MINUTES Ordinary Council Meeting 16 March 2021 - Tuesday, 16 March 2021
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MINUTES
Ordinary Council Meeting
16 March 2021Ordinary Council Meeting Minutes 16 March 2021
Order Of Business
1 Opening ................................................................................................................................ 4
2 Recording of the Meeting .................................................................................................... 4
3 Webcast Notice .................................................................................................................... 4
4 National Anthem .................................................................................................................. 4
5 Acknowledgement of Country ............................................................................................ 4
6 Apologies and Leave of Absence Requests ...................................................................... 4
7 Declaration of Interest ......................................................................................................... 5
8 Confirmation of Minutes ...................................................................................................... 6
9 Items to be Tabled ............................................................................................................... 6
10 Mayoral Minute..................................................................................................................... 7
10.1 Mayoral Minute......................................................................................................... 8
11 Items by Exception .............................................................................................................. 9
14.2 Minerals, Energy, Resources, Environment & Waste Advisory Committee -
February 2021 Meeting Minutes ............................................................................. 10
15.2 Preschool Service Commencement Update ........................................................... 11
16.2 Investment of Funds as at 31 January 2021 ........................................................... 12
Suspension of Standing Orders ................................................................................................ 13
16.1 Annual Financial Statements for the Year ended 30 June 2020 ............................. 13
12 Sustainable and Balanced Growth ................................................................................... 14
12.1 Reappointment of Wollondilly Shire Local Planning Panel Members ...................... 14
12.2 Western City Planning Panel Membership ............................................................. 15
12.3 Draft Picton Place Plan .......................................................................................... 16
12.4 Planning Agreement - Station Street, Menangle ..................................................... 17
12.5 Picton Town Centre - Government Services Building Planning Proposal ............... 18
12.6 Wollondilly Local Housing Strategy - Outcome of Public Exhibition and
Finalisation ............................................................................................................. 19
12.7 Notification of Bingara Gorge No. 2 Planning Agreement ....................................... 21
12.8 Wollondilly Centres Strategy - Outcome of Public Exhibition and Finalisation ........ 22
12.9 Wollondilly Urban Tree Canopy Plan and Landscape Strategy - Outcome of
Public Exhibition and Finalisation ........................................................................... 23
13 Management and Provision of Infrastructure .................................................................. 24
13.1 Amendments to Master Plan for Old Menangle School Site ................................... 24
13.2 Building Better Regions Fund (Infrastructure) and NSW Public Spaces Legacy
Program Project Applications ................................................................................. 25
13.3 Traffic Management Upgrades - March 2021 ......................................................... 26
14 Caring for the Environment ............................................................................................... 28
14.1 Draft Waste Management Strategy and Action Plan ............................................... 28
15 Looking after the Community ........................................................................................... 29
15.1 Re-establishing the Shire's Alcohol Free Zones ..................................................... 29
Page 2Ordinary Council Meeting Minutes 16 March 2021
16 Efficient and Effective Council.......................................................................................... 30
16.3 Half Yearly Progress Report on Delivery and Operation Plan 2020/21 ................... 30
17 Notice of Motion/Rescissions ........................................................................................... 31
17.1 Notice of Motion - Water Symposium ..................................................................... 31
17.2 Notice of Motion - Road Repairs and Renewal ....................................................... 32
17.3 Notice of Motion - Conditions Imposing on the Approval of Changes to the
Wollondilly LEP ...................................................................................................... 33
17.4 Notice of Motion - Animal Breeding ........................................................................ 34
17.5 Notice of Motion - Business Break-Ins .................................................................... 35
17.6 Notice of Motion - Mining Subsidence .................................................................... 36
18 Closed Reports .................................................................................................................. 37
18.1 Wollondilly Neighbourhood Occasional Care Service ............................................. 38
18.2 Quarterly Legal Status............................................................................................ 39
19 Questions for Next Meeting .............................................................................................. 40
No reports this meeting
Page 3Ordinary Council Meeting Minutes 16 March 2021
MINUTES OF WOLLONDILLY SHIRE COUNCIL
ORDINARY COUNCIL MEETING
held at the Council Chamber, 62-64 Menangle Street, Picton NSW 2571
and online via webcast
on Tuesday, 16 March 2021 at 6.33pm
PRESENT: Cr Matthew Deeth, Cr Judith Hannan, Mayor Robert Khan, Cr Michael
Banasik, Cr Matthew Gould, Cr Blair Briggs, Cr Noel Lowry
IN ATTENDANCE: Chief Executive Officer, Executive Director Community & Corporate, Director
Infrastructure & Environment, Director Planning, Assistant Director People,
Legal & Governance, General Counsel, Chief Financial Officer, Manager
Sustainable Growth, Manager Community Outcomes, Corporate Governance
and Risk Coordinator, Minute Takers, the Audit Office of NSW representative
and Prosperity Advisors representative.
1 OPENING
Legislative changes to the Local Government Act, Section 747A now permits Council meetings to
be held remotely using audio visual link and is open to members of the community via webcast.
2 RECORDING OF THE MEETING
In accordance with Council’s Code of Meeting Practice the electronic recording of the Council
Meeting and the use of electronic media during the proceedings is not permitted. This includes
devices such as laptops, mobile phones, tape recorders and video cameras.
