Ordinary Council Meeting Tuesday, 23 April 2024

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Ordinary Council Meeting

DATE:

Tuesday, 23 April 2024

TIME:

6:00pmVENUE:

Council Chambers
Level 1, City Administration Centre
12 Stewart Avenue
Newcastle West NSW 2302

17 April 2024
Please note:
Meetings of City of Newcastle (CN) are webcast. CN accepts no liability for any defamatory, discriminatory or
offensive remarks or gestures made during the meeting. Opinions expressed or statements made by participants
are the opinions or statements of those individuals and do not imply any form of endorsement by CN. Confidential
matters will not be webcast.
The electronic transmission is protected by copyright and owned by CN. No part may be copied or recorded or madeavailable to others without the prior written consent of CN. Council may be required to disclose recordings where
we are compelled to do so by court order, warrant or subpoena or under any legislation. Only the official minutes
constitute an official record of the meeting.
Authorised media representatives are permitted to record meetings provided written notice has been lodged. A
person may be expelled from a meeting for recording without notice. Recordings may only be used for the purposeof accuracy of reporting and are not for broadcast, or to be shared publicly. No recordings of any private third-party
conversations or comments of anyone within the Chamber are permitted.
In participating in this Meeting, Councillors are reminded of their oath or affirmation of office made under section
233A of the Local Government Act 1993, and of their obligations under City of Newcastle’s Code of Conduct forCouncillors to disclose and appropriately manage conflicts of interest.

City of Newcastle
PO Box 489, Newcastle NSW 2300
Phone 4974 2000
newcastle.nsw.gov.au

Enquiries
City of Newcastle
PO Box 489, Newcastle NSW 2300

Ordinary Council Meeting Tuesday, 23 April 2024

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Agenda

1. ATTENDANCE
2. ACKNOWLEDGEMENT OF COUNTRY
3. PRAYER
4. APOLOGIES / LEAVE OF ABSENCE / ATTENDANCE BY AUDIO VISUAL LINK
5. DISCLOSURES OF INTEREST
6. CONFIRMATION OF MINUTES ............................................................................ 4
6.1. MINUTES - ORDINARY COUNCIL MEETING 26 MARCH 2024 ................... 4
7. LORD MAYORAL MINUTE ................................................................................. 16
8. REPORTS ............................................................................................................ 16
8.1. PUBLIC EXHIBITION OF DRAFT DELIVERING NEWCASTLE 2040 PUBLIC EXHIBITION .................................................................................... 16
8.2. ADOPTION OF THE GEORGETOWN PUBLIC DOMAIN AND TRAFFIC
PLAN ............................................................................................................ 21
8.3. ENDORSEMENT OF MOTIONS TO THE 2024 NATIONAL GENERALASSEMBLY OF LOCAL GOVERNMENT ...................................................... 27
8.4. ADVISORY COMMITTEES ANNUAL REPORTS ......................................... 47
8.5. URBAN DESIGN REVIEW PANEL (UDRP) - ANNUAL REPORT 2023 ....... 50
8.6. SUPPLEMENTARY REPORT - NEWCASTLE CITY CENTRE HERITAGECONSERVATION AREAS REVIEW .............................................................. 54
8.7. UPPER HUNTER SHIRE COUNCIL - MEMORANDUM OF
UNDERSTANDING ....................................................................................... 54
8.8. MUSWELLBROOK SHIRE COUNCIL - MEMORANDUM OF
UNDERSTANDING ....................................................................................... 66
8.9. MINISTER'S CONSENT APPLICATION FOR LEASING CITY OF
NEWCASTLE MANAGED LAND ................................................................... 78
8.10. AFFIXING COUNCIL SEAL TO DEEDS OF INDEMNITY FOR
NEWCASTLE AIRPORT COMPANIES ......................................................... 83
8.11. EXECUTIVE MONTHLY PERFORMANCE REPORT................................. 86
8.12. TENDER REPORT - FORESHORE PARK AMENITIES BUILDING CONTRACT NO. 2024/043T ......................................................................... 89
9. NOTICES OF MOTION ........................................................................................ 93
9.1. CREATING A COMMUNITY GARDEN IN BERESFIELD ............................. 93
9.2. NEWCASTLE CITY COUNCIL SUPPORT THE 25TH ANNIVERSARY OF
THE STATE FINALS OF THE SCIENCE AND ENGINEERING CHALLENGEHELD AT THE UNIVERSITY OF NEWCASTLE IN 2015 .............................. 95

Ordinary Council Meeting Tuesday, 23 April 2024

Page 39.2.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - NEWCASTLE
CITY COUNCIL SUPPORT THE 25TH ANNIVERSARY OF THE STATEFINALS OF THE SCIENCE AND ENGINEERING CHALLENGE HELD AT THE
UNIVERSITY OF NEWCASTLE IN 2025......................................................... 97
9.3. UPDATE LORD MAYOR AND CHIEF EXECUTIVE OFFICER DIARIES ..... 99
9.3.1. REPORT ON NOTICE OF MOTION - NOM 23/4/24 - UPDATE LORD
MAYOR AND CEO DIARIES ......................................................................... 100
9.4. IMPROVING AMENITY AND SAFETY IN HAMILTON FOR
BUSINESSES/EMPLOYEES, RESIDNENTS AND VISITORS TO HAMILTONRAILWAY STATION/AWABA PARK ........................................................... 101
9.4.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - IMPROVINGAMENITY AND SAFETY IN HAMILTON FOR BUSINESSES/EMPLOYEES,RESIDENTS AND VISITORS TO HAMILTON RAILWAY STATION/AWABAPARK ............................................................................................................. 108
9.5. FOSSIL FUEL NON-PROLIFERATION TREATY ENDORSEMENT .......... 111
9.6. ESTABLISHING A PERMANENT PATHWAY FOR WORK EXPERIENCE 113
9.6.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - ESTABLISHING A
PERMANENT PATHWAY FOR WORK EXPERIENCE ................................. 114
10. CONFIDENTIAL REPORTS ............................................................................ 117

For documents marked 'Distributed under Separate Cover' refer to Council's website at
http://www.newcastle.nsw.gov.au/
Note: Items may not necessarily be dealt with in numerical orderOrdinary Council Meeting Tuesday, 23 April 2024

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6. CONFIRMATION OF MINUTES
6.1. MINUTES - ORDINARY COUNCIL MEETING 26 MARCH 2024
RECOMMENDATION
The draft minutes as circulated be taken as read and confirmed.

ATTACHMENTS
Attachment A:

Public Minutes Ordinary Council Meeting 26 March 2024
Note: The attached minutes are a record of the decisions made byCouncil at the meeting and are draft until adopted by Council. They
may be viewed at www.newcastle.nsw.gov.au

Ordinary Council Meeting Tuesday, 23 April 2024

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Minutes
Ordinary Council Meeting
Council Chamber, Level 1, City Administration Centre, 12 Stewart Avenue,
Newcastle West, Tuesday, 26 March 2024 at 6:06pm.

1. ATTENDANCEThe Lord Mayor (Councillor N Nelmes), Councillors E Adamczyk, J Barrie, J Church,
D Clausen, J Mackenzie, C McCabe, C Pull, D Richardson, K Wark, P Winney-Baartz
and M Wood.
J Bath (Chief Executive Officer), D Clarke (Executive Director Corporate Services and
CFO), A Jones (Executive Director Creative and Community Services), C Thomson(Executive Director City Infrastructure), M Bisson (Executive Director Planning andEnvironment), E Kolatchew (Executive Manager Legal and Governance), S Moore(Executive Manager Finance, Property and Performance and Deputy CFO), N Kaiser(Executive Manager Media Engagement and Corporate Affairs), P Emmett (Interim
Executive Manager Planning and Development), A Lopez (Chief Information Officer),
L Jackel (Media Adviser), M Hughes (Media Adviser), J Knight (Councillor
Services/Minutes), K Sullivan (Councillor Services/Meetings Support), L Barnao(Councillor Services/Meetings Support), R Williams (AV Support) and A Clarke(Information Technology Support).
2. ACKNOWLEDGEMENT OF COUNTRY
The Lord Mayor read the message of acknowledgement to the Awabakal and Worimi
peoples.
3. PRAYER
The Lord Mayor read a prayer and a period of silence was observed in memory of
those who served and died so that Council might meet in peace.
4. APOLOGIES / LEAVE OF ABSENCE / ATTENDANCE BY AUDIO VISUAL LINKMOTION
Moved by Cr Adamczyk, seconded by Cr Pull
The apology submitted on behalf of Councillor Duncan be received and leave ofabsence granted.
CarriedOrdinary Council Meeting Tuesday, 23 April 2024

Page 6MOTION
Moved by Cr Barrie, seconded by Cr Mackenzie
The requests submitted by Councillor Church to attend by audio visual link be received
and leave granted.
Carried5. DISCLOSURES OF INTEREST
Councillor Church
Councillor Church declared a significant, pecuniary conflict of interest in Item 9.2 Ending No-Grounds Evictions in NSW stating that he worked in the residential property
industry and would manage the interest by leaving the meeting for discussion on theitem.
6. CONFIRMATION OF MINUTES
6.1. MINUTES - ORDINARY COUNCIL MEETING 27 FEBRUARY 2024
MOTION
Moved by Cr Barrie, seconded by Cr Mackenzie
The draft minutes as circulated be taken as read and confirmed.
Carried unanimously
7. LORD MAYORAL MINUTE
7.1 ACKNOWLEDGING SUE RYAN'S 50 YEARS OF SERVICE TO THE CITY OF
NEWCASTLE
MOTION
Moved by Lord Mayor, Cr Nelmes
That City of Newcastle:
1. Notes that 18 March 2024 marked 50 years of service to the City of Newcastle
by Sue Ryan who commenced as a Library Cadet at Newcastle Public Libraryin 1974.
2. Notes that in recent years Sue has researched significant events for important
people in Newcastle and at City of Newcastle as the Coordinator of Local
Studies at City Library. Her career started quite differently, in branch libraries
at Adamstown, New Lambton, Hamilton, Lambton and Wallsend and diverted
to the original Reference Library and Local Studies.
3. Acknowledges Sue's many contributions and significant activities in her career
including:Ordinary Council Meeting Tuesday, 23 April 2024

Page 7a. planning and delivery and of the Wacky Wombat Show at events like the
Matara Parade and the Newcastle Show. Grown up children continued
to stop Sue in the street and remind her of her role as a puppeteer for
many years.
b. meticulous planning of a Collection Management strategy to reorganise
the non-fiction collection of the entire Newcastle Library into subject orinterest categories. This successful display methodology is still in place
today. This was a huge undertaking that was replicated by libraries
throughout Australia.
c. planning and installing exhibitions in the Lovett Gallery and Local Studies
Lounge to commemorate important dates and events in Newcastle's
history. It was at her instigation that the first British Gas Wildlife
Photographer of the Year came to Australia and continued to exhibit in
the Lovett Gallery for 30 years.
d. She has also written and published books such as the 50th Anniversary
booklet of the War Memorial Cultural Centre (City Library).
e. All this occurred under the direction of Managers Charles Smith, Chris
Williams, Rod Blacker, Deborah Lisson, David Jenkins, Noelle Nelson,
Suzie Gately and Julie Baird.
4. Notes that along the way Sue gained her Library Practice Certificate at TAFE,
completed Registration Examinations with the Library Board of NSW andmajored in linguistics at Newcastle University. She attained a Master of
Educational Studies in 1986 and a Master of Applied Science in Information
Studies from Charles Sturt University in 1997.
5. Sue has had an enduring love of sport. This has cemented many friendships
over the past 50 years. Her most important celebrations were two Newcastle
Knights premierships! How lucky was she to be on the doorstep of the paradeand balcony celebration at City Hall. Sue's sport report after State of Origin
matches at stand-up meetings are legendary. Not withstanding, her choice of
uniform on the day.
6. Awards a Service Medal commemorating Sue's 50 years of service with City of
Newcastle.
7. Extends its sincere gratitude to Sue for her hard work, incredibly long record of
employment and dedication to the City of Newcastle. Congratulations Sue!
Carried unanimously
Sue Ryan was presented with the City of Newcastle Service Medal by the Lord Mayorand congratulations extended by all Councillors.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 87.2 HUNTER & CENTRAL COAST REGIONAL PLANNING PANEL WINTENDEVELOPMENT APPLICATION IN MINMIMOTION
Moved by Lord Mayor, Cr Nelmes
That City of Newcastle:
1. Reiterates that we do not support the outdated 2013 Concept Plan approvedby the NSW Government for Development Application - DA2018/01351 for 858
lots at Woodford Street, Minmi;
2. Reiterates that the outdated 2013 Concept Plan approval for this site does notmeet community expectations and contemporary planning instruments
available in 2024, and therefore;
3. Calls on the NSW Government to heed community and Council concerns,
immediately halt the development assessment process, and revise theproposal in accordance with contemporary planning expectations andinstruments.
For the Motion:

Lord Mayor, Councillor Nelmes and Councillors Adamczyk,
Clausen, Mackenzie, McCabe, Richardson, Winney-Baartz andWood.

Against the Motion:Councillors Barrie, Church, Pull and Wark.
Carried7.3 MARK HUGHES FOUNDATION 10 YEAR ANNIVERSARYMOTION
Moved by Lord Mayor, Cr Nelmes
That City of Newcastle:
1. Notes that 6 March 2024 marked 10 years since the official launch of the Mark
Hughes Foundation.
2. Acknowledges its founders, former Newcastle Knight Mark Hughes and his wife
Kirralee, for their strength and leadership in starting the foundation in the midstof their own cancer journey following Mark's brain cancer diagnosis.
3. Notes that brain cancer is the leading cause of cancer death in children, andadults aged under 40 in Australia with a very high mortality rate and survival
rates which have hardly changed for more than 35 years.
4. Acknowledges that to date, around 1 million MHF Beanies have been sold,raising millions of dollars for research, Brain Cancer Care nurses in regional
Australia and supporting brain cancer patients, carers and their families.
Indeed, in this time the Mark Hughes Foundation has raised around $30 million

Ordinary Council Meeting Tuesday, 23 April 2024

Page 9dollars in support of its goals, with a $25 million research centre established at
the University of Newcastle to assist in fast tracking brain cancer research,
reduce mortality rates, and hopefully one day find a cure.
5. Congratulates Mark, Kirralee and everyone at the Mark Hughes Foundation forreaching this inspiring milestone.
Carried
7.4 NEWCASTLE'S HIGH-SPEED RAIL STATION LOCATIONMOTION
Moved by Lord Mayor, Cr Nelmes
That City of Newcastle:
1. Notes that the Federal Government's High Speed Rail Authority (HSRA)
recently announced that it was seeking tenders for work that will support it todeliver a business case for the Sydney to Newcastle section of the high-speed
rail network by the end of 2024.
2. Notes that the work will help inform important elements of the business caseincluding proposed alignment, station locations, fleet, cost estimate and future
construction timeframes. Delivering a business case is critical to the success of
this project.
3. Writes to Chief Executive Officer of the HSRA, Mr Tim Parker regarding
Broadmeadow, which is the only viable location in the Greater Newcastle region
for consideration as Newcastle's station location, due to its strategic placement
and planned redevelopment. This position is supported by the project's
inclusion in Infrastructure Australia's Priority List which highlights how the
precinct supports multiple objectives of government.
4. Highlights within that correspondence Broadmeadow's benefits, and it being
best placed to meet the HSRA's objectives, including due to its identification in
local and state strategic plans for large scale urban renewal and planned future
housing supply of at least 17,000 new dwellings, inclusion of Hunter Park sportand entertainment precinct, and connections with current and future public
transport facilities, arterial roads and significant NSW Government owned
lands.
5. Acknowledges the Federal Albanese Government has committed $500 million
for the planning and corridor protection of the Sydney to Newcastle section,
established the High Speed Rail Authority and determined the business casewill be done by the end of 2024.
6. Notes our support for the project, and acknowledges the enormous economic
benefit that the project will deliver to the local and state economies, in addition
to providing increased public transport options for commuters.
Carried unanimouslyOrdinary Council Meeting Tuesday, 23 April 2024

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8. REPORTS
8.4. EXECUTIVE MONTHLY PERFORMANCE REPORTMOTION
Moved by Cr Barrie, seconded by Cr McCabe
That Council:
1 Receives the Executive Monthly Performance Report for February 2024.
Carried unanimously
8.5. GRANTING OF EASEMENT - AUSGRID-UON FEEDER NETWORKUPGRADE
MOTION
Moved by Cr Clausen, seconded by Cr Pull
That Council:
1 Approve the creation of an easement for electricity purposes over
Operational Land at Lot 86 DP249785 (78 Cameron Street, Jesmond) (Land)as shown at Attachment A, for $7,500 (plus GST) compensation.
2 Grant authority to the Chief Executive Officer or his delegate to execute all
relevant documentation to authorise the transaction.
Carried unanimously
8.1. MEMORIAL DRIVE BAR BEACH PEDESTRIAN AND CYCLIST MOVEMENTMOTION
Moved by Cr Clausen, seconded by Cr McCabe
That Council:
1

Approves the pedestrian and cyclist improvements on Memorial Drive, Bar
Beach, as shown in Attachment A.
Carried unanimouslyOrdinary Council Meeting Tuesday, 23 April 2024

Page 118.2. ADOPTION OF NEWCASTLE CITY CENTRE HERITAGE CONSERVATION
AREAS REVIEW FINAL REPORTMOTION
Moved by Cr Clausen, seconded by Cr Wark
That Council:
1 Adopts the HCAs Review (Attachment A)
2 Resolves to commence the process to amend the LEP in accordance with the
key recommendations of this report.
3 Notes the Community Engagement Report (Phase 1) (Attachment B), Public
Exhibition Report (Phase 2) (Attachment C), and Submissions Table(Attachment D).
PROCEDURAL MOTION
Moved by Cr Wood, seconded by Cr Adamczyk
The matter lay on the table to next month's Council meeting to enableCouncillors to receive a further briefing at a workshop to fully consider the
documentation and address community concerns.
Carried unanimously
8.3. PUBLIC ART REFERENCE GROUP (PARG) - ANNUAL REPORT 2023
MOTION
Moved by Cr Winney-Baartz, seconded by Cr Mackenzie
That Council:
1 Receives the Public Art Reference Group Annual Report 2023 as at Attachment
A.
Carried unanimously
9. NOTICES OF MOTION
9.1. SKATEPARK FOR MEREWETHER / ADAMSTOWN (COOKS HILL CAMPUS- COLLABORATION)
In moving the motion Councillor Barrie moved an additional point 7 to the motion
printed in the business papers.
MOTION
Moved by Cr Barrie, seconded by Cr Pull
That Council:

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Page 121

Notes that City of Newcastle undertook a review of skateparks in 2008/09,
which included consultation with Councillors, skaters and the community.

2

Notes that the review found at that time there were ten skateparks locatedacross the Newcastle local government area.

3

Notes that the review found that some streets in Adamstown and Merewether
are located more than 2km from a skatepark.

4

Since the report, City of Newcastle has constructed a district level skate bowl
at Stockton and a new regional level facility at South Newcastle Beach (the later
to open mid year 2024).

5

Investigates a suitable location for a skatepark in the Merewether/Adamstown
area. The proposed skatepark design should have space for bubblers, shaded
areas, seating, and enough room for multiple people to skate at the same time
so no one has a collision / accident by crashing into each other.

6

That the costed outcome of the investigation be reported to Sports
Infrastructure Working Party for consideration.

7

Investigates Rowland Park, The Junction, West Park on Glebe Road, Morgan
Street Reserve, Merewether and Myamblah Crescent, Merewether as suitablelocations for a skatepark as per P.5 in the Notice of Motion.

AMENDMENT
Moved by Cr Clausen
That Council:
1

Notes that City of Newcastle undertook a review of skateparks in 2008/09,
which included consultation with Councillors, skaters and the community.

2

Notes that the review found at that time there were ten skateparks locatedacross the Newcastle local government area.

3

Notes that the review found that some streets in Adamstown and Merewether
are located more than 2km from a skatepark.

4

Since the report, City of Newcastle has constructed a district level skate bowl
at Stockton and a new regional level facility at South Newcastle Beach (the later
to open mid year 2024).

5

Refers this motion to the Sports Infrastructure Working Party, and requests that
the Working Party reviews the 2008/09 report, and considers opportunities for
additional and upgraded skating facilities across the local government area.

As seconder, Councillor Pull suggested that point 5 from Councillor Barrie's original
motion remain and suggested the amended point 5 become a new point 6.

