2015, the speed cushions were illegally removed by an unknown person and it was unjustified. As a result, two injury crashes occurred in 2018 and 2019 with speed being a prevailing factor.

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It is recommended to:

Install speed cushions that are sympathetic to buses on all approaches of the roundabout along with associated advisory signs to manage speed and support pedestrian activity.

Reinstate the speed cushion that are sympathetic to buses in both directions and medians on Grose Road, north of Douglas Street and south of the intersection to slow vehicles down.

Consultation be undertaken with affected residents regarding the proposed measures. Item 2020:117 - Shelton Ave, Winmalee – Installation of ‘No Stopping’ Signage A resident raised pedestrian safety concerns on Shelton Avenue as vehicles are often parked on the footpath. Shelton Avenue is a two-way six-metre-wide local road with a footpath located only on the northern side of the road between White Cross Road and Stapylton Street. This road is located on the southern boundary of the Winmalee Village and thus, there is a moderate to high parking demand. It was observed that vehicles are parked on the footpath and vulnerable users, such as parents with prams, do not have safe access. It is noted that under the NSW Road Rule 208, drivers must position the vehicle so that it does not obstruct the path of other vehicles or pedestrians. It is recommended to:

Install ‘No Stopping’ signs on the northern side of Shelton Avenue to ensure safe pedestrian access and improve safety.

Item 2020:118 - Railway Pde, Warrimoo – Formalisation of the One-way Service Road Residents on Railway Parade are concerned about the conflict between opposing vehicle movements along the service road that provides access to numbers 220 to 248 in Warrimoo. This service road is approximately 210 metres in length, 3.8 metres wide and features very little yielding room for opposing vehicles to pass, particularly when vehicles are parked on the verge. Consequently, in the case of opposing vehicle movements, one vehicle may be required to reverse to enable passing. This creates a risk of conflict and is a safety concern. It is recommended to:

Install a ‘One Way’ sign at the northern intersection, ‘No Entry’ sign at the southern intersection and associated pavement markings to remove driver confusion, clarify the existing road rule and reduce the risk of conflict.

This item was NOT SUPPORTED by the LTC as further consultation with residents was recommended as concerns over the proposed one-way direction and speeding were raised at the initial consultation stage. Item 2020:119 - Baden Pl, Blaxland – Installation of “No Stopping” (C3) Line Marking A resident raised concerns regarding parking during pick-up / drop-off periods at Blaxland Public School. At Blaxland Public School there is a U-shaped one-way bay to facilitate bus and parent / carer pick-ups / drop-offs that includes a ‘Bus Zone’ and ‘No Parking’ restrictions on the outer kerbside. The bay is located off Baden Place and is 80 metres west of the Great Western Highway. Currently, parents and carers are stopping adjacent to the centre median island when picking-up / dropping-off students which is blocking the travel path and creating congestion for the circulating movements. This behaviour also creates a safety concern as students are required to cross the roadway to access the school entry.

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It is recommended to:

Install C3 “No Stopping” yellow line markings around the central median island to ensure clear passage of travel for circulating vehicles and improve safety around pick-up / drop-offs.

Blaxland Public School will be notified of these measures prior to installation. Item 2020:120 - Matthew Pde, Blaxland – Delineation and ‘No Stopping’ Signage Installation A resident raised concerns around dangerous parking and congestion along the bend at Matthew Parade. Matthew Parade is nine metres wide and features a 90-degree bend between properties 42 and 48. Site inspections and aerial imagery reveal that parking occurs regularly at this bend, which subsequently impacts sight distance and manoeuvrability. This is particularly the case for service vehicles during waste collection. It is recommend to:

Install ‘No Stopping’ signs on both sides of the road between properties 42 and 48 to improve sight lines and ensure adequate room for manoeuvrability.

Install double barrier centre line marking to reduce conflict between opposing movements and improve road safety.

Consultation with affected residents will be undertaken prior to installation. Item 2020:121 - Intersection of Wascoe St and Ross St, Glenbrook – Installation of ‘No Stopping’ Signage Council has received concerns from the community regarding parking at the Wascoe Street and Ross Street intersection. This intersection is within the Glenbrook Town Centre and receives a moderate to high parking demand. Vehicles are occasionally observed parking within ten metres from the intersection along Wascoe Street, which reduces manoeuvrability and sight distance. It is noted that ‘No Stopping’ signage already exists along Ross Street. It is recommended to:

Install ‘No Stopping’ signs on Wascoe Street to reinforce the statutory ten metre no stopping distance at the intersection and prevent illegal parking.

