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Ordinary Meeting Notice and Agenda An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 22 October 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda. 16 October 2014
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PUBLISHING OF AGENDAS AND MINUTES
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for his presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES
Ethical decision making
Is the decision or conduct legal?
Is it consistent with Government policy, Council’s objectives and Code of Conduct?
What will the outcome be for you, your colleagues, the Council, anyone else?
Does it raise a conflict of interest?
Do you stand to gain personally at public expense?
Can the decision be justified in terms of public interest?
Would it withstand public scrutiny?
Conflict of interest
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
Pecuniary – regulated by the Local Government Act and Department of Local Government
Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
The test for conflict of interest
Is it likely I could be influenced by personal interest in carrying out my public duty?
Would a fair and reasonable person believe I could be so influenced?
Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
Important to consider public perceptions of whether you have a conflict of interest.
Identifying problems
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
Agency advice
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Division of Local Government (DPC) |
(02) 4428 4100 |
dlg@dlg.nsw.gov.au |
www.dlg.nsw.gov.au |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@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___
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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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 22 October 2014
Acknowledgement of Traditional Owners of Bega Valley Shire
1 Confirmation Of Minutes
Recommendation
That the Minutes of the Ordinary Meeting held on 1 October 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 or Announcements
7 Adjournment to Standing Committees
RECOMMENDATION
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
8 Staff Reports – Planning and Environment (Sustainability)
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick
8.1 Update on Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula......................................... 9
8.2 Adoption of Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire .......................................................................... 31
8.3 Landscaping guidelines prepared in accordance with the Delivery and Operational Plan 2013/14 45
8.4 Finalisation of Rural Residential Lot Sizes Planning Proposal.......................... 88
9 Staff Reports – Community, Culture and Leisure (Liveability)
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Tapscott
9.1 NSW Public Libraries Conference - 11 - 14 November 2014.............................. 92
9.2 Re-allocation of funds for Candelo Town Hall Cafe project.............................. 94
10 Staff Reports – Economic Development and Business Growth (Enterprising)
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.
Nil Reports
11 Staff Reports – Infrastructure Waste and Water (Accessiblity)
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Taylor.
11.1 Sewage Pump Station Upgrades - RFT 65/14................................................ 100
11.2 Bega Valley Local Traffic Committee Meeting 1 October 2014........................ 104
12 Staff Reports – Governance and Strategy (Leading Organisation)
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney
12.1 Internal Audit Committee - The Year in Review - 2013-2014............................. 108
12.2 Certificate of Investments made under Section 625 of the Local Government Act 1993 111
12.3 Biamanga National Park External Group Committee - Request for Alternate Delegate 116 .
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
16.1 Bega Women's Resource Centre - Support for Save our Services.................. 118
16.2 Bega Women's Refuge................................................................................ 120
17 Urgent Business
18 Questions On Notice
18.1 Merimbula STP Deep Water Ocean Outfall - EIS Update................................ 123
19 Questions for the Next Meeting
20.. Confidential Business
21 Adoption of reports from Closed Session
22 Declassification of reports considered previously in Closed Session
Council 22 October 2014
staff reports – Planning and environment (sustainability)
22 October 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.
8.1 Update on Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula..................... 9
8.2 Adoption of Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire ............................................................. 31
8.3 Landscaping guidelines prepared in accordance with the Delivery and Operational Plan 2013/14 ............................................................................................................. 45
8.4 Finalisation of Rural Residential Lot Sizes Planning Proposal.............. 88
Council 22 October 2014 Item 8.1
8.1. Update on Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula
The purpose of the report is to detail the outcomes of the public exhibition and agency consultation of the Planning Proposal for zoning and height limits for Bega, Merimbula and Eden Central Business Districts (CBDs) and zoning of land at Arthur Kaine Drive, Merimbula.
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.”
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 addresses those matters in Appendix 2 relating to the application of business zones and heights as well as land at Arthur Kaine Drive, Merimbula.
Council at its meeting held on 24 July 2012 gave consideration to a report on the review of Comprehensive Local Environmental Plan height controls for Merimbula, Bega and Eden CBDs and the proposed zoning of the Eden Fishermen’s Club, Imlay Street Eden. The resolution of that Council meeting included the following:
“1. That Council adopt the recommended height limits in order to seek further public comment for the Central Business Districts of Merimbula, Bega and Eden as identified in:
• Appendix 3 – Merimbula (with the addition of the land to the east of Market Street, south of Beach Street, having a 10 m height limit).
• Appendix 5 – Eden.
• Appendix 7 – Bega.
With the 12 m height limit (3 storeys) adjusted to 13 m for the three town centres.
2. That Council amend the proposed zoning of the land fronting either side of Imlay Street between Chandos Street and Cocora Street Eden which was exhibited as B2 Local Centre to B4 Mixed Use as identified in Appendix 8.
3. That Council proceed with a “Planning Proposal” and, if agreed by the Minister for Planning, re-exhibit the subject properties in accordance with the adopted recommendations of 1 and 2 above.”
Council at its meeting held on 6 November 2013 gave consideration to a report on several proposed amendments to BVLEP 2013. The resolution of that Council meeting included the following:
“That Council resolve to make the following amendments to Bega Valley Local Environmental Plan 2013:
1. Lot 120 DP 847899 Arthur Kaine Drive Merimbula be zoned SP1 Special Activities ‘Community Facilities and Carparking’
Lot 1 DP 1004805 Arthur Kaine Drive Merimbula be zoned E2 Environmental Conservation
Lot 2 DP 549112 Arthur Kaine Drive, Merimbula be zoned E2 Environmental Conservation except for the area of land identified in Figure 2 of Attachment 1 to this report which shall be zoned SP1 Special Activities ‘Carparking’
2. A B5 Business Development zone be included as a Land Use Zone in the Plan….
3. Lots 398 and 339 DP 40361, 325, 326, 334, 335, part 340, 341, 345, 346, 371, 378, 379, 382, 383 and 386 DP 750227, 385 and 386 DP 811258, 10 DP 1057525, 281 and 282 DP 1135670 and 349 DP 1144511 Arthur Kaine Drive, Merimbula be zoned B5 Business Development….
7 Lot 1 DP 1051587 Main Street, Merimbula be zoned B4 Mixed Use.”
OVERVIEW OF Planning Proposal
Council staff prepared a Planning Proposal addressing the Council resolutions from 12 June 2012, 24 July 2012 and 6 November 2013 relating to commercial zones and height limits in the Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula. The objectives of the Planning Proposal are to:
· Facilitate an increase in the height of buildings within the Bega, Merimbula and Eden Town Centres to encourage commercial re-development opportunities. Affected land: various properties within land zoned B2 Local Centre and B4 Mixed Use in Bega, Eden and Merimbula Town Centres.
· Apply business zones within the Bega, Merimbula and Eden town centres to reflect the current mix of uses and provide for compatible future uses which will contribute to the revitalisation of the town centres by focusing commercial and retail development in the centre and ancillary uses on the edges. Affected land: various properties on Peden, Sattler and Parker Streets in Bega; Cocora, Imlay, Flora, Chandos, Flinders and Mitchell Streets and Princes Highway in Eden; and Main Street in Merimbula.
· Introduce the B5 Business Development Zone to Bega Valley Local Environmental Plan 2013 and apply it to a specific area to enable development for commercial purposes that are not appropriate in core commercial or mixed use areas. Affected land: various properties on Arthur Kaine Drive, Merimbula in the vicinity of the Pambula Merimbula Golf Club.
· Apply appropriate zones to certain land to reflect the existing environmental values and potential for particular community uses in the future. Affected land: various properties on Arthur Kaine Drive, Merimbula in the vicinity of Merimbula Airport.
· Apply appropriate zone and height controls to a specific residential area in Merimbula. Affected land: various properties on Carolynne and Short Streets and Ocean View Avenue in Merimbula.
Council received a Gateway Determination for the Planning Proposal and delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure on 3 February 2014. In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 28 days from 14 March until 11 April 2014 and 11 public submissions were received.
The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to affected landowners on Arthur Kaine Drive and Carolynne and Short Streets, as well as to those who made a submission to draft BVLEP 2010 regarding height in the CBDs. The Bega and Eden Local Aboriginal Land Councils were also notified.
Government agency submissions were received from the NSW Office of Environment and Heritage, NSW Department of Primary Industries (Fishing and Aquaculture), NSW Rural Fire Service, NSW Roads and Maritime Service, and the Australian Government Civil Aviation Safety Authority.
Copies of all the public and agency submissions will be tabled at the Council meeting. The following sections detail the issues raised in those submissions.
