Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 20 March 2013 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

Peter Tegart

General Manager

 

 

12 March 2013

 

TO:

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

COPY:

General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Community and Relationships, Ms Leanne Barnes

Minute Secretary

 

 

 


PUBLISHING OF AGENDAS AND MINUTES

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

         Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.


ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st     Do I have private interests affected by a matter I am officially involved in?

2nd    Is my official role one of influence or perceived influence over the matter?

3rd    Do my private interests conflict with my official role?

 

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Division of Local Government (DPC)

(02) 4428 4100

dlg@dlg.nsw.gov.au

www.dlg.nsw.gov.au

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:   The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the Division of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd               mm                  yy

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

*  Note:   Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

 

 


Council                                                                                                            20 March 2013

 

AGENDA

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 27 February 2013 and the Extraordinary Meeting held on 7 March 2013 as circulated, be taken as read and confirmed.

2     Apologies and requests for leave of absence

 

3     Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4     Deputations (by prior arrangement)

 

5     Petitions

 

6     Mayoral Minutes

 

7        Adjournment to Standing Committees

RECOMMENDATION

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8     Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1              Proposed Woolworths supermarket - Montague Street, Bermagui....... 9

9     Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

Nil Reports

10   Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

Nil Reports

11   Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1             Bega Valley Local Traffic Committee Meeting 6 March 2013........... 254

11.2             Licence for the Upper Level of the Tathra Wharf - Museum............. 260

11.3             Tender 7/13 Central Waste Facility Civil Works Package................ 263

11.4             General Sportsground and Recreation Committee - Project Allocations.................................................................................................... 267

11.5             Council Maintained Roads: Legal and Practical Access.................. 270

12   Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1             Certificate of Investments made under Section 625 of the Local Government Act 1993.................................................................... 279

12.2             Internal Audit Committee:  Appointment of independent representatives.................................................................................................... 283

12.3             Australian Local Government Association National Congress - Call for Nominations................................................................................ 285 .

13   Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

 

 

14   Delegates Reports

 

15   Rescission/alteration Motions

 

16   Notices of Motion

 

17   Urgent Business

 

18   Questions On Notice

 

19   Questions for the Next Meeting

 

20.. Confidential Business 

 

21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session

  

 


Council                                                                                                            20 March 2013

 

 

staff reports – Planning and Environment (Sustainability)

 

20 March 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.  

8.1           Proposed Woolworths supermarket - Montague Street, Bermagui.. 9


Council 20 March 2013                                                                                       Item 8.1

 

8.1DA No. 2012.98:  Proposed Woolworths supermarket - Montague Street, Bermagui       

 

Group Manager Planning & Environment  

 

 

Applicant

Fabcot Pty Ltd

Owner

Fabcot Pty Ltd

Site

Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui

Zone

3(a) General Business

Site area

6060m2

Proposed development

Construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage

Precis

At the Council meeting held on 16 January 2013 Council deferred a decision on the staff report in respect of the proposed development.

This report addresses the Council resolution, in particular:

·    The matters raised in the deputations to Council,

·    The site meeting of Councillors and staff; and

·    The issues raised at the Community meeting held in Bermagui.

In addition a number of submissions have been received since the community meeting.

This report addresses any new issues raised during the deputations to Council, community meeting and the additional submissions received.

Issues raised that were previously addressed in the staff report to the Council meeting on 16 January 2013 are not addressed in this report.

The proposal is recommended for approval in accordance with the staff recommendation of 16 January 2013.

Background

A staff report in respect to the proposed supermarket development was presented to the Council meeting held on 16 January 2013 with the following recommendation:

“1.        That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent.

2.         That those persons who made a submission be advised of Council’s decision.”

Council received five deputations from objectors in respect to the proposed development and resolved the following:

“1.        That in accord with the Code of Meeting Practice the matter be deferred for further report on matters raised during deputation.

2.         That Councillors attend a site inspection with staff.

3.         That Councillors meet with community members for further feedback at a date and venue to be confirmed.”

Description of the proposal

Development consent is sought for the construction of a supermarket and associated infrastructure, comprising;

·          Supermarket with a gross leasable floor area (GLFA) of 1639m2 (being 1544m2 of retail space plus 95m2 loading dock).

·          Liquor store with a gross leasable floor area of 152m2

·          Speciality retail shop with a gross leasable floor area of 71m2 (tenancy unknown at this time).

·          Carparking area with a total of 89 spaces.

·          Advertising signage, lighting and landscaping.

Customer access (vehicular and pedestrian) to the proposed development would be via Montague Street. Heavy vehicles would service the site via the Unnamed Laneway (sometimes called Lamont Lane).

Description of the site

The subject site comprises five allotments with frontage to Young Street, Montague Street and the Unnamed Laneway in Bermagui. The land is predominantly cleared, with some remaining exotic vegetation, including several established Canary Island Palms which formed part of the formal garden setting of the original (now demolished) dwelling house.

The site is located within the main commercial precinct of Bermagui, with business premises adjoining the site (separated by the Unnamed Laneway) to the north, including hotel/pub, motel, retail premises and offices.

Immediately adjoining the site to the west is a single dwelling house. The northern side of Young Street (between the subject site and Wallaga Street) is characterised by low density residential development. On the southern side of Young Street (opposite the site between Montague Street and Wallaga Street) is also characterised by low density residential development.

To the east of the site, is a combination of residential development and recreational reserve (park), with Zane Grey Caravan Park further to the east.

A locality plan is provided as Attachment 1.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer’s Section 79C assessment is Attachment 2 to this report.

Zoning

Bega Valley Local Environmental Plan 2002

The subject site is zoned 3(a) General Business under the provisions of the Bega Valley Local Environmental Plan 2002 (BVLEP 2002). The proposed use is defined as Shops, which is permissible with consent in the zone.

The objectives of the 3(a) zone are as follows;

(a)           to encourage a high standard of commercial development, create compact business centres which service the population and visitors and facilitate the expansion of business activities in appropriate locations

(b)           to set aside certain land for the provision of services required by the travelling public for the development of facilities for refreshment, accommodation, recreation and amusement,

(c)           to permit non-commercial development where such development complements the intended commercial character of the locality, including dwellings attached to commercial development.

For the purpose of Clause 8(3) and 30(2) of BVLEP 2002, all the 3(a) General Business zone objectives have been considered in the assessment of the proposal and the proposed construction of a supermarket and retail shops on the subject site is considered to be consistent with those objectives.

The development would contribute to ensuring a compact business centre for Bermagui, with the proposed supermarket in the main business precinct, as an ‘in-centre’ development, which is consistent with Zone Objective (a).

The additional supermarket retail floor space would be consistent with Bermagui being identified as a Local Centre. Local Centres (being Bermagui, Merimbula/Pambula/Tura Beach and Eden) “need to provide most local needs for residents and visitors of the district essentially on a week to week basis”Bega Valley Shire Commercial Strategy 2006.

The South Coast Regional Strategy (2006) lists Bermagui as a town, providing ‘small to medium concentrations of retail, health and other services with lower density residential. Reliant on higher-order centres for shopping and employment.’

The subject site is suitably located to facilitate the expansion of such businesses in order to meet the Local Centre requirements for service provision in Bermagui.

The proposed development would provide a service to the travelling public, considering that an important part of the Bermagui economy is based on tourist trade, with 20-40% of the Bermagui Main Trade Area ‘retail spend’ being attributed to visitors and tourists – HillPDA, Peer Review, November 2012 (refer Attachment 11). The proposed land use is therefore considered to be consistent with Zone Objective (b).

For the purpose of Zone Objective (c), the proposal is a commercial development and no residential component is proposed.

Draft Bega Valley Local Environmental Plan 2012

The subject site is proposed to be zoned B2 Local Centre under the provisions of the draft Local Environmental Plan 2012. The proposed land use would be defined as Shops (under the Retail Premises group definition), which means;

Premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

The proposed land use would be permissible in the subject zone with development consent.

The objectives of the B2 zone are;

·   To provide a range of retail, business, entertainment and community uses that service the needs of people who live in, work in and visit the local area.

·   To encourage employment opportunities in accessible locations.

·   To maximise public transport patronage and encourage walking and cycling.

·   To enable other land uses that are complementary to and do not detract from the viability of commercial uses within the zone.

·   To minimise conflict between land uses within the zone and land uses within adjoining zones.

·   To strengthen the viability of the Shire’s existing business centres as places for investment, employment and cultural activity.

It is considered that the development would be consistent with the objectives of the proposed zone for the following reasons:

·          The proposed supermarket would contribute to the range of businesses in Bermagui and service the needs of the local area consistent with the concept of Bermagui being a Local Centre.

·          Is located within the main business precinct with suitable access for vehicles and pedestrians, is able to be serviced by public transport (with a local bus operator confirming that Montague Street could form part of the bus route to access the site), and suitable facilities for bicycle parking also provided onsite.

·          Suitable design measures have been proposed to minimise adverse impact on adjoining residential land uses, specifically suitable building design, location and articulation and the treatment of noise generating activities and equipment.

·          The economic impact of the proposed development has been assessed and is considered to be consistent with the objective to strengthen the viability of Bermagui’s business centre.

An additional permitted use has been identified for the site, as a result of a submission to the comprehensive local environmental plan exhibition by the previous owner of the land, the Illawarra Retirement Trust. At the time of exhibition of the draft LEP, the Trust made representations to Council to permit the additional use of Seniors Housing on the subject property, through inclusion of an ‘enabling clause’ in Schedule 1 of the draft LEP 2012.

Council, in its consideration of the submission, resolved to permit Seniors Housing on the subject land as an additional use.

The application currently before Council does not propose such a use of the subject site.

Deputations to Council

At the 16 January 2013 Council meeting there were five deputations to Council (in opposition to the development) in relation to the staff report and recommendation.

A summary of the issue raised is included as Attachment 3 of this report.

Councillor site meeting with staff

Councillors and staff inspected the site and surrounding land on Wednesday, 13 February 2013 prior to the community meeting.

As part of the site inspection the applicant was requested to erect height poles showing the maximum height of the building including the proposed free standing pole sign.

Issues raised at the site meeting included:

·      Opportunity for widening of laneway and dedication of a 3m strip of the Woolworths site for future road widening purposes.

·      Visual impact of proposed air conditioning unit.

·      Visitation numbers in the retail report compared with traffic report.

·      Opportunities for alteration to the façade as raised by National Trust.

Community meeting

In accordance with the Council resolution a community meeting was held at the Bermagui Community Centre commencing at 6.00pm on Wednesday, 13 February 2013.

The meeting was chaired by Scott Bradley from the Bermagui Chamber of Commerce and all Councillors were in attendance.

A summary of the issues raised, by those persons objecting to the proposed development, are outlined below:

·    Negative impact of the proposed development on the atmosphere and ambience of Bermagui and the town’s community spirit.

·    Impact on the area’s road system, including timber bridges, from the proposed delivery trucks and cost to the ratepayers.

·    Impact on traffic safety from increased truck movements and compliance with speed zone limits.

·    Impact on existing businesses in town and employment and the flow on effect, including businesses in Cobargo. Suggested five businesses would close in Bermagui.