Install 12 metres of dividing separation line marking along the Wascoe Street approach to help segregate left and right turning movements given the wide lane width.

Item 2020:122 - Peel St, Glenbrook – Installation of ‘No Stopping’ (School Days) Signage A resident has notified Council that the cul-de-sac section of Peel Street in Glenbrook has been largely destroyed due to its use as a car park by the Glenbrook Public School staff and parents. This issue has worsened in recent years due to the advent of large four wheel drives and SUV vehicles, which are destroying any grassed areas. Also, the resident claims that the school has up to ten staff vehicles parked in the street each day. On top of this, there are multiple comings and goings of parents in vehicles that are damaging the road and grass surfaces. This makes it difficult for residents to enter and exit their properties.

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It is recommended to:

Install ‘No Stopping’ (School Days)’ signs with the time restrictions of 8-9:30am and 2:30-4:00pm to better control parking behaviour and improve the amenity for local residents during school times.

This item was NOT SUPPORTED as the LTC requested for an audit for the school precinct to be completed. Item 2020:123 - Mitchells Pass and Glenbrook Rd, Glenbrook – Installation of ‘No Stopping’ Signage A resident has raised concerns of dangerous parking and poor sight distances at the intersection of Mitchells Pass and Glenbrook Road. Parking was observed on the verge fronting number 55 Mitchells Pass that subsequently reduces approach sight distances at the intersection, particularly for vehicles turning right into Mitchells Pass from Glenbrook Road. A review of the aerial imagery and site inspections reveal that this parking behaviour occurs regularly and presents a safety concern, given the reduction in the safe sight stopping distance. It is recommended to:

Install ‘No Stopping’ signs adjacent to number 55 Mitchells Pass to improve approach sight distance at this intersection.

Prune the vegetation within the verge area to further improve sight distance. The property owners of number 55 Mitchells Pass will be notified prior to installation. Item 2020:124 - Adele Ave and Great Western Hwy, Wentworth Falls – Installation of Trucks Prohibited Signage The Open Space and Recreation Team and Council Rangers have raised concerns regarding heavy vehicles using the Pitt Park car park as an informal layover area and safety concerns for other user groups as a result. Due to increased heavy vehicle activities, this is causing unnecessary wear and tear on the road edges on Matcham Avenue and Adele Avenue. Council Rangers have attempted to resolve these issues in the past but due to no formal signage, no enforceable actions could be taken. It is recommended to:

Install a trucks prohibited sign at the entrance of Adele Avenue with a Gross Vehicle Mass (GVM) limit of 23 tonnes.

Install advanced trucks prohibited signage will be installed on both approaches of the Great Western Highway along with ‘Over 23T GVM’ and ‘On Adele Ave’ signage to warn drivers. This recommendation will be subject to Transport for NSW’s review and approval.

Before the installation of these measures, the Blue Mountains Grammar School and bus company will be notified. Item 2020:125 - Governors Dr, Lapstone – Installation of Bridge Load Limit In 2017, it was reported that higher mass vehicles would exit the Great Western Highway and use Governors Drive including the Bridge, which is not part of the Transport for NSW approved route for heavy vehicles. It is understood that these vehicles may have potentially missed the exit off the Great Western Highway to get onto Russell Street and were attempting to turn around using the Governors Drive exit. Council referred this matter back to Transport for NSW to update the communications to heavy vehicle drivers.

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Subsequently, a Level 3 Bridge Inspection was undertaken in 2017 and found that the Bridge is in good condition. A load assessment was conducted as part of the inspection which indicated that the structure has sufficient capacity for MS18 vehicle loading (equivalent to a 32 tonne truck) but would be deficient for High Mass Limit (HML) vehicles. Hence, it was recommended to implement a 30 tonne load limit on Governors Bridge as a result of past heavy vehicle usage. This will not impact the current use of this Bridge by residents, buses, waste collection vehicles, general purpose delivery vehicles or other vehicles that are typical of a local residential area. It is recommended to:

Install ‘Bridge Load Limit 30t Gross’ signs on Governors Drive on both ends of the Bridge.