Ordinary Council Meeting Tuesday, 23 April 2024

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Councillor Barrie indicated her preference to retain point 5 as originally moved but
accepted amending the motion to include Councillor Clausen's point 5 as a point 6.
For accuracy, Councillor Mackenzie suggested that point 4 reflect that Council hadconstructed a skatepark at Stockton (not a skate bowl) and further requested that theWorking Party also refer to information on provision of skateparks in the 2014 Parkland
and Recreation Strategy.
The Lord Mayor clarified the motion as follows:
That Council:
1. Notes that City of Newcastle undertook a review of skateparks in 2008/09,
which included consultation with Councillors, skaters and the community.
2. Notes that the review found at that time there were ten skateparks locatedacross the Newcastle local government area.
3. Notes that the review found that some streets in Adamstown andMerewether are located more than 2km from a skatepark.
4. Since the report, City of Newcastle has constructed a district level skateparkat Stockton and a new regional level facility at South Newcastle Beach (thelater to open mid year 2024).
5. Investigatesasuitable
locationforaskateparkintheMerewether/Adamstown area. The proposed skatepark design should havespace for bubblers, shaded areas, seating and enough room for multiple
people to skate at the same time so no-one has a collision/accident bycrashing into each other.
6. Refers this motion to the Sports Infrastructure Working Party, and requests
that the Working Party reviews the 2008/09 report, refers to information on
provision of skateparks in the 2014 Parkland and Recreation Strategy from2014, and considers opportunities for additional and upgraded skating
facilities across the local government area.
The motion moved by Councillor Barrie and seconded by Councillor Pull, as amended
by Councillor Clausen and Councillor Mackenze, was put to the meeting.
Carried9.2. ENDING NO-GROUNDS EVICTIONS IN NSW
Councillor Church left the meeting for discussion on the item.
MOTION
Moved by Cr Adamczyk, seconded by Cr Richardson
That City of Newcastle:
1 Commends the NSW Government’s 2023 commitment to replace existing ‘nogrounds’ eviction provisions through reforms to the Residential Tenancies Act
2010, and notes that NSW Labor has been committed to ending ‘no grounds’
eviction for many years,

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2 Notes with concern that the majority (58%) of renters in NSW are on a fixedterm agreement, and that the majority (71%) of fixed-term renters in NSW
receive a ‘no grounds’ eviction notice at the end of the agreement,
3 Notes with concern that in 2024 57% of clients who called Hunter Tenants
Advice and Advocacy Service (Hunter TAAS) after receiving a notice oftermination are facing a ‘no grounds’ eviction,
4 Notes that no grounds evictions that require renters to find a new home with
only 30 days' notice are destabilising, traumatic, and expensive,
disproportionately impact vulnerable renters such as those on lower incomesor on statutory benefits, impact housing affordability by often leading to vacatedpremises being re-let at higher rent, and can result in homelessness,
5 Notes that Australia has long been an outlier amongst OECD jurisdictions inallowing no grounds evictions and that Australian renters enjoy less security oftenure than most comparable countries (AHURI 2018),
6 Notes that the 2023 Parliamentary Inquiry into The Worsening Rental Crisis inAustralia found that fear of ‘retaliatory evictions’ can act to gag renters fromrequesting repairs or upgrades to ensure safe and healthy housing in theirhome, and recommended that the removal of no grounds evictions as aprerequisite to other reforms of rental controls and housing security, and
7 Makes a submission to the NSW State Government to remove all provisions
from the Residential Tenancies Act 2010 that allow no grounds evictions (forboth periodic and fixed-term leases) and introduce provisions to The Act ensurethat a residential tenancy ends only for fair and reasonable grounds to ensurea safe, secure, stable, and affordable home for all renters.
For the Motion:
Lord Mayor, Councillor Nelmes and Councillors Adamczyk,
Barrie, Clausen, Mackenzie, McCabe, Richardson, Wark, Winney-Baartz and Wood.
Against the Motion:Councillor Pull.
CarriedCouncillor Church returned to the meeting at the conclusion of the item.
10. CONFIDENTIAL REPORTS
PROCEDURAL MOTION
Moved by Cr Barrie, seconded by Cr Winney-Baartz
Council move into confidential session for the reasons outlined in thebusiness papers.
CarriedCouncil resolved into confidential session at 8.42pm.

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PROCEDURAL MOTION
Moved by Cr Clausen, seconded by Cr Mackenzie
Council move back into open Council.
Carried unanimously
Council resolved into open session at 8.45pm and the Chief Executive Officer reported
the outcome of confidential session.
10.1. TECHNOLOGY ONE CONTRACT VARIATIONMOTION
Moved by Cr Barrie, seconded by Cr Mackenzie
That Council:
1

Approves the variation to the Software as a Service (SaaS) contract withTechnologyOne to enable CN’s ongoing digital transformation, bringing thetotal contract cost to $14,579,673 (excluding GST) over seven years.

For the Motion:
Lord Mayor, Councillor Nelmes and Councillors Adamczyk,
Barrie, Church, Clausen, Mackenzie, McCabe, Pull, Richardson, Wark, Winney-Baartz
and Wood.
Against the Motion:

Nil.
CarriedThe meeting concluded at 8.46pm.

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7. LORD MAYORAL MINUTE
To be tabled at the meeting.

8. REPORTS
8.1. PUBLIC EXHIBITION OF DRAFT DELIVERING NEWCASTLE 2040 - PUBLIC
EXHIBITIONREPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICER / EXECUTIVE MANAGER
FINANCE PROPERTY AND PERFORMANCE AND
DEPUTY CFOPURPOSETo place the draft 2024-2025 Delivering Newcastle 2040, and draft 2024-2025 Fees
and Charges, on public exhibition for a period of 28 days.
RECOMMENDATION
That Council:
1

Resolves to publicly exhibit the draft 2024-2025 Delivering Newcastle 2040 as
at Attachment A and draft 2024-2025 Fees and Charges as at Attachment
B for 28 days prior to the final consideration by Council.

KEY ISSUES
2

Section 404 of the Local Government Act 1993 (Act) requires City of Newcastle(CN) to have a Delivery Program (DP) describing how it will achieve theobjectives in its Council adopted Community Strategic Plan. An Operational
Plan (OP) is adopted each financial year outlining the planned activities andservices to be delivered. The DP and OP are combined into an annual
document known as Delivering Newcastle 2040.

3

Delivering Newcastle 2040 turns CN’s shared vision for achieving a liveable,
sustainable, inclusive global city as set out in Newcastle 2040, into action.

4

CN has continued its commitment to financial sustainability in Delivering
Newcastle 2040 by maintaining a modest net operating surplus, renewing andmaintaining assets in a sustainable range, and utilising evidence based
decision-making to underpin its financial governance framework.

5

Delivering Newcastle 2040 ensures that City of Newcastle again meets andsurpasses all six financial metrics set by the Office of Local Government that
demonstrate a financially sustainable council.

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Page 17

6

Delivering Newcastle 2040 proposes a draft budget for 2024-2025 which will
deliver a $4.1m net operating surplus, providing the financial capacity tomaintain services and meet community commitments, as well as a buffer to
respond to unexpected events (e.g. emergencies) during the year.

7

Our list of 282 projects and 170 actions extends across the city, withinvestments in community infrastructure, facilities, and services. Highlights ofDelivering Newcastle 2040 include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•

$21m on the completion and reopening of the much-anticipated expanded
Newcastle Art Gallery;$14.6m on Summerhill Waste Management Centre environmental
protection, landfill and site management improvements;$6.5m allocated to the East End Public Domain Plan and Hunter Street
Mall;$7.7m for stormwater and flood planning including Mayfield East andDarby Street;$17.9m on roads, footpaths and cycleways across the city;$4.7m on Cottage Creek Bridge replacement;$4.1m on Memorial Drive Road embankment;$4.7m on recreation and sports improvements, including Gregson Park
Playground;$2.4m on Local Centre upgrades such as Orchardtown Road at New
Lambton and Georgetown;$1.1m on renewable energy projects including climate action and EV
charging;$4m on coastal management including Stockton coastline protection work;$2.8m on improving bushland and watercourses;$1.6m on resources and improvements for libraries, Civic Theatre and City
Hall; andContinuing to deliver initiatives from the Environment Strategy, Cycling
and Parking Plan, the Climate Action Plan, Social Strategy andSustainable Waste Strategy.

FINANCIAL IMPACT8

The draft 2024-2025 budget has been developed in accordance with CN’s
Long Term Financial Plan (LTFP) and our objective of delivering a net
operating surplus whilst maintaining services for the community.

9

The draft operating result before capital grants and contributions is forecast to
be $4.1m in 2024-25, compared to a surplus before capital grants andcontributions of $6.9m in 2023-2024.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 1810CN has budgeted to receive $43.8m in grants and contributions for capital
purposes in 2024-2025, compared to $38.6m this year. The sources of capital
grants include $14.5m for the Newcastle Airport terminal and runway
expansion, $7.6m to support the expansion of the Newcastle Art Gallery,$9.5m from developer contributions, $5.3m in infrastructure dedications,$3.2m in transport upgrades and $3.1m is expected to be received forrecreation and culture projects. Before accounting for these capital grants andcontributions, CN’s draft operating result from continuing operations for 20242025 is a surplus of $47.9m compared to $45.5m in 2023-2024.

11

The draft 2024-2025 works program is $139.5m. This includes $32.9m to beinvested in two City Shaping projects; the expansion of the Newcastle Art
Gallery and the remediation of the former landfill at Sandgate known as Astra
Street. CN is also investing in new and renewal projects across its program ofwork. $38.1m is budgeted to be invested in roads, bridges, footpaths andcommunity buildings. $18.1m will be spent on our Libraries, Parks, AquaticCentres and Civic sites. $14.7m will be spent on Waste Management and$6.7m on improving our information technology and Commercial Properties.
$9.9m will be invested revitalising our Coast, City and Urban Centres. $12.9m

Ordinary Council Meeting Tuesday, 23 April 2024

Page 19

will be invested to support environment sustainability. $6m will be invested incycleways and transport options.
Key projects from these programs are outlined under the four Newcastle 2040
themes and a comprehensive list can be found within the Newcastle 2040
Appendix.
NEWCASTLE 2040 ALIGNMENT
12The Public Exhibition of Draft Delivering Newcastle 2040 is consistent with thestrategic directions of the Newcastle 2040 Community Strategic Plan.
Achieving Together
4.1 Inclusive and integrated planning
4.1.1 Financial sustainability
4.1.2 Integrated planning and reporting
4.2 Trust and transparency
4.2.2 Share information and celebration of success

IMPLEMENTATION PLAN/IMPLICATIONS
13

Council must adopt Delivering Newcastle 2040 and Fees and Charges by 30
June 2024 following public exhibition. The draft Delivering Newcastle 2040 anddraft Fees and Charges will be exhibited from 26 April 2024 to 24 May 2024.

RISK ASSESSMENT AND MITIGATION
14

15

Delivering Newcastle 2040 is built on a number of assumptions, including someoutside of CN’s control, which may impact outcomes, including:i)

Government grant funding;ii)

Investment returns;

iii)

External contributions (i.e. local infrastructure contributions);

iv)

State Government cost shifting;v)

Monetary and fiscal policy (i.e. interest rates, taxation);

vi)

Legislative changes;

vii)

Crisis events or disasters (storms, floods, pandemics).

Delivering Newcastle 2040 will be monitored against financial performanceindicators with adjustments implemented through the quarterly budget review
process.

RELATED PREVIOUS DECISIONS
16

At the Ordinary Council Meeting on 23 May 2023 Council adopted Delivering
Newcastle 2040 (2023-2024).

Ordinary Council Meeting Tuesday, 23 April 2024

Page 20

CONSULTATION17

A workshop was held with the elected Council on 16 April 2024.

18

Community feedback will be considered as part of the public exhibition process.

BACKGROUND
19

The Delivery Program is required to be prepared every four years following a local
government general election. The Operational Plan is subsequently required tobe reviewed annually and adopted by 30 June of the relevant year.

OPTIONS
Option 1
20

The recommendation as at Paragraph 1. This is the recommended option.

Option 2
21

Council resolves to vary the recommendation in the adoption of the report. This
is not the recommended option.

REFERENCESATTACHMENTS
Attachment A:
Attachment B:

Draft 2024-2025 Delivering Newcastle 2040
Draft 2024-2025 Fees and Charges

Attachment A - B distributed under separate coverOrdinary Council Meeting Tuesday, 23 April 2024

Page 218.2. ADOPTION OF THE GEORGETOWN PUBLIC DOMAIN AND TRAFFIC PLANREPORT BY:
CONTACT:CITY INFRASTRUCTURE
EXECUTIVE DIRECTOR CITY INFRASTRUCTURE /EXECUTIVE MANAGER PROJECT MANAGEMENTOFFICEPURPOSETo adopt the Georgetown Local Centre Public Domain and Traffic Plan (PDP).
RECOMMENDATION
That Council:
1

Adopt the Georgetown Local Centre Public Domain and Traffic Plan (PDP) as
set out at Attachment A, inclusive of the permanent removal of vehicular traffic
from the section of Moate Street Georgetown between Georgetown Road andAsher Street which is required to accommodate the proposed plaza space.

KEY ISSUES
2

Georgetown Local Centre has a legacy road layout which increases the risk of
traffic incidents by bringing pedestrians, cyclists, and vehicles into conflict,particularly at intersections. It is dominated by through-traffic and parking, tothe detriment of safe connectivity and public amenity. The traffic volume is highwith approximately 7,700 vehicles transiting per week.

3

The regional R4 cycle route runs north-south through Georgetown Local
Centre, with on-road facilities provided on Asher Street and Parkview Street(Newcastle On Our Bikes Cycling Plan 2021-2030). The R4 currently lacks
dedicated cyclist infrastructure where Asher Street and Parkview Street
intersect with Georgetown Road.

4

Georgetown Local Centre has an existing 40km/h High Pedestrian Activity
Area (HPAA), which is generally adhered to (85th percentile). Despite this,records show a serious pedestrian injury at the pedestrian crossing near
Parkview Street, and a minor pedestrian injury at the intersection of Moate
Street (2018-2022 TfNSW Centre for Road Safety).

5

Three large medium density developments with ground floor commercial uses
and units above, are driving a rapid change to the urban village character.
There is community concern that the developments will increase vehicle
movements and parking, reinforcing the vehicle prioritisation through the area
and adjacent side streets.

6

Georgetown Local Centre has limited public amenity, has only one existing
tree, and lacks shade, landscaping, and attractive places for people to meetand spend time comfortably.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 22

Public Domain Plan & Traffic Plan (PDP)
7City of Newcastle (CN) used the results of community consultation and site
investigations to develop a draft Georgetown Local Centre PDP as shown at
Attachment B. The draft PDP was placed on public exhibition from 10
November to 8 December 2023 and has been finalised based on community
feedback.
8

The final PDP proposes the following improvements:i)Reinforcement and extension of the existing 40 km/h HPAA, with
upgraded speed control devices and additional entry infrastructure at 35
Moate Street and 30 and 76 Georgetown Road;ii)

Upgrade of two existing pedestrian crossings on Georgetown Road,
including the addition of a bicycle crossing to the pedestrian crossing
adjacent Parkview Street;iii)

Two new pedestrian refuges, located outside 37 Georgetown Road andat the intersection of Moate Street and Georgetown Road;

iv)

Implementation of one-way travel southbound for vehicles on Asher
Street and Turner Street (commencing south of 3 Turner Street), with
two-way travel maintained for cyclists;v)

A new pedestrian priority raised continuous footpath treatment located at
the intersection of Turner Street and Georgetown Road;vi)

A new pedestrian priority raised continuous footpath treatment locatedacross Parkview Street at the intersection with Georgetown Road, withvehicles allowed to cross the continuous footpath southbound only,(two-way travel maintained for cyclists);vii)

A new public plaza created from kerb extension, expanded footpath andby permanently restricting (and prohibiting) vehicular traffic in Moate
Street Georgetown from the intersection of Georgetown Road to theeastern side of Asher Street;viii) A short 10km/h shared zone connecting Moate Street (west) with Asher
Street, prioritising pedestrian and cycle movements;ix)

Relocation of the eastbound bus stop on Georgetown Road frombetween Parkview Street and Moate Street; to west of the Parkview
Street intersection, freeing up parking adjacent to local businesses;x)

Widened footpaths, upgraded street furniture and lighting, and increased
tree planting and landscaping throughout; andxi)

A new fully accessible electric vehicle charging station.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 23

FINANCIAL IMPACT9

An independent Quantity Surveyor provided a cost estimate based on the initialconcept design. The proposed infrastructure upgrades have been estimatedto cost in the order of $14 million. CN works will be funded from the Capital
Works Program over future years. The proposed plan will be partially deliveredby new adjacent development.

10

The cost estimate will be revised as further investigations and detailed design
progresses.

STRATEGIC ALIGNMENT
11

The proposed plan is consistent with the Newcastle 2040 Community Strategic
Plan as follows:
Liveable
1.1 Enriched neighbourhoods and places
1.1.1 Great Spaces
1.1.2 Well-designed places
1.2 Connected and Fair Communities
1.2.1 Connected communities
1.2.2 Inclusive communities
1.2.3 Equitable communities
1.2.4 Healthy communities
1.3 Safe, active and linked movement across the city
1.3.1 Connected cycleways and pedestrian networks
Achieving together
4.3 Collaborative and innovative approach
4.3.2 Innovation and continuous improvement
4.3.3 Data-driven decision-making and insights

IMPLEMENTATION PLAN
12

Detailed design is scheduled for commencement immediately following
adoption of the Public Domain Plan and will progress in stages ahead ofstaged construction delivery through the Urban Centres Program in the
Capital Works Program.

13

Funding exists within the 2023/24 capital works program to commence
construction upon Council adoption. Completion will be advised once thestaged delivery program has been developed.

RISK ASSESSMENT AND MITIGATION
14

The proposed infrastructure upgrades will materially mitigate risk to pedestrianand cyclist safety. Addressing the current open intersections will improve traffic
safety, with the removal of some traffic conflict locations from the local area.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 24

Upgraded traffic calming infrastructure will be designed and installed inaccordance with relevant Australian Standards, Austroads, and Transport for
NSW guidelines.
RELATED PREVIOUS DECISIONS
15

On 29 June 2021 Council resolved to initiate a public domain upgrade forGeorgetown Local Centre.

CONSULTATION
16

An online community survey was open from 29 November to 13 December
2021. The survey was advertised through ‘Have Your Say’ postcards delivered
to the whole Georgetown suburb, posters on site and social media. The results
are at Attachment C. There were 190 respondents, and the community's top
three priority areas were as follows:
i)
ii)
iii)

Aesthetics (improving the look and feel of the area) (77%);
Pedestrian safety, access and connectivity (63%); andMore street trees (37%) and street furniture and comfort (37%).

17

On 16 October 2023 the NCTC provided in-principle support for the draft PDP
as per Attachment B and it was placed on public exhibition from 10 November
to 8 December 2023. An online community survey was advertised throughdistribution of Have Your Say flyers to the whole Georgetown suburb, posters
in Georgetown Local Centre, and via newspaper advertising and social media.
Public exhibition materials are shown at Attachment D.

18

Feedback was provided by a total of 192 community members associated with
Georgetown Local Centre during the exhibition period. 173 responses weremade via online survey and 19 individual submissions were made via either
email or phone.

19

The online survey was designed so that the community could provide
yes/no/unsure responses on the key proposals, in addition to providing generalcomments. Most of the proposals received majority support. The following
table summarises community sentiment to the overall PDP objectives.

Overall, how supportive are you of the PDP objectives?
Very
Supportive
Somewhat
Not very
supportive
supportive
supportive
101
29
22
11
58%
17%
13%
6%

20

Not at all
supportive
10
6%

Individual submissions and general comments submitted as part of the survey
are summarised at Attachment E. The five top issues are as follows:
i)
ii)
iii)
iv)

Reduced parking spaces (55 related comments);
Impact on traffic flows generally (21 related comments);
Anticipated increase in traffic on Turner St (14 related comments);
Disagree with one-way on Turner Street (10 related comments); andOrdinary Council Meeting Tuesday, 23 April 2024v)

Page 25

Disagree with the new public plaza (10 related comments).

Parking
21 Sixteen parking spaces within the project scope area will be reclaimed(removed) to facilitate the local centre upgrade, noting that existing parking
spaces are not delineated and this is an estimate. Most of the reclaimed
spaces (9) are adjacent to residential properties.
22

A parking vacancy survey carried out on Thursday 30 November 2023
indicates that there are approximately 130 parking spaces in the broader area,
59 of which are within the project footprint, as per Attachment F. At 1pm there
were 86 parking spaces in use and 44 parking spaces vacant, representing an
occupancy rate of approximately 66%. This level of parking availability willreadily accommodate the proposed reclamation of sixteen parking spaces forhigher value community use.

