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Statutory information
Senior staff remuneration
Senior staff defined by the Local Government Act 1993 is the General Manager and directors (Executives). This remuneration is for the period 1 July 2020 to 30 June 2021.
Senior Staff Salary (cash) Component Vehicle Allowance Super -SGL Bonus Non Cash Benefits Motor Vehicle FBT Total Remuneration $
General Manager Total for Senior Staff
$443,123 $9,934 $21,003 $Nil $Nil $Nil $Nil $474,060
$1,621,318 $58,541 $126,018 $Nil $Nil $Nil $Nil $1,805,877
Statement of activities EEO Management Plan
The Equal Employment Opportunity (EEO), Diversity and Inclusion Plan demonstrates our commitment to support a fair and harmonious work environment for all staff. Diversity is what we represent and what we will continue to strive towards.
We are committed to creating an inclusive and thriving workplace culture that celebrates differences in all its forms. We will ensure employees do not face unnecessary barriers to participating in or realising their potential in employment.
The EEO, Diversity and Inclusion action plans ensure we remove any employment-related disadvantages and barriers and endeavour to support our staff by realising their full potential while working for Council.
This action plan has individual programs to ensure we satisfy our commitment to EEO and Diversity and Inclusion. These include:
• Diversity Action Plan 2019 – 2021 • Multicultural Action Plan 2019 – 2021 • Disability Inclusion Action Plan 2019 - 2021 • Youth and Young Professionals Plan 2019 – 2021 • Mature Age Action Plan 2019 – 2021 • Aboriginal and Torres Strait Islander Action Plan 2019 – 2021
Each plan has a set of goals, actions, lead work areas and timelines for completion.
Significant initiatives and achievements for this period include:
• diversity and inclusion survey to recognise and celebrate internal staff diversity and relevant significant events. • BENE-FIT 360 program and Wellness and Belonging
Policy. • celebrating cultural days and events of significance such as R U OK Day?, mental health month,
NAIDOC week, Reconciliation Week Mardi Gras and
Pride Month. • maintaining relationships with TAFE and
Universities, utilising their recruitment boards to attract young professionals and graduates to apply. • recruiting apprentices, engage trainees and work experience students. • developing a careers video was developed demonstrating our commitment to support staff from various backgrounds and describing real life experiences at Council. • Our People Our Stories, which spotlights our diverse workforce and nurtures belonging through the lived experiences • In celebration of Reconciliation Week, our cultural awareness training shared on LinkedIn attracted 1,123 impressions, a click through rate of 29% and engagement rate of 30%. • professional development training in appreciating diversity in others, cultural awareness, Code of
Conduct, mindfulness and disability awareness.
Overseas visits representing Council
There were no overseas visits representing Council during 2020/21.
External bodies that exercised functions delegated by Council
South Sydney Planning Panel (SSPP)
Planning panels work under the Environmental Planning and Assessment Act 1979 to strengthen decision-making on regionally significant DAs and other planning matters.
The SSPP:
• determines regionally significant DAs, certain other DAs and s4.55(2) and s4.56 modification applications • acts as the Planning Proposal Authority (PPA) when directed • undertakes rezoning reviews • provides advice on other planning and development matters when requested • determines site compatibility certificates under State
Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.
Regionally significant DAs are those based on Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011 – essentially development with a capital investment value (CIV) of more than $30 million, or development with a CIV over $5 million which is:
• council related • lodged by or on behalf of the Crown (State of NSW) • private infrastructure and community facilities • eco-tourist facilities • extractive industries, waste facilities and marinas that are designated development, • certain coastal subdivisions • development with a CIV* between $10 million and $30 million which is referred to the SSPP by the applicant after 120 days. For the purpose of determining whether an application should go to a planning panel, CIV is calculated at when the DA is lodged - refer to Planning Circular PS 10-008.
Rezoning reviews
The SSPP may undertake independent reviews of some Council and Department of Planning, Industry and Environment decisions in the plan-making process. By providing an opportunity for an independent body to give advice on LEPs, the review processes allow Councils and proponents to have decisions about the strategic merits of proposed amendments reconsidered.
A request for a rezoning review can be submitted by a proponent where Council:
• has notified the proponent that the request to prepare a planning proposal is not supported, or • has not indicated its support 90 days after the proponent submitted a request accompanied by the required information, or • has failed to submit a planning proposal for a
Gateway determination within a reasonable time after the council has indicated its support. The review and determination should be in accordance with the Planning Circular PS 18-012 (or as updated).
The SSPP will determine whether the planning proposal should proceed, or not proceed, for a Gateway determination. The SSPP’s decision will be based on the strategic and site-specific merits of a proposal.
Georges River Local Planning Panel (LPP)
Local planning panels (LPPs) were formerly known as Independent Hearing and Assessment Panels or IHAPS. They are panels of independent experts that determine DAs on behalf of Council and provide advice on other planning matters, including planning proposals.
LPPs became mandatory in 2018 and help to ensure the process of assessment and determination of DAs with a high corruption risk, sensitivity or strategic importance is transparent and accountable.
The Georges River Council LPP:
• determines DAs or modification of consent applications and reviews determinations that are within the relevant delegations and from the Council • provides advice on planning proposals as relevant under legislation • acts as the planning proposal authority for specific planning proposals identified by Council • provides an independent and open forum for people to make submissions relevant to the applications before it • increases transparency around significant DAs and planning proposals made to the Council • aims to achieve good urban design and development outcomes consistent with the relevant legislation and planning controls.