3 WEBCAST NOTICE
Members of the public are advised that open sessions of this meeting are webcast live for public
viewing on Council’s website. Audio and video footage taken is of the Chambers only; your image
and voice will not be recorded if you remain quietly within the public gallery.
4 NATIONAL ANTHEM
5 ACKNOWLEDGEMENT OF COUNTRY
The Mayor acknowledged the traditional Custodians of the Land:
I would like to pay my respect and acknowledge the traditional custodians of the land on which this
meeting takes place, and also pay respect to the Elders both past and present.
6 APOLOGIES AND LEAVE OF ABSENCE REQUESTS
Cr Simon Landow
Page 4Ordinary Council Meeting Minutes 16 March 2021
7 DECLARATION OF INTEREST
Mayor Robert Khan declared a Pecuniary Conflict of Interest in item 12.8 – Wollondilly Centres
Strategy – Outcomes of Public Exhibition and Finalisation as he is the owner of Khan’s Super IGA
Picton and considers that the centres strategy may cause his business a loss or gain due to
potential development in the vacinity. Mayor Khan advised he would remove himself from the
discussions and would not vote on this matter.
Mayor Robert Khan declared a Pecuniary Conflict of Interest in item 12.5 – Picton Town Centre –
Government Services Building Planning Proposal as he is the owner of Khan’s Super IGA Picton
and considers that the planning proposal may cause his business a loss due to the reduction of
parking spaces to be lost due to the proposal.Mayor Khan advised he would remove himself from
the discussions and would not vote on this matter.
Councillor Lowry declared a Non-Pecuniary (Significant) Conflict of Interest in item 12.6 –
Wollondilly Local Housing Strategy – Outcome of Public Exhibition and Finalisation as long term
customers of his wifes business are owners in Darley Street, Thirlmere. Councillor Lowry advised
he would remove himself from the discussions and would not vote on this matter.
Councillor Lowry declared a Non-Pecuniary (Less Than Significant) conflict of interest in item 13.3
– Traffic Management Updates – March 2021 as he is a life member of the Camden Cycling Club.
Councillor Lowry advised he would remain in the meeting.
Councillor Deeth declared a Pecuniary conflict of interest in item 12.4 – Planning Agreement –
Station Street Menangle as he lives on Station Street. Councillor Deeth advised he would remove
himself from the discussions and would not vote on this matter.
Councillor Deeth decalred a Pecuniary Conflict of Interest in item 12.6 – Wollondilly Local Housing
Strategy – Outcomes of Public Exhibition and Finalisation as his parents own a property on Tickle
Drive, Thirlmere. Councillor Deeth advised he would remove himself from the discussions and
would not vote on this matter.
Councillor Matthew Deeth declared a Non-Pecuniary (Less Than Significant) Conflict of Interest in
item 13.1 – Amendments to Masterplan for Old Menangle School Site as he lives on Station Street,
Manangle however the site is not in proximity to his house. Counicllor Deeth advised he would
remain in the meeting.
Page 5Ordinary Council Meeting Minutes 16 March 2021
8 CONFIRMATION OF MINUTES
RESOLUTION 19/2021
Moved: Cr Michael Banasik
Seconded: Cr Blair Briggs
That the minutes of the Ordinary Council Meeting held on 16 February 2021 be confirmed.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
9 ITEMS TO BE TABLED
Nil
Page 6Ordinary Council Meeting Minutes 16 March 2021
10 MAYORAL MINUTE
Over the last month the following events were attended by either myself or as indicated by other
Councillors.
Wednesday 17 February 2021 Mayors Volunteer Thankyou function attended by Mayor Robert
Khan, Deputy Mayor Michael Banasik, Councillors Judith Hannan and Noel Lowry, CEO Ben
Taylor and Director Infrastructure and Environment Michael Malone
Thursday 18 February 2021 South West Sydney Local Health District / LGA COVID 19 Update
attended by myself and CEO Ben Taylor
Thursday 18 February 2021 Wollondilly Women in Business Networking Event attended by myself
and Councillor Matthew Deeth
Friday 19 February 2021 Official Opening K Hub Picton attended by myself and Deputy Mayor
Michael Banasik
Friday 19 February 2021 Food Stalls and Movie Night at Bargo Sportsground attended by Deputy
Mayor Michael Banasik
Tuesday 23 February 2021 Introductory Meeting with CEO Simon Hickey, Western Sydney Airport
attended by myself CEO Ben Taylor and Director Planning, Toni Averay
Thursday 25 February 2021 Council Staff Service Recognition Dinner attended by myself,
Councillors Judith Hannan and Matthew Deeth; CEO Ben Taylor, Executive Director, Ally Dench;
Director Planning, Toni Averay; Director Infrastructure and Environment, Michael Malone and
Assistant Director, Matthew Toro
Saturday 27 February VIP Premiere of the Heroes of 1821 Art Exhibition attended by Deputy
Mayor Michael Banasik
Wednesday 3 March 2021 Opening of School Parliament at Tahmoor Public School attended by
myself
Thursday 4 March 2021 Site visit to Manufacturing business in Silverdale attended by myself,
Deputy Mayor Michael Banasik and Councillor Judith Hannan
Thursday 4 March 2021 Western Parkland Councils Mayoral Forum attended by myself and CEO
Ben Taylor
Friday 5 March 2021 International Women’s Day Event in the Picton Botanic Gardens attended by
myself, Councillor Judith Hannan and Executive Director, Ally Dench
Friday 5 March 2021 Live Music Event at Willis Park, Oakdale attended by Councillor Judith
Hannan and Matthew Deeth, and Executive Director, Ally Dench
Friday 5 March 2021 Macarthur League Season Launch attended by myself
Saturday 6 March 2021 Official Opening Australian Wildlife Weekend attended by myself, Deputy
Mayor Michael Banasik and Councillor Matthew Deeth
Friday 12 March visit by National Bushfire Recovery Agency National coordinator attended by
myself, Executive Director Ally Dench and Director Infrastructure and Environment Michael Malone
Saturday 13 March 2021 Wollondilly Women in Business Women in Excellence Awards attended
by myself and Councillors Judith Hannan, Blair Briggs and Matthew Deeth
This Mayoral Minute provides an update on key events attended by the Mayor or Councillors since
Council’s last Council Meeting. (Attachment 1). Tonight I would like to provide an update on the
progress on Council’s hard work and strong advocacy to support our farmers and rural
landholders.
