1.

Confirmation of Minutes

140/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 22 July 2015 as circulated, be taken as read and confirmed.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

2.

Apologies

141/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

That an apology from Cr McBain be accepted for her inability to attend the meeting.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

Suspension of Standing Orders

RESOLVED on the motion of Crs Taylor and Seckold.

That Standing Orders be suspended to allow the following persons to address Council:

The order of addresses will be:

8.1. DA No. 2014.346:   Establishment of Weekly Markets for up to 40 stallholders - Littleton Gardens, Bega 

·         Mr John Champagne on behalf of Sapphire Coast Producers Association (SCPA)

9.1 Tathra Headland Walk Proposal:

·         Christine Hamilton on behalf of Tathra Wharf and Headland Access Group

10.2. Land Use Options for 142-144 Imlay St Eden (Hotel Australasia)

·         Mr Peter Whiter.

·         Ms Toni Ward, on behalf of Simply Irresistible Boutique (owner)

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

7.

Adjournment into Standing Committees

142/15

RESOLVED on the motion of Crs Taylor and Mawhinney

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.1

Establishment of Weekly Markets for up to 40 stallholders - Littleton Gardens, Bega

The Chairperson asked if any new matters had been raised during the address to Council.

The Group Manager Planning and Environment advised that in his opinion the matter could be deferred for further report, in keeping with Council’s Code of Meeting Practice.

143/15

RESOLVED on the motion of Crs Britten and Allen

1.      That in keeping with Council’s Code of Meeting Practice the matter be deferred for further report to Council, with the report to include information on the number and type of stalls, the location and number of days for markets to be held, so as to be able to consider options for approval of the Development Application.

2.      That the further report to Council include draft conditions of consent, including conditions as to parking.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.2

Proposed Amendments to Local Environmental Plan 2013: boundary adjustments and subdivision of land with split zones.

144/15

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council staff prepare a planning proposal to amend Bega Valley Local Environmental Plan 2013 to include the draft clauses detailed in the body of this report to enable Council to consider development applications for boundary adjustments and subdivision of land with split zonings.

2.    That the planning proposal be forwarded to the Department of Planning and Environment’s Gateway Panel for determination.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.3

Draft Clean Air Procedure

145/15

RESOLVED on the motion of Crs Allen and Taylor

That Council adopt the Clean Air Procedure and schedule a review of this procedure no later than November 2017.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.4

Draft Environmental and Public Health Policy

146/15

RESOLVED on the motion of Crs Britten and Taylor

1.    That Council place the draft Environmental and Public Health Policy on public exhibition for a period of 42 days.

2.    That following the exhibition period, the policy be adopted or, if feedback is received, a further report be presented to Council for consideration.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.5

Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach

A motion was moved by Crs Britten and Fitzpatrick

1.          The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given, by Council, to the granting of consent to the development application including suitable draft conditions of consent.

2.          That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house.

3.          That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.

A motion was foreshadowed by Cr Hughes

1.         That the request to vary the BVLEP 2013 Clause 4.3 building height development standard under BVLEP 2013 Clause 4.6 is not supported as the application fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of this case and varying the standard would not be in the public interest.

2.         That Development Application 2014.439 for the demolition of an existing dwelling and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach be refused for the following reasons:

a.       The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of BVLEP 2013 and is inconsistent with the objectives of the Clause in that the development would not retain the existing character and landscape of the locality and would not result in a low-set building form. Further the development fails to protect the residential amenity of adjoining residences.

b.       The proposed development would have an unacceptable and unreasonable impact on the amenity of adjoining residences in terms of height, bulk and scale and outlook.

c.        The proposed development is characterised as a dual occupancy (attached) due to the configuration of the building and the fact that the building is capable of being occupied as two separate domiciles. As such the application cannot be approved given the proposed development described in the application is for a single detached dwelling.

d.       The proposal would not be in the public interest.

3.         That those parties who made a submission be advised of Council’s decision.

4.         That Council’s solicitor acting in relation to NSW Land and Environment Court proceedings 15/10493 be advised of Council’s determination in relation to this matter.

The motion was put to the vote and it was CARRIED on the casting vote of the Chairperson Cr Fitzpatrick

In favour:             Crs Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Taylor, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

147/15

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.          The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given, by Council, to the granting of consent to the development application including suitable draft conditions of consent.

