Agenda of Council - 7 May 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 7 May 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 16 April 2014 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That an apology from Cr Tapscott be accepted for their inability to attend the meeting.

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 Pambula and South Pambula Urban Land Review-outcomes and recommendations 9

8.2 Erection of a dwelling and attached garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach 33

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 Memorandum of Understanding with Local Aboriginal Lands Councils and Welcome to Country Protocol....................................................................................................... 46

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.

10.1 Finalisation of the compulsory acquisition of the historically proposed Merimbula Cultural Centre site .............................................................................................................. 64

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 Main Road 272 - Outstanding Road Action..................................................... 86

11.2 Classification of land acquired at Cobargo..................................................... 90

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 Establishment of Eden Port project control group........................................... 93

12.2 Stop the NSW Power Sell Off - request for Council resolution......................... 94

12.3 Public exhibition - Draft operational plan, budget, fees and charges............ 118 .

13 Adoption of Reports from Standing Committees

RECOMMENDATION

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

14 Delegates Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public............ 122

20.1 Sapphire Aquatic Centre staffing structure

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 7 May 2014 Item 8.1

8.1. Pambula and South Pambula Urban Land Review-outcomes and recommendations

The purpose of the report is to advise Council of outcomes of the Pambula Urban Land Review and provide recommendations for the zoning of the land within the study area.

Group Manager Planning & Environment

Background

During the exhibition of the draft Bega Valley Local Environmental Plan (BVLEP) 2010, Council received submissions relating to the proposed zoning of lands located to the south and west of South Pambula. Those submissions sought opportunities to rezone their properties to provide additional residential land. Those parcels of land were included in Appendix 3 and deferred from the gazetted BVLEP 2013 and consequently BVLEP 2002 still applies to these sites.

Council, at its meeting on 28 February 2012 resolved to engage a suitably qualified planning consultant to review the potential for expansion of the Pambula and South Pambula residential areas. It was identified that the review should not only include those allotments identified in submissions, but also the lands adjoining the existing residential zones at Pambula and South Pambula. Those additional sites identified by Council staff for inclusion in the study were also deferred from BVLEP 2013.

Council engaged Zenith Town Planning to undertake the review. Zenith Town Planning provided a report which considered opportunities for additional residential land in the study area. The report included an assessment of issues associated with demographic trends, including growth forecasts, housing tenure, occupancy rates and housing incomes; the potential to develop land to provide affordable housing; as well as site constraints including flora and fauna, riparian buffers to protect important wetlands and waterways including Pambula Lake, slope and soil constraints, archaeology, flood and bushfire hazards, geotechnical and other landscape constraints.

On 12 June 2012, Council also considered a submission by the owner of the land at South Pambula, south of Summer Hill Road, to zone their land R5 Large Lot Residential (draft Bega Valley LEP 2010). Council resolved to defer a decision regarding this request pending the outcomes of the strategic review of the South Pambula and Pambula residential areas. This matter was outside the scope of the Pambula Urban Land Review project, however, some planning guidance was provided by Zenith Town Planning with regards to this land and is included below as Area 7.

A copy of the Zenith Town Planning report was provided to the owners of land, as well as the consultants who made submissions to the draft BVLEP 2012 on behalf of owners within the study area. Council received one response from Caddey, Searl and Jarman in relation to the report and a copy of that submission is included as Attachment 1 of this report.

This Council report provides guidance and recommendations for Councillors to seek a resolution on several sites located at Pambula and South Pambula that are currently deferred matters under Bega Valley Local Environmental Plan 2013.

OUTCOMES OF PAMBULA URBAN LAND REVIEW

The outcomes and recommendation of the consultant’s report are outlined below followed by staff comment. For the purpose of the report the study area has been broken up into six (6) key areas, with Area 7 the land south of Summerhill Road.

PAMBULA

There were two areas identified at Pambula (See Map 1) and they are described as Areas 1 and 2. Each area is discussed in turn.

Map 1 –Areas 1 and 2 Pambula

Area 1 - Lots 1 and 2 DP68708, Lots 102 and 103 DP734647, Lots 16-22 DP792850, Lots 10-13 DP1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP758825, Lot 1 DP198435, Lot 23 DP803543, Lots 8 and 9 DP997160 and Lot 10 DP734647

This area is currently zoned 2(f) (Future Urban) under BVLEP 2002.

Draft BVLEP 2010 proposed that this area be zoned R5 Large Lot Residential with a minimum allotment size of 2,000m². This area was not subject to a submission , however was identified to be included in the review by Council staff due to its close proximity to Pambula town centre and ability to be serviced with reticulated water and sewer.

The review concluded that the land is not suited to residential subdivision other than that proposed under the draft BVLEP 2010 as the land is heavily constrained due to vegetation, slope and gullies and offers only limited and fragmented potential for further residential development. The review recommended that the land retain an R5 zone with a 2,000m² lot size.

