Agenda of Council - 20 August 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 20 August 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 30 July 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 Appendix 3 Matter at Lot 171 DP 750238 Old Mill Road, Wolumla.................... 10

8.2 Finalisation of Rural Residential Lot Sizes Planning Proposal.......................... 14

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 Youth Council Nominations 2014/15............................................................... 34

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 Regional Development Australia Conference 2014........................................... 38

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 Supply and Installation of Sewer CCTV Equipment.......................................... 50

11.2 Compulsory acquisition of easement at Pambula for the purpose of a sewerage pipeline 53

11.3 CWF Consultative Committee Membership..................................................... 61

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 Fees and Charges 2015 - requested amendments........................................... 64

12.2 Certificate of Investments made under Section 625 of the Local Government Act 1993 69 .

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 South East Arts - Meeting held 18 July 2014 - Cr Liz Seckold........................... 75

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

18.1 Federal Government Budget impact on Bega Valley Shire Council................... 77

18.2 Heating for New Regional Hospital................................................................. 78

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.............. 79

20.1 General Manager mid term performance review and annual performance plan

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 20 August 2014 Item 8.1

8.1. Appendix 3 Matter at Lot 171 DP 750238 Old Mill Road, Wolumla

The purpose of this report is to seek a Council resolution to prepare a Planning Proposal to rezone Lot 171 DP 750238 Old Mill Road, Wolumla from RU1 Primary Production to E4 Environmental Living under Bega Valley Local Environmental Plan 2013 with a minimum lot size of 6 hectares.

Group Manager Planning and Environment

Background

Lot 171 DP 750238 was proposed to be zoned RU1 Primary Production with a minimum lot size of 120 hectares under draft Comprehensive Local Environmental Plan 2010 (draft CLEP). During the exhibition of draft CLEP, Council received a submission from the owner of the property requesting an E4 Environmental Living zone with a minimum lot size of 2 hectares to allow for future rural residential subdivision.

At the Council meeting held on 12 June 2012 Council resolved to include the land as an Appendix 3 matter being:

“That in regard to Draft Comprehensive Local Environmental Plan Council adopts the recommendations for the submissions outlined in…:”

· “Appendix 3 - further research to be carried out by Council staff prior to progressing via a future report to Council; and…”

The subject land is currently identified as a ‘Deferred Matter’ under BVLEP 2013 and consequently the provisions for the 1(a) Rural General Zone of Bega Valley Local Environmental Plan 2002 (BVLEP 2002) currently applies to the land.

DISCUSSION

Lot 171 DP 750238 is 40.5 hectares in area and is situated approximately 3km from the Village of Wolumla. The majority of the lot is forested, a small part of the lot is currently used for grazing and there is a house positioned on the far northern portion of the subject land (see Figure 1).

Figure 1: Subject Land - Lot 171 DP 750238 Old Mill Road, Wolumla

The objective of the RU1 Primary Production zone is “to encourage sustainable primary industry production by maintaining and enhancing the natural resource base”. The Agricultural Land Classification Atlas categorises the majority of the land as Class 5 indicating very low agricultural potential and a site inspection confirmed very little of the land is used or is suitable for agricultural purposes. On this basis it is considered a RU1 zone for the land is not appropriate.

The objective of the E4 Environmental Living zone is “to provide low impact residential development in areas with special ecological, scientific or aesthetic values.” The E4 zone is consistent with the surrounding development which consists largely of small acreage properties ranging in size from 1.7 hectares to 3.5 hectares.

Services and infrastructure available to the land include telecommunications, electricity and waste collection. There are bitumen sealed Council roads along the northern and western boundaries (Old Mill Road and Scotts Lane), with existing gravel access along the eastern boundary (Old Mill Lane).

The site contains some riparian land along the natural drainage lines in the far north eastern and western corners of the site and also a large natural drainage line that dissects the most southern portion of the site as illustrated in Figure 2. The majority of the land is heavily vegetated.

Figure 2: Riparian Land - Lot 171 DP 750238 Old Mill Road, Wolumla

The submission requested a minimum lot size of 2 hectares which could permit subdivision of up to 20 lots on the land however Council staff consider a larger minimum lot size is more appropriate, given the environmental characteristics of the land and the pattern of surrounding development.

Advice from Council’s Environmental Health Officer is effluent disposal by way of on-site sewerage management is likely to be successfully utilised for a limited number of rural residential allotments provided the lot design gives appropriate consideration to the drainage line to the north eastern corner.