Bodies in which Council had controlling interest
Georges River Council had no controlling interest in any corporations, companies, partnerships, syndicates, ventures or other bodies in 2020/21.
Bodies in which the Council participated
Georges River Council representatives participated in the following external organisations during 2020/21:
• Advance Diversity Services • Committee for Sydney • Central City Alliance • Economic Development Network • Georges River Keeper (GRCCC) • Greater Sydney Commission (Kogarah Collaboration
Area) • Local Government Professionals NSW • LGNSW IT Professionals Network • NSW Public Libraries Association • NSW Public Sector Network • Planning Institute of Australia • Realise Business (former Business Enterprise
Centre) • Records and Information Management Professionals
Australasia • Reframing Aging Group Engagement (RAGE) • Regional Development Australia • Resilient Sydney • South East Sydney Local Health District Board
Community Partnerships Committee • Service NSW • South Sydney Regional Advisory Council (SSRAC) • Smart Cities Council Australia and New Zealand • Southern Sydney Regional Organisation of Councils (SSROC) • St George Business Chamber • Sydney Regional Illegal Dumping Squad • Carss Park Community Garden • St George Police Area Command • University of New South Wales and Street Furniture
Australia – Smart Suburbs Collaboration • University of Technology Sydney, Regional
Development Australia Sydney and ANSTO
Innovation partnership
Developer contribution arrangements
Contributions for local infrastructure, also known as developer contributions, are levied on new development to fund infrastructure to support development, and to provide for a future population including open space, parks, community facilities, local roads, footpaths, stormwater drainage and traffic management.
There are two forms of local infrastructure contributions:
• Section 7.11 contributions: charged where there is a demonstrated link between the development and the infrastructure to be funded. • Section 7.12 contributions: charged as a percentage of the estimated cost of the development. Council’s Section 7.11 and 7.12 local infrastructure contributions plans authorises consent authorities (including Council) and accredited certifiers to impose conditions of consent on DAs and complying development certificates (CDCs) for development contributions.
Legislation requires us to maintain a contributions register, which may be inspected upon request. The register is required to be up-to-date and contain elements as established in the Environmental Planning and Assessment Act 1979. We must also maintain accounting records that allow monetary Section 7.11 contributions and Section 7.12 levies to be distinguished from all other money held by the council. The accounting records must also identify and detail all contributions received by council under each local contributions plan.
The accounting records must show:
• all Section 7.11 contributions or Section 7.12 levies received and the public amenities or services for which they have been received and for which expenditure is authorised, • for contributions paid for different purposes, the pooling or progressive application of the contributions or levies for those purposes. We also publish annual statements for our contribution plans, such as:
• the opening and closing balances of account • the total amounts of monetary contributions received and the public amenities or services for which they have been received • the total amount spent and the public amenities or services for which they have been spent • any outstanding obligations of Council to provide public amenities or services, by reference to the public amenities or services for contributions have been received.
Rates and charges written off (2020/21)
Description
1 Mandatory Pensioner Rebate - Rates & Domestic Waste Charges
Amount ($)
1,770,394 Georges River Council Voluntary Pensioner Rebate - Rates & Domestic Waste Charges 6,198 Rateable to Non Rateable 14,798
General Abandonments 180
Postponed Rates Postponed Rates Interest Charges
TOTAL
1 Mandatory Pensioner Rebate - Rates & Domestic Waste Charges Council Reimbursed Pensioner Subsidy Net Cost of Mandatory Rebate to Council 770
202
1,792,542 1,770,394
970,292
800,102
Special Rate Variation expenditure
During the period ended 30 June 2021, we had a Special Rate Variation (SRV) in place, which was approved prior to the amalgamation.
Special Rate Variation - Hurstville
Following an application from Council the Minister for Local Government determined in 2006 that the percentage by which Hurstville City Council may increase its general income for 2006/07 is 9.95 per cent above that for 2005/06. The approval includes a SRV of 6.35 per cent applicable for 15 years. The 6.35 per cent was applied to the infrastructure maintenance and renewal program, Infrastructure Plus.
Since its commencement the total Infrastructure Plus income collected is $29,198,508 and expenditure to 2020/21 is $27,995,404. An amount of $1,203,104 was unspent and transferred to a reserve for expenditure in the following year.
