Council Meeting 22 October 2024

Reports to Council

(Item 54/24) Election of Deputy Mayor

File No: 24/43111

Report by Director Corporate Services

Summary

Section 231of the Local Government Act 1993 outlines options for the election of a Deputy Mayor, should Council deem it appropriate at any time to elect one.

Operational Plan Objective

C.11.1 Conduct Council business with transparency, accountability, compliance and probity that ensures community confidence in decision making

Background

Under Section 231(1) of the Local Government Act 1993 (the Act), following an ordinary local government election and the election of the Mayor, Council may decide to nominate a Deputy Mayor from among the councillors. There is also some flexibility under the Act with respect to the length of term for the position of Deputy Mayor.

It has been customary for Burwood Council to conduct an election via open ballot for the position of Deputy Mayor each September, which generally coincides with local government elections. Section 231(2) of the Act has provision for the election of a Deputy Mayor to serve for the same period as the Mayor or for a shorter term.

The Deputy Mayor may, under Section 231(3) of the Act, exercise any function of the Mayor for any of the following reasons:

(a) at the request of the Mayor

(b) if the Mayor is prevented by illness, absence or otherwise from exercising the function

If councillors do not proceed with the election of a Deputy Mayor at this meeting they reserve the right to elect a Deputy Mayor at another time, if the Mayor is prevented by illness, absence or otherwise prevented from exercising their role. In the event that the Deputy Mayor is elected and is subsequently prevented by illness, absence or otherwise from exercising their role the councillors may elect another councillor from within their ranks to act as the Deputy Mayor for the relevant period.

Section 394 of the Local Government (General) Regulation 2021 requires that any election of a Deputy Mayor takes place in accordance with the provisions of Schedule 7 of that Regulation—see Attachment 1 to this report.

Nomination Process

The General Manager has invited nominations on the basis that the Council is likely to have an interest in proceeding with the election of a Deputy Mayor. He has been designated as the Returning Officer for the election of a Deputy Mayor, accordingly. His role as Returning Officer is to be in accordance with statutory obligations under Schedule 7 of the Local Government (General) Regulation 2021.

Nominations for the position of Deputy Mayor must be in writing and signed by two or more councillors, one of whom may be the nominee. A standard nomination form has been prepared for this purpose and circulated to all councillors – see copy appearing as Attachment 2 of this report.

Each nominee must confirm their consent to their nomination in writing. Nominations are to be forwarded to the General Manager before or at the meeting of Council at which the proposed election is to be conducted. The General Manager will announce details of any nominations at that meeting, then assist with conduct of polling as per the agreed method.

If Council proceeds with the election of a Deputy Mayor and there is only one nominee, that nominee is to be declared elected. If there is more than one nominee for election, Council is to confirm the preferred method of voting and proceed accordingly.

Voting Options

The methods of voting available are:

(a) Ordinary ballot

(b) Open ballot

Details of the three methods of voting are outlined in Schedule 7 of the Local Government (General) Regulation 2021—see Attachment 1.

Recommendation(s)

That Council:

1. determine at its meeting of 22 October 2024 whether to immediately proceed with the election of a Deputy Mayor

2. agree on the period of appointment for the position of Deputy Mayor before proceeding with any candidate voting

3. confirm the nomination status of potential candidates immediately before any voting proceeds to the election of a councillor to the position of Deputy Mayor

4. pursue any agreement to proceed with the election of a Deputy Mayor by

a. means of open ballot, if more than a single nomination is received for the position, or

b. in the event that only a single nomination for the position is received, declare the single nominee elected as Deputy Mayor for the agreed period of service.

Attachments

1 ⇩ Local Government (General) Regulation 2021 - Schedule 7

2 ⇩ Nomination Form - Election of Deputy Mayor - October 2024

Council Meeting 22 October 2024

(Item 56/24) Exhibition of the draft Croydon Housing Investigation Area Masterplan

File No: 24/40106

Report by Director City Strategy

Summary

This report seeks Council’s endorsement to begin community and stakeholder engagement on the draft Croydon Masterplan, developed as an alternative to the NSW Government’s Transport Oriented Development (TOD) Program.

In December 2023, the NSW Government launched the TOD Program to accelerate housing delivery across Greater Sydney, targeting increased density around 38 stations, including Croydon.