On review Council staff consider a E4 zone with a minimum lot size of 6 hectares, to permit the development of up to six rural residential allotments is appropriate for the land. The application of the lot averaging provisions of BVLEP 2013 Clause 4.1B would allow for a subdivision design with five smaller lots of approximately two hectares on the predominantly cleared land along Old Mill Road and a larger lot to the south to conserve the environmental values of the land.

Conclusion

Council staff support the rezoning of Lot 171 DP 750238 from 1(a) Rural General under BVLEP 2002 to E4 Environmental Living with a 6ha minimum lot size under BVLEP 2013. A review of the environmental and physical characteristics of the subject land has shown the land has the potential to support additional rural residential development; there is existing infrastructure to service such development, it would be in keeping with the surrounding pattern of development and would not result in any loss of good quality agricultural land.

Council staff propose to investigate the appropriateness of the RU1 zone which currently applies to the surrounding rural residential allotments in the context of similar allotments throughout the Shire in the five year review of BVLEP 2013.

ATTACHMENTS

Nil

Recommendation

That Council resolve to prepare a planning proposal to rezone Lot 171 DP 750238 to E4 Environmental Living with a minimum lot size of 6 hectares under Bega Valley Local Environmental Plan 2013 and forward it to the NSW Department of Planning Gateway Panel for determination.

Council 20 August 2014 Item 8.2

8.2. Finalisation of Rural Residential Lot Sizes Planning Proposal

The purpose of the report is to detail the outcomes of the public exhibition and government agency consultation of the Planning Proposal for Rural Residential Lot Sizes (various properties).

Group Manager Planning and 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

“6. That Council proceed with a “planning proposal” and, if agreed by the Minister for Planning, re-exhibit those properties in accordance with the adopted recommendations of agreed submissions contained within Appendix 2. In the interim the subject land be “deferred”, thereby retaining its current zoning and status under Bega Valley Local Environmental Plan 2002.”

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 (BVLEP 2002) applying in the interim.

The Planning Proposal subject to this report addressed those properties in Appendix 2 relating to the application of Rural Residential Lot Sizes.

Planning Proposal: Rural Residential Lot Sizes (various properties)

Council staff prepared a Planning Proposal addressing those matters discussed above, relating to the application of rural residential lot sizing for various properties across the Shire. The lands included in the Planning Proposal are:

· Various Lots – Bermagui Cobargo Road, Coolagolite;

· Lot 26 DP 850443 – Green Point Road, Millingandi;

· Lots 721 & 722 DP 826975 – Princes Highway, Millingandi;

· Lot 262 DP 1162287 – Nutley’s Creek Road, Bermagui;

· Lot 11 DP 750222 and Lot 1 DP 1172916 – Ivor Jones Drive, Wonboyn;

· Lot 7321 DP 1164669 – Bega Street, Tathra.

The objective of the Planning Proposal is to provide an additional supply of rural residential living opportunities to meet demands in suitable locations identified through submissions in the Comprehensive Local Environmental Plan process. The Planning Proposal seeks to amend BVLEP 2013 by ‘un-deferring’ the subject properties and applying appropriate zonings and minimum lot sizes.

On 26 September 2013 Council received a Gateway Determination for the Planning Proposal from the NSW Department of Planning and Infrastructure and delegation from the Minister to make the plan. In accordance with the Gateway Determination, the Planning Proposal was placed on exhibition for 28 days between 25 April 2014 and 26 May 2014.

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to affected and adjoining landowners. Due to concerns raised by several residents, the exhibition period was extended for a further two (2) weeks. A total of 21 public submissions were received during the exhibition period.

Submissions were also received from the NSW Office of Environment and Heritage (OEH), NSW Department of Primary Industries (Fishing and Aquaculture) (DPI), NSW Rural Fire Service (RFS), and the NSW Trade and Investment (Resources & Energy).

Copies of all submissions will be tabled at the Council meeting.

The following section details key issues raised in submissions for each subject site within the Planning Proposal.

DISCUSSION OF SUBMISSIONS

Site 1: Various Lots – Bermagui Cobargo Road, Coolagolite

The Planning Proposal aims to rezone three “deferred” allotments (Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487) to E4 Environmental Living consistent with the draft BVLEP 2010 and provide a minimum lot size of 2 ha to all allotments identified within the subject area outlined in red above, including the 3 lots proposed to be zoned E4.

A total of 12 public submissions were received to the Planning Proposal and are detailed below;

1. The 1(c) zoning is the correct zoning and translates to RU4 not E4.

Staff Comment: The NSW Planning Circular 11-011 issued on 10 Mach 2011 by the Department of Planning and Infrastructure provides clarification of the intent of the RU4 Primary Production Small Lots zone as, “it is a rural zone for agricultural uses, not a pseudo-residential zone.”

