Agenda of Council - 16 April 2014

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 16 April 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 26 March 2014 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 – Sustainability (Planning and Environment)

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

8.1 Draft Bega Valley Shire Council Climate Change Strategy................................ 10

8.2 Proposed Woolworths supermarket - Montague Street, Young Street and Unnamed Laneway, Bermagui...................................................................................................... 63

8.3 Planning Proposal Residential Zones............................................................ 124

8.4 Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land.......................................... 134

8.5 Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra.................................................................. 139

9 Staff Reports – Liveability (Community and Relationships)

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

9.1 Council Vacation Care Program, Bega.......................................................... 154

9.2 NSW Public Library Funding......................................................................... 158

9.3 Formation of sportsground management committees.................................... 161

10 Staff Reports – Enterprising (Economic)

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 – Accessibility (Infrastructure Waste and Water)

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

11.1 Water Supply and Sewerage Strategic Business Plan.................................... 166

11.2 Bega and Brogo Rivers Flood Study at Bega Final Report Findings............... 170

11.3 Management Models Merimbula Airport........................................................ 174

11.4 Bega Valley Local Traffic Committee Meeting 2 April 2014............................. 179

11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station 181

12 Staff Reports – Leading Organisation Governance and Strategy)

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

12.1 Loan Borrowing Program............................................................................. 185

12.2 Communications and Community Engagement review .................................. 187

12.3 Community Engagement and Communications Reference Group................... 192

12.4 Land Acquisition for sewage pump station - Stringybark Place, Millingandi .... 195

12.5 Australian Local Government Association National Conference - attendance and call for nominations................................................................................................ 229

12.6 Women in Sport - promotion by Bega Valley Shire Council ........................... 231

12.7 Certificate of Investments made under Section 625 of the Local Government Act 1993 257

12.8 General Managers Performance Agreement................................................. 262 .

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

14.1 2014 Australian Coastal Conference.............................................................. 265

14.2 Delegates Report - LG NSW Tourism Conference.......................................... 278

14.3 ALGWA Annual Conference 2014.................................................................. 282

15 Rescission/alteration Motions

15.1 Rescission Motion - Pambula Sporting Complex - Funding for Indoor Multipurpose Facility 285

16 Notices of Motion

16.1 Request for zoning of Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone...................................................................................... 288

16.2 Notice of Motion Pambula Sporting Complex - Funding for Indoor Multipurpose Faciltiy 289

17 Urgent Business

18 Questions On Notice

18.1 South East Fibre Exports (SEFE) Woodchip Mill Operations......................... 291

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 16 April 2014 Item 8.1

8.1. Draft Bega Valley Shire Council Climate Change Strategy

The Draft Bega Valley Shire Council Climate Strategy articulates the projects and programs Council is currently seeking to implement to address climate change. The Strategy is predominately focussed on Council’s own operations and integrates risk management, legislated responsibility, greenhouse gas reduction and appropriate adaptation strategies.

Group Manager Planning & Environment

Background

Council’s Climate Change Strategy (the ‘Strategy’) establishes the strategic framework and responsibilities of Council regarding climate change and its own corporate sustainability. It provides background information and details the range of issues it faces in being both an effective representative of the community and a corporate entity. Additionally, it identifies the key areas where Council will focus its efforts to address climate change and reduce the impacts of its own operations.

The Strategy takes four strategic directions to:

1. Lead the implementation of effective climate change programs locally;

2. Reduce greenhouse emissions, environmental impact and be more resource efficient;

3. Adapt to and plan for climate change; and

4. Identify opportunities to support the community to innovate in markets, technologies and institutions to build community and business resilience.

ISSUES

Legal

Council has legislated responsibilities under the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 that are directly impacted by climate change including:

- Land use planning;

- Emergency management;

- Service provision (e.g. water & sewer and community programs); and

- Infrastructure provision (e.g. roads, drainage).

Council’s insurer (Statewide) now requires climate change impacts to be taken into account as part of Council’s risk profile. By not doing so Council’s insurance premiums would be increased.

Policy

Council adopted a Climate Change Policy in July 2013.

Environmental

Climate change is a significant threat to biodiversity of the Shire and the strategy supports Council’s broader efforts to protect and enhance the Shire’s unique natural environment.

Sustainability

The Strategy identifies ways to reduce Council’s corporate environmental impact with specific attention to greenhouse emissions and energy reduction.

Asset

Council manages a diverse range of assets in the Shire. The Strategy seeks to protect and enhance many of these assets (e.g. pump stations, bridges and roads) from the impacts of climate change (e.g. coastal hazards, flooding) in a coordinated and integrated way.

Social / Cultural

The Strategy proposes to support and develop appropriate community programs which help the community to successfully adapt to the impacts of climate change.

Economic

The Strategy specifically identifies building a resilient local economy as important to long term sustainability of the Shire. Through supporting new market opportunities and encouraging the Shire in the localised production of goods and services, Council can build a resilient community more adept at addressing local and global climate change impacts.

Additionally, the Strategy seeks to reduce Council’s corporate energy consumption which will help contain Council’s costs of service delivery.

Consultation

The Draft Climate Change Strategy has had significant staff input. Initial feedback from Councillors has led to some re-formatting of the document to place greater emphasis on Council’s role in implementing actions. The draft is now ready for public consultation and feedback prior to finalisation by mid-2014.

Operational Plan

The 2013-14 Operational Plan identifies the completion of the Climate Change Strategy in 2013-14.

Conclusion

The Draft Climate Change Strategy helps position Council to effectively address the challenge that climate change presents. This preparedness will assist the Shire become more resilient and sustainable over the long term.

ATTACHMENTS

1 . BVSC Climate Change Strategy 2014

2 . Appendix A Climate Change Strategy 2014

Recommendation

That Council resolves to exhibit the Draft Bega Valley Shire Council Climate Change Strategy in local media and on Council’s web pages for a minimum period of 28 days.

Council 16 April 2014 Item 8.2

8.2. DA No. 2013.405: Proposed Woolworths supermarket - Montague Street, Young Street and Unnamed Laneway, Bermagui

Group Manager Planning & Environment

Applicant	Fabcot Pty Ltd c/- The Planning Group
Owner	Fabcot Pty Ltd
Site	Lots 11-15 Section 8 DP 758095, 1-9 Young Street, Montague Street and Unnamed Laneway, Bermagui
Zone	B2 Local Centre
Site area	6060m²
Proposed development	Construction of a supermarket and two speciality retail tenancies, caparking, landscaping and associated advertising signage.

Precis

Council, at its meeting of 26 March 2014, gave consideration to a staff report on the proposed development and, following deputations, resolved to defer the matter in keeping with Council’s Code of Meeting practice.

This report provides comment on the issues raised during the deputations and in response to the additional items contained in the Council Resolution.

The application is recommended for approval subject to conditions.

Background

A staff assessment report for the proposed development was submitted to the Council meeting held on 26 March 2014 with the following recommendations:

1. That Development Application 2013.405 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, Young Street and Unnamed Laneway, 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.

After hearing deputations, Council resolved the following:

1. That Council note that following addresses to Council, the item be deferred in keeping with Council’s Code of Meeting Practice, for further report to Council.

2. That reasons for refusal be included in the report, including further advice on the economic impact on Bermagui and the Shire as a whole.

3. That the report include further discussion on adhering to Prof Phillip Cox and the Far South Coast National Trust’s recommendations.

4. That consideration of a left hand only turn from the car park onto Montague Street and then to Lamont Street be explored.

5. That the issue of footpath access from the site through to Lamont Street and to Young Street, including disabled access or ramping, be explored.

6. That the opportunity to require the developer to make a contribution to public footpaths be considered.

7. That consideration be given to the Liquor Store being removed from the Development Application.

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 1,852.3m² comprising;

· 1,542m² of retail space plus 95m² loading dock

· Specialty retail shop with a gross leasable floor area of 152m²

· Specialty retail shop with a gross leasable floor area of 63.3m²

· Carparking area with a total of 87 car spaces plus 2 motorcycle spaces

· Advertising signage, lighting and landscaping

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

An extract from the development plans is provided as Attachment 1, 2 & 3. A full set of the drawings, including amended plans, will be available for viewing at the Council meeting.

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, 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 4.

DETAILS OF DEPUTATIONS TO COUNCIL

Four deputations were made to Council on the proposed development application. Staff comment is provided on each of the four deputations.

Dr Frances Perkins on behalf of the Far South Coast Branch of the National Trust

The majority of issues raised in Dr Perkins deputation have previously been addressed in the report to Council of 26 March 2014. The following additional comments are provided by staff on several other matters.

Draft consent condition No. 12 in Attachment 5 details the requirement for the spacing of the timber columns on the Montague Street façade, requires the whole of the Montague Street façade to be timber cladding (with the exception of the loading dock), and requires the Young Street façade, Laneway façade and Montague Street loading dock façade to be metal ship lap profile cladding in a dark grey colour (in addition to the timber cladding already shown on the plans). This is consistent with the recommendations of Professor Philip Cox’s review of the development design.

To further achieve Professor Cox’s recommendations, draft consent condition No. 12 has been amended to also include reference to the diameter of the timber colonnade poles, that being 400-450mm diameter.

The issues raised in relation to pedestrian access to and within the Unnamed Laneway, fencing and landscape opinions for the site have been addressed in the previous report to Council. Staff consider the proposed development to be satisfactory in regard to these matters.

For the purpose of Item 3 of the Council Resolution of 26 March 2014, the key aspects of Professor Cox’s recommendations have been addressed through draft conditions of consent, where appropriate.

Mr Geoff Steel, resident of Montague Street, Bermagui

Traffic generation

The issue of traffic generation raised by Mr Steel has been addressed in the previous report to Council (including a specific response in the Summary of Submissions as per item 21 of Attachment 6 of this report).

‘Left Turn Only’ to Montague Street

Mr Steel’s deputation also raised the possibility of requiring the developer to install a ‘Left Turn Only’ directional sign at the Montague Street exit of the supermarket development, to encourage motorists to turn left onto Montague Street towards Lamont Street, hence avoiding the adjoining residential areas of Bermagui.

This possibility was put to the Applicant, whose response was as follows;

“We have reviewed the potential left hand turn only sign from the car park exit to Montague Street. We wish to retain the proposed left/right egress as lodged in our development application as this provides a more even distribution of vehicles.

Limiting customers to a left turn only out of the car park will force customers that live to the south to either backtrack through Lamont Street or Lamont Lane to Wallaga/Bunga Street increasing overall vehicle movements on those streets”.

Staff advise that a ‘Left Turn Only’ sign, if installed, would only be advisory directional signage and could not be patrolled or enforced by Council or police, as it would not relate to formal road directional signage. Staff also see merit in allowing motorists to turn either direction from the development site, as directional signage would likely cause confusion, which in itself could create a traffic hazard.

Montague Street has adequate capacity to cater for the projected increase in traffic (which at peak times would likely see 80 vehicle movements per hour). Montague Street, Young Street, Wallaga Street and Lamont Street are all collector roads which are designed to cater for these types of vehicle movements and therefore the surrounding road networks are considered to be able to cater for the proposed development.

For the purpose of considering Item 4 of the Council Resolution of 26 March 2014, it is considered that a ‘left turn only’ sign from the development is not needed nor encouraged for the reasons highlighted above.

Contribution to footpath construction

Mr Steel’s deputation also requested that Council consider requiring the developer to contribute funds towards footpath construction in the surrounding residential streets of Montague Street, Corunna Street, Barragoot Street, Murrah Street and the top of Wallaga Street.

Council does not have the ability to require the developer to contribute to the provision of footpath construction other than along the frontage of a development site, as no Section 94 Contribution Plan is in place to levy such a contribution. Council also does not currently have a Voluntary Planning Agreement Policy in place under which such works could be incorporated.

A pedestrian footpath is already provided along the Young Street and Montague Street frontages of the site.

For the purpose of Item 6 of the Council Resolution of 26 March 2014, contributions for footpath formation, remote from the development site, cannot be lawfully levied.

The constraints to installing a footpath in the Unnamed Laneway were discussed in the previous report to Council and later in this report.

Fencing of the site

The proposed fencing of the site includes a 1 metre high balustrade style fence on top of the required retaining wall structures (in Young Street and part of the Unnamed Laneway frontage). The fencing style indicated on the development plans is best described as open pool-style fencing. There is no fencing proposed on the Montague Street frontage.

Staff do not object to the general location, height or style of the proposed fencing, however a condition of consent is recommended requiring the final design of the fencing to be submitted to Council for approval prior to the issue of a Construction Certificate.

A 1.8m high timber paling fence is proposed for the western boundary to the adjoining neighbour, which is considered to be appropriate for privacy reasons.

[Refer to draft Consent Condition No. 11]

Provision of a second entry point from the Unnamed Laneway

Council’s assessing staff discussed with the Applicant the possibility of another entry point onto the Laneway. The Applicant provided the following response;

“The DA lodged provides a designated accessible pedestrian path to the intersection of the Unnamed Laneway and Montague Street. This is in accordance with Council’s conditions of the previously approved DA on the site (see below).

25. A designated accessible pedestrian path shall be provided wholly within the site from the Montague Street frontage (at the Unnamed Laneway intersection) running parallel to the laneway and connecting to the main entrance of the supermarket.