Install bridge load limit warning signs on the Great Western Highway and at the intersection of Explorers Road with Governors Drive to warn drivers of the load limit. The signage on the Great Western Highway will be subject to Transport for NSW’s review and approval.

Consultation will be undertaken with residents where signage locations are in close proximity to residential properties. In addition to the recommendations, the LTC suggested an investigation to install one standard advisory sign for the grade of the road on Governors Drive travelling northbound, before the Bridge. Sustainability Assessment

Effects Positive Negative

Environmental Improved guidance and safety for roadway environment.

Nil

Social Improved safety and access for road users. Nil

Economic Reduced incidence of road crashes will reduce costs to the community for property damage, personal injury and fatalities. Improved traffic guidance will provide more cost effective accessibility.

Nil

Governance Complies with requirements for the Council to obtain the advice and recommendations of the LTC prior to exercising delegated powers to approve traffic regulations and management of the local road network under the Transport Administration Act (NSW,1989) and the Roads Act (NSW, 1993).

Nil

Strategic context The Local Traffic Committee is in accordance with the Move Objective 5.2 “The City has a safe, well designed and maintained network of roads. Financial implications for the Council Where possible, the implementation of recommended actions will be accommodated from within existing operational budgets. In the event of works being unable to be funded within operational budgets, such works will be assessed and scheduled into future Asset Works Programs as appropriate. Legal and risk management issues for the Council There are no legal or risk management issues from adopting or noting the recommendations of the LTC.

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External consultation External consultation was undertaken with residents and businesses as explained within this report. Conclusion The recommendations of the LTC are submitted to the Council for approval and/or noting, as appropriate. ATTACHMENTS/ENCLOSURES

1 Enclosure 1 - Local Traffic Committee Minutes - 8 December 2020

21/19479 Enclosure

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NOTICES OF MOTION

NOTICES OF MOTION Item 17, Ordinary Meeting, 23.02.21

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ITEM NO: 17 SUBJECT: SEEKING IMPROVED DESIGN FOR THE INTERSECTION AT KIDMAN

STREET, RAILWAY STREET AND THE GREAT WESTERN HIGHWAY IN BLAXLAND

FILE NO: F13620 - 21/12399

Delivery Program Link Principal Activity: Moving Around Service: Transport and Public Access

Notice of Motion by Councillor Greenhill:

1. That the Council notes the intersection with the Great Western Highway around the

Lapstone Hotel at Blaxland;

2. That the Council notes the occurrence of frequent bottlenecks with traffic turning off the Great Western Highway onto Kidman Street, Blaxland;

3. That the Council notes this is a busy and dangerous intersection where many near

misses occur and calls on Transport for NSW (TfNSW) to consider measures to improve it;

4. That the Council writes to Andrew Constance MP calling for a meeting between TfNSW

and Council staff to consider options; and 5. That the Council receives a briefing on the outcomes of this discussion.

Background provided by Councillor Greenhill:

Nil provided. Councillor comment on funding Nil provided.

Operational response This Notice of Motion is supported. Briefing No Councillor briefing is required. Letters advocacy Council will write a letter in support of this Notice of Motion, to the Minister for Transport, Andrew Constance MP and, the Local Member for Blue Mountains Trish Doyle MP. Discussion The intersection of Kidman Street, Railway Street and the Great Western Highway in Blaxland is considered a priority intersection for the Brooklands shopping precinct, residential catchment areas, Blaxland High School and the Great Western Highway Corridor.

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The current configuration of this intersection provides for a west bound right turn lane only into Kidman Street. The highway does not provide any acceleration/merge lanes for traffic exiting Kidman turning right /west bound onto the highway nor when turning left/east bound. Sight lines are limited for all movements due to the intersection configuration, posted speed limit of 80km/h on the highway, high volume of vehicle movements, particular during peak times in the AM & PM. In the last five years (2015 – 2019), there have been a total of four crashes at this intersection and are summarised in the table below.