2020/21 Programs
Road Re-sheet Parks Footpath maintenance Town centre upgrades
Total Expenditure $
650,000 577,228 9,460 36,514 1,273,202
Contracts awarded more than $150,000 (inclusive of GST) From 1 July 2020 to 30 June 2021
Description
Q20/088 Detailed Site Investigation for proposed Regional Aquatic Facility at Todd Park, Blakehurst
Q20/086 - Kogarah War Memorial Pool Remediation
Q20/131 Georges River Council Biodiversity Study
Q20/108 Consultancy to support community consultation for RATES 2021
Q20/137 Year 1 - Microsoft ELA Licence Agreement
T20/012 - Repairs to Roof Structure at Hurstville Aquatic Centre
Q20/148 Penshurst St, Penshurst (Forest Rd End) Road Resheeting Program 2020/21
T20/002 Oatley Bowling Club Remediation Name of Contractor Contract Award ($ incl GST) Contract Type
Otium Planning Group Pty Ltd 199,430 NSW Government Contract
SJB Architecture NSW Pty Ltd 209,478.50 NSW Government Contract
Total Earth Care Pty Ltd 167,244 Local Government Procurement Contract
Ask Insight Pty Ltd 171,589 Request for Quotation
Datacom Systems (AU) Pty Ltd 879,170.69 Local Government Procurement Contract
Bermagui Constructions Pty Ltd 1,929,180 Lump Sum Contract (GM Exemption)
State Asphalt Services Pty Ltd 3,458,620.78 GRC Preferred Supplier
Civil Constructions Pty Ltd 950,698.76 Lump Sum Contract
Q20/224 Carss Park Flats Contamination Assessment Douglas Partners
T20/017 Lower Poulton Park Naturalisation and Car park Construction
Glascott Landscape And Civil Pty Ltd 2,481,145.28 Lump Sum Contract
213,840 Lump Sum Contract (GM Exemption)
T20/013 Hurstville Golf Course Improvements
Flemming Contracting 1,091,780.36 Lump Sum Contract
Q20/105 Electrical Services Upgrade at Hurstville Oval Webber Architects 138,623.10 Request for Quotation
T20/011 Supply, Installation and Ongoing Maintenance of Commercial Car Parking Equipment
TMA Technology (Australia) Pty Ltd 1,390,833.40 Lump Sum Contract
Description
Hurstville Aquatic and Leisure Centre - Major Works
Q20/014 Durham St and Lily St, Hurstville - Traffic signal upgrade
T20/023 Construction of Hurstville Golf Club Pavilion Name of Contractor Contract Award ($ incl GST) Contract Type
Waratah Group Services 161,505.30 Lump Sum Contract (GM Exemption)
Central Infrastructure Sydney Pty Ltd 154,501.60 Request for Quotation
Project Coordination (Australia) Pty Ltd 2,994,497.00 Lump Sum Contract
T20/014 Construction of New Players Pavilion at Hurstville Oval Matrix Group Co Pty Ltd 2,643,372.60 Lump Sum Contract
Q20/202 Relining Projects Pipe Relining 2020/21
Q21/047 Manufacture and install of wayfinding signage for Kogarah and Hurstville CBDs. Q21/023 Construction of New Amenities at Merv Lynch Reserve Beverly Hills
Insituform Pacific Pty Ltd 224,648.03
Cunneen & Company Pty Limited 192,929 Local Government Procurement Contract
Lump Sum Contract (GM Exemption)
Jag Building & Bricklaying Services Pty 431,200 GRC Preferred Supplier
Q20/195 Sans Souci Bathers Pavilion project Q20/195 Beasy Pty Ltd 208,208 NSW Government Contract
Q20/210 Hurstville Aquatic and Leisure Centre - Filtration System Install
Q21/022 Detailed designs for tender and construction for Forest Road and Memorial Square, Hurstville T20/021 Sports Field Lighting Grant at five sites - Renown Park, Peakhurst Park, Beverly Hills Park, Riverwood Park and Gannons Park
Bluefit Pty Ltd 534,930 Lump Sum Contract (GM Exemption)
Place Design Group Pty Ltd 153,736 Request for Quotation
Sportz Lighting 362,490.70 Lump Sum Contract
T19/022 Provision of Cleaning Services
TST Property Services Pty Ltd 800,347.88 Lump Sum Contract
Q20/119 Mortdale Local Centre Masterplan
T20/008 Provision of Property Management Services
Q20/089 Georges River Council Uniforms
Conybeare Morrison International Pty Ltd 186,186 Local Government Procurement
Fox and Jones Agency 472,500 Lump Sum Contract
Brandworx Australia (Allmakes Pty Ltd) 200,000 Request for Quotation
Description
Q20/109 Kogarah Civic Centre Lift Replacement
Q21/082 Set and Implementation - VendorPanel Software
T21/003 Operational Management of Commercial Car Parks
T20/019 Jubilee Stadium - Event Staff
T20/018 Netstrata Jubilee Stadium- Traffic Management T21/011 Donnelly Park Jetty - Design and Construct
T21/002 Peakhurst Park Field 1 Design and Construct Name of Contractor Contract Award ($ incl GST) Contract Type
KONE Elevators Australia 567,182
Lump Sum Contract (GM Exemption) VendorPanel Pty Ltd 236,414 Lump Sum Contract (GM Exemption)
Point Parking Pty Ltd 419,760 Lump Sum Contract
Venue Industry Professionals Schedule of Rates Schedule of Rates Contract
Guardian Venue Management Schedule of Rates Schedule of Rates Contract
Landmark Marinas Pty Ltd 247,656 Lump Sum Contract
Neverstop Water Harvesting Pty Ltd 410,147.00 Lump Sum Contract
In accordance with section 125(1) of the Government Information (Public Access) Act 2009 (GIPA Act), were required to prepare an annual report of our compliance with obligations under the GIPA Act. Schedule 2 (Clause 8) of the Government Information (Public Access) Regulation 2018 outlines the annual reporting requirements for capturing statistical information and is to be used as the framework for this report.
Review of proactive release program – Clause 7(a)
Under section 7(3) of the GIPA Act, NSW agencies must annually review their programs for the proactive release of government information. Council officers reviewed information that is currently available on Council’s website as well as information requested under both informal and formal applications.