8 Staff comments
The recommendations of the review have been considered however staff are of the opinion that a higher density residential development could be achieved. The land is within close proximity to the Pambula CBD and, with the exception of lots 13-19 Section 14 DP 758825, is within the Pambula Water and Sewer Developer Servicing Plans. It is considered that the area could be zoned R2 Low Density Residential with a minimum allotment size of 550m². It is recognised that this area does have some physical constraints that may limit some of the land for low density residential purposes, however these area would be identified at the time of assessment of any development application for subdivision

Map 2 –Area 1 zone recommendation

8 Area 2 - Lot 529 DP1007936

This area is currently zoned 1(a) Rural General and 1(c) Rural Small Holdings under BVLEP 2002 and owned by the Eden Aboriginal Land Council.

The draft BVLEP 2010 recommended that this area be zoned RU2 Rural landscape with a minimum allotment size of 120 hectares. The review concluded that the land was not suitable for residential development based on the land having significant environmental constraints due to riparian corridors, slope and vegetation and recommended that zoning and minimum allotment size identified in the draft BVLEP 2010 be maintained.

8 Staff comments
It is considered that a more appropriate zoning for this land, as well as several small adjoining allotments which are also owned by the Eden Local Aboriginal Land Council, would be E4 Environmental Living with a minimum allotment size of 2 hectares. The E4 zoning would provide a reasonable transition between the Pambula Public School and the R2 Low Density Residential zoned land to the east of the site and E4 Environmental Living zoned allotments located to the north and west of the site. An E4 zone would also recognise the environmental values of the site while providing low-impact residential development opportunities.

Because of its size and physical characteristics it is considered that the RU2 Rural Landscape zone is not suitable as the land is not suited to agricultural purposes.

It is recommended that an E4 Environmental Living zone be applied to the land, as well as the adjoining land identified as part of the staff review, with a 2ha. minimum lot size. It is estimated that approximately 4 to 6 rural residential allotments could be achieved in close proximity to the Pambula town centre.

Map 3 –Area 2 zone and lot size recommendation

South Pambula

There were four areas included in the study area at South Pambula (See Map 4) and are described as Areas 3 to 6. The land south of Summerhill Road, while not being included in the study area, is included as Area 7 for the purpose of this report (referred to later in this report as Map 9). Each area is discussed in turn below followed by staff comment.

Map 4 –Areas 3 to 6 South Pambula

Area 3 - Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212, Lot 510 & 511 DP877207, Part Lot 11 and Lot 12 DP1076297 and Part Lot 321 DP1098908

This area is currently zoned 1(a) Rural General under BVLEP 2002.

The draft BVLEP 2010 recommended that this area be zoned RU2 Rural Landscape, except for the 11 small existing allotments around Furner Street proposed to be zoned R5 Large Lot Residential (See Map 4).

The review recommended that part of Area 3 should be considered for rezoning to R2 Low Density Residential due to its suitability for affordable residential development. Such a zone would provide additional low cost housing stock in an area adjacent to an existing settlement with minimal site constraints. The review concluded that this area should not require further assessment of flora and fauna, cultural heritage, natural hazards or geotechnical constraints other than would normally be required by legislation, e.g. a bushfire hazard assessment and structural compliance.

A subdivision concept plan was prepared as part of the review and is included as Attachment 2 to this report.

The review recommended that the remaining eleven allotments located adjacent and north of Furner Street being Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 remain as R5 Large Lot Residential to maintain scenic views along the Princes Highway. The review further recommends that most of the land surrounding the proposed R2 zone should be zoned RE1 Public Recreation with all other land in Area 3 to remain as RU2 Rural Landscape.

The submission from Caddey Searl & Jarman supported the proposed R2 zone, however recommended that lands not identified for R2 be zoned as R5 Large Lot Residential.

8 Staff comments
It is considered that the findings for the additional R2 land identified by the review be supported. Council staff also recommends that Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212 also be zoned R2 Low Density Residential, not R5 as recommended in the review, as most of these allotments are already developed with single dwellings and are located within the Water and Sewer Developer Servicing Plans. The RE1 zone is not supported at this time and should be determined at the time of final subdivision layout approval.

It is further recommended that the remaining land in Area 3 not recommended for R2 zoning be retained as RU2 Rural Landscape to ensure consistency with similar land located to the north, east and south, and maintain the high scenic values along the Princes Highway within this area.

Map 5 –Area 3 zone and lot size recommendations

Area 4 - Lot 302 DP749405

This area is currently zoned 1(a) Rural General under BVLEP 2002 with no subdivision potential.

Area 4 comprises Lot 302 DP749405 with an area of 12.64 hectares. The site abuts R2 Low Density Residential zoned land to the east and IN2 Light Industrial land to the west. Draft BVLEP 2010 exhibited the site as E3 Environmental Management with a minimum allotment size of 1 hectare. That part of the site fronting Mount Darragh Road has generally been cleared of vegetation and retains maintained grasslands, a dwelling and several structures. The remainder of the site is reasonably well vegetated and contains rocky outcrops and gullies.