A review of the Agricultural Land Classification Atlas far South Coast Region NSW dated August 1986 details the land is identified as all Class 5 which is “lands not suited to agriculture or suited only to rough grazing. Agricultural production, if any, is very low.” Inspections of the subject properties confirmed limited grazing is currently undertaken. It should be noted that extensive agriculture (grazing) is a permitted use, without consent, in the E4 Environmental Living zone.

It is considered the E4 Environmental Living zone, as exhibited in draft BVLEP 2010, is the most appropriate zoning for Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 as the attributes located on-site meet the objectives of the E4 Environmental Living zone and would be consistent with the zoning of the other allotments within the subject area.

2. Why haven’t RMS been brought in to discuss Ridge Road. We would like to be present when RMS and RFS are conducting their respective inspections and be given the opportunity to express our views.

Staff Comment: The Gateway Determination did not require the Planning Proposal to be referred to Roads and Maritime Service (RMS) and Council staff anticipate no significant impacts on the Cobargo/Bermagui Road as a result of this Planning Proposal. The Planning Proposal was referred to NSW RFS who advised Council should be satisfied that future development of the land will be able to meet the requirements of Planning for Bushfire Protection (PBP) 2006. Council staff consider any future residential subdivision can meet PBP 2006 requirements.

3. We object to the proposed extractive industry buffer zones being applied to private property... Our land will be devalued…cannot use it for its intended use…Subdivision capacities within these buffers would be lost.

Staff Comment: The Planning Proposal does not seek to gazette an Extractive Industry Buffer. The Extractive Industry Buffer mentioned as part of this Planning Proposal is one of several environmental/amenity issues that must be taken into consideration by Council. The Planning Proposal was commented on by NSW Trade and Investment (Resources and Energy) who identified the south western portion of the subject area is positioned within 150 metres from an identified resource known as the Blue Shale Quarry and less than 400 metres from Costins Pit.

Resources and Energy have provided the following explanation on the extractive industry buffers (now called transition areas):

“The NSW Mineral Resource Audit (MRA) was an assessment of known mineral (non-energy) and extractive resources and potential resources carried out by NSW Trade and Investment – Mineral Resources Branch. The MRA was undertaken to identify important resource areas that need to be considered in land use planning within an LGA.

“The MRA classifies areas as either identified resource areas or potential resource areas. Identified resource areas include all state and regionally significant operating (or proposed) mines, quarries and undeveloped defined resources. Potential resources include areas where potential has not been fully assessed or areas that have a high potential for discovery based on current knowledge.

“The MRA mapping also includes ‘transition areas’ (formerly referred to as buffers). Transition areas are an area immediately surrounding an identified resource (usually operating mines or quarries). Transition areas were intended to flag an area which could potentially be impacted by activities associated with the operation. They were designed as a tool for use by planners with the aim of hopefully avoiding (or minimising) potential land use conflict.”

Council staff reviewed the comments raised in both the public submissions concerning the Extractive Industries Buffers and also comments received by NSW Resources and Energy. It is considered the existing operational aspects of both quarries can be suitably considered in any future development application that may be submitted within the subject area.

4. We operate a small quarry from that site which seems to work well with the current buffer zones in place, and are hoping that any changes the Council is considering will not affect our ability to continue our business at its current capacity well into the future.

Staff Comment: The location of existing Extractive Industries was detailed in the Planning Proposal and their locations were further commented on by NSW Resources and Energy. Any future development of land within the subject area would need to consider the existing operations of the quarries located in the immediate area.

5. The NSW Government’s ‘Iconic Species Project’ (December 2013) indicates…the Coolagolite area is a link area for koalas in Biamanga and Gulaga National Parks…and the proposal to reduce minimum lot sizes at Coolagolite is unacceptable.

Staff Comment: Concerns over habitat for Koala connectivity was raised in the OEH submission who have objected to the proposed 2 ha minimum lot size. (Moreover, OEH had previously raised concerns over the 5 ha minimum lot size exhibited under draft BVLEP 2010). OEH is strongly concerned not to cause fragmentation of an important Koala corridor between Gulaga and Biamanga National Parks.

OEH also raised concerns regarding the potential impact on Aboriginal objects and on the significant Aboriginal cultural landscape values that exist within the subject area. Council staff consider the requirement for Aboriginal cultural heritage assessments can be properly addressed during the assessment of future development applications on the site however, the impact on Aboriginal cultural landscape values cannot be adequately addressed.