·    Impact on the existing childcare and ambulance station from proposed access arrangements.

·    Impact on views from existing residences.

·    Not appropriate development for beginning of Wilderness Coast.

·    The existing businesses in Bermagui support the community of Bermagui.

·    The loss of any businesses would impact on the cultural atmosphere of Bermagui.

·    The loss of any businesses would have a flow on effect to loss of families and resultant loss of services due to reduction in population.

·    The site was set aside for the Illawarra Retirement Trust to construct an aged care facility. Is it legal that they have sold the land?

·    No liquor outlet. Existing social problems in Bermagui already.

·    Woolworths supermarket in Bermagui not needed as people will still travel to Narooma/Bega to access other services not available in Bermagui.

·    Council amended zoning in late 2012 to allow the proposed development.

·    GIPA request by Neil McPherson to obtain the notes of the pre DA meeting with Council not answered after 6 months.

·    The economic report submitted with the application identified a total retail spend of $40 million in Bermagui. This is not correct there are only 40 businesses in Bermagui.

·    The use of Hill PDA by Council is not due process. Hill PDA have a conflict of interest as they have worked for Woolworths. Council should disregard the advice of Hill PDA in the report and obtain independent economic advice.

As part of the meeting one speaker suggested a motion be moved calling for Council to engage lawyers on how to beat Woolworths. The request to put the motion was not supported.

Opportunity for dedication of 3m wide strip of the subject land for future lane widening purposes

During the site visit by Council and staff on 13 February 2013 the opportunity to require the dedication of a 3m wide strip of the subject land, for future lane widening purposes as a condition of any consent was raised.

The issue of lane widening was also discussed with Woolworths at a meeting held with staff, the Mayor and the Chair of the Planning and Environment Committee on 14 February 2013.

Under Section 94 of the Environmental Planning and Assessment Act 1979 a contribution towards provision or improvement of amenities or services may be imposed in a consent under certain circumstances.

Section 94(1) states:

(1)      If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring:

(a)     the dedication of land free of cost, or

(b)     the payment of a monetary contribution,

or both.”

Section 94(2) states:

(2)      A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned.”

However Section 94B of the Act only allows a contribution to be imposed under Section 94 where a contributions plan is in place.

Section 94B states:

(1)      A consent authority may impose a condition under section 94 or 94A only if it is of a kind allowed by, and is determined in accordance with, a contributions plan (subject to any direction of the Minister under this Division).”

There is no Council adopted contribution plan requiring the dedication of land for lane widening purposes applying to the subject land.

Therefore Council is not in a position to legally require the dedication of land for lane widening purposes under Section 94 of the Environmental Planning and Assessment Act 1979.

Should consent be granted to the proposed development, the applicant could offer a land dedication as part of a modification application and a Voluntary Planning Agreement under the provisions of the Environmental Planning and Assessment Act 1979.

additional information provided by woolworths

The meeting of 14 February 2013 also covered the results of discussions held between Woolworths and Cox Richardson Architects regarding the design of the proposed building. Staff also requested clarification of traffic generation numbers and proposed lighting of the site.

It should be noted that during the deputation to Council, Dr Frances Perkins, Chairperson, Far South Coast Branch of the National Trust suggested the applicant discuss design options with Phillip Cox of Cox Richardson Architects.

Woolworths response is in Attachment 4 to this report and includes the advice of Cox Richardson Architects and amended plans showing changes to the façade of the proposed building in accordance with the recommendations of Phillip Cox.

The changes include:

·    Adopting a timber colonnade across the entire façade.

·    Increasing the height of the awning to form the colonnade.

·    Continuation of the timber line around Young Street.

·    Pergola extension and public space to proposed tenancy 2.

Comments on changes to the façade of the proposed building

The review of the design of the façade of the building was in direct response to issues raised during the exhibition period and deputations to Council.

The engagement of Cox Richardson by Woolworths to provide advice has resulted in a number of subtle changes which staff consider soften the appearance of the building and enhances the design.

Whilst amended plans have been submitted incorporating the recommended changes staff are of the opinion that the changes are not a significant redesign of the proposed development and therefore in accordance with the provisions of Development Control Plan No. 3 – Notification Policy, exhibition is not justified.

Additional submissions received since 16 january 2013 council meeting

Both Councillors and Council have continued to receive submissions in respect to the proposed development since the Council meeting held on 16 January 2013.

Further a number of these submissions have been in response to the Community Meeting held on 13 February 2013.

One detailed submission was received from Mr Adam Millar a resident ratepayer of Bermagui. This submission included separate sections relating to:

·    Submission in opposition to the development application.

·    Submission in relation to the planning report.

·    Summary of available grounds of refusal to approve the development application.

·    Schedule of Annexures to submission in relation to the Planning Report.

This submission will be tabled at the Council meeting but, as outlined above, this report does not assess issues previously addressed in the staff report to the Council meeting of 16 January 2013.

It is noted however that Councillors received a copy of Mr Millar’s submission by direct email on 22 February 2013. A process is available for Councillors to move to refuse the development application if they so wish.

Consideration of issues raised not previously addressed in the staff report to the council meeting of 16 January 2013

A copy of the summary of submissions attached to the report presented to the Council meeting held on 16 January 2013 is included as Attachment 5 to this report.

The following is a summary of the key issues raised not previously addressed in the staff report to Council on 16 January 2013 followed by staff comment.

BVSC has no other option but to ignore the advice and opinions expressed in the peer review prepared by Hill PDA (the Hill PDA report) and have no regard to that report in its deliberations and assessment process in relation to the proposed development due to a conflict of interest in the part of Hill PDA as one of their clients is Woolworths.

COMMENT:  The staff report to the Council meeting held on 16 January 2013 advised that to assist in the consideration of the economic impact of the proposed Woolworths development Hill PDA were commissioned to undertake a peer review of both the applicant’s Economic Impact Assessment, prepared by Location IQ and that of Wakefield Planning which was commissioned by a group of Bermagui residents.

The report of Hill PDA and recommendations formed part of the report to Council.

In engaging Hill PDA, staff considered that Hill PDA had the necessary experience, skills and background in the Bega Valley Shire.

Staff have raised the issue of conflict of interest with Mr Adrian Hack of Hill PDA who provided the following response:

“The most recent job that we have done for Woolworths was in 2011 for an economic impact assessment of a proposed Woolworths Marketplace in Barden Ridge, Sutherland Shire.

We have done a few economic impact assessment reports for Masters Stores (hardware and DYI) including Bega. Masters is a joint venture company between Woolworths and a US based hardware business. The Bega report was 2011.

We have not done a job for Woolworths in the past year and half at least.

We have also done a number of jobs for some of Woolworth’s competitors including Coles supermarkets and ALDI foodstores.

I have also been an expert witness against Woolworths in some matters – the most recent case being The Hills Shire Council v Fabcot Pty Ltd LEC Proceedings 11/10836 relating to 73-75 Windor Road, Kellyville. That matter was settled shortly before the hearing date via Section 34 conferencing with approval granted by Council following design amendments.

I have been an expert witness against AMP in the case of AMP Capital Investors Ltd v Transport Infrastructure Development Corporation [2007] NSW LEC 397 yet I have done jobs for AMP. I have been an expert witness against Sydney City Council in the case of Artro Management v Sydney City Council [2009] yet I have done jobs for the Council. Finally I have been an expert witness against Almona Pty Ltd (Parklea Markets) in the case of Roads & Traffic Authority of NSW ats Almona Pty Ltd yet I have done jobs for Parklea Markets.

It is not unusual for a consultant to act both for and against the same client provided that they relate to clearly different projects / matters. Furthermore I did not liaise or consult with Woolworths on this particular subject matter.

Given the above history I see no conflict of interest in this particular matter.”

Further staff requested legal advice from Maddocks Lawyers regarding the issues of conflict of interest.

In response, Maddocks advice has included the following:

“The advice of Hill PDA is not compromised although Mr Hack should have disclosed in his report that he had previously been engaged by Woolworths. The Land and Environment Court has provided guidance on the principles to be applied in determining whether an expert is independent through its case law, including an indication that an ASIC Guide on the independence of experts is of general application. The SIC Guide requires an expert to make a disclosure of previous work undertaken on behalf of interested parties. Although no disclosure was made by Hill PDA of previous work undertaken for Woolworths, it is our view that the Hill PDA Report has not been compromised as the discussion concerning previous work has been made prior to Council’s determination of the development application. Council has had an opportunity to consider the independence of Mr Hack, and is able to make a decision based on all material before it, not just Mr Hack’s report. In any event, failure to disclose is not, in itself, a basis for concluding bias.”

“There is no material in the advice of Hill PDA that demonstrates bias. The Hill PDA Report specifies where it agrees and disagrees with the methodologies and assumptions utilised by Location IQ and Wakefield Planning respectively. Where Hill PDA disagrees with either of the parties, reasons are provided. Hill PDA also undertook its own analysis on the economic effects of the proposal at hand, which is the point of most significant variation between Location IQ and Wakefield Planning. The fact that Hill PDA largely supports the approach taken and conclusions reached by Location IQ is not in itself demonstrative of any bias.”

 

Based on this advice, consideration of the peer review of Hill PDA is appropriate as part of the overall assessment of the proposed development in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

·    Location IQ Economic Impact Assessment Report 19 March 2012 – Attachment 6

·    Location IQ Review of Wakefield Planning Submission September 2012 – Attachment 7

·    Wakefield Planning Submission – Attachment 8

·    Wakefield Planning Supplementary Economic Report – Attachment 9

·    Wakefield Planning Response to Location IQ Review of Wakefield Planning Submission – Attachment 10

·    Economic Impact Assessment Peer Review Hill PDA – Attachment 11

The BVSC Planning Report notes that lighting will need to be appropriately designed, directed and shielded to ensure lighting “is appropriate for the task whilst minimizing disturbance to adjoining owners and occupiers”.

However, it is submitted that all of the required (whether limited to or in addition to that referred to above) will create an artificial fluorescent ‘glow’ and in itself will create a high and unacceptable adverse visual impact upon at least all residential properties within 3 kilometres of the Proposed Development site (particularly those within 500 metres of the Proposed Development) at all hours other than during daylight hours.

No amount of design, direction or shielding will remove or lessen this artificial fluorescent ‘glow’ to an extent that it does not present an unacceptable and adverse visual impact upon surrounding residences, the streetscape and the broader community and landscape of Bermagui.

COMMENT:  The additional information provided by Woolworth has indicated that lighting that is not acting as a crime deterrent will be turned off outside of operating hours.

The report to the Council meeting of 16 January 2013 proposed conditions requiring proposed lighting to comply with the relevant Australian Standard and appropriate shielding provided to address light spill.

It is considered that the proposed conditions would address this issue.

Impact on the area’s road system, including timber bridges, as a result of increased truck movements to service the proposed supermarket development.

COMMENT:  The Bermagui Road, being Main Road 272, is a regional road from its intersection with the Princes Highway to termination in Bega. There are no weight restrictions on the pavement or bridges. Therefore any heavy vehicles, which are legal are able to travel this route.