23

A total of 9 vehicles were parked all day during the survey, and there ispotential to increase parking availability and efficiency through the future
extension of timed restrictions. Parking will be managed through the area as
per the framework under CN's Parking Plan.

Traffic
24 Overall the increased traffic volume has been estimated to cause insignificant
adverse impact to affected neighbouring streets or the traffic signal operation
at the intersection of Christo Road and Turton Road.
25

The predicted total vehicle volumes are all well within the capacity of theseroadways and remain below the expected safe traffic flows of comparable
streets throughout Newcastle. Any traffic issues potentially affecting public
safety following the project will be addressed through standard processes.

Other feedback
26 In response to community feedback regarding Turner Street, the final PDP
proposes the following:i)Two-way permitted north of 3 Turner Street, allowing traffic from newdevelopments to exit north onto Georgetown Road; andii)

One-way southbound for vehicles south of 3 Turner Street, to reduce
vehicular access by non-residents.

27

Transport issues which are beyond the scope of the Georgetown Local Centre
PDP - including Christo Road - will be addressed under standard operational
processes. This includes a review of the Georgetown Precinct Transport Plan
(PTP) which will cover the whole of Georgetown suburb. This PTP will help
coordinate and guide the identification, design, and implementation oftransport projects to support the Georgetown Local Centre upgrade.

28

Concerns about the proposed plaza include fear of antisocial behaviour andobjections to the loss of parking. It is anticipated that the proposed plaza will
increase activation of the streetscape, which will reduce, rather than increase,Ordinary Council Meeting Tuesday, 23 April 2024

Page 26

anti-social behaviour. Similar pedestrian plazas at Beresfield and Joslin Street
Kotara Local Centres have been very successful.
29

On Monday 25 March 2024, the Newcastle City Traffic Committee (NCTC)
reviewed the outcomes of the public consultation. NCTC gave in-principle
support for the project to progress to the elected Council for determination.
The summary results of the consultation are shown at Attachment E.

30

The PDP was presented to Councillors at a workshop on 9 April 2024.

BACKGROUND
31

Georgetown Local Centre is one of 48 Local Centres covered by the Local
Centres Infrastructure Renewal Program. In 2016 all 48 centres were audited
and prioritised for upgrade.

32

Three large mixed commercial and residential developments are importantdrivers for Georgetown's public domain upgrade, to ensure coordination
between the private development and the public domain.

OPTIONS
Option 1
33

The recommendation as at Paragraph 1. This is the recommended option.

Option 2
34

Do not adopt the Georgetown Local Centre Public Domain and Traffic Plan at
Attachment A. This is not the recommended option.

REFERENCESATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:

Georgetown Local Centre Public Domain and Traffic Plan
(January 2024)
Draft Georgetown Local Centre Public Domain and Traffic Plan
Early Community Engagement Summary Report (February
2022)
Public exhibition materials (November/December 2023)
Draft PDP Community Engagement Summary Report(December 2023)
Georgetown Local Centre Parking Vacancy Survey Plan

Attachments A - F distributed under separate coverOrdinary Council Meeting Tuesday, 23 April 2024

Page 27

8.3. ENDORSEMENT OF MOTIONS TO THE 2024 NATIONAL GENERALASSEMBLY OF LOCAL GOVERNMENTREPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICER / EXECUTIVE MANAGERLEGAL & GOVERNANCEPURPOSETo consider proposed motions for submission to the Australian Local Government
Association’s (ALGA) 2024 National General Assembly (NGA).
RECOMMENDATION
That Council:
1

Endorse the motions for submission to the 2024 Australian Local Government
Association’s National General Assembly as set out at Attachment A.

KEY ISSUES
2The NGA is being held from 2-4 July 2024 at the National Convention Centre,
Canberra.

3

Councils are invited to submit motions to be considered at the NGA. Ten
motions were received from Councillors, and Council is asked to consider andendorse these as set out in Attachment A.

FINANCIAL IMPACT
4

Councillors' attendance at the NGA is provided for within the 2023/24 budget.
There are no additional costs associated with the submission of motions.

NEWCASTLE 2040 ALIGNMENT
5

Submissions of motions to the NGA is consistent with the strategic directionsof the Newcastle 2040 Community Strategic Plan including:Creative Newcastle
3.4 City-shaping partnerships
3.4.1 Optimise city opportunities
3.4.2 Advocacy and partnership
Achieving Together
4.2 Trust and Transparency
4.2.1 Genuine Engagement
4.3 Collaborative and innovative approach
4.3.1 Collaborative organisation

Ordinary Council Meeting Tuesday, 23 April 2024

Page 28

4.3.2 Innovation and continuous improvement
IMPLEMENTATION PLAN/IMPLICATIONS
6

CN will make arrangements to formally submit endorsed submissions by thedue date.

RISK ASSESSMENT AND MITIGATION
7Nil.

RELATED PREVIOUS DECISIONS
8

At the Ordinary Council Meeting held on 28 February 2023, Council endorsed
the submission of nine motions to the 2023 NGA.

CONSULTATION
9Nil.

BACKGROUND
10

ALGA is the peak national body of local government, representing 537
councils.

11

Attendance and voting arrangements for the NGA will be managed directly with
Councillors.

OPTIONS
Option 1
12

Council adopts the recommendation as shown at Paragraph 1. This is therecommended option.

Option 2
13

Council adopts an alternative recommendation. This is not the recommended
option.

REFERENCESNGA Motions Discussion Paper
https://az659834.vo.msecnd.net/eventsairaueprod/production-conferencecopublic/b10057b7e1d549108a9e69e321f582d5
Councillor Expenses and Facilities Policy
https://newcastle.nsw.gov.au/getmedia/64873b72-40fd-4b8e-8a76092bd82f077f/Councillor-Expenses-and-Facilities-Policy

Ordinary Council Meeting Tuesday, 23 April 2024

ATTACHMENTS
Attachment A:

Proposed motions for endorsement for
submission to the 2024 Australian Local
Government Association’s National General
Assembly

Page 29

Ordinary Council Meeting Tuesday, 23 April 2024

Page 30

Attachment A
MOTION 1 –AUSTRALIANSLOCALGOVERNMENTSUPPORT

FOR

INDIGENOUS

This National General Assembly calls on the Australian Government to continue todemonstrate strong leadership in support of Aboriginal and Torres Strait Islander
Peoples by legislating for an Indigenous Voice to Parliament to provide advice on
issues relating specifically to indigenous peoples.
NATIONAL OBJECTIVE
To give voice to Aboriginal and Torres Strait Islander peoples by ensuring thatgovernment is informed by lived experience, insight and expertise of ATSI people.
To demonstrate the unified support of Aboriginal and Torres Strait Islander peoples,by local government as the closest level of government to community.
SUMMARY OF KEY ARGUMENTS
The Uluṟu Statement from The Heart was a generous invitation from Aboriginal andTorres Strait Islander people for real and practical change in Australia through theestablishment of a constitutionally enshrined Voice To Parliament and theestablishment of a Makarrata Commission, to undertake treaty-making and truthtelling.
After the recent Referendum failed to pass, there was no doubt a great deal ofdisappointment in the community, however this should not be the end of
conversations as to how public policy can better reflect the needs of indigenous
people.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 31MOTION 2 – MANDATORY SUPERANNUATION GUARANTEEThis National General Assembly calls on the Australian Government to:
1. Note that there remains inconsistency across Australian jurisdictions,whereby Councillors, Mayors and Lord Mayors are not automatically entitledto the Superannuation Guarantee Contribution, allowing for the unfortunate
politisation of this important right;
2. Acknowledges that those most adversely affected by the non-payment ofsuperannuation payments for work performed as an elected representative,
is women;
3. Note that superannuation should be a universal mandatory system to support
all workers and taxpayers in Australia; and4. Rationalise the Superannuation system for local government elected
representatives and amend Section 12(9A) of the Superannuation Guarantee(Administration) Act 1993 to mandate that all Councillors across Australia
automatically receive the Superannuation Guarantee Contribution as part oftheir allowance.
NATIONAL OBJECTIVE
The Superannuation Guarantee Contribution is a universal system of world’s bestpractice when it comes to ensuring adequate support for all workers in retirement.
The compulsory payment to all Mayors, Lord Mayors and Councillors acrossAustralia would encourage diversity and ensure local councils reflect theircommunities.
SUMMARY OF KEY ARGUMENTS
The Superannuation Guarantee (SG) contribution is compulsory for all employers inAustralia.
This applies to all employment in the private sector, not-for-profit or government
related roles and all remunerated board roles where an individual earns more than$450 in a calendar month. Despite this, in NSW, mayors and councillors that serveon local government are excluded by the operation of section 251 of the Local
Government Act 1993, which provides that mayor and councillor fees "do notconstitute salary for the purposes of any act" unless in accordance with section
254B(4)(a), "the council has previously passed a resolution at an open meeting to
make superannuation contribution payments to its councillors".
The federal government has the opportunity to take the non-payment ofsuperannuation very seriously, with the Treasury Laws Amendment (2018
Measures No 4) Bill 2018 allowing the ATO to instruct an employer to pay thesuperannuation guarantee amount and outstanding liabilities or face severe
financial penalties and up to 12 months imprisonment, or both.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 32

The current position in NSW is inequitable and could be a deterrent for young people
and women standing as candidates for Council elections. Research shows that, on
average, women retire with 47% less superannuation than men and introducing
superannuation on these earnings is recognition of this commitment and will help
encourage the broadest cross-section of the community to stand for office.
In other jurisdictions, including Victoria and Queensland, mayors and councillors arepaid superannuation entitlements. Many mayors and councillors rely solely on theincome they derive from their duties in local government, and their legislated
entitlement to superannuation should not be allowed to be used as a partisan,political plaything in the council chamber.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 33

MOTION 3 – FINANCIAL ASSISTANCE GRANT FUNDING
This National General Assembly calls on the Australian Government to:
1. Acknowledges most local governments' receipt of Financial Assistance Grant
income has been reducing in real terms and has been far outstripped byunavoidable cost increases incurred as a large infrastructure manager.
2. Notes the value of Financial Assistance Grants provided to local government
has declined over the past three decades from around 1% of Commonwealthtaxation revenue to around 0.55 percent.
3. Requests the Federal Government restore Financial Assistance Grants back
to 1% of Commonwealth taxation revenue as a matter of urgency, with anadditional once-off payment of $3 billion to address the practice of bringing
forward Financial Assistance Grants.
NATIONAL OBJECTIVE
This motion addresses the following key question in the 2024 Discussion Paper:"What improvements are needed to the intergovernmental financial transfer system,
particularly the Commonwealth transfers to local government, to enhance thecommunity's trust in local government and by extension all government?"
SUMMARY OF KEY ARGUMENTS
Financial Assistance Grants are a form of Federal Government funding provided to
the States for the purposes of Local Government and is provided under the Local
Government (Financial Assistance) Act 1995 and is granted in the form of untied
financial assistance, allowing councils to spend the grants according to local
priorities.
The objective of the grant program is to assist councils to improve in five areas:
financial capacity; capacity to provide equitable services; certainty of funding;efficiency and effectiveness; and services to ATSI communities.
The total funding of the grant on an annual basis was equivalent to 1% ofCommonwealth Taxation revenue in 1996. That 1% figure has significantly reduced
since that time, varying from year to year to a level approximately half of thatamount, or less. In the October 2022-23 Budget $2.921 billion in Financial
Assistance Grants funding was announced which brings the Financial Assistance
Grants as a proportion of Commonwealth Taxation Revenue in 2022-23 toapproximately 0.52%.
Research produced for ALGA shows that these grants make up more than 10
percent of annual operating revenue for around one in four councils, and this figure
is much higher in regional, rural and remote areas.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 34

Since 2009-10, the Australian Government has consistently pre-paid either part or
all Financial Assistance Grants to councils in the previous financial year. The timingof these payment is controlled by the Federal Government, creating a level of
uncertainty for local governments planning their annual budgets.

Ordinary Council Meeting Tuesday, 23 April 2024

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MOTION 4 - INCREASED SUPPORT FOR ASYLUM SEEKERS & PERMANENTRESIDENTS
That this National Assembly call on the Federal Government to extend its support
for people seeking asylum to those granted permanent residency by:
1. Providing everyone with a valid visa with work, travel and study rights.
1. Expanding the Status Resolution Support Services eligibility criteria and simplify
the application process so that people in need can access healthcare, disability,
housing support and other essential services.
2. Ensuring an independent, timely and fair application and merits review process
for all humanitarian applications.
3. Providing people who have received a negative refugee determination underthe ‘Fast Track’ system with a fair review process.
4. Continuing to invest resources to urgently clear the backlog of asylum
applications and appeals.
5. Abolishing temporary visas like Temporary Protection Visas and Safe Haven
Enterprise Visas and replacing them with permanent protection visas andpathways to citizenship for all humanitarian arrivals.
NATIONAL OBJECTIVE
We all have an important role to ensure that everyone – our neighbours, friends andlocal community members can participate in society and enjoy self-determination indecisions; and we would welcome your interest in discussing this issue in greater
detail.
SUMMARY OF KEY ARGUMENTS
Right now, fewer than 900 people can access Government financial assistancethrough the Status Resolution Support Services and many more in our communities
are without access to basic healthcare, housing, education, employment and food.
Charities and Local Government cannot meet the need for emergency relief and arereporting an increase in the number of people seeking asylum sleeping rough on
the streets.
Furthermore, people who have had their visa applications rejected, have similar life
circumstances to those who have recently been granted permanent visas. Many
were cruelly and unfairly rejected under the biased ‘Fast Track’ Refugee Status
Determination process instituted by the previous government.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 36

MOTION 5 - CHAMP FOR CLIMATE ACTION
That this National Assembly acknowledge the Federal Government's action on
climate change and its commitment to the Coalition for High Ambition Multilevel
Partnerships (CHAMP) for Climate Action (cop28.com). Further, that the National
Assembly assist local governments to maximise climate action, in order to limit thetemperature increase to 1.5°C above pre-industrial levels, and increase adaptation
and resilience by implementing the CHAMP via collaboration and consultation,
creating processes and providing investment pipelines for shared outcomes.
NATIONAL OBJECTIVE
Recent Conferences of the Parties to the UN Framework Convention on Climate
Change have highlighted the important local government role in addressing theclimate crisis and the need for all levels of government to work together to achieve
the ambitious Paris Agreement goals.
At COP28, the host nation sponsored CHAMP for Climate Action, a pledge ”toenhance cooperation…with our subnational governments…in the planning,financing, implementation, and monitoring of climate strategies,…to maximise
climate action…with a view towards collectively pursuing efforts to limit thetemperature increase to 1.5°C above pre-industrial levels, and increase adaptation
and resilience”.
Australia signed this pledge.
SUMMARY OF KEY ARGUMENTS
This motion seeks the federal Government to enact its commitment as outlined in
the CHAMP pledge through the actions listed here and described in detail at
https://www.cop28.com/en/cop28-uae-coalition-for-high-ambition-multilevelpartnerships-for-climate-action:
•
•
•
•
•
•

Consult
Collaborate
NDC 2025
NDC investment
Voluntary review
High level dialogue

The CHAMP pledge, signed by 72 nations, recognises the enormity of task in
keeping temperature rise to 1.5 degrees, the significant role local governments willplay in the task and the need for national governments to work with and support
them to do so.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 37

MOTION 6 - INTERGOVERNMENTAL RELATIONSThis National General Assembly calls on the Australian Government to:
Lead the delivery of place-based, whole of government policy and planning to drive
the evolution of mining affected regions toward net zero economies. This should
include:1. A clear vision and plan for each region's economic evolution.
2. A coordinating entity with the necessary authority to influence the focus andcoordination of cross government and agency delivery efforts.
3. Sufficient resources to deliver on the objectives established, including:a. Supporting communities adversely impacted by the move to a net zeroeconomyb. Exploring city/regional deals as a mechanism for delivery.
4. Support for and investment in circular economy solutions.
5. Clear and certain planning pathways for the adaptive reuse of mining andindustrial lands to deliver new, high-value jobs.
6. A commitment to local government representation in place-based decision
making that affects local and regional communities.
NATIONAL OBJECTIVE
This motion addresses the following key question in the 2024 Discussion Paper:"Are there new initiatives and programs that could be adopted to improve the levelof cooperation and collaboration between the Australian Government and local
government?"
SUMMARY OF KEY ARGUMENTS
1. The Australian Government leading the delivery of place-based, whole-ofgovernment policy and planning is essential to provide a clear vision and plan foreach region's economic evolution. This ensures that mining-affected regions are
not left behind during the transition to net-zero economies. By outlining a strategic
roadmap, the government can guide regions towards sustainable economic
models that are aligned with global climate goals while ensuring economic
prosperity and job creation.
2. Establishing a coordinating entity with the necessary authority is crucial for
influencing the focus and coordination of cross-government and agency delivery
efforts. This entity can streamline decision-making processes, avoid duplication,and ensure efficient allocation of resources.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 38

3. Adequate resources are necessary to achieve the objectives established formining-affected regions. This includes supporting communities adversely
impacted by the transition to a net-zero economy, providing retraining and job
transition programs, and investing in infrastructure development to support new
industries. Exploring city/regional deals can provide additional resources andmechanisms for effective delivery, leveraging public and private investment todrive sustainable development.
4. Supporting and investing in circular economy solutions is imperative forsustainable development in mining-affected regions. By promoting resource
efficiency, waste reduction, and recycling initiatives, the government can create
new economic opportunities while minimizing environmental impact. Circular
economy principles can transform waste into valuable resources, stimulateinnovation, and provide a further mechanism by which local economies may
diversify.
5. Providing clear and certain planning pathways for the adaptive reuse of mining
and industrial lands is essential for facilitating the transition to new, high-valuejobs. By identifying suitable sites for redevelopment and establishing regulatory
frameworks, the government can attract investment and encourage theestablishment of sustainable industries. This not only revitalises former mining
areas but also creates employment opportunities in emerging sectors such as
renewable energy, technology, and advanced manufacturing.
6. Ensuring local government representation in place-based decision-making
processes is vital for fostering community engagement, ownership and "buy-in".
Local governments possess valuable insights into the needs of their communities
and can play a key role in shaping policies and initiatives. By involving local
stakeholders in decision-making, the government can enhance transparency andaccountability, leading to more effective outcomes for mining-affected regions.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 39MOTION 7 - FINANCIAL SUSTAINABILITY
This National General Assembly calls on the Australian Government to:
Lead collaboration with state and local government to review, simplify andstreamline the delivery and governance of grant funding to local government,
focusing on:
1. Consolidating currently disparate funding programs delivered across various
Commonwealth and State Government agencies toward a "block funding"approach to providing grant funding to local government, delivered overtimeframes that align with local government planning cycles.
2. Identifying broader options than requiring direct co-contributions from Councils
to access grant funding. This aims to remove the inherent disadvantage
currently experienced in accessing grant funds by local councils who do nothave the financial or resource capacity to offer co-contributions, yet to whom thedependence on grant funds to deliver delivery of community services andinfrastructure remains vital.
3. Reducing administrative burden on local government through more consistency
in the governance frameworks, systems and documentation required acrossvarious funding programs and governing agencies.
NATIONAL OBJECTIVE
This motion addresses the following key question in the 2024 Discussion Paper:"What improvements are needed to the intergovernmental financial transfer system,
particularly the Commonwealth transfers to local government, to enhance thecommunity's trust in local government and by extension all governments?
SUMMARY OF KEY ARGUMENTS
The Australian Government's leadership in collaborating with state and local
governments to review, simplify, and streamline grant funding delivery andgovernance is crucial for promoting efficiency, equity, and effectiveness in resource
allocation. By consolidating funding programs, exploring alternative funding
mechanisms, reducing administrative burden, and fostering collaboration, thegovernment can better support local councils in meeting the needs of theircommunities and driving inclusive growth and development nationwide.
1. Efficiency and Effectiveness: By consolidating disparate funding programs intoa "block funding" approach, the Australian Government can streamline theallocation process. This ensures that local governments receive funding that isaligned with their long-term planning cycles, allowing for better strategic use ofresources. This consolidation reduces redundancy, eliminates overlaps, andminimises the administrative burden both for government agencies and local
councils.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 40