From this point the existing pedestrian footpath on Montague Street provides direct access to Lamont Street. This proposed access provides a much safer alternative to a pedestrian access point adjacent to the loading dock with informal access through private properties”.

As detailed in the previous report to Council, direct access onto the Laneway is not encouraged by assessing staff, due to the potential conflicts between vehicles and pedestrians. The comments contained in the report to Council of 26 March 2014 remain valid in that the formalisation of a pedestrian discharge point directly into the Laneway would not be in the interests of pedestrian safety.

Walkway or arcade through to Lamont Street

Whilst staff agree that an interconnecting walkway from the Unnamed Laneway to Lamont Street would be beneficial to the overall business precinct, Council cannot compel access over private land that are unconnected to the development site. Should individual landowners wish to incorporate facilities on their own land to provide such an interconnection; that would be encouraged by Council staff.

Ms Nadine Hills, resident of Akolele

The issues raised in Ms Hills deputation, regarding economic and social impacts, have been fully documented and considered in the staff assessment as detailed in the report to Council of 26 March 2014.

Mr Paul Payten on behalf of ‘No to Woolworths Supermarket in Bermagui’

The majority of issues raised in Mr Payten’s deputation have previously been addressed in the report to Council of 26 March 2014. A number of matters raised in Mr Payten’s deputation require clarification here however, as follows;

· The proposed setback of the building from Young Street is 3 metres. Mr Payten’s reference to 2 metres refers to a suggestion from the National Trust in their submission. A 3 metre setback from Young Street is considered to be acceptable in providing a suitable landscape buffer and visual separation to adjacent residential properties.

· There is no ‘drop off area’ for shoppers or street furniture proposed in Young Street. Mr Payten’s reference is also to a suggestion from the National Trust in their submission. Staff consider that there is adequate access for pedestrians from Montague Street. Public transport can drop off in Montague Street as well.

· In relation to the provision of water for fire-fighting purposes there is no proposal for above ground tanks to service the development. The developer has several options available in servicing the site, including augmenting the existing mains or providing onsite storage (which could be underground storage tanks). Should the applicant propose above ground tanks (which is unlikely) separate approval from Council would be required to enable staff to assess the impacts of such.

· The rainwater harvesting system design and detail would be submitted with the Construction Certificate material, as per draft consent condition no. 18.

Consideration of Item 5 of the Council Resolution of 26 March 2014

Item 5 of the Council Resolution of 26 March 2014 was as follows;

That the issue of footpath access from the site through to Lamont Street and to Young Street, including disabled access or ramping, be explored.

Assessing staff consider that the proposed accessible path of travel from the corner of the Laneway and Montague Street, running parallel to the Laneway, to the front entrance of the supermarket is considered to be an appropriate pedestrian link. It is a short walk from Montague Street around the corner to Lamont Street, being the main street of the business precinct.

In relation to an accessible path of travel to Young Street, due to the gradient difference between the proposed supermarket carpark and the footpath level of Young Street, an access ramp would be extensive and is not practical. The addition of the stairs to Young Street was the result of the need to comply with the Building Code of Australia requirements for fire egress.

The proposed access to the development site from Montague Street is considered to be adequate for the scale and nature of the development.

Consideration of Item 7 of the Council resolution of 26 March 2014.

Item 7 of the Council Resolution of 26 March 2014 was as follows;

That consideration be given to the Liquor Store being removed from the Development Application.

Assessing staff consulted with the Applicant in relation to this matter. The Applicant has responded by withdrawing the Liquor Store component from the application and has submitted amended plans deleting all reference to such.

For the purpose of compliance with Council’s notification requirements under Development Control Plan 2013, the withdrawal of the Liquor Store component and replacement with a retail tenancy (Shop 1) does not affect the height or external configuration of the development and therefore the amended plans do not require re-notification to adjoining and adjacent landowners.

A copy of the amended plans is provided as Attachment 1, 2 & 3 of this report.

Consideration of Item 2 of the Council resolution of 26 March 2014.

Item 2 of the Council Resolution of 26 March 2014 was as follows;

That reasons for refusal be included in the report, including further advice on the economic impact on Bermagui and the Shire as a whole.

Assessment of the economic impact of the proposed development has been documented in the staff report to the 26 March 2014. To confirm the staff assessment of the economic impact of the proposed development, copies of the Location IQ reports associated with this development application were reviewed by HillPDA. A copy of the HillPDA response is provided as Attachment 7 to this report.

The advice concludes that there are no suitable grounds for refusal of the proposed development on grounds of economic impact.

For the purpose of Item 2 of the Resolution in relation to possible reasons for refusal, a separate memo from the General Manager is provided for Council’s consideration as Attachment 8 to this report.

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.

A copy of the assessing officer’s Section 79C assessment is provided as Attachment 9.

Zoning

The subject site is zoned B2 Local Centre under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

The proposed supermarket and retail tenancies 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.

Shops are permissible in the zone with development consent. Tenancy 1 and 2, as indicated on the amended development plans, have also been considered as Shops however the first occupancy of each tenancy will require separate approval once a tenant is secured. A suitable condition of consent is recommended to reflect this requirement.

[Refer to draft Condition No. 31]

The objectives of the B2 zone are as follows;

· To provide a range of retail, business, entertainment and community uses that serve 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 on land in the zone and land uses on land in adjoining zones.

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

For the purpose of Clause 2.3(2) of BVLEP 2013, all the zone objectives have been considered in the assessment of the proposal and the construction of a supermarket and retail shops on the subject site is considered to be consistent with those objectives, 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.

· The proposal would not detract from the viability of commercial uses within the zone, as discussed in detail in the previous report to Council of 26 March 2014.

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

conclusion

The proposed development meets the objectives of the zone, is a permissible land use, is considered to achieve the orderly and economic use and development of the 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.

The potential impacts of the proposed development have been outlined in this report and in the previous report to Council of 26 March 2014 and, wherever possible, suitable mitigations measures have been identified, either through the provision of additional information from the applicant, or through recommended appropriate consent conditions.

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 5 to this report.

ATTACHMENTS

1. Development Plan - Amended Site and Floor Plan

2. Development Plan - Amended Elevation Plan

3 . Development Plan - Amended Signage Plan

4 . Locality Plan

5 . Draft Conditions of Consent

6 . Summary of Submissions

7 . HillPDA Letter regarding Economic Impact

8 . Memo from General Manager with draft Reasons for Refusal

9 . Section 79C Assessment Report

Recommendation

1. That Development Application 2013.405 for the construction of a supermarket and two specialty retail tenancies, carparking, landscaping and associated advertising signage at lots 11-15 Section 8 DP 758095, Montague Street, Young Street and Unnamed Laneway, 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 16 April 2014 Item 8.3

8.3. Planning Proposal Residential Zones

The purpose of the report is to detail the outcomes of the public exhibition and government agency consultation of the Planning Proposal for Residential Zones.

Group Manager Planning & Environment

Background

Council at its meeting held on 12 June 2012 gave consideration to a report on the Draft Comprehensive Local Environmental Plan 2010. The resolution of that Council meeting included the following:

“2. That in regard to the draft Comprehensive Local Environmental Plan Council adopts the recommendations for the submissions outlined in:

· Appendix 2 - support (or partial support) for the submission request however, due to the nature of changes proposed, a “planning proposal” is to be prepared by Council and a “gateway determination” by the Minister for Planning is required prior to re-exhibition”.

The lands included in Appendix 2 are deferred matters under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) with the provisions of Bega Valley Local Environmental Plan 2002 applying in the interim.

Status of Appendix 2 Matters

There are a total of 43 matters in Appendix 2 and they have been grouped into similar matters to streamline the documentation required in each planning proposal. Currently five planning proposals have been prepared covering 41 of the matters in Appendix 2. The five (5) planning proposals cover Residential Zones (various lots); Business Zones (various lots); Kalaru Racecourse Industrial Zoning; Minor Mapping Amendments (various lots); and Rural Residential Lot Sizing (various lots).

The Business Zones Planning Proposal is currently on public exhibition until 11 April 2014, the exhibition of the Kalaru Racecourse and Minor Mapping Amendments Planning Proposals will commence on 11 April 2014 and exhibition of the Rural Residential Lot Sizing Planning Proposal will commence on 28 April 2014.

Planning proposals for all but two (2) of the remaining Appendix 2 matters have been drafted and will be finalised in the coming weeks for “Gateway Panel” consideration.

This report is to update Council on the progress of the Residential Zones Planning Proposal including the results of the recent public exhibition and agency consultation.

Residential Zones Planning Proposal

Council staff prepared a planning proposal addressing those matters in Appendix 2 relating to the application of Medium Density Residential Zones. The properties that were included in the planning proposal are:

· Lot 2 DP 1170612 Bega-Tathra Road, Bega

· Part Lot 2 DP 1065871 Newton Road, Bega

· Lots 11 & 12 DP 1030394, Lots 1 & 2 DP 514516, Lots 44 & 45 DP 607614 and Lots 46-49 DP 582290 Lamont Street, Bermagui

· Lot 330 DP 836720 West Street, Bermagui

· Lots 1 & 2 DP 1126141 Princes Highway, Eden

· Lots 209 & 211 DP 1040557 Sapphire Coast Drive, Merimbula.

The objective of the planning proposal is to provide additional supply of medium density residential dwelling and tourist development opportunities to meet demand in existing urban areas identified through submissions to the Draft Comprehensive Local Environmental Plan 2010.

The planning proposal seeks to amend BVLEP 2013 by ‘undeferring’ the subject properties and applying zoning, minimum lot sizes, floor space ratios and heights.

Council received a Gateway Determination for the planning proposal from NSW Planning and Infrastructure and delegation from the Minister of Planning and Infrastructure to make the plan on 1 October 2013. In accordance with the Gateway Determination, the planning proposal was placed on public exhibition for 28 days from 12 February until 14 March 2014 and two public submissions were received. Submissions were also received from the NSW Office of Environment and Heritage (OEH), NSW Rural Fire Service (RFS) and NSW Roads and Maritime Service (RMS).

The exhibition of the planning proposal included notification on Council’s website, in local newspapers and in writing to affected and adjoining landowners. The following section details the submissions received by Council to the planning proposal.

DISCUSSION OF SUBMISSIONS

Lot 2 DP 1170612 Bega-Tathra Road, Bega

Figure 1: Bega-Tathra Road, Bega: Aerial photograph of portion of subject land proposed for zoning R3 Medium Density

The planning proposal aimed to rezone Lot 2 DP 1170612 Bega-Tathra Road, Bega (see Figure 1) from 1(a) Rural General under BVLEP 2002 to part R3 Medium Density Residential Zone and part RU1 Primary Production Zone under BVLEP 2013, with a minimum lot size of 1,000sqm and floor space ratio of 0.6:1 applying to that part of the land proposed to be zoned R3.

One public submission was made to the planning proposal in relation to this land which raised the issue of the implications of rezoning land suitable for food production and provision of long term employment compared with other poorer land in the vicinity.

The impact of the rezoning on the agricultural production value of rural land was addressed by the planning proposal. Approximately 4ha of land is proposed to be rezoned from 1(a) Rural General to R3 Medium Density Residential. This area is classified as Class 3 Agricultural Land in the NSW Agricultural Land Classification Atlas - grazing land or land well suited to pasture improvement.

Council staff consider the potential loss of agricultural land is of minor significance given the small size of the area of land proposed for residential zoning and the scale of primary production in the Bega Valley Shire. Further to this, the remaining 54ha of Lot 2 DP 1176012 is largely classified as Class 2 Agricultural Land in the NSW Agricultural Land Classification Atlas and is proposed to be zoned RU1 Primary Production Zone with a minimum lot size of 120ha.

The RMS raised no objections to the rezoning of the land providing all access to the future development site is obtained via Hospital Drive and not Tathra Road. Council staff consider that internal subdivision access roads required to service subdivided lots or future development will be able to gain satisfactory access from Hospital Drive. Access to this site was incorporated into the preliminary design for the hospital and the subdivision to create the hospital lot. The traffic impacts of future development on the junction of Hospital Drive and Tathra Road will be considered in detail with a Traffic Impact Study for any future development of the land.

The RFS advised that the site is likely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006”.

The OEH raised no objections to the planning proposal in relation to this land.

Part Lot 2 DP 1065871 Newton Road, Bega

Figure 2: Newton Road, Bega: Subject Land Aerial Photograph

The planning proposal aims to rezone Part Lot 2 DP 1065871 Newton Road, Bega (see Figure 2) from 9(c) Arterial Road Reservation under BVLEP 2002 to R2 Low Density Residential Zone with a 550m² minimum lot size and 0.5:1 floor space ratio under BVLEP 2013. This is consistent with adjoining land to the East, the North and the North-West.

No public submissions were made to the planning proposal in relation to this land.

The RMS raised no objections to the rezoning of the land providing all access to the future development site is obtained via Boundary Road and not Newtown Road. Council staff consider that internal subdivision access roads required to service subdivided lots or future development will be able to gain satisfactory access from Boundary Road. The traffic impacts of future development on the junction of Boundary Road and Newtown Road will be considered in detail with a Traffic Impact Study for any future development of the land.