General Government Agency feedback
NSW Rural Fire Service raised no objections to the Planning Proposal, however they did provide some comments in relation to the proposed B5 Special Business land at Arthur Kaine Drive Merimbula which are discussed later in this report.
NSW Office of Environment and Heritage raised concerns relating to some aspects of the Merimbula proposals which are discussed later in this report.
NSW Department of Primary Industries (Fishing and Aquaculture) noted that because of the Priority Oyster Aquaculture Areas in Merimbula Lake and mussel culture leases in Twofold Bay, Eden development associated with the Planning Proposal should include appropriate stormwater management systems to ensure that raised concentrations of pollutants and suspended solids associated with urban development do not affect the health of shellfish and their suitability for human consumption.
8 Staff comment:
It is considered the requirement for appropriate stormwater management systems
can be adequately addressed during the assessment of future development
applications through standard development assessment processes and conditions
of consent.
The NSW Roads and Maritime Service raised concerns with rezonings proceeding without Council considering the potential impacts on the road network, including cumulative impacts, to determine if development contributions for any infrastructure upgrades are required at the rezoning stage.
8 Staff comment:
The level of development likely to result from the Planning Proposal is
highly likely to be able to be catered for by existing road infrastructure,
especially given the proposal affects infill development and not greenfield
sites.
When a proposal to develop a particular site is assessed, Council would place conditions of consent appropriate for the development proposed. This may include the requirement to upgrade existing road network infrastructure.
Specific sites: Government Agency and public submissions
Height Controls: Bega, Eden and Merimbula CBDs
One public submission proposed that sites over 1,800sqm in the Bega, Eden and Merimbula CBDs should have a maximum height limit of 16.5m or 5 floors to make development more viable. This could be accompanied by a strategy to encourage high architectural appeal and flexibility in design which will attract more people to CBDs, increase demand for goods and services and make the CBDs safer.
Two public submissions addressed the proposed height increases in the Eden CBD; one supported the proposed 13m height limit and the other suggested the 16m height limit should also apply to the eastern side of Imlay Street from the Post Office to the Great Southern Hotel.
8 Staff comment:
The amended height controls detailed in the Planning Proposal were based on
a review of existing height controls in the three CBDs undertaken by Council
staff, local development professionals and Councillors. The aim of increasing
heights is to facilitate likely redevelopment which is appropriate in the
overall context of the CBDs, being 2 storey commercial and 3 and 4 storey
commercial/residential mixed developments. Council staff conducted an extensive
review of each of the three CBDs to determine the appropriate height for
buildings in particular locations.
The adopted height limits were set specifically to permit good quality design for the corresponding desirable number of storeys and is accompanied by design guidelines prepared by a consultant architect which is proposed to be incorporated into Council’s Development Control Plan.
The Eden Fisherman's Club site has been identified as being capable of more intensive development than other areas of Eden as it is located on the high point of the central ridge running through Imlay Street. Higher development on this site will not affect the views from other sites and may assist in creating a positive landmark and place.
No changes to the CBD heights contained in the exhibited Planning Proposal are recommended. Refer to Attachment 1.
Height Controls: Merimbula Residential
This part of the planning proposal aims to increase the height limit from 7.5m to 10m for the following properties: SP 73171, Lots 25-28 DP 208862 and Lots 31-34 DP 208862 Carolynne Street, Short Street and Ocean View Avenue Merimbula; and amend the zoning of Lot 28 DP 208862 from 2(b) Residential Medium Density zoning under BVLEP 2002 to R3 Medium Density under BVLEP 2013.
No public or agency submissions were made regarding this part of the Planning Proposal.
Figure 1: Proposed Height Controls:
Merimbula Residential
Business Zones: Bega – Parker Street
This part of the planning proposal aims to change the zoning of the following properties from 2(a) Residential Low Density under BVLEP 2002 to B4 Mixed Use under BVLEP 2013: Lots 1-4 DP 993 Sattler Street and Lot 5 and 6 DP 993, Lots 1-3 DP 571741, Lots 346 and 347 DP 635577, Lot 1 DP 417220, Lot A DP 370462, and Lot 1 and Part Lot 2 DP 747017 Parker Street, Bega.
Two public submissions requested that Lot 2 DP 571756, 11 Sattler St Bega be included in the adjacent proposed B4 Mixed Use zone to provide more flexibility for future development.
Another public submission objected to the proposed B4 zone in Sattler Street on the basis that other properties in the street and surrounding area are zoned R2 Low Density Residential even though they have mixed uses, and suggested the whole area bounded by Upper and Parker Streets be zoned B4 for consistency.
Figure 2: Proposed B4 Zones: Bega – Parker St
8 Staff comment:
Lot 2 DP 571756 is currently the only property on Sattler Street zoned B2
Local Centre and is adjacent to the proposed B4 zone. The request for zoning as
B4 is supported.
The area selected for the B4 zone around Parker Street contains a mix of dwelling houses and businesses and it is considered a mixed use zone is appropriate to complement the mix of existing uses and assist in the future development of Bega Town Centre by permitting a wide range of suitable future uses close to the commercial core. The remaining part of Sattler, Upper and Parker Streets contain predominantly residential uses and is recommended to remain zoned as R2 Low Density Residential.
Business Zones: Bega – Peden Street
This part of the planning proposal aims to change the zoning of Lots 2 and 3 DP 948040 Peden Street, Bega from 2(a) Residential Low Density under BVLEP 2002 to B4 Mixed Use under BVLEP 2013.
No public or agency submissions were made regarding this part of the Planning Proposal.
Figure 3: Proposed B4 Zone: Bega – Peden St
Business Zones: Merimbula – Bowling Club
This part of the planning proposal aims to change the zoning of part of Lot 912 DP 855433 Main Street, Merimbula from a mix of 2(b) Residential Medium Density, 2(c) Residential Tourist and 3(a) General Business under BVLEP 2002 to B4 Mixed Use under BVLEP 2013.
The NSW Office of Environment and Heritage noted the Planning Proposal does not contain details regarding the nature, extent or hazard of potential flood affected land and should be considered by Council in accordance with the NSW Flood Prone Land Policy as set out in the Floodplain Development Manual 2005. In addition they advise that due diligence assessments are required to consider Aboriginal Cultural Heritage matters for any development proposals that may occur as a result of the Planning Proposal.
Figure 4: Proposed B4 Zone: Merimbula Bowling Club
8 Staff comment:
Some parts of Lot 912 DP 855433 Main Street, Merimbula that are proposed to
be zoned B4 Mixed Use are located within the ARI 100 year flood line, however
the majority of the lot is above the flood line and would not be affected.
With the objective of implementing the principles of the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, BVLEP 2013 Clause 6.3 Flood Planning specifically deals with flood planning issues. This will ensure potential impacts on water quality and ecological values are sufficiently addressed in the assessment of any future development applications.
It is considered the requirement for Aboriginal cultural heritage assessments can be appropriately addressed during the assessment of any future development applications.
Business Zones: Merimbula – Main Street
This part of the planning proposal aims to change the zoning of Lots 1 and 2 DP 521571 and Lot 1 DP 1051587 Main Street, Merimbula from B2 Local Centre to B4 Mixed Use under BVLEP 2013.
No public or agency submissions were made regarding this part of the Planning Proposal.
Figure 5: Proposed B4 zone: Merimbula – Main Street
B5 Business Development Zone, Arthur Kaine Drive, Merimbula
This part of the planning proposal aimed to change the zoning of Lots 327, 329 and 331 DP 750227 and Lot 350 DP 1144511 from either 3(b) Special Business Zone or 1(a) Rural General Zone under the BVLEP 2002 to B5 Business Development under BVLEP 2013; and amend the zoning of the following properties from SP3 Tourist to B5 Business Development under BVLEP 2013: Lots 398 and 339 DP 40361, 325, 326, 334, 335, part 340, 341, 345, 346, 371, 378, 379, 382, 383 and 386 DP 750227, 385 and 386 DP 811258, 10 DP 1057525, 281 and 282 DP 1135670 and 349 DP 1144511 Arthur Kaine Drive, Merimbula.
One public submission requested the inclusion of other uses as permissible within the proposed B5 Business Development zone to provide the flexibility of the B4 Mixed Use zone and to fit better with the existing mix of commercial and residential development. The submission stated additional residential development in the area was appropriate as it will have less impact on adjoining residential developments than future commercial development. The submission also stated that, where not covered by the definition of bulky goods, depots or light industry uses such as business offices and sale of commercial goods in conjunction with on-site business operations, should be permitted in the B5 zone.