2. Equity and Accessibility: Requiring direct co-contributions from councils often
disadvantages smaller or financially constrained local governments, limiting
their ability to access crucial funds. By exploring broader options beyond cocontributions, such as adjusting eligibility criteria or implementing matching
grants, the government can ensure that all councils, regardless of their financial
capacity, have fair access to funding opportunities. This ensures equity andinclusivity in the distribution of resources.
3. Streamlined Governance: Harmonising governance frameworks, systems, anddocumentation across various funding programs and agencies reducesadministrative burden and confusion for local governments. Standardisingprocesses enhances efficiency, minimises errors, and promotes transparency
and accountability in grant management. This streamlined approach allows local
councils to place a greater focus on delivering essential services andinfrastructure to their communities rather than navigating complex bureaucratic
procedures.
4. Enhanced Collaboration: Leading collaboration with state and local
governments fosters better coordination and communication among different
levels of government. By working together, governments can leverage theirrespective expertise and resources to optimise grant funding delivery andgovernance. This collaborative effort ensures that funding priorities are alignedwith community needs and government objectives.
5. Stimulating Local Development: Simplifying and streamlining grant funding
processes empowers local governments to invest in projects and initiatives thatdrive economic growth, improve community well-being, and enhance
infrastructure development. By reducing administrative barriers and ensuring
equitable access to funding, the government can catalyse local development
efforts, creating jobs, boosting productivity, and encouraging sustainable
progress.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 41

MOTION 8 - ROADS AND INFRASTRUCTURE
This National General Assembly calls on the Australian Government to lead systems
reform across all three levels of government to improve the planning, administrationand delivery of road funding, with a focus on ensuring greater equity, certainty andsustainability in funding across regional and metropolitan communities.
NATIONAL OBJECTIVE
This motion addresses the following key question in the 2024 Discussion Paper:"Are there programs or initiatives that the Australian Government could provide to
improve the sector's capacity to manage local government infrastructure and tointegrate these plans into long-term financial plans?"
SUMMARY OF KEY ARGUMENTS
1. National Unity and Consistency: With the Australian Government leading
systems reform, there would be a cohesive and consistent approach to roadfunding across all levels of government. This would prevent disparities andconfusion between different regions and ensure that funding allocations are fair
and transparent.
2. Economic Efficiency: Improved planning, administration, and delivery of roadfunding would lead to greater economic efficiency. By ensuring that funds areallocated based on need rather than political considerations, resources can bedirected towards projects that provide the highest economic return, whether inregional or metropolitan areas.
3. Equity Across Regions: Many regional communities often suffer frominadequate road infrastructure compared to metropolitan areas. By leading
systems reform, the Australian Government can ensure that funding is
distributed equitably, addressing the infrastructure deficits in regional
communities and promoting balanced regional development.
4. Certainty for Stakeholders: Greater certainty in road funding allocations isessential for both government agencies and private stakeholders involved ininfrastructure projects. With clearer guidelines and processes establishedthrough systems reform, stakeholders can make more informed decisions andplan for the long term.
5. Sustainability and Long-Term Planning: Sustainable funding mechanisms are
crucial for maintaining and upgrading road infrastructure over the long term. By
reforming the system, the Australian Government can introduce measures suchas dedicated funding streams or innovative financing mechanisms to ensureongoing investment in roads without relying solely on short-term budget
allocations.
6. Improved Connectivity and Mobility: A well-planned and funded road network
enhances connectivity and mobility, benefiting both regional and metropolitan

Ordinary Council Meeting Tuesday, 23 April 2024

Page 42

communities. By leading reform efforts, the Australian Government can prioritise
projects that improve connectivity between different regions, facilitate access toessential services, and support economic growth across the country.
7. Addressing Climate Change and Environmental Concerns: Sustainabletransportation infrastructure is essential for mitigating the impacts of climatechange and reducing greenhouse gas emissions. Through systems reform, theAustralian Government can allocate funding towards projects that promotesustainable transport modes, such as public transport and cycling infrastructure,contributing to environmental goals while enhancing mobility.
8. International Competitiveness: A well-maintained and efficient road network isessential for Australia's international competitiveness. By improving roadfunding systems, the government can ensure that infrastructure keeps pace with
global standards and demands, supporting trade, tourism, and attracting
investment to both regional and metropolitan areas.
In conclusion, by leading systems reform in road funding, the AustralianGovernment can promote greater equity, certainty, and sustainability across all
communities, driving economic development, enhancing connectivity, andaddressing pressing environmental and social challenges.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 43

MOTION 9 - HOUSING & HOMELESSNESSThis National General Assembly calls on the Australian Government to:
Support the urgent delivery of new housing and improve housing affordability andaccess by:
1. Investing in the transport and community infrastructure required to unlock
development-ready-land.
2. Leading collaboration across Australian, state and local government to develop
a collaborative framework for biodiversity planning that will enhanceconservative outcomes and provide greater planning and investment certainty
for local and regional communities around the availability of land and housing.
3. Investing in additional public housing and incentivising affordable housing
schemes.
4. Repurposing existing government facilities such as underutilised healthfacilities, or other government buildings that could be repurposed for short term
housing.
NATIONAL OBJECTIVE
This motion addresses the following key question in the 2024 Discussion Paper:"How can the Australian Government work with councils to address the causes andimpacts of homelessness?"
SUMMARY OF KEY ARGUMENTS
1. Investing in the necessary infrastructure to unlock development-ready land will
stimulate economic growth. By facilitating the construction of new housing, thegovernment can create jobs in construction, engineering, and related sectors.
This will not only boost employment opportunities but also contribute to the overall
economic activity in the region.
2. Collaboration among different levels of government to develop a framework forbiodiversity planning ensures that housing developments are carried out
sustainably. By prioritising biodiversity planning, the government can protect
ecologically sensitive areas while providing certainty for developers andinvestors. This approach fosters responsible urban development that balances
the needs of communities with environmental preservation.
3. Investing in additional public housing and incentivising affordable housing
schemes is crucial for addressing housing affordability and ensuring social equity.
Many Australians struggle to afford housing, and the lack of affordable options
exacerbates inequality. By increasing the supply of public and affordable housing,
the government can provide vulnerable populations with stable and secure
housing, reducing homelessness and improving overall societal well-being.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 44

4. Repurposing existing government facilities for short-term housing addresses two
critical issues simultaneously: housing shortages and underutilisation of
resources. Many government buildings, such as underutilised health facilities orother public structures, sit vacant or underused. Repurposing these buildings forhousing offers a cost-effective solution to the housing crisis while maximizing theuse of existing infrastructure. This approach minimizes the need for additional
land development and infrastructure investment, making efficient use of taxpayer
resources.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 45MOTION 10 - REDUCING CANCER AND HEALTH PROBLEMS CAUSED BYGAS USE IN HOMESThis National General Assembly calls on the Australian Government to
1.

2.
3.

Note the extensive scientific medical literature that demonstrates thealarming health impacts caused by indoor gas use, particularly cooking, onvulnerable groups like children, the elderly, people with respiratory
conditions, and people on low incomes.
Commit to phasing out gas appliances in homes by requiring all new homes
to be powered by 100% electricity instead of gas
Revise the National Construction Code to ensure that all new residential
developments are fully powered by electric appliances instead of gas ones.

NATIONAL OBJECTIVE
That the Australian Government listens to medical professionals by ensuring thatthe homes we live in are clean, healthy and safe, free from the harmful toxins caused
by gas appliances, particularly space heaters, stoves and cooktops.
SUMMARY OF KEY ARGUMENTS
Decades of scientific medical research demonstrates the alarming health impacts ofgas appliances when used indoors. For example, a recent Australian study foundthat gas cooktops are associated with around 12 percent of childhood asthma casesin Australia.
Medical professionals note that the real rate is probably much higher, as mild
asthma cases are often undiagnosed, never see a respiratory specialist, and don’t
appear in health statistics. Indoor gas combustion is likely to be a significant causeof Australia’s relatively high rates of asthma. US researchers from Stanford
University have linked gas stoves and ovens to home air levels of carcinogenic
chemicals like benzene.
We know that long-term exposure to benzene is linked to acute lymphocytic
leukaemia, chronic lymphocytic leukaemia, multiple myeloma, childhood leukaemia,
and non-Hodgkin lymphoma. Methane leakage in buildings has other very serious
health effects.
Given the known, scientifically proven links between indoor gas use and harmful
human health outcomes, requiring new homes to be fitted with electric appliances,
it is incumbent on the Australian Government to act swiftly to address this publichealth emergency.
Rising gas price rises are impacting on families and households across the country
who are already struggling with spiralling housing and food costs. A recent Energy
Consumers Australia survey of 2,500 people found that more than one quarter ofhouseholds are struggling to pay their energy bills.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 46

Study after study demonstrates that homes powered by 100% electricity arecheaper to run than those connected to gas. For example, recent, separate studies
by Monash University, Energy Consumers Australia, Renew, Australian Council for
Social Services, and Rewiring Australia all demonstrate that homes that swap gas
appliances for modern, efficient ones, combined with energy efficiency upgrades
and solar and battery installations, can cut energy bills by a range of $500 to $5,000
per year, depending on the combination of upgrades.
The Australian Government could provide direct and immediate cost-of-living relief
to people moving into new housing by ensuring newly built homes are fully electricwithout gas.
Recent modelling shows that this move alone would cut household energy bills by
90.6% by 2040.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 47

8.4. ADVISORY COMMITTEES ANNUAL REPORTS
REPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICER / MANAGER LEGAL &GOVERNANCEPURPOSETo receive Advisory Committee Annual Reports for the 2023 calendar year.
RECOMMENDATION
That Council:
1

Receives Advisory Committee Annual Reports for the 2023 calendar year from:i)

Access Inclusion Advisory Committeeii) Asset Advisory Committeeiii) Community and Culture Advisory Committeeiii) Guraki Aboriginal Advisory Committeeiv) Infrastructure Advisory Committeev) Liveable Cities Advisory Committeevii) Strategy and Innovation Advisory Committeeviii) Newcastle Youth Council Advisory Committee
KEY ISSUES
2City of Newcastle's (CN) Advisory Committees, comprising Councillor andindependent community and stakeholder members, provide advice to the elected
Council on matters of strategic significance and on matters aligned to their area ofexpertise and Newcastle 2040.

3

Advisory Committees present Annual Reports to Council to inform Councillors of
their key items of business and their performance.

FINANCIAL IMPACT4

CN's adopted Our Budget 2022/23 and 2023/24 makes provisions for Advisory
Committees.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 48

NEWCASTLE 2040 ALIGNMENT
5

Receiving annual reports from the Advisory Committees is consistent with thestrategic directions of the Newcastle 2040 Community Strategic Plan.
Liveable
1.1 Enriched neighbourhoods and places
1.2 Connected and fair communities
1.3 Safe, active and linked movement across the city
1.4 Innovated and connected city
Sustainable
2.1 Action on climate change
2.2 Nature-based solutions
Creative
3.1 Vibrant and creative city
3.3 Celebrating culture
3.4 City-shaping partnerships
Achieving Together
4.2 Trust and transparency
4.3 Collaborative and innovative approach

IMPLEMENTATION PLAN/IMPLICATIONS
6Advisory Committee Annual Reports are published on CN's website.

RISK ASSESSMENT AND MITIGATION
7

Advisory Committees are a key mechanism for engaging the community and key
stakeholders in local planning and decision-making.

8

Clear and transparent Advisory Committee processes ensure broad opportunities
for membership providing for greater diversity of input into matters on which theelected Council will be making decisions.

RELATED PREVIOUS DECISIONS
9

At the Ordinary Council meeting held on 26 April 2023, Council received theAdvisory Committee Annual Reports for 2022.

CONSULTATION
10 The Annual Reports at Attachment A have been endorsed by the respective
Advisory Committees.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 49

BACKGROUND
11 NilOPTIONS
Option 1
12 The recommendation as at Paragraph 1. This is the recommended option.
Option 2
13 Council does not adopt the recommendation. This is not the recommended option.

REFERENCES
Guidelines for meeting practice – Advisory Committees
https://www.newcastle.nsw.gov.au/Newcastle/media/DocumentsHYS/Documentation-Guidelines-for-meeting-practice-Advisory-Committees-V1.pdf
Advisory Committee webpage:https://www.newcastle.nsw.gov.au/council/about-council/advisory-committees
ATTACHMENTS
Attachment A:

Advisory Committee Annual Reports

Attachment A distributed under separate coverOrdinary Council Meeting Tuesday, 23 April 2024

Page 50

8.5. URBAN DESIGN REVIEW PANEL (UDRP) - ANNUAL REPORT 2023
REPORT BY:
CONTACT:PLANNING AND ENVIRONMENTEXECUTIVE DIRECTOR PLANNING AND ENVIRONMENT /INTERIM EXECUTIVE MANAGER PLANNING AND
DEVELOPMENTPURPOSETo present the Urban Design Review Panel (UDRP) Annual Report 2023.
RECOMMENDATION
That Council:
1

Receives the Urban Design Review Panel Annual Report 2023 as at
Attachment A.

KEY ISSUES
2The Urban Design Review Panel (UDRP) is an independent expert panel
established in accordance with State Environmental Planning Policy No 65—
Design Quality of Residential Apartment Development (SEPP 65) and City of
Newcastle's (CNs) Urban Design Panel Charter 2020 (UDRP Charter).

3

On 14 December 2023, the NSW Government consolidated the provisions of
SEPP 65 into the Statement Environmental Planning Policy (Housing) 2021
and the Environmental Planning and Assessment Regulation 2021. However,for the 2023 calendar year the UDRP operated under the provisions of SEPP
65, noting that there was no meeting held in December 2023.

4

CN has a rich tradition of establishing and maintaining a design review panel.
Contributing to this tradition during 2023 are the UDRP members, whocomprise a specialist group of design professionals with extensive industry
experience across a diverse range of fields including architecture, landscapearchitecture, urban design, sustainability, heritage, and safer by design. This
included:
Chairperson: Phillip Pollard (AMENITY Urban & Natural Environments Pty
Ltd)Member:
Kerry Hunter (Hill Thalis Architecture and Urban Projects)
Member:Kristy Cianci (The Design Partnership)
Member:Justin Hamilton (SHAC Pty Ltd)
Alternate Member: Colin Brady (Colin Brady Architecture and Planning)
Alternate Member: David Moir (Moir Landscape Architecture)

5

The focus of the UDRP in 2023 was to evaluate and critique the urban design
aspects of major commercial, industrial, residential, community and civic
developments.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 51

6

The Annual Report documents the activities of UDRP since established under
the UDRP Charter with a focus on activities during 2023 and is included at
Attachment A.

7

Throughout 2023, the UDRP convened for 13 meetings, undertaking a total of
63 individual design review sessions. These sessions offered guidance to CN
staff and applicants on 48 different development proposals valued at over $1.5
billion, as well as providing input on strategic projects including the Draft
Newcastle Development Control Plan 2023.

8

In 2023, UDRP Chairperson Dr Philip Pollard continued in the role of CN's
design competition jury representative.

FINANCIAL IMPACT
9Administrative costs associated to support UDRP are funded through theexisting operational budget.

NEWCASTLE 2040 ALIGNMENT
10The UDRP is consistent with the strategic directions of the Newcastle 2040
Strategic Plan.
Liveable
1.1 Enriched neighbourhoods and places
1.1.1 Great spaces
1.1.2 Well-designed places

IMPLEMENTATION PLAN/IMPLICATIONS
11

Not applicable

RISK ASSESSMENT AND MITIGATION
12The UDRP is contributing to the City by overseeing development achieving
high quality design in accordance with development controls.

CONSULTATION
13The UDRP Annual Report 2023 will be reported to the Liveable Cities Advisory
Committee at their next meeting.

RELATED PREVIOUS DECISIONS
14

At the Ordinary Council Meeting held on 8 December 2020, Council endorsed
the UDRP Charter.

15

At the Ordinary Council Meeting held on 25 July 2023, Council received the
Urban Design Review Panel Annual Report 2022.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 52

BACKGROUND
16

17

The role of the UDRP is:i)

Examine, evaluate and critique the urban design aspects of majorcommercial, industrial, residential, community and civic developments.

ii)

Assess the design quality of development proposals and identify how
development proposals could be improved by design changes.

iii)

Critique plans for proposed developments and provide comments toapplicants and their consultants on recommended modifications toimprove the design quality of development proposals.

iv)

Identify and recommend improvements to development proposals
necessary to achieve consistency with the design quality principles andthe Apartment Design Guide.

v)

Advise CN Officers on the design quality of development proposals, toassist with assessment of whether such applications warrant support
because they contribute to an improvement in the built fabric of the local
area.

The UDRP consider certain development proposals as required by SEPP 65
and the UDRP Charter. This includes residential flat buildings, shop top
housing, mixed-use development, any proposal within the Newcastle City
Centre that seeks to utilise Newcastle Local Environmental Plan 2012 (NLEP
2012) Clause 7.5 – Design excellence. Other types of development may also
be referred to the UDRP based upon their nature, location, scale, or likely
impact to the surrounding locality, such as boarding houses, multi-dwellinghousing over 10 dwellings, places of public worship, and tourist and visitor
accommodation.

OPTIONS
Option 1
18

Council resolves to adopt the recommendation as at Paragraph 1. This is therecommended option.

Option 2
19

Council resolves to not adopt the recommendation at Paragraph 1. This is not
the recommended option.

Ordinary Council Meeting Tuesday, 23 April 2024

REFERENCESATTACHMENTS
Attachment A:

Urban Design Review Panel Annual Report 2023

Attachment A distributed under separate cover

Page 53

Ordinary Council Meeting Tuesday, 23 April 2024

Page 54

8.6. SUPPLEMENTARY REPORT - NEWCASTLE CITY CENTRE HERITAGECONSERVATION AREAS REVIEWTo be distributed under separate cover.

8.7. UPPER HUNTER SHIRE COUNCIL - MEMORANDUM OF UNDERSTANDINGREPORT BY:
CONTACT:EXECUTIVE OFFICER TO CHIEF EXECUTIVE OFFICERCHIEF EXECUTIVE OFFICERPURPOSETo endorse a Memorandum of Understanding (MoU) with Upper Hunter Shire Council(UHSC).
RECOMMENDATION
That Council:
1

Endorses the Memorandum of Understanding with Upper Hunter Shire Council
as shown at Attachment A

2Delegates authority to the Lord Mayor to sign the document on its behalf.

KEY ISSUES
3

Sustained population growth, continued economic inter-dependencies and thecomplex issues of service delivery have given rise to a new set of relationshipdrivers between City of Newcastle (CN) as the region’s capital and UHSC as aregional neighbour. Ensuring appropriate service delivery, sustainable regional
growth and future economic prospects are important priorities for both Councils.

4

The MoU is a non-binding statement of intent by each party to work together on
strategic and operational issues impacting Local Government.

5

The MoU sets out the arrangements for liaison between CN and UHSC as Local
Government agencies in relation to possible:i)sharing of information to enhance learning and understanding, as well as
the community experience,ii)

exploring opportunities for joint advocacy,iii)

submissions or funding applications, tendering, andOrdinary Council Meeting Tuesday, 23 April 2024

iv)

Page 55

sharing staff resources to enhance the skills of Local Government
employees.

6

The MoU acknowledges the preparedness of CN and UHSC in the public
interest, to share with each other as far as is legal and practicable, informationin each agency's possession relevant to matters within the jurisdiction of theother.

7

Project specifics will be determined by a committee comprising senior
employees of both organisations.

8

The shared principles that underpin the MoU include:i)the economic and social prosperity of Newcastle and the Upper Hunterare stronger and more resilient through innovation and collaboration
between regional Local Government partnerships,ii)

our communities will benefit from cooperation that helps build capacity
and capability of our staff and systems,iii)

our financial strength and competitive advantage increase when working
together, andiv)

knowledge sharing provides efficiencies that enables better value andmore strategic outcomes for our communities.

FINANCIAL IMPACT
9

There is no financial cost associated with CN's execution of this MoU.

10

In the event that obligations under this MoU incur costs for either party, fees
could be negotiated on a cost recovery basis.

NEWCASTLE 2040 ALIGNMENT
11

The MoU is consistent with the strategic directions of the Newcastle 2040
Community Strategic Plan:
Creative City
3.4 City-shaping partnerships
3.4.1 Optimise city opportunities
3.4.2 Advocacy and Partnerships
Achieving Together
4.3 Collaborative and innovative approach
4.3.1 Collaborative organisation
4.3.2 Innovation and continuous improvement

Ordinary Council Meeting Tuesday, 23 April 2024

Page 56

IMPLEMENTATION PLAN/IMPLICATIONS
12Strategic priorities will be geared towards shared goals within each Council'sCommunity Strategic Plan, Delivery Program and Operational Plan, as well aspriorities where a united approach will help create progress and remove
barriers.

RISK ASSESSMENT AND MITIGATION
13

Nothing in this MoU will influence the execution of statutory functions andprocesses – including those of the elected Council.