The RFS advised that the site is likely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006”.

The OEH raised no objections to the planning proposal in relation to this land.

Lots 11 & 12 DP 1030394, Lots 1 & 2 DP 514516, Lots 44 & 45 DP 607614 and Lots 46-49 DP 582290 Lamont Street, Bermagui

Figure 3: Lamont Street, Bermagui: Subject Land Aerial Photograph

The planning proposal aims to rezone Lots 11 & 12 DP 1030394, Lots 1 & 2 DP 514516, Lots 44 & 45 DP 607614 and Lots 46-49 DP 582290 Lamont Street, Bermagui (see Figure 3) from 2(a) Residential Low Density under BVLEP 2002 to R3 Medium Density Residential Zone with a 1,000m² minimum lot size and 0.6:1 floor space ratio under BVLEP 2013. This is consistent with adjoining land to the East.

No public submissions were made to the planning proposal in relation to this land.

The RMS raised no objection to the rezoning of the site subject to all access being obtained via local road networks and no direct road access to MR272 (Tuross Road) being permitted to any future development. Council staff note that this will not affect the potential of the land for medium density residential development as all affected lots have satisfactory access arrangements (separate to MR272).

The RFS advised that the site is likely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006”.

The OEH raised no objections to the planning proposal in relation to this land.

Lot 330 DP 836720 West Street, Bermagui

Figure 4: West Street, Bermagui: Subject Land Aerial Photograph

The planning proposal aims to rezone Lot 330 DP 836720 West Street, Bermagui (see Figure 4) from 2(a) Residential Low Density under BVLEP 2002 to R3 Medium Density Residential Zone with a 1,000m² minimum lot size and 0.6:1 floor space ratio under BVLEP 2013.

No public submissions were made to the planning proposal in relation to this land.

The RMS raised no objection to the rezoning of the subject site as it is not likely to result in a major increase on the traffic generation potential of the site or have a significant impact on the classified road network.

The RFS advised that the site is likely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006”.

The OEH raised no objections to the planning proposal in relation to this land.

Lots 1 & 2 DP 1126141 Princes Highway, Eden

Figure 5: Princes Highway, Eden: Subject Land Aerial Photograph

The planning proposal aims to rezone Lots 1 & 2 DP 1126141 Princes Highway, Eden (see Figure 5) from 2(a) Residential Low Density under BVLEP 2002 to R3 Medium Density Residential Zone with a 1,000m² minimum lot size and 0.6:1 floor space ratio under BVLEP 2013. This is consistent with adjoining land to the East.

No public submissions were made to the planning proposal in relation to this land.

The RMS raised no objections to the rezoning of the land providing all access to the future development site is obtained via Storey Avenue and no direct vehicular access is provided to the Princes Highway. Council staff consider that internal subdivision access roads required to service subdivided lots or future development will be able to gain satisfactory access from Storey Avenue. The traffic impacts of future development on the junction of Storey Avenue and the Princes Highway will be considered in detail with a Traffic Impact Study for any future development of the land.

The RFS advised that the site is likely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006”.

The OEH raised no objections to the planning proposal in relation to this land.

Lots 209 & 211 DP 1040557 Sapphire Coast Drive, Merimbula

Figure 6: Sapphire Coast Drive, Merimbula: Subject Land Aerial Photograph

The planning proposal aims to rezone Lots 209 & 211 DP 1040557 Sapphire Coast Drive, Merimbula (see Figure 6) from 2(a) Residential Low Density, 2(b) Residential Medium Density, 6(a) Existing Open Space and 6(c) Private Open Space under BVLEP 2002, to a combination of R3 Medium Density Residential with a minimum lot size of 1,000m² and 0.6:1 floor space ratio, E4 Environmental Living with an average lot size of 3 hectares, RE2 Private Recreation and E2 Environmental Conservation Zones under BVLEP 2013. A maximum height limit of 16m is proposed for the R3 zoned land on Lot 211 with a 10m maximum height limit to apply to the reminder of the land. The proposed R3 zoning is consistent with the adjoining land to the East.

One public submission was made to the planning proposal in relation to this land concerning the need for long term fire controls in the proposed development of the land and the area in general. The submission suggests extending the RE2 zone, light clearing and planting Kikuyu grass to give extra protection to Merimbula.

The RFS advised that access to the western portion of the site is unlikely to be able to satisfy the required bushfire protection measures identified in “Planning for Bushfire Protection 2006” unless an alternative access can be provided. The agency also commented that “Planning for Bushfire Protection 2006” does not generally support clearing native vegetation for the creation of Asset Protection Zones (APZs) within riparian buffer land and consideration should be given to mechanisms which achieve suitable APZs or restrict development in close proximity to urban/bushland interface areas of the site.

The RFS advise that they do not object to the planning proposal, but recommend that Council carry out further assessment of the relevant requirements of “Planning for Bushfire Protection 2006”.

Based on a bushfire report prepared for a recently approved dwelling on the western portion of the property and the conditions required by the RFS, Council staff consider that the site is reasonably capable of achieving the development anticipated by the existing land owner and other development as permitted by the relevant land use tables. It is highly likely that relevant acceptable solutions for the bushfire protection measures, including alternative access and creation of APZs required by “Planning for Bushfire Protection 2006” can be applied to the site to facilitate future development. As such, this matter can be adequately addressed during the consideration of any future development applications on the land.

The OEH advised that it does not support the zonings proposed for this land because there has been no assessment of the likely impacts of development on potential Glossy Black Cockatoo feeding habitat. In addition OEH recommend that ecological and Aboriginal cultural heritage assessments be undertaken prior to further development of the site.

The Bega Local Aboriginal Land Council was notified of the exhibition of the planning proposal but did not make a submission.

Council staff consider that the requirement for ecological and Aboriginal cultural heritage assessments can be appropriately addressed during the assessment of future development applications on the site. The proposed amendments protect the important environmental values of the subject land by either prohibiting or limiting unsuitable development while permitting the development of the less environmentally sensitive land. There are no known Endangered Econogical Communities on the site and it is be expected that any impact on threatended species would be insignificant.

The RMS raised no objections to the rezoning of this land.

Conclusion

Public and agency consultation of the planning proposal has been completed. The issues raised in submissions relating to bushfire, access and traffic management, ecological impacts and Aboriginal cultural heritage can be appropriately addressed in the preparation and assessment of future development applications.

It is recommended that Council proceed to finalise the plan without any variations in accordance with the delegations issued by the Minister for Planning and Infrastructure.

ATTACHMENTS

Nil

Recommendation

1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal Residential Zones.

2. That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That all those persons who have made submissions be advised of the above.

Council 16 April 2014 Item 8.4

8.4. Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land

The purpose of the report is to seek a Council resolution to prepare a Planning Proposal to reclassify certain lands from Community land to Operational land under Bega Valley Local Environmental Plan 2013.

Group Manager Planning & Environment

Background

In conjunction with the preparation of the draft Bega Valley Local Environmental Plan 2013 a review of Council land was undertaken to ensure such land was correctly classified as either ‘Operational land’ or ‘Community land’ under the Local Government Act 1993, depending on the use.

This review identified a number of parcels of land that required reclassification from ‘Community land’ to ‘Operational land’ to reflect the nature of the use of the land. The mechanism for reclassification of the land was through the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) gazettal process.

Schedule 4 of BVLEP 2013 lists the land that was reclassified. A review of the Schedule has identified four parcels of land, identified as part of the review to be reclassified as ‘Operational land’, were not included in Schedule 4. Therefore they remain classified as ‘Community land’.

It should be noted that Council had previously resolved to classify the land as ‘Operational land’, at the time of acquisition, however as the resolution to classify was not notified in accordance with the provisions of the Local Government Act 1993, the classification of the land has reverted to ‘Community land’.

Further a parcel of land at Tarraganda, that is currently classified ‘Community land’, is proposed to be reclassified as ‘Operational land’ to enable Council to enter into a long term agreement with an adjoining owner for access over the Council land, to the Bega River, for pumping purposes.

LAND TO BE RECLASSIFIED OPERATIONAL LAND:

· Lot 11 DP 735675 Waterloo Creek Road, Brogo

Lot 11 was acquired by Council in 1987 for the purposes of a sewer pump station and is currently used for the Brogo River Pump Station. Lot 11 is classified ‘Community land’ under BVLEP 2013 and is proposed to be reclassified to ‘Operational land’ to reflect the existing use of the land.

· Lot 1 DP 1037443 Cnr Imlay & Mitchell Streets, Eden

Lot 1 was acquired by Council in 2002 for the purposes of public buildings and car park area and is currently used for the Eden Gateway Centre office building. Lot 1 is currently classified ‘Community land’ under BVLEP 2013 and is proposed to be reclassified to ‘Operational land’ to reflect the existing use of the land.

· Lot 949 DP 810986 Main Street, Merimbula

Lot 949 was acquired by Council in 1991 for the purposes of a car park and is currently used for the Merimbula Town CBD car park. Lot 949 is currently classified ‘Community land’ under BVLEP 2013 and is proposed to be reclassified to ‘Operational land’ to reflect the existing use of the land.

· Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga

Lot 299 was acquired by Council in 1976 for the purposes of a Rural Fire Service (RFS) shed and is currently used for the Numbugga RFS shed. Lot 299 is currently classified ‘Community land’ under BVLEP 2013 and is proposed to be reclassified to ‘Operational land’ to reflect the existing use of the land.

· Lot 14 DP 249924 Moore Wrens Road, Tarraganda

Lot 14 was dedicated to Council in 1975 for Public Reserve purposes as part of a subdivision approval and is currently classified as community land. The owners of the adjoining Lot 1316 sought approval from Council to gain access over Lot 14 to pump water from the Bega River to provide a water supply to their land. Council agreed to the request and, as a short term solution, Council entered into a temporary licence agreement to enable the owners to legally construct water infrastructure over the Public Reserve (Lot 14) to access the water from the Bega River.

However, as the land is classified as ‘Community land’, Council is unable to enter into a long term agreement or provide an easement for water purposes. Lot 14 is an isolated piece of land with no other access, other than from the steep embankment of the Bega River. Staff consider that the land would be more appropriately classified as ‘Operational land’ to enable long term arrangements to be entered into.

Conclusion

Staff have identified that four parcels of Council owned land, that were identified to be classified as ‘Operational land’ as part of a review during the draft BVLEP 2013 process, were not included in Schedule 4 of BVLEP 2013 as reclassified land. The land remains classified as ‘Community land’. The ‘Community land’ classification is inconsistent with the use of the land for infrastructure purposes and should be reclassified as ‘Operational land’.

Further Lot 14 DP 249924 is a Public Reserve and classified ‘Community land’. Council has entered into a short term licence agreement to enable an adjoining owner to access water from the Bega River over Lot 14.

Lot 14 is an isolated parcel of land with very limited public access. Council is unable to enter into a long term agreement with the adjoining owner while the land is classified as ‘Community land’. The reclassification of Lot 14 to ‘Operational land’ would provide Council with options to either establish a permanent arrangement or possible future sale of part of the land to the adjoining owner.

To facilitate the reclassification of land Council is required to prepare a Planning Proposal to formally amend Schedule 4 of BVLEP 2013 by including the land in the schedule.

As part of the reclassification of Lot 14 the public reserve status would also be extinguished and therefore Lot 14 would fall into Part 2 of Schedule 4, while the other four parcels would fall within Part 1 of Schedule 4.

ATTACHMENTS

Nil

Recommendation

1. That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 by reclassifying the following lots from ‘Community land’ to ‘Operational land’:

· Lot 11 DP 735675 Waterloo Creek Road, Brogo

· Lot 1 DP 1037443 Cnr Imlay & Mitchell Streets, Eden

· Lot 949 DP 810986 Main Street, Merimbula

· Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga.

2. That Council prepare a Planning Proposal to amend Schedule 4 Part 2 of the BVLEP 2013 by reclassifying Lot 14 DP 249924 Moore Wrens Road, Tarraganda from ‘Community land’ to ‘Operational land’.

3. That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination.

Council 16 April 2014 Item 8.5

8.5. DA No. 2014.29: Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra

General Manager

Applicant	Melissa Blain-Woodley
Owner	Andrew Woodley and Melissa Blain-Woodley
Site	Lot 21 DP 233032, 23 Francis Hollis Drive, Tathra
Zone	R2 Low Density Residential Zone
Site area	569m²
Proposed development	Alterations, additions and regularisation of unauthorised works to dwelling

Precis

Council has received a development application for minor alterations and additions to an existing dwelling-house and also seeking approval for the regularisation of unauthorised works that were carried out by a previous owner. The matter is being reported to Council for determination in accordance with Council policy as the Group Manager Planning & Environment is a part owner of the property.

BACKGROUND

The existing dwelling-house was approved in 1989 as a multilevel 3 bedroom brick veneer building. Unapproved renovation works were undertaken by a previous owner to enclose the open car parking area under the dwelling to create a garage, study, bedroom and store. The garage, study and bedroom have internal access to the upper levels with the store accessed externally.

PROPOSAL

The development application seeks approval for alterations and additions to the existing building as well as the regularisation of works that were undertaken without Council approval by a previous owner.