In response, Council led a campaign to protect heritage conservation areas and secure time to explore alternative options. As a result, on 11 April 2024, Council was informed that Croydon’s inclusion in the TOD Program would be deferred until January 2025, allowing time to develop an alternative masterplan.

By June 2024, Council endorsed a planning investigation area aimed at meeting the NSW Government’s housing targets. This plan focuses on the northern side of the rail corridor between Croydon and Burwood Town Centres, while protecting heritage areas to the south.

The draft Masterplan seeks a balanced approach to development, emphasising heritage preservation. It prioritises the protection of The Strand, Malvern Hill, and Cintra Heritage Conservation Areas, while higher density development is concentrated near the Burwood Town Centre. The plan recommends changes to land use zones, building heights, and density within the Croydon Masterplan Investigation Area. It also aims to improve the public domain by expanding open spaces, ensuring appropriate setbacks, planting street trees, and enhancing parking and active transport facilities.

Community and stakeholder engagement is proposed from 23 October to 20 November 2024. Information about the draft Masterplan will be communicated to the public, utility providers, emergency services and state agencies through notification letters, the Councils e-newsletter, and Participate Burwood website. Community members can also attend one of the 10 scheduled drop-in sessions at The Strand and Burwood Library, contact the Council during business hours to speak with a planner, or submit written feedback.

It should be noted that the NSW Government requires any alternative masterplan to meet or exceed the housing density targets set out in the TOD plan. The final documentation must be submitted to the NSW Department of Planning, Housing, and Infrastructure by January 2025. If these requirements are not met, the NSW Government may enforce its State Environmental Planning Policy (SEPP) TOD provisions, potentially affecting The Strand, Malvern Hill, and Cintra Heritage Conservation Areas.

After the exhibition period, all submissions will be reviewed and considered. A further report will be presented to the Council, potentially including recommended changes resulting from the Community Consultation process.

The final decision on the Masterplan’s implementation will be made by the NSW Government and the NSW Department of Planning, Housing, and Infrastructure.

Operational Plan Objective

C.3 An urban environment that maintains and enhances our sense of identity and place

C.3.1 Facilitate well designed, high quality and sustainable land use and development that is appropriately scaled to complement its surroundings

C3.2 Protect our unique built heritage and maintain or enhance local character

C.4 Sustainable, integrated transport, infrastructure and networks support population growth and improve liveability and productivity

C.4.2 Plan for a city that is safe, accessible and easy to get to and move around in.

Background

In December 2023, the NSW Minister for Planning announced the Transit-Oriented Development (TOD) program for 38 locations, including Croydon. Due to a lack of consultation on the selection process, both the Council and the community strongly opposed the inclusion of Croydon. As a result, Council led a campaign to protect heritage conservation areas and secure time to explore alternative options.

On 11 April 2024, Council received a letter from the Minister for Planning and Public Spaces (Attachment 12), agreeing to defer the implementation of the Croydon precinct from the TOD Housing SEPP to January 2025. This deferral was granted to allow Council time to complete a localised planning process addressing future growth and housing needs. The letter also warned that if the master planning work is not completed by the specified date, or if it does not provide equal or greater housing outcomes, the TOD provisions under the Housing SEPP would come into immediate effect for the Croydon precinct.

Community engagement conducted by Council between 11 April and 17 May 2024 indicated support for additional housing to be located north of the railway line in order to protect significant heritage on the southern side. It also raised concerns about road capacity, building design, and infrastructure needs.

On 25 June 2024, following community feedback, Council resolved to proceed with planning work on the area referred to as the Croydon Housing Investigation Area. This included appointing consultants and scheduling a progress report for August 2024.

On 13 August 2024, Council received a progress report confirming that consultants had been appointed to prepare a draft Masterplan, which would be presented to Council for endorsement and public exhibition at its October 2024 meeting.

This report presents the draft Masterplan for the Croydon Housing Investigation Area (HIA) to Council for consideration of endorsement prior to public exhibition. A copy of the draft Masterplan can be found in Attachment 1.

Proposal

Croydon Housing Investigation Area

On 25 June 2024 Council agreed to progress work on the Croydon Housing Investigation Area, outlined in Figure 1 below. A copy of this report to Council can be found at Attachment 4, containing detailed analysis relating to the identification of an appropriate investigation area.

