Agenda of Council - 4 February 2015

Council 4 February 2015

Item 8.1

8.1. CBD Landscape Masterplans

Council has engaged SPIIRE Landscape Architects to prepare landscape masterplans and design guidelines for the central business districts of Eden, Merimbula, Bega and Bermagui. This report seeks Council’s adoption of the masterplans for Bega, Merimbula and Bermagui, following Council’s previous adoption of the Eden Masterplan.

Group Manager Planning and Environment

Background

In September 2014, Council resolved to publicly exhibit draft landscape masterplans for Merimbula, Bermagui and Bega. The proposed public exhibition was the second major consultation exercise undertaken as part of this program. Council previously publicly exhibited the ‘Design Visions and Options’ report that was also prepared by SPIIRE.

The draft landscape masterplans were placed on public exhibition for a period of six (6) weeks, beginning the week of 15 September and concluding on Friday 24 October 2014. Exhibition displays were available at Council’s libraries, Bega Office and on a dedicated project website. During the exhibition period listening posts were held in each town, where retailers, community members and visitors could discuss their ideas and issues directly with the consultants and Council staff. SPIIRE project staff and Council staff also met with representatives from the Chambers of Commerce from each of the three project towns. An online and hardcopy survey was also used to gain feedback from the community regarding the various options put forward for each town.

SPIIRE has collated the feedback received during the public exhibition period and has made adjustments to the exhibited draft masterplans. The final draft masterplans were discussed most recently by Councillors at a workshop on 28 January 2015.

A copy of the Bega Valley Shire CBD Landscape Master Plans - Bega Bermagui Eden Merimbula can be viewed on Council’s website:

http://www.begavalley.nsw.gov.au/attachments/139122_draft_CBD_LMP_FINAL.pdf

Consultation

The major issues that were raised in the consultation process are included in the hyperlinked project report. The following list provides an overview of the major issues raised in each town and the project team’s response to the issue:

Merimbula

Issue

Comment

1. Beach St needs to remain two way due to large traffic volumes and issues with Main St / Market St

2. Traffic issues in the CBD should be considered following opening of CBD bypass

3. Parking availability / issues in CBD to be resolved prior to implementation / Multi level carparks

4. Relocate power underground

5. Improve Main Street / Market Street

Intersection – consider traffic lights

6. Improvements to Hylands Corner including performance deck area, shade and seating

7. Consider shared space between Beach

Street and Merimbula Drive

8. Disabled access to shops remains an issue

9. More street tree planting – review

appropriateness of existing species

10. No right turn from Beach Street into Market Street

11. Consider 40kph speed limit

1. Draft amended to keep Beach St as two way road

2. No major changes to traffic or road operations proposed in the Masterplan will be implemented until the impact of the bypass has been evaluated

3. No parking will be removed from Beach St in particular until CBD parking is resolved.

4. The cost of placing power underground, rewiring adjoining buildings and re-establishing roads and footpaths is beyond the current budget of this project, however the masterplan supports same as a future aspiration if and when funds are available

5. As per 2 above.

6. Masterplan proposes improvements to Hylands corner and improved connectivity to proposed shared space on Market St.

7. Masterplan proposes shared space between Beach St and Merimbula Drive as an alternative to that proposed for Beach St. Dependent on impact of bypass.

8. Disabled access to shops needs to be considered at DA stage or undertaken proactively by property owners. Any changes to footpaths will seek to improve access.

9. Masterplan provides an appropriate list of street plant species and recommends the use of street trees on all streets covered by plan

10. No right turn recommended in plan.

11. This may be appropriate, particularly in proposed shared zone and subject to future consideration by Council’s Traffic Committee.

Bermagui

Issue

Response

1. Consider retention of parallel car parking / parking spaces in front of Pharmacy

2. Colonnade from Wallaga Street to Arcade

3. Maintain views to Gulaga Mountain.

4. Use local plant species

5. Improved signage

6. Pedestrian connectivity to Woolworths

7. No changes to Bermagui are required / maintain seaside village atmosphere

8. Historical and cultural recognition

9. Garden beds and tree planting

10. Access to Surf Club toilets

11. Footpaths and bicycle paths throughout Bermagui

12. Narrowed thresholds in roadway to

cater for trucks and caravans

13. Review location of colonnade and disabled parking bays

14. Sight lines at intersections

15. Lagoon crossing – short term assign pathway on existing bridge, long term install pedestrian bridge

16. More trees and shade

1. The final draft has reinstated some spaces previously proposed for footpath widening in draft plan, including outside the pharmacy.

2. Not practical to construct along length of Lamont St, as it would require footpath widening along length of Lamont St.

3. Plan recognises iconic views of Gulaga and ocean from Lamont St and plant species selection has taken this into account.

4. Local species given priority in species selection for gardens or street trees.

5. Draft Plan proposes a range of signage designs.

6. The plan recognises the importance of connectivity between Lamont St and Woolworths and suggests improved pedestrian access along Lamont Lane.

7. Plan ensures that Bermagui’s values and seaside village character are enhanced.

8. Opportunities are incorporated for historical and cultural recognition in public art and interpretive signage.

9. The plan proposes a number of low gardens at intersections and adjacent to carparks and appropriate scale street trees.

10. Plan proposes footpath linking Lamont St precinct to the public toilets.

11. Major feature of plan is the cycleway extension from the Co-op to CBD. Council’s bicycle plan identifies cycling routes elsewhere in Bermagui.

12. Plan has been designed to relevant road and traffic standards.

13. Changes have been made to previous draft relocating disabled space and reducing length of colonnade.

14. Sight lines have been considered in intersection landscaping and tree selection.

15. Decision on bridge to be made at design / costing stage.

16. Plan proposes a significant increase in street trees, plus a Colonnade with shade.

Bega

Issue

Response

1. More shade over seating areas

2. ‘Dry’ playground such as climbing web.

3. Greenery to soften streetscape and public realm.

4. No parking be removed

5. Outdoor eating precinct between

Auckland and Church Street

6. Replacement of dead trees with mature specimens

7. Review proposed tree species with a view to maintaining existing trees, and using smaller trees adjacent shopfronts and in CBD streets

8. Improvement to signage

9. Review tree guards

10. Warm coloured pavers rather than grey

11. Consider 40kph zone in Carp Street and utilise rumble strips in Carp Street to reduce vehicle speeds

12. Trial Scramble Crossing at Auckland

Carp Street intersection

13. Adjust step access to Littleton Gardens from Ayres Walkway

14. Install traffic lights at Carp Street / Gipps Street intersection

1. Extra shade structures and trees are proposed for Ayres Walkway.

2. Plan does not cover Littleton Gardens where interactive play installations are proposed. New playground proposed for Bega Park.

3. Gardens are proposed for Parker, Gipps, Canning and Parker St intersections plus Carp St as part of widening curb outstands.