The proposed works include:

1. Conversion of the existing unapproved storeroom into a bedroom and bathroom on the lowest level.

2. Extension of the north facing deck and relocation of the access stairs.

3. Replacement of the deteriorated joists and decking to the existing deck.

4. Removal of the existing laundry and reconstruction of the kitchen to extend into the ex-laundry space.

5. Construction of a new laundry.

6. Construction of a covered area.

The proposed floor plans will be available at the Council meeting.

DESCRIPTION OF THE SITE

The land has a site area of 569m² that slopes steeply down from the rear to Francis Hollis Drive.

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. There are no planning issues arising from this assessment.

A copy of the assessing officers Section 79C assessment will be available at the meeting.

The land is zoned R2 Low Density Residential Zone under Bega Valley Local Environmental Plan 2013 The proposed development is consistent with the objectives of the zone and a permitted use with development consent.

Consultation

The application was been notified to adjoining properties in accordance with Council’s adopted notification policy with no submissions.

conclusion

The development application seeks approval for alterations and additions to an existing dwelling-house as well as the regularisation of unauthorised works carried out by a previous owner. Both the unapproved and proposed works are of a minor nature and are in keeping with the character and amenity of the surrounding area.

The application is being reported to Council for determination as the Group Manager Planning and Environment is a part owner of the land.

Approval of the application is recommended subject to conditions provided in the draft consent as attached to this report.

ATTACHMENTS

1. Draft Consent

2. Proposed Elevations

Recommendation

That Development Application No. 2014.29 for alterations and additions to an existing dwelling-house and regularisation of unauthorised works previously carried out at Lot 21 DP 233032, 23 Francis Hollis Drive, Tathra be approved subject to conditions as outlined in the draft consent attached to this report.

Council 16 April 2014 Item 9.1

9.1. Council Vacation Care Program, Bega

This report outlines options for the future operation of Council’s vacation care program.

Acting Group Manager Community and Relationships

Background

In May 2013 Council approved a one off allocation of $25,000 to fund 12 months continued provision of 20 Vacation Care places at Bega Valley Public School.

The program had become significantly more expensive to provide because of the increased regulatory, administrative and risk management requirements of the National Quality Framework (NQF) that came into effect in 2012. Council chose not to pursue alternative strategies which included re-locating the program to Bandara and reducing the number of available places to 10 each day.

The funds contributed by Bega Valley Shire Council have been used to trial engineering and administrative risk management controls at the existing Bega Valley Public School site, review alternative locations for the program and identify strategies for more cost effective provision of the program. Children’s Services staff report that implementation of these risk minimisation and control strategies at Bega Valley Public School have been successful.

Successful risk controls that have been trialled at Bega Valley Public School in 2013/ 2014 are:

· Temporary fencing

· Transport of equipment to and from program by Bega Town Team

· Combining the duties of the statutory Vacation Care Nominated Supervisor with the duties of the Nominated Supervisor at Bandara

· Recruiting additional workers to the vacation care program

Venue options

Investigation by Council staff of alternative sites for the provision of Vacation Care in Bega and surrounding areas has identified that significant capital investment would be required in order for the venues to comply with National Law and Regulations; this is not a viable short term option, particularly for non-Council owned venues.

There are two viable Vacation Care venue options open to Council in the short/medium term as was the case when reported to Council 12 months ago.

Venue Option 1: Transfer the program to Bandara and reduce the number of available places from 20 to 10 (as reported to Council in May 2013). This would ensure the ongoing provision of services to the Bega community.

Venue Option 2: Remain at Bega Valley Public School and identify a funding for the next financial year. The School is agreeable to vacation care continuing to operate there.

Funding Implications

There are no funding implications for Venue Option 1, costs of the program would not increase for service users and risk management would be continued by returning Vacation Care to Bandara, however places would be reduced (from 20 to 10) due to the space restrictions at Bandara.

There are two funding models available at this time in order to remain at Bega Valley Public School at a cost of $17, 050 for the 2014/15 year.

Changes to Family fees and charges: these could be set at cost recovery level and brought into line with other BVSC children’s services programs. This would change the billing rate from an hourly fee to a daily fee. Cost recovery would be further supported with a change to booking and cancellation policy to require one week’s notice.

BVSC contributions: Council could continue to provide an operating contribution to cover the higher costs of managing risks associated with being the Authorised Provider of a service operating at the Bega Valley Public School. Estimated to be $17 050 for the 2014/2015 year.

ISSUES

Legal

The legislation that governs the operation of Vacation Care services are:

· NSW Children (Education and Care Services National Law Application) Act 2010.

· Commonwealth Education and Care Services National Regulations, 2011.

· NSW Children and Young Persons (Care and Protection) Act 1998 No 157

· NSW Children and Young Persons (Care and Protection) Regulation 2000

· NSW Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009

Bega Valley Shire Council as the Approved Provider along with the Nominated Supervisor of the Vacation Care program face penalties of between $1000 and $50,000 for compliance breaches in these areas. An alternative venue is not recommended at this time.

Policy

Bega Valley Shire Council has a Family and Children policy that recognises the role of local government in supporting the capacity of all families to live well, care for, protect and educate children. The additional funds provided by Bega Valley Shire Council in 2013 align with the Child and Family policy intentions and have directly benefitted 39 families and 60 children who have used the program.

Asset

The Bega Valley Public School is an asset that is not under the care and control of Bega Valley Shire Council. The school is maintained by the Department of Education for use with children aged 6 – 12 years The Vacation Care program now pays rental and utilities to the Department of Education for use of their asset and any costs associated with damage to the asset during Vacation Care use.

The additional risk management strategies now in place make Bega Valley Public School a suitable site for the ongoing provision of the Vacation Care program.

Social / Cultural

Families who use vacation care to continue to work or study represent the social and cultural diversity in our community.

Economic

The ongoing provision of Vacation Care has benefits to the local economy. The majority of users are employed in Bega and surrounding towns, or studying locally. Vacation Care services enables them to continue to contribute to the local economy. Since July 2013 Vacation Care services has delivered programs to 39 families and 60 children.

Financial

Estimated costs of risk minimisation strategies for 2014/ 2015

The draft 2014/ 2015 Children Services budget has included the additional costs of fencing, transport of materials and equipment, utilities, rental, additional administration and management duties, and vacation care specific staff using the current rostering profile. In 2014/ 2015 the cost per annum of these additional risk control measures is estimated at: $17,050.

Funding source		Amount
To be identified	$	$17, 050

Resources (including staff)

Current building (Bega Valley Public School), equipment, administrative and human resources are sufficient for the provision of the 20 place Vacation Care program.

Conclusion

Vacation Care is an important community service offered in the Shire. Working families, predominantly from low income households utilise the service to enable them to attend work or study. Relocation to Bandara is not recommended given the significant reduction in numbers that would accompany the move.

Bega Valley Shire Council can continue to operate a cost effective and risk managed 20 place Vacation Care program at Bega Valley Public School with additional income to offset the increased costs.

ATTACHMENTS

Nil

Recommendation

1. That Council operate Vacation Care Services at Bega Valley Public School in 2014/15

2. That Council determines the funding model from the two outlined in the report.

3. That families accessing Vacation Care are notified of the outcomes.

Council 16 April 2014 Item 9.2

9.2. NSW Public Library Funding

NSW Public Library Association is again seeking Council’s support for a campaign to increase State Government funding for public libraries.

Acting Group Manager Community and Relationships

Background

The NSW Public Library Associations (NSWPLA), representing country and metropolitan libraries, are now coordinating a targeted campaign to bring the situation of reduced funding to the attention of politicians and funding decision makers. Council has previously supported a similar campaign and it is timely to again raise this issue.

Local Government NSW (LGNSW) and the Australian Library and Information Association (ALIA) are assisting NSWPLA in this campaign. In addition, local supporters of public libraries including Friends of the Library groups and library users will be engaged in the campaign to lobby State Members. There will be high level media engagement and local and national champions of public libraries will be advocating for funding reform.

Over 44% of the state’s populations are library users, it is anticipated that there will be strong support for the campaign in the community. Research also highlights the high value placed on public libraries by users and non-users alike. This is reflected locally in the strong support for our libraries in the Bega Valley.

Bega Valley Shire Council has recently received funding from the capital libraries program for work at the Tura/Merimbula library. This is welcomed and it is critical that funding opportunities for libraries continue to support local community education, information and library programs through these important local centres.

ISSUES

The NSW public library funding situation is a long standing issue that spans successive NSW governments. The key issues identified are:

Ø NSW receives the lowest per-capita funding for public libraries from the State Government of all states in Australia;

Ø State Government expenditure on public libraries has decreased as a proportion of total public library expenditure from 23% in 1980 to 7% in 2013.

Ø NSW Local Government councils are currently paying 93% of the costs to operate public libraries in NSW (which are governed by state legislation);

Ø The current NSW Public Library Funding Strategy includes three components:

o Per capita subsidy (legislated at $1.85 per NSW resident) - $13,503,243 in 2012-13,

o Disability & Geographic Adjustment (DGA) - includes a component of population-based payments and a proportion of payments based on five disability factors developed by the NSW Local Government Grants Commission (pre-school children; people over 65; people from a NESB; population distribution; isolation ) - $6,551,966;

o Library Development Grants - $549,996 (this amount has reduced from $3.3m in 2005-06)

The NSW Public Library Funding Strategy is not indexed to population growth or the consumer price index (CPI). This means that funds have been taken from the Library Development Grant pool over a number of years to meet the increased per capita subsidy costs (and the per-capita component of the Disability and Geographic Adjustment fund) as the NSW population increases each year.

Conclusion

There is currently a high degree of uncertainty as to the level of ongoing funding for public libraries in NSW from the State Government. The intent of the NSW Library Act in 1939 was for equal funding from state and local governments to provide library services. Since that time local government has increasingly carried the funding burden and the situation has deteriorated significantly over the past few decades.

Urgent action, outlined in the recommendations below, is sought from Local Governments to urge the NSW Government to address this funding shortfall.

ATTACHMENTS

Nil

Recommendation

That Council support the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

1. Making representation to the local State Member in relation to the need for additional funding from the NSW State Government for the provision of public library services;

2. Writing to the Hon. George Souris, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;

3. Approving the distribution of NSW Public Library Associations campaign information in Council libraries;

4. Taking a lead role in activating the campaign locally.

Council 16 April 2014 Item 9.3

9.3. Formation of sportsground management committees

Endorsement is sought to establish seven sportsground management committees under the adopted committee structure.

Acting Group Manager Community and Relationships

Background

At its meeting of 8 September 2009, Council resolved to implement new operating procedures for Hall and Sportsground Committees similar to those adopted for cemetery committees in August 2009. The Hall committees have been operating under this structure for the past two years.

Council has adopted a framework for those committees managing facilities under delegation. This is based on two levels of committees –Community Committees responsible for the day to day management of individual sportsgrounds and the General Committees that are representative of those community committees. This structure has been set up for Council Halls and Cemeteries and is operating well after some teething problems and some key learnings.

In line with the hierarchy identified in Councils Recreation Asset Management Plan (RAMP), Council staff have been working with the Regional and District level sportsgrounds to establish community sportsground committees under the new structure, and to develop Facility Management Plans. The sportsgrounds we have been working with are;

Dickinson Oval Management Committee

George Brown Sportsground Management Committee

Berrambool Sporting Complex Management Committee

Pambula Sporting Complex Management Committee

Barclay Street Sportsground (Eden) Management Committee

Bega Recreation Ground Management Committee

Wolumla Recreation Ground Management Committee

It is recommended that only these larger sporting facilities/complexes will have facility management committees overseeing the operation of the sporting complexes. Alternative strategies will be developed to consult users of other sporting facilities in the Shire in the development of Facility Management Plans (see below under consultation)

Council had previously established the S355 Sport and Recreation Committee in November 2009, to make recommendations about the expenditure of the special rate variation (SRV) on the renewal and upgrade of Council’s sporting and recreation facilities. This SRV ends in June 2014.

At the 4 September 2013 meeting, Council resolved to amalgamate the General Sportsground Committee with the General Sportsground and Recreation Committee (set up in conjunction with the initial Special Rate Variation). Crs Britten, Allen and Fitzpatrick were the Councillor delegates to this amalgamated committee.

In a report to Council on December 2013 Council resolved to finalise the expenditure of the initial special rate variation and allocated the remaining funds to a number of projects that effectively finalised the work of the Sport and Recreation Committee. It is appropriate that this committee is concluded and the members are thanked for their time and efforts that saw a large number of projects completed across the Shire.

Over some months we have been working with the individual sportsground committees to transition to the new structure and to refine the committee guidelines and operations manuals for the Sportsgrounds.

Once the seven sportsground management committees are formerly endorsed by Council they will be in a position to nominate representatives to the S355 General Sportsground Committee. An interim meeting of representatives of the seven sportsground management committees is scheduled for 13 May, to talk through the common issues around the transition and discuss the process/formation of a the General Committee.

A list of the sportsgrounds and the nominees are attached in a separate confidential memo.

ISSUES

Legal

Community committees responsible for the day to day management of Council’s facilities are constituted under Section 377 of the Local Government Act (1993) The General Sportsground Committee is constituted under Section 355 of the Local Government Act (1993).