It is considered the objections raised by the OEH in relation to the potential impact of 2 ha lot sizes on the Koala corridor and Aboriginal cultural landscapes cannot be satisfactorily mitigated. It is recommended the Planning Proposal revert to a minimum lot size of 5 ha in accordance with what was exhibited in the draft BVLEP 2010 and a reduced lot size of 2 ha not be supported.

Site 2: Lot 26 DP 850443 – Green Point Road, Millingandi

The Planning Proposal aims to zone the subject site as E3 Environmental Management and E2 Environmental Conservation consistent with the draft BVLEP 2010, but to reduce the exhibited minimum lot size from 5ha to 3 ha.

One public submission was received in respect to this site which supported the planning proposal subject to other allotments along Green Point Road also being considered for a reduced minimum allotment size.

Comments were received by the OEH, RFS and DPI raising several concerns with the subject land. OEH identified additional information would be required before Council proceeds with the Planning Proposal.

The main concern identified by OEH and the DPI was that future on-site sewage management impacts are needed to be fully understood and mitigated, given the close proximity to SEPP 14 Wetlands and Merimbula Lake which is a classified Priority Oyster Aquaculture Area.

The RFS concerns related to the provisions of Asset Protection Zones and their possible impact on existing vegetation located on-site.

Staff Comment: On review of the State Agency submissions, the owner of the land has reconsidered the minimum allotment size and is now seeking a 5 ha minimum lot size as exhibited under the draft BVLEP 2010 (see Attachment 1). Council staff support the 5 ha minimum lot size as it is in keeping with the surrounding lands.

Site 3: Lots 721 & 722 DP 826975 – Princes Highway, Millingandi

No public submissions were received for this site. Comments were received from OEH, RFS and DPI who detailed several concerns with the subject land and identified additional information would be required before Council could proceed with the Planning Proposal.

The main concern identified by OEH and DPI was that future on-site sewage management impacts are needed to be fully understood and mitigated given the close proximity to SEPP 14 Wetlands and Merimbula Lake which is a classified Priority Oyster Aquaculture Area.

Staff Comment: Council staff have provided copies of the agency submissions to the owners and discussed those concerns in detail. The owners have agreed to provide Council with further studies to address DPI and OEH concerns (see Attachment 2). Due to time restrictions in the processing of the Planning Proposal, it is recommended the subject land for this site be removed from the Planning Proposal to permit the consideration of this information, but to allow the other sites to proceed.

Following preparation of the additional information from the land owners and consultation with the State Agencies, Council staff will report this matter to Council prior to a new Planning Proposal for the subject land being resubmitted to the Department of Planning and Infrastructure for Gateway Determination. In the meantime the site will remain a “deferred matter” and the provisions of BVLEP 2002 will continue to apply.

Site 4: Lot 262 DP 1162287 – Nutley’s Creek Road, Bermagui

The Planning Proposal aims to zone the subject site as E3 Environmental Management consistent with the draft BVLEP 2010, but to amend the minimum lot size from 5 ha to 4 ha.

No public submissions were received, however comments were received from OEH.

OEH suggested the placement of an R3 Medium Density Residential or R2 Low Density Residential zone on either the northwest or southwest corners of the Lot to allow one dwelling to be built on-site, with the remainder of the lot zoned as E2 Environmental Conservation. OEH identified this would restrict further development on the remainder of the site to protect existing hollow bearing trees.

Staff Comment: The owners were notified of OEH comments and are supportive of the protection of hollow bearing trees and vegetation. Council staff support the application of R3 Medium Density Residential or R2 Low Density Residential in this location as these zones do not reflect the environmental characteristics or the anticipated development of the site and recommend the exhibited E3 Environmental Management zone be retained to permit only one dwelling.

It is considered that amending the zoning to part of the land to E2 Environmental Conservation and E3 Environmental Management addresses the concerns raised by OEH. The land owners support this proposed outcome.

It is recommended the proposed zoning be amended in accordance with the attached plan (below) with a minimum lot size of 4 ha (as exhibited in the Planning Proposal) to permit one dwelling.

Figure 1: Proposed amended E2 Environmental Conservation and E3 Environmental Management zones.

Site 5: Lot 11 DP 750222 and Lot 1 DP 1172916 – Ivor Jones Drive, Wonboyn

The Planning Proposal aims to zone the subject site as E3 Environmental Management and E2 Environmental Conservation consistent with the draft BVLEP 2010, but to reduce the minimum lot size from 120 ha to 40 ha.

No public submissions were received for this site. Comments were received by the OEH, RFS and DPI who raised several concerns with the Planning Proposal.

