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OrdinaryMeeting Notice and Agenda An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 8 April 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda. 2 April 2015
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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 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.
· 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?
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, Office 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.
· 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.
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.
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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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.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
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 Office 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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* Nature 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.
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Council |
8 April 2015 |
I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.
Recommendation
That the Minutes of the Ordinary Meeting and Closed Sessions held on 18 March 2015 as circulated, be taken as read and confirmed.
Recommendation
That an apology from Councillor Mawhinney be accepted for he inability to attend the meeting.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Ftizpatrick.
8.1 Zoning history of land opposite Merimbula Airport: Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112, Arthur Kaine Drive, Merimbula...................................................................... 9
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
9.1 Acquisitive Prize from Sculpture on the Edge........................................................................... 18
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
11.1 Proposed acquisition of land at Bemboka for the purpose of constructing a water filtration plant 22
11.2 Acquisition of land at Wolumla Showground for Wolumla Sewage Treatment Plant......... 49
11.3 Formalisation of road name: Sherwin Lane, Bermagui............................................................ 62
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Australian Local Government Association: National General Assembly call for motions 66 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
Nil Reports.
That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.
19.1 Response to Question on Notice from Cr McBain - Car Parking Credits in regard to Woolworths Bega - Fabcot Pty Ltd.................................................................................................................................. 70
19.2 Response to a Question on Notice from Councillor Fitzpatrick, Green waste Disposal - option for no cost to residents ........................................................................................................................................ 75
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public........................... 76
22.1 Proposed Acquisition of land for Merimbula bypass road
This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
22.2 Proposed disposal of Council land at Phillipps Street, Eden
This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
22.3 Bega Lands
This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Council |
8 April 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
8.1 Zoning history of land opposite Merimbula Airport: Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112, Arthur Kaine Drive, Merimbula.......................... 9
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Council 8 April 2015 |
Item 8.1 |
8.1. Zoning history of land opposite Merimbula Airport: Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112, Arthur Kaine Drive, Merimbula
Report to Council on finalisation the rezoning of Lot 120 DP 847899, Lot 1 DP 1004805, as resolved by council on 22 October, 2014.
Group Manager Planning and Environment
Background
On 22 October 2014 Council considered a report entitled: ‘Update on Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula’. Part of the report applied to the finalisation of the rezoning of Lot 120 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112. With regard to this land Council resolved:
“That recommendation 1.8 be deferred and be the subject of a further report to Council on the zoning history of the subject land.”
This report has been prepared by Council staff in response to that resolution and outlines the history of the zoning of the properties since the gazettal of Bega Valley Local Environmental Plan 1987 in the context of other relevant associated events. For completeness details of Lot 121 DP 847899 are also included in this report.
Discussion
Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112 are located opposite Merimbula Airport, east of Arthur Kaine Drive (see Figure 1). All of the lots are owned by Council and classified as ‘Operational Land’ with the exception of Lot 1 DP 1004805 which is owned by NSW Crown Lands (see Figure 2).
Figure 1: Subject Land Aerial Photograph
Figure 2: Subject Land Ownership
Table 1 provides an outline of the zoning of Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112 and other related events discussed in this report.
Table 1: Summary of Zoning and other events relevant to Subject Land
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Lot 120 DP 847899 / Originally Part Lot 12 DP 739496 |
Lot 121 DP 847899 / Originally Part Lot 12 DP 739496 |
Lot 1 DP 1004805 / Originally Part Crown Reserve 61630 |
Lot 2 DP 549112 |
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LEP 1987 |
5(a) Special Uses (Airport) |
6(a) Existing Open Space |
5(a) Special Uses (Airport) |
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Dec 1990: LEP 1987 Amendment No. 28 |
Part of Lot 12 DP 739496 (later known as Lot 121 DP 847899) rezoned 2(c) Residential Tourist |
NA |
NA |
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Mar 1995 |
* Lot 12 DP 739496 subdivided to create Lots 120 and 121 |
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Nov 1998: LEP 1987 Amendment No. 85 |
5(a) Special Uses (Community Facilities) with additional uses clause |
NA |
5(a) Special Uses (Community Facilities) with additional uses clause |
7(f1) Coastal Lands Protection |
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Aug 1999 |
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Lot 1 DP 1004805 created from part of Crown Reserve |
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LEP 2002 |
5(a) Special Uses (Community Facilities) |
2(c) Residential Tourist |
5(a) Special Uses (Community Facilities) |
7(f1) Coastal Lands Protection |
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Oct 2005 |
Bangalay Sand Forest Gazetted as Endangered Ecological Community (EEC) |
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Jul 2008 |
Merimbula Structure Report adopted |
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Draft LEP 2010 |
SP2 Infrastructure (Air Transport Facility) |
R3 Medium Density Residential |
SP2 Infrastructure (Air Transport Facility) |
E2 Environmental Conservation |
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Jun 2012: Council resolution (Appendix 2) |
SP1 Special Activities (Car Parking and Community Facilities) |
NA |
NA |
SP1 Special Activities (Car Parking and Community Facilities) |
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LEP 2013 |
Deferred |
R3 Medium Density Residential |
SP2 Infrastructure (Air Transport Facility) |
Deferred |
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Oct 2013 |
Merimbula Airport Master Plan adopted |
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Nov 2013: Council Resolution |
SP1 Special Activities (Community Facilities and Carparking). |
NA |
E2 Environmental Conservation |
E2 Environmental Conservation / SP1 Special Activities (Carparking) |
Bega Valley Local Environmental Plan (BVLEP) 1987
At the time of the gazettal of BVLEP 1987 Lots 120 and 121 DP 847899 had not been created and were known as Lot 12 DP 739496. Lot 12 DP 739496 was zoned 5(a) Special Uses (Airport), as was Lot 2 DP 549112. Lot 1 DP 1004805 had not been created and was part of Crown Reserve 61630 which was zoned 6(a) Existing Open Space.