Page 7Ordinary Council Meeting Minutes 16 March 2021
As Councillors you are aware we have all been strongly advocating and driving for changes to the
LEP to enable ongoing viability and improve opportunities for many farmers and rural land owners
through agribusinesses such as farm gates, weddings, farm stays, events and eco-tourism. These
changes would greatly enhance their business opportunities and assist in their recovery from the
Black Summer Fires as well as the COVID-19 pandemic.
Myself and CEO Ben Taylor recently met with Minister Stokes and advocated on behalf of Council
in regard to proposed changes and we were met with positive support from the Minister who was
committed to addressing the issues raised as an urgent priority.
I’m pleased to advise that the Minister has announced there will be proposed changes with the
introduction of new standard instrument LEP definitions and updates to State Environmental
Planning Policies to make this happen. It is very satisfying to see evidence of our strong advocacy
which is now paying dividends.
I’m advised also that our great planning staff led by Director Planning, Toni Averay have made
significant progress on a range of LEP amendments which will bring forward changes to our
planning rules so rural events and weddings will be possible across the Shire. These amendments
have just been submitted to the NSW Department of Planning Industry & Environment to seek
approval to progress, which is great news.
This positive outcome will provide many opportunities to those in the Shire to diversify and grow
their agribusiness and agritourism enterprises and I look forward to providing you with further
updates from the NSW Government as they become available.
Robert Khan
MAYOR
March 2021
10.1 MAYORAL MINUTE
RESOLUTION 20/2021
Moved: Mayor Robert Khan
That Council:
1. Note the update on key events attended by the Mayor or Councillors since Council’s
last Council Meeting.
2. Note the update on Councils advocacy that has resulted in proposed planning changes
that, once adopted, will enable farmers and rural landowners to potentially implement
Agribusiness activities such as Farm Gates, Wedding venues, Farm Stays, Farm
Events, Markets and more to diversify and innovate their activities within the
Wollondilly Shire.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 8Ordinary Council Meeting Minutes 16 March 2021
11 ITEMS BY EXCEPTION
The Mayor went through all items of business on the agenda to determine the items to be dealt
with by exception.
Councillors called out the matters which they wanted to speak to, debate or move an alternative
motion on.
ITEMS BY EXCEPTION
RESOLUTION 21/2021
Moved: Mayor Robert Khan
Seconded: Cr Matthew Deeth
That Council block resolve Items 14.2, 15.2 & 16.2 by exception, to be adopted as per the
recommendation in the business paper.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew
Gould, Blair Briggs and Noel Lowry
Against: Nil
Page 9Ordinary Council Meeting Minutes 16 March 2021
14.2 MINERALS, ENERGY, RESOURCES, ENVIRONMENT & WASTE ADVISORY
COMMITTEE - FEBRUARY 2021 MEETING MINUTES
RESOLUTION 22/2021
Moved: Mayor Robert Khan
Seconded: Cr Matthew Deeth
That Council note the Minutes for the Minerals, Energy, Resources, Environment & Waste
Advisory Committee meeting held on 3 February 2021.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 10Ordinary Council Meeting Minutes 16 March 2021
15.2 PRESCHOOL SERVICE COMMENCEMENT UPDATE
RESOLUTION 23/2021
Moved: Mayor Robert Khan
Seconded: Cr Matthew Deeth
That Council
1. Notes the contents of this report regarding preparation for the Council’s new
preschool service to be ready for commencement mid-2022.
2. Notes the pre-opening funding requirements for 2021/22 which will need to be
considered as part of the 2021/22 Operational Plan preparation process.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 11Ordinary Council Meeting Minutes 16 March 2021
16.2 INVESTMENT OF FUNDS AS AT 31 JANUARY 2021
RESOLUTION 24/2021
Moved: Mayor Robert Khan
Seconded: Cr Matthew Deeth
That the information and certification in relation to the investment of Council funds as at 31
January 2021 be noted.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 12Ordinary Council Meeting Minutes 16 March 2021
SUSPENSION OF STANDING ORDERS
RESOLUTION 25/2021
Moved: Mayor Robert Khan
Seconded: Cr Michael Banasik
That Council suspend standing orders to deal with Item 16.1 – Annual Financial
Statements for the year ended 30 June 2020.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew
Gould, Blair Briggs and Noel Lowry
Against: Nil
16.1 ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2020
At 7:06 pm, Cr Michael Banasik left the meeting and returned at 7:12 pm.