2.          That further consideration of this matter be subject to of the deletion the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 

3.          That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.

In favour:             Crs Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Taylor, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

The matter was carried on the casting vote of the Chairperson Cr Fitzpatrick

8.6

Minor Amendments to Local Environmental Plan 2013

148/15

RESOLVED on the motion of Crs Taylor and Seckold

1.    That Council staff prepare a Planning Proposal to amend Bega Valley Local Environmental Plan 2013 and associated maps in accordance with the recommendations contained in the body of this report.

2.    That the Planning Proposal be forwarded to the Department of Planning and Environment’s Gateway Panel for determination.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.7

Draft Policy for Heritage Works of a Minor Nature

149/15

RESOLVED on the motion of Crs Seckold and Hughes

1.      That Council place the draft policy for Heritage Works of a Minor Nature on public exhibition for a period of 42 days.

2.    That following the exhibition period, the policy be adopted or, if feedback is received, a further report be presented to Council for consideration.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.8

Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat

A motion was moved by Crs Hughes and Britten

That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery.

A motion was foreshadowed by Cr Allen and Taylor

1.      That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site.

2.      That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court.

A motion was foreshadowed by Cr Britten

That Council issue a Penalty Notice in the amount of $1,500.

The motion was put to the vote and it was LOST

In favour:             Crs Britten, Hughes and Tapscott

Against:                  Crs Taylor, Seckold, Mawhinney, Allen and Fitzpatrick

Absent:                    Cr McBain

The first foreshadowed motion became the motion and was put to the vote and it was CARRIED on the casting vote of Cr Fitzpatrick.

In favour:             Crs Taylor, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Britten, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

150/15

RESOLVED on the motion of Crs Allen and Taylor

1.      That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site.

2.      That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court.

In favour:             Crs Taylor, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Britten, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

The motion was carried on the casting vote of Cr Fitzpatrick.

9.1

Tathra Headland Walk Proposal

The Chairperson asked was anything raised in the address to Council that required deferment of the item.  The Group Manager Community Relations and Leisure advised that no new matters had been raised.

RESOLVED on the motion Crs Seckold and Allen

That the item be dealt with today.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

151/15

RESOLVED on the motion of Crs Seckold and Allen

1.         That Council note the report.

2.         That Council refer the Tathra Headland walking track and carpark proposal to the discussion about ‘headline projects’ to determine its priority against all significant proposed projects as part of the review of the Council’s community strategic plan over the next twelve months.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

9.2

Management of Narira Facility

152/15

RESOLVED on the motion of Crs Taylor and Mawhinney

1.       That Council note the report.

2.       That Council acknowledge the work of Sapphire Coast Tenancy Scheme in managing the Narira Facility over the past four years.

3.       That Council authorise the General Manager to execute a further agreement with Sapphire Coast Tenancy Scheme for up to five years.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

9.3

Management of Bega Civic Centre

153/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.      That the report be noted and that Council accept the recommendations as outlined in the confidential attachment.

2.      That Council provide in-principle support for the external management of the Bega Civic Centre.

3.      That Council authorise the General Manager to enter into negotiations for development of a management agreement for the Bega Civic Centre with Venue Management Services in accordance with Option 2 of their submission.

4.      That Council adopt a budget amount of $250,000 per annum  to cover management, operations and maintenance of the Bega Civic Centre.

5.      That Council publicly release media information regarding the details of Option 2.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

9.4

Appointment to Access Advisory Committee

A motion was moved by Crs Allen and Britten

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

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

154/15

RESOLVED on the motion of Crs Allen and Britten

That Council endorse John Reynolds as the tenth member of the Access Advisory Committee from August 2015 until June 2016 and the Mayor, on behalf of Council, write to thank all applicants for their interest in becoming a member of the Access Advisory Committee.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

10.1

Classification of land recently acquired by Council

155/15

RESOLVED on the motion of Crs Allen and Taylor

1.         That Council note that a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land acquired at Wolumla and Bemboka, with no submissions received.

2.         That Council resolve to classify Lot 1 DP 1200639 at Wolumla and Lot 12 DP 1093627 at Bemboka as operational land under Section 31 of the Local Government Act 1993.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

10.2

Land Use Options for 142-144 Imlay St Eden (Hotel Australasia)

The Chairperson asked had anything been raised in the address to Council that required deferment of the item.  The Group Manager Strategy and Business Services advised that no new matters had been raised.