The review considered that the land could be developed as R2 Low Density Residential lots in the future subject to water and sewer reticulation being available. The review recommended that the site retain an E3 Environmental Management Zone to act as a buffer between the existing South Pambula residential settlement to the east and industrial development to the west. Residential use would have the potential to sterilize adjoining industrial land and Council would need to consider rezoning the adjoining industrial land to a zone that is more compatible with residential development.

The submission by Caddey, Searle and Jarman received to the Review requested that the cleared area of the site fronting Mount Darragh Road be zoned R5 Large Lot Residential with a 3,000 square metre minimum lot size and 5,000 square metre average lot size. A conceptual design was provided yielding 10 lots which included a ‘no dwelling’ buffer to the adjoining industrial zoned land. The submission requested the remaining 8ha. of the lot be zoned E3 with a 1ha. lot size.

8 Staff comments
This area is not considered suitable to be zoned R2 Low Density Residential having regard to the adjoining industrial land to the west and the potential for a R2 zone to sterilize or restrict the development potential of the industrial land.

The South Pambula industrial area represents a significant portion of the Shire’s designated employment land supply. The area is currently used for a variety of industrial and other business activities. Due to the extremely limited opportunities for further development of McKell Drive estate in Pambula, the South Pambula industrial area is the only industrial zoned land with substantial capacity within the Merimbula District. As well as supplying industrial land in the short to medium term it is possible that the South Pambula industrial area will provide industrial land opportunities in the longer term.

It is recommended that the cleared land fronting Mount Darragh Road be zoned R5 Large Lot Residential with a minimum allotment size of 3,000m², with the remaining land zoned E4 Environmental Living with a minimum allotment size of 2 hectares. The proposed zonings would reflect the site constraints and provide a buffer between the industrial land and the South Pambula residential area. The proposed R5 and E4 zonings would potentially generate approximately 8 to 10 allotments which is in keeping with the submission from Caddey Searl & Jarman.

Map 6 –Area 4 zone and lot size recommendations

Area 5 - Lot 9 DP700570 and Lot 10 DP563110

This area is currently zoned 1(a) Rural General under BVLEP 2002.

The draft BVLEP 2010 proposed Lot 9 be zoned as R2 Low Density Residential and the Lot 10 as RU2 Rural Landscape.

The review identified that this area is suited to affordable urban development as it adjoins existing R2 zoned land, and is located within the Water and Sewer Developer Servicing Plan areas. The review also noted that access (for further subdivision) may be difficult to achieve and recommended a minimum allotment size of 2,000m². This lot size would be consistent with the general lot size of existing residential properties fronting the Princes Highway in this area which are long and narrow.

8 Staff comments
The recommendations for this area have been reviewed by staff and a further site inspection carried out. Having regard to the recommendation to zone Area 3 on the eastern side of the Highway for residential purposes it is considered that maintaining a 2,000m² lot sizing on the western side is not warranted. It is considered that the area is suitable for residential development and a 550m²lot size is supported. The existing R2 zoned allotments located to the north already have a minimum allotment size of 550m²under BVLEP 2013 it is estimated that an additional 17 residential allotments could be created in this area.

Map 7 – Area 5 zone recommendation

Area 6 - Lots 451-453 DP747031 and Part Lot 1 DP1088971

This area is currently zoned 1(a) Rural General under BVLEP 2002 with no subdivision potential.

The draft BVLEP 2010 exhibited these allotments as RU2 Rural Landscape zone with a minimum lot size of 120 hectares.

The area comprises four allotments with three lots retaining dwellings with ancillary structures. The area is generally well vegetated except for that part of the land fronting the Highway.

The review concluded that this area is not suited to residential development due to site constraints relating to poor access associated with the intersection of Summerhill Road with the Highway, unavailability of water and sewer services, high construction costs due to engineering considerations and the visual significance of part of the land when viewed from the Highway. The review recommended that this area retain the zonings and minimum allotment size exhibited under draft BVLEP 2010.

The submission received from Caddey Searl and Jarman requested that the area be zoned R5 Large Lot Residential with a range in minimum allotment sizes from 5,000 square metres up to 1 hectare. A conceptual design was provided and is included in Attachment 1 of this report.

8 Staff comments

Council staff support the conclusions and recommendations of the review for the land and acknowledge that the land is currently unsuitable for residential development. A review of the four allotments indicates that the land is not suited for any agricultural use and that it would be more appropriate to zone the land as E4 Environmental Living with a minimum allotment size of 2 hectares.

The E4 zoning and lot sizing is consistent with similar land located west of Pambula and within the Broadwater area. An E4 zoning with a 2 hectare minimum allotment size could result in approximately 8 additional allotments.

Map 8 –Area 6 zone recommendation

Area 7 - Lot 711 DP1128593

Map 9 –Area 7– Land south of Summerhill Road, South Pambula

This area is currently zoned 1(a) Rural General under BVLEP 2002 with no subdivision potential.