RESOLUTION 26/2021
Moved: Cr Matthew Deeth
Seconded: Cr Blair Briggs
1. That Council endorse the 2019/20 Annual Financial Statements and form an opinion in
the prescribed format on the General Purpose Financial Reports.
2. That the audited financial reports, together with the Auditor’s reports, be presented to
the public at the Council Meeting to be held on 20 April 2021.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
RESUMPTION OF STANDING ORDERS
RESOLUTION 27/2021
Moved: Mayor Robert Khan
That Council resume standing orders.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 13Ordinary Council Meeting Minutes 16 March 2021
12 SUSTAINABLE AND BALANCED GROWTH
12.1 REAPPOINTMENT OF WOLLONDILLY SHIRE LOCAL PLANNING PANEL MEMBERS
RESOLUTION 28/2021
Moved: Cr Judith Hannan
Seconded: Cr Matthew Gould
That Council endorse the reappointment of all existing Local Planning Panel members, with
the exception of Keith Dedden and Stella Whittaker, who have resigned from their planning
panel duties with the Department.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 14Ordinary Council Meeting Minutes 16 March 2021
12.2 WESTERN CITY PLANNING PANEL MEMBERSHIP
RESOLUTION 29/2021
Moved: Cr Matthew Gould
Seconded: Cr Matthew Deeth
That Council nominates its representatives to the Sydney Western City Planning Panel from
16 March 2020 as follows:
1. The Mayor as its Panel member 1 of 2.
2. The Deputy Mayor as its Panel member 1 of 2, in the event the Mayor is unavailable.
3. A councillor who meets the Expert Panel member criteria as member 2 of 2, if such a
councillor is available.
4. The following candidates as its Expert Panel member 2 of 2 if an appropriate councillor
is not available:
(a) Rachel Harrison; or
(b) John McFadden.
5. All Councillors remain listed as alternative members, in the event the Mayor or Deputy
Mayor are unavailable.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 15Ordinary Council Meeting Minutes 16 March 2021
12.3 DRAFT PICTON PLACE PLAN
RESOLUTION 30/2021
Moved: Cr Matthew Deeth
Seconded: Cr Judith Hannan
1. That the draft Picton Place Plan be placed on Public Exhibition in accordance with the
Community Participation Plan.
2. That Council note the needs of all of the Shire will continue to be the key focus when
considering funding for projects in the Picton Place Plan as part of Council’s budgeting
process.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 16Ordinary Council Meeting Minutes 16 March 2021
12.4 PLANNING AGREEMENT - STATION STREET, MENANGLE
At 7:28 pm, Cr Matthew Deeth left the meeting due to a previously declared Conflict of Interest.
RESOLUTION 31/2021
Moved: Cr Michael Banasik
Seconded: Cr Judith Hannan
That Council:
1. Adopts the Draft Voluntary Planning Agreement attached to this report.
2. Authorises the Chief Executive Officer to Execute the Voluntary Planning Agreement on
behalf of Council.
3. Accepts the dedication of the land as provided for in the Voluntary Planning
Agreement.
4. Agrees to the classification of the proposed land dedication as Community Land under
the Local Government Act, 1993.
5. Prioritises the delivery of a broader active transport network for the existing village
including links to the Nepean River.
6. Considers investigating a regional walking/bike track to Camden via the Elizabeth
Macarthur Institute lands along the Nepean River.
On being put to the meeting the motion was declared CARRIED 6/0
In Favour: Crs Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould, Blair Briggs and
Noel Lowry
Against: Nil
At 7:41 pm, Cr Matthew Deeth returned to the meeting.
Page 17Ordinary Council Meeting Minutes 16 March 2021
12.5 PICTON TOWN CENTRE - GOVERNMENT SERVICES BUILDING PLANNING
PROPOSAL
At 7:41 pm, Mayor Robert Khan left the meeting due to a previously declared Conflict of Interest.
Cr Banasik took the Chair.
At 7:42 pm, Cr Matthew Gould left the meeting. At 7:44 pm, Cr Matthew Gould returned to the
meeting.
RESOLUTION 32/2021
Moved: Cr Matthew Deeth
Seconded: Cr Blair Briggs
That Council:
1. Support the Planning Proposal for 6-8 Colden Street and 62-64 Menangle Street, Picton,
NSW 2571.
2. Agrees and endorses the advice of the Wollondilly Shire Local Planning Panel:
a. that the proposal has strategic and site specific merit and that the height is
reasonable based on outcomes of a detailed strategic analysis of the town centre,
b. agrees to commence a site specific DCP for land within the precinct that generally
defined in Figure 1 of the Assessment Report being the area enclosed by Menangle
Street, Colden Street, Corbett Lane and the western perimeter of the library site
which includes consideration of built form, heritage, parking, access, landscaping
and flooding and also specifically references the massing provided within the
planning proposal submission.
3. Agrees to support the Planning Proposal as a relevant planning authority; and
4. Forwards the Planning Proposal to the Department of Planning, Industry & Environment
for a Gateway Determination.
On being put to the meeting the motion was declared CARRIED 6/0
In Favour: Crs Matthew Deeth, Judith Hannan, Michael Banasik, Matthew Gould, Blair Briggs
and Noel Lowry
Against: Nil
At 7:52pm, Mayor Khan returned to the meeting and resumed the Chair.