The investigation area was arrived at through Council’s community engagement between 11 April and 17 May 2024 and focused on the ability to achieve “City Excellence” through housing delivery and diversity, delivering a great public domain and unique place creation. The selected area avoids significant impact on heritage, recognises existing locations of mid-rise housing, allows for the consideration of potential traffic impacts, and is within a 400-800m walking distance of two train stations and centres of activity.

Figure 1: Croydon Housing Investigation Area – showing 400-800m walking catchments

The extent of the study area is broad enough to ensure that consideration can be given to transitioning development to both the Burwood Town Centre in the west and to the low density areas eastwards. It also provides an opportunity to undertake appropriate analysis of the constraints and opportunities, including (but not limited to):

1. Relationship to Burwood Town Centre

2. Connectivity to Burwood and Croydon Railway Stations

3. Housing diversity and affordability

4. Height, Floor Space Ratio and Density

5. Built Form and transition to existing development

6. Desire future character and local services

7. Connectivity and walkability, including active transport facilities

8. Public domain improvements including street trees, verges and opportunities for future open space (may be outside the Croydon HIA, adjacent to existing open space).

It is important to note that this study area was identified for the purposes of the analyses to support the development of a Masterplan. The strategic merits of the study area were investigated against Council’s Operational Plan objectives as well as objectives of transit-oriented development principles balanced with minimising impacts to heritage buildings and areas.

Draft Masterplan

Council’s City Planning Team, together with Council’s appointed planning consultants have prepared a draft Croydon Masterplan that responds to the requisite housing capacity within the investigation area whilst meeting the goals of achieving “City Excellence” and transit-oriented development outcomes within the precinct. The Masterplan has been developed through a process of site analyses and visioning, scenario workshops and testing, and ongoing collaboration between the consultant team and Council’s City Planning Team. A copy of the draft Croydon Masterplan can be found at Attachment 1.

The draft Masterplan provides for a total of just over 3,600 potential additional dwellings in the HIA Precinct, considered to be adequate to meet the requirement for the Croydon TOD area. A full yield analysis can be found on page 65 of the draft Masterplan.

The draft Masterplan has been developed from a vision for the future of the Investigation Area, along with five priorities to support that vision. Each priority is supported by principles, strategies and actions to implement the vision. The five priorities come together to form a structure plan for the area, along with a series of character areas and a set of outcomes.

Vision

The vision for the draft Croydon HIA Masterplan is:

Positioned between the centres of Croydon and Burwood, Croydon HIA represents an important opportunity to provide sustainable and responsive urban renewal and design excellence.

Drawing from the vibrant and dynamic activity of nearby Burwood Town Centre, Croydon HIA will enable more residents to enjoy the unique cultural, food and retail destinations.

Croydon HIA will prioritise a more compact approach to development that will facilitate connectivity and ease of movement to enhance its walkability and liveability.

Croydon HIA is an inclusive community open to diversity and change.

Priorities

The Masterplan is underpinned by five priorities that guide the evolution of the precinct:

1. Locate Well-designed Housing in Areas with High Amenity

2. Create Neighbourhoods that are Distinct and Contextual

3. Plan for Better Active Transport Outcomes to Improve Connectivity to Surrounding Centres

4. Improve Access to Existing Open Space and Provide Opportunities for New Ones

5. Create a Green and Resilient Neighbourhood

Each of these priorities are proposed to be implemented through a range of principles, strategies and actions which are contained on pages 30-34 of the draft Masterplan at Attachment 1.

Planning, Place, and Design outcomes

The draft Masterplan envisages responsible planning, place, and design outcomes for the Croydon HIA guided by the following considerations:

· Density;

· Building Height;

· Primary and secondary setbacks;

· Connectivity and Green Street Opportunities;

· Active Transport Network;

· Public Domain and Open Space;

· Private Open Space; and

· Streetscape Improvements and Upgrades

To achieve the desired vision for the Croydon HIA and respond accordingly and in a balanced manner to future growth and housing needs, Figure 2 details the proposed density distribution across the study area and Figure 3 details the proposed building heights:

Figure 2: Croydon draft masterplan – proposed density

Figure 3: Croydon draft masterplan – proposed building heights

Character Areas/Precincts

The draft Croydon Masterplan articulates the desired future character into five character areas or precincts, to highlight the considered approach to the five priorities underpinning density, built form. amenity, liveability, open space, movement, and connectivity across the HIA. The draft Masterplan proposes a contextual response to delivering increased housing supply across the investigation area. Figure 4 below shows the proposed five character areas/precincts:

Figure 4: Proposed Character Areas/Precincts under Croydon draft Masterplan

Shaftsbury Road Precinct

1. The precinct along the eastern edge of Shaftesbury Road and north of the railway proposes FSRs ranging from 6:1 in the western portion down to 3.1 along its southern edge and 2.5:1 at its eastern edge.