RESOLVED on the motion of Crs Mawhinney and Seckold

That the matter be dealt with today.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

156/15

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council pursue the possibility of the acquisition of 142-144 Imlay St Eden (known locally as the Hotel Australasia site), seeking to restore and preserve the heritage value of this site.

2.    That Council authorises the General Manager to negotiate an option, at a nominal option fee, for the possible purchase of the site, for a sum not exceeding the value as contained in the valuation report, for a period of no less than 6 months, so as to allow Council time to conduct investigations into the costs of restoration and the ongoing use of the site and for further report back to Council before finalising any action under the option.

3.    That during the option period Council carry out due diligence in investigating the cost of restoration of the heritage section of the said building including engagement of an architect and quantity surveyor where necessary so as to clearly establish an overall costing for heritage renovation and further use of the building.

4.    That during the option period Council consult with the community, as necessary and at appropriate times, seeking input as to the future of the site and agreed commitment from the community to take responsibility under an appropriate framework to be responsible for the restoration of the heritage part of the building, at no cost to Council, and with Council to take responsibility for the future use of the residue of the land and building.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

10.3

Economic Development Symposium

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 10.3 Economic Development Symposium, on the basis that he is a director of Bendigo Bank Pambula.   Cr Fitzpatrick remained in the meeting room, but took no part in debate or voting on this item.

157/15

RESOLVED on the motion of Crs Allen and Mawhinney

That Council note the Economic Development Symposium for information.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Allen

Against:                  Nil

DECLARED AND
Abstained:              Cr Councillor Fitzpatrick

Absent:                    Cr McBain

11.1

Tender recommendation for Tilba Dam Remediation Project

RESOLVED on the motion of Crs Britten and Tapscott

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

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

158/15

RESOLVED on the motion of Crs Hughes and Tapscott

1.         That Council accept the tender submission from Silver Raven Pty Ltd  in relation to the tender for RFT 50/15 Tilba Dam - Outlet Grouting and Spillway Remediation in the amount of $294,614.79 (including GST), subject to variations, provisional sums and prime cost items.

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

3.         That other tenderers be advised of Council’s decision.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

11.2

Drinking Water Quality Management System

159/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council place the Policy 4.09 – Drinking Water Quality to formalise our commitment to and priorities for providing safe, high quality drinking water to our customers on exhibition for a period of 28 days.

That if there are no objections received during the exhibition period the Policy 4.09 – Drinking Water Quality be adopted.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

11.3

Proposed naming of unnamed road in Eden

160/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.      That Council uphold the objection and give authority to recommence the notification process to advertise the unnamed road on the Western side of the Princes Highway, opposite the intersection to Government Road in Eden, to be named as Palestine Road.

2.      That if no further objections are received during the exhibition period the Geographical Names Board be requested to formally gazette the name Palestine Road.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

11.4

Bega and Brogo Rivers Floodplain Risk Management Study and Plan - Tender RFT 39/15

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item 11.4 Bega and Brogo Rivers Floodplain Risk Management Study and Plan - Tender RFT 39/15, on the basis of his ownership of a small number of shares in one of the tendering companies could create a potential perception of his interest .   Cr Hughes remained in the meeting room, but took no part in debate or voting on this item.

RESOLVED on the motion Crs Allen and Seckold

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

In favour:             Crs Taylor, Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

declared and
Abstained:                          Cr Hughes

Absent:                    Cr McBain

161/15

RESOLVED on the motion of Crs Allen and Seckold

1.            That Council accept the tender from Cardno (NSW/ACT) Pty Ltd in relation to contract for the works described in Tender RFT 39/15, in the amount of $106,983.00 (excluding GST), subject to variations, provisional sums and prime cost items.

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

3.         That other tenderers be advised of Council’s decision.

In favour:             Crs Taylor, Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

declared and
Abstained:              Cr Hughes

Absent:                    Cr McBain

11.5

Tender RFT 26/15 construction tender for Bega Civic Centre Council Chamber fitout

RESOLVED on the motion of Crs Britten and Mawhinney

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

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

162/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.         That Council declines to accept any tenders in relation to contract for works as described in RFT26/15 as no tender received complied with the requirements of the tender documents nor offered acceptable value for this project.

2.         That Council not invite fresh tenders having already done so and that inviting of fresh tenders would unacceptably extend the time for commencement of the works.

3.         That Council enter into negotiations with Grant Dowdle Building Pty Ltd  for the fit out of the new Bega Civic Centre Chamber as this will provide Council with the most direct and cost effective project delivery.