14

The MoU is non-binding, unless and until such time that the Parties execute alegally binding agreement.

15

Parties remain bound by existing legal conditions such as the Intellectual
Property rights of each Council.

RELATED PREVIOUS DECISIONS
16

Nil

CONSULTATION
17The MoU has been prepared in consultation with UHSC with a legal review
undertaken by both organisations.

18

Community engagement undertaken as part of the 2040 Community Strategic
Plan in February 2021 identified city-shaping partnerships as a priority.
Collaboration with other Councils strengthens CN’s capability to deliver
strategic outcomes for Newcastle and the region.

BACKGROUND
19

A discussion commenced in November 2023 between CN, UHSC andMuswellbrook Council regarding changes proposed by the NSW Government
to internal audit guidelines that had the potential to financially impact uponsmaller councils. The concept of a MoU was raised between CN and each of
the two councils once it was identified that a number of opportunities existed
where mutual benefit and learning could occur. While the issues relating tointernal audit were ultimately addressed without the need for support from CN,
the respective leaders committed to progress the idea for an MoU between the
councils to formalise the potential for knowledge sharing and staff learning.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 57

OPTIONS
Option 1
20

The recommendation as at Paragraphs 1-2. This is the recommended option.

Option 2
21

Council resolves not to endorse the MoU between CN and UHSC. This is not
the recommended option.

REFERENCESATTACHMENTS
Attachment A: Memorandum of Understanding between City of Newcastle andUpper Hunter Shire Council.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 58

Attachment A

Memorandum of Understanding
City of Newcastle
andUpper Hunter Shire Council

Ordinary Council Meeting Tuesday, 23 April 2024

Page 59

Details
Council

City of Newcastle
ABN 25 242 068 129Of
12StewartNew South Wales 2300

Avenue,Newcastle

West

CouncilUpper Hunter Shire Council
ABN 17 261 839 740
of 135 Liverpool Street, Scone NSW

Commencement
Date

1 May 2024

Completion
Date

30 June 2027

Context

1.

City of Newcastle (CN) and Upper Hunter Shire Council(UHSC) wish to enter a Memorandum of Understanding (MoU)
for the purpose of exploring objectives for possible
collaboration opportunities on strategic and operational issues
impacting local government.

2.

This MoU sets out the framework for the establishment of acooperative relationship between the parties.

3.

This MoU will be carried out in a manner which reflects the spirit
and intent of collaboration, transparency, respect, andinnovation.

4.

Enhanced cross boundary collaboration across a range ofissues has been a focus of councils in the Hunter, including
through the work of the Hunter Joint Organisation and otheragencies.

5.

Sustained population growth, continued economic interdependencies and the complex issues of service delivery havegiven rise to a new set of relationship drivers between CN as
the region’s capital and UHSC as a regional neighbour.
Ensuring appropriate service delivery, sustainable regional
growth and future economic prospects are important priorities
for both Councils.

6.

This MoU sets out the arrangements for liaison between the
Local Government agencies of CN and UHSC concerning thesharing of information, and exploring opportunities for joint
advocacy, submissions or funding applications, tendering, as
well as sharing of staff resources to enhance the skills of Local

PurposeOrdinary Council Meeting Tuesday, 23 April 2024

Page 60

Government employees (subject to compliance with any legal
requirements that relate to such matters).
7.

The MOU acknowledges the preparedness of CN and UHSC,
in the public interest, to share with each other, as far as is legal
and practicable, information in each agency's possession
relevant to matters within the jurisdiction of the other.

8.

CN and UHSC recognise and commit to the following
fundamental principles as the foundation for the MoU:

Principles

a. The economic and social prosperity of Newcastle and theUpper Hunter will be stronger and more resilient throughinnovation and collaboration between regional Local
Government partnerships;
b. Our communities will benefit from cooperation that helps build
capacity and capability of our staff and systems;c. Our financial strength and competitive advantage increase
when working together; andd. Knowledge sharing provides efficiencies that enables better
value and more strategic outcomes for our communities.

Objectives

9.

The key strategic objective is to collaborate in multiple areas toenhance the strategic outcomes for each Council. A secondary
objective is to lead by example by demonstrating the impact ofcollaboration and working together to give effect to the sharedvision.

10. The parties will explore opportunities and proposals tocooperate and collaborate on:a. Joint submissions and approaches to State and Federal
Government on shared issues;b. A forum of executive staff for identifying the mutual strategic
priorities of each Council on an annual basis;c. Share strategic information in relation to areas of expertise;d. Possible collaboration and engagement with industry in respectof planning and development, transport integration, tourism,
place based activation, attraction of major events and other key
areas;
e. Develop strategies to improve community participation andaccess to cultural facilities and opportunities;
f. Develop strategies and projects that deliver operational
efficiencies and sustainability in areas such as economic
development, waste management and biodiversity;g. Consider staff development opportunities including leadershipdevelopment programs across the respective Councils;h. Shared procurement or joint tendering to achieve cost
efficiencies or where it will increase return on investment for
both parties; andOrdinary Council Meeting Tuesday, 23 April 2024

i.
SpecialConditions

Page 61

Recognising any mutual interdependencies in service delivery,
economic development, and resource management.

Areas of Engagement
11. This section outlines core areas of collaboration between theCouncils.
12. Each party acknowledges that the parties are not carrying out
the activities envisaged under this MoU on an exclusive basis,and this MoU will not preclude either of them engaging in
activities which are the same, similar to or in competition withany subject matter referred to herein. Nothing in this MoU is
intended to influence or impinge the statutory obligations ofeither Council.
13. Strategic priorities will be particularly geared towards sharedgoals within each Council's Community Strategic Plan,
Delivery Program and Operational Plans, as well as priorities
where a united approach will help create progress and remove
barriers.
Strategic Agenda and Governance
14. The executive teams of each Council will meet on an annual
basis to agree on shared strategic goals. Matters agreed will
be progressed via project-based workshops or productive
engagement between the Councils.
15. Each Council will nominate a senior executive sponsor to
oversee the MoU (defined as the Representative of each
respective Council below) and undertake to report on
outcomes to their respective executive or elected Councils
annually.

City of Newcastle
Representative

Kathleen Hyland, Executive Officer to the CEO
12 Stewart Avenue, Newcastle West, NSW 2302
Telephone: +61 2 4974 2000
Email: khyland@ncc.nsw.gov.au

Upper Hunter Shire
Representative

Greg McDonald, General Manager
135 Liverpool Street, Scone NSW 2337
gmcdonald@upperhunter.nsw.gov.au

Ordinary Council Meeting Tuesday, 23 April 2024

Page 62

Execution
Executed by an authorised person City of Newcastle ABN 25 242 068 129 in the presence of:__________________________________________________________

Signature of Authorised Person

Signature of Authorised Person__________________________________________________________

Lord Mayor Nuatali Nelmes

Mr Jeremy Bath____________________________
Date

Executed by an authorised person of the Upper Hunter Shire Council ABN 17 261 839 740 in
the presence of:__________________________________________________________

Signature of Authorised Person

Signature of Authorised Person__________________________________________________________

Mayor Maurice Collison

Mr Greg McDonald____________________________
DateOrdinary Council Meeting Tuesday, 23 April 2024

1.

Page 63

Operation of this Memorandum of Understanding
1.1. Terma)This MoU comes into operation on the Commencement Dateand continues until the Completion Date, unless terminatedin accordance with clause 5.2.

1.2. Not bindinga)The parties agree that this MoU only expresses the intention of
the parties and is not binding and does not create any legally
enforceable obligations between the parties.

1.3. Special conditionsa)2.

If the Details of this MoU set out any special conditions,those conditions are incorporated into and form terms ofthis MoU.

Responsibilities and Risk
2.1. Responsibilitiesa)

The parties agree to work together to achieve the Objectives
by performing their respective Responsibilities set out in the
Details set out above in this MoU.

b)

The parties will be open, honest, cooperative, and responsive toeach other, respecting each other's functions and roles, andassisting and supporting each other whenever reasonably
possible.

2.2. Risk

3.

a)The parties agree to work together to monitor and report on
any risks that arise in relation to Responsibilities and the
Objectives.

b)

Each party is responsible for managing its own risks in relation
to the matters arising under this MoU, and in no circumstances
will a party be responsible or liable for any loss or damage
suffered by the other party as a consequence of the parties
entering into, or relying upon, this MoU.

Communication and Cooperation
3.1. Communication

Ordinary Council Meeting Tuesday, 23 April 2024a)Page 64

The parties agree to regularly liaise by personal contact
between the Representatives or other persons with authority tocommunicate on behalf of the Councils or in writing with eachother about the performance of the Objectives.

3.2. Sharing of informationa)

The parties agree to share information as reasonably
required, and as permitted by law, to achieve the Objectives.

b)

The parties agree to protect all information in relation to thisMoU that is considered by a Council confidential.

3.3. Resolving Conflicts
a)

4.

5.

The parties agree to meet within 21 days of notification of adispute by one party to another in an effort to attempt to resolve
all issues and disputes amicably, and if necessary where a
dispute has not been resolved within this time period, to seek
discussions between the Chief Executive Officers of eachCouncil in a further attempt to resolve any issues or disputes
within a period of no more than 14 days before seeking toterminate in accordance with clause 5.2.

Expensesa)

A party may not commit the other to any cost, expense, or
obligation without the written consent of that party.

b)

Each party will be responsible for any cost, expense, or obligationnecessary to their achievement of the Objectives.

c)

Where obligations cannot be achieved at minimal cost, the parties
will negotiate fees for service on a cost recovery basis.

Intellectual Propertya)Each party agrees that it can only use the Materials of the otherparty for purposes directly relating to this MoU.

b)

Each party agrees that all Intellectual Property in the Materials is
owned by the party that supplies the Materials, or that has a genuine
claim to ownership of the Materials.

c)This MoU does not create any legally enforceable obligations
between the parties in relation to the Intellectual Property of eachparty.

Ordinary Council Meeting Tuesday, 23 April 2024

6.

Terminationa)7.

Page 65

Either party may terminate this MoU by giving the other party 5 days
written notice.

Definitionsa)Intellectual Property means all present and future rights tointellectual property including any inventions and improvements, trade
marks (whether registered or common law trade marks), service
marks, designs, patents, copyright, circuit layouts, moral rights, any
corresponding property rights under the laws of any jurisdiction andany rights in respect of an invention, discovery, trade secret, secretprocess, know-how, concept, idea, information, process, data, or
formula.

b)

Law means all applicable statutes, regulations, by-laws, ordinances,or subordinate legislation in force from time to time anywhere in aparty's jurisdiction, including the common law and equity.

c)

Materials means any tangible or intangible thing provided by one party
to the other in relation to this MoU which contains a party's Intellectual
Property or confidential information.

d)

Objectives means the objectives defined in clauses 9 and 10 in the
Details of this MoU.

e)

Responsibilities means the responsibilities set out in clause 2.1 ofthis MoU.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 66

8.8. MUSWELLBROOK SHIRE COUNCIL - MEMORANDUM OF UNDERSTANDINGREPORT BY:
CONTACT:EXECUTIVE OFFICER TO CHIEF EXECUTIVE OFFICERCHIEF EXECUTIVE OFFICERPURPOSETo endorse a Memorandum of Understanding (MoU) with Muswellbrook ShireCouncil (MSC).
RECOMMENDATION
That Council:
1

Endorses the Memorandum of Understanding with Muswellbrook ShireCouncil as shown at Attachment A

2Delegates authority to the Lord Mayor to sign the document on its behalf.

KEY ISSUES
3

Sustained population growth, continued economic inter-dependencies and thecomplex issues of service delivery have given rise to a new set of relationshipdrivers between City of Newcastle (CN) as the region’s capital and MSC as aregional neighbour. Ensuring appropriate service delivery, sustainable regional
growth and future economic prospects are important priorities for bothCouncils.

4

The MoU is a non-binding statement of intent by each party to work together
on strategic and operational issues impacting Local Government.

5

The MoU sets out the arrangements for liaison between CN and MSC as Local
Government agencies in relation to possible:

6i)sharing of information to enhance learning and understanding, as well as
the community experience,ii)

exploring opportunities for joint advocacy,iii)

submissions or funding applications, tendering, andiv)

sharing staff resources to enhance the skills of Local Government
employees.

The MoU acknowledges the preparedness of CN and MSC in the public
interest, to share with each other as far as is legal and practicable, information

Ordinary Council Meeting Tuesday, 23 April 2024

7

8Page 67

in each agency's possession relevant to matters within the jurisdiction of theother.
Project specifics will be determined by a committee comprising senior
employees of both organisations.
The shared principles that underpin the MoU include:i)the economic and social prosperity of Newcastle and the Muswellbrookare stronger and more resilient through innovation and collaboration
between regional Local Government partnerships,ii)

our communities will benefit from cooperation that helps build capacity
and capability of our staff and systems,iii)

our financial strength and competitive advantage increase when working
together, andiv)

knowledge sharing provides efficiencies that enables better value andmore strategic outcomes for our communities.

FINANCIAL IMPACT
9

There is no financial cost associated with CN's execution of this MoU.

10

In the event that obligations under this MoU incur costs for either party, fees
could be negotiated on a cost recovery basis.

NEWCASTLE 2040 ALIGNMENT
11

The MoU is consistent with the strategic directions of the Newcastle 2040
Community Strategic Plan:
Creative City
3.4 City-shaping partnerships
3.4.1 Optimise city opportunities
3.4.2 Advocacy and Partnerships
Achieving Together
4.3 Collaborative and innovative approach
4.3.1 Collaborative organisation
4.3.2 Innovation and continuous improvement

IMPLEMENTATION PLAN/IMPLICATIONS
12Strategic priorities will be geared towards shared goals within each Council'sCommunity Strategic Plan, Delivery Program and Operational Plan, as well aspriorities where a united approach will help create progress and remove
barriers.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 68

RISK ASSESSMENT AND MITIGATION
13

Nothing in this MoU will influence the execution of statutory functions andprocesses – including those of the elected Council.

14

The MoU is non-binding, unless and until such time that the Parties execute alegally binding agreement.

15

Parties remain bound by existing legal conditions such as the Intellectual
Property rights of each Council.

RELATED PREVIOUS DECISIONS
16

Nil

CONSULTATION
17The MoU has been prepared in consultation with MSC with a legal review
undertaken by both organisations.

18

Community engagement undertaken as part of the 2040 Community Strategic
Plan in February 2021 identified city-shaping partnerships as a priority.
Collaboration with other Councils strengthens CN’s capability to deliver
strategic outcomes for Newcastle and the region.

BACKGROUND
19

A discussion commenced in November 2023 between CN, MSC and Upper
Hunter Shire Council regarding changes proposed by the NSW Government
to internal audit guidelines that had the potential to financially impact uponsmaller councils. The concept of a MoU was raised between CN and each of
the two councils once it was identified that a number of opportunities existed
where mutual benefit and learning could occur. While the issues relating tointernal audit were ultimately addressed without the need for support from CN,
the respective leaders committed to progress the idea for an MoU between
the councils to formalise the potential for knowledge sharing and staff learning.

OPTIONS
Option 1
20

The recommendation as at Paragraphs 1-2. This is the recommended option.

Option 2
21

Council resolves not to endorse the MoU between CN and MSC. This is not
the recommended option.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 69

REFERENCESATTACHMENTS
Attachment A: Memorandum of Understanding between City of Newcastle andMuswellbrook Shire Council.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 70

Attachment A

Memorandum of Understanding
City of Newcastle
andMuswellbrook Shire Council

Ordinary Council Meeting Tuesday, 23 April 2024

Page 71

Details
Council

City of Newcastle
ABN 25 242 068 129
of12
StewartNew South Wales 2300

Avenue,Newcastle

West

CouncilMuswellbrook Shire Council
ABN 86 864 180 944
of Campbell’s Corner 60-82 Bridge St, Muswellbrook
New South Wales 2333

Commencement
Date

1 May 2024

Completion
Date

30 June 2027

Context

City of Newcastle (CN) and Muswellbrook Shire Council (MSC)
wish to enter a Memorandum of Understanding (MoU) for the
purpose of exploring objectives for possible collaboration
opportunities on strategic and operational issues impacting local
government.

Purpose1.

This MoU sets out the framework for the establishment of acooperative relationship between the parties.

2.

This MoU will be carried out in a manner which reflects the spirit
and intent of collaboration, transparency, respect, andinnovation.

3.

Enhanced cross boundary collaboration across a range ofissues has been a focus of councils in the Hunter, including
through the work of the Hunter Joint Organisation and otheragencies.

4.

Sustained population growth continued economic interdependencies and the complex issues of service delivery havegiven rise to a new set of relationship drivers between CN as
the region’s capital and MSC as a regional neighbour. Ensuring
appropriate service delivery, sustainable regional growth andfuture economic prospects are important priorities for bothCouncils.

5.

This MoU sets out the arrangements for liaison between the
Local Government agencies of CN and MSC concerning thesharing of information, and exploring opportunities for joint
advocacy, submissions or funding applications, tendering, as
well as sharing of staff resources to enhance the skills of Local

Ordinary Council Meeting Tuesday, 23 April 2024

Page 72

Government employees (subject to compliance with any legal
requirements that relate to such matters).

Principles

6.

The MOU acknowledges the preparedness of CN and MSC, inthe public interest, to share with each other, as far as is legal
and practicable, information in each agency's possession
relevant to matters within the jurisdiction of the other.

7.

CN and MSC recognise and commit to the following
fundamental principles as the foundation for the MoU:

a. The economic and social prosperity of Newcastle and theUpper Hunter will be stronger and more resilient throughinnovation and collaboration between regional Local
Government partnerships;
b. Our communities will benefit from cooperation that helps build
capacity and capability of our staff and systems;c. Our financial strength and competitive advantage increase
when working together; andd. Knowledge sharing provides efficiencies that enables better
value and more strategic outcomes for our communities.

Objectives

8.

The key strategic objective is to collaborate in multiple areas toenhance the strategic outcomes for each Council. A secondary
objective is to lead by example by demonstrating the impact ofcollaboration and working together to give effect to the sharedvision.

9.

The parties will explore opportunities and proposals tocooperate and collaborate on:a. Joint submissions and approaches to State and Federal
Government on shared issues;b. A forum of executive staff for identifying the mutual strategic
priorities of each Council on an annual basis;c. Share strategic information in relation to areas of expertise;d. Possible collaboration and engagement with industry in respectof planning and development, transport integration, tourism,
place based activation, attraction of major events and other key
areas;
e. Develop strategies to improve community participation andaccess to cultural facilities and opportunities;
f. Develop strategies and projects that deliver operational
efficiencies and sustainability in areas such as economic
development, waste management and biodiversity;g. Consider staff development opportunities including leadershipdevelopment programs across the respective Councils;h. Shared procurement or joint tendering to achieve cost
efficiencies or where it will increase return on investment for
both parties; andOrdinary Council Meeting Tuesday, 23 April 2024

i.
SpecialConditions

Page 73

Recognising any mutual interdependencies in service delivery,
economic development, and resource management.

Areas of Engagement
10. This section outlines core areas of collaboration between theCouncils.
11. Each party acknowledges that the parties are not carrying out
the activities envisaged under this MoU on an exclusive basis,and this MoU will not preclude either of them engaging in
activities which are the same, similar to or in competition withany subject matter referred to herein. Nothing in this MoU is
intended to influence or impinge the statutory obligations ofeither Council.
12. Strategic priorities will be particularly geared towards sharedgoals within each Council's Community Strategic Plan,
Delivery Program and Operational Plans, as well as priorities
where a united approach will help create progress and remove
barriers.
Strategic Agenda and Governance
13. The executive teams of each Council will meet on an annual
basis to agree on shared strategic goals. Matters agreed will
be progressed via project-based workshops or productive
engagement between the Councils.
14. Each Council will nominate a senior executive sponsor to
oversee the MoU (defined as the Representative of each
respective Council below) and undertake to report on
outcomes to their respective executive or elected Councils
annually.

City of Newcastle
Representative

Kathleen Hyland, Executive Officer, CEO's Office
12 Stewart Avenue, Newcastle West, NSW 2302
Telephone: +61 2 4974 2000
Email: khyland@ncc.nsw.gov.au

Muswellbrook Shire
Representative

Derek Finnigan, General Manager
Campbell’s Corner 60-82 Bridge St, Muswellbrook
New South Wales 2333
Telephone: +61 2 4974 2000
Email: khyland@ncc.nsw.gov.au

Ordinary Council Meeting Tuesday, 23 April 2024

Page 74

Execution
Executed by an authorised person City of Newcastle ABN 25 242 068 129 in the presence of:__________________________________________________________

Signature of Authorised Person

Signature of Authorised Person__________________________________________________________

Lord Mayor Nuatali Nelmes

Mr Jeremy Bath____________________________
Date

Executed by an authorised person of the Muswellbrook Shire Council ABN 86 864 180 944 in thepresence of:____________________________
Mayor Steven Reynolds______________________________
Derek Finnigan__________________________________________________________Name of Authorised Person

Name of Authorised Person____________________________
DateOrdinary Council Meeting Tuesday, 23 April 2024

1.