Page 18Ordinary Council Meeting Minutes 16 March 2021
12.6 WOLLONDILLY LOCAL HOUSING STRATEGY - OUTCOME OF PUBLIC EXHIBITION
AND FINALISATION
At 7:52 pm, Cr Noel Lowry and Cr Matthew Deeth left the meeting due to a previously declared
conflict of interest.
RESOLUTION 33/2021
Moved: Cr Judith Hannan
Seconded: Cr Matthew Gould
That Council:
1. Adopts the Wollondilly Local Housing Strategy with the amendments outlined in points
6-7.
2. Submits the Wollondilly Local Housing Strategy to the Department of Planning, Industry
& Environment for approval in accordance with the Department’s Local Housing
Strategy Guideline.
3. Authorises the Chief Executive Officer to make any minor amendments to the
Wollondilly Local Housing Strategy arising from the Department’s assurance process
so long as they do not change the overall principles of the Strategy.
4. Notifies anyone who made submissions regarding the Draft Wollondilly Local Housing
Strategy of Council’s decision.
5. Notes that a number of planning proposals have been recently refused by the
Department of Planning, Industry & Environment due to outstanding agency and
infrastructure issues for example, the planning proposals known as Darley Street and
Stilton Lane;
6. Given that the planning proposals outlined above were considered as likely to proceed
when finalising the draft housing strategy, Council amend the draft housing strategy to
allow for consideration of appropriate new planning proposals for those sites that meet
the following criteria:
a. Were in progress during preparation of the housing strategy and were refused
during the finalisation period of the Local Housing Strategy (January –March
2021).
b. Were supported when they were most recently considered by Council prior to
their refusal by DPIE.
c. Had previously received a Gateway Determination to proceed.
7. The housing strategy be amended to make clear that any new planning proposal
considered under point 6 shall only be considered once the following criteria are met:
a. The Proposal resolves any known planning or infrastructure issues previously
identified for the site, including those identified by the Department of Planning,
Industry & Environment and other agencies.
b. For proposals that include R2 or R3 zonings and appropriate road infrastructure
upgrades are in place.
c. The proposal is consistent with the character of the surrounding area, consistent
with the LSPS and would otherwise meet the definition of local growth.
8. Notes that if further significant changes are required to the Wollondilly Local Housing
Strategy, these will be reported to a future meeting of Council.
9. Repeals the Wollondilly Growth Management Strategy.
Page 19Ordinary Council Meeting Minutes 16 March 2021
On being put to the meeting the motion was declared CARRIED 5/0
In Favour: Crs Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould and Blair Briggs
Against: Nil
At 8:11 pm, Cr Noel Lowry and Cr Matthew Deeth returned to the meeting.
Page 20Ordinary Council Meeting Minutes 16 March 2021
12.7 NOTIFICATION OF BINGARA GORGE NO. 2 PLANNING AGREEMENT
RESOLUTION 34/2021
Moved: Cr Matthew Deeth
Seconded: Cr Blair Briggs
That Council:
1. Receives and notes this report;
2. Delegates authority to the Chief Executive Officer to approve minor amendments to the
final Planning Agreement and thereafter publicly notify the Planning Agreement; and
3. Receives a further report advising notification outcomes.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 21Ordinary Council Meeting Minutes 16 March 2021
At 8:30 pm, Mayor Robert Khan left the meeting due to a previously declared conflict of interest in
relation to item 12.8. Cr Banasik took the Chair
RECESS
RESOLUTION 35/2021
Moved: Cr Matthew Gould
Seconded: Cr Noel Lowry
That council take a 10 minute recess.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Michael Banasik, Matthew Gould, Blair Briggs
and Noel Lowry
Against: Nil
The meeting resumed at 8:40pm with all those present prior to the recess.
12.8 WOLLONDILLY CENTRES STRATEGY - OUTCOME OF PUBLIC EXHIBITION AND
FINALISATION
RESOLUTION 36/2021
Moved: Cr Matthew Deeth
Seconded: Cr Noel Lowry
That Council defer this matter to be discussed at a Councillor Briefing Session and be
brought to a future Council Meeting.
On being put to the meeting the motion was declared CARRIED 6/0
In Favour: Crs Matthew Deeth, Judith Hannan, Michael Banasik, Matthew Gould, Blair Briggs
and Noel Lowry
Against: Nil
At 8:58 pm, Mayor Robert Khan returned to the meeting and resumed the Chair.
Page 22Ordinary Council Meeting Minutes 16 March 2021
12.9 WOLLONDILLY URBAN TREE CANOPY PLAN AND LANDSCAPE STRATEGY -
OUTCOME OF PUBLIC EXHIBITION AND FINALISATION
RESOLUTION 37/2021
Moved: Cr Matthew Deeth
Seconded: Cr Michael Banasik
That Council:
1. Adopts the Wollondilly Urban Tree Canopy Plan and Landscape Strategy.
2. Writes to the Department of Planning, Industry & Environment with a request to
endorse the Wollondilly Urban Tree Canopy Plan and Landscape Strategy.