BVLEP 1987 Amendment No. 28 – Gazetted 14 December 1990
An amendment to BVLEP 1987 (Amendment No.28) was gazetted on 14 December 1990. One of the purposes of the amendment was to enable residential extensions and infill development in the Pambula/Merimbula area. This amendment rezoned that part of Lot 12 DP 739496 which later became 121 DP 847899 from 5(a) Special Uses (Airport) to 2(c) Residential Tourist.
Lot 12 DP 549112 was subdivided in 1995 to create Lots 120 and 121 DP 847899 for the purposes of the sale of Lot 121 for tourist related development.
BVLEP 1987 Amendment No. 85 – Gazetted 20 November 1998
An amendment to BVLEP 1987 (Amendment No.85) was gazetted on 20 November 1998. The purpose of the amendment was to rezone land (Lot 120 DP 847899 and adjacent land now known as Lot 1 DP 1004805) from 5(a) Special Uses (Airport) and 6(a) Existing Open Space to 5(a) Special Uses (Community Facilities) with permissible ancillary commercial uses to facilitate a proposed cultural/community centre development on the land. At the time Council proposed to resume land (now Lot 1 DP 1004805) from Crown Reserve 61630 for community purposes.
The amendment also rezoned Lot 2 DP 549112 from 5(a) Special Uses (Airport) to 7(f1) Coastal Lands Protection. The amendment originally proposed to retain approximately 1ha of cleared land opposite the airport terminal as 5(a) Special Uses (Airport), however the then Department of Urban Affairs and Planning would not support this proposal to protect the “regional and State significance of the Merimbula dune system”.
Lot 1 DP 1004805 was subdivided in 1999 from Crown Reserve 61630 for the purposes of acquisition by Council.
BVLEP 2002
BVLEP 2002 rolled over the existing provisions of BVLEP 1987 at the time and zoned Lot 120 DP 847899 and Lot 1 DP 1004805 as 5(a) Special Uses (Community Facilities), Lot 121 DP 847899 as 2(c) Residential Tourist and Lot 2 DP 549112 as 7(f1) Coastal Lands Protection.
Gazettal of Bangalay Sand Forest Endangered Ecological Community (EEC)
The Bangalay Sand Forest EEC was included in Part 3 of Schedule 1 of the Threatened Species Conservation Act 1995 on 21 October 2005. The extent of the EEC in the area east of Arthur Kaine Drive, opposite Merimbula Airport was verified and mapped by the then NSW Department of Environment and Climate Change in 2005.
Draft BVLEP 2010
In Draft BVLEP 2010 Lot 120 DP 847899 and Lot 1 DP 1004805 were proposed to be zoned SP2 Infrastructure (Air Transport Facility), with Lot 121 DP 847899 as R3 Medium Density Residential and Lot 2 DP 549112 as E2 Environmental Conservation. These proposed zones were based on the recommendations of the Merimbula District Structure Report adopted by Council in July 2008.
The Merimbula District Structure Report recommended that: “the current 5(a) zoning should be rolled over to SP2 (airport) with the special use clause from the 2002 LEP for the airport extended to cover the two affected lots and the 6(a) and coastal protection zonings to E2. These zones can subsequently be refined once the assessment and negotiations [between Lands, Eden Lands Council, DECC National Parks section and Council] are concluded.”
In addition the following special use clause was proposed for inclusion in Schedule 1 Additional Permitted Uses of Draft BVLEP 2010:
12 Use of certain land at Merimbula Airport
(1) This clause applies to Lot 1 DP 549112, Lot 120 DP 847899 and Lot 1 DP 1004805 situated at Merimbula Airport shown on the Bega Valley Local Environmental Plan 2012 Additional Permitted Uses and Local Clause Map.
(2) Despite any other provision of this plan, a person may carry out development for the purpose of commercial, light industrial or community uses on the land to which this clause applies, but only with development consent.
(3) Consent may be granted to a commercial, light industrial or community use of the land to which this clause applies only if:
(a) the use does not interfere with the effective operation of the airport, and
(b) the use does not detract from the commercial viability of the Merimbula Central Business District.
The Office of Environment and Heritage’s (OEH) submission to Draft BVLEP 2010 highlighted this area as one of six within the Shire of greatest concern. While the agency was happy with the R3 Medium Density Residential zone proposed for Lot 121 DP 847899 it advocated the application of either the E1 National Parks and Nature Reserves or E2 Environmental Conservation for the remaining lots and deletion of the proposed special use clause due to the presence of Bangalay Sand Forest EEC and the likely significant impact of habitat reduction and change of land use on numerous threatened species recorded in the area.
Council Report 12 June 2012
Following consideration of OEH’s submission to Draft BVLEP 2010, Council resolved on 12 June 2012 to defer Lot 120 DP 847899 and Lot 2 DP 549112 from BVLEP 2013 and include them in Appendix 2 for rezoning as SP1 Special Activities (Car Parking and Community Facilities). This resolution was based on the Merimbula Airport and Precinct Strategy, the adoption of which was rescinded by Council in September 2012 two months after it was formally adopted. The Airport Strategy was then “re-adopted” in October 2013.
In addition, the special use clause applying to land at Merimbula Airport permitting development for the purposes of commercial premises, community facilities and light industry was deleted from Lot 120 DP 847899 and Lot 1 DP1004805.
BVLEP 2013
BVLEP was gazetted on 2 August 2013 which zoned Lot 121 DP 847899 as R3 Medium Density Residential and Lot 1 DP 1004805 as SP2 Infrastructure (Air Transport Facility). Lot 120 DP 847899 and Lot 2 DP 549112 were deferred from BVLEP 2013 and the provisions of BVLEP 2002 currently apply to these lots.