Council has an existing maintenance inspection regime in place for its roads, bridges and roadside signage as part of Council’s Asset Management Plan.

The staff report to the Council meeting on 16 January recommended a full upgrade of the Unnamed Laneway to a suitable standard to cater for the increase in truck movements servicing the proposed supermarket development.

Not appropriate development for the beginning of the Wilderness Coast.

COMMENT:  The proposed development would be located on commercial land within the Bermagui township and would not directly impact on the Wilderness Coast.

The economic report submitted with the application identified a total retail spend of $40 million in Bermagui. This is not correct as there are only 40 businesses in Bermagui.

COMMENT:  The economic report states that there is a total retail expenditure of $40 million in the Main Trade Area (MTA).

This statement refers to the estimated annual retail expenditure of the people within the MTA identified in the report.

The report does not suggest that this $40 million is spent in Bermagui but estimates the total retail expenditure of Bermagui residents and visitors, of which only a percentage is currently spent in Bermagui.

The previous Council during 2012 conveniently changed the use of this land to accommodate the proposed Fabcot/Woolworths development. The community did not understand or support this change in this zoning primarily removing the senior living provision.

COMMENT:  The land has been zoned 3(a) General Business since 1987 under both Bega Valley Local Environmental Plan 1987 and the current Bega Valley Local Environmental Plan 2002.

A supermarket is a permitted use with Council consent in the zone. A development application could have been considered by Council for a supermarket at any time since 1987.

To suggest Council has altered the zoning to permit a supermarket development has no basis.

It should be noted that Council resolved as part of the draft Comprehensive Local Environmental Plan (CLEP) process to include a special clause in the plan to permit seniors housing on the land as an additional use.

GIPA request by Neil McPherson to obtain the notes of the pre-lodgement meeting between Council and Woolworths not answered after 6 months.

COMMENT:  An access application under the Government Information (Public Access) Act 2009 (GIPA Act) was received by Council on 10 May 2012 from Mr Neil McPherson.

The application was to seek access to the following documents:

“Please make available documentation relating to 1 Young Street Bermagui and any pre DA meeting and advice given to the applicant “Fabcot” on behalf of Woolworths. The current DA 2012.0098. Any written advice given to the applicant may be required to be copied please.”

The request for access to the requested information was approved on 4 June 2012 and a copy of the requested information forwarded to Mr McPherson in full.

The assertion by Mr McPherson at the community meeting that the GIPA request had not been answered was incorrect.

Application will impact on the greater region (Narooma) of the South Coast of NSW and should be forwarded to the Joint Regional Planning Panel for additional and independent consideration.

COMMENT:  The type and scale of the development does not trigger the requirement for consideration and determination by the JRPP.

It is the only remaining land in Bermagui for senior/age living close to the village and will be lost forever.

COMMENT:  No details have been submitted to support this statement. Seniors housing will be a permitted use with consent across a substantial part of Bermagui (in the proposed R2 and R3 zones) under the new Comprehensive Local Environmental Plan.

conclusion

The proposed development meets the objectives of the current and proposed zone, is a permissible land use in the zone, is considered to achieve the orderly and economic use and development of land (consistent with the objects of the Environmental Planning and Assessment Act 1979) and is consistent with the strategic direction for Bermagui, being a Local Centre.

A wide range of impacts have been identified in the assessment of the application and, wherever appropriate, suitable mitigating measures have been identified, either through the provision of revised plans and additional information from the applicant, or through recommended consent conditions.

The issues raised in the addresses to Council, the community meeting in Bermagui and additional submissions not previously addressed in the report to Council on 16 January 2013 have been considered in this report.

In considering all relevant matters under Section 79C of the Environmental Planning and Assessment Act 1979, the proposed development would be suitable for the subject site and is in the public interest. Approval of the development is recommended subject to conditions provided in the draft consent as Attachment 12 to this report.

 

ATTACHMENTS

1View. Locality Plan

2View. Section 79C Assessment

3View. Deputations to Council

4View. Additional information from Woolworths

5View. Review of Submissions

6View. Location IQ Economic Impact Assessment Report 19 March 2012

7View. Location IQ Review of Wakefield Planning Submission September 2012

8View. Wakefield Planning Submission 30 May 2012

9View. Wakefield Planning Supplementary Economic Report 13 July 2012

10View.           Wakefield Planning Response to Location IQ Review of Wakefield Planning Submission 21 November 2012

11View.           Economic Impact Assessment Peer Review - Hill PDA 29 November 2012

12View.           Draft Development Consent

 

Recommendation

1.         That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent attached to the staff report presented to the Council meeting held on 20 March 2013.

2.         That those persons who made a submission be advised of Council’s decision.

 


Council

20 March 2013

Item 8.1 - Attachment 1

Locality Plan

 


Council

20 March 2013

Item 8.1 - Attachment 2

Section 79C Assessment

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 3

Deputations to Council

 

 

DA 2012.98 BERMAGUI WOOLWORTHS - DEPUTATIONS TO COUNCIL

 

Mr Geoff Steel

11 – 17 Montague Street

BERMAGUI NSW 2546

§ Change the unique coastal village ambience and character.

§ Viability of local shops.

§ Impacts on local small primary producers.

§ Impacts on local sporting clubs and cultural events.

§ Traffic flows extreme in residential streets. Issue has only received cursory attention in Councils staff report of 16 January 2013.

§ Material inconsistency between the two impact reports should be addressed by Council.

§ Fabcot to install traffic signage and curbing that requires patrons to only turn left out of the car park.

§ Inappropriately prominent signage.

§ Other country towns (listed) do not have large illuminated free standing street signs .

§ Liquor Store. We don’t believe a small town like Bermagui with limited police presence needs a third liquor store open to 9pm.

 

Recommendations

 

§ Walkway to main shopping street. The local shops at Bermagui need to be better connected to the Woolworths.

§ Illuminated logo on the north western side and should be switched off when the store closes at 10pm.

§ We note that the requirement to reduce the 8 metre high sign to 5 metres is not currently included in the draft conditions of approval.

§ Recommend the use of low candescent external lighting to preserve the night sky as already installed on the Bermagui River bridge.

§ Architectural features unsympathetic to local environment. Fabcot design is still a generic “Woollies Box’ which makes little attempt to integrate the building into the local natural or built environment.

§ The design is in stark contrast to the recently built and highly successful Fishermans Wharf development.

§ The Council staff report (page 20) notes that “Council’s Heritage Advisor has recommended that the design should reinforce the character of Bermagui through the use of language that is borrowed from timber wharf constructions (examples being the sign of the Bermagui Fishermans Coop and the Bermagui Community Centre and Library)”. We note that a revised design has been submitted, but only incorporates some increased use of timber cladding).

§ If the proposed development proceeds we believe Council should require Fabcot to revisit their architectural plan, to achieve a design more in keeping with the heritage and architectural values of Bermagui village, drawing on the Fisherman’s Wharf concept.

 

Dr Frances Perkins

Chairperson

Far South Coast Branch of the National Trust

§ We believe the scale of the proposed development was not in keeping with Bermagui’s small coastal village characteristics.

§ Impact adversely on the built and natural environment.

§ Inappropriate architectural design features.

§ Increased automobile and truck traffic.

§ Inappropriate lighting and signage.

§ Polluted water run-off from the site into Horseshoe Bay.

§ The National Trust raised 5 specific areas where it felt the DA was deficient, and which should be addressed in any proposed development on this site. The 64 conditions Council officers recommend imposing on the development address several, but not all of these issues.

§ Architectural features unsympathetic to local environment.

§ Philip Cox has offered to discuss design possibilities with Fabcot’s architect. The NT is willing to facilitate this discussion.

§ Service equipment like air conditioning units should be located on the roof.

§ Hence, at very least, we would urge Council to add an additional condition if it approves this DA: The supermarket building elevation facing Montague Street should be totally timber clad and have a timber pole colonnade along its entire length, referencing the Fisherman’s Wharf concepts. All other elevations should be timber clad.

 

Recommendations

 

§ Our May submission also recommended landscaped areas with trees, local sculpture and seating in front of the building, to better blend the development into the environment and reduce the size of the car park.

§ Inappropriately prominent signage.

§ Walkway to main shopping street providing adequate pedestrian links between the new development and existing main street.

§ Traffic flows would adversely affect residents.

§ The Council’s staff report addresses the final 2 issues our May 2012 submission raised of efficient energy design requirements and run-off and treatment of water from the site into Horseshoe Bay by imposing relevant conditions (conditions 32 and 33).











 

Neil McPherson

McPherson Family

10 Young Street

BERMAGUI NSW 2546

§ The land to which this development applies was originally set aside for combined senior/age living in-conjunction which commercial i.e. shops.

§ The previous Council during 2012 conveniently changed the use of this land to accommodate the Fabcot/Woolworths application for single use commercial permitting senior living. The community did not understand or support this change in this zoning primarily removing the senior living provision.

§ Is the only remaining land in Bermagui for senior/age living close to the village will be lost forever.

§ Application will impact on the greater region (Narooma) of the South Coast of NSW and should be forwarded the Joint Regional Planning Panel for additional and independent consideration.

§ At the time when this application was lodged a build cost of this development being above $10m, should have been forwarded to the regional planning panel for review.

§ The bulk and scale of this development together with an expansive car park is not in character with the village heritage landscape.

§ Population growth will not exceed that of the applicants project population.

§ Economic and social impact of this development will see the closure of many more shops creating a Woolworths monopoly. You will see the shops in Lamont St disappear along with the necessity for public transport.

 

Conflict of Interest

 

§ According to Council’s assessment report “a peer review was commissioned of the applicant impact assessment, by Location IQ and that of Wakefield Planning. This review was carried out by an independent consultant – Hill PDA.” Councillor’s this review may be challenged given that Hill PDA list on their website as being Woolworths major client.

§ Could Council advise me why there seems to be a focus on assessing Wakefield Planning submission as opposed to the applicant development submission.

§ Why do we use an external condition rather than the RJPP and the Council’s planners to conduct a detailed analysis?

§ Council own assessment report is purely commentary.

§ Finding of Hill PDA review states “It is unlikely that the market around Bermagui could support a development of this nature” and “Confirms that there would be some impact on the existing centre”. Then fails to explain or challenge this impact.

§ Suggestion that Council at its own cost contract a temporary fence made from poles and hessian to demonstrate the bulk and scale of this proposed building. And then seek from the residence further appraisal.

 

Further consent conditions

 

§ All roofing and building material shall be non reflective and of passive design complementing the community building and surf club.

§ Montague Street signage and pole should be assessed and changed to a height and size to ensure that the signage does not compete against the natural lighting and that of the war memorial and natural surrounds.

§ The Canary Island palms shall be retained onsite , not just assessed.

§ Pedestrian path shall be provided within the car park to allow access from Montague St to the shop entrance.

§ Council may ask the applicant to reduce the number of excess car parking spaces to cater for a designated pedestrian path.