3. Notifies anyone who made submissions regarding the Draft Wollondilly Urban Tree
Canopy Plan and Landscape Strategy of Council’s decision.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 23Ordinary Council Meeting Minutes 16 March 2021
13 MANAGEMENT AND PROVISION OF INFRASTRUCTURE
13.1 AMENDMENTS TO MASTER PLAN FOR OLD MENANGLE SCHOOL SITE
RESOLUTION 38/2021
Moved: Cr Matthew Deeth
Seconded: Cr Michael Banasik
1. That the proposed amendments to the Master Plan for the Old Menangle School Site, as
identified in Attachment 1, be adopted.
2. That the community be notified of the proposed design for the pathways through the
installation of onsite signage prior to construction.
3. That Council consider inclusion of solar lighting and 3 phase power to the eastern side
of St James Hill, subject to budget limitations, as part of the first stage of the accessible
pathways project.
4. That Council considers planning and delivery of car parks as outlined in the Old
Menangle School Master Plan.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 24Ordinary Council Meeting Minutes 16 March 2021
13.2 BUILDING BETTER REGIONS FUND (INFRASTRUCTURE) AND NSW PUBLIC
SPACES LEGACY PROGRAM PROJECT APPLICATIONS
RESOLUTION 39/2021
Moved: Cr Michael Banasik
Seconded: Cr Matthew Deeth
That the project nominations, as detailed below, be endorsed as Council’s nominated
projects:
1. NSW Public Spaces Legacy Programs:
(a) Birahlee Park, Yanderra – playground upgrade, exercise stations, pathway.
(b) The Oaks and Oakdale – open space improvement program.
(c) Picton Botanic Gardens – first stage of embellishment works under the Master
Plan.
(d) Old Menangle School site, Menangle – continuation of staged delivery of the
adopted Master Plan.
2. Building Better Regions Fund (Infrastructure):
(a) Razorback Lookout.
(b) Argyle St Picton – catenary lighting.
(c) Botanic Garden/Hume Oval – upgrade to eastern car park including a shade
structure.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 25Ordinary Council Meeting Minutes 16 March 2021
13.3 TRAFFIC MANAGEMENT UPGRADES - MARCH 2021
RESOLUTION 40/2021
Moved: Cr Michael Banasik
Seconded: Cr Judith Hannan
That Council adopt, notwithstanding other factors at play that may prohibit the event
happening, the traffic management proposal as considered and unanimously supported by
the Local Traffic Committee Meeting of 2 March 2021 as follows:
LTC Recommendation 1.1
1. That Council grant consent to Camden Cycling Club Inc. to use Moreton Park
Road, Menangle to conduct cycling races for a period up to 30 April 2022 subject
to the requirements for the issue of a permit for “Road Event – Road Closure”
prior to each individual race event.
2. That Council write to the applicant and request that they seek their own advice
from relevant health authorities for current preventative measures or as to
whether the events should proceed due to public safety concerns related to the
potential spread of coronavirus.
3. That in the event that these events are postponed, and the future event dates are
relevant and appropriate, then the approval is applied to the new date within a 12
month period.
LTC Recommendation 1.2
1. That Council approve the following road closures between the hours of 6.30am
and 7.00am on Sunday 25 April 2021 for the staging of “The Picton ANZAC Day
March” subject to the requirements for the issue of a permit for “Road Event –
Road Closure”:
Menangle Street (West) between Argyle Street and Walton Street.
Argyle Street between Menangle Street and Memorial Park (south of
Downing Street).
2. That Council write to the applicant and request that they seek their own advice
from relevant health authorities for current preventative measures or as to
whether the events should proceed due to public safety concerns related to the
potential spread of coronavirus.
LTC Recommendation 1.3
1. That Council approve the road closure of the Civic Centre Circle between the
hours of 9.00am to 10.00pm on every last Saturday of the month subject to the
Development Application approval and the requirements for the issue of a permit
for “Road Event – Road Closure”.
2. That Council write to the applicant and request that they seek their own advice
from relevant health authorities for current preventative measures or as to
whether the events should proceed due to public safety concerns related to the
potential spread of coronavirus.
Page 26Ordinary Council Meeting Minutes 16 March 2021
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 27Ordinary Council Meeting Minutes 16 March 2021
14 CARING FOR THE ENVIRONMENT
14.1 DRAFT WASTE MANAGEMENT STRATEGY AND ACTION PLAN
At 9:24 pm, Cr Matthew Deeth left the meeting and returned at 9:26 pm.
RESOLUTION 41/2021
Moved: Cr Blair Briggs
Seconded: Cr Michael Banasik
1. That the Draft Waste Management and Resource Recovery Strategy & Action Plan 2020-
2025 be adopted.
2. That all parties that contributed to the engagement process be thanked for their
contributions.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Item 14.2 Minerals, Energy, Resources, Environment & Waste Advisory Committee - February
2021 Meeting Minutes - has been moved to the Items by Exception part of the document.
Page 28Ordinary Council Meeting Minutes 16 March 2021
15 LOOKING AFTER THE COMMUNITY
15.1 RE-ESTABLISHING THE SHIRE'S ALCOHOL FREE ZONES
RESOLUTION 42/2021
Moved: Cr Blair Briggs
Seconded: Cr Michael Banasik
That Council place the proposal for re-establishment of the Shire’s Alcohol Free Zones on
Public Exhibition for 28 days to allow for community input prior to being brought back to
Council for adoption.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Item 15.2 Preschool Service Commencment Update - has been moved to the Items by Exception
part of the document.