4. Existing parking numbers in Carp St are retained.

5. This issue was considered but would require the removal of a number of carparking spaces due to the narrow width of footpath.

6. Plan proposes retention of current street trees and more active maintenance of them to ensure better specimens.

7. Tree species have been reviewed and amended following draft plan exhibition.

8. Plan recommends extensive signage improvements, including preferred styles and materials.

9. Proposed to replace existing timber guards with smaller circular tree guards to improve amenity and reduce impact on parking movements.

10. Plan is proposing replacement of existing grey feature tile. Remainder of footpath to remain. Plan provides paving style and colour options.

11. 40km may be appropriate (with Traffic Committee consideration) between Parker and Peden Streets to improve pedestrian and traffic safety. Rumble strips already proposed.

12. Plan proposes trial of scramble crossing. Would require additional light signals.

13. Plan proposes alterations to the current step and ramp layout in Ayres Walkway as part of overall improvements to Ayres Walkway.

14. Final Draft Plan recommends that traffic lights be considered for this intersection.

Issues

Sustainability

Sustainability is a key principle underpinning the draft landscape masterplans and accompanying design guidelines. Where possible the masterplans only recommend essential changes to physical infrastructure such as roads, footpaths or drainage in an effort to reduce project costs and ensure that perfectly good infrastructure is not unnecessarily replaced.

The designs guidelines also highlight the use of locally available or recycled timber products, local species and that landscaping be undertaken in accordance with Sensitive Urban Water Design principles. The landscape masterplans and materials suggested are robust in nature, to minimise the ongoing maintenance and replacement costs to Council.

Social / Cultural

The successful implementation of the draft landscape masterplans will result in improved town centres that are more pedestrian friendly and create improved community spaces, whilst adequately catering for vehicle movements and parking. The masterplans provide the opportunity for the incorporation of local artworks into the streetscape and create spaces that can be used for community events, performances and exhibitions.

Financial

There is $1,000,000 allocated in Council’s Long-term Financial Plan for the implementation of each of the Merimbula and Bega landscape masterplans. There is $500k allocated for the Bermagui Masterplan implementation. The works proposed in the masterplan will require funding beyond that currently allocated. For example there is strong retailer and community support for the undergrounding of all electricity powerlines, but that alone would run into many millions of dollars. As such, careful prioritisation and opportunistic leveraging of other Council or private works will be required to ensure that the town centres receive the optimum outcomes from the available funding.

It is hoped that Council’s funding will act to motivate investment from adjoining private property owners.

Conclusion

The landscape masterplans represent the culmination of a significant body of consultation and design effort. They present clear recommendations to Council to guide the future presentation and development of our CBDs and adjoining streets. These final draft plans are now suitable for adoption by Council and to be utilised for the development and maintenance of the Central Business Districts of Bega, Bermagui and Merimbula.

Attachments

Nil

Recommendation

That Council adopts the draft CBD landscape masterplans for Merimbula, Bega and Bermagui and that these masterplans form the basis for the future enhancement of the three towns.

Council 4 February 2015

Item 8.2

8.2. Adoption of Section 94 and 94A Contributions Plans and Planning Agreements Policy

The public exhibition of Council’s Draft Bega Valley Section 94 and Section 94A Contributions Plan 2014 and Draft Planning Agreements Policy is complete. This report provides a discussion of the issues raised in submissions and subsequent Council workshops for Council’s consideration.

Group Manager Planning and Environment

Background

Council engaged consultants to review and update Council’s development contributions in late 2009. This review identified a number of opportunities for Council as well as the need to update existing contribution plans.

On 12 October 2010 Council resolved the following:

“1. That Council prepare a Draft S94 (Direct) Contributions Plan that applies to all residential subdivisions of land that increase the demand for community infrastructure.

“2. That Council prepare a Draft S94A (Indirect) Contributions Plan that (subject to Ministerial Directions) applies to other developments over $100,000.

“3. That Council consider on merit Planning Agreements to address community infrastructure demands resulting from large developments. The use of a Planning Agreement may be in addition to or instead of the imposition of direct or indirect contribution requirements on development consents.

“4. That a further report be presented to Council, once the draft plans have been prepared, for consideration by Council prior to public exhibition.”

The consultants then prepared draft contributions plans and a planning agreement policy in accordance with the above resolution. On 26 March 2014 Council considered a report on the draft contribution plans and planning agreement policy and resolved the following:

“1. That the draft Section 94 and 94A contributions plans be placed on public exhibition in accordance with the Environmental Planning and Assessment Regulation 2000 in conjunction with the draft planning agreement policy for a period of six weeks.

2. That a further report be presented to Council following completion of the public exhibition of the draft plans and policy.”

The Draft Bega Valley Section 94 and Section 94A Contributions Plan 2014 (draft contributions plan) and Draft Planning Agreements Policy were placed on public exhibition from 9 April 2014 until 23 May 2014 and a total of six submissions were received to the draft contributions plan. No submissions were made to the Draft Planning Agreements Policy. A workshop on the draft contributions plan was held with the consultant and Councillors on 16 July 2014 and further Councillor workshops were held on 19 November 2014 and 21 January 2015. This report details the issues raised in those submissions and at the Councillor workshops.

Discussion of Submissions

Chambers of Commerce

· The Bega Chamber of Commerce and Industry noted that the draft contributions plan states that the redevelopment of Littleton Gardens car park will occur in 2014 although Council has not yet approved future stages of the Littleton Gardens Masterplan.

Staff comment:

The schedule of works in the draft contributions plan aligns with Council’s current Building, Recreation & Transport Asset Management Plans, Delivery Plan and Long Term Financial Plan. The schedule of works will be regularly updated following adoption of new or amended plans to ensure that the projects funded with development contributions reflects Council’s current priorities.

No changes to the draft contributions plan are recommended.

· The Bermagui Area Chamber of Commerce and Tourism noted that the draft plan did not include the widening of Lamont Lane.

Staff comment:

During discussions regarding the development application for the Bermagui Woolworths in late 2013, the possibility of dedicating land on the southern side of Lamont Lane for future road widening was raised by Council. The approved supermarket has been designed to accommodate future road widening should Council pursue this option in the future.

In order to require the dedication of land from developers Council need to amend the contributions plan to include the land. Should Council resolve to amend the contributions plan to include dedication of the land, the amendment would need to be publically exhibited prior to formal adoption.

It is recommended that a draft plan to widen Lamont Laneway be designed by Council’s Engineering Section and presented for Council’s consideration as a future amendment to the contributions plan.

Woodlands Lane

Four submissions addressed the requirements in the draft contributions plan for Woodlands Lane.

· Concerns with the route of the proposed road

Staff comment:

The route of the proposed road in the draft plan was designed to provide access to those lots that have conditions of consent requiring the upgrading of the bridge and/or road, and to ascertain cost estimates for the purposes of the draft contributions plan. Should Council resolve to upgrade Woodlands Lane, final road and bridge designs will be prepared by Council’s Engineering Section including the route and standard of construction.