§ The mechanical plan sound barriers shall be constructed to ensure that the barrier do not exceed the 10 metre height limitation measure from natural ground at the unnamed lane. Request the applicant alters the plan to reflect this requirement.

§ All transport deliveries and departures are carried out in accordance with preferred traffic plan using the unnamed lane as opposed to Young St.

§ The signage/pole in Montague St to be reduced to a max of 3 metres. Similar to all other signage within the town of Bermagui.

§ Total building height including mechanical plan screening to be within 10 metres.

§ Use of horizontal wall timber cladding, roof material and colour, complementing the heritage design and materials of the adjacent commercial and residential buildings.

§ Given that most traffic and pedestrian access to the development is via Montague St, there is no justification to upgrade lighting in Young St.

 

Kathleen Sherwin-Ozawa

87 Comben Lane

BERMAGUI NSW 2546

§ Opposes the large scale development in a low density residential area, metres from the iconic Horseshoe Bay beach and contrary to community expectations that the land was dedicated to seniors housing.

§ Area has historical and cultural significance to Aboriginal people and to European settlers.

§ Scale of development in small seaside communities, planked in low density residential area can impact on people and their families.

§ Wakefield Planning Assessment clearly pointed out the development proposal breeches the Bega Valley Environment Plan of 2012 and many of the B2 zone objectives.

§ Creating conflict between the residential and commercial zones.

§ Pedestrian access, increased traffic flow, noise and hustle and bustle.

§ Views being impacted.

§ Parents have no northerly aspect but will stare onto a 9m wall.

§ DCP draft plan has recommended a 7.5m height limited for Bermagui, what about shadows, light (lack of) air flow.

§ Noise impacts from traffic generation.

§ Noise impacts from construction process and 24/7 disruption from air conditioners, generators, refrigeration etc.

§ Recommended trading hours 7am – 10pm should be further restricted in keeping with the local traders 8am – 6pm.

§ Seaside village character changed.

§ Substantial business failure if likely and a ‘ghosting’ of the main street.

§ Large scale commercial development is contrary to community expectations that the land was dedicated to seniors housing.

§ Safety also becomes an issue around large scale car parks and liquor outlets.

 

Cathy McGee

On behalf of Sweet Home Cobargo

§ Profound effect a Woolworths store will have on such a small town as Bermagui, Cobargo and Tilba.

§ Ethically, Woolworths does not fit with our community or our livelihoods eg Woolworths owns 80% of poker machines in this country and will not support reform in support of gambling addicts and their families.

§ Small business cannot withstand the buying strength of a big corporation like Woolworths.

§ Believes Council is uncaring and doesn’t listen to its rate payers or support small businesses.

§ Our own business development has had unreasonable restrictions incorporated into or DA that is greatly disabling our operations. Would it be the same for Woolworths.

§ Local supermarkets and many other businesses, including us, will be ‘squashed’ and will close, causing hardship not only to businesses, but the community generally – including a socially disadvantaged and aging population.

§ Bermagui is a small town and the infrastructure that is in place is insufficient to cope with the transient population that eventuates in holiday time.

§ We have more than enough super shops in the area. We drive to Narooma and Bega to use banks, medical, legal and other services, and always do our shopping out of town at these times.

§ Scarring of Bermagui’s beautiful skyline and the impact this will have on our sleepy seaside village and all its residents – including congesting the already poor traffic flow through the village.

§ Councillors are our representatives and are, to date, neglecting to heed the concerns of constituents. They have said NO to a retirement village, but YES to a whopping big Woolworths.

 

Johannes Wuebbels

Wakefield Planning

§ Location IQ who prepared an economic impact assessment for the developer included that for many businesses the impact would be “greater than 10% but did not quantify this. In our work, we sought to do this.

§ We surveyed shoppers in Bermagui, we conducted a random survey of households in the trade area, and we also surveyed businesses. We estimate that at the very least a transfer of expenditure from existing businesses to Woolworths will be 26% of total expenditures in Bermagui, and potentially much higher. 60% of businesses are very seasonal, and that 36% of businesses are unprofitable or marginal. Even a 10% impact would likely render these businesses unviable. Nearly 70% of businesses are dependent on this seasonal peak

§ Instead, in our view, the effects are much wider than just the SPAR and are an economic effect that is a town planning matter. We disagree with HillDA on this point.

§ We also note that HillPDA does not provide a specific analysis of impacts; instead they seem to go along with the Location IQ estimates. As I said before these simply indicate for some impacts “greater than 10%” which can include the figures we estimate.

§ One of our main concerns regarding the Woolworths is that it would not be part of the “main street”. By sitting behind the main street, and with no direct pedestrian connections to it, people will be encouraged to “one stop shop” at the Woolworths, particular as it proposed liquor.

§ As we said in one of our submissions, there is one chance and one chance only to “get it right” in terms of a new supermarket in Bermagui, Population growth is low, and opportunities are limited for substantial additional numbers. This means that a mistake now, will not solve itself through population growth. It is for this reason that we consider a conservative approach to impacts it critical.

§ In summary, we still believe that the transfers of expenditure that would occur in Bermagui with a Woolworth’s development would place many businesses there at risk, particularly those that sell competing goods. These include:

 

The existing SPAR Supermarket

Existing liquor stores

Newsagent

The existing 777 business

The butcher

The fresh fruit and vegetable stores

The hot bread shop

Sweetshop

Coffee shops

 

§ If these businesses fail, this will also have flow-on effects to non-food and grocery businesses, particularly those that depend of passing trade.

§ Also, local businesses support other local businesses such as accountants and other providers of business services who would lose business. The level of support provided to community groups and organisations would also drop

 


Council

20 March 2013

Item 8.1 - Attachment 4

Additional information from Woolworths

2.                                                                    


Council

20 March 2013

Item 8.1 - Attachment 5

Review of Submissions

 

 

Submissions Summary and Assessing Officer comments

 

KEY ISSUE - TRAFFIC

ISSUE

COMMENTS FROM SUBMISSIONS

ASSESSING OFFICERS COMMENTS

Traffic generation and safety

No legal access from Lamont Street to Lamont Lane

It is noted that there is no legal pedestrian access through private properties from Lamont Street to the Unnamed Laneway.  Adequate pedestrian access is provided via existing footpath facilities in Lamont St, Montague St, Young St and Wallaga St.  Improved pedestrian access within the site is recommended as a condition of consent.

Access to Lamont Lane and the possibility of it changed to one-way access

The possibility of the Unnamed Laneway being changed to ‘one-way’ would need to be through recommendation of the Local Traffic Committee.  The heavy vehicle delivery route as described and assessed in the Council Report is considered to be appropriate, subject to upgrading works within the lane.

Lamont Lane is completely inadequate to support heavy vehicular traffic

In relation to the adequacy of the Unnamed Laneway, staff concur that the lane would require upgrading to accommodate the additional heavy vehicle traffic.  Suitable conditions of consent are included in the Draft Consent.

Size of delivery vehicles and the associated pressure on existing road infrastructure in and around Bermagui

The existing road network can suitably cater for this nominated sized vehicle subject to improvements in the Unnamed Lane and at the intersections of Bunga, Wallaga and Montague Sts.

Potential damage to the surface and pavement of Lamont Lane caused by delivery trucks

There is potential for Lamont St to have increased wear and tear as a result of the development however heavy vehicle traffic already traverse the main street on a regular basis and Councils normal road maintenance activities address any wear and tear.  It is noted however that any damage to Council assets during construction (which includes road infrastructure) would need to be repaired at the developers cost.

Increased heavy traffic generation within Bermagui and increased additional traffic flows through quiet residential streets e.g. Montague, Corunna and Young Streets

In terms of heavy vehicles, the application has been modified to remove the need for such vehicles to use the residential streets of Young & Corunna St.  The Traffic Assessment has assessed additional vehicle movements in this area of Bermagui and concludes that the existing road network can suitably cater for the increases in traffic.  Council staff concur with these findings.

Upgrade and ongoing maintenance of existing road infrastructure would pose a financial burden on existing ratepayers

All road upgrading requirements generated by this development would be at the full cost of the developer.

Proposed trading hours and truck unloading times will cause increased amounts of traffic congestion

It is proposed as conditions of consent that delivery hours, construction hours and trading hours be limited to minimise any adverse impacts on the locality.

The impact heavy traffic generation will have on surrounding historic bridges

It is noted that the historic bridges in the area were not the designed for heavy vehicles traffic, however there are currently no load limitation of those bridges and heavy vehicles already utilised the various roads into Bermagui.  Such bridges are monitored under Councils bridge maintenance program and will continue to be put under pressure regardless of this particular development.

Traffic lights in a small coastal town are inappropriate and unnecessary

No traffic lights are proposed or required by this development.

No consideration has been given to existing electricity/telegraph poles and the impact on proposed routes for large delivery vehicles

Councils assessing staff have considered in their assessment to location of services including electricity.  The heavy vehicle route has been modified to avoid some of these constraints and where infrastructure is impacted, the developer would be responsible for any modifications to such.

The increase of heavy traffic generation will increased risk of traffic accidents, particularly among the young and elderly

All efforts have been undertaken to ensure a safe and workable traffic route is achievable for the subject development, with appropriate pedestrian crossings, signage and linemarking to maximise road user safety.

Increased heavy traffic generation causing safety concerns for children and pedestrian network

All efforts have been made to separate, as much as possible, pedestrian areas from loading areas and heavy vehicle traffic areas, noting that heavy vehicles already utilised the Unnamed Laneway and the surrounding streets of the commercial area.  Pedestrian access is not encouraged down the Laneway and no footpath is proposed in this regard.  Additional modifications are considered to be required in the onsite carpark to ensure pedestrian paths and desire lines are satisfactory, and a condition of consent is recommended in this regard.

Pedestrian/cyclist safety

Safety concerns for elderly persons residing in close proximity to the site

Appropriate pedestrian access is available to the subject site.  Additional carparking for ‘seniors’ is recommended to be provided onsite as a condition of consent.  The development would comply with the Building Code of Australia and the Disability (Access to Premises) Standard 2010.

Safety concerns regarding the lack of fencing surrounding the car park, given the 3m drop

An appropriate condition of consent is recommended requiring fencing along the top of the Young Street retaining wall.

Parking

Proposed turning circle in the Engineering detail will consume many existing car parking spaces in Bunga, Young and Wallaga Streets

The heavy vehicle has been amended to ensure no on-street parking is adversely affected/removed as a result of this development

Height levels of car park behind the building at 2-6 Lamont Street, Bermagui

 

 

 

 

There would be minimal transition between the carpark and the Unnamed Laneway.

KEY ISSUE - SOCIAL IMPACT

Safety and security

The negative social impact and increase in antisocial behaviour/increased crime rate due to the proposed trading hours, given the lack of 24 hour Police presence in Bermagui

The proposal was assessed in accordance with the principles of Crime Prevention Through Environmental Design and appropriate conditions in relation to lighting, surveillance, hours of operation and landscaping have been recommended in response to ensuring the development can be adequately operated with crime prevention in mind.