The DPI identified there are a number of Priority Oyster Aquaculture Areas (POAAs) located near the subject site and it is critical water quality is protected in estuaries that contain POAAs. In particular, it is important all on-site sewage management systems are suitably designed and sited and that construction sediment and erosion controls are installed and maintained to prevent adverse impacts on the Oyster Industry.

The OEH objected to the reduction in the minimum lot size to the subject site. They cited the previous Major Project Application (MP2006.0147) for a 7 lot subdivision on the land that was refused by the NSW Department of Planning on bushfire grounds. They further detailed that the site retains numerous threatened species, currently has no development entitlements under BVLEP 2002 and a number of Aboriginal sites have previously been recorded on the land.

The RFS objected to the Planning Proposal as it is not consistent with the provisions of s117 Direction 4.4 ‘Planning for Bushfire’ specifically clauses 4.4(4) and 4.4(5) and it has concerns with this subject site as it is not likely to be able to satisfy the required bushfire protection measures identified in the Planning for Bushfire Protection 2006. In providing these comments, the RFS cited the previous Major Project Application (MP2006.0147) for a 7 lot subdivision that was refused on bushfire grounds.

Staff Comment: Based on the agency objections, Council staff consider the proposed reduction in lot size should not be supported. In particular compliance with the Planning for Bushfire Protection 2006 cannot be met. It is recommended the site retain the E2 Environmental Conservation and E3 Environmental Management zones with a minimum lot size of 120 ha as originally exhibited in the draft BVLEP 2010.

Site 6: Lot 7321 DP 1164669 – Bega Street, Tathra

The Planning Proposal aims to zone the subject land as E3 Environmental Management, E2 Environmental Conservation and R2 Low Density Residential consistent with the draft BVLEP 2010, but to reduce the minimum lot size from 120ha to 40ha for the E3 and E2 zoned land. The R2 zone would retain the draft BVLEP 2010 minimum lot size of 550m².

Seven (7) public submissions were received objecting to different aspects of the Planning Proposal. One (1) public submission supported the Planning Proposal, as did the agency submission from OEH. The details of the submissions are outlined below:

1. The R2 zoning and 550m² lots invite forest clearing to protect assets but this will promote weed infestation of the forest and dumping of domestic detritus…we believe the R2 lot sizes of 550m² proposed for this pocket of residential zoning is inappropriate…development of up to 60 lots will impact greatly on not only our lifestyle, but owners of already established dwellings bordering this area. Privacy would be lost affecting our quality of lives, ambience and quietness of the bush behind us. Increased dust from soil displacement, roadworks and general vehicular traffic…

Staff Comment: The R2 Low Density Residential zone with a 550m² minimum lot size is a straight roll over from BVLEP 2002 which zoned these areas 2(a) Low Density with a 550m² minimum lot size. The proposed R2 Low Density Residential zone and lot size is what was exhibited in the draft BVLEP 2010 and therefore no additional impacts will arise from this Planning Proposal.

2. One submission was received that detailed the Subject Site seemed to be logical and the siting of houses where there is already housing development and infrastructure makes sense.

Staff Comment: As discussed above, the proposed R2 zoning and 550m² lot sizing is a straight roll over from that which already exists under BVLEP 2002.

3. For the E3 zone, no more than 2 properties should be allowed to the south of the reservoir and none to the northern section because of steep terrain and potential run-off to river… due to the wildlife consideration and other constraints…

Staff Comment: The 40 ha minimum allotment size provides an appropriate standard consistent with planning principles applied across the Shire. The application of Clause 4.1B of BVLEP 2013, lot averaging, provides flexibility in subdivision layout design to enable the protection and conservation of environmental values.

The final lot yield would be subject to future development application(s) for detailed assessment and determination.

4. I agree with the development of the land to the west of Thompsons as long as it is done in an environmentally sensitive way, and that the lot sizes are large.

Staff Comment: Any future development application(s) would require a full environmental assessment of the proposed development. The Planning Proposal seeks to maintain the ability to undertake development that is permitted under BVLEP 2002.

5. The Tathra proposal does not seem consistent, in some respects, with the South Coast Regional Strategy… development should only be carried out on cleared land.

Staff Comment: The South Coast Strategy states: “Urban development will be located on largely cleared land or areas where only limited clearing of native vegetation with low conservation vales is required”. The Planning Proposal has considered all the relevant provisions of the South Coast Regional Strategy and satisfies its objectives, in particular the need to appropriately protect highly significant diverse natural assets and associated biodiversity.

6. Object because it does not conform with Ministerial Directions relating to proposals for development in bushfire prone areas.