Council Report 6 November 2013
On 6 November 2013 Council considered a report on proposed amendments to BVLEP 2013 which included Lot 1 DP 1004805, Lot 120 DP 847899 and Lot 2 DP 549112.
The report followed the adoption of the Merimbula Airport Master Plan 2033 on 16 October 2013 as the guiding document for public and private investment in the airport precinct. The Merimbula Airport Master Plan notes that Lot 121 DP 847899 requires building height limitations and nominates part of Lot 2 DP 549112 (cleared land opposite the existing airport terminal) for a proposed visitor information centre and carparking. The Masterplan does not propose any future development on Lot 120 DP 847899 or Lot 2 DP 549112.
The report of 6 November 2013 advocated a zoning scheme for the three lots that was in keeping with the Merimbula Airport Master Plan and conserved the existing environmental characteristics while making allowance for future public requirements on the less environmentally sensitive land.
At that meeting Council resolved to zone Lot 120 DP 847899 as SP1 Special Activities ‘Community Facilities and Carparking’ and Lot 1 DP 1004805 and Lot 2 DP 549112 as E2 Environmental Conservation with the exception of a small part of Lot 2 opposite the current airport terminal which was proposed to be zoned SP1 Special Activities Carparking’.
Planning Proposal for Lot 1 DP 1004805, Lot 120 DP 847899 and Lot 2 DP 549112
Council staff prepared a planning proposal in accordance with the Council resolution of 6 November 2013 (Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs & Arthur Kaine Drive). The results of the public and agency consultation of this planning proposal were reported to Council on 22 October 2014. OEH made a submission to the Planning Proposal opposing the proposed zoning of Lot 120 DP 847899 as SP1 Special Activities ‘Community Facilities and Carparking’.
In the report of 22 October 2014, Council staff recommended no change to the zones exhibited in the planning proposal, but noted that 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 regarding Lot 120 DP 847899 from OEH, therefore the Minister for Planning and Environment is required to finalise the plan.
At the meeting of 22 October 2014 Council resolved to defer a decision on the zoning of Lot 1 DP 1004805, Lot 120 DP 847899 and Lot 2 DP 549112 pending a further report to Council on the zoning history of the subject land (this report).
Conclusion
Since the gazettal of BVLEP 1987 the zoning of Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112 has reflected Council’s infrastructure/community priorities and the land’s known environmental constraints over that period.
The zoning scheme resolved by Council on 6 November 2013 as exhibited in the Planning Proposal (see Figure 3) represents a balanced approach to the future use of the subject land by acknowledging and preserving its environmental characteristics while preserving the potential for appropriate public infrastructure/community facility development to those parts that are less environmentally constrained. It is acknowledged that any future development on the subject land will require assessment of potential environmental impacts including flora, fauna and Aboriginal Cultural Heritage.
Lot 1 DP 1004805 and Lot 2 DP 549112 are constrained by Bangalay Sand Forest EEC, threatened fauna species and the high likelihood of Aboriginal cultural heritage significance. OEH has agreed to the proposed zoning of E2 Environmental Conservation for the majority of this land with a small section of SP1 Special Activities (Carparking) on the cleared land opposite the airport terminal on Lot 2 DP 549112.
A large portion of the vegetation on Lot 120 DP 847899 has been modified due to airport obstacle maintenance activities, therefore planning staff are of the opinion zoning the land SP1 Special Activities ‘Community Facilities and Carparking’ is appropriate to permit consideration of future public requirements.
Lot 121 DP 847899 has been zoned for residential or tourist development since 1990 and the current zoning of R3 Medium Density Residential is supported by OEH and is not proposed to be amended.
It is recommended that Council requests the Minister for Planning and Environment to finalise the rezoning of Lot 120 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112 as discussed in the report to Council on 22 October 2014 and illustrated in Figure 3.
Figure 3: Proposed E2 and SP1 Zones – Arthur Kaine Drive, Merimbula
Attachments
Nil
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1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as per Figure 3 in this report by zoning Lot 120 DP 847899 as SP1 Special Activities ‘Community Facilities and Carparking’, Lot 1 DP 1004805 as E2 Environmental Conservation, and Lot 2 DP 549112 as part E2 Environmental Conservation and part SP1 Special Activities ‘Carparking’. 2. That Council requests the Minister for Planning and Environment to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979. 3. That those persons who have made submissions be advised of the above. |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
9.1 Acquisitive Prize from Sculpture on the Edge..................................................... 18
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Council 8 April 2015 |
Item 9.1 |
Council's second acquisitive prize from Sculpture on the Edge has been selected. A location for the sculpture needs to be confirmed.
Group Manager Community, Relations and Leisure
Sculpture on the Edge (SOTE) is held annually in Bermagui and is recognised as one of the more significant sculpture programs in the region. SOTE includes an exhibition, over 10 days, of large sculptural pieces as well as an indoor exhibition of smaller sculptures in the Bermagui Community Centre and a public symposium.
At its meeting of 18 December 2013 Council resolved to fund an Acquisitive prize of $10,000 for each of the 2014, 2015 and 2016 Sculpture on the Edge programs. The 2014 Sculpture, Southern Exuberance is in place at Bermagui and a site needs to be chosen for this year’s acquisition.
In line with Council’s Public Art procedure a selection panel was established consisting of Iain Dawson (Bega Valley Regional Gallery Curator), Simon Schweitzer (Manager Community and Culture BVSC), Paul Hill (Sculptor and Lecturer at the ANU Sculpture School), and Cr Ann Mawhinney.
The sculpture chosen was Ross Cameron’s piece “Tide Spiral” at a value of $10,000 and the prize was announced by Cr Mawhinney at the opening of SOTE on February 28. Ross Cameron is a local and respected artist with strong links to the Shire having lived in Tanja for many years.