Figure 6: Proposed B5 zone – Arthur Kaine Drive, Merimbula
8 Staff comment:
The development and introduction of a new B5 Business Development Zone to
BVLEP 2013 was specifically in response to the unique mix of existing uses in
this area and residential development was deliberately excluded from the zone
to minimise future land use conflict. Consequently, it is recommended
residential development remains prohibited in the proposed B5 Land Use Table as
such development may adversely impact on the use of the land for commercial
purposes.
The B5 zone was designed to allow an appropriate mix of future commercial opportunities in the area. Land is available in nearby industrial zones to accommodate businesses that are unable to fit within the definition of a light industry, bulky goods or depots.
The submission by the NSW Rural Fire Service noted Council should be satisfied that the sites are reasonably capable of achieving anticipated development, given that tourist accommodation requires special fire protection under Planning for Bushfire Guidelines 2006 and Asset Protection Zones (APZs) may not be achievable given the surrounding land is identified as having high conservation value.
8 Staff comment:
It is considered the sites are reasonably capable of achieving the
development permitted by the proposed B5 zone. Although some sites may not be
viably developed for tourist accommodation, given the requirements of the Planning
for Bushfire Guidelines 2006 and Council’s requirements for APZs to
be located on the same parcel as the proposed development, it is highly likely
that relevant acceptable solutions for the bushfire protection measures
including alternative access, services and creation of APZs required by “Planning
for Bushfire Protection 2006” can be applied to the site to
facilitate suitable future development. As such, this matter can be adequately
addressed during the consideration of any future development applications
within the subject lands.
Special Activities Zones Arthur Kaine Drive, Merimbula
This part of the planning proposal aimed to change the zoning of Lot 120 DP 847899 Arthur Kaine Drive, Merimbula from 2(c) Residential Tourist under BVLEP 2002 to SP1 Special Activities ‘Community Facilities and Carparking’ under BVLEP 2013; and Lot 2 DP 549112 Arthur Kaine Drive, Merimbula from 7(f1) Coastal Lands Protection under BVLEP 2002 to a mix of E2 Environmental Conservation and SP1 Special Activities Carparking’ under BVLEP 2013; and Lot 1 DP 1004805 Arthur Kaine Drive, Merimbula from SP2 Infrastructure ‘Air transport facility’ to E2 Environmental Conservation under BVLEP 2013.
One public submission opposed the introduction of any zone that would permit any purpose other than environmental protection for the land on Arthur Kaine Drive opposite the airport due to the presence of a number of threatened species, an endangered ecological community and potential for damage to the existing dune system which helps protect infrastructure assets. The submission also states the proposed zone will extend ugly and inefficient ribbon development between Merimbula and Pambula and destroy green space between towns that is characteristic of the area.
The submission from the NSW Office of Environment and Heritage regarding the proposed zone for Lot 120 DP 847899 stated the following:
“the area is dominated by a listed Endangered Ecological Community, Bangalay Sand Forest (validated on site in 2005). There have been 14 threatened fauna species recorded in area adjacent to Lot 120, and there is no evidence that these species are absent from Lot 120.
In all our advice to date we have also outlined the need for a comprehensive Aboriginal Cultural Heritage Assessment to be undertaken, in consultation with the relevant Local Aboriginal Land Council (LALC). The area east of Arthur Kaine Drive has a number of Aboriginal objects recorded and it is almost certain that any development of that area would impact on Aboriginal objects…..the probability of skeletal material occurring within the area east of Arthur Kaine Drive is high, as burials have already been found both to the north and south of the area. There is also a high likelihood for additional midden material and artefacts to be located anywhere along the sandy deposits. As such, OEH may not issue an AHIP [Aboriginal Heritage Impact Permit] depending on the nature and significance of any discovered material.
… future development may trigger the requirement for a Species Impact Statement (SIS) OEH would therefore become a concurrence authority.
…there has been no study or analysis of the biodiversity or Aboriginal cultural heritage values, provided in support of the Planning Proposal.
We note that ‘delegation’ for this planning decision has been given to Council. It is important for Council to understand that should Lot 120 be zoned SP1 without a comprehensive Aboriginal Cultural Heritage Assessment, or flora and fauna assessment to identify the likely constraints, the proposed development potential may not be realised.”
With regard to Lot 2 DP 549112, NSW Office of Environment and Heritage did not object to the proposed SP1 Carparking zone providing an Aboriginal Cultural Heritage Assessment prepared in consultation with the local Aboriginal community. The Aboriginal community should be informed of any future works, and an Aboriginal Heritage Impact Permit under Section 90A of the National Parks and Wildlife Act 1974 sought for any Aboriginal objects identified on site, and future earthworks are supervised by a qualified archaeologist and member of the local Aboriginal community.
Figure 7: Proposed E2 and SP1 zones – Arthur Kaine Drive, Merimbula
Staff comment:
With regard to Lot 120 DP 847899, the environmental values of the land
including the presence of a listed Endangered Ecological Community and the high
likelihood of Aboriginal cultural heritage significance and threatened fauna
are acknowledged. However, it is considered zoning the land as SP1 Special
Activities will preserve future development potential for community facilities,
car parking and the airport (as permitted in the SP1 zone under the State
Environmental Planning Policy (Infrastructure) 2007).
Lot 120 DP 847899 is currently zoned as 5(a) Special Use ‘Community Facilities’ under BVLEP 2002, and the adjacent Lot 1 DP 1004805 is currently zoned SP2 Infrastructure under BVLEP 2013. Under the Planning Proposal Lot 1 DP 1004805 is proposed to be zoned as E2. However, due to the modification of a large portion of the vegetation on Lot 120 DP 847899, it is considered a SP2 zoning would be appropriate which would be the zoning equivalent from BVLEP 2002.
The requirement for ecological and Aboriginal Cultural Heritage Assessments and other environmental impacts such as the impact on the dune system will be addressed during the consideration of future development of the site in accordance with relevant planning legislation.
It is possible the development of Lot 120 DP 847899 will extend the existing urban footprint along Arthur Kaine Drive, however, any impact would be minor given the scale of likely development. The existing green space between Merimbula and Pambula will not be significantly compromised due to the large tract of land between Lot 120 DP 847899 and other land that could be developed further to the south.
With regard to Lot 2 DP 549112, it is considered the requirement for an Aboriginal Cultural Heritage Assessment can be appropriately addressed during the consideration of any future development on the land in accordance with relevant planning legislation. Should the need for the supervision of earthworks be identified in the environmental assessment process, Council will ensure this occurs. In accordance with the National Parks and Wildlife Act 1974 an AHIP will be sought for any Aboriginal objects identified which will be impacted upon by future works.
No change to the exhibited Planning Proposal is recommended in relation to Lot 120 DP 847899 or Lot 2 DP 549112. It is noted Council cannot proceed to finalise the plan in accordance with the delegations issued under Section 59 of the Environmental Planning and Assessment Act 1979 due to the objection from NSW Office of Environment and Heritage concerning Lot 120, therefore the Minister for Planning and Environment is required to finalise the plan.
Business Zones: Eden – Fishermen’s Club, Flinders and Mitchell Streets and Princes Highway
This part of the planning proposal aims to change the zoning of Lot 11 DP 1166395 and Part Lot 12 DP 1166395 Mitchell Street, Eden from 2(e) Urban under BVLEP 2002 to B2 Local centre under BVLEP 2013; and amend the zoning of the Eden Fishermen’s Club land and the land fronting either side of Imlay Street between Chandos Street and Cocora Street as well as Lot 10 DP 516613 and Lot 10 Sec 20 DP 758379 Flinders Street, Eden and Lot 21 DP 788099 Princes Highway, Eden from 2(e) Urban under BVLEP 2002 to B4 Mixed Use under BVLEP 2013.
Five public submissions requested amending the current B2 zone in Eden to B4 (or otherwise R3) to provide flexibility to permit complimentary development, encourage multi-unit development within walking distance to the town centre or to reinstate permissibility of residential development available under BVLEP 2002. Attachment 2 to this report contains land requested in the submissions for rezoning to B4.
Figure 8: Proposed Business Zones: Eden Fishermen’s Club, Flinders & Mitchell Streets and Princes Highway (as exhibited in planning proposal)
8 Staff comment:
The commercial zone of Eden was expanded through the introduction of
Development Control Plan (DCP) 40: Port of Eden Town Centre in May 2007 to
accommodate additional demand for commercial land and projected increases in
the residential population and shopping catchment in the next 20 years. The
commercial area identified was then incorporated into BVLEP 2013 as a B2 Local
Centre Zone.
At the time DCP 40 was adopted Council was not considering the use of the B4 Mixed Use zone in town centres for the Comprehensive Local Environmental Plan, although both DCP 40 and the planning report used to develop it (the Port of Eden: Urban Design – Blueprint and Design Principles) clearly envisaged mixed use development in the future development of the town.