2. New residential towers are proposed to a maximum height of up to 30 storeys, with street wall heights of up to 6 storeys, at the western edge, to better transition with building heights in Burwood Town Centre.

3. The precinct proposes public domain improvements that include Waimea Street and Shaftesbury Road as part of a larger east-west active transport corridor connecting Croydon to Burwood.

4. The through-site links and active transport corridor will also create opportunities for key public open spaces such as small pocket parks and plazas to provide improved amenity in the area on nominated key sites.

Railway North Precinct

1. This precinct is located adjacent to the east of Shaftsbury Road Precinct and along the railway, transitioning down in building height to minimise impacts to existing heritage conservation areas and buildings.

2. FSRs in this precinct range between 2.5 – 3:1 and the predominant maximum building height is 8 storeys with key sites proposed to be up to 11-15 storeys, located either adjacent to the rail corridor or the north-eastern corner of the precinct to facilitate new public open space and through-site connections.

Croydon Core Precinct

1. Located adjacent to the north of Croydon Station, this precinct bookends the Railway North Precinct and includes the land to the north-west of Croydon Station.

2. A FSR of 3:1 is proposed in this precinct with street wall height of up to 6 storeys and tower development up to a maximum 15 storeys – built form outcomes that take advantage of the precinct’s proximity to the station and nearby Croydon Town Centre.

Croydon Low Density Dwelling Residential Precinct

1. This precinct is the largest in the draft Masterplan and development uplift is not proposed.

2. This precinct includes the existing network of schools and parks, and is part of the wider Croydon HIA’s interface with the surrounding suburban residential characteristics.

3. It is envisaged that this locality will benefit from public domain upgrades proposed under the draft Masterplan, in the form of new north-south cycle connections and green streets.

Railway South Precinct

1. Under the draft Masterplan development uplift is not proposed given its proximity to Malvern Hill Heritage Conservation Area and several high value heritage items. This precinct has been deferred for future consideration.

Structure Plan

The Structure Plan as shown in Figure 5 below proposes higher density at the western portion of the Croydon HIA, and north of the railway along Shaftesbury Road. Locating higher densities in this part of the HIA enables a contextual transition in density and built form outcomes that respond to the strategic merits and importance of the adjoining Burwood Town Centre to the west.

The draft Masterplan proposes building heights and densities to transition down from the western edge and eastwards to preserve existing heritage conservation areas, heritage items, and the predominant suburban character of the Croydon HIA. Intermittent key sites in the HIA are proposed to benefit from development uplift to facilitate new east-west connectivity and increased public open space. Some sites closer to Croydon station and the rail corridor will also be of higher densities to take advantage of minimal impacts to residential amenity, and proximity to public transport and local neighbourhood shops.

The draft Masterplan for the Croydon HIA contextually places future residents close to public transport connections, the vibrancy and amenity offered by a key strategic centre that is Burwood Town Centre, and the suburban residential locality of Croydon.

The draft Masterplan through the Structure Plan also seeks to preserve the heritage fabric of Croydon by retaining all existing heritage items within the Croydon HIA, with opportunities for some of them to be incorporated or adaptively reused as part of larger, integrated developments. The Lucas Road HCA is retained alongside the other HCAs within the Croydon HIA, including the Malvern Hill, Ivanhoe Road and Froggatt Crescent HCAs.

The detailed Structure Plan below can be found on page 41 of the draft Masterplan.

Figure 5: Croydon Master Plan – Structure Plan

Amendments to the LEP

In order to implement the Croydon Masterplan a number of amendments to the Local Environmental Plan LEP are required. These amendments include:

· Amending height and floor space ratio (FSR) maps;

· Amending the exceptions to FSR clause to permit higher density development in the nominated areas where certain requirements are met;

· Expanding the design excellence requirements to the HIA precinct;

· Including environmental impacts as assessment criteria for design excellence;

· Introducing the ability to call for design competitions;

· Excluding higher level balconies and ground floor bicycle parking from FSR calculations; and

· Introducing a new Part to the LEP that contains the particular development provisions for the Croydon North area such as amalgamation and site area requirements, a minimum 2% affordable housing requirement, open space provision, through site links and car parking considerations.