Council information that has already been publicly released in response to an access request can be made available to other members of the public on Council’s disclosure log if the agency considers the information to be of wider public interest. Section 25 of the GIPA Act requires agencies to keep a disclosure log as part of their mandatory open access information. The disclosure log, which is published to Council’s website on the Codes, Policies and Registers page, was updated twice in the 2020/21 financial year.
Our website continues to provide timely reporting on current matters. The website also includes information on the status of DAs with details about new applications and those that have recently been determined via council’s DA tracking system.
Governance staff continue to monitor trends in informal requests for information for documents that could be more efficiently disclosed proactively.
Following the review, we determined that the proactive release of information to the public by Council is considered appropriate at this time.
Number of access applications received – GIPA Regulation – Clause 8(b)
During the reporting period, we received 32 formal access applications (including withdrawn applications but not including invalid applications).
Number of refused applications for Schedule 1 information – GIPA Regulation – Clause 8(c)
During the reporting period, we refused one formal access application in whole because the application was for the disclosure of information referred to in Schedule 1 of the GIPA Act.
Table A: Number of applications by type of applicant and outcome
Media 0 0 0 0 0 0 0 0 0 0%
Members of Parliament 0 0 0 0 0 0 0 0 0 0%
Private sector business 0 3 0 0 0 0 0 1 4 11%
Access Granted in Full Access Granted in Part Access Refused in Full Information not Held Information Already Available Refuse to Deal with Application Refuse to Confirm/Deny whether information is held Application Withdrawn Total % of Total
Not for profit organisations or community groups
Members of the public (by legal representative) 0 0 0 0 0 0 0 0 0 0%
3 10 0 2 0 0 0 1 16 44%
Members of the public (other)
Total
2 12 0 0 0 0 0 2 16 44%
5 25 0 2 0 0 0 4 36
% of Total
14% 69% 0% 6% 0% 0% 0% 11%
Public interest disclosures
We have fulfilled our statutory reporting requirements as stipulated by the Public Interest Disclosures Act 1994. There has been one public interest disclosure made to Council in 2020/21.
Number of public officials who made public interest disclosures to Council
Number of public interest disclosures received by your Council
Of the public interest disclosures received, how many were primarily about:
Corrupt conduct
Maladministration
Serious and substantial waste
Government information contravention
Number of public interest disclosures received that have been finalised in this reporting period
Have you established an internal reporting policy?
Has the head of Council met their staff awareness obligations?
Made by public official performing their day-today functions
0
0
0
0
0
0
1
Under a statutory or other legal obligation All other PIDs
0 0
Yes
Yes
Oatley Park.
The table summarises amounts incurred by Council in relation to legal proceedings taken by or against Council (including amounts, costs and expenses paid or received by way of out-of-court settlements, other than those the terms of which are not to be disclosed) and a summary of the state of progress of each legal proceeding and (if it has been finalised) the result.
Legal costs exclude staff time:
Development and building – proceedings and advice 1,239,017 Environmental, regulatory, waste and compliance – proceedings and advice 670,025 Property - acquisitions, commercial and venue hire lease arrangements and strategic property (individual cases not disclosed) 221,163 Governance advice (including Code of Conduct) 226,818 Other legal costs related to general legal costs not covered in the above (including HR, executive services, project delivery) 116,193 Total 2,473,216
Legal costs recovered Rates
Development and building
Total
-185,439 -278,452
-463,891
Oatley clock, Oatley.
State of progress
Applicant/proceedings number/property address
Respondents: Robert Stojanovski & Steven Stojanovski Proceedings No: 2018/99739 34 Milsop Place & 47 Jersey Avenue, Mortdale
Respondent: Allan Frederick Goddard Proceedings No: 2018/366019 297 Rocky Point Road, Sans Souci
Applicant: Taeipo Malifa & Samoan Church Proceedings No. 2019/43432 977 Forest Road, Lugarno
Applicant: Futuristic Design Pty Limited Proceedings No: 2018/390589 301 Kingsgrove Road, Kingsgrove
Applicant: Touma Carlton Pty Limited Proceedings No: 2019/150524 253 – 255 Princes Highway, Carlton Description of matter Status at 30/6/2021 Completed/ not completed
Class 4 Proceedings commenced for unauthorised erection of structures and slabs, including habitation of structure at the premises. Respondent found to be in contempt of court orders. Court granted orders sought by Council to complete the works itself. Works completed by the respondent to Council’s satisfaction by 15 September 2019. Proceedings commenced to recover costs by way of bankruptcy. Not completed
Class 4 Proceedings commenced for accumulation of items resulting in premises being in an unsafe or unhealthy condition under the Local Government Act 1993. Matter listed for hearing on 2, 3 and 24 September 2019 before Robson J. The Court held that the premises were unsafe or unhealthy and made Orders for de-accumulation of items in accordance with a schedule provided by Council. Council awarded costs as agreed or as assessed. Continuing to monitor compliance with the Court orders. Costs assessment being undertaken. Not completed
Proceedings seeking leave to appeal Land and Environment Court decision of 12 December 2018. Applicant’s leave application to appeal against consent orders was heard on 31 May 2019 and refused by the Court. Costs recovery being undertaken for in excess of $73,000 owed to Council. Not completed