A decision on the placement of the sculpture is now required. There are many factors that should be considered in choosing the placement of public art including safety of the sculpture and the community, engineering requirements to ensure the sculpture is sited appropriately and importantly the visual aspect of where the piece is located. It is important that the spatial relationship of the sculpture to the site is appropriate and the sculpture reflects the site’s environmental, historical and social characteristics.
Bermagui was the recipient of the Acquisitive prize last year, it would be appropriate that another location in the Shire is chosen. “Tide Spiral’ has a strong connection to the ocean and coastal life, the artist’s input was sought on potential locations.
Council are now the legal owners of the sculpture. The intellectual property for the piece remains with the artist.
The acquisition of sculpture or public art sits under Council’s Art and Culture policy.
Council will be responsible for the siting and installation of the sculpture, Council staff will work with the artist to ensure the sculpture is sited according to engineering specifications and as far as possible complements the sculpture itself. The sculpture is now listed with Council’s insurers.
It is recognised that through promoting creativity and supporting local exhibitions, Council can foster and build a sense of community, promote mental health and wellbeing, and embrace the opportunities for economic and cultural development.
Council’s Community Strategic Plan Key Direction on access to learning and creativity states: We are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life. Support for Sculpture on the Edge directly addresses the specific outcomes (L2.6 and L2.7) of this key direction; encouraging the community to actively participate in events, festivals, creative community activities and supporting and developing cultural industries in the Shire.
Purchase of the Sculpture is funded from Council’s Community Partnership Fund as per the resolution of 18 December 2013. Costs associated with the installation will be covered by existing budgets in the Community and Culture section. Final costings will be determined once the site is confirmed.
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Funding source |
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Amount |
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Community Partnership Fund |
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10 000 |
There will be minimal staff resources required to site the sculpture; there is capacity within the Community and Culture section to coordinate the installation of the sculpture.
Public Art throughout the Shire can create a point of difference, enhance the feel and attractiveness of places, encourage more use of public spaces and contribute to a sense of pride and wellbeing in the community.
The introduction of Bega Valley Shire Council’s Acquisitive prize has helped to support Sculpture on the Edge and build Council’s public art collection.
Nil
RecommendationThat Council places Tide Spiral at Short Point Merimbula on the northern side of the carpark and authorises officers to make the necessary arrangements for installation. |
Council |
8 April 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
11.1 Proposed acquisition of land at Bemboka for the purpose of constructing a water filtration plant............................................................................................................................. 22
11.2 Acquisition of land at Wolumla Showground for Wolumla Sewage Treatment Plant 49
11.3 Formalisation of road name: Sherwin Lane, Bermagui...................................... 62
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Council 8 April 2015 |
Item 11.1 |
11.1. Proposed acquisition of land at Bemboka for the purpose of constructing a water filtration plant
This report provides detail about land acquisition needs for the future Bemboka water treatment work and seeks Councils support to proceed.
Group Manager Transport and Utilities
Background
Provision of treated water for Bemboka Township has been identified as a priority due to risks associated with water borne pathogens. A recent risk assessment carried out with NSW Health and other stakeholders has confirmed that this project is a priority.
Procurement, design and water quality analysis activities have started with capital works scheduled for commencement in 2015/16 and extending over two years.
Council owns an adjacent small parcel of land that accommodates existing pump station and chlorination facilities associated with current water supply services. However additional land is required to allow construction of the water filtration plant.
Recent discussions with the owner of Lot 12 DP 1093627 revealed a coincident desire to sell the land.
Issues
Legal
Council has several options available for acquisition of property. In this instance it is suggested that standard conveyancing procedures should apply rather than compulsory acquisition under the Just Terms Compensation Act. The owner has expressed interest in selling the land to Council by private treaty and accordingly, Council’s solicitor will be engaged to facilitate the purchase.
As part of the sale process the owner has requested an option for purchase at market value of a 25 meter wide parcel of land at the western end of Lot 12 DP 1093627. There are no operational reasons why this request cannot be accommodated in a sale contract with suitable caveats in recognition that the CLEP does not currently support minor boundary adjustments of this nature. The landowner has been advised of the CLEP limitations currently in place.
Formal advice from Council planning staff has indicated that a Water Filtration Plant can be constructed on Lot 12 DP 1093627.
Policy
The purchase of the land will be undertaken with due consideration of Council policy.
Environmental
Construction of the water filtration plant will be preceded by appropriate environmental impact assessment to identify site constraints and necessary mitigation measures required.
Asset
It is recommended that upon acquisition, the land be classified as Operational land under Section 31 of the Local Government Act.
The water filtration plant is listed in the Long Term Financial Plan for delivery in the 2016/17 financial year. The creation of filtration plant will overcome existing water quality problems in Bemboka.
The current land owner has requested that the new facilities be constructed as close as practically possible to the existing pump station facilities with due consideration of noise and visual impacts. The land owner has also requested that the land be progressively planted with suitable trees over time. There are no operational reasons why these requests cannot be accommodated.
Social / Cultural
The purchase of the land and procurement of the water filtration plant will have positive social outcomes for the Township with a significant improvement in water quality.
Economic
Nil economic implications
Strategic
The water filtration plant is listed for construction in the Water and Sewerage Services Strategic Business Plan and associated Long Term Financial Plan.
Consultation
Significant consultation with the current land owner has already taken place. The proposed water filtration plant will proceed only after appropriate community consultation is undertaken as part of the Environmental Impact Assessment process.
Financial
Opteon Property Group prepared a market valuation report for the property on 14 February 2015. The report provided a valuation of $90,000. There is no dwelling entitlement and the land value is therefore impaired.
The valuer also considered that the adjoining Lot 11 DP 1093627 (which is in the same ownership) would not be adversely affected in terms of claiming any compensation under Section 55 of the Land Acquisition (Just Terms Compensation) Act through additional noise/visual impact from the Council’s proposed development.