Changes in the actual project cost are unlikely to impact on the draft contributions plan as contributions are capped at $20,000 per dwelling which is less than two thirds of the estimated total project cost per dwelling.

No changes to the draft contributions plan are recommended.

· The unreasonable burden of additional Section 94 contributions above those already imposed on development consents

Staff comment:

The draft contributions plan does not impose an additional Section 94 contribution on any existing consents. However, Council has issued consent for the creation of a total of nine concessional allotments (affecting Lots 79, 105, 116, 119, 120, 135 DP 750227), and the use of two existing lots for a dwelling (Lots 138 and 197 DP 750227) which all have conditions of consent requiring bridge and/or road construction on Woodlands Lane as well as the payment of Section 94 contributions.

The cost of the bridge and road works for these landowners is prohibitive, and as a result these developments have not proceeded. When the draft contributions plan comes into effect, these property owners could apply to Council to modify the conditions of consent under Section 96 of Environmental Planning and Assessment Act 1979 (the Act) to replace the existing requirement for road and bridge construction works with a new Section 94 contribution of $20,000 per dwelling/allotment.

No changes to the draft contributions plan are recommended.

· An error in the calculation of the number of approved dwellings required to contribute regarding Lot 116 DP 750227

Staff comment:

Lot 116 DP 750227 holds two consents, one for the creation of two concessional allotments requiring works to Woodlands Lane and another for the use of land for a dwelling with no requirement for works to Woodlands Lane. The draft contributions plan is based on the concessional allotment consent. Should the owners of Lot 116 DP 750227 not proceed with the concessional allotment subdivision it is unlikely that any contributions would be received from Lot 116 DP 750227 under the draft contributions plan.

As neither consent has been actioned to completion, no changes to the draft contributions plan are recommended at this time.

· Concern that existing owners may have to contribute towards cost of proposed road.

Staff comment:

The draft contributions plan does not (and cannot) require the owners of existing properties to contribute to the cost of the road works to Woodlands Lane or bridge unless they seek to sub-divide or otherwise proceed with future dwelling entitlements.

· Three submissions requested a reduction in the current minimum lot size to permit further rural residential subdivision of their land on Woodlands Lane.

Staff comment:

The submissions to the draft contributions plan requesting re-lot sizing of land to permit further subdivision will be treated as submissions to the rezoning of Lot 492 DP 1103062, the planning proposal for which is expected to be publically exhibited in coming months. It is acknowledged that creating additional dwelling opportunities on Woodlands Lane will enable Council to collect more contributions towards the proposed works, however the suitability of the area for further development needs to be considered in the context of the environmental constraints and the impact of additional rural residential lot supply in the area.

No changes to the draft contributions plan are recommended.

· The submission from Caddey Searl and Jarman enquired as to how the $20,000 cap on contributions would work if the Woodlands Lane contribution totals $32,000 and noted that even if Council permitted additional rural residential subdivision off Woodlands Lane the contribution would still probably exceed the cap.

Staff comment:

Contributions levied under the plan are currently capped by a Direction issued by the Minister for Planning under Section 94E of the Act at $20,000 for established areas and $30,000 for greenfield areas. Because of this cap, even though costings for works to Woodlands Lane road and bridge may exceed $20,000 per dwelling Council is unable to levy Section 94 contributions above the cap.

Under the draft contributions plan the maximum amount of Section 94 contributions that could be collected for works to Woodlands Lane will total $440,000. This scenario assumes the consents for the 12 approved lots are modified under Section 96 of the Act as discussed above and that the rezoning of Lot 492 DP 1103062 proceeds with the development of the maximum possible 10 additional allotments.

Should Council decide to allocate all of those contributions to the Woodlands Lane works (as opposed to allocating the standard contribution of $9,194 per lot to the Schedule of Works and the residue allocated to Woodlands Lane works) this will leave a shortfall in funding of approximately $267,000.

It is recommended that the draft contributions plan is amended to clarify that the whole of the $20,000 Section 94 contribution applied to those properties identified as being within the Woodlands Lane catchment be allocated specifically to road and bridge works on Woodlands Lane.

Local Development Professionals

The submission from local surveying company Caddey, Searl & Jarman raised the following additional issues:

· The significant increase in costs for some development will impact on the availability of affordable housing opportunities, especially in rural residential areas.

Staff comment:

The aim of the draft contributions plan is to promote the economic development of land in the Shire and to provide adequate public infrastructure for the users of new developments. Accordingly, new developments are required to make a reasonable contribution towards the provision of new and / or augmented Local Infrastructure to meet the demands of those developments. The formula for calculation of the Section 94 contribution rates includes a built-in discount to maintain development affordability ($17,876 is the estimated total cost but discounted to a recommended $9,194 per lot/dwelling).

Table 1 outlines the difference in contributions between the current and draft contributions plans. The Section 94 contributions for a typical urban residential subdivision will rise from $6,393 to $9,194 per lot and for a typical rural residential subdivision will rise from between $2,463 - $7,603 to $9,194 per lot. Rural residential contributions vary because rural roads contributions depend on distance from a Class A road.

Section 94 contributions for dwellings on existing lots where no Section 94 contributions were paid at the time of subdivision will increase from $617 to $9,194 per dwelling in urban areas and from between $2,493 to $7,766 to $9,194 in rural areas.

Section 94 contributions for subdivisions will decrease in a limited number of locations for areas that are currently subject to specific roads contributions. For example the contributions for a rural residential allotment on Bald Hills Road will decrease from $10,082 to $9,194.

Table 1. Proposed and Current Section 94 contribution rates

Development Type:	Draft Plan Contribution Rate	Typical Current Contribution Rate (2014/15)
· New residential lots – Urban · New residential lots – Rural	$9,194 per lot $9,194 per lot	$6,393 per lot $7,766 per lot
· Dwelling houses, dual occupancies, attached dwellings on existing lots – Urban · Dwelling houses, dual occupancies, rural workers dwellings on existing lots – Rural	$9,194 per dwelling $9,194 per dwelling	$617 per dwelling $7,766 per dwelling
· Residential flat buildings, shop top housing, multi dwelling housing on existing lots	$6,394 per dwelling	$2,271 per 2 x bedroom dwelling
· Secondary dwellings · Bed-sitters or one bedrooms dwellings in any type of Residential Accommodation development on existing lots	$5,675 per dwelling $5,675 per dwelling	Nil $2,092 per 1 x bedroom dwelling

Although Section 94 contributions under the draft plan will increase for most rural residential development, the impact on housing affordability will actually be greater in established urban areas, particularly villages.

Under the draft contributions plan new dwellings on existing urban allotments where no contributions have been paid are levied $9,194, whereas under Council’s current Section 94 Plans the only contribution that applies to new dwellings on these allotments is a $617 car parking contribution.