Class 1 Appeal against refusal of DA2017/0487 for the demolition of all structures and construction of a two storey child care centre for 47 children and basement car parking. Section 34 Conference listed on 23 November 2020. Section 34 Agreement entered into following amended plans. Completed
Class 1 Appeal against deemed refusal of DA2019/0116 for demolition of existing structures and construction of a six storey mixed use development. Section 34 Conference listed on 1 September 2020. Section 34 Agreement entered into following amended plans. Completed
Applicant/proceedings number/property address
Applicant: Christopher Thomas Proceedings No: 2019/191841 29 Penshurst Street, Penshurst
Applicant: Gianni Georges Proceedings No: 2019/282526 2 – 4 Vaughan Street, Blakehurst
Applicant: Ekon Pty Limited Proceedings No: 2019/296629 4 The Esplanade, Sth Hurstville
Applicant: Truland Development Pty Limited Proceedings No: 2019/308785 186 – 190 Princes Highway and 2 – 6 Lacey Street, Kogarah Bay
Applicant: K J Planning Proceedings No: 2019/371035 69 Boundary Road, Mortdale
Applicant: Beverley Park Golf Club Limited Proceedings No: 2020/14918 87a Jubilee Ave, Beverley Park Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against deemed refusal of DA2019/0160 for the partial demolition of the Penshurst Hotel and construction of a car park. Matter listed for hearing on 11 and 14 September 2020. Appeal upheld following amended plans. Completed
Class 1 Appeal against refusal of DA2018/0517 for demolition of existing dwellings and improvements and the erection of a strata residential flat building development comprising 24 units being 4 x 1 bed, 18 x 2 bed and 2 x 3 bed apartments above basement parking for 38 cars. Matter listed for contested hearing 9 to 11 December 2020. Appeal dismissed. Section 8.15(3) costs to be assessed and paid by applicant. Not completed
Class 1 Appeal against refusal of DA2017/0659 for demolition of existing structures and construction of 68 place childcare centre at 4 The Esplanade, South Hurstville. Matter listed for contested hearing on 24 and 25 May 2021. Matter adjourned to 2 July 2021. Not completed
Class 1 Appeal against refusal of DA2018/0513 for retention of heritage item, demolition of all other existing structures and construction of a residential flat building over two levels of basement parking. Matter listed for contested hearing on 28 to 30 September 2020. Appeal refused. Section 8.15(3) costs paid in the amount of $27,000. Completed
Class 1 Appeal against modification to development consent number MOD2018/0118 in relation to conditions 53, 54, 73, 74 and 75.
Class 1 Appeal against refusal of DA2017/0471 for construction of perimeter security fence and gates. Section 34 Conference listed on 16 November 2020. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $2,000. Completed
Section 34 Conference listed on 31 July 2020. Section 34 Agreement entered into following amended plans. Completed
Applicant/proceedings number/property address
Applicant: Hassib Faraj Proceedings No: 2020/43296 11 Arnold Street, Peakhurst
Applicant: Aplus Architecture Proceedings No: 2020/39217 5 Mona Street, Allawah
Applicant: Mustapha Moussa Proceedings No: 2020/35211 23 Bay Road, Oatley
Applicant: W H Project Management Pty Limited Proceedings No: 2020/60885 1 Butler Road, Hurstville
Applicant: Outdoor Systems Pty Limited Proceedings No: 2020/65407 519 King Georges Road, Beverly Hills
Applicant: 3R Investments Pty Limited Proceedings No: 2020/101221 33 Waterview Street, Carlton Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal for refusal of DA2018/0309 for demolition and construction of a two storey boarding house containing 11 rooms with basement car parking at 11 Arnold Street, Peakhurst. Section 34 Conference listed on 11 December 2020. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $7,000. Completed
Class 1 Appeal for deemed refusal of DA2019/0608 for demolition of existing structures and construction of a boarding house development with basement parking. Matter listed for contested hearing on 13 and 14 April 2021. Appeal upheld. Completed
Class 1 Appeal in relation to modification of consent number DA2017/0198 be rescinded and modification approved to allow removal of Tree 36, relocation of Council stormwater pit, installation of a new driveway including the removal of a rock outcrop and level changes.
Class 1 Appeal for refusal of DA2017/0402 for demolition of existing structures and construction of new mixed use buildings with ground floor retail, 11 levels and apartments and 3 levels of basement car parking with strata subdivision. Section 34 Conference listed on 25 September 2020. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $12,000. Completed
Section 34 Conference listed on 17 August 2020. Section 34 Agreement entered into. Completed
Class 1 Appeal for refusal of MOD 2019/0196 for replacement of existing north and north western facing advertising panels with single digital LED screen. Matter listed for contested hearing 22 and 23 April 2021. Appeal upheld. Completed
Class 1 Appeal against the order made under Division 9.3 and Schedule 5, Part 1 (Order 1) of the Environmental Planning and Assessment Act 1979 by the Respondent dated 26 March 2020. Matter listed for contested hearing on 26 and 27 November 2020. Appeal upheld. Section 56A Appeal filed. Listed for directions hearing 1 July 2021. Not completed
Applicant/proceedings number/property address
Applicant: SAF Group Pty Limited Proceedings No: 2020/101209 33 Waterview Street, Carlton
Applicant: State Projects Pty Limited Proceedings No: 2020/119104 3 Newman Street, Mortdale
Applicant: The Gallery Kogarah Pty Limited Proceedings No: 2020/132825 56 – 58 Regent Street, Kogarah
Applicant: Edrik Properties Pty Ltd T/as Vortex Property Group NSW Proceedings No: 2020/138206 2 – 4 Gladstone Street & 10 Victor Street, Kogarah
Applicant: Landmark Group Australia Pty Limited Proceedings No: 2020/143770 44 – 52 Regent Street, Kogarah Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against actual refusal of DA2019/0417 for the change of use of an industrial building to a depot, warehouse and associated offices.