It is suggested that $90,000 is a fair price for the 10 hectare parcel, which will adequately suit Council’s needs.
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Funding source |
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Amount |
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Water Fund (New Works Reserve) |
$ |
90,000 |
Resources (including staff)
Procurement of the water filtration plant will require substantial staff and consultant resources over the next two years. The acquisition of the land by private agreement minimises land availability risk for the project and eliminates the need for future compulsory acquisition and the delays that this may entail.
Operational Plan
Purchase of the land will enable commencement of the water filtration plant project. Once commissioned the plant will help meet Operational Plan and Business Pan Level of Service objectives.
Conclusion
Provision of treated water for Bemboka Township has been identified as a priority due to the risks associated with water borne pathogens. Purchase of the land will enable procurement of a water filtration plant and significant improvement in drinking water quality for the Township of Bemboka.
Attachments
1. Valuation Report for Lot 12 Princes Highway, Bemboka
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1. That Council authorise the acquisition by private agreement of Lot 12 DP 1093627 at Bemboka for the valuation amount of $90,000 (excluding GST) for the purpose of providing a new water filtration plant for the township of Bemboka; 2. That upon acquisition, Council classify the acquired property as Operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993; 3. That as part of the sale process an option for purchase, at market value of a 25 meter wide parcel of land at the western end of Lot 12 DP 1093627 be extended to the owner of Lot 11 DP 1093627 and that the sale contract reflect that this option be subject to possible amendment of the CLEP to allow the proposed boundary adjustment. 4. That the legal and other costs associated with any future boundary adjustment of Lot 12 DP 1093627 be borne by the owner of Lot 11 DP 1093627. 5. That the Mayor and General Manager be authorised to execute the necessary documents. |
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Item 11.2 |
11.2. Acquisition of land at Wolumla Showground for Wolumla Sewage Treatment Plant
The acquisition of land at Wolumla Showground is required to conclude matters associated with construction of Wolumla Sewage Treatment Plant.
Group Manager Transport and Utilities
Background
This matter was originally reported to Council on 22 March 2005 when it was resolved to compulsorily acquire the relevant land for the purpose of a Sewage Treatment Plant. The application for compulsory acquisition now requires an updated resolution of Council.
This report relates to Lot 1 DP 1200639 (being part of Lot 7003 DP 1073327) and proposed easements E1, E2 and E3 created within Lot 2 DP 1200639 on the attached Plan of Subdivision registered on 21 January 2015. The Lot and easements are required by Council for the purpose of a sewerage treatment plant and associated infrastructure.
The Department of Lands provided its consent to the request by Council for approval of the proposed acquisition on 28 June 2005 and at the same time provided consent for the Council to enter and construct the sewerage treatment infrastructure prior to the completion of the acquisition.
Council must now proceed to complete the process of acquisition by making an application to the Minister of Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
Issues
Legal
The application for compulsory acquisition is to be made to the Office of Local Government. The original resolution was obtained on 22 March 2005 and therefore an updated Council resolution is required to be submitted with the application.
Asset
The acquisition is required to formalise ownership of land on which Council assets and infrastructure are situated.
Conclusion
Council needs to formalise ownership of the land on which the sewerage treatment plant is situated together with easements for underground electricity, a right of carriageway and an easement for utilities. Crown Lands and the former Wolumla Showground Trust have previously consented to the proposed acquisition by Council of Lot 1 in DP 1200639 and related easements.
Attachments
1. Registered Plan of Acquisition - Deposited Plan 1200639
2. Report to Council Finance and Infrastructure Committee 22/03/2005- BVSP land acquisition
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1. That Lot 1 DP 1200639 (being part of former Lot 7003 DP 1073327) and the following proposed easements: · (E1) Proposed easement for underground electricity 3 wide within Lot 2 DP 1200630, · (E2) Proposed right of carriageway 10 wide and variable width within Lot 2 DP 1200630, · (E3) Proposed easement for utilities 3 wide within Lot 2 DP 1200630 including those minerals not excluded pursuant to section 171 of the Crown Land Acts, be compulsorily acquired for the purpose of sewerage treatment plant pursuant to section 186 Local Government Act 1993. 2. That Council give notice of its intention to classify the land as Operational land under Section 34 of the Local Government Act 1993 upon acquisition. 3. That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the land. |
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Council |
8 April 2015 |
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Item 11.2 - Attachment 1 |
Registered Plan of Acquisition - Deposited Plan 1200639 |
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8 April 2015 |
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Item 11.2 - Attachment 2 |
Report to Council Finance and Infrastructure Committee 22/03/2005- BVSP land acquisition |
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Item 11.3 |
11.3. Formalisation of road name: Sherwin Lane, Bermagui
Following development of the Woolworth’s supermarket in Bermagui and upgrade of the access laneway it is proposed that Council formally name the unnamed laneway that adjoins the development.
Group Manager Transport and Utilities
Background
The unnamed lane is located between Bunga Street and Montague Street in Bermagui, adjoining the new Woolworths development. This lane is Council owned and maintained. The name proposed is Sherwin Lane which complies with Councils Road naming policy. The name was selected from the next available name in Bega Valley Shire Council Procedure 2.2.1(b) Schedule 1 - names of war service men and women who have died in or as a result of active service for the Bermagui area.
The names listed comply with BVSC Policy Procedure 2.2.1(b) – Road Naming criteria under section (i), (iii) and (vi) as follows:
“(i) Names of war service men and women who have died in or as a result of active service and those names nominated and their respective localities are attached to Schedule 1.
(iii) Either full names or surnames may be used for roads as appropriate names that acknowledge eminent persons within the locality or historical property in the area or of an historical background. Such names may include long term property owners, early explorers, settlers or persons who have excelled in some community oriented or other activity.