Policy

Council has adopted procedures and policy relating to volunteers and Council and community committees.

Asset

The development of facility management plans for these sportsgrounds will ensure that they are managed in a sustainable way and will provide short, medium and long term identification of maintenance, renewal and upgrades for the facilities.

over the 2014/15 year there will be opportunity for all sportsgrounds committees and users (as well as other asset management committees) to assist develop facility management plans which will feed into a full review of the asset management plans. When finalised with agreed priorities linked to Council’s asset assessment these priorities will set the direction for council’s long term financial plan review. It is timely to undertake this review with community, users and committees so as to leverage the greatest level of support both in terms of ideas and potential funding sources.

Social / Cultural

Sporting facilities significantly adds to the health and social wellbeing of the community.

Consultation

Outside of these seven major sporting facilities there are a large number of sporting and recreational facilities that are important community assets and all require the development of facility management plans. It is not practical, or needed, that all these facilities have management committees. It is proposed that as facility management plans are drafted there will be a consultation process involving not only the regular users of the facilities but interested community members will have the opportunity to be involved.

Financial

There are no financial implications in the formation of these committees. Facility Management plans will be developed in consultation with the committees and in line with Council’s asset management plans and long term financial plan.

Resources (including staff)

General support for these committees will come via the Volunteering and Committees team. This is already factored into work plans and will provide the sportsground management committees with a central point of contact, this has worked exceptionally well for the hall committees.

Conclusion

Management of Council’s regional and district sportsgrounds by facility management committees are a practical and efficient way to ensure their sustainability into the future. The committees are made up of representatives of organisations that use the facility on a regular basis and are well placed to work with Council to effectively manage the sports grounds and develop the facility management plans.

ATTACHMENTS

1 . Nominations for Sportsground Managment Committees 20140407 (Confidential)

Recommendation

1. That nominees for Council’s seven Sportsground management committees (names to be inserted) are appointed.

2. That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3. That a further report to council be submitted to establish the S355 General Sportsground Committee.

4. That Council confirm the Councillor delegate to the S355 General Sportsground Committee

5. That the S355 sport and recreation committee is finalised and members receive written thanks and acknowledgement of their contributions.

Council 16 April 2014 Item 11.1

11.1. Water Supply and Sewerage Strategic Business Plan

Bega Valley Shire Council staff and consultants from NSW Public Works have recently completed the Water Supply and Sewerage Strategic Business Plan (SBP). This report recommends adoption of the Strategic Business Plan by Council.

Group Manager Infrastructure, Waste & Water

Background

Bega Valley Shire Council (BVSC) is the local government authority responsible for providing water supply and sewerage services to our local communities.

The Strategic Business Plan (SBP) is the principal planning tool for water supply and sewerage service delivery. It provides the framework within which we provide services efficiently and sustainably. Draft copies have been provided to Councillors under separate cover.

The SBP covers key areas of the business including:

· Operating Environment Overview (Legislation and Regulation)

· Performance Indicators

· Levels of Service (LOS)

· Customer Service Plan

· Pricing (Water, Sewer and Liquid Trade Waste)

· Financial Plan

· Capital Works Plan

· Environmental Management

· Community Consultation

· Asset Management

· Workforce Plan

· Strategic Action Plan

ISSUES

Environmental

The SBP has a strong environmental focus in alignment with both community and regulatory expectations. Section 9 of the SBP lists specific objectives and actions to help achieve positive environmental outcomes. Section 4 of the SBP lists the LOS relevant to positive environmental outcomes.

Sustainability

The principles of Ecologically Sustainable Development (ESD) are supported throughout the Plan. Section 9 of the SBP lists specific objectives and actions to achieve positive ESD outcomes. Section 4 of the SBP lists the LOS relevant to positive ESD outcomes.

Asset

Council’s Water Supply and Sewerage Asset Management Plans were commenced in 2011. Key aspects of these documents particularly the proposed capital works have been captured in the SBP.

Economic

The LOS listed in the SBP support economic activity throughout the Shire.

Strategic

The SBP provides the strategic direction for the delivery of water supply and sewerage services over the next five years with the main aims of:

· defining Levels of Service

· outlining the key existing issues that affect the delivery of water supply and sewerage services, now and into the future

· identifying the financial and other resources required to operate water supply and sewerage services on a commercial basis

· assisting in the delivery of a long-term capital works program with an affordable price path for services

· demonstrating to customers and stakeholders that water supply and sewerage service delivery is well managed

· providing the information for Council's Resourcing Strategy as required for compliance with the NSW Government Integrated Planning and Reporting Framework and for the Community Strategic Plan

Consultation

The SBP places considerable emphasis on customer relations and community involvement as detailed in Section 8.7. The overall aim of the SBP is to involve the community particularly in decisions related to major new infrastructure (and associated costs) and where our plans are likely to impact either human or environmental health.

Financial

Substantial financial modelling was undertaken to support both Development Servicing Plans (DSP) and the SBP. The purpose of the financial modelling is to enable Council to determine the revenues needed to meet LOS over the long term and effectively manage cash flow.

Our commitment to providing the LOS requires the collection of adequate revenue. Estimates of the costs of service provision have been modelled using the NSW Financial Model (FINMOD) issued by the NSW Office of Water. The financial modelling represents the optimum estimation of future costs possible at this time. Actual billings will depend on the levels of developer charges, adopted pricing, government subsidy and growth over the medium to long term.

The financial modelling income projections are sensitive to a number of factors notably population growth rate, prevailing interest rate and government subsidy. All of these factors are externalities beyond the absolute control of Council. For the purposes of the financial model over the life of this SBP (five years) a realistic growth rate of 0.8% has been adopted with a prevailing borrowing rate of 6.5%. Nil government subsidies have been assumed. The income generated is forecast to be sufficient to sustainably manage both water and sewer funds inclusive of capital works. Beyond the five year horizon, revised SBP and DSP documents and associated financial modelling will be once again required to manage the challenges imposed by say low population growth and high borrowing rates. Importantly there are no indications that either water or sewer funds will be financially unsustainable in future.

As a general principle, recurrent operating costs are covered by annual water supply and sewerage charges with capital funds being drawn from developer charges, government grants, annual water supply and sewerage charges and borrowings. Our objectives and actions with respect to financial planning are detailed in Section 12 and Appendixes E through I of the SBP.

It should be noted that the DSP and SBP documents contain identical financial models.

Resources (including staff)

Substantial staff and consultant resources have been devoted to completion of Developer Servicing Plans and the Strategic Business Plan. Completion of the SBP inclusive of background hydraulic and technical studies has cost in the order of $100K.

Operational Plan

Activities detailed in the SBP have been included in the 2014/15 Operational Plan.

Conclusion

Water supply and sewerage businesses are characterised by large and episodic capital investments as well as significant day-to-day operational, maintenance and administration costs. Strategic Business Plans are designed to capture the important facets of service provision - defined Levels of Service, performance management, improved financial performance, certainty of typical residential bills and increased accountability to customers.

The Water Supply and Sewerage Strategic Business Plan (copy to be provided under separate cover) has been prepared for Council adoption in accordance with the NSW State Governments approved template and methodology.

ATTACHMENTS

Nil

Recommendation

1. That Council adopt the March 2014 Water Supply and Sewerage Strategic Business Plan.

2. That the 2014 Water Supply and Sewerage Strategic Business Plan be submitted to the NSW Office of Water for their concurrence.

Council 16 April 2014 Item 11.2

11.2. Bega and Brogo Rivers Flood Study at Bega Final Report Findings

The Bega and Brogo Rivers Flood Study at Bega final report has now been completed and is ready for Council’s endorsement of the findings.

Group Manager Infrastructure, Waste & Water

Background

Bega Valley Shire Council engaged consultants SMEC Australia to undertake a flood study for the Bega and Brogo River catchments and to update its current flood mapping in light of recent flood events during 2010, 2011 and 2012.

Council has taken this initiative to assist with planning and managing the risk the community faces from flooding and forms an initial stage towards the development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual, the management of flood liable land, April 2005.

The Office of Environment and Heritage (OEH), formerly the Department of Environment Climate Change and Water (DECCW) and the Ministry of Police and Emergency Services (MPES) is supporting Council by providing funding and technical assistance for the project.

At its meeting of 25 September 2013, Council resolved to place the draft flood study report on exhibition for a period of 3 weeks. During the exhibition period 2 submissions were received and evaluated by Council’s consultant.

The final flood study report has now incorporated the substantive content from the submissions into the final report recommendations and findings. The final flood study report will provide the technical data required for the development of a Floodplain Risk Management Study and Plan for the Bega and Brogo River from the township of Bega and downstream to the ocean outlet at Mogareeka.

ISSUES

Legal

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Locally, the NSW Government policy is implemented through Council’s adopted Local Environmental Plan 2013 clause 6.3 ‘Flood Risk Planning’ and Development Control Plan (DCP) 2013 section 5.8.1 ‘Flood Planning’.

Environmental

Environmental concerns such as climate change and sea level rise have been addressed in the final flood study report in accordance with current NSW Government Guidelines and requirements for flood study projects. Other environmental concerns will be addressed in a subsequent flood risk management study and plan following further community consultation at that time.

Asset

The final report findings will form the basis of future asset/community planning and protection.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. As such transport and communication infrastructure are often located in floodplains as well as a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore development and management of floodplain needs to consider a broad range of issues balancing the benefits of occupying the floodplain against the costs.

The flood study report will form the technical basis from which a future floodplain risk management study and plan can incorporate considerations of social/cultural/economic impacts.

Consultation

Consultation was carried out via formal public exhibition and invitation for public comment, a community flood questionnaire and a number of print media releases and radio interviews throughout the project. Community consultation regarding flood study outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

To further comply with the NSW Government consultation requirements, Council also resolved to form and convene a Floodplain Risk Management Focus Group at its meeting of 25 September 2013. Government agency representation has now been finalised with selection of community representatives still yet to be finalised. This will be the subject of a subsequent report to Council at a later date.

Financial

The flood study project cost $188,000 and has been subsidised through a $125,000 grant from the Office of Environment and Heritage.

The remaining $22,924 to be claimed by Council under the current grant is now conditional upon Council formally endorsing the final flood study report findings and providing copies of relevant materials to the Office of Environment.

Council also has a current grant application in the amount of $141,000 for the Bega and Brogo Rivers Floodplain Risk Management Study and Plan with the Office of Environment and Heritage Floodplain Management Grant Scheme.

Resources (including staff)

Significant staff and financial resources have been expended on delivering the Bega and Brogo Rivers Flood Study project to date.

Operational Plan

The completion of the flood study project partly meets the Operational Plan Key Outcome: A9.1.1 Emergency Planning: Complete Flood Study and develop floodplain risk management plan.

Conclusion

The formal public exhibition of the Bega and Brogo Rivers Flood Study draft report and findings was undertaken to allow community input. Two submissions were received and their substantive content was considered in finalising the final flood study report. The formal exhibition process allows Council to comply with current NSW State Government consultation requirements in finalising and endorsing the flood study findings.

ATTACHMENTS

1. Comments from Agencies and Community following Public Exhibition (Councillor Only) (Confidential)

Recommendation

1. That Council note the recommendations and findings of the Bega and Brogo Rivers Flood Study.

2. That the Flood Study be used as the technical reference in developing the future floodplain risk management study and floodplain risk management plan for the Bega and Brogo River catchments.

3. That the Bega and Brogo Rivers Flood Study be published Council’s website.

Council 16 April 2014 Item 11.3

11.3. Management Models Merimbula Airport

Report prepared to provide additional information on the Direct Management model for Merimbula Airport and to advise the outcome of negotiation with Airport Agencies.

Group Manager Infrastructure, Waste & Water

Background

At the ordinary Council meeting of 18 December 2013 Council considered four basic management models for the operation of Merimbula Airport namely (1) Direct Management, (2) Contract Management, (3) Lease Management and (4) Private Ownership. At that meeting Council resolved to remove Direct Management and Private Ownership leaving Contract Management and Lease Management as preferred and to further consult with the public/users.

On the 15 January 2014 a public meeting was held at which those who had made prior appointments were able to present their views to Councillors. While Council’s adopted position was to consider models 2 and 3 public discussion was not restricted and so all views were freely expressed.

On the 12 February 2014 Council considered a further report into the future operational management options for Merimbula Airport. This report re-submits issues already considered and also includes input from the public consultation meeting of 15 January 2014.

At the meeting of the 12 February 2014 Council resolved;

1. That the Council note the report and receive a further report on the direct Management model outlining the likely potential income and operational expenses and resources for Council.

2. That Council further consult with the current lessee, Airport users, including but not limited to MAUG, and other operators of the airport to gain an understanding of the items that should be considered for comparing models.

3. That Council negotiate with the current lease operator to extend the current lease from 30 June 2014 for up to12 months and ensure adequate provision is made for contribution to the maintenance reserve fund under Clause 8.4 of appendix A of the lease.

Direct Manage

In accordance with this resolution an indicative operating budget has been developed as if Council were to directly manage the airport, using its own staff, equipment and resources. As has been workshopped with Councillors there are a number of important assumptions involved including breakdown repairs, annualised plant/equipment costs and required levels of coverage. The estimated annual cost for a Council operated facility would be in the range of $450,000 to $610,000 depending on the amount of onsite coverage and allowance for annual repairs. This compares favourably with Airport Agencies stated cost of $580,000.