Page 75

Operation of this Memorandum of Understanding
1.1. Terma)This MoU comes into operation on the Commencement Dateand continues until the Completion Date, unless terminatedin accordance with clause 5.2.

1.2. Not bindinga)The parties agree that this MoU only expresses the intention of
the parties and is not binding and does not create any legally
enforceable obligations between the parties.

1.3. Special conditionsa)2.

If the Details of this MoU set out any special conditions,those conditions are incorporated into and form terms ofthis MoU.

Responsibilities and Risk
2.1. Responsibilitiesa)

The parties agree to work together to achieve the Objectives
by performing their respective Responsibilities set out in the
Details set out above in this MoU.

b)

The parties will be open, honest, cooperative, and responsive toeach other, respecting each other's functions and roles, andassisting and supporting each other whenever reasonably
possible.

2.2. Risk

3.

a)The parties agree to work together to monitor and report on
any risks that arise in relation to Responsibilities and the
Objectives.

b)

Each party is responsible for managing its own risks in relation
to the matters arising under this MoU, and in no circumstances
will a party be responsible or liable for any loss or damage
suffered by the other party as a consequence of the parties
entering into, or relying upon, this MoU.

Communication and Cooperation
3.1. Communication

Ordinary Council Meeting Tuesday, 23 April 2024a)Page 76

The parties agree to regularly liaise by personal contact
between the Representatives or other persons with authority tocommunicate on behalf of the Councils or in writing with eachother about the performance of the Objectives.

3.2. Sharing of informationa)

The parties agree to share information as reasonably
required, and as permitted by law, to achieve the Objectives.

b)

The parties agree to protect all information in relation to thisMoU that is considered by a Council confidential.

3.3. Resolving Conflicts
a)

4.

5.

The parties agree to meet within 21 days of notification of adispute by one party to another in an effort to attempt to resolve
all issues and disputes amicably, and if necessary where a
dispute has not been resolved within this time period, to seek
discussions between the Chief Executive Officers of eachCouncil in a further attempt to resolve any issues or disputes
within a period of no more than 14 days before seeking toterminate in accordance with clause 5.2.

Expensesa)

A party may not commit the other to any cost, expense, or
obligation without the written consent of that party.

b)

Each party will be responsible for any cost, expense, or obligationnecessary to their achievement of the Objectives.

c)

Where obligations cannot be achieved at minimal cost, the parties
will negotiate fees for service on a cost recovery basis.

Intellectual Propertya)Each party agrees that it can only use the Materials of the otherparty for purposes directly relating to this MoU.

b)

Each party agrees that all Intellectual Property in the Materials is
owned by the party that supplies the Materials, or that has a genuine
claim to ownership of the Materials.

c)This MoU does not create any legally enforceable obligations
between the parties in relation to the Intellectual Property of eachparty.

Ordinary Council Meeting Tuesday, 23 April 2024

6.

Terminationa)7.

Page 77

Either party may terminate this MoU by giving the other party 5 days
written notice.

Definitionsa)Intellectual Property means all present and future rights tointellectual property including any inventions and improvements, trade
marks (whether registered or common law trade marks), service
marks, designs, patents, copyright, circuit layouts, moral rights, any
corresponding property rights under the laws of any jurisdiction andany rights in respect of an invention, discovery, trade secret, secretprocess, know-how, concept, idea, information, process, data, or
formula.

b)

Law means all applicable statutes, regulations, by-laws, ordinances,or subordinate legislation in force from time to time anywhere in aparty's jurisdiction, including the common law and equity.

c)

Materials means any tangible or intangible thing provided by one party
to the other in relation to this MoU which contains a party's Intellectual
Property or confidential information.

d)

Objectives means the objectives defined in clauses 9 and 10 in the
Details of this MoU.

e)

Responsibilities means the responsibilities set out in clause 2.1 ofthis MoU.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 78

8.9. MINISTER'S CONSENT APPLICATION FOR LEASING CITY OF NEWCASTLE
MANAGED LANDREPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICER / EXECUTIVE MANAGER
FINANCE PROPERTY AND PERFORMANCE AND
DEPUTY CHIEF FINANCIAL OFFICERPURPOSETo seek consent from the Minister for Local Government (Minister) for City of
Newcastle (CN) to enter into leases for Shepherds Hill Cottage (Cottage), and partof the community facility at Townson Oval (Facility).
RECOMMENDATION
That Council:
1

Approve the making of an application to the Minister for Local Government
seeking consent to grant the proposed lease over community land at
Shepherds Hill Cottage (41 The Terrace Newcastle), in accordance with
Section 47(5) Local Government Act 1993 (Act).

2

Approve the making of an application to the Minister for Local Government
seeking consent to grant the proposed lease over community land at Townson
Oval (24 Mitchell Street Merewether), in accordance with Section 47(5) of theAct.

KEY ISSUES
3

In accordance with Section 47 of the Act, CN gave public notice of a proposal
to lease the Shepherds Hill Cottage for a 5 year term and 5 year option. The
public notices were advertised on 23 March 2024 and provided 28 days for
submissions.

4

In accordance with Section 47 of the Act, CN gave public notice of a proposal
to lease part of the Townson Oval Community Facility including the Ground
Floor gymnasium, dry store and coolroom; Mezzanine: storage; and First
Floor: multi user clubroom and bar, toilets, kitchen, two viewing areas to eachside of the clubroom and lift for a term of 18 years. The public notice wasadvertised on 2 March 2024 and provided 28 days for submissions.

5

In accordance with Section 47(5) of the Act, if even one person makes asubmission by way of objection to the proposal to lease, CN requires
Ministerial consent to grant the lease. In accordance with the Act, the makingof an application to the Minister for consent is not delegable and requires a
resolution of Council.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 79

6

CN received four submissions objecting to the lease for the Cottage, with theoutline of objections being related to late night noise, traffic and parking, impact
on neighboring properties, impact on the community use of the greater King
Edward Park, why this use as opposed to other permissible uses and costs ofconstruction.

7

CN received three submissions objecting to the lease for the Facility with theoutline of objections being related to the Club controlling the space andbookings, pricing controlled by the Club, profits going back to the Club, thatare generated from a public facility. In addition, concern for venue hirers
regarding being hit by cricket balls on game day and venue hirers mixing withsporting groups on game days while consuming alcohol, causing anti-social
behaviour.

8

The submissions have been assessed and separate applications for eachlease will be prepared to the Minister seeking consent.

FINANCIAL IMPACT
9

Nil.

NEWCASTLE 2040 ALIGNMENT
10

Minister's Consent Application for leasing CN managed land is consistent withthe strategic directions of the Newcastle 2040 Community Strategic Plan.
Liveable
1.1 Enriched neighbourhoods and places
1.1.1 Great spaces
Achieving Together
4.3 Collaborative and innovative approach
4.3.2 Innovation and continuous improvement

IMPLEMENTATION PLAN/IMPLICATIONS
11

Subject to receipt of the Minister's consent for the Facility, CN will enter into alease with Merewether Carlton Rugby Club (MCRC) for a term of 18 years.

12

Subject to receipt of the Minister's consent for the Cottage, CN will run an
Expression of Interest and Selective Tender for the fitout and operation of the
proposed food and drink premises. A report to Asset Advisory Committee will
be prepared for the recommended tenderer, and a Council report will be
prepared if the financial value of the lease contract exceeds $1m.

RISK ASSESSMENT AND MITIGATION
13

Nil.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 80

RELATED PREVIOUS DECISIONS
14

At the Ordinary Council Meeting held on 31 October 2023, Council adopted
the Crown Land Plan of Management.

CONSULTATION
15

Endorsement for public exhibition of the proposed lease for the Cottage wasprovided by Asset Advisory Committee on 9 November 2023.

16

Endorsement for public exhibition of the proposed lease for the Facility lease
was provided by Asset Advisory Committee on 8 February 2024.

BACKGROUND
17

The Facility• In 2016, CN and the Club agreed terms for a Crown Lands Lease for 21
years in accordance with the Crown Lands Act 1989, on the back of the
proposed upgrade works to the building which were partly funded by
MCRC.
• The total project cost was $1.9m. MCRC developed a foundation to fundthe internal fit out of the upstairs clubhouse, storage and gym with acontribution of approximately $500,000. South Newcastle Rugby League
Club obtained a grant of around $40,000 towards the lift works, totalling$80,000.
• Subsequently, the Crown Lands Act 1989 was repealed with the adoptionof the Crown Land Management Act 2016, which meant CN, as Crown
Land Manager, could enter into a Lease directly with MCRC, subject to theadoption of a Plan of Management. Further, the Crown Land Management
Regulation 2018 later allowed for leases to be entered into for 21 years
with not-for-profit organisations prior to the adoption of a Plan ofManagement, with Minister’s Consent.
• The Lease was issued to the Minister for consent to enter onto the leasein mid-2021, and there is no requirement for either a public tender or
notification of the Lease for public comment.
• Upon adoption of the Crown Land Plan of Management, Crown Lands
have advised the Minister will not be considering the lease and the
proposal should be dealt with under the Act, and public notification of thelease should occur.
• The Club has been occupying the premises on a 12 month licence,
renewed annually. Given that the initial term proposed was 21 years, andthey have occupied the premises for three years to date, CN is proposing
providing an 18 year term.

18

The Cottage• The Shepherds Hill Cottage forms part of the Newcastle Recreation
Reserve and Shepherds Hill Defence Group Military Installations places

Ordinary Council Meeting Tuesday, 23 April 2024

Page 81

listed on the NSW Heritage Register. It is subject to a Conservation
Management Plan (CMP) which guides the management of its heritage
significance and informs future decisions on site, including its potential
adaptive re-uses. The Cottage is on Crown Land and subject to an adopted
Plan of Management.
• The Cottage was extensively damaged during severe storms in 2015 andwas subsequently restored in 2020-2021 with original features, layout and1920s detailing.
• A tender for the lease and operation of the Cottage occurred in mid-2020,
with only 2 of the 3 submissions permissible and both deemed unsuitable.
Both relied on pre-packaged and re-heated food options. A lack ofcommercial kitchen facilities was considered to have significantly limited
the Cottage's operational appeal.
• In 2023, CN appointed heritage consultants to engage with Heritage NSW
to facilitate the approval process for the adaptive re-use of the Cottage toa food and drink premises.
• While the CMP allows for a low-key café/kiosk option, careful design has
achieved Heritage NSW approval for use as a café/restaurant and event
space. The design uses and extends the existing outbuildings and adopts
a 'sympathetic' material/finishes palate to meet Heritage NSW's
requirements.
• A commercial kitchen designer was engaged to design a functional andflexible café and commercial kitchen for future operators.
• CN will be seeking development consent to undertake building works prior
to a future tenant occupying the property and has engaged a town plannerto complete the Development Application process.
• CN is seeking development consent for proposed capital works, including
a new commercial kitchen, freezer/cool room, grease arrestor, signage,
and an accessibility ramp to the main entry on the Cottage's northern side.
• CN intends to engage a local real estate agency to manage a targetedleasing campaign for the Cottage to ensure a suitable commercial returnis achieved for CN.
• Due to the land classification, CN was required to publicly exhibit the leasefor 28 days.
OPTIONS
Option 1
19

The recommendation as at Paragraph 1-2. This is the recommended option.

Option 2
20

Council does not approve the applications for Minister's consent. This is not
the recommended option.

Ordinary Council Meeting Tuesday, 23 April 2024

REFERENCESATTACHMENTS
Nil.

Page 82

Ordinary Council Meeting Tuesday, 23 April 2024

Page 83

8.10. AFFIXING COUNCIL SEAL TO DEEDS OF INDEMNITY FOR NEWCASTLE
AIRPORT COMPANIESREPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES & CHIEF
FINANCIAL OFFICER / EXECUTIVE MANAGER LEGAL &GOVERNANCEPURPOSETo enter into and affix Council's seal to Deeds of Indemnity (Deeds) for recent
Directors of Newcastle Airport Pty Limited (NAPL) and Greater Newcastle
Aerotropolis Pty Ltd (GNAPL) as listed in the report.
To obtain a standing resolution of Council to enter into and affix Council's seal toany future Deeds between Newcastle City Council, Port Stephens Council andofficers of Newcastle Airport Pty Limited and Greater Newcastle Aerotropolis Pty Ltd
on the grounds that they relate to the business of Newcastle City Council.
RECOMMENDATION
That Council:
1

Enter into, and affix Council's seal, to the following:i)Deeds of Indemnity between Newcastle City Council, Port Stephens
Council and the following officers of Newcastle Airport Pty Limited andGreater Newcastle Aerotropolis Pty Ltd:a) Alison Hobbsb) Allana Ryanc) Andrew McIntyred) Lee de Wintone) Mark Youngf) Neil Hartg) Robert Sharph) Tim Crosdale,on the grounds that the Deeds of Indemnity relate to the business of Newcastle City
Council.
2Enter into and affix Council's seal to any future Deeds of Indemnity between
Newcastle City Council, Port Stephens Council and officers of Newcastle
Airport Pty Limited and Greater Newcastle Aerotropolis Pty Ltd on the
grounds that they relate to the business of Newcastle City Council.

KEY ISSUES
3City of Newcastle (CN) and Port Stephens Council (PSC) jointly own
Newcastle Airport.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 84

4

A deed of indemnity is an agreement between the company and an officer
which gives the officer the benefit of an indemnity, officers insurance, andaccess to documents and the insurance policy during and after the period theyhold the position of officer.

5

CN is required to enter into and affix Council's seal to the Deeds. This function
cannot be delegated to the CEO and is exercised in accordance with section
400(4) of the Local Government (General) Regulation 2021 (NSW) (theRegulations).

6

To eliminate the need for a resolution of Council each time a new officer isappointed to NAPL and GNAPL, this report recommends a standing resolution
to affix the Council seal to any future Deeds Indemnity between Newcastle City
Council, Port Stephens Council and officers of NAPL and GNAPL. This is
acceptable under the Local Government Act.

FINANCIAL IMPACT
7

There is no financial cost associated with CN's execution of the Deeds. In theevent that a legal claim was ever made against an officer in their capacity as
Director of NAPL or GNAPL, it is expected that NAPL or GNAPL’s (as the casemay be) Directors and Officers Indemnity Insurance Policy would fully cover
the financial costs of the claim as per its terms and conditions.

NEWCASTLE 2040 ALIGNMENT
8

Affixing Council Seal to the Deeds is consistent with the strategic directions of
the Newcastle 2040 Community Strategic Plan.
Liveable
1.2 Connected and fair communities
Creative
3.1 Vibrant and creative city
3.2 Opportunities in jobs, learning and innovation
3.4 City-shaping partnerships
Achieving Together
4.2 Trust and transparency
4.3 Collaborative and innovative approach

IMPLEMENTATION PLAN/IMPLICATIONS
9

The executed Deeds will be provided to the other parties.

RISK ASSESSMENT AND MITIGATION
10

A deed of indemnity is a common practice as it limits any potential risk that CN
may be exposed to. Delays in executing the Deeds, including affixing theCouncil seal, exposes CN to potential litigation and financial costs.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 85

RELATED PREVIOUS DECISIONS
11

At the Ordinary Council meeting held on 10 December 2019, Council resolved
to enter into and affix Council's seal to the Deeds for Samantha MartinWilliams, Director of GNAPL and NAPL.

12

At the Ordinary Council meeting held on 23 July 2019, Council resolved toenter into, and affix Council’s seal to Deeds for newly appointed Directors of
NAPL and GNAPL.

CONSULTATION13

Not required.

BACKGROUND
14

On 27 February 2024, the Newcastle Airport provided CN with Deeds that had
been signed under seal by PSC and require CN seal.

OPTIONS
Option 1
15

The recommendation as at Paragraph 1 and 2. This is the recommended
option.

Option 2
16

Council does not adopt the recommendation as at Paragraph 1 and 2. This is
not the recommended option because it exposes CN to litigation andassociated costs.

REFERENCESATTACHMENTS
Nil.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 86

8.11. EXECUTIVE MONTHLY PERFORMANCE REPORTREPORT BY:
CONTACT:

CORPORATE SERVICESEXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICER / EXECUTIVE MANAGER,FINANCE PROPERTY & PERFORMANCE AND DEPUTY
CFO

PURPOSETo report on City of Newcastle’s (CN) monthly performance. This includes:a)Monthly financial position and year to date (YTD) performance against the2023-2024 Operational Plan as at the end of March 2024.

b)

Investment of temporary surplus funds under section 625 of the Local
Government Act 1993 (Act), submission of report in accordance with the Act
and clause 212 of the Local Government (General) Regulation 2005
(Regulation).

RECOMMENDATION
That Council:
1

Receives the Executive Monthly Performance Report for March 2024.

KEY ISSUES
2

At the end of March 2024 the consolidated YTD actual operating position is asurplus of $11.9m which represents a positive variance of $4.7m against thebudgeted YTD surplus of $7.2m. This budget variance is due to a combinationof income and expenditure variances which are detailed in Attachment A. The
full revised budget for 2023/24 is a surplus of $7.2m.

3

The net funds generated as at the end of March 2024 is a surplus of $26.8m(after capital revenues, expenditure and loan principal repayments). This is apositive variance to the YTD budgeted position of $16.2m. This is primarily
driven by the positive operating result.

4

CN’s temporary surplus funds are invested consistent with CN’s Investment
Policy, Investment Strategy, the Act and Regulations. Details of all CN funds
invested under section 625 of the Act are provided in the Investment Policy
and Strategy Compliance Report (section 4 of Attachment A).

FINANCIAL IMPACT5

The variance between YTD budget and YTD actual results at the end of
March 2024 is provided in the Executive Monthly Performance Report.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 87

NEWCASTLE 2040 ALIGNMENT
6The Executive Monthly Performance Report is consistent with the strategic
directions of the Newcastle 2040 Community Strategic Plan.
Achieving Together
4.1 Inclusive and integrated planning
4.1.1 Financial sustainability

IMPLEMENTATION PLAN/IMPLICATIONS
7

The distribution of the report and the information contained therein is consistent
with:
i)

CN’s adopted annual financial reporting framework,ii)

CN’s Investment Policy and Strategy, andiii)

Clause 212 of the Regulation and section 625 of the Act.

RISK ASSESSMENT AND MITIGATION
8

No additional risk mitigation has been identified this month.

RELATED PREVIOUS DECISIONS
9

At the Ordinary Council Meeting held on 25 September 2018 Council
adopted to receive an Executive Monthly Performance Report for July to
May no later than one month after the month being reported as part of theannual financial reporting framework.

10

The Investment Policy Compliance Report included in the Executive
Monthly Performance Report includes a specific confirmation in regard tocompliance with Part E of the Investment Policy.

CONSULTATION
11

A monthly workshop is conducted with Councillors to provide detailed
information and a forum to ask questions.

BACKGROUND
12

The presentation of a monthly Executive Performance Report to Council
and a workshop addresses the Council resolution for monthly reporting andexceeds the requirements of the Act.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 88

OPTIONS
Option 1
13

The recommendation as at Paragraph 1. This is the recommended option.

Option 2
14

Council resolves to vary the recommendations in the adoption of the report.
This is not the recommended option.

REFERENCESATTACHMENTS
Attachment A:

Executive Monthly Performance Report March 2024

Attachment A distributed under separate coverOrdinary Council Meeting Tuesday, 23 April 2024

Page 89

8.12. TENDER REPORT - FORESHORE PARK AMENITIES BUILDING - CONTRACT
NO. 2024/043T
REPORT BY:
CONTACT:CITY INFRASTRUCTURE
EXECUTIVE DIRECTOR CITY INFRASTRUCTURE / EXECUTIVE
MANAGER PROJECT MANAGEMENT OFFICEPURPOSETo accept a tender for the construction of the Foreshore Park Amenities Building inaccordance with Contract No. 2024/043T.
The tender is for the construction of a new amenities building with a kiosk and accessible
bathroom facility. The building is expected to be a high-quality facility to complement the
future Foreshore Park play space.
Due to the estimated total value of the contract exceeding $1M, the Chief Executive
Officer's delegation requires a resolution of Council to accept the tenders.