(vi) Names that are part of a common theme for road names in a locality.”
The Geographical Names Board (GNB), Surveyor General (SG) and Registrar General (RG) have reviewed the name under the GNB Guidelines for the Name of Roads and there is no objection to its use.
Issues
Consultation
The proposed road name of Sherwin Lane will be advertised in local newspapers, calling for objections and allowing a period of twenty eight days for submissions to be received. If no objections are received the Geographical Names Board will be advertised to arrange gazettal.
Financial
Advertising costs have been provided for in the current budget.
Resources (including staff)
Council property staff will be required to complete the notification process.
Conclusion
Formalisation of the road name is in accordance with Council’s road naming procedure and it is recommended that the public notification process commence.
Attachments
1. Location map for proposed Sherwin Lane, Bermagui
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1. That Council approve the proposal to name the unnamed laneway between Bunga Street and Montague Street in Bermagui, Sherwin Lane. 2. That authority be given for advertising to be published in the local media inviting submissions to the proposed naming and that surrounding property owners also be notified seeking their comment to the proposal. 3. That if no objections are received within the submission period, staff proceed with the road naming proposal without subsequent referral to Council. |
Council |
8 April 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Australian Local Government Association: National General Assembly call for motions 66
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Council 8 April 2015 |
Item 12.1 |
12.1. Australian Local Government Association: National General Assembly call for motions
ALGA has called for motions from Councils to be considered at the National Assembly to be held in Canberra from 14-17 June 2015.
General Manager
Background
The Australian Local Government Association is the peak national body representing local councils across Australia. The National General Assembly of Local Government will be held in Canberra from 14-17 June 2015. The theme of the Assembly is “Closest to the Community: Local Government in the Federation” and the focus will be on developing key pillars of local government’s response to Federal Government’s White Papers on reform of Federation and Taxation.
The program for the Assembly will cover a wide range of issues, reflecting the diversity of local government and its interests across Australia.
At its meeting on 1 October 2014 Council resolved to register three Councilors for the event. Two Councilors have already indicated that they will take up a place, the Mayor Cr Britten and Deputy Mayor Cr Seckold. There is a vacancy should any other Councilor wish to nominate to attend.
This Assembly is being held at an important period for government in Australia, and for the community. The Commonwealth Government has invited all interested parties to consider potential reform of Federation and taxation.
Local government is an essential part of the Australian system of government. Local governments are democratically elected and provide “good governance” of local communities throughout Australia providing crucial local planning, services, programs and infrastructure.
The focus of the agenda for the Assembly and debate on motions and associated discussion will allow local government to influence the sectors input into this national policy agenda.
The White Paper on Federation will focus on specific areas and, in particular, consider ways to:
· reduce and end, as far as possible, the waste, duplication and second guessing between different levels of government;
· achieve a more efficient and effective federation, and in so doing, improve national productivity;
· make interacting with government simpler for citizens;
· ensure our federal system:
§ is better understood and valued by Australians (and the case for reform supported);
§ has clearer allocation of roles and responsibilities;
§ enhances governments’ autonomy, flexibility and political accountability; and
§ supports Australia’s economic growth and international competitiveness.
ALGA has called for motions to be considered at the General Assembly to be forwarded by 17 April 2015. Motions submitted will be reviewed by the National General Assembly Committee and State and Territory Local Government Associations to determine eligibility for inclusion in the NGA Business Paper. To be eligible for inclusion in the NGA Business Papers, and then debate on the floor of the NGA, motions must follow these listed principles:
1. Be relevant to the work of local government nationally
2. Be consistent with the themes of the Assembly
3. Complement or build on the policy objectives of your state and territory local government association
4. Propose a clear action and outcome; and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.
Motions should generally be in a form that seek the NGA's support for a particular action or policy change, at the Federal level which will assist local governments to meet local community needs. For example: That this National General Assembly call on the Federal Government to restore indexation to local government financial assistance grants.
Councillors have been provided with copies of the ALGA Background Paper available on the ALGA website and a copy of the Issues Paper 1 – A Federation for Our Future and links to the other four issues papers.
ALGA has also included some starting points for Councils to consider in their background paper.
Possible resolutions for inclusion are listed below:
'That the assembly submit to both State and federal governments that any review of federalism should include a review of structure as well as financial sustainability and create a relationship between levels of government that enables and empowers Local Government throughout Australia to effectively and efficiently deliver services that are delegated to it as an instrument of Government '
Issues
Legal
The current national discussion on Federation and Taxation has the potential to significantly alter the future framework under which local government is recognised and funded. It is important that Council participate in this discussion.
Conclusion
The 2015 National General Assembly of Local Government provides local government across Australia the opportunity to contribute to the important national debate on Federation and taxation. It is appropriate that Council participate in this discussion and provide feedback to the community on the outcomes of the Assembly.
Attachments
Nil
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1. That the following resolution/s for the ALGA National Assembly be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly: (resolutions to be inserted) 2. That Cr (name to be inserted) be registered for the National Assembly to be held in Canberra 14-17 June in line with Council’s resolution of 1 October 2014. |
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Council |
8 April 2015 |
Questions On Notice
08 April 2015
19.1 Response to Question on Notice from Cr McBain - Car Parking Credits in regard to Woolworths Bega - Fabcot Pty Ltd........................................................................................... 70
19.2 Response to a Question on Notice from Councillor Fitzpatrick, Green waste Disposal - option for no cost to residents ........................................................................................... 75
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Council 8 April 2015 |
Item 19.1 |
19.1. Response to Question on Notice from Cr McBain - Car Parking Credits in regard to Woolworths Bega - Fabcot Pty Ltd
Response to Cr Kristy McBain’s question on notice at the Council Meeting held on 25 February 2015.