Class 1 Appeal against refusal of DA2018/0190 for demolition of existing structures and construction of a double storey boarding house with 19 rooms and basement parking for 11 car spaces. Section 34 Conference listed on 2 February 2021. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $9,000. Completed
Class 1 Appeal against refusal of DA2019/0190 for demolition of existing structures and construction of an 11 storey residential flat building with 3 levels of basement parking. Section 34 Conference listed on 6 August 2020. Section 34 Agreement entered into following amended plans. Completed
Class 1 Appeal to modify DA2017/0519 granted by the Land and Environment Court to provide for three additional residential units, removal of car lift to basement parking and replacement with a ramp and one additional level of basement car parking. Section 34 Conference listed on 19 March 2021. Section 34 Agreement entered into following amended plans. Completed
Class 1 Appeal against deemed refusal of DA2020/0132 for demolition of existing dwellings, construction of a new 11 storey residential flat building containing 81 apartments over 3 basement car park levels and lot consolidation. Section 34 Conference listed on 5 February 2021. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $22,500. Completed
Matter listed for contested hearing on 26 and 27 November 2020. Appeal upheld. Section 56A Appeal filed. Listed for directions hearing 1 July 2021. Not completed
Applicant/proceedings number/property address
Applicant: Landmark Group Australia Pty Limited Proceedings No: 2020/143771 6 – 16 Victoria Street, Kogarah
Applicant: Jiang Wen Proceedings No. 2020/168120 3 & 3A Cambridge Street, Kogarah
Respondent: Emanuel Mifsud Proceedings No: 2019/383413 5 Maclaurin Street, Penshurst
Respondents: Habib Hamade, Zeinab Hammoud, Carole Li and Winson Li Proceedings: 2020/72897 244 Connells Point Road, Connells Point
Parties: Ivica Siminovic 34 Whitfield Parade, Hurstville Grove
Parties: Chi-Wing Law 5/5 – 9 Hudson St, Hurstville Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against deemed refusal of DA2020/0128 for demolition of existing dwellings, retention and adaptive reuse of two heritage-listed terraces and construction of a new 12 storey residential flat building containing 83 apartments over 3 basement levels and lot consolidation. Section 34 Conference listed on 5 February 2021. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $22,500. Completed
Class 1 Appeal against refusal of DA2020/0147 for demolition of existing buildings, amalgamation of lots and construction of a boarding house comprising of 40 rooms including the manager’s room and basement level car parking. Matter listed for Section 34 Conference on 3 November 2020. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $8,500. Completed
Proceedings commenced requiring respondent to remove articles and items from the premises (hoarding). Listed for a contested hearing on 28 and 29 July 2020. Judgment issued on 30 October 2020. Orders made for Respondent to remove articles and items within 28 days, failing which Council can carry out the works. Contractors arranged to carry out the works on 1 December 2020. Costs assessment being undertaken. Not completed
Class 4 Application in relation to unauthorised excavation works resulting in the undermining of a retaining wall and swimming pool at neighbour’s property. Listed for hearing on 19 and 20 October 2020. Consent orders issued requiring First and Second Respondents to complete remedial works to rectify land and structures. Costs assessment being undertaken. Not completed
Appeal against penalty notice issued for failing to comply with development control order. Matter discontinued. Completed
Appeal against Penalty Notice issued for unauthorised building work. Matter discontinued. Completed
Applicant/proceedings number/property address Description of matter Status at 30/6/2021 Completed/ not completed
Former staff member (KF) Police as Prosecutor
Parties: Rita Kastanias NCAT Proceedings
Applicant: SAF Group Pty Limited Proceedings No. 20/210390 33 Waterview Street, Carlton
Applicant: SAF Group Pty Limited Proceedings No. 20/210375 33 Waterview Street, Carlton
Applicant: Huawen Zhang & Xiao Zhou Proceedings No: 20/240347 25 William Road, Riverwood
Applicant: Huawen Zhang & Xiao Zhou Proceedings No: 20/240320 25A William Road, Riverwood
Police charge of Larceny. Matter listed for 25 to 26 March 2021. Magistrate found the Defendant not guilty. Completed
Applicant is objecting to release of documents sought under the Government Information (Public Access) Act 2009 Matter was listed for hearing via AVL on 3 June 2020. The Tribunal found that the decision under review should be affirmed.