Staff Comment: The Planning Proposal was referred to the RFS who advised Council should be satisfied prior to finalising the Planning Proposal that future development of the land will be able to meet the requirements of Planning for Bushfire Protection (PBP) 2006. Council staff consider any future development could meet the requirements of PBP 2006 having regard to access, services and provision of asset protection zones.

7. Any development would not be appropriate due to the old tip site and associated health risks, as well as fire risks.

Staff Comment: Land located adjacent to the subject site was originally utilised as a garbage tip. It is considered the topography of the land would limit the opportunity for any future dwelling sites being located adjacent to the old garbage tip. It is considered that the concern raised in relation to the existing tip site can be suitably addressed during the assessment of any future development application for the site given the location and boundaries of the tip have been identified.

8. The steepness of the land, type of soil and velocity of stormwater makes it quite prone to soil erosion that enters the Bega River Catchment

Staff Comment: Council staff consider this issue can be adequately addressed through the assessment of any future development application(s) for the site.

9. On the northern side of our ridge is a temperate rainforest gully of great importance and forms an important component in the ranges of threatened species.

Staff Comment: The site and surrounding area does include significant vegetation. Any future development application(s) to subdivide or develop the land would be required to assess any impacts that may occur on existing vegetation located within the site.

Office of Environmental and Heritage: The OEH supports the proposed zoning of the subject site and the proposed amendment to the minimum lot size as this would maintain the development entitlements permitted under BVLEP 2002. OEH identified there are a large number of Aboriginal sites known to occur in the immediate area and an Aboriginal cultural heritage assessment would be needed to inform any future development proposals.

Summarising Staff Comment: The concerns raised in all submissions are matters that can be addressed by any future development application(s) for the subject area. The proposed zoning of the land and the provision of the minimum lot sizes are consistent with those existing under BVLEP 2002. No change to the Planning Proposal for the subject site is recommended.

Conclusion

Public exhibition and agency consultation of the Planning Proposal has been completed. The issues raised in the submissions have been summarised and commented upon in this report and appropriate staff recommendations made.

The OEH and RFS have objected to the Planning Proposal for two of the subject sites and raised concerns for two others. As a result, Council cannot use its delegation under Section 59 of the Environmental Planning and Assessment Act 1979 to finalise the Planning Proposal if Council cannot satisfy those objections.

It is considered the recommendations by staff satisfactorily address the objections and concerns and if the recommendations are adopted, Council is in a position to exercise its delegations.

ATTACHMENTS

1 . Petterson Email Regarding Site 2

2 . Response on behalf of Owners of Site 3 and Site 5

RecommendatioN

1. In respect of the Planning Proposal for Rural Residential Lot Sizes Council resolves the following:

a) That Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 - Bermagui Cobargo Road, Coolagolite - be zoned E4 Environmental Living with a minimum lot size of 5 hectares. Further, the current minimum lot size under BVLEP 2013 for the remainder of the land within the subject area be unchanged.

b) That Lot 26 DP 850443 - Green Point Road, Millingandi - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 5 hectares.

c) That Lots 721 & 722 DP 826975 - Princes Highway, Millingandi - be removed from the Planning Proposal.

d) That Lot 262 DP 1162287 - Nutley’s Creek Road, Bermagui - be zoned E3 Environmental Management and E2 Environmental Conservation as per Figure 1 of this report. Further, the minimum lot size be 4 hectares.

e) That Lot 11 DP 750222 and Lot 1 DP 1172916 - Ivor Jones Drive, Wonboyn - be zoned E3 Environmental Management and E2 Environmental Conservation with a minimum lot size of 120 hectares.

f) That Lot 7321 DP 1164669 - Bega Street, Tathra, be zoned E3 Environmental Management, E2 Environmental Conservation and R2 Low Density Residential. Further, the minimum lot size for the E3 Environmental Management zoned land and E2 Environmental Conservation zoned land be 40 hectares.

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

3. That the owners of Lots 721 & 722 DP 826975 Princes Highway, Millingandi be advised the land has been removed from the Planning Proposal. Further that additional information is required (as detailed in this report) to enable further consideration of the matter.

4. That all persons and agencies who have made submissions be advised of the above.

Council 20 August 2014 Item 11.1

11.1. Supply and Installation of Sewer CCTV Equipment

This report details the outcomes of the evaluation of Tender 32/14 for the supply and installation of sewer Closed Camera Television (CCTV) equipment. The report recommends award of the contract to the preferred tenderer.

General Manager

Background

Bega Valley Shire Council holds NSW Environment Protection Authority (EPA) licences associated with six sewage treatment plants. The licences require Council to manage the treatment plants and collection systems with a major focus on effluent quality and elimination of unlicensed sewage discharges.