Group Manager Planning and Environment
Background
On 25 February 2015 Cr McBain asked a question regarding what car parking credits applied for Fabcot Pty Ltd in regard to the Woolworths Bega project (i.e. the Sapphire Marketplace, Auckland Street, Bega).
Car parking assessment for DA 2009.190 – Sapphire Marketplace development
On 15 December 2009 Council received a report from Independent Assessor, Mr Paul May from Planning Initiatives, in relation to DA 2009.190 for the construction of the Sapphire Marketplace development in Auckland Street Bega.
The report provided a comprehensive analysis of car parking requirements for the development and an extract of that report is provided here;
Development Control Plan No. 7 – Carparking Code
The development proposes to provide 583 car and 16 motor bike spaces (being 409 car and 16 motor bike spaces in the basement and 174 on the rooftop level).
The total development site would comprise floor space of 16,708m2 (includes all new retail and office space and existing office space) which equates to a requirement of 643 spaces (at 1 space per 25m2 GLFA and 1 space per 40m² at first floor as per DCP 7).
The current Woolworth’s supermarket and Bega Centre offices are currently serviced by the provision of 37 parking spaces onsite. The RSL is currently afforded 64 spaces (being 44 sealed and 20 unsealed car spaces). These spaces will be replaced in the new development, bringing the total required spaces to 744.
Carparking credits identified under Clause 6 of Development Control Plan (DCP) 7
The following floor areas were identified as providing car parking credits for the existing site;
Existing Woolworth’s building & offices - (2,138.24m² ground floor & 1,140m2 first floor) 125 spaces
Yoga centre (previously carpet store) - (359.7m²) 15 spaces
RSL building - (1,890.5m²) 76 spaces
Houses - (3 dwellings) 6 spaces
Total - 222 spaces
Calculations were formulated at 1 space per 25m2 GLFA at ground floor and 1 space per 40m2 GLFA at first floor and above.
With the proposed total development site requiring 744 spaces, 222 spaces are subtracted to make the site require 522 spaces.
Loss of on-street & public car parking spaces
The development would see the removal of;
43 spaces in Zingel Place (i.e. BVSC land to be purchased by the developer).
6 spaces would be removed behind the Town Hall supper rooms (i.e. Crown land to be purchased by the developer).
16 spaces would be removed from the section of land adjacent to the existing Woolworths supermarket (i.e. Crown land to be purchased by the developer).
Thus a total of 65 spaces are lost on Crown and Bega Valley Shire Council owned land to be purchased by the developer. As the property is specifically sold by government authorities to allow the amalgamation of land for development it is considered unreasonable to require the developer to replace the 65 lost parking spaces.
The proposed development does result in the loss of further carparking spaces as follows:
10 spaces would be removed from reconfiguration of the Littleton Gardens western carpark,
4 spaces would be removed from the northern side of Upper Street as a result of a 10 metre No Stopping zone.
11 spaces would be removed from the southern side of Upper Street as a result of a No Stopping zone.
7 spaces would be removed from the western side of Auckland Street as a result of a ‘No Stopping Zone’.
11 spaces would be removed from the eastern side of Auckland Street between Gowings Lane and Hill Street as a result of a No Stopping zone.
8 spaces would be removed from Zingel Place to provide for the community bus drop down facility.
2 spaces would be gained from the eastern side of Auckland Street as a result of a ‘No Stopping Zone’, 2 bay taxi rank and 2 bay ‘drop off zone’.
This totals 114 public car spaces lost as a result of the development (i.e. 65 spaces on lands sold to the developer, and 49 spaces lost due to development impacts eg. ‘no stopping zones’).
Therefore if Council agrees that it is not reasonable to require reinstatement of the spaces lost through the sale of public lands then:
Total parking demand is: (522 + 49) = 571
Number of spaces proposed to be provided: 587 (equates the 16 motor bike spaces to equivalent of 4 car spaces in area).
Thus there are an additional 16 spaces provided above Code.
If Council disagrees with the position that it is unreasonable to not include the spaces lost due to the sale of government owned land and that therefore the 65 spaces from the public land spaces should be replaced as part of this DA then:
Total parking demand is: (522 + 114) = 636
Number of spaces proposed to be provided: 587
Thus there is a shortfall of 49 spaces. Based on the 09/10 Council Fees and Charges, the contribution for one car space in the core area of Bega is $26 440. Therefore a contribution in lieu of providing on-site carparking of $1,295,560 would be applicable.
The assessment is that it would be unreasonable to require carparking contributions in this instance.
Consideration of the development application was deferred and reconsidered at the Council meeting of 2 February 2010, at which time the Independent Assessor’s report provided the following additional clarification in relation to the car parking assessment for the development;
The methodology for calculating carparking was included in the report to Council on 15 December 2009. Basically the loss of spaces were calculated by measuring distances/areas and applying adopted Council carparking standards. In summary it was calculated that 114 public car spaces would be lost as a result of the development (i.e. 65 spaces on lands sold to the developer, and 49 spaces lost due to development impacts eg. ‘no stopping zones’).
Therefore if Council considers that it is not reasonable to require reinstatement of the spaces lost through the sale of public lands then:
Total parking demand is: (522 + 49) = 571 per Code
Number of spaces proposed to be provided: 587 (equates the 16 motor bike spaces to equivalent of 4 car spaces in area).
Thus there are an additional 16 spaces provided above Code by the applicant.
If Council disagrees with the position that it is unreasonable to not include the spaces lost due to the sale of government owned land and that therefore the 65 spaces from the public land spaces should be replaced as part of this DA then:
Total parking demand is: (522 + 49 + 65) = 636
Number of spaces proposed to be provided: 587
Thus there is a shortfall of 49 spaces. Based on the 09/10 Council Fees and Charges, the contribution for one car space in the core area of Bega is $26 440. Therefore a contribution in lieu of providing on-site carparking of $1,295,560 would be applicable.