Page 29Ordinary Council Meeting Minutes 16 March 2021
16 EFFICIENT AND EFFECTIVE COUNCIL
Item 16.1 Annual Financial Statements for the Year ended 30 June 2020 - has been moved to the
Suspension of Standing Orders part of the document.
Item 16.2 Investment of Funds as at 31 January 2021 - has been moved to the Items by Exception
part of the document.
16.3 HALF YEARLY PROGRESS REPORT ON DELIVERY AND OPERATION PLAN
2020/21
RESOLUTION 43/2021
Moved: Cr Matthew Deeth
Seconded: Cr Judith Hannan
1. That the attached Delivery and Operational Plan Progress Report be received and
noted.
2. That a further report be presented to Council as part of the development of the 2021/22
Budget and Operational Plan that provides details of the actions contained in
attachment 1 that are categorised as ‘not commenced’ or ‘yet to be resourced’ or
‘deferred’.
3. The updated Half Yearly Report at attachment 1 be made available on Council’s website.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 30Ordinary Council Meeting Minutes 16 March 2021
17 NOTICE OF MOTION/RESCISSIONS
17.1 NOTICE OF MOTION - WATER SYMPOSIUM
RESOLUTION 44/2021
Moved: Cr Judith Hannan
Seconded: Cr Noel Lowry
That Council hold a water symposium to inform the community of the water plans by
Sydney Water.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 31Ordinary Council Meeting Minutes 16 March 2021
17.2 NOTICE OF MOTION - ROAD REPAIRS AND RENEWAL
RESOLUTION 45/2021
Moved: Cr Judith Hannan
Seconded: Mayor Robert Khan
1. That Council review and update the road renewal and repair program based on the
current condition of the roads in line with the adopted asset strategy.
2. That road repair is the number one priority when seeking external funding from grants
and other sources and that this is not to include any rate rise.
3. Note that Council is responsible for a large number of regional and local roads, totalling
some 116 km of our 865 km road network, that would be more appropriately managed
by the NSW Government given their traffic volumes, including Menangle Rd, Wilton Rd,
Macarthur Drive, Remembrance Driveway, Finns Rd, Silverdale Road, Montpelier Dr,
Barkers Lodge Rd, Avon Dam Rd, Werrombi Rd, Burragorang Rd and Woodbridge
Road, with Council investing millions of dollars year on year to repair and upgrade
these regional roads that could be better invested in other priority local roads across
our network.
4. Advocate strongly to the NSW Government including the Premier, Minister for
Transport and Roads, Minister for Regional Transport and Roads and Member for
Wollondilly Nathaniel Smith MP that these roads be reclassified and managed by the
NSW Government.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 32Ordinary Council Meeting Minutes 16 March 2021
17.3 NOTICE OF MOTION - CONDITIONS IMPOSING ON THE APPROVAL OF CHANGES
TO THE WOLLONDILLY LEP
RESOLUTION 46/2021
Moved: Cr Judith Hannan
Seconded: Cr Blair Briggs
1. That Council write to the Local Member asking why the Wollondilly Community have
conditions imposed to allow the approval of the changes to the LEP that were passed in
6 weeks in our neighbouring Council areas.
2. That we congratulate and thank the NSW Government on the invitation to submit an
amendment that will make it easier for farmers to establish new complementary
businesses on their land.
3. That we ask that the CEO continue to direct and pro-actively focus our health and
regulatory teams on health and environmental safety issues and to work with any
community members and businesses on any matters that may be influenced by the
State Government changes or interpretation of policies.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 33Ordinary Council Meeting Minutes 16 March 2021
17.4 NOTICE OF MOTION - ANIMAL BREEDING
RESOLUTION 47/2021
Moved: Cr Judith Hannan
Seconded: Cr Matthew Gould
That Council:
1. Take a common sense approach to the management and control of animal breeding,
based upon fairness and an understanding that this is a recreational hobby enjoyed by
many residents.
2. Advocate the NSW Government to clearly define Animal Breeding and Boarding
Establishments, including specifically relating to a hobby vs commercial operation to
reduce uncertainty for our residents.
3. Work with Dogs NSW and other key stakeholders to collaboratively develop strategies
to manage this issue into the future.
4. Give in principal support to Dog’s NSW’s definition of ‘Hobby breeder’ subject to a
further report to Council outlining any issues and pathways forward.
5. Develop this report in collaboration and consultation with local breeders and Dog’s
NSW.
6. Ask that the CEO continue to direct and pro-actively focus our health and regulatory
teams on health and environmental safety and to work with any community members
whose issues may be influenced by State Government changes or interpretation of
policies.
7. Advocate for changes to exclude hobby breeders under the Prevention of Cruelty to
Animals Act
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
At 10.08pm Assistant Director People, Legal & Governance left the meeting and returned at
10.12pm
MOTION TO EXTEND MEETING
RESOLUTION 48/2021
Moved: Cr Matthew Gould
Seconded: Cr Judith Hannan
That Council extend the meeting until 11pm.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew
Gould, Blair Briggs and Noel Lowry
Against: Nil
Page 34Ordinary Council Meeting Minutes 16 March 2021
17.5 NOTICE OF MOTION - BUSINESS BREAK-INS
At 10:28 pm, Cr Noel Lowry left the meeting and returned at 10:30pm.