These proposed LEP amendments will be exhibited along with the draft Masterplan as they have been drafted to implement the provisions contained within the draft Masterplan. It is anticipated the Minister would amend the Burwood LEP at the same time as agreeing to the Masterplan.

A copy of proposed amendments to the LEP along with an explanation of each can be found at Attachment 2.

Timeline

The Council initiated community engagement for Croydon in April 2024 and began the development of a masterplan, aiming to achieve a balanced approach that proposes higher density near Burwood Town Centre, preserves heritage, enhances public spaces, and integrates improved transport and parking options.

The high-level estimated timeline for the project is as follows:

*Timeline*	*Activity*
December 2023	NSW Government TOD Announcement
December 2023 to April 2024	Council advocacy against TOD proposal
April to May 2024	NSW Government deferral announcement, Council initial community engagement
May to June 2024	Review and identify Investigation area in response to community submissions
June to October 2024	Undertake constraints analysis and Prepare draft Masterplan
October 2024	Council to consider draft Masterplan
November 2024	Exhibition of draft Masterplan
November 2024	Council to consider submissions and adopt Masterplan
January 2025	Adopted Masterplan sent to Department/Minister for review, determination and implementation or NSW Government TOD provisions will apply.

Consultation

In April-May 2024 initial consultation was undertaken to identify the housing uplift Investigation Area.

If endorsed, the draft Masterplan, along with all supporting documentation, will be exhibited for a period of 28 days, from 23 October to 20 November 2024. Council’s Participate Burwood platform will host a copy of the draft Masterplan along with supporting information, and provide an opportunity for the local community provide feedback/make a submission. The supporting information, Appendices A-F of the Masterplan, can be found at Attachments 5-10.

The Croydon Masterplan community consultation and stakeholder engagement will be conducted in line with Burwood Council’s Community Engagement Strategy 2023-2026, employing a combination of face-to-face and digital engagement methods to ensure comprehensive community involvement. To reduce barriers to participation, all engagement materials will be designed using simplified language and visual aids, making them accessible to the diverse population within the Burwood LGA.

Face-to-face engagement will include a series of 10 drop-in sessions at key locations in Burwood Town Centre and Croydon Town Centre. These sessions will provide an opportunity for local residents, business owners, and community groups to offer feedback in a personal, interactive setting. Concurrently, digital engagement will be facilitated through Participate Burwood and a promotional video hosted on the Council’s website and social media platforms, ensuring broader access to the consultation process.

Additionally, targeted stakeholder consultation will involve the resident letters, poster boards, brochures, and presentations to Councillors. Specific consultations with elected officials, schools, community organisations, utilities, emergency services, state agencies and health services will ensure that the needs and priorities of key stakeholders are considered in the finalisation of the masterplan. Following the public exhibition period, a community update newsletter, along with the release of the final masterplan, will ensure transparency and provide a summary of the feedback incorporated into the final vision for the Croydon HIA. The results of the public exhibition are proposed to be reported to Council at its meeting on 26 November 2024.

A copy of the Croydon Masterplan Stakeholder Engagement Plan can be found at Attachment 3, and a copy of the consultation letter send to owners and residents can be found at Attachment 13.

Planning or Policy Implications

The NSW Government amended the Housing SEPP to implement the TOD Program, overriding other planning instruments, including the Burwood LEP 2012. A map identifies affected lots, mainly those allowing residential development. With the Croydon Precinct deferred from the SEPP, Council is preparing a draft Masterplan and Implementation Plan, aiming to enhance the precinct by increasing zoned density while maximising public benefits such as setbacks, street trees, parking, active transport, and community facilities, supported by technical analysis. Changes will be incorporated into the Housing SEPP or the Burwood LEP, with site-specific provisions in the Burwood DCP. A copy of proposed amendments to the LEP along with an explanation of each can be found at Attachment 2 whilst the proposed DCP provisions are contained in the Draft Masterplan which can be found in Attachment 1.