For existing rural allotments where no contributions have been paid the impact is less significant as the contribution under the current plans is currently between $2,493 and $7,766.

This issue is discussed further in the following Section of this report.

· The draft plan shifts costs from those developments directly benefiting from proposed works to all development within the Shire.

Staff comment:

The draft contributions plan contains two approaches to applying developer contributions depending on circumstances. Section 94 (or nexus based) contributions are proposed for residential accommodation development (including residential subdivisions) where population growth or change is likely to occur. A Section 94A levy is proposed for all other development over $100,000.

The draft contributions plan proposes a more equitable allocation of costs than under the current Section 94 contributions plans by widening the application of contributions for roads by removing contributions for localised catchments, contributions are the same in all areas (with the exception of Woodland Lane and Bermagui laneways), and there is a more rigorous and fairer approach to contributions for town centre car parking.

The Section 94A levy will allow Council to collect money from developments that are projected to burden the infrastructure network, where the scale and rate of development is minimal or difficult to predict, or where the nexus between development and demand for infrastructure is difficult to accurately describe.

No changes to the draft contributions plan are recommended.

· There are general maintenance items in the schedule of works.

Staff comment:

Under Section 94 of the Act Council can condition the payment of a monetary contribution for the provision, extension or augmentation of the public amenities and services within the area for which the development will or is likely to require.

The Schedule of Works is based on Council’s adopted priorities to 2026 as reflected in the Building, Recreation and Transport Asset Management Plans, current Delivery Plan and Long Term Financial Plan as well as recoupment for some recently completed works. The schedule of works in the draft Contribution plan contains contributions towards the provision of new and / or augmented Local Infrastructure and not maintenance, specifically:

1. New works, upgrades, renewals and recoupments for road works, open space and recreation facilities,

2. Upgrades, renewals and recoupments for community facilities, streetscape works, and land acquisition, and

3. Plan management and administration costs.

No changes to the draft contributions plan are recommended.

· The Section 94A rates table should be inverted.

Staff comment:

The Section 94A rates table is based on the specifications of Clause 25K of the Environmental Planning and Assessment Regulation 2000. The levies contained in the draft contributions plan are commonly applied by Councils across New South Wales (see Table 2).

No changes to the Section 94A levies contained in the draft contributions plan are recommended.

Table 2. Proposed Section 94A levy rates

Development Type	Contribution Rate
Development that is not subject to a Section 94 contribution under this Plan or any other contributions plan adopted by the Council, and the proposed cost of carrying out the development:
· is up to and including $100,000	Nil
· is more than $100,000 and up to and including $200,000	0.5 % of that cost
· is more than $200,000	1 % of that cost

· Need to confirm the operation of savings clause in regard to past consents. Some existing consents specify that Section 94 contributions are subject to Consumer Price Index (CPI) while others are as per schedule of fees and charges at the time of payment.

Staff comment:

Table 3 contains the wording of current and previous consents issued by Council relating to the payment of Section 94 contributions compared with the wording of the draft contributions plan.

Despite the alternative wording having the same effect under the current Section 94 plans, once the draft contributions plan is adopted, the effect of the alternative wording will differ. More recent development consents will be subject to the full Section 94 amount contained in the draft contributions plan as it will be specified in Council’s Fees and Charges Schedule, whereas the individual Section 94 contributions specified on older consents will be subject to recalculation at the time of payment to account for CPI movements.

Table 3. Existing and proposed savings clauses

Existing development consents	Draft contributions plan
Older consents: Contributions will be adjusted as of 1st January, each year in line with cost movements in the consumer Price Index for the previous 12 months. The contribution amount will hold for a period of 12 months from the date of consent and thereafter the updated figure will be payable.	Any unpaid Local Infrastructure [Section 94] Contributions that have been imposed under a repealed contributions plan, and which had not been paid at the date this Plan came into effect, shall be paid in accordance with the terms of the condition imposed on the relevant Development Consent.
Current consents: The actual payment due will be calculated at the rate specified in Council’s adopted Fees and Charges Schedule as at the time of payment. The payments listed in this condition are as at the date of issue of this consent.

As a result of this difference, it is recommended that the wording of Clause 2.22.2 of the draft contributions plan is amended to specify that that any unpaid Section 94 contributions that have been imposed under repealed plans shall be subject to CPI movements at the time of payment.

Councillor Workshops

· Concerns regarding the impact of the draft contributions plan on housing affordability opportunities especially in villages.

Staff comment:

The draft contributions plan aims to set development contributions at levels that promote the growth of the Shire’s economy while ensuring that the Local Infrastructure impacts of future development are properly and efficiently addressed. In designing an equitable contributions plan, the location, type and scale of future development expected within the LGA were considered to ensure that contributions are levied fairly and reasonably and relate to the different types of development envisaged.

Amongst other exemptions, the draft contributions plan does not apply to the following residential accommodation developments: boarding houses, group homes, hostels or seniors housing. Following exhibition, it is now recommended that the secondary dwellings (granny flats) are also exempted from contributions under the plan to encourage this type of affordable housing development.

Several options were discussed in Council workshops to address the issue of contributions for existing allotments where no Section 94 contributions were payable at the time of subdivision and are outlined below:

1. No discount for lots created for the purposes of a dwelling prior to the introduction of Section 94 plans.

This would require the payment of $9,194 on the construction of a dwelling on all lots for which no Section 94 contributions have been received by Council.

This approach would result in the maximum contributions achievable under the draft plan and would therefore maximise the potential delivery of Local Infrastructure under the plan.

This approach could, however, have a significant impact on those who plan to construct a dwelling on an existing allotment but do not anticipate having to pay a Section 94 contribution. This could have an adverse impact on development particularly in the pressure sewered villages which form much of the supply of affordable living opportunities in our Shire and which also incur water and sewer headworks charges of $18,972 per dwelling.

2. No contributions payable for new dwellings on allotments for which no contributions were previously paid.

This approach would result in existing allotments where no previous contribution paid not being liable for any Section 94 or 94A contribution at the time of building. If the Section 94 contribution of $9,194 per dwelling recommended under the draft Plan was applied to relevant development consents issued during 2014 contributions would have totalled approximately $140,000.

3. Apply Section 94A contributions to new dwellings on allotments for which no contributions were previously paid.

This would equate to 0.5% of the total cost of building a house between $100,000 - $200,000 and 1% of the coast of building a dwelling over $200 000 with likely contributions payable ranging from approximately $2,000 to $5,000 depending on the cost of construction.

This approach would result in a lower contribution per dwelling than the Section 94 contribution under the draft contributions plan. This would enable an equitable contribution from such developments to fund Local Infrastructure under the plan, while ensuring that housing development is not discouraged on these allotments due to the additional unforseen cost.

On the basis of discussions during the Councillor workshops, Council staff recommend option 3 which is consistent with the Council resolution of 12 October 2010 where Council supported applying Section 94 contributions to residential subdivisions, Section 94A contributions for the majority of other developments and planning agreement for large developments depending on the particular circumstances of the proposal.