RESOLUTION 49/2021
Moved: Cr Michael Banasik
Seconded: Mayor Robert Khan
1. That Council write to the Local Area Police Commander expressing our concerns in
regard to recent business break-ins over the last few weeks.
2. That Council write to the NSW Police Minister calling for extra resources in our towns,
in particular the reopening of the Picton Police Station to 24 hours and regular crewing
of the Warragamba Police Station.
3. That we ask Campbelltown Local Area Command to pay some more attention to our
town of Appin as the incidence of vandalism appears to have increased.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 35Ordinary Council Meeting Minutes 16 March 2021
17.6 NOTICE OF MOTION - MINING SUBSIDENCE
RESOLUTION 50/2021
Moved: Cr Michael Banasik
Seconded: Cr Noel Lowry
1. That Council write to the NSW Mining Minister calling for urgent review of the Mine
Subsidence Act to better protect and assist landowners who are affected by mining.
2. That particularly the current review process should be assessed by an independent
body.
3. That further, Council also send this motion to LGNSW and the Mining and Energy
Councils.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
Page 36Ordinary Council Meeting Minutes 16 March 2021
18 CLOSED REPORTS
At 10:46pm, Cr Judith Hannan left the meeting.
The Mayor advised there are two confidential items of business to be discussed this evening and
stated that the matters and information are referred under S10A(2) of the Local Government Act
clauses:
(a) personnel matters concerning particular individuals (other than councillors).
(g) advice concerning litigation, or advice as comprises a discussion of this matter, that
would otherwise be privileged from production in legal proceedings on the ground of
legal professional privilege.
The Mayor stated that under section 10A(4) of the Local Government Act 1993 the public are
invited to make representations to the Council meeting before any part of the meeting is closed, as
to whether that part of the meeting should be closed.
No representations were received.
RESOLUTION 51/2021
Moved: Mayor Robert Khan
1. That Council considers the confidential report(s) listed below in a meeting closed to the
public in accordance with Section 10 A(2) of the Local Government Act 1993:
18.1 Wollondilly Neighbourhood Occasional Care Service
This matter is considered to be confidential under Section 10A(2)(a) of the Local
Government Act, and the Council is satisfied that discussion of this matter in an
open meeting would, on balance, be contrary to the public interest as it deals with
personnel matters concerning particular individuals (other than councillors)
Sensitive information that will affect staff and the community.
18.2 Quarterly Legal Status
This matter is considered to be confidential under Section 10A(2)(g) of the Local
Government Act, and the Council is satisfied that discussion of this matter in an
open meeting would, on balance, be contrary to the public interest as it deals with
advice concerning litigation, or advice as comprises a discussion of this matter, that
would otherwise be privileged from production in legal proceedings on the ground of
legal professional privilege
This report covers outcomes of litigation matters and associated legal expenditure
2. That pursuant to Section 10A(1) of the Local Government Act 1993, the media and public be
excluded from the meeting on the basis that the business to be considered is classified
confidential under the provisions of Section 10A(2).
3. That the correspondence and reports relevant to the subject business be withheld from
access to the media and public as required by Section 11(2) of the Local Government Act
1993.
On being put to the meeting the motion was declared CARRIED 6/0
In Favour: Crs Matthew Deeth, Robert Khan, Michael Banasik, Matthew Gould, Blair Briggs
and Noel Lowry
Against: Nil
Page 37Ordinary Council Meeting Minutes 16 March 2021
Council moved into closed session at 10.48pm. The public left the chambers.
18.1 WOLLONDILLY NEIGHBOURHOOD OCCASIONAL CARE SERVICE
At 10:50pm, Cr Judith Hannan returned to the meeting.
RESOLUTION 52/2021
Moved: Cr Michael Banasik
Seconded: Cr Judith Hannan
That Council resolves to close the Wollondilly Neighbourhood Occasional Care Service on
30 June 2021 as part of the relocation and realignment of childcare services within the
Wollondilly Community, Cultural and Civic Precinct development in Picton.
On being put to the meeting the motion was declared CARRIED 6/1
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs and
Noel Lowry
Against: Cr Matthew Gould
Page 38Ordinary Council Meeting Minutes 16 March 2021
18.2 QUARTERLY LEGAL STATUS
RESOLUTION 53/2021
Moved: Cr Michael Banasik
Seconded: Cr Blair Briggs
That Council receive and note the Quarterly Legal Status report.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould,
Blair Briggs and Noel Lowry
Against: Nil
MOTION TO EXTEND MEETING
RESOLUTION 54/2021
Moved: Cr Matthew Gould
Seconded: Cr Judith Hannan
That Council extend the meeting by a further 10 minutes.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew
Gould, Blair Briggs and Noel Lowry
Against: Nil
RESOLUTION 55/2021
Moved: Cr Matthew Deeth
Seconded: Cr Matthew Gould
That Council moves out of the Closed Council into Open Council.
On being put to the meeting the motion was declared CARRIED 7/0
In Favour: Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew
Gould, Blair Briggs and Noel Lowry
Against: Nil
The Ordinary meeting re-opened to the public and media at 11.03pm with all those present prior to
closing.
The Mayor advised that the resolutions adopted during closed session were displayed on screen
for the public.
Page 39Ordinary Council Meeting Minutes 16 March 2021
19 QUESTIONS FOR NEXT MEETING
No reports this meeting
The Meeting closed at 11.04pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 20
April 2021.
...................................................
MAYOR
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