Under BVLEP 2013 the B4 zone has been generally applied throughout the Shire where it is appropriate to encourage a wide range of land uses including commercial, residential, tourist and visitor and community uses. The zone has been applied selectively to land adjacent to commercially zoned areas in town centres to encourage uses that complement the core commercial functions and encourage a range of housing options close to CBDs.
Based on the submissions received to the Planning Proposal, Council planning staff and Business Growth Coordinator have reviewed the application of the B4 zone in Eden and it is considered the B4 zone could be applied more broadly to provide a balance of B2 and B4 zoning, and the proposed B5 Business Development Zone should also apply to some of the land (see Figure 9 for details). This will encourage residential development in some areas which can assist in revitalising and sustaining the Eden Town Centre and increase housing diversity close to the commercial core in areas where currently only commercial development and shop top housing is permitted.
The introduction of the proposed B5 Business Development zone to Bega Valley Local Environmental Plan 2013 is discussed in this report in relation to land at Arthur Kaine Drive, Merimbula. Figure 9 identifies several allotments at the northern end of the Eden town centre now recommended for B5 zoning. These allotments are currently developed for vehicle sales and vehicle repairs which are not permitted within the current B2 zone and the application of the B5 zone to this land is in accordance with the objectives of the proposed zone and will complement the existing uses.
The land identified in Figure 9 recommended for zoning to B4, previously permitted residential development under BVLEP 2002 or contains existing commercial uses that are not permitted under the current B2 zone. The old St Joseph’s Primary School site which is currently zoned R3 Medium Density Residential has also been included in the revised proposed B4 zone. The remainder of the area currently zoned B2 is recommended to remain as B2 to ensure commercial development on the ground floor with options for residential development above.
The Planning Proposal as exhibited includes two areas for zoning as B4. It is recommended the area proposed for B2 and B4 zoning on the corner of Flinders and Mitchell Streets (see Figure 8 for details) be withdrawn from this Planning Proposal and be included in a new Planning Proposal to extend the B4 zone around the town centre along with the properties identified in Figure 9. It is recommended the zoning of the land around the Eden Fishermen’s Club proposed for B4 zoning remains in this Planning Proposal.
Figure 9: Eden Town Centre: B4 and B5 Zones proposed for future planning proposal
Conclusion
Public and government agency consultation regarding the Planning Proposal has been completed. The issues raised in relation to stormwater management, flood planning, traffic planning, Aboriginal Cultural Heritage Assessment, bushfire asset protection zones, threatened fauna, endangered ecological communities and potential damage to dune systems can be adequately addressed through the assessment of future development applications for any of the subject lands.
The public submissions to further increase CBD height limits, zone additional parts of Parker Street as B4 Mixed Use, amend the permitted uses in the proposed B5 Business Development zone and address the impact of future development on land between Merimbula and Pambula, have been discussed in this report and no change to the provisions exhibited in the Planning Proposal are recommended.
It is recommended Council support the proposed changes detailed in this report to the B4 Mixed Use zones in Sattler Street Bega and numerous properties in Eden. The rezoning of Lot 2 DP 571756 Sattler Street, Bega from B2 Local Centre to B4 Mixed Use is considered minor and does not require re-exhibition of the Planning Proposal. However, the recommendation to extend the B4 Mixed Use zone to multiple properties at Eden is not considered to be minor and the preparation of a separate Planning Proposal is required.
To ensure the majority of the Planning Proposal is finalised without undue delay, it is recommended Lot 10 DP 516613 and Lot 11 DP 1166395 Flinders Street and Lot 10 Sec 20 DP 758379 and Part Lot 12 DP 1166395 Mitchell Street, Eden be withdrawn from this Planning Proposal and a separate Planning Proposal be prepared to zone these properties and the remainder of properties identified in Figure 9 as B4 Mixed Use or B5 Business Development.
ATTACHMENTS
1. Proposed Height Controls for Bega, Eden and Merimbula CBDs
2. Public submission requesting extension of Eden B4 Zone
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1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal Business Zones with the exception of Lot 10 DP 516613 and Lot 11 DP 1166395 Flinders Street, Eden and Lot 10 Sec 20 DP 758379 and Part Lot 12 DP 1166395 Mitchell Street, Eden. 2. That Council resolves to rezone Lot 2 DP 571756 Sattler St, Bega to B4 Mixed Use. 3. That Council requests the Minister for Planning and Environment to finalise the plan with the variations proposed in points 1 and 2 above under section 59(2) of the Environmental Planning and Assessment Act 1979. 4. That Council resolves a Planning Proposal be prepared by Council staff and lodged with the NSW Department of Planning and Environment Gateway Panel to zone Lot 10 DP 516613, Lot 11 and Part Lot 12 DP 1166395 and Lot 10 Sec 20 DP 758379 and the area identified in Figure 9 of this report. 5. That those persons who have made submissions be advised of the above. |
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Council |
22 October 2014 |
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Item 8.1 - Attachment 1 |
Proposed Height Controls for Bega, Eden and Merimbula CBDs |
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22 October 2014 |
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Item 8.1 - Attachment 2 |
Public submission requesting extension of Eden B4 Zone |
8.2. Adoption of Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire
The purpose of the report is to detail the outcomes of the consultation regarding draft design guidelines for development in the B2 and B4 zoned lands within the Bega Valley for Council’s consideration.
Group Manager Planning and Environment
Background
Council at its meeting of 28 May 2014 gave consideration to a staff report on the draft Central Business District Design Guidelines for B2 and B4 zoned lands and resolved the following:
“1. That Council place the draft Central Business District Design Guidelines on public exhibition for a period of 28 days.
2. That a further report be submitted to Council for consideration at the completion of the public exhibition period and once the workshop with the development industry has been held.”
The draft Central Business District Design Guidelines were placed on public exhibition between 1 and 29 August 2014 and two submissions were received. A workshop with members of the development industry and local designers was held on 11 August 2014 and was attended by 12 stakeholders.
This report details the issues raised in the submissions received by Council and by attendees of the development industry and local designers’ workshop.
Public exhibition submissions
Two submissions were received to the public exhibition of the draft Central Business District Design Guidelines.
· One submission on behalf of the Bega Private Hospital which has frontages to both Canning and Parker Streets requested an amendment to the 3 metre minimum front setback proposed for the property due to concerns the setback may affect the ability to redevelop the property.
8 Staff comment:
A front setback of a minimum of 3 metres or in alignment with existing
neighbouring buildings is proposed for the majority of both sides of Canning
Street and the adjoining section of Parker Street (between Bega Street and Carp
Street). These setbacks are consistent with the existing development along both
streets which make a strong contribution to the streetscape.
The majority of buildings in Canning Street are either individually significant or contribute to the street’s historic character. Significant buildings include the Masonic Hall, Malcolm House and the Band Hall. Bega Valley Local Environmental Plan identifies the Canning Street Heritage Conservation Area which contains 10 individually heritage listed buildings.
The desired future character statement for Bega in Development Control Plan 2013 identifies the small cottage character of both Canning and Parker Streets should be retained.
Having considered the existing and desired character in this precinct, no change to the proposed setbacks for Canning Street is recommended. It is noted under the ‘variations to requirements’ clause, Council may consent to an application which does not comply with the provisions of Development Control Plan 2013 when circumstances warrant.
· A second submission was received from an attendee of the development industry and local designers’ workshop. This submission suggests that in areas where a maximum 10 metre height limit is permissible a facade street height of 7.5 metres should be maintained with some allowable encroachments.
8 Staff comment:
The commercial land adjoining Merimbula Lake is proposed to have a maximum
height limit of 10 metres. Council’s Development Control Plan 2013
contains precinct specific requirements for development within the 10 metre
height limit area of Merimbula which include: ensuring visually sensitive lots
are well designed and respond to the different streetscapes they address;
ensuring quality architecture that fits into a coastal setting; visual amenity
from Long Point, Beach Street and Fishpen is enhanced; and view corridors to
the foreshore are maintained and enhanced wherever possible.
These controls and the following objectives of the draft Central Business District Design Guidelines will ensure buildings are well designed to appropriately reflect the desired future character of the area. These objectives are:
· Strengthen the urban form, image and character of town centres with generally consistent street wall heights and distinctive street character.
· Achieve comfortable street and public space environments for pedestrians in terms of daylight, scale, sense of enclosure and wind mitigation as well as a healthy environment for street trees.
No change to the draft Central Business District Design Guidelines is recommended.
Workshop feedback
Three issues were raised at the workshop with members of the development industry and local designers.
· The first issue involved clarifying the operation of the clause designed to identify when basements are treated as a storey.