Class 1 Appeal in respect of Prevention Notice issued under section 96 of the Environment Operations Act 1997 by Council against the Applicant on 10 July 2020. Section 34 Conference listed on 4 August 2020. Appeal upheld and notice amended by consent requiring compliance with Interim Plan of Management. Completed
Class 1 Appeal in respect of Noise control Notice issued under section 264 of the Protection of the Environment Operations Act 1997 by Council against the Applicant on 10 July 2020. Section 34 Conference listed on 4 August 2020. Appeal upheld and revoked by consent. Completed
Class 1 Appeal against deemed refusal of DA2020/0206 for change of use of outbuilding to secondary dwelling. Section 34 Conference listed on 3 December 2020. Section 34 Agreement entered into following amended plans. Completed
Class 1 Appeal against deemed refusal of DA2020/0213 for change of use of outbuilding to granny flat. Section 34 Conference listed on 3 December 2020. Section 34 Agreement entered into following amended plans. Completed
Completed
Applicant: Cornerstone Design Pty Limited Proceedings No: 20/249925 16 – 18 Elizabeth Street, Allawah
Class 1 Appeal against deemed refusal of DA2020/0223 for demolition works and construction of a residential flat building with basement car parking. Section 34 Conference listed on 2 November 2020. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $5,000. Completed
Applicant/proceedings number/property address
Applicant: 47 Boronia Street Pty Ltd Proceedings No: 2020/319489 47 Boronia Street, Kyle Bay
Applicant: Douglas Breen & Tracey Dillon Proceedings No: 2021/52412 118 Moons Avenue, Lugarno
Applicant: William Karavelas Proceedings No: 20/222456 54 Lawrence Street, Peakhurst
Applicant: Kai-Tian Group Kogarah Pty Limited Proceedings No: 20/285043 18 – 24A Victoria Street, Kogarah
Parties: Jun Du Local Court Proceedings 177 Forest Road, Hurstville
Parties: Taste of Shanghai Hurstville Pty Limited Local Court Proceedings 177 Forest Road, Hurstville Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against actual refusal of modification application MOD2020/0131 for modification of consent no. DA2017/0579 for demolition of existing structures and construction of two storey detached dual occupancy with swimming pools in each dwelling.
Class 1 Appeal against a Prevention Notice issued under the Protection of the Environment Operations Act 1997. Matter listed for hearing on 10 February 2021. Section 34 Agreement entered into following amended plans. Completed
Appeal dismissed.
Class 1 Appeal against refusal of DA2018/0578 for demolition of existing dwelling and ancillary structures and construction of a residential flat building containing 6 apartments over basement parking. Matter listed for hearing on 17 May 2021. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $8,000. Completed
Class 1 Appeal against actual refusal of DA2017/0597 for demolition of existing structures and construction of a residential flat building over basement parking with associated landscaping and drainage works. Section 34 Conference listed on 27 April 2021. Section 34 Agreement entered into following amended plans. Section 8.15(3) costs paid in the amount of $5,000. Completed
Court attendance notices issued against defendant for committing an offence against section 21 of the Food Act 2003 by failing to comply with the Food Standards Code.
Court attendance notices issued against defendant for committing an offence against section 21 of the Food Act 2003 by failing to comply with the Food Standards Code. Proceedings formally withdrawn on 4 May 2021 as a result of charge negotiations (see below). Completed
Proceedings formally withdrawn on 4 May 2021 following charge negotiations and penalty notices issued in relation to 10 offences, for a total in fines of $8,800.00. Defendant paid Council’s legal costs in the agreed sum of $8,000.00. Completed
Completed
Applicant/proceedings number/property address
Applicant: Penshurst Laycock Pty Ltd atf Trustee of Penshurst Laycock Unit Proceedings No. 20/208037 Lot 9, 29 Laycock Road, Penshurst
Applicant: Penshurst Laycock Pty Ltd atf Trustee of Penshurst Laycock Unit Proceedings No. 20/208038 Lot 10, 29 Laycock Road, Penshurst
Applicant: Penshurst Laycock Pty Ltd atf Trustee of Penshurst Laycock Unit Proceedings No. 20/208036 Lot 11, 29 Laycock Road, Penshurst
Applicant: Commitment Pty Limited Proceedings No: 20/222588 36 Chamberlain Street, Narwee
Applicant: Compage Group Pty Limited Proceedings No: 20/240194 31 Garfield Street, Carlton Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against deemed refusal of DA2020/0160 for construction of a two storey boarding house development containing 7 boarding rooms, excavation and construction of a basement containing two car parking spaces. Matter listed for contested hearing on 29 to 31 March 2021. Appeal dismissed. Completed
Class 1 Appeal against deemed refusal of DA2020/0160 for construction of a two storey boarding house development containing 7 boarding rooms, excavation and construction of a basement containing two car parking spaces. Matter listed for contested hearing on 29 to 31 March 2021. Appeal dismissed. Completed
Class 1 Appeal against deemed refusal of DA2020/0160 for construction of a two storey boarding house development containing 7 boarding rooms, excavation and construction of a basement containing two car parking spaces. Matter listed for contested hearing on 29 to 31 March 2021. Appeal dismissed. Completed
Class 1 Appeal against refusal of DA2020/0050 for demolition and construction of a childcare centre. Matter listed for contested hearing on 26 and 27 April 2021. Awaiting judgment. Not completed
Class 1 Appeal against deemed refusal of DA2020/0133 for demolition of existing one storey brick building and erection of a four storey boarding house development with partial basement parking. Matter listed for contested hearing on 31 May and 1 June 2021. Awaiting judgment. Not completed
Applicant/proceedings number/property address
Applicant: Marian Ibrahim Proceedings No: 2020/336594 10 Lawrence Street, Peakhurst
Applicant: Christopher Robert Zaarour Proceedings No: 2021/44244 10 Kyle Parade, Kyle Bay
Applicants: Milton & Lisa Genlik Proceedings No: 2021/119099 2A Plimsoll Street, Sans Souci
Applicant: Marko Kozarovski Proceedings No: 2021/139806 15 Resthaven Road, South Hurstville
Applicant: Little Endeavours Early Learning Centre Proceedings No: 2021/153352 17 Endeavour Street, Sans Souci
Applicant: QMS Media Limited Proceedings No: 2021/177924 591 – 611 Princes Highway, Blakehurst Description of matter Status at 30/6/2021 Completed/ not completed
Class 1 Appeal against the Respondent’s deemed refusal of modification application MOD2020/0178 seeking to modify DA2014/1197 for minor internal and external alterations and an increase in the number of children permitted at the childcare centre from 48 to 58. Section 34 Conference listed on 25 May 2021. Conciliation terminated. Listed for contested hearing on 27 and 28 September 2021. Not completed
Class 1 Appeal against deemed refusal of DA2020/0435 for demolition of the existing dwelling and ancillary structures and the construction of a dual occupancy over basement car parking. Section 34 Conference listed on 11 May 2021. Conciliation terminated. Listed for contested hearing on 21 and 22 September 2021. Not completed
Appeal against Council’s demolition order dated 1 April 2021.