Table 4 illustrates the likely impact of this option on different development types compared with the current contributions and draft contributions contained in Table 1.

This approach would provide Council with an equitable means of funding of Local Infrastructure based on the cost of development as well as enabling Council to levy developments on existing allotments that intensify development such as replacing a two bedroom dwelling with a four bedroom dwelling. This approach provides consistency and transparency in administration of the plan whereby all residential subdivisions are charged a standard Section 94 contribution and all other development in the Shire over $100,000 (including dwellings, commercial development and mixed use development) are charged a % of the cost of development under Section 94A.

Table 4. REVISED Proposed and Current Section 94 and indicative S94A contribution rates

Development Type:	Draft Plan Contribution Rate as exhibited (S94 only)	REVISED Draft Contribution Rate (S94 or S94A)	Typical Current Contribution Rate (2014/15) (S94 only)
· New residential lots – Urban · New residential lots – Rural	$9,194 per lot $9,194 per lot	$9,194 per lot $9,194 per lot	$6,393 per lot $7,766 per lot
· Dwelling houses, dual occupancies, attached dwellings on existing lots – Urban · Dwelling houses, dual occupancies, rural workers dwellings on existing lots – Rural	$9,194 per dwelling $9,194 per dwelling	$3,000 per dwelling* $3,000 per dwelling*	$617 per dwelling $7,766 per dwelling
· Residential flat buildings, shop top housing, multi dwelling housing on existing lots	$6,394 per dwelling	$750 per dwelling*	$2,271 per 2 x bedroom dwelling
· Secondary dwellings · Bed-sitters or one bedrooms dwellings in any type of Residential Accommodation development on existing lots	$5,675 per dwelling $5,675 per dwelling	Nil $600 per dwelling*	Nil $2,092 per 1 x bedroom dwelling

* Section 94A contribution depends on construction cost. Indicative rates are based on examples of typical construction costs.

· Need to clarify the procedure for when both Section 94 car parking contributions and a Section 94A levy can apply to commercial development.

Staff comment:

Under the draft contributions plan, commercial development which is unable to provide sufficient car parking on site or which is prohibited from providing onsite parking through the provisions of Council’s Development Control Plan 2013 pay a specified Section 94 contribution per parking space depending on location. In addition, under the draft contributions plan commercial development is levied Section 94A contributions as per Table 2 above. However, under the Act, Council cannot charge both a Section 94 contribution and a Section 94A levy for a particular development.

The draft contributions plan specifies that where both a Section 94 contribution and a Section 94A levy could apply to different aspects of the same development, then the Council shall decide which contribution or levy will be imposed on the development.

Three options were discussed in Council workshops with regard to this matter and are outlined below:

1. Apply the Section 94 car parking contribution in these instances to boost funding for the provision of additional public car parking in the Shire.

This approach may, however, result in a situation where a developer has an incentive to create a car parking deficit. For example, a $4,000,000 development with a shortfall of two car spaces will attract a Section 94 contribution of $11,800 - $30,464 depending on location and avoid paying a $40,000 Section 94A levy.

2. Amend the draft contributions plan to state that in these situations Council will require the higher amount.

Even though Council must forgo either the Section 94A levy or the Section 94 car parking contribution, this approach has the advantage of maximising the return to the Local Infrastructure program.

3. Remove the Section 94 car parking contributions from the draft contributions plan and develop a planning agreement to facilitate payments for shortfalls in on-site commercial car parking provision.

This would remove the situation where both a Section 94 contribution for car parking and a Section 94A levy could apply to a development and ensure that all eligible commercial development is levied under the contributions plan equally while ensuring shortfalls in parking are met.

Council staff recommend the third approach which is permitted under the current legislative arrangements and would require the development of a standard planning agreement for use when commercial development is unable to provide sufficient car parking on site or is prohibited from providing onsite parking through the requirements of Council’s Development Control Plan 2013. To accompany this proposal, it is also recommended that the wording of the draft contributions plan is amended to include a reference to the use of a planning agreement for commercial car parking deficits.

· Need to clarify the procedure for mixed use developments when both Section 94 contributions and a Section 94A levy can apply.

Staff comment:

Mixed use developments comprise two or more different types of development one of which may be subject to a Section 94 contribution while a Section 94A levy may apply to the other.

Section 2.10 of the draft contributions plan states:

“A Section 94A levy cannot be required in relation to development if a Section 94 contribution is required in relation to that development.

Where this Plan indicates that both a Section 94 contribution and a Section 94A levy could apply to different aspects of the same development, then the Council shall decide which contribution or levy authorised by this Plan will be imposed on the development.”

Two options were discussed in Council workshops with regard to this matter and are outlined below:

1. Determine which of the commercial or residential component of a development is the greater and apply either a Section 94 contribution or Section 94A levy accordingly.

2. Amend the draft contributions plan to clarify that in these situations Council will require the higher amount to maximise the return to the Local Infrastructure program.

Staff comment:

Typically in the Bega Valley mixed use development comprises commercial development on the ground storey and residential development on the first and second storeys. It is recommended that Section 94A is levied on mixed use developments. This would eliminate the problem of separating the uses based on size or cost, provides consistency and transparency in administration of the plan and in the majority of cases will maximise the return to Council’s Local Infrastructure program based on likely future development.

Conclusion

A number of issues were raised in public submissions to the draft contributions plan and in Councillor workshops. Following consideration of those issues, a number of amendments to the draft plan are proposed in this report. These changes will result in improved fairness for unpaid contributions imposed under repealed plans, reduced contributions for development on existing allotments and improved equity and transparency in the allocation of contributions for particular developments when either Section 94 or 94A contributions may have been payable under the draft contributions plan.

With the changes outlined in this report incorporated into the draft contributions plan, the Shire will have a new framework for the collection and management of Local Infrastructure contributions which is efficient and equitable, does not unreasonably burden the existing community and which complies with current legislation and guidelines.

Attachments

Nil

Recommendation

1. That Council adopt the Draft Bega Valley Section 94 and Section 94A Contributions Plan 2014 as exhibited subject to the following amendments:

1.1 Table 1.1 and Section 1.3.1 of the plan is amended to state that the Section 94 contribution applied to those properties identified as being within the Woodlands Lane catchment is $20,000 and that moneys collected be allocated to road and bridge works on Woodlands Lane as per Appendix A4 of the plan.

1.2 The wording of Section 2.22.2 of the plan is amended to require any unpaid Section 94 contributions imposed under repealed plans be subject to CPI movements at the time of payment.

1.3 Secondary dwellings are included as development specified in Section 2.8 of the plan as exempted from contributions under the plan.

1.4 Amend Table 1.1 and Section 1.3.1 of the plan to state that Section 94 contributions apply to all residential subdivisions and a Section 94A levy applies to all other types of development including mixed use development.