Unnecessary to approve an additional liquor outlet in a small town that already has three existing outlets

The issue of approval of an additional liquor licence within Bermagui will be a matter for the Office of Liquor, Gaming and Racing.  A Community Impact Statement would accompany any such application to the OLGR.

The proposed car park area being lit up during the evenings will attract youths as a place to skateboard etc. which would be a disturbance to residents

The issue of loitering is a police matter. 

Community spirit

Loss of village feel and social amenity due to increased noise and traffic impacts attributed to the proposed development

The proposed development would be located within an established commercial zone and is considered to be an appropriate use of the land.  Noise and traffic impact and suitable mitigation measures have been addressed and detailed in the Council Report.

Loss of local culture

The comment of loss of local culture is noted however assessing officers find no evidence to suggest this would be an impact of the proposed development.  In relation to the potential for Aboriginal archaeology on the site, should any items of significance to uncovered during construction, all works must stop and advice sought from the Office of Environment and Heritage.

Possibility of long term residents having to relocate to seek employment

The Economic Impact Assessment by Location IQ (for the appliacnt) concludes that it is likely that up to 88 jobs would be generated by the proposed development and estimates up to 10% of jobs may be lost through direct competition on existing businesses (ie 9 jobs).  The economic impact on the Bermagui business precinct is not considered to be significantly adverse as detailed in the Economic Impact Assessment Peer Review and summarised in the Council Report.

Loss of unique coastal village atmosphere and close knit community

The location of the proposed supermarket, within the existing commercial zone but behind the main street shops, will ensure that a compact business precinct is maintained and therefore would be minimal visual impact from public areas and reserves.  The proposed design is considered to be appropriate for the coastal village setting of Bermagui and vistas from public areas would remain substantially intact.

Proximity to sensitive areas

Increased heavy traffic generation within Bermagui and safety concerns for children in relation to the playground situated opposite Lamont Lane

The site is located within a commercial zone and heavy vehicles already utilise this area.  Any additional impacts on the caravan park or children’s park are not quantifiable.  Suitable footpath with pram crossings are available in Montague Street to access to the site.

Increased heavy traffic generation causing safety concerns for children in relation to the pre-school and caravan park situated nearby

In relation to the preschool location, the modification to the heavy vehicle access route has removed the need for trucks to transverse Young Street in front of the preschool.

KEY ISSUE - NUISANCE

Trading hours

The negative social impact and increase in antisocial behaviour due to the proposed trading hours, given the lack of 24 hour Police presence in Bermagui

Trading hours and delivery hours are proposed to be restricted, as detailed in the Council Report.

Proposed trading hours and truck unloading times will cause increased amounts of noise

Light spill

Proposed size, style and amount of lighting and utility installations associated with the development and the glare of the roof will be intrusive to surrounding residents and streetscape

Suitable roof colour and material are proposed to minimise reflectivity.

Increased heat generation and reflection due to building materials and hardstand surface areas

The comment in relation to heat from the building and hardstand areas is noted.  Suitable landscaping of the carpark areas is proposed to add shading to this area.  Additional landscaping is also required in between the building and the carpark to improve amenity and shading.

Additional detail required for any lighting associated with the car park area

Suitable conditions of consent in relation to light spill are recommended.  A lighting plan is also required to be submitted with the construction certificate detail.

Noise impact

Attendant noise may impact upon the amenity of surrounding residences and tourist accommodation

An Acoustic Impact assessment was conducted by the Marshall Day Acoustics and reviewed by staff.  Various conditions of consent are recommended in relation to noise from plant and equipment and delivery vehicles to ensure the development complies with the NSW Industrial Noise Policy.

Noise impacts from delivery vehicles on tourism and residential properties in the vicinity surrounding Lamont Lane

Proposed trading hours and truck unloading times will cause increased amounts of noise

 

 

 

 

 

 

 

Trading hours and delivery times are proposed to be limited through appropriate consent conditions.

KEY ISSUE – ECONOMIC IMPACTS

Employment

Negatively impact Net employment in Bermagui

The findings and assessment of the economic impact of the proposed development is detailed in the Council Report.

Large supermarkets operate self-serve checkouts and automated stock control, reducing the amount of employment opportunities for local people

The applicant details 79 jobs (net increase) would be generated at the supermarket, and 33 jobs would be generated during construction.

This development will reduce the number of employment opportunities for school-leavers who are currently employed by existing businesses, forcing them to leave the area to seek employment

There is no quantifiable data to suggest this to be the case.  Refer to the HillPDA Peer Review for additional details.

Existing businesses

The economic impact on existing small businesses

Direct business competition is not a valid town planning consideration under the provisions of the Environmental Planning and Assessment Act 1979.

Proposed development will have an anti-competitive impact to existing businesses and imposes a greater market dominance

An economic impact assessment has been conducted by the applicant and peer reviewed and the staff are satisfied with the findings that there would be no significant adverse impact on the viability of the Bermagui business precinct as a result of this development.

Existing business owners spend their profits locally and regularly support local community/sporting groups and charities

Comment noted

Large supermarkets do not support local producers/suppliers/tradespeople

The matter of large supermarkets contribution to the community is not a matter for Council in its consent authority role.

Property owners

Concerns for ratepayers with the waiver of head works charges for water infrastructure upgrades required for the proposed development

Staff agree that there should be no waiving of any water contributions for this development.

Upgrade and ongoing maintenance of existing road infrastructure would pose a financial burden on existing ratepayers

The developer would be required to upgrade the road system to cater for this development, as detailed in the Council Report and Draft Consent.  Normal maintenance of public roads is a role for Council as the roads authority.

Development in close proximity to residential areas may negatively impact property values

The impact on property values is not a valid town planning consideration under the provisions of the Environmental Planning and Assessment Act 1979.

Proposed development may cause existing businesses to close therefore creating vacant premises in the main street, resulting in financial loss to owners of commercial premises

Direct competition is not a matter for Council in its consent authority role.  The Economic Impact Assessment Peer Review concludes that the Bermagui town centre will remain vibrant and viable as a result of this development and would act more like a Local Centre providing the weekly shopping needs of residents.

KEY ISSUE - ENVIRONMENTAL IMPACT

Location of the development

Site is unsuitable for such a large scale development because of its location in relation to surrounding residential areas

Suitable buffers have been designed into the development to provide an appropriate transition between the commercial zone and the residential zone.  All efforts have been made through the assessment of the development to ensure dwellings in the residential zone are not affected to a significant degree.

Environmental impact due to large site excavation required to accommodate a level site

Whilst a large excavation of the site is proposed, the resulting reduction in bulk and scale of the development is considered to be advantageous, particularly for residential developments in the Young Street residential zone.  Suitable environmental controls would be required to be in place prior and during construction to ensure the site excavation is controlled (eg Soil & Water Management Plan and Dust Control Plan)

Runoff

The environmental impact due to potential increased runoff from the development site into Horseshoe Bay

The applicant proposes to install a water quality unit on the site to treat stormwater prior to discharge which would treat/capture gross pollutants, total suspended solids, phosphorus and hydrocarbons.

The environmental impact due to potential increased and polluted runoff from the proposed development whereby a large portion is hard surface car park area

Suitable onsite detention of stormwater is also proposed, as is rainwater harvesting.

Pollution

Increased levels of pollution from increased traffic generation

This concern is noted, however no quantifiable data is available to suggest this is correct. 

One benefit of the providing a larger supermarket in Bermagui is in providing for the weekly shopping needs of residents.  This may lead to a change in shopping behaviour and travel time/trips to other service centres (Bega and Narooma) which would have a positive impact on greenhouse gas emissions through reduced vehicle usage.

Heritage

Proposed development is not in scale with existing commercial buildings and does not complement the surrounding heritage landscape

The scale of the building is not considered to be incongruous to other surrounding commercial developments.   The impact on visual amenity is discussed in detail in the Council Report.

Visual impact of the development from the headland reserve which is of considerable significance to the local Aboriginal people

View impacts (vistas) from key public places have been considered in the assessment of the proposal and the development design was found to be satisfactory in this regard.

Design

The proposed design does not give any consideration to ecological sustainable development in terms of choice of materials, building orientation, renewable energy sources, rainwater reuse or energy usage minimisation

Some modifications to the sustainability initiatives of the development are recommended through conditions of consent (improved rainwater harvesting, installed of solar hot water system, consideration of roof ventilation).  The applicant has also committed to installed high efficient water fittings and high efficiency lighting.  Staff conclude that the principles of ecologically sustainable development have been suitably considered in this application.

The development will place added pressure to existing water, sewerage and waste disposal infrastructure

The development is required to contribute to water and sewer infrastructure through payment of Section 64 Contributions.

The operator of the site would be responsible for engaging a waste contractor to service the site.

Rates are also payable for water, sewer and waste.

Trees will have to be removed to accommodate the design

It is proposed that the applicant be required to retain the Canary Island Palms onsite, if deemed possible by an arborist.  Additional supplementary landscaping is also required as detailed in the Council Report and Draft Consent.

KEY ISSUE - AESTHETICS

Visual Impact

Application contains inaccurate view analysis data and does not provide a true representation of the view affected by the development

A detailed view impact assessment, in accordance with the Land & Environment Court view sharing principles was conducted by the assessing officer which is detailed in the Council Report.  The view impacts are considered to be reasonable in the circumstances of the case.

Lack of adequate landscaping and Council Policy for its ongoing maintenance

Suitable landscaping will be provided subject to compliance with recommended conditions of consent.

Proposed development will negatively impact visual and natural amenity and does not complement its surrounding environment

The proposal has been suitable designed and located to minimise visual impact on surrounding land uses.  The most affected property (11 Young Street) is located with the commercial zone.  The building has been sited to minimise impact on that dwelling by incorporating setbacks of 2.5 metres to the side boundary and 6 metres to the Young Street boundary, which is considered to be acceptable.  Suitable design modifications to the materials and articulation of the building made been made by the applicant in order to assess concerns raised in submissions and through the assessment of the application.

Additional detail required for screening of roof top refrigeration plant equipment

Details of the screening of the roof top plant and equipment is provided in the addendum to the Acoustic Report.  The design of which is considered to be satisfactory.

The likelihood of shopping trolleys being discarded around Bermagui will be unsightly to locals and visitors

The matter of shopping trolleys is a matter for the Centre Management.

The development proposes to be above the maximum height limit which may set precedent for future development

The development complies with the maximum 10 metre height limitation for Bermagui.

Signage

Proposed signage will be intrusive to surrounding residents and streetscape

The applicant was requested to modify the height of the proposed pylon sign and as such has reduced the height from 8m to 5m, which is considered to be more appropriate.

The height of the proposed signage on Montague Street is excessive and will negatively impact streetscape

In addition staff recommend that the sign on the Young Street elevation be deleted to minimise visual impact on residential properties on the opposite side of Young Street.

KEY ISSUE - STRATEGIC OBJECTIVES

Tourism and image of Bermagui

Size, scale and position of the supermarket may detract from the small coastal village atmosphere which is a popular tourist destination

This issue of visual impact, scale and streetscape has been detailed in the Council Report and elsewhere in this Attachment.  The proposal is considered to be satisfactory in this regard.