A number of asset management strategies are used to reduce the environmental risks associated with collection systems. These strategies include routine jetting and CCTV inspection of sewer mains. Council has utilised CCTV technology to carry out inspections since 2007 and equipment replacement is now required.

The expected service life of this equipment is 8–10 years however technology improvements often mean equipment become obsolete sooner than the service life.

ISSUES

Legal

As the proposed tender value was forecast to be greater than $150K formal tenders were invited in accordance with Local Government Procurement requirements. Request For Tender (RFT) 32/14 was publically advertised with tenders closing on 16 July 2014.

The tender process complied with the Local Government Act 1993.

Policy

The tender process also complied with the Council Procurement Policy.

Tenders were advertised in local media commencing 25 June 2014 and in the Sydney Morning Herald on the 24 June 2014 . At the close of tenders two (2) submissions were received from the following companies:

· Austeck Pty Ltd

· SECA Pty Ltd

The tender submissions were assessed using the following evaluation criteria:

Criteria	Weighting
Price	30%
Experience	20%
Equipment Functionality	50%
WH&S	Compliant / Non-Compliant
Total	100%

A confidential memo is provided as an attachment to this report. The memo details the commercially in confidence tender information and assessment of criteria to gain the best overall value for Council.

Environmental

The combined jetting and CCTV program has resulted in a substantial reduction of sewage discharged to the environment over the last five years. The purchase of the replacement CCTV equipment will help identify poorly performing assets and provide asset condition data needed for capital works programming.

Asset

The purchase of the replacement CCTV equipment will help identify poorly performing assets and provides asset condition data needed for capital works programming.

Strategic

CCTV equipment is the main tool used to collect asset condition data for sewer mains. The data is a critical input for Asset Management Plans and provides the key information needed to optimise future capital works renewal expenditure. The CCTV equipment is also periodically used for the inspection of storm water pipeline systems.

Financial

The replacement CCTV equipment will be funded from available sewer fund reserves. Existing truck and equipment will be sold and expected to yield between $70k - $100k.

Resources (including staff)

Substantial Council resources have been devoted to the procurement process. The operational staff numbers required to operate this equipment in the field has not changed.

Operational Plan

The purchase of replacement CCTV equipment supports ongoing Operational Plan objectives.

Conclusion

CCTV equipment enables asset condition and performance data to be collected for sewer mains throughout the Shire. The collected data is then used to accurately target renewal funds expenditure to achieve Asset Management Plan and Operational Plan objectives.

The replacement CCTV equipment will enable a continuation of the data gathering process.

ATTACHMENTS

1. Tender 32-14 - Supply and Installation of Sewer CCTV (Confidential)

Recommendation

1. Council accept the recommendations as outlined in the confidential attachment.

2. Council accept the tender submission from <insert> in relation to the supply and installation of sewer CCTV equipment as described in RFT 32/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

4. That other suppliers be advised of Council’s decision.

Council 20 August 2014 Item 12.1

12.1. Fees and Charges 2015 - requested amendments

Council is required to publicly exhibit any amendments for a period of 28 days to the adopted 2015 Fees and Charges which form part of the Integrated Planning and Reporting Framework.

Group Manager Strategy and Business Services

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.

At its meeting on 7 May 2014 Council resolved to place the following documents on public exhibition for 28 days covering the period 8 May –5 June 2014:

§ Draft Delivery Plan and Operational Plan 2014-15 including the Revenue Policy 2014-15;

§ Draft Operating Budget 2014 – 15;

§ Draft Fees and Charges 2014 – 15.

At its meeting on 25 June 2014 Council adopted the above documents with internal amendments as reported.

Following adoption of the Fees and Charges 2014-15, additional feedback has been received and the following changes are requested to be publicly exhibited:

Road Closure Applications

Adopted fee 2015 $	Proposed change to be exhibited $
Crown Road - 169	1,500
Council Road - 300	1,500

This change comes following advice from Crown Lands that Council will now be required undertake advertisement, public consultation and resolution prior to lodging a road closure application with the Department. Investigation into what other Councils charge has shown our current fee of $300 does not suffice for the amount of work it is for us to process these requests. Examples of other Councils’ fees for Road Closure Applications are:

Wollondilly - $1697.50;

The Hills Shire Council - $2050.00;

Wingecarribee Shire Council - $1650.00.