Year Crash ID Degree of Crash RUM

2015 1083227 Serious Right near

2016 1098948 Non-casualty Rear end

2019 1192675 Serious Cross traffic

1202036 Non-casualty Leaving parking

During Council’s engagement with TfNSW in mid-2020 on the Network Plan (64) for this section of the highway, this intersection was proposed by the Council for upgrade. This Network Plan should be referred to in the correspondence proposed in the recommendations of this report. At the Local Traffic Committee (LTC) of 3 August 2020, Item 2020:54, it discussed concerns around safety and the need for intersection improvements. The LTC recommended that the current ‘Giveway’ signs on Railway Street be replaced with ‘Stop’ signs at the intersection of Kidman Street. This recommendation was reported to the Council at its meeting of 27 October 2020, where it was adopted. The responsibilities of the LTC is restricted to improvements on the local road network, with those matter relating to the state network requiring referral to TfNSW for further investigation. This NoM supports this requirement. Financial implications There are no financial implications for Council adopting the recommendation(s) in this Notice of Motion. Alignment with the Delivery Program The recommendation(s) in this Notice of Motion aligns to the following action in the 2019-2020 Operational Plan – Move Objective 5.1 – The City has an integrated, accessible and sustainable transport network; and 5.2 - The City has a safe, well designed and maintained network of roads. Conclusion The recommendations of this NoM to engage with TfNSW about potential funding for analysis of an improved design is considered highly appropriate for this intersection. The improved safety and access that would be achieved has a benefit to local residents, shoppers, business owners, school children, visitors and general users of the highway. This Notice of Motion is supported.

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PRECIS OF SELECTED CORRESPONDENCE

PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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ITEM NO: 18 SUBJECT: PRECIS OF SELECTED CORRESPONDENCE FILE NO: F13620 - 21/24581

Delivery Program Link Principal Activity: Civic Leadership Service: Governance and Risk

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

Correspondence Received by Council

1. 17/11/2020 – Alistair Lunn, Director West, Transport for NSW

Letter to the CEO regarding the Great Western Upgrade Program between Katoomba and Lithgow.

2. 11/01/2021 – The Hon Marise Payne, Liberal Senator for New South Wales

Letter to the Mayor regarding the Australian Government Mobile Black Spot Program – Round 5A grant guidelines.

3. 11/01/2021 – Alistair Lunn, Director West, Transport for NSW

Letter to the CEO regarding the updated Public Health (COVID-19 Mandatory Face Coverings) Order 2021. Correspondence Sent by Council

4. 24/12/2020 – The Hon Karen Andrews, MP, Minister of Industry, Science, Energy and Resources

Letter from the Mayor regarding the Blaxland Village CCTV.

5. 14/01/2021 – Parliament NSW, Legislative Assembly, Portfolio Committee No. 2, Health

Letter from the CEO regarding Inquiry into health outcomes and access to health and hospital services in rural, regional and remote New South Wales. 6. 18/01/2021 – Felicity Greenway, Executive Director State Policies & Strategic

Advice, Department of Planning, Industry and Environment

Letter from the Acting Director Environmental and Planning Services regarding the proposed amendment to NSW. ATTACHMENTS/ENCLOSURES

1 1134163 - TfNSW Letter to R. Dillon 17.11.20 21/19822 Attachment

2 MBSP - Greenhill - 11.1.2021 21/22131 Attachment

PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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3 Blue Mountains City Council - Public Health Order 2021 21/6702 Attachment

4 Letter to Commonwealth agency re. Blaxland CCTV - CSR 339417

20/255770 Attachment

5 BMCC Submission into Health outcomes and access to Health and Hospital Services in rural, regional and remote NSW

21/10486 Attachment

6 SUBMISSION to proposed changes SEPP infrastructure (Health facilities)

20/276698 Attachment

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 1 - 1134163 - TfNSW Letter to R. Dillon 17.11.20

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 2 - MBSP - Greenhill - 11.1.2021

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 3 – Blue Mountains City Council Public Health Order

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 4 - Letter to Commonwealth agency re. Blaxland CCTV - CSR 339417

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 5 – BMCC Submission into Health outcomes and access to Health and Hospital services in Rural, Regional and Remote NSW

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21 Attachment 6 - SUBMISSION to proposed changes SEPP infrastructure (Health facilities)

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PRECIS OF SELECTED CORRESPONDENCE Item 18, Ordinary Meeting, 23.02.21

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