The draft BVLEP 2010 exhibited this allotment as RU2 Rural Landscape and a small section as E2 Environmental Conservation, with a minimum allotment size of 120 hectares. The review provided comment on the possibility of considering this land as R5 Large Lot Residential. The review recommended the following matters should be considered before a determination could be made;

• The capability of the land to accommodate on-site treatment and disposal of effluent,

• An alternative access to Summerhill Road for land both north and south of that road,

• The agricultural value of Lot 711 and the impact of preventing the use of the land for primary production,

• Appropriate protection of the drainage lines through buffers and engineering solutions for internal access,

• The scenic landscape value of Lot 711 and the visual impacts on that value,

• The ecological values of remnant vegetation, particularly that at the southern boundary, and the drainage lines,

• The need for additional R5 land having regard to the current supply and availability of large residential lots, recent take-up and forecast demand,

• Compatibility with adjoining land to be zoned RU2 Rural Landscape and E3 Environmental Management, and

• Any indigenous cultural heritage items or values associated with the land that may be impacted upon by development.

The submission received from Caddey Searl and Jarman requested that the area be zoned R5 Large Lot Residential with a minimum allotment size of 5,000 square metres with a 2 hectare average lot size. A conceptual design was provided and is included in Attachment 1 of this report.

8 Staff comments
Lot 7 has an area of 41ha and is substantially cleared and is located immediately south of South Pambula. The land contains two approved dwellings. On review it is considered that an E4 zone for the land may be appropriate having regard to the recommendations of this report for Areas 4 and 6. Further an E4 zoning would not be out of character with the adjoining urban environment and would provide a buffer to the Yowaka River and Pambula Lake. Staff are of the opinion that a lot size of between 5-10 ha may be achievable while still protecting Pambula Lake from run-off. The use of the lot averaging clause in the BVLEP 2013 would allow for the lots to be concentrated at the northern end of the land with a larger residue covering the southern end. The owner would need to prepare a planning proposal in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and including the matters raised in the Zenith Town Planning report. It is considered that a R5 zoning with the density proposed by Caddey Searl and Jarman is not appropriate for the area and an E4 zone would be more appropriate in providing a transition zone from the urban environment of South Pambula to the rural environment. Further an E4 zone would also recognise the landscape amenity of the area.

CONCLUSION

The review undertaken by Zenith Town Planning has addressed the opportunities for residential development around Pambula and South Pambula.

The three areas identified as suitable for affordable residential development are able to be serviced, have minimal environmental constraints, would provide the best economical cost opportunities associated with subdivision construction works and no further assessments would be required to lodge a planning proposal for this area.

It is recommended that these three areas be zoned R2 Low Density Residential and a Planning Proposal be prepared by Council staff for submission to the NSW Planning and Infrastructure for a gateway determination.

It is also recommended that those lands identified in this report for zoning RU2, R5, E3 and E4, also be included in the Planning Proposal.

With respect to Area 7 it is recommended the owner of the land be advised that Council is prepared to consider a E4 zoning for the land subject to a planning proposal being prepared for Council consideration. The planning proposal and studies required to be carried out would determine what lot sizing would be appropriate , however it is recommended that Council should indicate a minimum lot size of between 5-10ha , would be appropriate.

ATTACHMENTS

1 . Caddey Searl & Jarman submission

2 . South Pambula subdivision concept plan

3 . Pambula area existing and proposed zones

4 . South Pambula area existing and proposed zones

Recommendation

That Council resolve to make the following amendments to Bega Valley local Environmental Plan 2002:

1. Lots 1 and 2 DP68708, Lots 102 and 103 DP734647, Lots 16-22 DP792850, Lots 10-13 DP1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP758825, Lot 1 DP198435, Lot 23 DP803543, Lots 8 and 9 DP997160 and Lot 10 DP734647 be zoned R2 Low Density Residential with a minimum allotment size of 550m².

2. Lot 529 DP1007936, Lots 1-3, 16-19 Section 45 DP758825 and Lots 1-4, 19-22 Section 46 DP758825 be zoned E4 Environmental Living with a 2 hectare minimum allotment size.

3. Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212, Lot 510 & 511 DP877207, Part Lot 11 and Lot 12 DP1076297 and Part Lot 321 DP1098908 identified in Map 4 as Area 3 be rezoned to part RU2 Rural Landscape and part R2 Low Density Residential. Those lands to be zoned R2 shall have the Floor Space Ratio Maps be amended to incorporate 0.5:1 and Minimum Allotment Size Maps be amended to incorporate a minimum allotment size of 550m².

4. Lot 302 DP749405 be zoned part R5 Large Lot residential with a 3,000m² minimum allotment size and E4 Environmental Living with a 2 hectare minimum allotment size.

5. Lot 9 DP700570 and Lot 10 DP563110 be zoned R2 Low Density Residential, that the Floor Space Ratio Map be amended so both allotments reflect a ratio of 0.5:1 and that the Minimum Allotment Size Map be amended so both allotments have a minimum allotment size of 550m².

6. Lots 451-453 DP747031 and Part Lot 1 DP1088971 be zoned E4 Environmental Living with a 2 hectare Minimum Allotment Size.

7. Council notify the owner of Lot 711 DP1128593 that they to do not support a rezoning to R5, however Council does support in principle a E4 zone with a lot size of between 5-10ha.