The draft clause is as follows:
Where any portion of a basement protrudes above existing ground level, it will be counted as a storey for the purposes of determining the maximum rise in storeys unless it is demonstrated that the protrusion is necessary due to topographical constraints and is in keeping with the bulk and scale of adjoining development
8 Staff comment:
During the development of the draft Central Business District Design
Guidelines staff considered whether or not to include an empirical standard in
this clause. It was decided not to include a standard in the draft guidelines
to try and encourage good design while permitting some flexibility when
circumstances warranted.
Following the workshop, staff recommend the clause be amended to include an empirical standard to provide a clearer indication of how this clause will be applied. The following amendments to the clause are proposed:
Where any portion of a basement protrudes [500mm or more] above existing ground level, it will be counted as a storey for the purposes of determining the maximum rise in storeys. [All applications that propose a basement level that protrudes above existing ground level must demonstrate] that the protrusion is necessary due to topographical constraints [and that the design] is in keeping with the bulk and scale of adjoining development.
· The second issue related to the potential impact of restricting awnings and roof design on the (third storey) second level and above.
8 Staff comment:
The intent of the guideline is to provide a minimum setback to the main
street frontage of the building for the third and fourth storeys. The concern
was raised that the draft guidelines states “all development above the
first floor must be setback a minimum 5 metres from the main street
frontage.” A literal reading of the Clause would indicate that all
architectural treatments including window awnings and details would also not be
permitted within the setback therefore reducing the potential for suitable
architectural treatment along the façade for all storeys of the main
street façade of a building.
To ensure design and architectural treatments are permissible within the setback, the following amendments to the Clause are proposed.
Where a zero setback to the front boundary is proposed, [the building] above the first floor must be setback a minimum of 5 metres from the main street frontage. No balconies are permitted to encroach into this setback. [Window awnings and other architectural treatments within the 5 metre setback will be considered if they contribute to the buildings’ design and streetscape.] Figures 2.12 and 2.14 illustrate examples of front setbacks for 3 and 4 storey development.
· The third issue involved clarifying setback requirements in areas where setbacks are ‘3 metre or align with adjoining buildings’ when existing setbacks are over 3 metres.
8 Staff comment:
The draft Central Business District Design Guidelines include requirements
for specifying front setbacks in circumstances where the minimum front setback
in areas where the setback is ‘3 metres or align with adjoining
buildings’. Although these requirements will require setbacks greater
than 3 metres on some sites, these properties are at the fringe of the town
centres where they interface with residential development, particularly in the
B4 Mixed Use zones or streets that retain significant numbers of heritage
listed properties. The provisions are appropriate to ensure streetscape and
residential amenity is maintained.
No changes to the draft guidelines are recommended in this regard. It is noted under the ‘variations to requirements’ clause, Council may consent to an application which does not comply with the provisions of Development Control Plan 2013 when circumstances warrant.
Conclusion
Consultation of the draft height and setback controls for development within the commercially zoned areas of the Shire is complete. Following consideration of the submissions and workshop feedback, a number of changes to the draft Central Business District Design Guidelines are recommended.
By incorporating these changes, Council will ensure commercial and mixed use developments are able to maximise available space while complementing the existing and desired character of the CBD areas of Bega, Merimbula and Eden through the application of best practice design principles.
ATTACHMENTS
1. Amended CBD Design Guidelines - as recommended by staff
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1. That Council adopt the amended draft Central Business District Design Guidelines contained in Attachment 1 of this report for insertion into Development Control Plan 2013. 2. That those persons who have made submissions be advised of the above.
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Council |
22 October 2014 |
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Item 8.2 - Attachment 1 |
Amended CBD Design Guidelines - as recommended by staff |
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Council |
22 October 2014 |
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Item 8.2 - Attachment 1 |
Amended CBD Design Guidelines - as recommended by staff |
Council 22 October 2014 Item 8.3
Landscaping plays an important role in the character and amenity of our towns and villages. Landscaping Guidelines have been prepared to complement Council’s Development Control Plan 2013.
Group Manager Planning and Environment
Introduction
A key direction within Council’s Delivery and Operational Plan 2013/14 is to ensure the character and amenity of our towns and villages is protected and enhanced through the preparation of landscaping guidelines.
Council staff have prepared a document titled “Landscaping Guidelines: A guide for preparing landscaping plans for lodgement with development applications in the Bega Valley” in response to this key direction and to complement the development standards and design outcomes expressed in Development Control Plan 2013 (DCP 2013).
a framework for improved landscape outcomes
The provision for landscaping has been historically guided by local development standards and conditions of development consents. This has included prescriptive controls that require a minimum amount of landscaping to be provided on development sites, usually as a percentage of the overall site area. A concept or a more detailed landscaping plan is required to be lodged as part of the overall development application package or in some cases is enforced as a condition of consent.
A good landscaping plan that integrates well with a site and surrounding streetscape can have a profound impact on the success of a development. There has historically been some inconsistency with the level of information provided in applications about landscaping outcomes.
The development industry and general public have also been seeking more guidance on landscaping design and suitable species selection for our Shire and one aim of these Guidelines is to address some of these concerns. The Guidelines also provide assessment officers with some clearer direction and tangible examples of what constitutes good quality landscaping.
The Landscaping Guidelines are designed to be a practical guide for designers and landowners that support the statutory requirements of our local planning requirements, as referenced under DCP 2013, Clause 3.2.3.2: Landscaping requirements for residential development. The Landscaping Guidelines featuring principles of landscape design are discussed along with plant selection ideas, site analysis considerations and identification of hazards (such as planting in bushfire prone areas), are all featured in the Guidelines.
RESOURCES
The Landscaping Guidelines have been prepared by staff internally with no financial implications apart from the time taken to prepare the document.
OPERATIONAL PLAN
The Landscaping Guidelines have been prepared in accordance with Strategic Action S3 - Character and Amenity of the BVSC Delivery and Operational Plan 2013/14.
Conclusion
Green spaces play an important role in the success of residential, commercial and industrial development and how we relate to our environment and for the overall wellbeing of our communities. Landscaping can soften the impact of a larger scale development on the streetscape, can be used to protect the amenity of a neighbour and add to the value of a property.
The Landscaping Guidelines are designed to provide advice on how to make the most of the green spaces that form a part of development applications. The Guidelines also seek to improve the consideration of landscaping as part of the development assessment process so that landscape outcomes can be integrated into the design of developments within the Shire.
ATTACHMENTS
1. Landscaping Guidelines
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1. That the document “Landscaping Guidelines: A guide for preparing landscaping plans for lodgement with development applications in the Bega Valley”, be noted by Council. 2. That the Landscaping Guidelines be placed on Council’s website and distributed to relevant development and design professionals. |
The purpose of the report is to finalise the Rural Residential Lot Size Planning Proposal for various lots at Bermagui Cobargo Road, Coolagolite
Group Manager Planning and Environment
Background
Council at its meeting on 20 August 2014 gave consideration to Item No. 8.2 Finalisation of Rural Residential Lot Sizes Planning Proposal. The purpose of the report was to detail the outcomes of the public exhibition and government agency consultation of the Planning Proposal.
At that meeting, a public address was made by Mrs Nina Vipond on behalf of several residents regarding Item 1 of the Planning Proposal being Various Lots – Bermagui Cobargo Road, Coolagolite.
Upon consideration of the report, Council resolved the following:
1. In respect of the Planning Proposal for Rural Residential Lot Sizes Council resolves the following:
a) That Council defers the item regarding Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 and adjoining properties at Bermagui Cobargo Road, Coolagolite in order to undertake a site inspection.
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 and 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 and 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 that have made submissions be advised of the above.
The purpose of this report is to seek Council determination on Item 1 of the Planning Proposal being Various Lots – Bermagui Cobargo Road, Coolagolite as shown below.
Discussion
In accordance with Council’s resolution, Councillors undertook a site inspection of the subject area on 18 September 2014.
In regards to the address made by Mrs Vipond at the meeting on 20 August 2014, Council staff do not consider there were any additional relevant issues raised that were not already detailed in the Council report.
Conclusion
In accordance with the Council resolution of its meeting on 20 August 2014, Council deferred its decision for Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 and adjoining properties at Bermagui Cobargo Road, Coolagolite and undertook a site inspection on 18 September 2014.
The issues raised in the public address have been previously reported to Council and it is considered they do not warrant any modification to Council staff previous recommendation for this land.
Council staff propose the matter be finalised.