Financial Implications

The Masterplan is funded by the City Planning Operational Budget. An application for $600,000 under Stream 1 of the Australian Government’s Housing Support Program was unsuccessful. Due to the lack of funding from the NSW Government, redirecting funds and resources from other projects to meet the tight timeline for the Croydon Precinct may slow progress on initiatives such as the Burwood North implementation. The Council continues to advocate for State and Federal Government funding to support the delivery of these critical plans and projects for the community.

Options

Should Council decide not to endorse the Masterplan for the purposes of public exhibition, Council will not be able to meet the Minister’s timeframe for presenting an alternative approach in line with the requirements of the deferral, by January 2025. This will result in the TOD State Environmental Planning Policy coming into effect over all land within the vicinity of the Croydon Station within the Burwood LGA.

It is therefore recommended that Council adopt the Masterplan for the purposes of public exhibition, noting that refinements to the Masterplan are possible after exhibition closes.

Conclusion

Council secured a deferral of the NSW Government’s Croydon Precinct TOD Program inclusion until January 2025, to pursue a detailed local planning process. The draft Masterplan aims to respond to future growth and housing delivery through considered uplift to land use zoning, density and building heights whilst ensuring maximum public benefits through heritage protection, setbacks, street trees, parking, active transport, and community facilities.

Early community engagement undertaken by Council supports additional housing, especially north of the railway line between Croydon station and Burwood Town Centre. Councis planning consultants have developed a draft Masterplan that responds to community feedback whilst designing for the required housing capacity and also satisfying the planning objectives for “City Excellence” in the HIA. It is recommended that the draft Masterplan be exhibited for public comment, noting that opportunities to refine the masterplan post-exhibition are available. Failure to meet the January 2025 timeline will result in the NSW Government's TOD program implementation without further notice.

Recommendation(s)

1. That Council endorse the draft Croydon Housing Investigation Area Masterplan for the purposes of public exhibition.

2. That the draft Croydon Housing Investigation Area Masterplan be exhibited for a period of at least 28 days.

3. That a further report be presented to Council in November 2024 to provide the outcomes of the public exhibition and subsequent recommendations and next steps with respect to the draft Masterplan

Attachments

1 ⇨ Attachments published as separate paper (13 attachments)

Council Meeting 22 October 2024

(Item 59/24) Adoption of Audited Financial Reports for the Year Ended 30 June 2024

File No: 24/41947

Report by Director Corporate Services

Summary

In accordance with Section 418 (1)(a) of the Local Government Act 1993 (the Act), Council must fix a date for the meeting at which it proposes to present its Audited Financial Report, together with the Auditor’s Report. The presentation of this Report to this Council Meeting fulfils this requirement.

In all material respects, the financial statements are presented fairly in accordance with Australian Accounting Standards and other mandatory professional reporting requirements and statutory requirements so as to present a view which is consistent with Council’s understanding of the financial position, the operating result and cash flows.

Operational Plan Objective

2.3 Ensure financial sustainability and organisational effectiveness

Background

As per the resolution of the 13 August 2023 Council Meeting, the Financial Reports for year ending 30 June 2024 were presented to Council’s Auditor for audit.

There have been no major changes to the 2023/24 figures between presentation and finalisation of audit. The main changes made relate to the presentation of the prior year errors. A summary of the prior year changes is included in Note F4-1 of the Annual Financial Statements.

The auditors concluded the final audit of the 2023-2024 Financial Statements in October 2024.

Council have received their Independent Audit Report and Report on the Conduct of the Audit for inclusion in the Financial Reports for submission to the Office of Local Government following Council’s adoption of the Financial Reports.

Council’s Auditor presented the audited Annual Financial Statements to the Audit, Risk and Improvement Committee at the meeting held on 15 October 2024, where the auditors gave a presentation and answered questions on the presented statements. The Committee members present at the meeting accepted the Financial Statements with no alterations.

Consultation

In accordance with Section 418(1) (b) of the Act, Council has given public notice of this meeting by advertising on Council’s website. Copies of the Audited Financial Reports and Auditor’s Report were placed on Public Exhibition at Burwood Council and Library, 2 Conder Street Burwood and on Council’s website for members of the public to view. Any written submissions received from the public will be deliberated and considered by the General Manager and copies forwarded to Council’s Auditors.

Planning or Policy Implications

In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the following have been complied with:

· A copy of the Audited Financial Reports and Auditor’s Report will be forwarded to the Office of Local Government.

· Public notice has been given for the presentation of the 2023-2024 Financial Reports.