8. Council proceed with a Planning Proposal for those lands identified above as Areas 1 to 6, and, if agreed by the Minister for Planning, exhibit the subject properties identified in accordance with the adopted recommendations.

Council 7 May 2014 Item 9.1

staff reports – LivEability (community and relationships)

7 May 2014

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

9.1 Memorandum of Understanding with Local Aboriginal Lands Councils and Welcome to Country Protocol.............................................................................................. 46

9.1. Memorandum of Understanding with Local Aboriginal Lands Councils and Welcome to Country Protocol

Council’s existing Memorandum of Understanding (MOU) and Welcome to Country protocols have been reviewed in consultation with Bega, Eden and Merrimans Local Aboriginal Land Councils.

Acting Group Manager Community and Relationships

Background

Memorandum of Understanding

Bega Valley Shire Council has had a Memorandum of Understanding (MOU) in place with Bega, Eden and Merriman’s Local Aboriginal Lands Councils (LALCs) since 2001. The MOU has been reviewed on a regular basis in consultation with the three LALCs. The most recent review has been underway since late 2013 and a refined and updated document is now presented for Councillors consideration.

The MOU has been established as a mark of reconciliation between Council and the Aboriginal people of the Bega Valley Shire. It acknowledges that Aboriginal people are the original inhabitants and custodians of the lands and waters of the Shire and that this special relationship continues today.

The MOU aims to strengthen the relationship between Council and the Shire’s Aboriginal community. It sets out obligations for both Council and for the LALCs and provides an important framework for future co-operation between all parties. Undertakings set out in the MOU aim to improve social and economic outcomes for Aboriginal people across the Shire and cover employment, economic development, community development and cultural heritage. Council actions arising from the MOU will be implemented by a range of Council programs with the Aboriginal Liaison Officer facilitating these outcomes.

Advice from the LALCs has led to some important refinements of the previous MOU which was developed in 2009. Firstly, there is a more specific acknowledgement of the Yuin nation as the indigenous custodians of the Bega Valley Shire. Secondly, the mention of native title holders as parties to the MOU has been removed. This is based on the advice that native title holders are sufficiently represented by the LALCs which have representative governance structures and are formal legal entities.

Welcome to Country Protocols

Welcome to Country and Acknowledgement of Country are recognised ways to pay respect to Aboriginal people by acknowledging traditional custodians, ancestors and the continuing cultural, spiritual and religious practices. Council developed Aboriginal Welcome to Country protocols in 2008 in order to guide our processes in this area. Like the MOU, these protocols aim to enhance relationships between Council and the Aboriginal community and ensure that respectful processes are observed at civic events and other functions. Further, these protocols serve to promote cultural awareness and recognition of the rich cultural life of Aboriginal people in the Bega Valley Shire.

Consultation with LALCs has led to two significant changes to the former protocols adopted by Council in 2008. This includes the provision that nominated people, other than elders, can be nominated to perform Welcome to Country in certain situations. For example, a younger person could perform a Welcome to Country at a Youth Week event. As with the MOU there is a more specific acknowledgement of the Yuin Nation as the indigenous custodians of the Bega Valley Shire and the two language groups, the Djiringani and the Thaua.

ISSUES

Policy

The MOU supports the Aboriginal Employment procedures 5.04.18 established in February 2014

Social / Cultural

Council’s adoption of the MOU and the Welcome to Country Protocol demonstrate an active approach to improving the social, cultural and economic wellbeing of the Aboriginal people of the Bega Valley Shire. These documents play a critical role in addressing a number of issues for Aboriginal peoples identified in Council’s Social Issues Papers in 2013.

Consultation

Bega, Eden and Merrimans Lands Councils have been widely consulted in the development of the MOU and the Welcome to Country protocols. Attention has been paid to ensuring that LALCs have sufficient time and opportunity to respond to drafts both as a group, and through one on one consultations held with individual LALCs in Eden, Bega and Wallaga Lake.

Financial

No additional financial resources are required to implement this recommendation.

Resources (including staff)

The Aboriginal Liaison Officer will play a major role in the facilitation of the MOU and the action plan process. Individual program areas of Council will be responsible for the development and carriage of specific actions within their area of responsibility.

Operational Plan

The review and implementation of the MOU are set out as in strategic action L3.3.3 in Council’s Delivery Plan 2012 -2017 and Operational Plan 2013/14

Conclusion

The Memorandum of Understanding and the Welcome to Country protocols are important mechanisms to enhance Councils relationship with the Aboriginal community of the Bega Valley Shire. The MOU provides a framework to ensure that issues of cultural significance are taken into account across all Council program areas. If endorsed by Council, an official signing will be organised between all parties.

ATTACHMENTS

1. Bega Valley Shire Council DRAFT protocol for Aboriginal Welcome to Country - April 2014

2. Bega Valley Shire Council and Bega, Eden and Merrimans Lands Councils DRAFT Memorandum of Understanding - April 2014

Recommendation

1. That Council confirm its commitment to the principals and obligations set out in the Memorandum of Understanding between Council and the Bega, Eden and Merriman’s Lands Councils.