1.5 Section 94 contributions for commercial car parking are deleted from all sections of the plan.

1.6 The wording of Section 1.1 is amended to include a statement that development on commercial land which is assessed to be deficient in on-site car parking, or where a development control plan requires the provision of car parking by way of a monetary contribution, will be subject to a planning agreement in accordance with Council’s Planning Agreements Policy.

2. That a report on possible land acquisition in Lamont Lane, Bermagui, in the Bega Valley Section 94 and Section 94A Contributions Plan 2014 be presented to a future Council meeting.

3. That Council adopt the Draft Planning Agreements Policy as publically exhibited with an amendment to deal with the issue of shortfall in commercial car parking.

4. That a report on amendments necessary to the Bega Valley Development Control Plan 2013 to complement the Planning Agreements Policy for car parking be presented to a future Council meeting.

Council 4 February 2015

Item 8.3

8.3. Appendix 3 Matter at Lots 471 & 472 DP 1043030 Mandeni, Sapphire Coast Drive Bournda

The purpose of this report is to seek Council direction in respect to the Mandeni Masterplan proposal to rezone the northern portion of Lot 472 DP 1043030 (known as the Racecourse) to E4 Environmental Living under Bega Valley Local Environmental Plan 2013 with minimum lot size of 1 hectare and permit long term accommodation for the existing Mandeni Cabin development.

Group Manager Planning and Environment

Background

Lots 471 and 472 DP 1043030 were proposed to be zoned part RU2 Rural Landscape with a minimum lot size of 120 hectares and part E4 Environmental Living with a minimum lot size of 2 hectares under Draft Comprehensive Local Environmental Plan 2010 (Draft CLEP) (see Figure 1).

Figure 1. Draft BVLEP 2010 Zoning map

During the exhibition of Draft CLEP, Council received a submission from the owner of the property requesting:

• A rural residential zone with a minimum lot size of 1-2 hectares for the Racecourse Site to allow for future rural residential subdivision

• A minimum lot size of 500 square metres for the Cabins site to allow for future residential subdivision

• The residue be zoned E2 with no further subdivision potential

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

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

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

• “Defer final CLEP zoning decision until Masterplan is completed and considered…”

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

The Mandeni Masterplan was received in November 2013 (see Figure 2), which proposed the following:

· 17 large lot residential community title subdivision known as the Racecourse

· 25 lot community title subdivision known as the Golf Course, and

· 32 lot community title subdivision of the existing Cabins development enabling long term accommodation

The Golf Course subdivision is subject of a separate development application (DA 2008.443) and has since been amended to remove lots 122-126. This application has yet to be determined.

The proposed Racecourse and Cabins development were presented to the Council workshop on 3 September 2014.

Figure 2. Mandeni Masterplan

Issues relating to the Racecourse development included:

· Removal of Native Vegetation

Issues relating to the existing Cabins included:

· Removal of Native Vegetation

· Effluent treatment and disposal

· Reticulated water access

Issues relating to the Golf Course development included:

· Subject of separate development application (2008.443) and Council report

· Assessed as a Community Title Subdivision considered under the provisions of under BVLEP 2002

· Current Property Vegetation Plan

As part of the workshop discussions, a site inspection was arranged for 10 December 2014. Amended plans detailing possible house sites for the proposed Racecourse subdivision were submitted. All proposed house sites were pegged out for the purpose of the inspection.

Figure 3. Plan detailing proposed house sites for the Racecourse development

Councillors, Council Staff and the owner’s land surveyor were in attendance at the site inspection which involved an onsite inspection of the rural residential subdivision (Racecourse) and the existing Cabins development. The area referred to as the Golf Course subdivision was not inspected as this is subject to a separate development application.

Discussion

Council staff consider lots 201-210 and 211 of the proposed Racecourse subdivision lot layout to be appropriate given the site is largely cleared and its relatively flat topography. The current Property Vegetation Plan associated with Development Application 2008.0443 (Golf Course subdivision) will need to be amended to reflect the current offset area required in association with the reduced footprint of this subdivision.

Council staff do not consider proposed lots 211 and 213 to be appropriate due to the need for removal of native vegetation for the purpose of Asset Protection Zones (APZs) around proposed house sites. The Rural Fire Service requires a minimum of 32-40m of APZs around any proposed house sites, which would require the majority of lots 211 and 213 to be cleared. Comments from Council’s Environmental Management Officer highlight the quality and importance of this section of vegetation as it provides some of the only remaining linkages of native vegetation to Bournda National Park for a number of threatened species.

Council staff consider the use of the existing Cabins development for short term or long term accommodation appropriate provided the owner/applicant can demonstrate the capability for the existing cabins development to cater for the increased load in terms of water and sewer provision.

Conclusion

It is recommended that Council advises the owner of the land that Council is prepared to consider endorsement of the proposed Masterplan subject to a detailed Planning Proposal being prepared by the owner that includes the following:

· Amended subdivision plan for the Racecourse

· Bushfire Report

· Servicing Strategy

Attachments

Nil

Recommendation

The owner of Lots 471 and 472 DP 1043030 Sapphire Coast Drive, Mandeni be advised that:

1. Council is prepared to consider an E4 Environmental Living zone, with a 1 ha minimum lot size, for that part of Lot 472 DP 1043030 identified in Figure 2 to this report as ‘proposed Racecourse subdivision’.

2. Council is prepared to consider the existing cabins being used for permanent and/or short term accommodation.

3. A Planning Proposal must be prepared by the owner for the land addressing all relevant planning matters including:

· Amended subdivision plan for the Racecourse

· Bushfire Report

· Servicing Strategy

4. The Planning Proposal, once completed, be submitted for Council’s consideration.

Council 4 February 2015

Item 11.2

11.2. Operational Management Merimbula Airport

Council needs to finally to determine the preferred model for the future operational management of Merimbula Airport from 1 July 2015.

Group Manager Transport and Utilities

Background

During 2013 and 2014 a number of Councillor Workshops, Council reports, public consultation and community debate took place regarding the future operational management of the Merimbula Airport.

The four models proposed for consideration were;

1. Direct Manage (DM): Council employs its own professional and operational staff to operate and develop the airport.

2. Contract Manage (CM): Council engages a qualified and experienced company to operate the airport.

3. Lease Manage (LM): Council leases the airport to a qualified and experienced company to operate the airport.

4. Private Ownership (PO): Council sells the airport and relinquishes ownership to a third party and thereafter has no further responsibilities in regard to airport operations.

A brief summary of the relevant Council reports is as follows;

18 December 2013. Council further considered four basic management models for the operation of Merimbula Airport, namely (1) Direct Management, (2) Contract Management, (3) Lease Management and (4) Private Ownership and resolved to exclude Direct Management and Private Ownership.