Development will cause loss of small town charm and character

Public Transport

The existing bus service (to Narooma and Bega) may be negatively impacted due to the reduction in use

This is not a matter for Council in its consent authority role.

The proposal needs to include infrastructure to compliment the bus stop at the expense of the applicant, not Council

There is no proposal for Council to provide a bus shelter at this point in time in Montague Street.  The local bus operator has indicated that the bus would stop in Montague Street to service the development.  Should Council deem it necessary, it could ask the developer to contribute to the provision of a bus shelter through a Voluntary Planning Agreement.  This would need to be at the agreement of the developer.

Zoning

The proposed rezoning this land for commercial purposes when it was partially donated for the purposes of a retirement facility

Council staff are not privy to any records in relation to the land being donated for retirement facility purposes (the land was/is not public land).   Notwithstanding, the Illawarra Retirement Trust sold the land in December 2011 to Fabcot and the development of the site for a supermarket is permissible in the zone.

The location of the proposed development divides the commercial area in Bermagui and the proposal does not provide sufficient access from the existing commercial development to the proposed supermarket

The siting of such a use within the main commercial precinct (known as an ‘in-centre’ development) is consistent with recognised town planning principles and would provide a consolidation commercial precinct.  Access to and within the general commercial precinct is considered to be reasonable.

Population

The applicants population predictions for Bermagui and surrounding areas is unrealistic, and the need for another Woolworths supermarket is questionable

The Peer Review by Hill PDA undertook a suitable review of population forecast and an assessment of the main trade area for Bermagui and concluded that the population forecasts used by the applicant were reasonable.

Legislation and Policies

The development is a contravention to EP&A Act 1979, BVSC Commercial Strategy Paper 2006, BVSC Bermagui and Wallaga Lake Structure Report 2008, Land Use Planning Strategy 2008, BVSC Draft Development Control Plan 2011, NSW Coastal Policy, South Coast Regional Strategy, BVSC Coastal Design Guidelines, BVSC Local Environmental Plan 2002

The proposed development has been assessed in consideration of all relevant Council adopted plans and policies and the South Coast Regional Strategy.  The proposal is considered to be consistent with the strategic direction set for Bermagui and is consistent with the objectives of the zone.

SUGGESTIONS

Conditions

If it is approved, that conditions of consent be imposed in relation to signage, lighting, trading hours, pedestrian access, infrastructure upgrades and maintenance

Suitable conditions of consent are recommended in relation to these matters.  Refer to the Council Report and the Draft Consent.

If it is approved, that conditions of consent be imposed in relation to during the construction phase not being between 7am-7pm and limit general hours of operation be from 7am-8pm

Alternative Sites

Consideration should be given to relocating the development to Cobargo

Comment noted.  Council must assess the application before it.

Consideration should be given to relocating the development to the industrial area

Comment noted.  Council must assess the application before it.

 


Council

20 March 2013

Item 8.1 - Attachment 6

Location IQ Economic Impact Assessment Report 19 March 2012

 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 6

Location IQ Economic Impact Assessment Report 19 March 2012

 


Council

20 March 2013

Item 8.1 - Attachment 6

Location IQ Economic Impact Assessment Report 19 March 2012

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 7

Location IQ Review of Wakefield Planning Submission September 2012

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 8

Wakefield Planning Submission 30 May 2012

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 8

Wakefield Planning Submission 30 May 2012

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 8

Wakefield Planning Submission 30 May 2012

 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 9

Wakefield Planning Supplementary Economic Report 13 July 2012

 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 10

Wakefield Planning Response to Location IQ Review of Wakefield Planning Submission 21 November 2012

 


 


 


Council

20 March 2013

Item 8.1 - Attachment 11

Economic Impact Assessment Peer Review - Hill PDA 29 November 2012

 


 


 


 


 


 


 


 


 


 


 


 


 


Council

20 March 2013

Item 8.1 - Attachment 12

Draft Development Consent

2.                                                                    

 

 


Council                                                                                                            20 March 2013

 

 

staff reports – infrastructure Waste and Water (Accessibility)

 

20 March 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

11.1         Bega Valley Local Traffic Committee Meeting 6 March 2013...... 254

11.2         Licence for the Upper Level of the Tathra Wharf - Museum....... 260

11.3         Tender 7/13 Central Waste Facility Civil Works Package............ 263

11.4         General Sportsground and Recreation Committee - Project Allocations............................................................................... 267

11.5         Council Maintained Roads: Legal and Practical Access.............. 270


Council 20 March 2013                                                                                      Item 11.1

 

11.1.       Bega Valley Local Traffic Committee Meeting 6 March 2013     

 

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held on 6 March 2013.

 

Group Manager Infrastructure, Waste & Water  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 6 March 2013, the minutes of which have been distributed separately. It is a requirement that Council formally adopts the recommendations, prior to action being taken. All recommendations were supported unanimously by the Committee.

 

ATTACHMENTS

1View. Plan of accessible parking and motorcycle parking in Gowing Lane, Bega

 

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 6 March 2013 and approve the following:

Gowing Lane, Bega - Disabled Accessible Parking Space and Motorcycle Parking Space

1.      That Council approve the installation of an accessible parking zone and a motorcycle parking zone located off the eastern end of Gowing Lane, Bega as indicated on the attached plan.

Anzac Day March and Service – Candelo

1.      That the proposed traffic arrangements for the Candelo RSL Sub Branch Anzac Day March and Service on 25 April 2013 be approved and deemed a Class 2 special event.

2.      That a section of Council road at William Street, Candelo be temporarily closed on Thursday, 25 April 2013 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with Traffic Control Plan 3831.

Anzac Day March and Service – Eden

1.      That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March be approved and deemed a Class 2 special event.

2.      That sections of Council roads at Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2013 for the Eden RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan 3822.

Anzac Day March and Service - Merimbula and Pambula

1.      That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula be approved and deemed a Class 2 special event.

2.      That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula be approved and deemed a Class 1 special event.

3.      That sections of Council roads in Main Street, Market Street and Beach Street, Merimbula and Quondolo Street, Pambula be temporarily closed on Thursday, 25 April 2013 for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

4.      That the temporary closure of the Princes Highway, Pambula is a matter solely for Roads and Maritime Services.

Anzac Day March and Service – Bega, Bemboka, Tathra and Wolumla

1.      That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega and Anzac Day March and Service in Bemboka be approved and deemed a Class 1 special event.

2.      That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 special event.

3.      That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Thursday, 25 April 2013 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans.

4.      That the temporary closure of the Princes Highway, Bega and the Snowy Mountains Highway, Bemboka are matters solely for Roads and Maritime Services.

Merimbula Jazz Festival Street Parade – 8 June 2013

1.      That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10am to 11am on Saturday, 8 June 2013 for the Merimbula Jazz Festival street parade.

2.      That, subject to conditions, Beach Street, Merimbula between the Market Street and Alice Street intersections be temporarily closed between 10am to 12pm on Saturday, 8 June 2013 for the Merimbula Jazz Festival street parade and performance.

3.      That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade on Saturday, 8 June 2013, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

7.      That organisers have written Police approval prior to conducting the event.

Candelo Village Festival – 13 April 2013

1.      That, subject to conditions, sections of William Street and Panbula Street, Candelo be temporarily closed from 12pm on Saturday, 13 April 2013 to 1am on Sunday, 14 April 2013 for the Candelo Village Festival.

2.      That the proposed traffic arrangements involving the temporary closure of William Street and Panbula Street, Candelo for the Candelo Village Festival on Saturday, 13 April 2013, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.      That organisers fully implement an approved Special Event Transport Management Plan.

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.      That organisers have written Police approval prior to conducting the event. 

7.      That the event achieve all conditions of DA 2008.0012, including parking provisions.

Merimbula 10km Fun Run and 5km Fun Run/Walk – 26 May 2013

1.      That Council support the Merimbula Fun Run and Walk on 26 May 2013, in principle, subject to:

a)      Review of the Traffic Control Plan; and

b)      Verification of Roads and Maritime Services requirements to deactivate the traffic lights at the intersection of Market and Monaro Streets and from the event organiser regarding the proposed times for the deactivation.

2.      That, subject to conditions, sections of the following Council roads be temporarily closed between 8am to 12pm on Sunday, 26 May 2013 for the Merimbula Fun Run, with detours put in place:

a)      One lane of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

b)      Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c)       One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d)      One lane of Beach Street, Merimbula between the Market Street and Main Street intersections;

e)      One lane of Main Street, Merimbula between the Beach Street and Lake Street intersections;

f)       Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

3.      That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 26 May 2013, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

7.      That organisers have written Police approval prior to conducting the event.

 


Council

20 March 2013

Item 11.1 - Attachment 1

Plan of accessible parking and motorcycle parking in Gowing Lane, Bega

 


Council 20 March 2013                                                                                      Item 11.2

 

11.2.       Licence for the Upper Level of the Tathra Wharf - Museum     

 

Council is the Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056) for access, heritage purposes and public recreation. The Pig and Whistle Fleet Club Incorporated are seeking a new licence agreement, for the operation of the museum on the upper level of the Tathra Wharf Building.

 

Group Manager Infrastructure, Waste & Water   

 

Background

Whilst the entire Wharf forms part of the Tathra Foreshore Reserve, its management can be viewed as an amalgamation of three distinct elements, being the decking area, the restaurant area and the museum area. This report deals only with the museum area, which is located in the upper level of the warehouse building on the Wharf.  The deck area remains in Council control, while the restaurant area, located downstairs, is the subject of a separate Expression of Interest (EOI) process, for a three plus three year lease arrangement.

In regard to the upper floor of the warehouse building, a temporary licence was executed between the Tathra Reserve Trust and the Pig and Whistle Fleet Club Incorporated on 1 May 2012 for the period of eight months. As the licence was for a term of less than 12 months, it is considered a temporary licence under Section 108 of the Crown Lands Act and therefore approval of the Minister was not required.

The Land and Property Management Authority (LPMA) guidelines recommend that an Expression of Interest (EOI) process be undertaken for all permitted commercial uses on Crown reserves. Accordingly, an EOI for the management of the museum area was called during September/October 2009 and advertised in all local papers for a period of 28 days. This resulted in only one expression, which was lodged at the time by the Pig and Whistle Fleet Club Incorporated.

ISSUES

Legal

As this licence agreement is not for a commercial purpose and the last EOI for the management of the museum area in 2009 resulted in only one expression, lodged by the Pig and Whistle Fleet Club Incorporated, Council will seek approval from the Minister to waive the EOI process, prior to entering into a new licence.

Asset

A report was presented to Council on 3 May 2011, which presented advice received from Museums and Galleries NSW, in relation to an inspection conducted of the “museum” located on the upper level of the Wharf building. The report indicated that the space was not appropriate for a museum, due to the harshness of the environment, condition of the building and the inability to provide a suitable space for the storage and display of original items.

Museums and Galleries NSW suggested that a more suitable and effective facility may be a professionally developed information/centre display that outlines the story of the Wharf, its history, heritage and its role in the early transport of NSW. They also advised at that stage that the current displays would need to be either replaced or upgraded to a more professional standard.