REASON FOR CONFIDENTIALITY
The discussion of a confidential attachment takes place in a closed session, with the media
and public excluded. It is contrary to the public interest to discuss tenders in an open
meeting because the information provided to Council by tenderers is provided on the basisthat it will be treated by Council as commercial-in-confidence. In accordance with 10D(2)of the Act, the grounds for closure of part of the meeting must be recorded in the minutesof the meeting.
The confidential attachments have been classified confidential in accordance with theprovisions of the Local Government Act 1993 (the Act) as follows:-

Section 10A(2)(d) of the Act provides that Council can close a meeting to consider
commercial information of a confidential nature that would, if disclosed, prejudice
the commercial position of the person who supplied it.

-

Section 10B(1)(a) and (b) of the Act provides that the discussion of the item in aclosed meeting must only:(a)include as much of the discussion as is necessary to preserve the relevant
confidentiality, privilege, or security; and(b)occur if the Council is satisfied that discussion of the matter in an open
meeting would, on balance, be contrary to the public interest.

RECOMMENDATION
1At Attachment A.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 90

KEY ISSUES
Tender2
The tender is for the construction of the Foreshore Park Amenities Building, with akiosk and accessible bathroom facility.
Contract Term
3
The term of the contract is 8 months, with a defect liability period of 12 months.
Advertising of Tenders
4
The tender was advertised nationally on the TenderLink website on 12 January 2024.
Tenders Received
5
Tenders closed at 2pm on Tuesday 20 February 2024. Tender submissions werereceived from:i)

Skelcon Pty Ltd; andii)

Precise Build Pty Ltd.

Evaluation Process
6
The tenders were assessed against the following criteria:i)Tender Price

40%

ii)

Methodology

15%

iii)

Program

15%

iv)

Management and Staff (incl. Experience)

15%

v)

Work Health and Safety

10%

vi)

Supplier Diversity

5%

7

The tenders were assessed by a Tender Assessment Panel consisting of thefollowing City of Newcastle (CN) officers - one Project Manager and one Senior
Project Manager and the Recreation Projects Coordinator. The panel was selectedbased on experience and knowledge of the project.

8

Probity oversight was provided by CN's Contracts Officer, who was present during
all panel meetings in accordance with CN's Procurement Policy.

Recommended Tenderer
9
The recommended tenderer presented a sound methodology, which was supportedby their detailed construction program and relevant project experience. They wereable to demonstrate a clear understanding of the project specification and their ability
to complete the works to a high level of quality and safety. They are a locally based
construction company with local offices and have been assessed as capable ofundertaking the contracted works to the expected standard.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 91

FINANCIAL IMPACT10

The total estimated cost of this project, including the proposed contract amount,allowances for project management, contingency and other associated project costs
is $3.88M (ex GST).

11This estimated cost is within the amount included in the 2023/24 adopted budget forthis project. CN received $233,000 through Round 7 of the Newcastle Port
Community Contribution Fund for the project.

12

Once built the kiosk space will be commercially leased via a competitive tender
process.

IMPLICATIONSPolicy Implications
13 The proposed project aligns with the Newcastle 2040 Community Strategic Plan as
follows:
Liveable
1.1 Enriched neighbourhoods and places
1.1.1 Great spaces
1.1.2 Well-designed places
1.2 Connected and fair communities
1.2.1 Inclusive communities
1.2.2 Healthy communities
Environmental Implications
14 The recommended tenderer has an Environmental Management System which is
certified to Australian Standards.
Ecologically Sustainable Development (ESD)
15 The recommended tenderer has not been prosecuted for environmental offences,
nor is it involved in any of the prescribed activities such as uranium mining, woodchipping, nuclear energy or timber harvesting.
IMPLEMENTATION
16

Works are scheduled to commence in May 2024, with an estimated completion in
March 2025.

17

The delivery of this project will be managed by CN's Project Management Office.

CONSULTATION/COMMUNICATION
18

Extensive community consultation took place during development of the Foreshore
Park Masterplan. Phase two of the Masterplan consultation concentrated on
obtaining feedback regarding preliminary concept designs. Workshops were
undertaken with internal and external stakeholders including Wharf Road precinct
stakeholders, and the Port of Newcastle.

Ordinary Council Meeting Tuesday, 23 April 2024

19

Page 92

Communication to date has been in the form of a resident letter box drop, on-site
signage, social media posts, dedicated website page updates and media releases.

BACKGROUND
20

The Newcastle Harbour Foreshore Masterplan was unanimously adopted by Council
on 13 December 2022.

21

The calling of tenders was in accordance with the requirements of section 55 of theAct. The process followed was in accordance with Part 7 of the Regulation. Council
is required to accept tenders in accordance with clause 178 of the Regulation (seeOptions).

OPTIONS
Option 1
22 The recommendation as at Attachment A. This is the recommended option.
Option 2
23 Council defers a decision at this time to allow further consideration of the tenders
received. This is not the recommended option.
Option 3
24 Council resolves not to accept any tender and invite fresh tenders. This is not therecommended option.
Option 4
25 Council resolves not to accept any tender and enter into negotiations with any party
with a view to entering into a contract. Council must state a reason for this in its
resolution. This is not the recommended option.
Option 5
26 Council resolves not to accept any tender and not proceed with the contract.
Council must state a reason for this in its resolution. This is not the recommended
option.

ATTACHMENTS
Attachment A:
Attachment B:

Confidential Recommendation
Tender Evaluation Matrix - Summary (CONFIDENTIAL)

Refer Confidential Ordinary Council Meeting Agenda 23 April 2024 for Attachments
A and B

Ordinary Council Meeting Tuesday, 23 April 2024

Page 93

9. NOTICES OF MOTION
9.1. CREATING A COMMUNITY GARDEN IN BERESFIELDCOUNCILLORS:N NELMES, E ADAMCZYK, D CLAUSEN, C DUNCAN, D
RICHARDSON, P WINNEY-BAARTZ AND M WOODPURPOSEThe following Notice of Motion was received on Tuesday 2 April 2024 from theabovementioned Councillors.
MOTION
That City of Newcastle:
1

Notes that historically, the Beresfield and Tarro communities have not seen
the benefits of the growth in our city, and associated infrastructure spending.

2

Notes that since 2017, City of Newcastle (CN) has been working to rectify
these historical inequities, and as a result the Beresfield and Tarro
communities have benefited from significant investment by CN to revitalise thecommunity and ensure that Beresfield and Tarro residents and ratepayers are
not disadvantaged due to geographical location.

3

Notes that more than $18 million of investment has included:
a)

b)
c)
d)
e)
f)
g)

h)

i)
j)
k)

Continued investment in Beresfield Children’s Centre - the only CN
owned and operated long daycare centre, resulting in an improvement ineducational program and practice standards from meeting to exceeding,as assessed by the Australian Children’s Education and Care Quality
Authority,
Beresfield Local Centre upgrade,
Road resurfacing throughout Beresfield and Tarro and including at
Lawson Street Avenue and Beresfield Pool carpark
New playground and shade structure at Beresfield Pool,
Playground replacement at McCauley Park,
Drainage upgrades at Lindsay Memorial Oval,
Renegotiating with the operator of Beresfield golf course to ensure thatthe golf course remains a functional community asset, with expanded
recreational facilities including disc golf,
Continuing to provide low entry fees at Beresfield pool, recognising that
Beresfield residents and ratepayers do not have ready access to beaches
and ocean baths like other suburbs in the LGA,
New tree plantings throughout Beresfield and Tarro,
Upgrade the playground at Vera Wilson Park,
New footpaths throughout Beresfield and Tarro.

Ordinary Council Meeting Tuesday, 23 April 2024

45Page 94

Notes that the Beresfield community continues to experience higher levels ofsocioeconomic disadvantage in comparison to other suburbs in the LGA, andfurther investment to address this is in line with our local social strategy,
adopted by CN in 2023.
Notes that CN’s Community Strategic Plan aims to create a liveable,
sustainable, inclusive city and community gardens are a great way to meet allof these aims.

6

Investigates suitable locations for a community garden in Beresfield, in
consultation with the Beresfield community.

7

Works with the Beresfield community to establish a community garden, in
accordance with CN’s community garden policy.

ATTACHMENTS
Nil

Ordinary Council Meeting Tuesday, 23 April 2024

Page 95

9.2. NEWCASTLE CITY COUNCIL SUPPORT THE 25TH ANNIVERSARY OF THE
STATE FINALS OF THE SCIENCE AND ENGINEERING CHALLENGE HELDAT THE UNIVERSITY OF NEWCASTLE IN 2015
COUNCILLOR:

K WARKPURPOSEThe following Notice of Motion was received on Friday 15 March 2024 from theabovementioned Councillor.
MOTION
That City of Newcastle
1

Monetary support the 25th Year of the State Finals of the Science andEngineering Challenge that will be held at the University of Newcastle on 24th
October 2025.

BACKGROUNDThe Science and Engineering Challenge (SEC) is an outreach program aimed atchanging students’ perceptions of science and engineering. Founded in 2000 at The
University of Newcastle, the program has since engaged with more than 400,000
students across Australia. Our activities are based on real- world problems, fostering
teamwork while building the problem solving and critical thinking skills required tocreate a solution. The SEC aims to inspire students to consider future studies inscience, technology, engineering, and mathematics (STEM) disciplines that will
prepare them for a career in line with the global STEM workforce needs of the future.
THE NATIONAL SCIENCE AND ENGINEERING CHALLENGE COUNCIL(NSECC)The National Council was set up by an agreement signed by the Department of
Education, Science and Technology in 2005 and The University of Newcastle tooversee the Science and Engineering Challenge’s operations around Australia. The
Council sets the strategic direction and objectives for the SEC. The first meeting of
NSECC took place in August 2004 and was chaired by Tim Besley. The Council
meets twice a year, with the first meeting held in February/March, and the secondin September/October.
The Council has approved a number of policies and guidelines such as:
•
•
•
•
•

The establishment of new regional committees
The training system used to prepare personnel for SEC duties
Use of the Science and Engineering Challenge logo
The conduct of State and National Finals
Fundamental principles under which the SEC operates

Ordinary Council Meeting Tuesday, 23 April 2024

Page 96

At each meeting a report is supplied by the Director detailing the program’s
progress.
The Council has eleven positions for representatives from the different stakeholders.
Regional chairs are appointed for a term of three years and are selected on arotational basis between Challenge areas.
The positions and current representatives on the National Council are:
1
2
3
4
5
6

Chair
Director, SEC
PVC, College of Engineering, Science and Environment
Events Manager, SEC
3 x SEC Committee representatives*
Team Leader, SMART

The Lions Club has been a very active supporter of this challenge at the UON as
well as local Science and Engineering Companies.

ATTACHMENTS
Nil

Ordinary Council Meeting Tuesday, 23 April 2024

Page 979.2.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - NEWCASTLE CITY
COUNCIL SUPPORT THE 25TH ANNIVERSARY OF THE STATE FINALSOF THE SCIENCE AND ENGINEERING CHALLENGE HELD AT THE
UNIVERSITY OF NEWCASTLE IN 2025
REPORT BY:

CREATIVE & COMMUNITY SERVICESCONTACT:EXECUTIVESERVICES

DIRECTORCREATIVE&

COMMUNITYEXECUTIVE DIRECTOR COMMENTThe Science and Engineering Challenge (SEC) is a nationwide STEM outreachprogram presented by the University of Newcastle in partnership with communities,
Rotary clubs, universities and sponsors. The event allows NSW high school
students in Years 9 and 10 the chance to experience how science and engineering
can help to solve real-world problems in a fun, competitive setting. Teams ofstudents from different schools compete against each other in a series of eightchallenges.
The SEC website lists a $100,000 grant from the Office of the NSW Chief Scientist& Engineer which secured it rights as the Principal Sponsor.
The SEC website also lists the following sponsors:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Rotary Australia
ARTC
GoogleOffice of the Chief Scientist and Engineer
YanCoal
Lockhead Martin
Regional Development Australia
BoeingDefence Force Recruiting
BHP Billiton
Commonwealth Bank
Engineers Australia
Laing O'Rourke
Newcastle Coal Infrastructure Group
Australian Gas Infrastructure GroupPort of Newcastle
Port Waratah Coal Services
Atlassian Foundation
Victorian State Government
Tyree Foundation

Ordinary Council Meeting Tuesday, 23 April 2024

Page 98

Section 4.5.9 of City of Newcastle's Sponsorship Guidelines state that CN
employees or Councillors are not eligible to directly apply for Sponsorship. If an
employee of CN or Councillor is a party to an application submission this must be
declared, and the employee or Councillor is unable to take part in the assessment
process of the Sponsorship program. It is arguable that a Council resolution tosponsor an event is a breach of this Policy.
RECOMMENDATION
That Council:
1.

Notes that sponsorship and grant applications are managed through atransparent process in accordance with the grants and sponsorship policies
available via the City of Newcastle website.

2.

Reiterates that CN's commitment to good governance and public confidence
in the expenditure of ratepayer monies requires that all sponsorship requests
be managed through City of Newcastle's sponsorship policy adopted by thecurrent Council in 2022.

3.

Notes that section 4.5.9 of City of Newcastle's Sponsorship Guidelines statethat CN employees or Councillors are not eligible to directly apply forSponsorship.

4.

Write to the organisers of the Science and Engineering Challenge to confirm
if they are seeking a sponsorship from the City of Newcastle, and to direct
them to the Sponsorship Guidelines, adopted by the current Council in 2023
for further information.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 999.3. UPDATE LORD MAYOR AND CHIEF EXECUTIVE OFFICER DIARIESCOUNCILLOR:

K WARKPURPOSEThe following Notice of Motion was received on Friday 15 March 2024 from theabovementioned Councillor.
MOTION
That City of Newcastle
1

Asks the Lord Mayor to update her open diary noting that her last entry was
the 29th September 2023.

2

Asks that the CEO and other Executives of the Newcastle City Council to makesure all their diary entries are up to date.

3

I am aware of the Lord Mayors previous commitments to make her diaries
public in a timely manner to assure transparency regarding any current local
issues.

BACKGROUND
The Lord Mayor has previously spoken about transparency and having the open
diary for community members to view for Lord Mayor, CEO and Executives to beavailable for public viewing.

ATTACHMENTS
Nil

Ordinary Council Meeting Tuesday, 23 April 2024

Page 100

9.3.1. REPORT ON NOTICE OF MOTION - NOM 23/4/24 - UPDATE LORD
MAYOR AND CEO DIARIESREPORT BY:

CORPORATE SERVICESCONTACT:EXECUTIVE DIRECTOR CORPORATE SERVICES & CFO

EXECUTIVE DIRECTOR COMMENT
As part of our commitment to open and transparent governance, CN publishes asummary of the Lord Mayor, Chief Executive Officer and Executive Directors diaries
on its website. Open diaries are reported on a quarterly basis. This is not a statutory
obligation and CN is unaware of other councils that make a similar commitment.
All open diary obligations are currently up-to-date.
The Lord Mayor's open diary for the December 2023 quarter was completed as
required on 1 February 2024.
Publishing of open diaries on CN's website was impacted in February 2024 as CN
migrated to a new version of its website. A technical issue arose during thismigration which meant that some website pages reverted to old data instead of
current data. The open diaries pages were temporarily impacted as a result of this and remedied as soon as it was identified.
RECOMMENDATION
That Council:
1. Reiterates its commitment to open and transparent governance through the
publishing of summaries of the Lord Mayor, Chief Executive Officer andExecutive Director diaries on its website on a quarterly basis.
2. Notes that all open diary summaries are up-to-date.

Ordinary Council Meeting Tuesday, 23 April 2024

9.4.

Page 101

IMPROVING AMENITY AND SAFETY IN HAMILTON FOR
BUSINESSES/EMPLOYEES, RESIDNENTS AND VISITORS TO HAMILTONRAILWAY STATION/AWABA PARKCOUNCILLORS:J BARRIE AND K WARKPURPOSEThe following Notice of Motion was received Wednesday 10 April 2024 from theabovementioned Councillors.
MOTION
That Council:
1

Coordinate a multiple cross agency meeting to be held before the end of June
2024. Invitees to include Hamilton Business Improvement Association, NSW
Police, NSW Transport, State and Federal homeless sector outreachagencies. To invite representatives from charitable and community
organisations who provide free food in Beaumont Street, James St Plaza, andAwaba Park locations. To invite crises accommodation providers, St Vincent
de Paul Society’s Matthew Talbot Centre, Newcastle Affordable Housing,Nova for Women and Jenny’s Place.

2

Notes a more collaborative approach is urgently required to manage themultitude of issues that occur after hours and on weekends. Many homelesspeople travel on trains to be provided with food in Awaba Park located next toHamilton Railway Station. To continue with ongoing discussions since the lastinteragency meeting held in 2022 and work together to develop a homelessafter-hours assistance management strategy; due to the escalation of thenumber of homeless people sleeping rough in Hamilton, and throughout otherareas of City of Newcastle.

3

Notes there are homeless people sleeping rough in the Hamilton business
district on concrete pavements, and in doorways of businesses who operate in
Beaumont Street north and adjacent to the Awaba Park Hamilton Railway
precinct.

4

Writes to Minister for Housing and Homelessness for information and seek
available funding to assist homeless people with some who require mental
health / alcohol/drugs sector support and to source additional urgent crises
accommodation.

5

Continues to meet with community organisations to maintain the cleanlinessof Awaba Park and improve the condition of the unsightly food and donation
cupboards.

6

Investigates the cost a Community Notice Board/Signage in Awaba Park toprevent illegal dumping from donations that are not suitable to be left in thislocation due to inclement weather and do not meet best practice high quality
food standards.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 102

7

Write to the State Member for Newcastle asking that he publicly advocate forincreased police numbers in the Newcastle electorate, to ensure there aresufficient resources to manage anti-social behaviour, and to combat anincrease in criminal activity across Newcastle and particularly in parts ofHamilton.

8

Write to the NSW Minister for Police to request more police in the stateelectorate of Newcastle, with a view to enabling improved police response
times.

9Work with NSW Police, and Transport for NSW to investigate and install
additional CCTV cameras that are facing onto Awaba Park to ensure theongoing safety of all people who visit Awaba Park (Hamilton Station).

BACKGROUND
Notes ongoing anti-social behaviour adjacent to Awaba Park led to a police arrestof a rough sleeper in March 2024. This incident in the doorway of the café locatedat 1 Beaumont Street, Hamilton directly impacting loss of business turnover in thevicinity and created a very unsafe workplace environment for the employees who
were concerned for their own safety as a direct result from anti-social behaviour ofa person sleeping in the doorway of the café preventing access to begin trade to ayoung employee on a Saturday morning.
Notes a public launch of the NSW Department of Communities and Justice funded
mural, management of graffiti and improve lighting project with UP&UP, andindividual artists was held in December 2023. A successfully implemented muralproject with brightly coloured paintings on walls of Beaumont Street business;
Hamilton Station/NSW Transport fencing and housing properties facing into Awaba
Park. (REFER PHOTOS)
Hamilton Business Improvement Association / NSW Police – March 2024email report:
Effective Interaction: police have demonstrated excellent interaction with the local
business community, utilising their time in the precinct efficiently. Community
Education: police have been proactive in educating business owners andcommunity members on the best practices for reporting crime, with positive
feedback. Positive Perception of Police Presence: There have been numerous
positive comments regarding the police presence in the area. Notably, theclarification that police can issue "move on orders" only in cases where no actual
crimes have been committed has been particularly helpful. Decrease inComplaints: The Hamilton BIA still hear about crime and the desire for increased
police presence, there has been a noticeable reduction in these complaints. This
indicates an overall improvement in the situation. Direct Contact: The direct contact
between businesses and the police has proven to be the most valuable tool inconnecting the two parties. This direct line of communication has facilitated prompt
responses to concerns and issues.

Ordinary Council Meeting Tuesday, 23 April 2024

Page 103

ATTACHMENTS
Attachment A:
Attachment B:

Notice of Motion 13 December 2022
Awaba Park Murals & existing
cupboards

donationOrdinary Council Meeting Tuesday, 23 April 2024

Page 104

Attachment A
ITEM-43
NOM 13/12/22 – IMPROVING THE SAFETY AND AMENITY OF
AWABA PARK (HAMILTON STATION PARK), HAMILTONCOUNCILLORS:J BARRIE, C DUNCAN AND C MCCABEPURPOSEThe following Notice of Motion was received on Monday 5 December 2022 from theabovementioned Councillors.
MOTION
That City of Newcastle:
1

Notes that local businesses and residents using the Hamilton Railway Stationand the adjacent Awaba Park and surrounds have contacted Ward 2
Councillors concerned about a recent escalation of alleged anti-social andcriminal behaviour in the area.