ATTACHMENTS
Nil
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1. In respect of the Planning Proposal for Rural Residential Lot Sizes Council resolves 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 remains unchanged at 5 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 all persons and agencies that have made submissions be advised of the above. |
staff reports – COMMUNITY, CULTURE AND LEISURE (LIVEABILITY)
22 October 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Tapscott.
9.1 NSW Public Libraries Conference - 11 - 14 November 2014.................. 92
9.2 Re-allocation of funds for Candelo Town Hall Cafe project.................... 94
Council 22 October 2014 Item 9.1
Councillor and staff participation at the 2014 Public Libraries NSW Annual Conference and Annual General Meeting (AGM) is an important opportunity for Council to be involved in and keep up to date with current issues facing NSW Public Libraries.
General Manager
Background
Each year, the Public Libraries NSW network holds an Annual Conference at which the Association’s Annual General Meeting is also held. It is an opportunity to meet with State Library of NSW representatives and other library services. Council has supported the attendance of a Councillor Representative in the past and hosted the event in 2007.
Public Libraries NSW will be hosting this year’s Library Conference called “A Fortunate Life”. The Conference will be held in Mudgee and hosted by the Mid-Western Regional Councils. The Conference will be held from Tuesday 11 November – Friday 14 November 2014.
More information is available at the Public Libraries website http://www.plnsw.org.au/conference.htm
Program Themes for Conference 2014
· Bringing quality education and research programs to all rural areas of NSW though effective partnerships
· Better Reading Better Communities: a grassroots approach to improving literacy
· Kids, Colleagues, and Videoconferencing: It’s not rocket science
· Best Practice Sessions
Staff participation is covered in the training budget as attendance is a key priority for staff. Councillor representation has been important in the past and Council has been represented at most recent conferences at this level. Cr Mawhinney is Council’s new delegate for Public Libraries NSW.
ISSUES
Financial
Costs associated with the Conference are registration $475 plus 3 nights’ accommodation, breakfast, travel costs and incidental expenses. Council’s budget for expenses incurred by Councillors acting as a Delegate for Bega Valley Shire Council when outside the Shire is available to cover these types of events.
Conclusion
This is a valuable opportunity for Council to be involved in current issues relating to library practice in NSW. With 46% of the population with poor literacy skills, adult and indigenous literacy programs are key themes for the Bega Valley Shire Library in the next two to five years. The papers at this Conference highlight the issues and present directions in these areas.
ATTACHMENTS
Nil
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That Cr Mawhinney attend the 2014 Public Libraries NSW Conference and AGM from Tuesday 11 November – Friday 14 November 2014 in Mudgee, and the necessary expenses are defrayed by the Council in keeping with its policy. |
Council 22 October 2014 Item 9.2
Additional work at Candelo Town Hall Café is required to address health standard concerns. Reallocation of funds is requested from existing savings.
Manager Community Engagement and Information
Background
The Candelo Town Hall Café is attached to the Candelo Town Hall and is on Council managed Crown Land. The Hall and Café are managed by a volunteer committee with the Café under a Crown Lease agreement with income that supports the attached hall.
Due to a breach of lease terms, the previous tenant was issued with a notice to quit and vacate the property on 13 December 2013. After an inspection of the premises by Council’s Environmental Health Officer, significant works were identified and required for the premises to re-open.
This Café is vital to the Candelo community, being the only one of its kind in the area. Council staff have worked with the Candelo Town Hall Committee to scope the works and put an EOI out for a new tenant. Under the advice of Council’s Environmental Health staff it was agreed Council had a duty of care to ensure the premises meets the regulated standards.
The additional work required included grinding, polishing and resealing the floor in the dining area, lining the walls in the kitchen with stainless steel sheeting, extending the range hood across the cooking area, lowering the ceiling to ensure easier cleaning and raising benches so they can be mopped under.
It was decided to carry out some works on the building and call for EOI for a new tenant to ensure the proposed works would also fit their business model.
At its meeting of 25 June 2014, Council agreed to enter a lease agreement with a new tenant once the required works were complete.
The initial estimated cost for this work was approximately $10,000 for which the committee had the necessary funds. Detailed quotes have now been obtained and the cost to complete the entire project to allow the new tenant to take over occupation is $28,000. The Candelo Town Hall Committee have already budgeted $10,000 from their existing funds. A further $18,000 is required.
ISSUES
Legal
A retail lease agreement has been offered however there is a requirement for Council to ensure the premises meets public health standards.
Policy
Funds to complete the project have been identified in an existing budget. To re-allocate these funds from the other existing budget, Council endorsement is required.
Environmental
Council’s Environmental Health staff have identified the current state of the building leaves it non-compliant with public health standards and that as landlord, Council has a responsibility to ensure the building meets such standards prior to occupancy.
Sustainability
The existing hot water service is no longer working and will be replaced with an environmentally friendly and efficient instantaneous gas hot water unit.
Asset
The Candelo Town Hall Café is a Council managed Crown asset which is managed on behalf of Council by the Candelo Town Hall Committee. All lease fees collected by Council for the occupation of the Café are used to assist with ongoing maintenance of the Candelo Town Hall.
Over the past eight months, the Hall Committee have attended to cleaning the walls, removing all timber cupboards, disconnecting un-used gas lines, and have had the concrete floor in the dining area ground, polished and resealed.
Consultation with Council’s Environmental Health staff and various tradesmen has identified additional required work including: replacement of existing asbestos wall and lining with stainless steel sheeting; replacement of non-compliant range hood; modification of existing non-compliant benches; replacement of non-compliant electrical outlets; lowering/resealing existing ceiling; and replacement of broken hot water service.
The incoming tenant will be responsible for all kitchen and Café furniture and appliances.
Social / Cultural
The Town Hall Café is important to the local community as it not only provides an income stream to the Town Hall, but also has its own social importance to the village.
The Café has a long standing place in the Candelo community and while it has been under different management over the years, the Café has always played an important role in providing an un-licenced food outlet to the hall patrons and the community of Candelo. In recent years the café has also served the community as a small general store and milk bar, following the closure of the town’s general store.
In December 2013, the small village was further rocked by a tragedy which saw the closure of the other café in town, which left Candelo with quite a stark main street and a lack of local provisions for the community.
Consultation
NSW Crown Lands staff have also been consulted regarding the future occupation of the building and support the suggested maintenance.
Council staff have also met with the applicant to discuss his submission in detail and any issues or concerns raised by the Candelo Town Hall Committee have been addressed.
Council’s s355 General Hall and Building Committee at its meeting on 26 August 2014 moved a motion to support an appeal for additional funds to be made available for the Café upgrades.
Numerous phone calls and emails from members of the Candelo community requesting the process be sped up so the café can begin servicing the community again, have also been received.
Financial
Three quotes for the additional required works have been received and are all within a similar range. Total cost to complete the project and allow the new tenant to take over occupation is $28,000. The Candelo Town Hall Committee have already budgeted $10,000 from their existing funds. A further $18,000 is required.
Following discussion at Council’s Leadership and Executive Group (LEG), and considering the social importance of the café to the community of Candelo, Acting Group Manger of Community Relations and Leisure has identified salary and budget savings sufficient to cover the shortfall in the project.
Conclusion
Considering the social importance of a Café to the community of Candelo and the role it plays in providing an income to the existing Town Hall, the continuing operation of the Candelo Town Hall Café is viewed favourably by Council staff, the residents of Candelo, the and Hall Committee.
ATTACHMENTS
Nil
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That Council endorse the re-allocation of $18,000 from identified salary and other budget savings from the existing Community Relations and Leisure budget to cover the shortfall in this project. |
Council 22 October 2014
staff reports – Infrastructure waste and water (accessibility)
22 October 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Taylor.
11.1 Sewage Pump Station Upgrades - RFT 65/14......................................... 100
11.2 Bega Valley Local Traffic Committee Meeting 1 October 2014............. 104
Council 22 October 2014 Item 11.1
This report details evaluation of RFT 65/14 - Construction Tender for Sewage Pump Station Upgrades and recommends acceptance of a preferred tender.
Group Manager Transport and Utilities
Background
Council has an annual program of sewage pumping station renewal works, to ensure the ongoing performance of sewerage systems, as outlined in the Sewer Asset Management Plan. A priority ranking system has been developed for the 58 major sewer pump stations, based on the condition of the infrastructure components and the level of risk associated with any failures of the pumping stations.
This financial year, pumping stations in Bermagui (1), Tathra (2), Merimbula (3) and Tura Beach (1) are programmed for renewal. A major refurbishment of the terminal sewage pumping station in Eden is already underway under a separate contract.
The specification for the refurbishment works was developed in conjunction with NSW Public Works who also were involved in the tendering process. The scope of works includes provision of upgraded safety items and noise suppressing access lids, as well as replacement of internal pipework, valves and steel fixtures. An emphasis was placed on the requirement for reliable bypass pumping arrangements to ensure no unlicensed discharges will occur during the upgrade works.