· The date of this meeting was advised to the public after the date of public notices given and not more than five weeks after the Auditors Report was received.

Financial Implications

There are no direct Financial Implications from the presentation of the Audited Financial Reports to Council

Conclusion

The 2023-2024 Annual Financial Reports relate to the General Fund of Council. During the course of the audit no material adjustments to the financial statements were identified. The audited financial reports will be forwarded to the Office of Local Government in accordance with legislative requirements.

Copy of the Annual Financial Statements are attached to this report.

Recommendation(s)

1. That in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005, the Council make the following declaration:

a. That Councils Financial Reports have been drawn up in accordance with the Local Government Act 1993 and associated Regulations; the Statement of Accounting Concept; the local Government Code of Accounting Practice and Financial Reporting update December 2023; and the Australian Accounting Standards.

b. The Audited financial reports present fairly the Council’s financial position and performance for the year

c. These reports accord with Council’s accounting and other records

2. That the Council note that the 2023-2024 Audited Financial Reports and Auditor’s Report will be forwarded to the Office of Local Government.

Attachments

1 ⇩ Annual Financial Statements 2024

Council Meeting 22 October 2024

(Item 60/24) Annual Disclosure of Interest Returns by Councillors and Designated Persons

File No: 24/41590

Report by Director Corporate Services

Summary

The General Manager is required under the Local Government Act 1993 and supporting instruments to table written returns of interests for councillors and designated persons at a meeting of Council. Annual returns for the period 2022–23 are now due to be formally received and noted.

Operational Plan Objective

C.11.1 Conduct Council business with transparency, accountability, compliance and probity that ensures community confidence in decision making

Background

Sections 440AAA and 440AAB of the Local Government Act 1993 establish the framework for disclosure of interests that must be completed by councillors and designated persons. The returns are fundamental transparency and accountability documents and as such must be retained as part of a publicly accessible register.

Section 6(2) of the Government Information (Public Access) Act 2009 stipulates that certain open access information must be made publicly accessible on the Council website. Returns of interests of councillors, designated persons and delegates are classed under Schedule 1 of the Government Information (Public Access) Regulation 2018 as open access information for the purposes of website publication. These requirements are mirrored in clause 4.2 of the three Codes of Conduct adopted by Burwood Council.

Discussion

Specific requirements for preparation and lodgement of returns is contained in the Model Code of Conduct that is required under the Local Government Act 1993. The Model Code is the basis of the three Codes of Conduct in place at Burwood Council. All councillors and designated persons must lodge disclosure of interest returns within 3 months of:

a) becoming a councillor or designated person (first time return)

b) 30 June each year

c) the councillor or designated person becoming aware of an interest they are required to disclose under Schedule 1 of the Burwood Council Codes of Conduct that has not been previously disclosed in a return lodged in a first time return or an annual return.

A ‘designated person’ is described in clause 4.8 of the Codes of Conduct as:

a) the general manager

b) other senior staff of the council

c) a person (other than a member of the senior staff of the council) who is a member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions under the LGA or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

d) a person who is a member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council’s functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.

Under the Code of Conduct for Council Committee Members, Delegates of Council, Council Advisers, Volunteers, Contractors and Members of Wholly Advisory Committees and the Audit Risk and Improvement Committee Charter, members of the Audit Risk and Improvement Committee are designated persons and are required to submit an annual disclosure of interest.

The relevant officer positions for the purposes of identifying designated persons were confirmed by the General Manager on 11 March 2024. All councillors, designated persons and ARIC members who held that role as at 30 June 2023 have lodged their returns in the prescribed format, other than two officers who separated from Council shortly after that date before completing their annual return.

Preparation and proactive release of disclosure of interests returns are important elements in promoting public accountability of Council. They help to protect the integrity of Council’s decision making processes by allowing scrutiny of potential conflicts of interest that could arise where councillors or other key council officials participate in decision making from which they or their close associates may derive (or be perceived to derive) personal or financial benefit. The returns have been published on Council’s website in line with statutory requirements.

In accordance with the clause 4.22 of the Codes of Conduct, those officials who submitted a first-time or updated return in the 3 months prior to June 2024 are not required to submit a further annual return.