2

Expedites the Hamilton Business Precinct project to fast track the focused preplanning and public domain project for improving Awaba Park, ensuring theuse of the Crime Prevention Through Environmental Design (CPTED)
principles to improve the amenity and safety for residents, visitors, railway
passengers, NSW Police, Transport for NSW staff and businesses and theirstaff and volunteers in the Hamilton Railway Station and Awaba Park area.

3

Requests from the Newcastle LAC the re-establishment of the ‘Business Beat’program in which local NSW Police engage on a regular basis with Hamilton
businesses.

4

Investigate an increase in cleaning, maintenance and observation of Awaba
Park and surrounds.

5

Writes to the Minister for Transport, the Hon. David Elliott MP, State Member
for Newcastle, Tim Crakanthorp MP, and the Newcastle Local Area Commandof the NSW Police, calling for:a.

A further increase in active Police patrols of Hamilton Railway
Station, Awaba Park and the surrounding area,b.

Investigation of the feasibility of provision of, additional CCTV
cameras and resources by the NSW Government, throughTransport for NSW, to monitor the alleged and perceived increasein criminal behaviour at Hamilton Train Station, the adjacent Awaba
Park, and surrounds.

Ordinary Council Meeting Tuesday, 23 April 2024

6

Page 105

Writes to the Minister for Mental Health, Regional Health and Woman, Hon.
Bronnie Taylor, MLC, calling for:a.

Resources for expanded Mental Health / Alcohol Other Drugs(AOD) outreach services within the city or a dedicated funded
program facilitated by the local health district or NGO Alcohol Other
Drugs Sector which works specifically to support frequent andtransient visitors to Hamilton Station Park and surrounds who
experience the impact of complex mental health and AOD.

BACKGROUND
The most recent Hamilton Train Station Park Initiative – Cross Agency Meeting washeld on 30 November with representatives from Hamilton BIA, Newcastle City
Police, the Newcastle Assertive Outreach Team, NSW Communities and Justice,Transport for NSW, Hamilton Railway Station, City of Newcastle, Tim Crakanthorp
MP staff and all Ward 2 Councillors.
Prior to the November meeting, the minutes of the last Cross Agency meeting ofJune 2021 indicated that Newcastle Police will continue to conduct high visibility
patrols to reduce crime and anti-social behavior.
Despite this, residents and businesses in the local area have advised that there has
been a marked increase in anti-social behavior, continual illegal dumping, and araised sense of unease from visitors and passengers who use the railway station,
due to alleged and perceived increases in criminal behavior.
It was noted during the 30 November 2022 Cross Agency meeting hosted by City of
Newcastle that the DCJ Assertive Outreach Team mentioned that they had also
seen a significant increase in, and change of behaviour, people frequenting thearea, i.e., fewer actual homeless people but an increase in drug use and other antisocial behaviour.
Local businesses, through Hamilton BIA, have raised concerns about theunsightliness of the area, and the impact this is having on the business precinct ofBeaumont Street and Hamilton Town Centre.
Local businesses and residents have reported an increase in people who travel on
the trains from other areas and who are rough sleeping at Hamilton Railway Station
and Awaba Park.
Transport for NSW staff have advised that they have been abused by people whoare presenting with mental health issues.
While Transport for NSW and the NSW Police are responsible for the safety andprevention of crime at Hamilton Train Station and Awaba Park, City of Newcastle
has begun a Community & Stakeholder Engagement process regarding the redesign of Awaba Park, which will run from 30 November 2022, until June 2023, with
community planning and design scheduled for the 2023-2024 financial year andimplementation of the community development plan in 2025. There exists anopportunity to expedite this process, given the serious nature of an increase inalleged criminal and anti-social behavior, while noting that place making activities
cannot be implemented until the area is safe.

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Other important matters to note regarding Awaba Park and surrounds:
•

•

•

•

At the November Cross Agency meeting it was reported and discussed thata request be made to City of Newcastle's City Presentation team that moreregular clean-ups of the Railway Park area are required due to the amountof rubbish left at the site, for their attention as it is more heavier duty workthan regular street cleaning.
Hamilton BIA is to be commended for their proactive approach in addressing
matters in the area, with local property owners in the vicinity of the park to becontacted by Hamilton BIA’s Board to assist with the development ofcommunication strategies to educate businesses and their staff to report all
criminal activity to the Newcastle Police and in return this assists withincreased surveillance of the area due to ongoing graffiti attacks on private
property, anti-social behaviour.
While NSW Police have advised that they have increased patrols in the area,
local businesses and residents perceive that patrols could still be conductedwith more frequency, as a measure to decrease alleged criminal and antisocial behaviour.
An opportunity exists to increase the frequency of Cross Agency Meetings tobetter coordinate the response to address these matters.

ATTACHMENTS
Attachment A:

4 December 2022 - Newcastle police investigating after
Beaumont Street attack with bottle

Attachment B:

20 May 2021 - Food Not Bombs Newcastle offers fresh hot meals
on Wednesday nights served to anyone

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Attachment B

Page 107

Ordinary Council Meeting Tuesday, 23 April 2024

Page 1089.4.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - IMPROVING AMENITY
AND SAFETY IN HAMILTON FOR BUSINESSES/EMPLOYEES, RESIDENTS
AND VISITORS TO HAMILTON RAILWAY STATION/AWABA PARKREPORT BY:

CREATIVE & COMMUNITY SERVICESCONTACT:EXECUTIVE DIRECTOR CREATIVE & COMMUNITY SERVICESEXECUTIVE DIRECTOR COMMENTCity of Newcastle (CN) has collaborated in hosting cross-agency meetings regarding
antisocial matters and homelessness around Awaba Park and Hamilton Station,
engaging with NSW Police, Transport for NSW, NSW Health, NSW Department ofCommunities and Justice, Hamilton Business Improvement Association, social service
providers, Ward Two Councillors and a representative of the State Member for
Newcastle.
In August 2023, CN corresponded with the NSW Minister for Health, NSW Minister for
Mental Health, NSW Minister for Transport, Newcastle City Police District
Superintendent Kylie Endemi APM, and the Member for Newcastle requesting
additional resources and assistance to address the prevalence of antisocial behaviours
in the vicinity of Awaba Park and to seek further resources related to supporting people
with Alcohol and Other Drugs (AOD) and Mental Health needs, including additional
provision of CCTV resources for the location.
In 2023, CN secured a Justice Graffiti Management Grant for $85,000 to support a$150,000 project to improve the amenity of the park through improved lighting, murals
and graffiti management. CN collaborated with adjoining asset owners and otherpartners to complete the artwork installation and held a community celebration in
December 2023 to acknowledge the work of the artists and contribution of thecommunity in the design process.
In 2023 CN also produced Help on Hands Hamilton as a resource to help community
members identify accessible support services close to Hamilton Station Park and refer
those in need. This information resource is deployed locally in Hamilton and provided
to local service providers who connect routinely with park users.
CN has increased ground maintenance, cleaning, and rubbish removal in the area andremoved infrastructure to enable clearer sight lines into the park. Consultation has alsocommenced with regular users of Awaba Park regarding more informational signage
at the site, such as a community noticeboard.
CN has engaged with Reach Homeless, Food Not Bombs, Newcastle Assertive
Outreach Team and others to better understand the nature of support needed in thearea to help reduce the likelihood of antisocial behaviours and enhance safety with

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recent engagement extending from the collaborative work that was undertaken todeliver the public art project aimed at reducing graffiti and enlivening the space.
CN supports relational and collaborative work with various service providers in the parkand community members who visit the park routinely including discussions with Food
Not Bombs. Recent discussions with Food Not Bombs has considered options toredesign the pantry to ensure it is weather resistant and to provide signage that
communicates standards for the pantry and a facility for use by multiple support groups
and park users. Discussions have been positive to date.
CN notes that antisocial behaviours around this area are not exclusively attributable tohomelessness, and that there are links to issues of addiction, criminal behaviour,
complex mental health, and other factors. As a result of this complexity, it is paramountthat additional resources from relevant NSW Government agencies are appropriately
allocated to address these matters.
CN believes health-focused actions will complement the collaboratively delivered crimeand safety initiatives and enable a holistic response to ensure a safe environment inthis crucial public transit space. CN strongly encourages the NSW Government toprovide these community-based health services, as identified as a strategic deliverable
in the NSW Health Future Health 2022-2032 Plan.
Housing supply and support for homelessness is a broader issue with low levels of
housing supply, especially stock on the rental market, social and community housing
and short-term accommodation, all impacting options for people to have safe andappropriately supported housing.
CN calls upon the NSW Government to hasten the provision of social housing stock,noting that CN is forgoing $6 million in rates over three years to assist Homes NSW todeliver improved supply as a result of an agreement signed in 2021.
Recent feedback from the Department of Communities and Justice's Assertive
Outreach Team, who work in collaboration with Matthew Talbot Homeless Services,
indicates that this location is being utilised by people who have access to housing in
the local area, arrive at the site due to the proximity to the train line, or who socialisein this space as a location where they connect, access free food and feel a level ofbelonging.
Assertive Outreach also indicates that they continue to see people from this location
take up temporary accommodation and receive support to access housing; however,where people with complex mental health and AOD issues are concerned, there
remains a need for additional outreach services to address these health concerns.
Incidents of crime continue to be an issue for adjacent residents, businesses, andthroughout the Beaumont Street precinct however these issues are a matter for the
NSW Police. In response to these concerns, CN has advised residents and businesses
that Newcastle Police will continue to allocate resources based on reported incidents

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Page 110and concerns. CN is not in a position to deliver an immediate response to public safety,
as that is a core responsibility of NSW Police.
A cross-agency and stakeholder meeting is planned to be held to continue thediscussion about the work of various agencies to enhance the amenity and safety inthis area, and the provision of services to support community members and address
the crime and social issues being experienced. The meeting will require stakeholder
attendance that represents the breadth and diversity of service provision, which
addresses the complexities of issues at the site.
The meeting has not yet been called as it is CN's intention to first secure agreementfrom Park stakeholders that the pantry be rebuilt in a manner that is aestheticallypleasing, provides shelter from the elements and includes signage informing people ofwhat is acceptable and suitable products to donate. It is hoped that this meeting canoccur in June this year.

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9.5. FOSSIL FUEL NON-PROLIFERATION TREATY ENDORSEMENTCOUNCILLORS:C MCCABE AND J MACKENZIEPURPOSEThe following Notice of Motion was received on Thursday 11 April 2024 from theabovementioned Councillors.
MOTION
That Council
1.

Notes that the City of Newcastle declared a climate emergency in 2019,
including a commitment to a just economic transition for coal mining
communities, support for investment in hydrogen as an export energy, andconstruction of large-scale renewables and storage.

2.

Notes the adoption of the City of Newcastle’s Environment Strategy identifies
the importance of preventing and reducing the emission of greenhouse gases.

3.

Recognises that despite fossil fuels being the main driver of climate change, it
took 30 years of international climate negotiations (until the 2023 COP28 in
Dubai) for the agreement to include a call to transition away from fossil fuels

4.

Recognises that addressing emissions reductions and demand without fossil
fuel supply has allowed countries and companies to claim to be climate leaderswhile continuing to open, approve and fund new fossil fuel projects

5.

Notes the Fossil Fuel Non-Proliferation Treaty, launched in 2020, has beenspearheaded by a growing block of Pacific Nations and has the support of 12
countries, the World Health Organisation, the European Parliament, over
600,000 individuals and over 2,000 civil society organisations.

6.

Notes that signatories in Australia to the Treaty include: The Australian Capital
Territory, City of Sydney, City of Yarra, City of Hobart City of Darebin, City of
Maribyrnong, City of Merri-bek, and the City of Maribyrnong.

7.

Endorses the Fossil Fuel Non-Proliferation Treaty.

8.

Further, as part of that endorsement form for cities, calls on the Federal
government to also endorse the Treaty.

BACKGROUND
Australia has committed to the COP 21 Paris Agreement to hold “the increase in the
global average temperature to well below 2°C above pre-industrial levels” andpursue efforts “to limit the temperature increase to 1.5°C above pre-industrial
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Despite this, governments around the world continue to approve new coal, oil andgas projects which threaten to destabilise the success of this agreement.
The Fossil Fuel Non-Proliferation Treaty has three pillars:
Non-Proliferation: end the expansion of coal, oil and gas
A Fair Phase out:
production

an equitable plan for the wind down of existing fossil fuel

A Just Transition: no worker, community or country is left behind

ATTACHMENTS
Attachment A:

The Fossil Fuel Non-Proliferation Treaty Initiative(fossilfueltreaty.org)

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9.6. ESTABLISHING A PERMANENT PATHWAY FOR WORK EXPERIENCECOUNCILLORS:C PULL AND J BARRIEPURPOSEThe following Notice of Motion was received on Thursday 11 April 2024 from theabovementioned Councillors.

MOTION
That City of Newcastle
1

Acknowledges the unique ability that Council has to provide skills, training andopportunities for young people in our community.

2

Notes that Council does not currently offer a permanent, structured work
experience program for students looking to explore employment opportunities
in local government and gain industry experience.

3

Supports establishing a permanent pathway and application process for local
students looking to do work experience at City of Newcastle.

4

Requests that a report be provided to Councillors outlining how this pathway
can best be established.

BACKGROUND
Council holds a unique position as both a major local employer and a level ofgovernment with employees from a diverse range of trades, qualifications andbackgrounds. Students looking to explore a potential career in fields such asengineering, town planning and governance can gain experience here at City of
Newcastle.
Currently CN offers Work Experience opportunities from time to time on an ad hoc
basis. In my time in Council I have been contacted by numerous local parents hopingthat their children may be able to do work experience with the Council.
The passage of the motion would simply mean that Council would establish a formal
application process – this could be a basic web page and a form, which gives local
students a landing page if they are looking to do Work Experience at Council.

ATTACHMENTS
Nil.

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9.6.1. REPORT ON NOTICE OF MOTION - NOM 23/04/24 - ESTABLISHING A
PERMANENT PATHWAY FOR WORK EXPERIENCEREPORT BY:

CORPORATE SERVICESCONTACT:EXECUTIVE DIRECTOR CORPORATE SERVICES AND
CHIEF FINANCIAL OFFICEREXECUTIVE DIRECTOR COMMENTCity of Newcastle (CN) restructured its traditional work experience program for highschool students in 2014 in recognition of the declining number of schools choosing toallow short term work placements. Less than one quarter of schools now allow
students to participate in a traditional work experience program given the NSW
Government’s decision 20 years ago to make work experience a non-compulsory
component of the state education curriculum.
The reduced demand for work experience is predominantly due to the record numberof teenagers entering the workforce through part-time and casual work. Whereas work
experience was once required to ensure that teenagers had some understanding of
the responsibilities of work before seeking fulltime work, the high number of year nine
and ten students who are today casually employed has reduced the interest in nonpaid work experience.
Australian Bureau of Statistics (ABS) data shows that more than 54% of 15 to 18 year
olds now have a job, the highest rate on record.
ABS data also shows that the retention rate to Year 12 has increased to a record rateof 84%, an increase of 5% in the past 9 years. This means that many young people
are entering the full-time workforce later and therefore view work experience in year 9
or 10 as of limited value.
For the above reasons, CN facilitates ad hoc work experience on a limited basis,
depending on the workload of the respective areas and current delivery priorities.
Individual service units make this decision and respond appropriately to individual
requests.
CN continues to provide opportunities for school students through the Junior Lifeguard
Program, as well as outreach and school visits for topics such as pool safety, waste,
and environmental initiatives.
During Youth Week 2023 CN hosted an Open Day event at its Council Administration
Centre. More than seventy year 10 and year 11 high school students from Callaghan
College Waratah and Wallsend Campuses, Cooks Hill, and Newcastle High attended.
A video of the event can be viewed at:https://www.linkedin.com/posts/the-city-of-newcastle-australia_youth-week-2023city-of-newcastle-activity-7064744190433230848-W23Z/

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CN employees engaged via workshops with the students and their teachers to informand enhance their knowledge of the various roles and responsibilities of local
government.
On 6 May this year, CN will again run an Open Day, expanding the program to include
students from years nine and twelve. The City of Newcastle Open Day will informyoung people about the role and purpose of CN, encourage them to access the many
services and opportunities CN offers and empower them to be active citizens in theircity, while building trust between themselves and Council.
CN’s Workforce Development Strategic Plan (2022-26) Attachment A defines andrecognises our aligned approach to delivering our future workforce needs. This
includes programs focused on investing in the growth of a pipeline of young talentsuch as our apprentice, cadetship and graduate initiatives.
CN's Apprentice, Trainee and Undergraduate Graduate (ATUG) Program has been
designed as an alternative to the traditional work experience program, providing apathway for individuals to commence their career, learn new skills and transition topermanent employment with CN. The Program supports a diverse range of people
including targeted roles for Aboriginal and Torres Strait islander people.
The ATUG Program was expanded to include an Intern Program in 2020, providing
opportunity for students to apply their studies in a practical workplace setting.
In 2023, the ATUG Program offered 12 roles, and in 2024 a record 18 roles on offer
to help young people take their first career steps, including four positions have beentargeted towards Aboriginal and Torres Strait Islander people as part of ourcommitment to our Aboriginal Employment Strategy.
Recognising that nationally 47.8% of people aged under 25 are enrolled in a
Bachelor’s degree, CN has also established a Memorandum of Understanding (MoU)
with the University of Newcastle (UON), which enables a 12-week intern program,enabling a more effective learning opportunity for university students along withenhancing our relationship with our community and educational facilities. Anotherrecent example born by the MOU is the CN and UON School of Architecture and Built
Environment (SABE) collaboration to understand and mitigate urban heat island effectin Newcastle's commercial areas This project delivers tangible outcomes for students
and our community through CN’s Local Centre’s Program.
This program benefits the students by providing real world learning opportunities andalso our local employment market by building local urban design capacity through thecollaborative mentorship program.
An example of this ongoing partnership is the two-week elective'Reimagining Mayfield Local Centre' project that occurred in July last year. This
CN/UON collaboration saw students working in groups with CN providing subject
matter expert led workshops to support students in initiating site analysis andpreliminary concept design for the renewal of Mayfield Local Centre.

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In addition, CN collaborates with the UON on supporting its work integrated learning
program for undergraduate students. We currently have 4 students supported in ourMuseum.
The Council recently endorsed an agreement with UON and the Newcastle Art Gallerythat provides University students on-the-job experience through career-readyplacements.
Career-ready placements are designed to provide students with valuable opportunities
for learning and professional development and with a bespoke focus on Gallery
operations. Over the next 4 years the Art Gallery will commit to a minimum of 10(maximum of 13) career ready placements (each for a maximum period of 3 months).
A key component is the opportunity to provide mentorship and support of an
Indigenous Cadetship with a First Nations student employed by the University of
Newcastle.
CN also offers a $5,000 scholarship annually to a second-year student studying a
Bachelor of Communications degree in memory of local businesswoman Meg Purser,
who passed away in 2021.
Fifteen percent of people aged under 25 are today enrolled in TAFE. In response to
the continuing important role of TAFE, CN supports seven scholarships for TAFE
students at a cost of $8,000 through the Lord Mayor's Scholarship Inclusion Program.
The scholarships are provided to support diversity and inclusion with targeted
scholarships in the Arts, Pride, CALD (Cultural and Linguistic Diversity) andIndigenous groups.

RECOMMENDATION
That Council:
1

Notes that City of Newcastle’s Workforce Development Strategic Plan (2022-26)
was unanimously adopted by Council on 28 June 2022, and will be reviewed in
the first year of the next Council term.

2

Notes that the Workforce Development Strategic Plan references initiatives thatgrow the pipeline of young talent such as our apprentice, cadetship, graduate
and intern initiatives.

3

Notes that CN provides numerous initiatives for school aged people including its
Junior Lifeguard Program, outreach and school visits for pool safety, waste, andenvironmental initiatives, the annual Youth Week Open Day, the Apprentice,
Trainee and Undergraduate Graduate (ATUG) Program, separate internprograms at the Newcastle Art Gallery and Newcastle Museum, multiple
scholarships with young people studying at TAFE and the University of
Newcastle, as well as ad hoc work experience, which is considered subject toworkload and delivery priorities.

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4

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Creates a page on the corporate website that documents the many learning
opportunities provided for young people at CN including work experience andhow they can make application.

ATTACHMENT:
Attachment A:

Workforce Development Strategic Plan (2022-26)
https://newcastle.nsw.gov.au/Newcastle/media/Documents/Coun
cil/Our%20Responsibility/Our%20Responsibilities/Annual%20Re
port/Workforce-Development-Strategic-Plan-2022-26_web.pdf

10. CONFIDENTIAL REPORTS
Nil.