Direct comparison with other airports is difficult as each airport has its own particular features and operational requirements. However, by way of indication Bathurst reports $375,000, Orange $630,000, Lismore $460,000, Moruya $466,000 and Dubbo $840,000. On a dollar per passenger basis the range is $11 to $18 with Merimbula at approximately $12 being at the low end of this range.

Income from airport operational activities, including passenger head tax (approximately $520,000 p.a.), aircraft parking (no current charge), GA landing fees ($27,000 p.a.), terminal leasing – café and hire cars ($12,000 p.a.), hangar leasing (approximately $20,000 p.a.) and car parking charges ($25,000 p.a.). Council can increase these charges or introduce new charges at its discretion. However, the capacity for the market to sustain such charges would have to be considered given the recent call by REX Airlines for restraint. Note, Merimbula’s passenger charge has not changed in over 5 years and passenger numbers have been steadily declining.

Current Lease Extension

Also in accordance with Council resolution discussions have been held with Airport Agencies regarding the extension of existing lease for a further 12 months. Airport Agencies have formally advised that it is not their intention to continue with the operational lease. However, they are willing to continue managing the aviation operation, excluding the hangar and property leases for a period of 12 months to allow Council time to transition to a finally decided future management model.

Way Forward

As a matter of urgency Council should begin the process of transferring existing building and hangar site leases to Council. This is to be done in accordance with Council leasing policy and procedures and will include preparation of lease documentation, determination of market rental rates (commercial / aviation), negotiation with each current lessee and final report to Council for approval.

As this process will take same time to complete it must be actioned immediately and expeditiously if the July 2014 date is to be met.

Board of Management

Another variation to the management model proposed has been suggested by the Merimbula Airport User Group (MAUG), that being a Board of Management (incorporated body) with suggested members being the Merimbula Airport Users Group.

The establishment of an incorporated body still does not answer the primary question as to what operational model is supported as the Board would still have to decide whether to employ staff, lease or contract manage.

An incorporated entity could be constituted under the Corporations Act and Council could delegate the management responsibilities to this entity. In this regard, from Councils perspective this option is similar to a lease arrangement as the risk and rewards are transferred to a separate entity. Council would retain ownership of the entity with a board made up of industry experts who would be an independent board of directors. These directors would assume full fiduciary responsibilities under corporate law. Any director of this entity would need to give serious consideration to the risks involved in holding such a position under corporate law.

The request from MAUG advised that the members of MAUG would be suitable applicants to the board of this entity. It is the opinion of staff that the pecuniary interest of these applicants would preclude members of MAUG from holding director positions within the entity that is largely responsible for providing business premises and business potential.

Based on the above a board of managers is not considered suitable at this time.

ISSUES

Legal

The Civil Aviation Safety Authority (CASA) is the statutory authority that conducts the safety regulation of civil air operations in Australia, including the regulation of certified and registered aerodromes. The Manual of Standards (MOS)-Part 139 Aerodromes is made pursuant to Civil Aviation Safety Regulations (CASR) Part 139 and sets out the regulatory regime for aerodromes used by aircraft conducting air transport operations.

The Aviation Transport Security Act 2004 and associated Aviation Transport Security Regulations 2005, establishes a regulatory regime to safeguard against unlawful interference with aviation.

Policy

Council does not have a policy position on the ownership and/or operation of the airport. However, within Council’s Community Strategic Plan the importance of the airport directly relates to the themes - Enterprising Place through support of the local economy and the tourism industry and Accessible Place as part of an integrated transport network and support of emergency services. Indirectly the operations of the airport support Liveable Place by providing access to specialist medical and educational services.

Environmental

Merimbula Airport is located in an environmentally sensitive area, between Merimbula Lake to the west and bushland areas to the east of Arthur Kaine Drive, where extensive foreshore dunes form part of Merimbula Beach. There are also wetland areas to the south, south west and east of the runway and within the airport site itself. The areas are environmentally significant and wetland areas are identified in SEPP14.

Asset

The airport infrastructure is a significant and capital intensive asset. The ongoing maintenance, renewal and upgrade of the airport are vital for a safe, secure and reliable aviation operation. To this end, there is a need for substantial commitment of resources, particularly capital funding, over a long period of time.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are seen as a vital component of the overall integrated transport network, which links the Bega Valley with capital cities for professional, legal, specialist and medical services, rapid high value freight, as well as passengers for tourism, employment and business.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, a number of other key sectors have developed, in particular tourism and remote area employment. The airport as part of the regional/national transport network provides access to business markets and thereby significant support to the local economy. At the same time, airport operations generate its own direct economic benefit.

Consultation

The airport has been the subject of significant public comment over a number of years and more recently, in regard to the runway renewal, special rate variation application, development of the precinct and master plan. The Merimbula Airport Users Group (MAUG) has also provided input and feedback on these issues, both directly to Council and through the media.

Financial

The financial implications of any operational management model are significant in the medium term. The financial modelling and analysis undertaken by specialist consultant, Hill PDA and has been workshopped separately with Council.

Resources (including staff)

The extent, to which Council resources are required, depends on the management model ultimately chosen.

Operational Plan

Maintaining and operating the airport is consistent with Council’s operational plan as part of its integrated transport network.

Conclusion

The impending termination of the existing operational lease at Merimbula Airport and the position of Airport Agencies relating to their offer to manage the aviation operations but not to continue with property/building leases requires Council to directly manage these leases. Accordingly Council must, as soon as possible, prepare and negotiate direct leasing with existing tenants in accordance with Council’s leasing procedures. A similar negotiation will be required with Airport Agencies relating to aviation operations.

ATTACHMENTS

Nil

Recommendation

1. That Council approve the removal of leases from the Airport Operating Lease and proceed in accordance with Council’s property leasing procedure to establish direct leasing with existing tenants.

2. That Council continue negotiations with Airport Agencies for the orderly transition to the future airport management model.

Council 16 April 2014 Item 11.5

11.5. Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station

This report details the outcomes of evaluation of Tender 11/14 for the Merimbula Waste Transfer Station Office / Amenities Building and recommends award to the preferred tenderer.

Group Manager Infrastructure, Waste & Water

Background

The Merimbula Waste Transfer Station Office / Amenities Building provides the office and amenities facilities for the Waste depot staff, and also provides the “gate house” function for the waste transfer station.

Temporary buildings have been provided at the site since Council took over management of the facility in 2008. The new building provides a permanent office and amenities to BVSC staff working at the facility. The work involves contribution of a small office, mobility compliant toilet/washroom and lunchroom along with a steel portal framed canopy/shelter over the vehicle reception area.

The tender was publically advertised on 5th March 2014 in local newspapers and on the Council website.

Tender documents were issued to 11 companies, and 7 tender submissions were received from

1. David Leser Building Pty Ltd

2. GJ & C Clarke Building Pty Ltd

3. Grant Dowdle Building Pty Ltd

4. Monarch Building Solutions Pty Ltd

5. R W Brain Pty Ltd

6. Zauner Construction Pty Ltd

The tender submissions were assessed against the following evaluation criteria:

Non-Price Criteria	Weighting
Performance on Past Projects & Referees	50%
Price Criteria
Lump Sum	40%
Price Breakdown	10%
Total:	100%

ISSUES

Legal

The tender process complied with the Local Government Act 1993.

Asset

Council is constructing a waste transfer station asset at the site to service the waste disposal needs of the local community.

Strategic

Closure of the landfill activity at Merimbula and construction of a waste transfer station forms part of Council’s waste strategy.

Consultation

Staff have been consulted in accordance with national WHS guidelines for amenities.

Financial

Project costs have been budgeted for in the waste capital works program/LTFP.

Resources (including staff)

The Waste services manager will project manage the construction as part of the overall Waste Transfer Station project works at Merimbula Waste Depot.

Conclusion

The Merimbula Waste Transfer Station is a strategic project forming part of the Council Waste Management Strategy – “2020 Vision on Waste”

The office / amenities building forms part of the development of the transfer station scheduled for completion by July 31, and the tender should be awarded.

ATTACHMENTS

1. Confidential Memo RFT 10/14 (Confidential)

Recommendation

1. That Council accept the tender from (insert) in relation to contract for the works described in Tender 11/14, in the amount of $(insert) (excluding GST), subject to variations, provisional sums and prime cost items.

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 16 April 2014 Item 12.2

12.2. Communications and Community Engagement review

Quotations have been received from companies with expertise in communications, to undertake a communications and community engagement review.

Acting Group Manager Community and Relationships

Background

Throughout 2013, a Communications Strategy was prepared, exhibited and reported to Council. Preparing the strategy allowed us to focus on what we want our communications to achieve, and how this is best accomplished. Extensive research revealed that our past efforts were lacking in terms of providing clear and succinct information to the community, which results in confusion, misunderstanding and missed opportunities in terms of community engagement and feedback.

This strategy addresses our gaps in communications by identifying our weaknesses and providing in depth research on the needs of information consumers. Through this, a list of actions has been identified that see community needs leading to the fulfilment of organisational aspirations.

On September 4, 2013 the Communications Strategy was adopted with the following motion:

That the General Manager work with staff to engage a company with expertise in communications to prepare a strategy for broader engagement and a detailed action plan for community input opportunities.

The above resolution linked the Communications Strategy and Council’s adopted Community Engagement Policy and Procedure which was due for review as part of Council’s policy and procedure review across all areas.

A Request for Quote (RFQ) was then developed and provided to three consultants who have a high standing within the communications field. The RFQ process closed on 11 December 2013; only one written quotation was received but it did not meet the criteria in relation to assessment and review of Council’s processes and documentation.

A resolution was passed on 22 January 2014 that Council advertise more broadly for consultants. The services required were subsequently advertised in the Sydney Morning Herald, The Age, and in the local press. The advertising campaign generated a lot of communications industry interest and a total of 11 quotes were received ranging from $1200 to $55,000 based on the same criteria (listed below).

The RFQ identified the following areas for inclusion in the process:

1. Review of our current activities and future priorities.

A comprehensive review of our existing policies and procedures, and our identified future activities which include:

· Communications Strategy

· Communications Policy

· Community Engagement Policy

· Community Engagement Procedure

· Communications and Community Engagement Action Plan outline

2. Implementation advice

Following review and feedback of the above, a detailed implementation plan including advice on timing, resources and implementation strategies for an 18 month period including review points.

3. Staff training and engagement

To enable effective delivery and consistency throughout the organisation, identify staff training opportunities across the organisation and delivery of staff training and engagement covering our processes and implementation plans to enable workplace ownership of communications and community engagement.

The quotes received have been reviewed and they are summarised in a separate confidential memo for consideration by Councillors.

ISSUES

Legal

The NSW Local Government Act 1993 is currently the focus of an extensive review. The final draft report from the Local Government Acts Taskforce is currently out for comment. It embeds in it the Integrated Planning and Reporting Framework and at Topic 3.2.2 Community Engagement the report recommends a number of actions to be embedded in the Act.

The Taskforce recommends:

Councils prepare the most locally appropriate and flexible community engagement strategy guidelines. This will provide communities the opportunity to engage, through the following and other locally appropriate principles, and allow a flexible framework for continuing community engagement.

The principles for such strategy will:

a. include commitment to the community being at the centre of local government using ongoing engagement which ensures fairness in the distribution of resources; rights are recognised and promoted; people have fairer access to the economic resources and services essential to meet their basic needs and to improve their quality of life; and people have better opportunities to become informed and involved especially through use of technology

b. consider and understand that persons who may be affected by, or have an interest in, a decision or matter should be provided with access to relevant information concerning the purpose of the engagement and the scope of the decision(s) to be taken

c. consider and understand that interested persons should have adequate time and reasonable opportunity to present their views to the council in an appropriate manner and format

d. ensure that the views presented to the council will be given due consideration

e. consider and understand that councils, in exercising their discretion as to how engagement will proceed in any particular circumstance, will have regard to the reasonable expectations of the community, the nature and significance of the decision or matter, the costs and benefits of the consultation process, and to intergenerational equity

f. arrange flexible special engagement procedures in particular instances

g. consider all groups, even though it may be difficult to reach every diverse community group, and some groups will choose not to engage.

Council will be guided by the final gazetted Act and will appropriately review its processes at that time.

The current review of the Environmental Planning and Assessment Act 1979 which has resulted in the proposed Planning Bill and Planning Administration Bill includes a framework for community engagement within the NSW Planning System. These Bills have yet to pass through Parliament and when gazetted will also initiate a review of Council’s policy and procedures to ensure compliance.

Additionally, Councillors recently resolved to endorse the following submission to the DLG in response to the Independent Local Government Review Panel and Local Government Acts Taskforce reports:

Consideration must be given to the regulations and guidelines that govern Councils to ensure that these community engagement principles, which are sound, can be enacted in a way that is practical and achievable and responsive to a local community. An idea of reasonableness must also be considered on behalf of the community and scope to deal with unrealistic expectations of the level of engagement must be present.

Social / Cultural

Improving our consistency in communications and engagement will enable Council and community to further develop a positive and trusting relationship.