2. That Council adopt revisions to the Aboriginal Welcome to Country protocols, 2014.

3. That the Chairpersons of the Local Aboriginal Lands Councils be advised of Council’s decisions.

4. That a formal signing of the documents be arranged to coincide with a Council meeting.

Council 7 May 2014 Item 10.1

10.1. Finalisation of the compulsory acquisition of the historically proposed Merimbula Cultural Centre site

This report provides further information in relation to the compulsory acquisition of Lot 1 DP 1004805 at Merimbula, which was notified in the NSW Government Gazette on 2 June 2000, however the issue of compensation was never finalised. Further direction from Council is being sought to resolve this issue.

Business and Technology Manager

Background

In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630, being a section of Crown land near the airport in Merimbula for the purpose of developing a Merimbula Cultural Centre.

Council made application to the Department of Local Government seeking approval for the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding to enable development of a proposed Merimbula Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown, certain Council land described as Lot 2 DP 549112, comprising of 18.5 hectares which was to be added to the adjacent vacant Crown land of the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

On 2 June 2000, the acquisition of Lot 1 DP 1004805 was gazetted, with the issue of compensation yet to be finalised. It would appear that no further action occurred whilst Council investigated development prospects and funding opportunities for the site.

On 3 July 2012, a report was presented to Council recommending rescission of the acquisition due to site restrictions as a result of re-zoning, however due to an address to Council, the matter was deferred for a further report to Council. The further report was intended to address the matter of land valuations, any compensation payable should Council not proceed, and confirmation that the adjacent Council site of 18.5 ha was no longer required as a land swap.

The further report was presented to Council on 21 November 2012, again seeking Council approval to rescind the acquisition, however Council resolved as follows:-

1. That Council retain Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision.

2. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

3. That the Mayor and/or General Manager be authorised to execute the necessary documents and that, if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

A copy of the Council reports of 3 July 2012 and 21 November 2012 are attached for the information of Councillors.

ISSUES

Legal

In September 2011, the Crown Lands Division wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the requirement to surrender the Council land was no longer necessary.

As the requirement to surrender the Council land was originally imposed to allow rezoning of the Crown Land acquired for the cultural centre, the Crown Lands Division sought Council advice as to whether the compensation issue was intended to be finalised or whether the acquisition was to be rescinded under section 31 of the Act.

Policy

At the time of acquisition, the land was zoned Special Uses 5(a) under the then Bega Valley Local Environmental Plan 2002, however it’s zoning under the CLEP is now SP2 Infrastructure.

Economic

Acquisition of the site as originally proposed is no longer considered feasible due to the significant costs involved to service the land. In addition, a further valuation was obtained from Opteon on 21 August 2012 valuing Lot 1 DP 1004805 at only $25,000.

Consultation

Crown Lands indicated back in 2012 that unless Council had granted other interests in the land since the acquisition or received compensation or other income from the site, it was not expected that Crown would claim any compensation.

Recent contact with both Crown Lands and the Office of Local Government however has indicated that compensation totalling $350,000 will be payable (based on the Caddey Searl and Jarman valuation report of 22 October 1999) and additionally that a significant amount of statutory interest incurred since the date of gazettal would also be payable under Section 50 of the Land Acquisition (Just Terms Compensation) Act 1991. Interest calculated to 29 November 2012 amounted to $203,296.29, however advice will need to be sought to calculate interest to date once Council resolve on its decision on how to proceed. The compulsory acquisition with agreement was based on the market value of the land at the time of gazettal, being 2 June 2000. As part of the agreement reached at that time, Council and the Crown Lands Division each paid a 50% share of the cost of the valuation report.

Financial

Given no allocation for funding has been made or planned for any consideration given would need to be taken from operational revenue.

Conclusion

Due to the site constraints and costs involved in completing the acquisition it is recommended that Council should now write to the Crown Lands Division and seek their consent to rescind the acquisition under Section 31 of the Act and finalise the outstanding issue of compensation relating to the acquisition. In relation to the issue of compensation under part 4 of the Act, when Council seeks the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

ATTACHMENTS

1. Report to Council 03.07.2012 ~ Rescission of the acquisition of the site intented for the proposed Merimbula Cultural Centre

2. Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

Recommendation

That Council resolve to either:-

1. Write to the Crown Lands Division and seek consent to rescind the acquisition of Lot 1 DP 1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and that Council cause a notice of the rescission to be published in the NSW Government Gazette; or

2. Resolve to retain Lot 1 DP 1004805 and through the Division of Local Government write to the NSW Treasurer seeking a waiver of compensation and statutory interest; or

3. Finalise the acquisition of Lot 1 DP 1004805 by payment of compensation and statutory interest.

4. That the Mayor and/or General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

Council 7 May 2014 Item 11.1

11.1. Main Road 272 - Outstanding Road Action

Council resolved in November 2003 to acquire property from various landowners in order to reconstruct and seal a final section of Main Road 272 between Bermagui and Tathra. Council approval however was not sought at that time to formally close a section of road reserve no longer required due to the realignment and the subsequent transfer of that section of closed road to the adjoining property owner.