Matter discontinued by the applicants.
Completed
Class 1 Appeal against refusal of DA2021/0051 for the demolition of existing structures, removal of trees and construction of single level childcare centre with basement car park. Section 34 Conference listed on 18 August 2021. Not completed
Class 1 Appeal against deemed refusal of DA2020/0554 for alterations and additions to an existing childcare centre involving minor demolition and the construction of a new external stair, first floor outdoor play area and internal renovations. Section 34 Conference listed on 30 August 2021. Not completed
Class 1 Appeal against refusal of DA2020/0065 for the installation of a digital advertising sign. Matter listed for directions hearing on 20 July 2021. Not completed
Applicant/proceedings number/property address Description of matter Status at 30/6/2021 Completed/ not completed
Respondents: Tyre Nation Pty Ltd and Fardous & Saab Pty Limited Proceedings No: 2020/170606 36 – 38 Waterview Street, Carlton
Class 4 interlocutory proceedings seeking removal of motor vehicle tyres.
Respondents: SAF Group Pty Limited & 3R Investments Pty Limited Proceedings No: 2020/230645 33 Waterview Street, Carlton
Respondents: The Congregational Christian Church in Samoa, Parish of Sydney Inc and Taeipo Malifa Proceedings No: 2020/304249 977 Forest Road, Lugarno
Respondents: Tyre Nation Pty Ltd and Fardous & Saab Pty Limited Proceedings No: 2020/170606 36 – 38 Waterview Street, Carlton
Class 4 interlocutory proceedings seeking the Respondents be restrained from using the premises as a business premises; for crushing, grinding or separating works; a resource recovery facility or for a civil construction and traffic management facility. Matter dismissed. Respondents to pay Council’s costs of $12,500. Completed
Class 4 interlocutory proceedings seeking the Respondents be restrained from using the land for the purposes of a place of public worship unless in accordance with the conditions of Development Consent 2006/DA0372. Matter listed for hearing on 24 and 25 June 2021. Consent orders entered into to carry out acoustic measures at the site. Cost’s assessment being undertaken. Not completed
Statement of charge for contempt of court filed following failure to comply with court orders regarding fire safety.
Parties: Melissa Carretero Local Court Proceedings
Parties: Your Style Building Services Pty Limited Local Court Proceedings 2 – 6 Allen Street & 42 – 46 Connells Point Road, Connells Point
Court attendance notices issued against defendant in relation to injuries sustained to a person and animal by the defendant’s dog. Defendant has entered a plea of guilty. Matter adjourned for sentencing on 10 August 2021. Not completed
Appeals against six penalty notices issued for development not in accordance with development consent. Matters listed in Downing Centre Local Court on 24 and 25 November 2021. Not completed
Matter listed for hearing on 17 and 18 September 2020. Judgment handed down requiring regime of fire works to be carried out on 24 December 2020. Council successful in the proceedings, including costs. Notice of Intention to Appeal filed by Respondents. Notice of Motion in relation to costs is listed on 22 July 2021.
Matter listed for hearing on 22 and 23 July 2021. Not completed
Not completed
Applicant/proceedings number/property address
Parties: Your Style Building Services Pty Limited Local Court Proceedings 2 – 6 Allen Street & 42 – 46 Connells Point Road, Connells Point
Parties: Your Style Building Services Pty Limited Local Court Proceedings 2 – 6 Allen Street & 42 – 46 Connells Point Road, Connells Point
Parties: Your Style Building Services Pty Limited Local Court Proceedings 2 – 6 Allen Street & 42 – 46 Connells Point Road, Connells Point
Mortdale Memorial Park.
Description of matter Status at 30/6/2021 Completed/ not completed
Appeals against three penalty notices issued for development not in accordance with development consent Matters listed in Downing Centre Local Court on 24 and 25 November 2021. Not completed
Appeals against seven penalty notices issued for development not in accordance with development consent. Matters listed in Downing Centre Local Court for hearing on 24 and 25 November 2021. Not completed
Appeals against two penalty notices issued for development not in accordance with development consent Matters listed in Downing Centre Local Court for hearing on 24 and 25 November 2021. Not completed