In addition to the development of the Communications Strategy in 2013, an additional review was made available through a partnership with the University of Wollongong to address gaps identified in the community survey relating to Council’s two way communication with the community.

The students who participated in the UniVative program conducted primary and secondary research into how Council could improve its Community Engagement with more effective methods of sharing information. As part of the presentation student made a number of recommendations which are outlined below:

· Update Council’s website to be more user friendly

· Develop a Smart Phone App

· Implement a system that would allow SMS Alerts to local residents

· Implement a Suggestion Box concept in public areas such as the front counter or libraries with a form for follow up.

· Consider publishing a Community Newsletter

· Design and implement a Notice Board System in Littleton Gardens and other public areas across the Shire

· Improve Council’s media presence.

· Re-introduce the community barbeque concept

Council considered the recommendations and the following actions have already been implemented and are continuing:

· Community and Councillor ‘roving’ workshops to enable better opportunities for the community to meet with Council.

· Community BBQs across the Shire are in planning phase and will take place in 2014

· Community suggestions box systems have been placed in libraries and Council foyer and an on-line suggestion box is available on Council website. Suggestion are linked to Councils Customer Records Management system

· A review of Council’s website and technology options are under review.

Financial

Funding of consultants costs will be allocated through salary savings and unexpended funds from the community planning area from 2012/13. A sum of $15,000 has been identified.

Funding source		Amount
Salary savings and unexpended funds from the community planning area.	$	$15,000

Conclusion

It is clear the community expect Council to undertake further work in this area and the approach needs to be broadened to gain the best outcome. Council is making considerable efforts and advances in the improvements of communications and engagement, and it is anticipated that the advice and training opportunities provided by an external consultant would enhance this and assist in the development of positive community relations.

The consultancy services will provide a review of Council documents, processes and approach as well as advice, training and an 18 month monitoring period, all of which will be of benefit to the organisation and community.

Do not delete this line

ATTACHMENTS

1. Summary of Quotations Communications and Community Engagement Consultants (Confidential)

Recommendation

1. That Council accept the quote from (name to be inserted) in relation to services required for the communications and community engagement review.

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

Council 16 April 2014 Item 12.3

12.3. Community Engagement and Communications Reference Group

Nominations have been received for the community engagement and communications reference group.

Acting Group Manager Community and Relationships

Background

Bega Valley Shire Council recognises the important role community members play in planning for, providing and guiding Council services. There are a number of groups and individuals that contribute positively to working with Council and who have ideas about how Council and the community can work better together.

Council resolved at its meeting on 12 February 2014 to call for nominations for the community engagement and communications reference group. Nominations were called from people interested in contributing to the development and implementation of Council’s Communications Strategy, Community Engagement Policy and Community Engagement Procedure. The group will assist Council to ensure we are listening, providing opportunity for people to have input in the decisions that affect them and that Council’s processes and procedures are clear and consistently applied.

Guidelines for the establishment of the community engagement and communications reference group were also presented to Council on the 12^th February. The Reference Group will be chaired by the Mayor and the Chair of the Leading Organisation Committee will be a member of the group. All Councillors are able to attend and participate in the Reference Group discussions. The General Manager and key staff will also attend meetings.

Council are asked to consider the nominations in context of the guidelines that were presented to Council at its meeting on the 12^th February 2014. Criteria for the establishment and selection of the Reference Group are outlined in the guidelines and are detailed below:

Reference Group membership (section 5 guidelines)

§ The Reference Group is to consist of a maximum of 12 members who are representative of the community and one Councillor with support from the Communications Coordinator and Community Engagement and Planning Coordinator

§ Council will call for public nominations from ratepayers and residents for reference group members, who have experience and expertise in communications and who are interested in representing a balanced view from the community in the interest of developing and enhancing Council and community relationships

§ Council staff will attend meetings of the Reference Group to receive feedback, ideas and to provide advice and secretariat support.

Reference group selection (section 6 guidelines)

§ Reference Group members will be selected and ratified by Council resolution. Council will assess applications in light of the selection criteria detailed below. Such members will be appointed by way of letter.

§ Selection of committee members will be based on:

- The capacity of the nominee to provide objective feedback and input into communication matters.

- The capacity of the nominees to represent a range of stakeholders. Endorsed representatives of interagency networks or representational bodies will be favoured.

- The capacity of the nominee to represent issues across a balanced cross section of the community.

- The level of support for the nominee from the community.

- To avoid over representation by any one group, a maximum of one member from interested groups and bodies will be selected

§ Reference Group appointments will be for the period of 18 months to enable the establishment of effective framework and process of the Communications Strategy, Community Engagement Policy and Procedures and related activities.

Nominations have now been received for the Community Engagement and Communications Reference Group, and are summarised in the attached confidential memo for the consideration of Council.

ISSUES

Legal

Under Section 377 of the Local Government Act (1993), Council can establish a committees for a specific purpose.

Policy

The reference group will be providing advice and input into the Communications Strategy and Community Engagement Policy and Procedure.

Consultation

Council has recently called for tenders for companies to review its communications strategy, community engagement policy and procedure and to assist with the development of an action plan and staff training. The Reference Group will provide input into that process, over the next 18 months, ensuring that Council works effectively with the community in these areas into the future.

Financial

There will be no direct financial impact except for staff resources

Resources (including staff)

The General Manager and other key staff will attend the Reference Group Meetings

Operational Plan

The review of communications and community engagement are itemised in the operational plan.

Conclusion

The development of sound communications and community engagement processes is critical for Council to be able to effectively inform, consult and collaborate with the community. The formation of a Reference Group will provide a forum for community members to be involved in the development of these processes and to ensure there is clear communication between Council and the community.

ATTACHMENTS

1. Nominations summary community engagement and communications reference group (Confidential)

Recommendation

That Council endorse (names to be inserted) as members of the Community Engagement and Communications reference group

Council 16 April 2014 Item 12.6

12.6. Women in Sport - promotion by Bega Valley Shire Council

Local Government NSW (LG NSW) has called on all councils to promote women in sport

General Manager

Background

Womensport NSW is working with the Minister for Sport and Recreation on its Partnerships for Long Term Strategic Planning Program that works with councils to promote women in sport by improved access, participation and equity for women and girls, to assist in the delivery of the NSW State Plan and the social justice principles of access, equity and participation.

ALGWA NSW and Womensport NSW have been working in partnership since the Blacktown Conference in 2010 to promote ACCESS, PARTICIPATION and EQUITY for Women and Girls through Sport and Recreation.

Womensport NSW and ALGWA NSWand are now in the second year of the Partnerships for Long Term Strategic Planning Program. It is now proposed to capitalise on the momentum with a Local Government Women in Sport Equity Program.

Local Government NSW has undertaken to call on all councils to promote women in sport by improved access, participation and equity for women and girls, and promote this program so Councils can apply for accreditation as a Council Working Towards Sporting Equity for Women and Girls.

It is proposed that a Panel be formed with representation from the partner organisations that will consider applications from councils for accreditation, and review accredited councils annually to renew the accreditation. Fees will apply.

The entire program is strongly based on the concepts of resource sharing and networking, and many resources and tools will be available to councils who wish to improve their performance.

A copy of the presentation to the 2014 ALGWA Conference regarding Women in Sport is attached. The proposal for Bega Valley to participate in this program was brought back from the conference by the Councillors attending.

ISSUES

Policy

Council has policy relating to accessibility and access.

Social / Cultural

Proposed Local Government Women In Sport Equity Program

Councils are responsible for promoting and contributing to the health and well-being of their communities through the provision of services and facilities at the local level. Councils own the majority of sport and recreation facilities and influence or determine who uses them. Councils control how they are managed. Councils also make land use planning decisions about passive and active open space. Councils can make a real difference.

To increase women and girls participation in sports and recreation activities, community spaces need to be safe and welcoming to all members of the community.

Local government has a role to play in ensuring that sporting clubs and recreation facilities engage with a range of strategies aimed at creating inclusive sporting environments.

· Councils can promote and support the participation of women and girls as part of all sport and recreation programs and policies, including allocation of sports grounds.

· Review the current projects and policies that promote and encourage equal participation of women and girls, for example:

o Womensport NSW Girls Get Active Events WRNSW Girls Get Active Link

o Rockdale City Council’s Integrated Planning and Reporting Framework 2013 – 2025 and Rockdale Health Partnership Rockdale's IPR Framework

o Moreland City Council’s Active Women and Girls Strategy

o Yarra City Council’s Equitable Access to Sports Facilities Audit Tool Yarracity Access and Inclusion Plan

o Fair Game Respect Matters (VicHealth Program)

o Everybody Wins (VicHealth initiative).

· Provide relevant infrastructure to improve venues and encourage female involvement.

· Develop partnerships with local sporting clubs to promote equity, access and participation through gender equity training to outline how clubs can build capacity around women in governance, coaching and general participation roles.

· Take an active role in improving the health and well being of the community through the Integrated Planning and Reporting Framework.

· Become a Council member of Womensport NSW for $250 p.a.

Financial

The only direct cost is the membership fee of $250.

Resources (including staff)

Staff in the community services area would be involved through incorporating this process into current activities and promoting the resources, projects and potential funding sources to community sporting and health organisations.

Operational Plan

This project meets targets in the liveable area in a range of activity areas.

Conclusion

Using resources available through Womensport

ATTACHMENTS

1. Womensport NSW presentation to ALGWA 2014 Conference

Recommendation

1. That Bega Valley Shire Council undertakes to promote women in sport by improved access, participation and equity for women and girls.

2. That Bega Valley Shire Council participates in the Local Government Women in Sport Equity Program, and becomes a member of Womensport NSW.

Council 16 April 2014 Item 12.7

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

To report the details of Council’s investments during the month of March 2014.

Business and Technology 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 4 September 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 $52,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	January 2014	February 2014	March 2014
General Fund	$27,590,826	$25,090,726	$28,090,726
Water Fund	$13,022,303	$13,022,303	$13,022,303
Sewer Fund	$10,886,971	$10,886,971	$10,886,971

In addition there is $2,848,351.49 in uninvested funds in Councils operating account.

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.

8 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.

8 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.

Table 2: Restricted Cash and Investment by Fund

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000	Total ‘000
General Fund	$9,800	$18,196	-$2,154	$25,842
Water Fund	$4,228	$8,794	$1,617	$14,639
Sewer Fund	$1,945	$8,942	$3,908	$14,795

The restrictions reported in Table 2 relate to 30^th of June 2013.

Council formally calculates its restrictions as at 30^th of June each year. These restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between 1^st of July – 28^th of February that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

ATTACHMENTS

1. March Investment Report

Recommendation

1. That Council receive and note the attached report indicating Council’s Investment position.

2. That Council note the Certificate of the Responsible Accounting Officer.

Council 16 April 2014 Item 14.1

14.1. 2014 Australian Coastal Conference

The 2014 Australian Coastal Conference, run by the National Sea Change Taskforce, was held in Ballina 24 to 26 March 2014. Cr Michael Britten attended as Bega Valley Shire Council delegate.

Councillor Britten

The interim report of the 2014 Australian Coastal Councils Conference held at Ballina from 24 to 26 March is now available at: www.seachangetaskforce.org.au/Conference.html

Presentations made at the event are also available for download on the site.

Bega Valley Shire was awarded a highly commended (second place) award in the Category: Planning Management for its project “One Cost: Comprehensive Coastal Zone Management Framework. This was a result of the Planning and Environment sections work, presented by Council’s Environmental Services Coordinator.

I provide a summary of notes from the conference below:

SUMMARY OF NOTES TAKEN AT 2014 AUSTRALIAN COASTAL CONFERENCE

1. Affect of Climate Change on Insurance

An Insurance Policy for property is normally broken into elements of risk, reinsurance costs, profit margin & taxes. As a result of Climate Change the elements of risk & reinsurance have increased so that they cover nearly 75% of the total bill. Sea rise is not as yet taken into account in relation to risk & the insurance industry has developed a property resilience and exposure program which is based on Council generated information on hazard mapping, floods etc. If information is not available then high premiums as an estimate can occur.

2. Ballina Coastal Management

Ballina has 40,000 people with a small area of land of 484,000 sq kilometers with an aging population, household average of 1 – 2 persons with a low income per household & a lot of low lying flood prone land. The areas of attention are Lennox Head and Lake Ainsworth.

The Shire has reclaimed land for housing and a high cost of infrastructure with a low value land rate base & an expected increase in population of 15,000 – 20,000 people by 2030. They gross $182 m of Tourism spending per annum (less than the Bega Valley Shire which is $300 m and even though their airport, which is self funding, has a passenger turnover of 350,000 passengers per annum, (expected to increase to 450,000 with direct flights from Melbourne & Brisbane) most of this traffic goes to Byron Shire and elsewhere. The question they have to decide for the future is do they continue to fill land or raise floor levels, storm water & sea level rise are a problem for their coastal erosion control. Ballina Shire relies on the previously adopted NSW bench marks.

3. Problems created for Wellington Shire in East Gippsland at 90 Mile Beach by Development and release of 11,800 x 600 sq meter lots in lat 1950’s and early 1960’s

In this era without any planning controls a developer released 11,800 allotments without sewer or water over a 20 kilometre strip known as 90 Mile Beach. The land releases all front sand dunes and has been a major problem for the Victorian Government and the Wellington Shire which has resulted in options being prepared in some areas to allow nodal development and in others to buy back allotments.