The Pig and Whistle Fleet Club have indicated that they wish to continue with the interpretive display located in the upper level of the Wharf. Volunteers have opened the museum between the hours of 10am and 4pm on Saturday and Sunday and the same hours during weekdays, over school holiday periods.

Social / Cultural

Other museums in the Shire are currently managed by incorporated bodies, operating under agreement with Council. Management by an incorporated body clarifies issues such as insurance liability, grant seeking, financial management, collection administration and day to day management requirements. 

Economic

The Wharf and building have significant issues that may have an economic impact, including costs in maintaining the building and need for extensive upgrades to allow other uses. The Heritage listing compounds this aspect.

Resources (including staff)

Staff resources will be required for the management of any new licence arrangement, as well as the maintenance requirements of the Wharf and building

Conclusion

At the end of the current eight month licence period, Council should seek the Minister’s consent to enter into a five year licence agreement with the Pig and Whistle Fleet Club Incorporated without the need to enter into a competitive Expression of Interest (EOI)  process.

 

ATTACHMENTS

Nil

 

Recommendation

1.      That Council negotiate with Crown Lands to negate the need for an Expression of Interest process and enter into a suitable licence agreement with the Pig and Whistle Fleet Club Incorporated for the occupation of the upper level of the Tathra Wharf warehouse building.

2.      That Council obtain the Minister’s consent to the licence, in accordance with the requirements of the Crown Lands Act.

3.      That the Mayor and General Manager be authorised to execute the necessary documentation.

 


Council 20 March 2013                                                                                      Item 11.3

 

11.3.       Tender 7/13 Central Waste Facility Civil Works Package     

 

This report details the outcomes of evaluation of Tender 7/13 for the Wanatta Lane Central Waste Facility Civil Works Package and recommends award to the preferred tenderer.

 

Group Manager Infrastructure, Waste & Water   

 

Background

The Central Waste Facility (CWF) Civil Works Package involves the construction of the internal access roads, Landfill Cell 1, stormwater ponds, leachate treatment ponds, the installation of the landfill barrier system, leachate collection and conveyance system. Building works and engineering services will be undertaken separate to the Civil Works Package.

The Civil Works Package was publically advertised on 22 January 2013 in the Sydney Morning Herald, Canberra Times, local newspapers and on the Council website.  A site inspection was conducted for tenderers on 6 February 2013.  The tender closed on 20 February 2013.

Tender documents were issued to 14 companies and five tender submissions were received from:

·    James Excavations

·    Hewatt Earthworks

·    RD Miller

·    TRN Group, and

·    Webber Earthmoving

The tender submissions were assessed against the following evaluation criteria:

Non-Price Criteria

Weighting

Past Projects & Referees

25%

Financial

Compliant / Non-Compliant

Key Staff

5%

Sub-Contractors, Suppliers

10%

Programme

5%

Quality

Compliant / Non-Compliant

WH&S

Compliant / Non-Compliant

Environmental

Compliant / Non-Compliant

Current Workload

5%

Total:

50%

Price Criteria

Weighting

Lump Sum

40%

Price Breakdown

10%

Total:

50%

 

Given the importance of the Landfill Barrier System, the Leachate Collection and Conveyance System, a greater weighting was given to the Non-Price Criteria of tenderer’s experience in lined landfill cells (or equivalent) and the specialised subcontractors / suppliers nominated. The Price Criteria weightings were reduced accordingly.

ISSUES

Legal

The Development Consent for the CWF Project was issued by the Joint Regional Planning Panel on 3 August 2011.

The Construction Certificate for the CWF Civil Works Package was issued by BVSC Planning Section on 19 December 2012.

The tender process complied with the Local Government Act 1993.

Environmental

A comprehensive Environmental Impact Statement for the CWF Project was completed in November 2009.

The NSW Department of Environment, Climate Change and Water (DECCW) issued the General Terms of Approval for the CWF on 11 February 2010.

The Environment Protection Authority (EPA) issued the Environment Protection Licence (Scheduled Development Works) for the CWF on 11 September 2012.

A Landfill Environmental Management Plan for the CWF was completed in September 2012 and included the following subordinate plans:

·    Groundwater, Surface Water, Leachate and Dust Monitoring Program

·    Soil and Water Management Plan

·    Landfill Gas Management Plan

·    Rehabilitation and Management Plan

·    Grazing Management Plan

 

Asset

The site for the CWF is Council owned land, Lot 3 DP 592206 Wanatta Lane.

Strategic

The CWF is a strategic project central to the Council Waste Management Strategy “2020 Vision on Waste”.

Consultation

Extensive community consultation has taken place in relation to the CWF Project.

Financial

The CWF preliminary project budget (2010/11) for Stage 1, i.e. construction up to and including Landfill Cell 1, is $3.864M. The Civil Works Package scope of works constituted $2.040M of this budget.

The preferred tendered price is within this budget estimate and with the provisional sum for haulage of excess material to Merimbula Landfill is on budget.

Resources (including staff)

The CWF Project Engineer will manage the CWF Civil Works Package.

Conclusion

The CWF is a strategic project central to the Council Waste Management Strategy “2020 Vision on Waste”.

The Civil Works Package is the next significant stage in the development of the CWF and the tender should be awarded.

 

ATTACHMENTS

1.         Confidential Memorandum to Councillors (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the tender from (insert) in relation to contract for the works described in Tender 7/13, in the amount of $(insert) (excluding GST), subject to variations and provisional sums.

2.      That authority is delegated to the General Manager to execute all necessary documentation.

3.      That other tenderers be advised of Council’s decision.

 


Council 20 March 2013                                                                                      Item 11.4

 

11.4.       General Sportsground and Recreation Committee - Project Allocations     

 

The General Sportsgrounds and Recreation Committee recommend funds be released for identified projects, conditional on the approval of acceptable project plans.

 

Group Manager Infrastructure, Waste & Water  

 

Background

The General Sportsgrounds and Recreation Committee (GSRC) met on 25 February 2013 and gave consideration to funding projects for the remainder of 2012/2013. The GSRC previously recommended Round 1, 2012 (funding 2012/2013) of the Sportsgrounds and Recreational Facilities Improvement Fund (SRFIF) in 21 May 2012, which was adopted by Council on 12 June 2012.

Consideration was given to Round 2, 2012 (funding 2012/2013), which normally would have occurred in August 2012, but did not proceed pending Council’s decision regarding the Operational Plan and funding of the Pambula Sporting Complex.  In this regard, Council on 12 December 2012 resolved as follows:

“1.   That Council refer the Pambula Sporting Complex concept plan to the General Sportsground and Recreation Committee for comment and consideration for provisional funding of up to $150,000pa for Complex projects over 2013/14.

2.    That Council receive a Facility Management Plan and financial cost analysis for the ongoing costs of maintaining the sporting complex asset once completed and those reports include the value of contributions made by volunteers to the maintenance of the asset.”

Also before the GSRC were a number of cost additions for current projects, as well advice regarding several large projects proposed to be developed in the foreseeable future. These included clubroom facilities at George Griffin Oval (Bega), George Brown Oval (Eden) and the replacement of Dickinson Park Facilities (Bermagui).

The Committee was keen to continue the implementation of prioritised projects, which demonstrate genuine improvements to the Shire’s sporting and recreational infrastructure and accordingly recommended as follows:

·    The GSRC did not support the automatic allocation of $150,000 for the Pambula Sports Complex, but that the Complex make application in accordance with the SRFIF Guidelines and be considered along with other projects and be subject to the same assessment criteria.

·    That additional funding be provided to projects in progress as follows;

(a)   Pambula Sports Complex concrete slab and stormwater drainage      $10,000

(b)   George Brown Oval bitumen road in lieu of concrete path                     $3,078

(c)   George Brown Oval additional water connection costs                          $2,431

(d)   Evans Park additional funds for electricity relocation                           $20,000

(e)   Bega Netball additional funds for small retaining wall                            $7,000

·    That the GSRC call for applications, by public advertisement, for funding of sport and recreation projects in May 2013.

This report seeks Council resolution to adopt the projects recommended by the GSRC so that works may continue and be completed as planned.

ISSUES

Legal

Legislative requirements including Council’s requirements to follow relevant sections of the Local Government Act (1993), the NSW Work Health and Safety Act (2011) and relevant Council policies and procedures must be met before the Group Manager Infrastructure, Waste and Water can approve the project plans.

Environmental

The project plans, once finalised and endorsed by the Group Manager Infrastructure, Waste and Water, will meet the conditions of the Local Environment Plan (2002) including the submission of Development Applications where required and plans of management where relevant.

Asset

The project plans, once finalised and endorsed by the Group Manager Infrastructure, Waste and Water will meet Council’s requirements for works undertaken by Community Groups or Committees of Council on Council owned or managed assets. It is noted the proposed squash courts as a staged development at Pambula Sports Complex has received development consent.

Social / Cultural

The projects were previously prioritised through the assessment process and rated highly as meeting identified community priorities as outlined in the SRFIF Guidelines.

Consultation

Due to legislative, policy and duty of care requirements, Council has developed a procedure for works undertaken by Community Groups and Committees of Council for projects at Council owned or managed sporting and recreation facilities.

The GSRC noted the procedures required for preparation, assessment and undertaking of projects.

Financial

The total of the financial allocation being sought is $42,509 and is fully funded by revenues from the 2012/13 special rate variation, approved for improvements to the sporting and recreational facilities in the Shire.  Approximately $179,000 remains in that rate variation for 2012/13. A separate allocation of $100,000 from the LPMA caravan parks reserve for the Pambula Sports Complex remains in place.

 

ATTACHMENTS

Nil

 

Recommendation

1.      That Council note the GSRC did not support the automatic allocation of $150,000 for the Pambula Sports Complex but that the Complex Management Committee be invited to make application in accordance with the GSRC Guidelines and be considered along with other projects and subject to the adopted criteria.

2.      That Council authorise expenditure to a maximum of $42,509 from the General Sportsgrounds and Recreation Fund towards the cost of the following priority projects, conditional on the endorsement of an acceptable project plan by the Council’s Group Manager Infrastructure, Waste and Water.

(a) Pambula Sports Complex complete concrete slab and drainage             $10,000

(b) George Brown Oval bitumen road in lieu of concrete path                         $3,078

(c) George Brown Oval additional water connection costs                               $2,431

(d) Evans Park additional funds for electricity relocation                                $20,000

(e) Bega Netball additional funds for small retaining wall                                 $7,000

3.      That Council note the procedures in relation to preparation, assessment and undertaking of projects considered by the GSRC.

 


Council 20 March 2013                                                                                      Item 11.5

 

11.5.       Council Maintained Roads: Legal and Practical Access     

 

This report recommends adoption of standards, based on the Comprehensive Development Control Plan 2013, for legal and practical access for development on a Crown portions or Crown allotments in R1, R2 and R4 zoned land.