Tenders were advertised on the NSW Government eTendering system and local newspapers from the 15 August 2014 and closed on the 16 September 2014.
A tender evaluation plan consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the tender evaluation committee prior to the close of tenders.
The tender evaluation was carried out on the basis of best overall value for money to Council, with scoring and weighting of price and non-price criteria.
The weighting ratio of price to non-price criteria was 50:50.
The three non-price criteria and their relative weightings are:
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· Evidence of sufficient experience in undertaking similar projects, including demonstrated successful completion of sewage pump station upgrades or similar type of work. |
20% |
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· Proposed project team, including role, estimated time commitment (%), qualifications, years of experience, years employed by company and proposed role/ responsibilities for this project. |
15% |
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· Proposed construction methodology including preliminary construction program. |
15% |
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· Total non-price weighting |
50% |
Each non-price criteria had a number of sections for evaluation and scoring purposes.
The recommended tenderer must have also met mandatory criteria including;
· satisfactory past performance, including satisfactory Work, Health & Safety and environmental management; and
· Satisfactory financial capacity.
Three conforming tenders were received by the due date 16 September 2014. The tender evaluation was carried out in accordance with the Tender Evaluation Plan with a preferred tender identified in this process. See details in the attached Confidential Memorandum to Councillors.
ISSUES
Legal
The tendering process was required to comply with the Local Government (General) Regulation 2005 (the Regulation).
Policy
The subject works are in accordance with Council’s Asset Management Policy.
Environmental
The proposed works will provide a positive environmental impact by increasing the reliability and performance of critical sewage pumping stations, reducing the possibility of any discharges of sewage to the environment.
Sustainability
The sustainability of the operation of Council’s Sewerage schemes will be improved by the proposed works.
Asset
The ongoing need for sewage pumping station renewal/upgrade works is identified in Council’s Sewer Asset Management Plan.
Economic
The ongoing reliability of Council’s sewerage assets will continue to support the important tourism and aquaculture industries in the Bega Valley Shire.
Strategic
The works included in the program are consistent with Council’s Asset Management Strategy and the current Water and Sewer Strategic Business Plan.
Consultation
Consultation has been carried out with near neighbours of the facilities likely to be affected during construction works. Further notifications will be made when works are due to commence.
Financial
The costs of the proposed works are allowed for in the current financial year Sewer Fund capital works budget of $2,030,000 for Infrastructure Renewals, with $224,160 expended to date.
Resources (including staff)
Project management and site inspections of the construction works will be undertaken by Council staff.
Operational Plan
The proposed works are in accordance with Council’s Operational Plan.
Conclusion
This report recommends award of the contract in accordance with details presented to Councillors in the Confidential Memorandum attached to this report.
ATTACHMENTS
1. Confidential Memorandum to Councillors RFT 65/14 Evaluation of Construction Tender for Sewage Pump Station Upgrades (Confidential)
|
1. Council accept the recommendations as outlined in the confidential attachment. 2. Council accept the tender submission from <insert> in relation to the construction for Sewage Pump Station Upgrades as described in RFT 1400679, 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 tenderers be advised of Council’s decision.
|
Council 22 October 2014 Item 11.2
This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 1 October 2014.
Group Manager Transport and Utilities
Background
The Bega Valley Local Traffic Committee held a meeting on 1 October 2014, the minutes of which have been distributed separately. It is a requirement Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.
ATTACHMENTS
Nil
|
That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 1 October 2014 and approve the following: Extension to existing No Stopping Zone – Upper Street, Bega (Bega Fire Station) Council approves the extension of the existing “No Stopping” zone along the Upper Street frontage to the Bega Fire Station by 30 metres, being 40 metres from the intersection of Upper and Gipps Streets, Bega. Extension to existing No Stopping Zone – Clark Lane, Bega Part 1 Council approve the installation of a “No Stopping” zone on the eastern and part of the northern side of Clark Lane commencing at the corner of the building currently occupied by the Salvation Army for a total distance of 47.5 metres ending adjacent to the eastern boundary of the Salvation Army occupied building. Part 2 Council approve the extension of the existing “No Stopping” zone at the exit driveway (Clark Lane) from the Bega Coles car park by removing 2 on street car spaces. The “No Stopping” zones be extended to a distance of 7.6 metres east and 7.6 metres west of the edge of the existing access layback. Part 3 Council approves the relocation of the existing on street bus zone to accommodate the new pedestrian blisters for the target development, commencing from the corner of Zingle Place and Gipps Street to the existing bus shelter, a distance of 45.3 metres. Two parking spaces with a two hour limit will be available in front of the Youth Space northbound side of Gipps Street. On the southbound side of Gipps Street the bus zone will be extended by a distance of 11 metres to the south. Installation of No Stopping Zone – Corner Bega and Scott Streets, Wolumla Council approves the installation of “No Stopping” zones on the corner of Scott and Bega Streets, Wolumla. A “No Stopping” zone be installed on the north eastern corner (Wolumla Hotel), with the Scott Street leg being the mandatory 10 metres from the intersection and the Bega Street leg being a distance of 17 metres from the intersection. A “No Stopping” zone be installed on the south east corner (General Store), with the Scott Street leg being a distance of 16 metres from the intersection and the Bega Street leg being a distance of 20 metres from the intersection. |
Council 22 October 2014
staff reports – governance and strategy (leading organisation)
22 October 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.
12.1 Internal Audit Committee - The Year in Review - 2013-2014................ 108
12.2 Certificate of Investments made under Section 625 of the Local Government Act 1993.......................................................................................................................... 111
12.3 Biamanga National Park External Group Committee - Request for Alternate Delegate.......................................................................................................................... 116
Council 22 October 2014 Item 12.1
The purpose of this Internal Audit Annual Report is to provide information to Council about the activities of the Internal Audit Committee during the 2013/2014 financial year.
Executive Manager Organisational Development and Governance
Executive Summary
The purpose of this Internal Audit Annual Report is to summarise the Internal Audit activity over the period 01 July 2013 to 30 June 2014. Specifically, the Internal Audit Annual Report summarises:
1. The function of the Internal Audit Committee;
2. Internal Audit activities during the financial year 2013/2014; and
3. Audit planning – based upon a 4-year horizon.
1. Function of the Internal Audit Committee
The Internal Audit Committee meets quarterly, and reports annually to Council. The existing Internal Audit Committee Charter is currently under review and is anticipated it will be considered for adoption by Council in November 2014.
Members of the Internal Audit Committee during 2013/2014 were:
• Chair – Mr. Geoff Steel, independent member *
• Committee member – Mr. Terry Bunn, independent member
• Committee member – Cr Ann Mawhinney
* In August 2014, Mr Steel completed 5 years as an independent member of the Committee. Consistent with the Office of Local Government Guidelines, an ‘expression of interest process’ will be undertaken for the independent member positions (2) during November 2014.
A new Enterprise Risk and Internal Audit Coordinator / Local Emergency Management Officer was appointed as of 29 March 2014. Noting his three areas of responsibility it is planned to spend about 40 per cent of his capacity on internal audit activities; supplemented with a budget of $25,000 for internal audit consultants. The IAC has also recommended the Internal Auditor have a direct line of communication to the General Manager, as and when required.
Additionally, as per the Audit Committee’s Charter, the ‘non-voting attendees’ to Internal Audit Committee meetings were: the General Manager, Executive Manager Organisational Development and Governance Unit; Group Manager Strategy and Business Services Group; and the Internal Audit Coordinator.
2. Internal Audit Activities
In 2013/2014, the Committee has reviewed and noted a number of completed audits in its role to support Council’s management and good governance practices. Due to the previous Internal Audit Coordinator taking unforeseen extended leave, the Annual Plan was revised to take into account this resourcing issue, and only those 'core' or high priority/risk audits were selected to be undertaken. Table 1 below lists the completed Audits.
Table 1—Completed Audits
|
# |
Audit Title
|
|
1 |
Enterprise Risk Management |
|
2 |
Project Management |
|
3 |
IT Security – phase 1 Disaster Recovery Plan application |
|
4 |
Enforcement Officers authority and corruption risks |
|
5 |
Governance: Policy and administration compliance |
|
6 |
Conflict of Interest |
|
7 |
Investments |
|
8 |
Release of Eden Cove Bonds |
The completed Audits outline 30 recommendations for improvement, of which 10% of these were considered a 'high' priority for implementation, and a further 37% were considered a 'moderate’ priority.
Generally, the Audits found:
• Overall, Council is compliant with legislation and policy, although there were some specific opportunities for improvement identified;
• There is a need to continue strengthening effective internal controls as well as systems and processes generally; and
• There is a need for more consistent and effective documentation of procedures and processes.