4. The Bass Coast Shire in Victoria

Presented details of an Organisational Benchmarking Program they are conducting in conjunction with 24 other Councils to establish a data base with quantitative and qualitative analysis.

5. Population Trends in Coastal Australia

Denise Carlton, the head of Demography at the ABS referred to 20 year projections in population growth and said that since 1991 Australia’s population growth has gone from 17 to 23 million and most of this growth has been in recent years with an increase of 400,000 people per annum. Growth by natural birth is only a minor increase over and above death and the major growth is the net increase in migration of arrivals over departures. It is 50% higher than the net growth from birth. The projections to 2051 are from 34 to 42 million and with life expectancy increasing to 85 -88 years of age. In coastal areas between 2001 & 2013 population has grown by 882,000 which is a 20.7% increase and a further increase of 40% being 860,000 is expected by 2026. Sea change areas are increasing at a faster rate than inland areas & new figures are expected to be released in April 2014 & will be available on the ABS web site. By 2026 the Gold Coast is expected to increase its population by 76%.

6. Coastal Carbon

A short delivery was given by Peter Ralph of CSIRO as to the ability of sea grass, salt marsh, & mangroves to store blue carbon & they are endeavouring to predict what the loss of vegetation in these areas will cause in the release of carbon in the atmosphere. Blue carbon has been recognised since 2011 and is now included in carbon assessment.

7. CSIRO Report

A short report was given on the effect of marine debris on wildlife and research shows that there have been 115 million pieces of plastic deposited over 36,000 kilometres of coast and a brochure and questionnaire is attached to this report. The audience was asked to nominate areas for future research and these will be listed on the Sea Change Councils website in the near future. It was also suggested that anyone wishing to participate in the research should refer to the web site www.coastalresearch.csiro.au

8. CSIRO Coastal Collaboration Cluster

Reference was made to physical and biological studies and social impacts in coastal areas with research being carried out by 7 universities & references made to the Southern Councils Group study being conducted from Eden to Wollongong & we should ask for a Report from staff on this study.

9. Legal Risks from Climate Change

As far as the Courts are concerned climate change is real and Local Government must work acknowledging this. There is a real need to have plans in place on all risks eg fire flood etc. Councils can be liable for negligence and breach of statutory duty, however Councils can gain some protection from Sections 43 & 43 (a) of the Civil Liability Act & section 733 of the Local Government Act which create principles based on reasonable expectations and good faith. The Federal Government appears to be abstaining from involvement leaving the States to go their own way & in NSW we have the question under consideration of notifications on Zoning Certificates & in WA they are placing notification on Title Deed of the 100 year sea level rise but only with the owners consent. The key to handling matters is to have a strategy based on information that is reliable, implement that strategy and regularly review it so as to improve the risk environment.

10. Climate Change in the USA

An entertaining presentation was given by Allan Young of NSW planning who had recently studied in New York on climate change in the USA. He said they were 10 years ahead of us in land use planning but the bottom line was that the problem was structural and is a behavioural economic and financial problem, which is often addressed by buying back properties, sand replenishment and construction of rock walls. In America people regard the Government as the ultimate insurer and examples were given of Staten Island & Sectuate Beach Massachusetts. The issue of assisted relocations were also discussed and Allen can be contacted for assistance at allan.young@planning.nsw.gov.au or 02 9228 6507.

11. Reports

Reports were given on Coastal Planning in Victoria which has a Coastal Council under a Coastal Management Act with a State Strategy, three Regional Plans and Catchment Management Plans for local sites.

Discussions took place on Torquay & the Mornington Peninsula and the effect of the expected increase of Tourists to these Regions.

Discussion took place on the need to Governments to establish a futures Fund to plan for the costs of future adaptation and the need for green breaks between developed areas.

In East Gippsland they have carried out a hazard assessment locally and have tested and documented appropriate methodologies in CMA’s for stream & river data, ocean levels, dunes, beaches, with local detailed data being collected, GIS layers, hazard reports on erosion, and a review of technical approaches. Research work has been carried out by the University of Melbourne on East Gippsland.

A report was also given on the South East Coastal Adaptation study by the University of Canberra and includes estuaries in the Bega Valley, Eurobodalla and Shoalhaven & we should receive a report from our officers in the near future.

12. Community Engagement in Climate Adaptability

Presentations were given by East Gippsland and Kingsborough Council Tasmania on how do you get the message across & Kate Nelson of East Gippsland Shire has a prepared framework for a strategy to cover all stakeholders & is happy to make this document available to others.

The main point made by all Conference Speakers was to endorse an approach that did not rely on defining the causes of Climate change but rather dealing with the events of climate change as a fact that exists and has to be addressed and that this must be done in partnership with the Community to be successful.

13. Ballina Marine Discovery Centre

Ballina High School has established a marine centre which offers courses as part of the education system in aquaculture, boat licence, diving, environment & eco systems & the human effects on waterways. Courses are attended at the school from elsewhere in Australia and the success of the centre has led to careers in Marine related jobs.

14. Managing Coastal Erosion

Presentations were given by Ballina on their Coastal Zone Management Plan as it affected open beaches, pocket beaches, Lennox Head & the retaining walls erected in the late 1800’s. They suffer from sea rise, storm events, long term recession and dune instability. Lennox Head has recession of ½ meter per year. Their problems have been mapped and covered by a DCP and an action plan & a new line for development on the coastal areas is being set involving building design and the action plans are being continually monitored and reviewed.

A presentation was also given on Port Fairy which is suffering from severe erosion near Warrnambool and as the town relies on its Heritage Lifestyle & Tourism the future of the town is severely affected from erosion with loss of housing with recession of .3 of a meter per year. Community engagement on the issue has been essential.

A further presentation was given on the Kurnell Peninsula with Coastal Erosion on Cronulla Beach and Botany Bay where denuding of the area had resulted in large dunes moving inland ant the rate of 8 meters per year until stabilised in 1974. Since 1975 vegetation has occurred and now there is a 10 year funding plan with the State Government until 2020.

ATTACHMENTS

1. Coastal Conference SURVEY

2. Coastal Conference - Tackling Marine Debris

Council 16 April 2014 Item 14.2

14.2. Delegates Report - LG NSW Tourism Conference

Councillor Sharon Tapscott attended the Local Government NSW (LG NSW) Tourism Conference held in the Hunter Valley from 10 to 12 March 2014.

Councillor Tapscott

The 2014 LG NSW Tourism Conference was held at the Crowne Plaza, Hunter Valley 10th to 12th March and I attended as Council’s delegate, along with Anthony Osborne of Sapphire Coast Tourism.

I have compiled the following notes:

First lesson: make sure if you are holding a conference the address is complete and appears on a GPS.

Tuesday Morning

Destination Management Plan

It is important that all councils have a Destination Management Plan (DMP)

BVSC has one compiled through SCT.

Important notes...

· identify your aim

· identify your market.

· Identify. partnerships

· local operators

· conduct a business capability study

· hold an expo with local industry

Although the session was a bit dry and contained a lot of information about capturing data, it did indicate as very important, that your DMP should feed into your delivery plan otherwise and it was a dead document and nothing happens.

Tuesday afternoon

A tour was organised for delegates that visited local industries that have grown from small beginnings

Three cottage industries that have grown into multi-million dollar business:

· Olives (Co-Operative)

· Chocolate (a retirement interest which grew)

· Sparkling Wine (taking other peoples wine and putting bubbles into it.)

Lesson: Do one thing and do it well.

Tuesday Night

Delegates visited Hope Winery (location for television program Farmer Wants a Wife)

The Winery has been expanded to include an entertainment centre with a huge demountable stage and green field landscaped into a cauldron effect. This move has proved very successful with Fleetwood Mac and The Boss holding their Australian concerts in the Hunter Valley in preference to Sydney.

Wednesday Morning

This was a very interesting session, with case studies of three different Councils with different tourism problems.

Parramatta

Changing its profile - Briefcases to backpacks

Lessons: Don't follow others, be a bit quirky, and think outside what is already available.

Coffs Harbour

Moving them on: Free Camping

Identify these people, changing from Surfie Combie van types to fully self-contained RV owners who have spent a lot of money on their RV. They want to be self-contained and camp outside parks mainly because they travel with their animals.

We do not want to lose them completely but we do not want them to interfere with the Caravan Parks industry or cause problems for Council rangers or town teams.

One solution identified, putting a free campsite (no facilities) about 10 km out of town on the roadside with no particular amenity.

These people will stay one night but still visit the town for groceries, fuel and gas. This option does will not interfere with existing parks because they are do not stay there long term as there is no amenity.

Another option is to locate septic type dump points to capture these people and direct them to the locations that suit Council.

This problem is not going away and will only get bigger so we need to have a policy/procedure in place to take advantage of these cashed up travellers but at the same time control their impact on the shire, adverse or otherwise.

We also need to become more RV friendly with parking and signage.

Kiama Council

Short Term Stays

Kiama council have developed a policy to deal with these properties that have until now been unregulated.

It is more about the amenity of other residents and the complaints received which then makes it a Council issue and needs to be dealt with. It is something that cannot be managed unless it is monitored.

Kiama Council happy to help other councils with understanding the legislation and solutions to this problem, which included being very involved with the Lessee or their agent.

Gold Fields Heritage trail.

18 LGAs are represented on this trail; Bega Valley Shire is not included.

I introduced myself and the story of the Bega Valley Shire Goldfields to Jeff Stein, President of Gold Trails.

Three case studies of the Life cycle of and Event

1st Vivid Sydney

A look at a multi award winning event that has expanded over the years to include a large part of Sydney and attracts huge crowds. Interactive light installations and music with 70% of the events free to attend and has been running over the last six years.

2nd Denni Ute Muster

How a B &S ball held 15 years ago grew into a family event that attracts around 14,500. The event is run in two separate areas, one for the utes and one for the families that want to camp out and listen to the music programme. It was noted that most people come in groups.

Important aspects to a successful event: good infrastructure, good food, adequate staging. Organisers need to be aware that subtle changes to programme can have a huge effect

3rd Kurri Kurri Nostalgia Event

This event is all volunteer based and focuses on 1950/60s era and all things connected. It involves cars, music, dancing, dress and has outgrown the Main Street and has impacted on local residents. The event may have reached capacity and there is a need to address these issues. It was noted special interest groups will travel the furthest to be involved.

conclusion

It is clear that more and more councils consider tourism as a very important part of their business.

Even those councils not usually considered as a destination are putting a lot of effort and money into capturing this market.

Compared to other Councils we are well placed to expand our tourism footprint because of our natural occurring assets.

One lesson that came out of discussions was - Do not follow others, find your point of difference and concentrate on that.

ATTACHMENTS

Nil

Council	16 April 2014
*Item 8.1 - Attachment 1*	*BVSC Climate Change Strategy 2014*

Council	16 April 2014
*Item 8.1 - Attachment 2*	*Appendix A Climate Change Strategy 2014*

Council	16 April 2014
*Item 8.2 - Attachment 1*	*Development Plan - Amended Site and Floor Plan*

Council	16 April 2014
*Item 8.2 - Attachment 2*	*Development Plan - Amended Elevation Plan*

Council	16 April 2014
*Item 8.2 - Attachment 3*	*Development Plan - Amended Signage Plan*

Council	16 April 2014
*Item 8.2 - Attachment 4*	*Locality Plan*

Council	16 April 2014
*Item 8.2 - Attachment 5*	*Draft Conditions of Consent*

Council	16 April 2014
*Item 8.2 - Attachment 6*	*Summary of Submissions*

Council	16 April 2014
*Item 8.2 - Attachment 7*	*HillPDA Letter regarding Economic Impact*

Council	16 April 2014
*Item 8.2 - Attachment 8*	*Memo from General Manager with draft Reasons for Refusal*

Council	16 April 2014
*Item 8.2 - Attachment 9*	*Section 79C Assessment Report*

Council	16 April 2014
*Item 8.5 - Attachment 1*	*Draft Consent*

Council	16 April 2014
*Item 8.5 - Attachment 2*	*Proposed Elevations*

Funding source		Amount
Sewer Fund (New Asset Reserve)	$	24,000

Council	16 April 2014
*Item 12.4 - Attachment 1*	*Opteon valuation report 3197 millingandi road millingandi*

Council	16 April 2014
*Item 12.4 - Attachment 2*	*Lot 100 DP 1192435 image*

Council	16 April 2014
*Item 12.6 - Attachment 1*	*Womensport NSW presentation to ALGWA 2014 Conference*

Council	16 April 2014
*Item 12.7 - Attachment 1*	*March Investment Report*

Funding source		Amount
General Manager Performance Review	$	5,000

Council	16 April 2014
*Item 14.1 - Attachment 2*	*Coastal Conference - Tackling Marine Debris*

Council	16 April 2014
*Item 15.1 - Attachment 1*	*SIGNATURES rescission motion 160414 taylor hughes seckold*

Council	16 April 2014
*Item 18.1 - Attachment 1*	*Photograph of SEFE Fence*