12 February 2014. Council considered the management options for Merimbula Airport based on issues already considered, the public consultation meeting of 15 January 2014 and the financial analysis undertaken by consultants Hill PDA. At this meeting Council resolved that a further report be prepared on the previously excluded Direct Management Model. Council officers were also authorised to negotiate the extension of the existing operating lease for 12 months to 30 June 2015.

16 April 2014. Council considered a report detailing the Direct Management Model. Also considered was the negotiations with the current lessee who was unwilling to extend for 12 months under the current terms, in particular hangar/property managements. Council resolved to directly manage property/hangar leases and to further consider Direct Management Model.

Discussion

Council staff have been processing finalising property/hangar leasing however, the future management model for the operations of Merimbula Airport remains unresolved.

It is staff view that the decision as to the future management model for the operation of the airport should be viewed within a risk frame work, based on Council’s preferred outcomes with regard to regulation, finance, environment, community, etc. In this regard Council will recall the matrix provided to Councillors in January 2014 (Copy attached).

Essentially the management models before Council can be viewed as a risk continuum. At one end is the Direct Manage Model where all the management risks are borne by Council, while at the other end, Private Ownership, has the least management risk. The Lease Manage and Contract Manage models are compromises having varying degrees of shared management risk.

Issues

Legal

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

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

Policy

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

Environmental

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

Asset

The airport infrastructure is a significant and capital intensive asset. The ongoing maintenance, renewal and upgrade of the airport are vital for a safe, secure and reliable aviation operation. To this end, there is a need for substantial commitment of resources, particularly capital funding, over a long period of time. The State Government has finally announced the process for lodging applications for its Regional Tourism Infrastructure – Regional Airports program.

This funding is only available for nominated regional airports. Council is well placed for this program with the project meeting the Restart NSW objectives; being an identified airport eligible to apply for these targeted funds; being a high priority project in the NSW State Government’s South East Regional Plan; being identified as a new route in the Canberra Airport masterplan with international flights into Canberra planned to commence in September 2015; the alliance being developed between cruise liners operating into Eden Port and the airport for embarkation and disembarkation at Eden; and being a high priority program in Regional Development Australia Far South Coast Regional Plan.

Social / Cultural

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

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, a number of other key sectors have developed, in particular tourism and remote area employment.

The airport as part of the regional/national transport network provides access to business markets with growing freight opportunities and thereby significant support to the local economy at the same time, airport operations generates a direct economic benefit.

Consultation

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

Financial

The financial implications of any Operational Management Model are significant in the medium term. Financial modelling and analysis was undertaken by a specialist consultant, Hill PDA and has been workshopped separately with Council

Resources (including staff)

The extent, to which Council resources are required, depends on the Management Model ultimately chosen.

Operational Plan

Maintaining and operating the airport is consistent with Council’s Operation Plan as part of its integrated transport network

Conclusion

The impending termination of the existing operational lease at Merimbula Airport on the 30 June 2015 means Council must, as soon as possible, decide its preferred Management Model.

The best Operational Management Model is one that reduces Council’s financial and regulatory risks. In this regard, Lease Management has served Council and the community well over the last 15 years and it is believed to have been a reasonably good model. This could be considered and modified to cover the aspects of airport operations only.

The Contract Manage Model is also seen as a good alternative, as it shifts some regulatory risk but Council will retain all the financial risks.

The least preferred option is Direct Manage as it will require Council to bare all risk including regulatory, financial, employment, etc. Noting that Private Ownership has already been excluded as a model suitable to BVSC.

It is therefore recommended, that Council approve the preparation of documentation seeking Expressions of Interest from experienced, professional organisations, interesting in entering into a legally binding relationship whether via lease, contractor or other instrument for the operational management of Merimbula Airport.

The Expression of Interest to be based on a reworked operational lease template, but inviting those interested to offer alternative terms and conditions as considered necessary. Scope of existing lease is attached.

There is significant lead time required for all management models proposed, Council will need to move promptly to achieve the deadline of 30 June 2015. In fact it is reasonable to assume that given the extensive documentation, regulatory, fiduciary and employment processes planning should also include interim options to cover any required delay.

Attachments

1 . Operation & Management of Merimbula Airport

2 . Operation Management of Merimbula Airport Matrix

Recommendation

1. That Council approve the Lease or Contract Manage Model as its preferred operational management model for the Merimbula Airport.

2. That Council prepare documentation based on modifications to the existing operational lease and publicly advertise for Expressions of Interest from those organisation interested in operating Merimbula Airport.

Council 4 February 2015

Item 12.1

12.1. Major projects quarterly update

Council resolved in December 2014 to receive quarterly reports on a number of major projects for the period 1 January to 30 June 2015. This first quarterly report outlines these key projects.

General Manager

Background

At its meeting on 17 December 2014 Council resolved:

1. That Council adopts the major projects for the period 1 January to 30 June 2015 as listed below:

Major Projects:

· Bega, Bermagui, Eden and Merimbula Town Centre designs

· Bega Civic Centre

· Eden Port development

· Littleton Gardens

· Merimbula Airport

· Merimbula Bypass

· Merimbula effluent management

· Merimbula lands development

· Tura Community Centre and Branch Library development

Key organisation operational projects:

· Response to Fit for the Future, the NSW State Government’s response to the independent review of Local Government including the review of Council’s Resourcing Strategy, including Council’s Asset Management Plans, Long Term Financial Plan and Workforce Strategy

· Council’s Business Growth and Economic Development Strategy implementation

· Council’s community and community engagement review

2. That into the future the development of the annual Operational Plan includes a list of the top projects to be reported on a quarterly basis to the Council and the community.

A monthly staff report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team. Key aspects reported against include:

· Planned outcomes and key outputs

· Progress with Timelines and milestones

· Risks and actions to mitigate risks

· Internal and external communication plans

· Budget items including progress against budget

Councillors receive a confidential copy of these reports on a regular basis.

The following table summarises the information relating to the progress of the items which Council resolved to receive regular updates on.