 

Group Manager Infrastructure, Waste & Water  

 

Background

This report follows the Notice of Motion raised by Cr Fitzpatrick on 6 February 2013 and was deferred due an address on the matter at that meeting. That notice of motion was reconsidered at the meeting on 27 February 2013 and further information was requested by Councillors. A copy of Councillor Fitzpatrick’s notice of motion from 6 February 2013 and background is attached.

It is proposed to clarify legal and practical access requirements for developments on Crown portions and Crown allotments by adopting the proposed standards as nominated in the Comprehensive Development Control Plan 2013. These developments may occur without further subdivision.

A copy of the report from 23 December 2008 is attached.  Minute Number 590/08 from that meeting resolved:

“That standards be adopted for legal and practical access to developments on Crown portions and Crown allotments based on the requirements of Development Control Plan No. 2.

Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard with any construction within a Crown Road Reserve being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1.q with a report to Council to consider approval.”

ISSUES

Legal

Council, as the roads authority, is responsible for the control of public roads that are vested with Council, but not all public roads are currently on Council’s maintenance schedule or in its ownership.

For the purpose of assessing applications for the use of land for a dwelling, unless the property has direct access from an existing Council maintained public road, or is connected to such a road by a formal easement for access or right of carriageway, the application is not considered.

To permit the development of these Crown allotments and Crown portions, the development of this land should not be a burden on Council. Any construction within the Crown road reserve requires consent from the Crown, either minor or major. Consent is usually only forthcoming if Council agrees to take over the ownership and subsequent maintenance responsibility for that road. Council was not willing to take over roads that provided access to developments, without suitable upgrading of those roads. It is this issue that previously generated the adoption of Procedure 4.1.1q.

In the event that a DA is approved, with or without road condition standards, the Crown will, as a matter of process, transfer Crown road reserve to public road reserve and thereafter it will be under Council’s care and control.

Policy

Council may alert the development standard for roads (for example either the trigger being subdivisions of 5 lots, or the standard of surface being gravel or bitumen). That standard would then be embedded in the new Development Control Plan.

Upgrading of Council public roads and Crown public roads to achieve the requirement of the procedure is considered to be reasonable in some circumstances. Compliance with this procedure is achieved if, at the time of issuing a Construction Certificate for building work, Council has resolved to take over maintenance of the particular section of road.

Council should only take over maintenance where the standard of the road would require the minimum amount of maintenance so as not to unduly burden the resources of Council. A 6.4 metre wide bitumen seal road would appropriately achieve this and result in an asset being transferred to Council at the standard required for ongoing maintenance.

Where the developer does not agree to the upgrading of the road to this standard, then the application would be not supported by staff in their assessment.

Environmental

As a condition of consent, any application requiring the construction of access roads will need to take into consideration the natural environment in relation to erosion and sediment control and the Native Vegetation Act 2003.

Asset

Maintenance of access via a right of carriageway, right of access or easement for access over private lands will be the responsibility of the users of that access. If a new Council public road is constructed, then the standard of construction required should ensure that Council would not be required to perform any regular maintenance for the first ten years of its service life.

Strategic

The strategic value in the creation of these additional access roads complements the requirements for Planning for Bushfire Protection and the minimum construction requirements are in the same order as set down by the NSW Rural Fire Service.

Financial

Council should not bear any financial burden if access is provided by right of carriageway, right of access or easement for access over private lands. However any new Council maintained public road will require long term maintenance to be carried out by Council.

Operational Plan

There would be minimal impact on the operational plan in the short term, as a result of adoption of this practice, as any developer would be responsible for upgrading the relevant section of road to bitumen sealed standard. The maintenance costs for Council would be minimal for the first ten years after sealing of the road, but Council would then meet resealing costs for the road.

Conclusion

Councillors had workshopped this matter last month. Crown Portions can no longer be created or further subdivided. The development standard would apply to existing Crown Portions that already have building entitlements and does not nominate the number of lots.

In the context of Councillor Fitzpatrick’s Notice of  Motion, when the owner of such land wants to build a house (or rural worker’s dwelling or attached dual occupancy or bed & breakfast), then the following could apply:

1.         That for rural development of Crown Portions (where permitted by the relevant planning instrument) including single dwelling houses, rural worker’s dwellings, attached dual occupancies and bed & breakfast accommodation, where access is only available via a Crown Road Reserve, such access is to require the construction of a 4.0m wide gravel road, incorporating suitable drainage and appropriate crossing of watercourses.

2.         Notwithstanding NSW Government Policy that requires the Crown Road to become a Council public road at the time of development, it is Council Policy that the road will not be maintained by Council and that a note be placed on the title of the land to this effect.

3.         That this standard apply from the commencement of the new Comprehensive Development Control Plan.

Staff have suggested a construction standard for access to Crown allotments and Crown portions should be adopted based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2. Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval.

 

ATTACHMENTS

1View. Council Maintained Roads: Legal and Practical Access Report of 23 December 2008

 

Recommendation

1.   That the construction standard for access to Crown allotments and Crown portions be based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2 - Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval,

2.   That the standard be included in the requirements of the Comprehensive Development Control Plan 2013.

 

 


Council

20 March 2013

Item 11.5 - Attachment 1

Council Maintained Roads: Legal and Practical Access Report of 23 December 2008

 


 


 


 

 

 


Council                                                                                                            20 March 2013

 

staff reports – governance and strategy (leading organisation)

 

20 March 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.  

12.1         Certificate of Investments made under Section 625 of the Local Government Act 1993.............................................................. 279

12.2         Internal Audit Committee:  Appointment of independent representatives........................................................................ 283

12.3         Australian Local Government Association National Congress - Call for Nominations....................................................................... 285


Council 20 March 2013                                                                                      Item 12.1

 

12.1Certificate of Investments made under Section 625 of the Local Government Act 1993     

 

To report the details of Council’s investments during the month of February 2013.

 

Finance Manager   

 

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 9 October 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $52,000,100. These funds can be broken into the following Funds:

 

Funding source

December 2012

January 2013

February 2013

General Fund

$41,137,322

$37,633,675

$37,406,634

Water Fund

$8,749,118

$8,749,118

$8,749,118

Sewer Fund

$5,844,348

$5,844,348

$5,844,348

 

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

 

ATTACHMENTS

1View. 2013.03.20 ATTACH Certificate of Investment Report February 2013

 

Recommendation

1.      That the attached report indicating Council’s Investment position be received and noted.

2.      That the Certificate of the Responsible Accounting Officer be noted.

 


Council

20 March 2013

Item 12.1 - Attachment 1

2013.03.20 ATTACH Certificate of Investment Report February 2013

 


 


Council 20 March 2013                                                                                      Item 12.2

 

12.2.       Internal Audit Committee:  Appointment of independent representatives     

 

Following an Expression of Interest process, Council must now consider the appointment of two independent representatives to the Internal Audit Committee.

 

General Manager   

 

Background

Following the resignation of the independent member from Council’s Internal Audit Committee and election of new Council last September, expressions of interest from suitably qualified community members have been sought to act as independent representatives on an Internal Audit Committee (IAC).

Three expressions of interest have been received for the consideration of Council. They are from:

·    Mr Ivan McKay

·    Mr Terrence Bunn

·    Mr Geoff Steel,

ISSUES

After an initial request for Resume and Volunteer Application forms, interviews were conducted with a panel including Chair of Leading Organisation Committee. The panel recommended Terence Bunn and Geoff Steel. It is proposed Mr Steel will also continue as the independent Chairperson of the IAC. Councillor Ann Mawhinney will remain as the councillor representative. While the General Manager and other staff may assist the IAC in an advisory or reporting capacity, only the three members can vote.

Financial

Whilst the independent representatives are not remunerated for their roles on the IAC, all out of pocket expenses will be reimbursed. An allocation for this purpose is included in the Corporate Governance area of the 2012/13 Budget.

 

Funding source

 

Amount

Internal Audit Expenses

$

44,000

Conclusion

The former IAC adopted its 2012-2015 Strategic Audit Plan, with a number of projects progressively the subject of internal or external reports to the IAC, then minutes to Council. It is expected the new committee will meet four times per year, and provide commentary on the risk management plan and annual financial statements.

 

ATTACHMENTS

Nil

 

Recommendation

That the following persons be appointed as independent representatives to the Internal Audit Committee:

·    Mr Terence John Bunn

·    Mr Geoff Michael Steel

 


Council 20 March 2013                                                                                      Item 12.3

 

12.3.       Australian Local Government Association National Congress - Call for Nominations     

 

Presenting proposed motions for the Australian Local Government Association (ALGA) National Congress 6 – 19 June 2013.

 

General Manager   

 

Background

The National General Assembly of Local Government will be held at the National Convention Centre in Canberra between 16 and 19 June 2013.

The assembly is calling for motions under the following principles:

1.         Motions that fall under the theme “Foundations for the Future – Twenty 13”
2.         Be relevant to the work of local government nationally; and
3.         Complement or build on the policy objectives of state

On 27 February 2013 Council resolved:

1.    That Council endorse Crs Taylor, Fitzpatrick, Allen, Seckold and the General Manager to attend the ALGA 2013 National General Assembly at the National Convention Centre in Canberra on 16 to 19 June 2013, with the necessary travel and accommodation costs to be defrayed by Council.

2.    That Councillors provide the General Manager with items to be considered via report to Council for submission as motions to the Assembly under the themes:

·      Motions that fall under the theme “Foundations for the Future – Twenty 13”

·      Be relevant to the work of local government nationally; and

·      Complement or build on the policy objectives of state and territory associations

Cr Liz Seckold has put forward the following motions for the consideration of Council and approval for lodgement with ALGA for the National Congress.  The deadline for motions for inclusion in the Business Papers for the National Congress is Friday 26 April.

 

Motion No 1:

That the National General Assembly request the Federal Government to introduce legislation banning plastic shopping bags and support State & Local Governments wishing to impose this ban. (principle 2)

Background: This is already implemented in some LGA’s & South Australia. The ban would reduce little clean up and the potential deaths of sea life that eat plastic bags or become entangles in them.

Motion No 2:

That the National General Assembly call on the Federal Government to consider ongoing capital funding for social housing & land.

Background: Adequate public housing and land acquisition for affordable housing is a priority for Australian Families particularly those of low socio economic status. (principle 1)

Motion No 3:

That the National General Assembly call on the Federal Government to institute a system collating information on type and location of land acquired by foreign ownership especially where there are significant water, mineral or food resources.

Background: Sustaining current and future populations in Australia is paramount.  Australia may well export food to S.E Asia & China in the future.

Local Councils cannot monitor changes in ownership.

This motions is similar to Bega Valley Shire Council’s 2012 motion – Listed as motion number 81 in the National Congress Business Paper) but even more relevant now – (principle 2)

Motion No 4:

That the National General Assembly adopt the principle of optional e-voting for Local Government elections on a trial basis.

Background: With the roll out of NBN, this has potential to reduce costs & attract more voters to participate in Local Government elections.

 

ATTACHMENTS

Nil

 

Recommendation

That Council consider if the motions proposed by Councillor Seckold, or any asddtional motions, be lodged with Australian Local Government Association (ALGA) for inclusion in the Business Papers for the National Congress to be held 6 – 19 June 2013.