Conclusion

Pursuant to Section 440AAB of the Local Government Act 1993, the returns for the period ended 30 June 2023, together with any other updated or ‘first time’ returns, are now formally tabled for information from the following council officials:

Councillors

§ Councillor Heather Crichton

§ Councillor Ned Cutcher

§ Councillor David Hull

§ Councillor Pascale Esber

§ Mayor John Faker

§ Deputy Mayor George Mannah

§ Councillor Hugo Robinson

Council officers

§ Tommaso Briscese (General Manager)

§ Ryan Cole (Director, City Strategy)

§ Tara Donaldson (Director People & Performance)

§ George El Kazzi (Director City Assets)

§ Brooke Endycott (Director Community Life)

§ Fab Zincone (Director Corporate Services)

§ Georgina Aznar (Strategic Planner (Environment))

§ Bill Adamopoulos (Manager, Design & Assets)

§ Michelle Butler (Coordinator Governance)

§ Patrick Ceran (Project Manager)

§ Dylan Chen (Development Assessment Planner)

§ Roberto Di Federico (Manager Traffic & Transport)

§ Catherine Hanna (Assistant Planner)

§ Jenny Hoff (Manager Community & Culture)

§ Martin Jenner (Manager Community Safety)

§ Raj Khanal (Manager Procurement)

§ Manoj Kumar (Group Manager Operations)

§ Erica Lacuna (Assistant Planner)

§ Neil Leckie (Grants Coordinator – Major Projects)

§ Shisir Manandhar (Manager Information Technology)

§ Michael McGee (Manager Waste & Cleansing)

§ Scott McMurray (Manager Enfield Aquatic Centre)

§ Danielle McQuoid (Manager Library & Community Hub)

§ David Milliken (Senior Strategic Planner Consultant)

§ Julie Mockett (Manager Customer Experience & Business Improvement)

§ Sumathi Navaratnam (Manager City Planning)

§ Isabella Nguyen (Assistant Planner)

§ Vanessa O’Shea (Projects & Contracts Officer)

§ Daniel Pocaterra (Maintenance Officer)

§ Gaanesh Prasad (Project Manager, Burwood Urban Park & Cultural Centre)

§ Dominique Roberts (Cultural Projects & Public Art Producer)

§ Michelle Prichard (Revenue Coordinator)

§ Julian Sciarrone (Senior Town Planner)

§ Sarah Seaman (Finance Manager)

§ Alastair Sim (Development Assessment Officer)

§ Charlie Svinos (Manager Civil Construction and Maintenance)

§ Mikaela Thorogood (Manager Property)

§ Robert Toohey (Executive Planner)

§ Neda Vandchali (Executive Urban Designer)

§ Miriam Wassef (Executive Manager Place Management & Communications)

Audit, Risk and Improvement Committee members

§ Daniel Carbone (Chair)

§ Jesse Jo (Independent Member)

§ Simon Schwarz (Independent Member)

Recommendation(s)

That Council notes:

1. the tabling of disclosure of interest returns in accordance with Part 4 of the Codes of Conduct and the Local Government Act 1993 for the Council officials listed in this report

2. that mandatory proactive release of the returns via publication on the Council website has been effected in accordance with clause 4.2 of the Burwood Council Code of Conduct and the Government Information (Public Access) Act 2009.

Attachments

There are no attachments for this report.

	Cr John Faker Mayor 9911 9916 mayor@burwood.nsw.gov.au
	Cr Sukriti Bhatta sukriti.bhatta@burwood.nsw.gov.au		Cr Pascale Esber 0428 459 667 pascale.esber@burwood.nsw.gov.au
	Cr David Hull 0428 369 269 david.hull@burwood.nsw.gov.au		Cr George Mannah 0428 363 826 george.mannah@burwood.nsw.gov.au
	Cr Deyi Wu deyi.wu@burwood.nsw.gov.au		Cr Alex Yang alex.yang@burwood.nsw.gov.au

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Reports to Council

(Item 54/24) Election of Deputy Mayor

(Item 55/24) Filling of casual vacancies in first 18 months of Council term by countback of votes

(Item 56/24) Exhibition of the draft Croydon Housing Investigation Area Masterplan

(Item 57/24) Local Government NSW Annual Conference

(Item 58/24) Council meeting and briefing dates for 2024 and 2025

(Item 59/24) Adoption of Audited Financial Reports for the Year Ended 30 June 2024

(Item 60/24) Annual Disclosure of Interest Returns by Councillors and Designated Persons