Group Manager Infrastructure, Waste & Water

Background

In order to realign and widen a final section of Main Road 272 (Bermagui-Tathra Road), several property acquisitions were required, with compensation amounts approved by Council on 11 November 2003.

Upon completion of the final survey plans, it was established that a small section of road reserve adjoining property owned by Mr G E Williams was no longer required for road purposes. Mr Williams requested that Council apply to have the section of road reserve formally closed and transferred to him upon completion for consolidation with his existing landholding. The section of road reserve to be closed is indicated as proposed Lot 4 on the survey plan and is a total of 993m2. An area of 1.51 ha of Mr Williams’ property was acquired by Council to carry out the road works, with a compensation amount of $11,325 as per valuation obtained at that time and $9,800 paid to Mr Williams on the basis that the road closed be transferred at no cost to Mr Williams. Accordingly, as per the terms of the deed of agreement, it is recommended that upon formal closure of proposed Lot 4, it be transferred to Mr Williams for nil consideration, on the basis that the narrow section of land would not be of any significant value.

ISSUES

Legal

Formal Council resolution is required in order to lodge the road closure application with Crown Lands and to enable the Mayor and General Manager to execute the necessary documents to facilitate the transfer of proposed Lot 4 of unregistered plan of subdivision of Lots 4, 5, 6, 7 & 8 of DP 1172933, Lot 3 in DP 592304, Lot 4 in DP 1094928 and road closing under the Roads Act 1993.

Consultation

Mr Williams has been consulted regarding the property acquisitions and road closure requirements since the works commenced on Main Road 272 in 2003. Mr Williams has requested Council’s consideration to have the section of road reserve no longer required for road purposes transferred back to him upon closure.

Crown Lands staff have confirmed that upon closure the section of road reserve will revert to Council’s ownership, as it is part of an existing formed public road.

Financial

As the road actions were initiated by Council, the road closure application fee of $767.30 will be payable by Council upon lodgement at Crown Lands.

Plan registration fees, LPI transfer fees and legal costs will also be payable by Council to finalise the Main Road 272 reconstruction matter.

Operational Plan

Funds have been allocated to finalise the necessary road actions to bring this matter to completion.

Conclusion

Formal Council resolution is required in order to lodge a road closure application with Crown Lands for the closure of proposed Lot 4 of the attached unregistered survey plan as part of the reconstruction of part Main Road 272. Council approval is also sought to transfer proposed Lot 4 to Mr G E Williams upon closure and issue of Title for the compensation amount of nil.

ATTACHMENTS

1. Survey Plan - Main Road 272

Recommendation

1. That Council approve the lodgement of a road closure application to formally close proposed Lot 4 of unregistered plan of subdivision of Lots 4, 5, 6, 7 & 8 of DP 1172933, Lot 3 in DP 592304, Lot 4 in DP 1094928 and road closing under the Roads Act 1993.

2. That Council approve the transfer of proposed Lot 4 of unregistered plan of subdivision of Lots 4, 5, 6, 7 & 8 of DP 1172933, Lot 3 in DP 592304, Lot 4 in DP 1094928 and road closing under the Roads Act 1993 to Mr G E Williams for nil consideration upon formal closure and issue of Title.

3. That the Mayor and General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

Council 7 May 2014 Item 12.3

12.3. Public exhibition - Draft operational plan, budget, fees and charges

Council is required to exhibit its proposed 2014-15 draft operational plan including revenue policy, draft fees and charges and draft budget for a period of 28 days

Project Manager

Background

All councils in NSW are required to develop long term, medium term and short term plans under the Local Government Amendment (Planning and Reporting) Act 2009 which has transitioned councils to the Integrated Planning and Reporting (IPR) framework.

Documents proposed for public exhibition include:

Draft Operational Plan–- including the 2014-15 Revenue Policy

The Draft 2014 – 2015 Operational Plan, narrows the actions and projects specific to the budget year under the framework provided by the community strategic plan and more specifically by the delivery plan. The plan includes:

§ An outline of strategic activities to be undertaken for the year,

§ An outline of core functions activities per theme area, describing the level of service, resources used and funding sources.

§ Presentation of the revenue (rating, fees and charges) policy for the year

§ Describes statutory and efficiency performance indicators

Draft Budget 2014-15

The Draft Budget 2014-15 identifies the funding source by function in the community strategic plan themes, and the special rate variations previously approved by the Minister for Local Government.

Key factors which have informed the budget development include:

§ IPART approved an increase of 5.5% which results in an additional yield of $1.09m including special variation of $507k for Recreation Assets.

§ Estimated Award increases of 3% costing $635k across general, water, sewer and waste.

§ Operational savings of approximately $1m of Councils operating expenditure.

§ Increase in Renewals and Upgrade expenditure on Council assets, including roads and bridges bringing total expenditure to $26.8m

The 2015 budget has been developed in conjunction with Councils Long Term Financial Plan (LTFP). The LTFP “maps” council’s long term direction including major projects over a ten year period. The LTFP aligns with the Asset Management Plans and Service Level documents adopted by Council.