Halls

HALL COMMITTEES	Adopted 2015 $	Requested 2015 $	Reason for addition/change
CANDELO HALL
Meeting Room	5.00	7.00	Committee request
Hire – Trestles each, per day	5.00	7.00	Committee request
Hire Chairs – each per day	1.00	1.50	Committee request
Baby Health Clinic (special rate – per month)	7.50	7.00	Committee request
MURRAH HALL
Chair Hire (each) – off-site use	1.00	2.00	Committee request
Table Hire (each) – off-site use	5.00	6.00	Committee request
Regular Choir/Yoga (per person)	N/A	1.00	Accidentally omitted -
QUAAMA HALL
Bond	100.00	66.00	Committee request
All areas - half day (6hrs)	50.00	48.00	Committee request
Kitchen and Supper Room only – full day	60.00	59.00	Committee request
Kitchen and Supper Room only – half day (6hrs)	35.00	36.00	Committee request
1 X table and 6 X chairs	10.00	20.00	Committee request
Chairs (off site) – per chair	1.00	3.00	Committee request
Folding tables (1800 X 750) (off-site)– per table	5.00	13.00	Committee request
TANJA HALL SCHOOL OF ARTS
Emergency Services Community Information Events	No Charge	No Charge	Accidentally omitted - Committee request
TARRAGANDA HALL
BBQ including gas (on-site only)	26.00	26.00	Accidentally omitted -
WOLUMLA HALL
Chair Hire (off site - per chair)	2.00	2.00	Committee request
Table Hire (off site - per table)	6.00	6.00	Committee request

Cemeteries

CEMETERIES	Adopted 2015 $	Requested 2015 $	Reason for addition/change
BURIAL / INTERMENT FEES
Permanent Marker / Monument application Fee (for permanent marker if monument not placed within 12months)	N/A	250.00	This fee is being introduced to guarantee plots are not left with un-marked graves.
OTHER CHARGES
Monument Application Fee (If not already paid via Permanent marker fee)	N/A	250.00	This fee has always existed however never included in fees and charges- increase due to additional WHS inspection requirements.
Inspection Fee for non-approved monuments	N/A	500.00	Introduction due to increasing number of non-approved, non-compliant monuments and WHS requirements for inspections
Maintenance fee (for burial licences over 20 years old - payable at time of burial)	N/A	200.00	Introduced due to increasing costs and increasing number of very old burial licences
Permit to undertake works	N/A	No Charge	Permit introduced to manage WHS risks

Room Hire

Meeting rooms bookings will be provided to Committees of Council and to organisations with a Councillor / Council delegate attending free of charge, dependent upon availability.

Non-profit organisations can request a 50% discount on room hire fees.

Developers Contribution – Section 94

CP 1 – Existing Rural Roads

	Adopted 2015 $	Requested 2015 $	Reason for addition/change
Existing Rural Roads	Minimum 1,140.00 (plus 64 cents per metre road length past first km from A class 5 road) Maximum 6,280.00	Minimum 1,170.00 (plus 64 cents per metre road length past first km from A class 5 road) Maximum 6,443.00	Fees require CPI to be applied.

ISSUES

Legal

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

Consultation

This report places the relevant changes on public exhibition, calling for submissions

Conclusion

Council will publically exhibit any proposed changes to Fees and Charges for a period of 28 days. Public exhibition will include documents being 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 proposed amendments to the 2014-15 Fees and Charges: be placed on 28 day public exhibition for the period 21 August – 17 September 2014:

· Road Closure Application Fees;

· Hall Fees;

· Cemeteries Fees;

· Room Hire Fees;

· Developers Contribution Section 94 CP1 Existing Rural Roads.

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

Council 20 August 2014 Item 12.2

12.2. 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 July 2014.

Group Manager Strategy and Business Services

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 Office of Local Government (OLG) 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 (the Act) determines that money may only be invested in a type 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 the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Policy

Council holds an Investment Policy published under policy number 5.07. This Policy is reviewed every 4 years by Council and annually by Council staff.

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 $47,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	May 2014	June 2014	July 2014
General Fund	$26,090,726	$27,090,726	$23,090,726
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 $2,427,964.17 in uninvested funds in Council’s 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	-$4,132	$23,864
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 June 2013.

Council formally calculates its Restrictions as at 30 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 July and year to date 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. Investment Report July 2014

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	20 August 2014
*Item 8.2 - Attachment 1*	*Petterson Email Regarding Site 2*

Council	20 August 2014
*Item 8.2 - Attachment 2*	*Response on behalf of Owners of Site 3 and Site 5*

Council	20 August 2014
*Item 10.1 - Attachment 1*	*Attachment 1 - Conference Program*

Council	20 August 2014
*Item 11.2 - Attachment 1*	*Plan for Easement for utilities Millingandi to Merimbula*

Council	20 August 2014
*Item 12.2 - Attachment 1*	*Investment Report July 2014*