The assessment is that it would be unreasonable to require contributions in this instance (as the public land was re-classified and sold for commercial use) and therefore the applicants have provided 16 spaces more than required by Councils carparking code. The implication here is that if the 49 spaces were to be replaced then Council would need to take that responsibility.
In respect of the loss of on-street parking (15 spaces in total) in Upper Street it is considered that this would be acceptable as the development's proposed parking will provide a convenient alternative parking facility for those motorists who would normally park in Upper Street.
The loss of carparking spaces in Auckland Street has been re-examined in view of the concerns expressed by businesses. The loss of on-street carparking in Auckland Street would result from proposed engineering conditions creating no stopping zones to facilitate turning movements for both trucks and cars into parking and loading dock areas within the proposed development. This is labelled “Option A” on a plan that will be tabled at the Council meeting.
The draft conditions proposed and attached to the report to 15 December 2009 meeting result in a no stopping zone on the eastern side of Auckland Street for a distance to the south of 85m. This results in a total loss of six parking spaces on this side of Auckland Street.
A no stopping zone on the western side of Auckland Street stretching from Hill Street to 67m north would result in a loss of seven parking spaces.
Two drop off spaces and two taxi spaces would be provided on the eastern side of Auckland Street. 16 car spaces would still be available on the eastern side of Auckland Street south of the Hill Street intersection. At present 22 spaces are available.
Five spaces would be available on the western side of Auckland Street between Carp and Hill Streets. A further 14 spaces would be located on the western side of Auckland Street between Hill and Upper Streets. At present 26 spaces are available on this side of Auckland Street.
Thus a total of 35 on-street parking spaces and two drop off and two taxi spaces would be available on both sides of Auckland Street in the proximity of the proposed development, compared to 48 spaces currently.
Three street trees are proposed to be provided on the eastern side of Auckland Street between Hill and Upper Streets (in an identical fashion in respect of spacing to the existing street tree planting in Carp Street). If the three street trees were moved to the footpath or deleted altogether it would be possible to gain an extra on-street parking space on the eastern side of Auckland Street. It is considered important to retain the three proposed trees on the street as they provide aesthetic and environmental functions. If they were relocated to the footpath that would narrow the footpath width available to pedestrians and perhaps reduce awning widths which would not be desirable on the western elevation of the proposed development.
A plan labelled “Option B” has also been prepared and will be tabled at the Council meeting. It illustrates an altered design that offsets the centreline in Auckland Street opposite the entry/exit to the proposed carpark in order to retain further parking on the western side of Auckland Street. This results in an overall increase of four carparks with seven extra on the western side of Auckland Street and three less on the eastern side.
Even though “Option A” results in four less on-street car parks, it is Council engineers’ preferred design so the draft conditions presented to the 15 December 2009 have not been altered in this regard. Council’s engineers prefer “Option A” on the basis of traffic flows, as “Option B” does not allow for a slip lane for traffic heading south along Auckland Street, so that left hand turns into the carpark could create queuing back towards the Carp Street intersection.
If Council wanted to pursue “Option B” and/or consider relocation or replacement of the three street trees on the eastern side of Auckland Street between Hill and Upper Streets, then the recommended draft conditions would need to be altered.
It is considered that it would be unreasonable to re-exhibit plans relating to loss of carparking as the application has been exhibited twice for public comment and Council has workshopped the proposed development and heard deputations. The issues raised in the deputations have been summarised and reported on to Council.
The matter was resolved as follows;
31/10 RESOLVED on the motion of Crs Campbell and Hede
That Item 6 of the Planning & Environment Committee as reported be adopted.
IN FAVOUR: Crs Allen, Britten, Campbell, Fitzpatrick, Hede, Pincini and Seckold
AGAINST: Cr Hughes
ABSENT: Cr Wykes
In conclusion to Councillor McBain’s question on notice, a total of 222 car parking credits were applied for the Woolworths Bega project.
Attachments
Nil
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Council 8 April 2015 |
Item 19.2 |
19.2. Response to a Question on Notice from Councillor Fitzpatrick, Green waste Disposal - option for no cost to residents
Response to a Question taken on notice from Councillor Fitzpatrick at the Council Meeting 18 March 2015, whether a report could be provided to Councillors on impact and cost of allowing residents and ratepayers to take green waste to the Merimbula Transfer Station at no cost.
Group Manager Transport and Utilities
Impact of free green waste disposal
The ACT model, which is often cited by Council’s waste facility customers, is acceptance at no charge, value adding, and sale of products in well established, large scale commercial markets. In contrast to the ACT operation, Council does not have well developed markets for organic composts and mulches.
The purpose of the proposed improvement to Council’s garden waste process is to satisfy EPA requirements, lifting the standard of the product such that users of the material have a degree of confidence. Without assurance of quality, Council has little opportunity to successfully market the material, and cannot lawfully do so due to changes in legislation.
Removing the gate fee, and reducing the fee payable for garden waste services would reduce Council’s annual waste revenue by around $200,000 and require Council to meet its entire garden waste processing costs from elsewhere. A further problem is that garden waste generation may increase if disposal is free, further increasing the risk to Council of accumulating excessive amounts of material for which it may not have ready markets for, particularly if the sale price is set high to recover full process costs.
Council has generally followed a user pays approach to waste disposal. Removing the gate fee would be a significant departure from that approach. Without established and understood demand (as exists for scrap metal) it would be a popular decision for some residents/ratepayers, but a difficult approach to justify in terms of financial risk at this stage.
Attachments
Nil
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Council |
8 April 2015 |
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
RecommendationThat Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 22.1 Proposed Acquisition of land for Merimbula bypass road Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 22.2 Proposed disposal of Council land at Phillipps Street, Eden Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 22.3 Bega Lands Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
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