The Long Term Financial Plan includes the adopted long term rate pricing path including a special variation over three years scheduled at 2% in 2013/14 and 2015/16 for asset renewals, and the commencement of the recreation infrastructure renewal special variation in 2014/15 of 2.5% following the expiration of a previous five year variation.

Also for the first time this year Council has called for funding applications for the community support allocation to move away from ad hoc, one off consideration of expenditure in this area. The annual allocation has traditionally been $242k.

Applications have been received from various organisations and a report will vbe presented to Council for determination

There has also been a request from Eden Cove residents to amend the LTFP to bring forward funding for Government Road and to identify funding for the Lake Curalo boardwalk and other works in the Estate. This request will also be investigated so that Council can consider this during the assessment of any alterations to the budget priorities for 2014/15.

Sapphire Coast Tourism Ltd (SCT) have requested an additional funding allocation of $75,000 above the already budgeted value for 2014/15 to assist them with the promotion of the shire to attract visitors to the region. Separately Council is negotiating with SCT towards a new funding agreement for a period of 3 years which will potentially include a formal request for increased ongoing support.

In summary:

§ The 2015 budget shows Councils revenue streams increasing by a combined 4%.

§ In line with Council’s adopted Asset Management Plans, the Long Term Financial Plan, an increase in capital expenditure in the renewal of Councils asset in the 2015 financial year.

§ As circumstances and opportunities may alter each year, such as natural disaster events or new grants, the Operational Plan and Budget will be reviewed throughout the year.

DRAFT 2014-15 RATES AND CHARGES

Rate Peg 2014-15

IPART advised that it had determined that NSW councils may increase their general income by 2.3% under section 506 of the Local Government Act 1993 for the rating year commencing 1 July 2014.

Since 2011-12, IPART has set the rate peg under a delegation by the Minister for Local Government. The rate peg determination was calculated using the following approach:

§ the increase in the Local Government Cost Index (LGCI)

§ deducted a productivity factor of 0.2%

§ deducted 0.1% to remove part of the carbon price advance of 0.4% that was included in the rate peg last year.

Draft 2014-15 Fees and Charges

The Council also determines fees and charges for a range of services such as planning and building, library, and children’s services and facility usage. The fees and charges proposed for these services and facilities for the 2014-15 year are detailed in the draft fees and charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Management committees have been provided the opportunity to submit their draft fees for 2014-15, and these have been included

ISSUES

Legal

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit for a period of 28 days

Consultation

This report places the relevant documents on public exhibition, calling for submissions on any items.

Conclusion

The Council is required to public exhibit its draft plans and budget. Public exhibition will include documents available in all library branches, online presence and advertisements in local media.

Council will consider all feedback and formal responses.

ATTACHMENTS

Nil

Recommendation

1. That the draft Bega Valley 2014-15 Operational Plan including Revenue Policy be placed on 28 day public exhibition for the period 8^th May – 4^th June 2014.

2. That the draft Bega Valley 2014-15 Budget be placed on 28 day public exhibition for the period 8^th May – 4^th June 2014.

3. That the draft Fees and Charges 2014-15 be placed on 28 day public exhibition for the period 8^th May – 4^th June 2014.

4. That submissions and feedback be considered by Council prior to adoption

Applicant	BS McBain & KL McBain
Owner	BS McBain & KL McBain
Site	Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach
Zone	R2 Low Density Residential
Site area	1,940m²
Proposed development	Dwelling and attached garage

Council	7 May 2014
*Item 8.1 - Attachment 1*	*Caddey Searl & Jarman submission*

Council	7 May 2014
*Item 8.1 - Attachment 2*	*South Pambula subdivision concept plan*

Council	7 May 2014
*Item 8.1 - Attachment 3*	*Pambula area existing and proposed zones*

Council	7 May 2014
*Item 8.1 - Attachment 4*	*South Pambula area existing and proposed zones*

Council	7 May 2014
*Item 8.2 - Attachment 1*	*Draft consent*

Council	7 May 2014
*Item 8.2 - Attachment 2*	*Proposed elevations*

Council	7 May 2014
*Item 9.1 - Attachment 1*	*Bega Valley Shire Council DRAFT protocol for Aboriginal Welcome to Country - April 2014*

Council	7 May 2014
*Item 9.1 - Attachment 2*	*Bega Valley Shire Council and Bega, Eden and Merrimans Lands Councils DRAFT Memorandum of Understanding - April 2014*

Council	7 May 2014
*Item 10.1 - Attachment 1*	*Report to Council 03.07.2012 ~ Rescission of the acquisition of the site intented for the proposed Merimbula Cultural Centre*

Council	7 May 2014
*Item 10.1 - Attachment 2*	*Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act*

Council	7 May 2014
*Item 11.1 - Attachment 1*	*Survey Plan - Main Road 272*

Council	7 May 2014
*Item 12.2 - Attachment 1*	*Stop the NSW Power Sell Off - Request for Support*