PROJECT	COMMENT
Town centre design projects – Bega, Bermagui, Eden, Merimbula	Action on Imlay the Eden project is progressing with a focus group meeting held in January and key aspects at works stage. Spiire have presented the remaining final draft plans to Council and these will be reported on 4 February 2015
Bega Civic Centre	Works progress on target; design aspects for the Council chamber will be separately developed with Councillor input; management options will be further reported to Council in the first quarter of this calendar year. Specialist performer and lighting, sound professionals have visited the construction site and provided input.
Eden Port	Planning and final geotechnical studies are underway, and Council has representation through Wayne Sartori, on the design project team constituted by Crown Lands. EOIs for the Community Liaison Group constituted by State Government have closed with the first meeting planned for 4 February. Lucas Scarpin will represent Council on this group.
Littleton Gardens	Application was made to the State Government Crown Lands Public Reserve Management Fund (PRMF) for funding for Stage 2 of the works. Council had previously been advised by Ministerial instrument that funds from the sale of Crown Land in the precinct had been placed into the PRMF and Council should apply to this fund for works in the area. Council’s funds, realised by sale of its land in the precinct, were bound by Ministerial direction for expenditure on Littleton Gardens. Unfortunately the application was unsuccessful. Stage 4/5 of the project will proceed as this is separately funded with Stage 4 linked to the raising of Zingel Place and Stage 5 the works on the southern side of the road in front of the Civic Centre area.
Merimbula Airport	Lease finalisation is progressing with businesses at the airport. Operational management options for the period post 30 June are reported to Council for consideration at the meeting on 4 February, 2015. The State Government has finally announced the process for lodging application for its Regional Tourism Infrastructure – Regional Airports program. This funding is only available for nominated regional airports. Council is well placed for this program with the project meeting the Restart NSW objectives; being an identified airport eligible to apply for these targeted funds; being a high priority project in the NSW State Government’s South East Regional Plan; being identified as a new route in the Canberra Airport masterplan with international flights into Canberra planned to commence in September 2015; the alliance being developed between cruise liners operating into Eden Port and the airport for embarkation and disembarkation at Eden; and being a high priority program in Regional Development Australia Far South Coast Regional Plan. Work has been completed on the airport master plan; an economic appraisal of the project including route analysis and affordability analysis.
Merimbula By Pass	Underground works commenced in 2014 and are nearly completed for the roundabout with final power works in February and March. Construction works will commence after Easter with plans to complete the entire project in 2016. Land acquisition matters were reported to Council in December 2014 with final resolution nearing on these matters. When completed the confidential reports from the December meeting will be declassified.
Merimbula effluent management	Expressions of interest have been called for the Environmental Impact Statement for this project.
Merimbula Lands development	The prospectus for the projects will be finalised and reported to Council in March
Tura community centre and branch library development	The project progressing with an internal project manager appointed. DA issues including accessibility and parking are being addressed and revised drawings expected this month. The project is aiming for midyear opening.
Fit for the Future (FFTF) and Resourcing Strategy Review	Work is progressing on service reviews across all activities of Council; workshops have been held internally and draft FFTF and Resourcing Strategy documents as well as engagement plan being developed. Still on target to workshop with the community over the exhibition period. Leadership forum planning has commenced with dates set as Thursday 30 April and Friday 1 May.
Business Growth and Economic Development Strategy implementation	Consultant has been engaged to review the business growth strategy and develop a draft action plan. This process will involve a range of focus group and community input sessions. The draft is planned to be reported to Council in March. Council’s Business Growth Coordinator has resigned and
Communication and community engagement review	Meeting of the community reference group is being held in February and a report to Council is expected in March 2015 dependent on the review by the reference group.

Attachments

Nil

Recommendation

That Council note the first quarterly report on major projects and that this update is published on Council’s website on the major projects page.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Council	4 February 2015
*Item 11.2 - Attachment 1*	Operation & Management of Merimbula Airport

Council	4 February 2015
*Item 11.2 - Attachment 2*	Operation Management of Merimbula Airport Matrix

CONTEXT	DIRECT MANAGE Council employs operational staff, plant and equipment	CONTRACT MANAGE Council engages Contractor on a fee for service basis	LEASE AGREEMENT Council engage a qualified and experienced company via an operating lease	PRIVATE OWNERSHIP Council sells the airport.
Regulatory	Airport license is BVSC all regulatory and compliance liabilities and risks rest with BVSC	Airport license is BVSC all regulatory and compliance liabilities and risks rest with BVSC	Airport license can rest with lessee then most regulatory and compliance liabilities and risks rests with Lessee	Airport license is with private owner all regulatory and compliance liabilities and risks rest with owner
Policy	Supports CSP +Enterprising -local economy +Accessible-transport network +Liveable-indirect medical/education	Supports CSP +Enterprising -local economy +Accessible-transport network +Liveable-indirect medical/education	Indirectly supports CSP +Enterprising -local economy +Accessible-transport network +Liveable-indirect medical/education	Requires condition of sale to support CSP however motivation and flexibility are lost
Environmental	All regulatory and compliance liabilities and risks rest with BVSC	All regulatory and compliance liabilities and risks rest with BVSC	Most, but not all, regulatory and compliance liabilities and risks rest with Lessee	All regulatory and compliance liabilities and risks with Private Owner
Asset	BVSC manages condition, maintain renewal upgrade	BVSC manages condition, maintain renewal upgrade	Shared responsibility through lease conditions with condition and maintenance with Lessee and renewal and upgrade with BVSC	Private owner controls condition, maintain renewal upgrade.
Social/Cultural	BVSC have control of Social and cultural outcomes.	BVSC have control of Social and cultural outcomes.	BVSC have partial or indirect control of Social and cultural outcomes.	BVSC have little to no control of Social and cultural outcomes.
Economic	BVSC have input into economic outcomes.	BVSC have input into economic outcomes.	BVSC have partial input into economic outcomes.	BVSC have little to no input into economic outcomes.
Financial Operational costs	Fully BVSC approx. $580K	Fully BVSC expected to increase due to profit and priced in risk but will depend if contractor has efficiency gains over BVSC staff/equipment	Fully Lessee approx. $580K	Fully private owner approx. $580K
Operational Income	Fully BVSC approx. $590K	Fully BVSC approx. $590K	Limited income to BVSC subject to lease terms and conditions developed through EOI process	No income to BVSC
Capital costs	Master plan forecast $30M based on medium growth forecast 150k PAX BVSC responsible for funding	Master plan forecast $30M based on medium growth forecast 150k PAX BVSC responsible for funding	Master plan forecast $30M based on medium growth forecast 150k PAX BVSC responsible for funding. While possible to transfer or share capital costs, financial modelling suggests unviable unless long term leasing and no dividends paid.	Master plan forecast $30M based on medium growth forecast 150k PAX Financial modelling indicates unviable. Forcing business commitments in this regard is unlikely to be sustainable
Resources	Requires employment of staff, plant, equipment and direct management resources	Requires direct supervision and/or management resources	Requires management resources	No resources required

Signed
Print Name	Councillor

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

2 Apologies and requests for leave of absence

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

9 Staff Reports – Community, Culture and Leisure (Liveability)

10 Staff Reports –Economic Development and Business Growth (Enterprising)

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

4 February 2015

Staff Reports –Planning And Environment (Sustainability)

4 February 2015

Council

4 February 2015

Staff Reports – Infrastructure Waste And Water(Accessibility)

4 February 2015

11.1. RFQ 68/14 Supply and Delivery of one (1) 16,500Kg GVW Knuckle Boom Crane Truck. Plant number: 341001

Background

Issues

Asset

Financial

Conclusion

Attachments

Recommendation

Council

4 February 2015

Staff Reports – Governance And Strategy (Leading Organisation)

4 February 2015

Confidential Business

Adjournment Into Closed Session

Recommendation