Specifically, it should be noted:
• Project Management internal controls, practices and processes were generally inadequate and not aligned with best practice. Improved processes and reporting have been agreed;
• The IAC recommended enforcement officers be rotated to different locations for at least part of the year; and
• The IAC was assured community consultation is occurring on all community based Council projects (eg sports pavilions, playgrounds, toilets).
3. Audit Planning
The below listed documents have been scheduled based upon a 4-year horizon to be reviewed and adopted:
• Strategic Internal Audit Plan – a 3 year document that provides visibility for how the Internal Audit Coordinator proposes to undertake their work. The Strategic Internal Audit Plan is reviewed annually, and is therefore in effect a 'rolling' 3 year document. Refer summary of 16 planned audits attached (p119 – 129 of IAC 26 Aug 2014 papers)
• Annual Audit Plan – twelve monthly document that provides a detailed breakdown of the current audit schedule. Refer summary of 6 planned audits attached (p85 – 90 of IAC 26 Aug 2014 papers)
• The Internal Audit Committee has also requested that Council’s Top 20 identified risks be captured within the audit plan.
ATTACHMENTS
Nil
|
That Council notes the progress of the Internal Audit Committee during 2013-2014. |
Council 22 October 2014 Item 12.2
To report the details of Council’s investments during the month of September 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 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 $50,000,000.
These funds can be broken into the following Funds:
Table 1: Investments by Fund
|
Funding source |
July 2014 |
August 2014 |
September 2014 |
|
General Fund |
$23,090,726 |
$27,090,726 |
$26,090,726 |
|
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 $9,692,815.09 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 |
$2,262 |
$30,258 |
|
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 September 2014
|
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. |
A request has been received by the Biamanga National Park Committee for Council to nominate an alternate Delegate for attendance at meetings.
General Manager
Background
At the Council Meeting of 1 October 2014 Councillors confirmed Delegates and Representatives to various Committees and Panels.
Council resolved to appoint Cr Hughes to be the Delegate for the Biamanga National Park Committee.
Notification was provided to the Biamanga National Park Committee who subsequently requested that an alternate Delegate be appointed. This will ensure that Council is represented at all meetings as Cr Hughes will be able to liaise with the alternate when he is unable to attend.
ATTACHMENTS
Nil
|
1. That Council approve the request from Biamanga National Park Committee. 2. That Council confirm the following Deputy Delegate to Biamanga National Park Committee. <insert> 3. That the Biamanga National Park Committee be advised of the appointed Deputy Delegate. |
Council 22 October 2014
Notices of Motion
22 October 2014
16.1 Bega Women's Resource Centre - Support for Save our Services...... 118
16.2 Bega Women's Refuge................................................................................ 120
Council 22 October 2014 Item 16.1
Background
The Bega Women's Resource Centre has written to Bega Valley Shire Council requesting support for the Save Our Services Team in tabling their petition of 14,000 signatures in September 2014, seeking debate on the decision making process that led to the losses of critical services now being experienced in our community by the most vulnerable and disadvantaged.
These losses have seen many women and children disenfranchised and without options for crisis care within their own region.
Many other rural and remote communities have suffered
through this tendering process, which has seen 336 services reduced to 149
packages run by 69 providers.
There is compelling evidence that there is widespread concern about these
limited services not providing the support needed to those escaping domestic
violence and homelessness.
If this developing situation is added to the already
existing problem that has been previously identified by Council, of the
homeless and disadvantaged within the Bega Valley, then it just serves to
compound an escalating situation that requires urgent and practical solutions.
Cr Sharon Tapscott
ATTACHMENTS
Nil
|
1. That Bega Valley Shire Council support Save our Services in their requesting, by petition to Parliament, that there be debate on the tendering process that led to loss of critical services for women and children escaping domestic violence in rural areas particularly the Bega Valley. 2. That Bega Valley Shire Council encourage all other councils who have experienced loss of service through this tendering process to also support the debate on this process. 3. That Bega Valley Shire Council, as a priority, engage in some meaningful discussions on what practical solutions it may offer, in looking for options to reduce homelessness and increase crisis care within our local government area for all sections of our community
|
Council 22 October 2014 Item 16.2
Background
In June this year, Family and
Community Services Minister Gabrielle Upton announced funding would be restored
to the inner city, $2 million would be specifically for the restoration of the
city’s women’s services and some services unsuccessful in the
tenders could apply for 18 months temporary funding.
The most significant outcome of the tenders would be the flow on from 336
individual services having been consolidated into 149 packages run by 69
providers.
Before the tenders there were 90 women’s services in NSW funded as
Specialist Homelessness Services. Under the tenders, there are now only
23 women’s services, and many services will now be generalist and managed
by mainstream providers such as Mission Australia and Wesley Mission.
While the outcomes of the tenders cannot be thoroughly assessed until the new
services commence on 1 November, a
number of trends are appearing. Other losses indicated include less:
· full time staffing
· 24/7 on call
· girl-only youth refuges
· Aboriginal run services
In addition, the loss of many local
services built up from demonstrated need, established and ‘owned’
by local communities.
Concerned by the implications for women who need women-only services, SOS
Women’s Services broadened its advocacy and in September tabled a
petition of 14,000 signatures to State Parliament requesting debate on the
decision making processes that have led to these outcomes and seeking certain
assurances for women and girls.
SOS is continuing to advocate for the necessary role of a select group of
women’s services in high need areas across the state, including the Far
South Coast.
Cr Keith Hughes
ATTACHMENTS
Nil
|
1. That Council acknowledges the strong community support for Bega Women’s Refuge including from local police and the vital services it has provided over 26 years 2. That Council calls for the refuge run by Mission Australia to operate 24/7 and for staffing levels to be maintained at previous levels (10 staff) to ensure the area is adequately serviced 3. That
Council writes to the Minister Gabrielle Upton and local MP Andrew Constance
requesting that they support a refuge in Bega with qualified staff and
support local police by ensuring the refuge operates 24/7. |
Council 22 October 2014
Questions On Notice
22 October 2014
18.1 Merimbula STP Deep Water Ocean Outfall - EIS Update...................... 123
Council 22 October 2014 Item 18.1
Cr Fitzpatrick asked at the Council Meeting of 10 September 2014, to receive an update on the Deep Water Ocean Outfall Effluent Disposal System.
Water & Sewerage Services Manager
Council Meeting 10 September 2014
Item 18.3 Deep Water Ocean Outfall Effluent Disposal System
Cr Russell Fitzpatrick noted at the Council meeting of 3 July 2013, Council resolved to pursue ways over the next 12 months to meet capital funding shortfall for a deep water ocean outfall effluent disposal system with State and Federal Governments.
Item 3 and 4 of the resolution was that should State and Federal funding not be forthcoming then Council proceed to constructing a dunal exfiltration system.
Cr Fitzpatrick asked could Councillors receive an update of this position in view of the offer from the State Government in regards to infrastructure projects, and additionally a costing of the construction of a dunal exfiltration system.
The question was taken on notice by the Group Manager Transport and Utilities who has provided the following response to Councillors via Memorandum:
Background
Merimbula sewage treatment plant (“Merimbula STP”) is owned and operated by Bega Valley Shire Council. It services the localities of Merimbula, Tura Beach, Pambula, Pambula South and Pambula Beach.
Treated effluent from the Merimbula STP is beneficially reused to irrigate Pambula Merimbula Golf Course and a nearby rural property known as “Oaklands”. The balance of treated effluent unable to be beneficially reused is discharged to exfiltration ponds located in the sand dunes east of the plant and to Merimbula Bay via a shore based outfall.
NSW Environment Protection Authority (EPA) has asked Council via its Merimbula STP Environment Protection Licence to seek necessary approvals to construct a deep water ocean outfall and upgrade the Merimbula STP to rectify the shortfalls of current effluent management arrangements.
At its meeting of 25 June 2014 Council adopted a deep water ocean outfall and associated upgrade of the Merimbula STP as the preferred option.
Progress
Significant progress has been made towards commencement of the Environmental Impact Statement (EIS)/Concept Design. The following specific actions have taken place since 25 June 2014:
· Engagement NSW Public Works project manager
· Engagement of specialist planning law consultants to advise on the appropriate EIS approvals pathway and likely Director Generals’ requirements
· Engagement of specialist water quality and oceanographic consultants to support the technical/data requirements of the EIS
· Meetings with senior NSW Planning and NSW EPA officers regarding likely EIS requirements
· Drafting of contract documents for engagement of a suitable consultant to complete the EIS/Concept Design
Provided matters associated with NSW Planning go smoothly it is likely an EIS/Concept Design consultant will be engaged by February 2015.
ATTACHMENTS
Nil