4.         That authority be delegated to the General Manager to execute all necessary documentation following successful negotiation for RFT 26/15 Bega Civic Centre Council Chambers.

5.         That Councillors be notified of the outcome of the negotiations when finalised.

6.         That tenderers be advised of Council’s decision.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

11.6

Tender RFT 24/15 Civil & Landscape Works for Bega Civic Centre, Zingel Place, Littleton gardens & adjacent

RESOLVED on the motion of Crs Britten and Cr Seckold

That Council accepts recommendations as outlined in the Confidential Attachment.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold and Mawhinney

Against:                  Crs Allen and Fitzpatrick

Absent:                    Cr McBain

163/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.          That Council accept the tender from R D Miller Pty Ltd in relation to contract for the works described in Tender RFT 24/15 Civil and Landscape Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent, in the amount of $1,700,000 (incl. GST), subject to variations and provisional sums.

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

3.          That the other tender be advised of Council’s decision.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

12.1

LGNSW Annual Conference 2015 Business Session Submission Draft Motion

164/15

RESOLVED on the motion of Crs Britten and Seckold

That Council resolve to approve and submit the following motion to be presented at the 2015 LGNSW Conference, following consultation with Kiama Shire Council

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

13.1

Certificate of Investments made under Section 625 of the Local Government Act, 1993

165/15

RESOLVED on the motion of Crs Tapscott and Allen

1.         That Council receive and note the attached report indicating Council’s Investment position.

2.         That Council note the Certificate of the Responsible Accounting Officer.

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

14.

Adoption of reports from Standing Committees

166/15

RESOLVED on the motion of Crs Taylor and Mawhinney

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting, apart from the following items:

·         8.5 Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach

and

·         8.8. Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat

In favour:             Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

8.5

Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach

A motion was moved Crs Fitzpatrick and Britten

1.      The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given by Council to the granting of consent to the development application including suitable draft conditions of consent.

2.      That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 

3.      That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.

A motion was foreshadowed by Cr Hughes

1.         That the request to vary the BVLEP 2013 Clause 4.3 building height development standard under BVLEP 2013 Clause 4.6 is not supported as the application fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of this case and varying the standard would not be in the public interest.

2.         That Development Application 2014.439 for the demolition of an existing dwelling and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach be refused for the following reasons:

a.       The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of BVLEP 2013 and is inconsistent with the objectives of the Clause in that the development would not retain the existing character and landscape of the locality and would not result in a low-set building form. Further the development fails to protect the residential amenity of adjoining residences.

b.       The proposed development would have an unacceptable and unreasonable impact on the amenity of adjoining residences in terms of height, bulk and scale and outlook.

c.        The proposed development is characterised as a dual occupancy (attached) due to the configuration of the building and the fact that the building is capable of being occupied as two separate domiciles. As such the application cannot be approved given the proposed development described in the application is for a single detached dwelling.

d.       The proposal would not be in the public interest.

3.         That those parties who made a submission be advised of Council’s decision.

4.         That Council’s solicitor acting in relation to NSW Land and Environment Court proceedings 15/10493 be advised of Council’s determination in relation to this matter.

The motion was put to the vote and it was CARRIED

In favour:             Crs Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Taylor, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

The matter was carried on the casting vote of the Chairperson Cr Britten

167/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

RESOLVED on the motion of

1.      The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given by Council to the granting of consent to the development application including suitable draft conditions of consent.

2.      That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house.

3.      That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.

In favour:             Crs Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Taylor, Hughes, Tapscott and Seckold

Absent:                    Cr McBain

The matter was carried on the casting vote of the Chairperson Cr Britten

8.8

Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat

A motion was moved by Crs Allen and Taylor

1.    That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site.

2.    That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court.

A motion was foreshadowed by Cr Hughes

That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery.

The motion was put to the vote and it was CARRIED

In favour:             Crs Taylor, Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Hughes, Tapscott and Seckold

Absent:                    Cr McBain

168/15

RESOLVED on the motion of Crs Allen and Taylor

1.    That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site.

2.    That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court.

A motion was foreshadowed by Cr Hughes

That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery.

The motion was put to the vote and it was CARRIED

In favour:             Crs Taylor, Britten, Mawhinney, Allen and Fitzpatrick

Against:                  Crs Hughes, Tapscott and Seckold

Absent:                     Cr McBain

S.1

ICTC and Main Street Conference Wollongong 2015

The Mayor, Cr Britten and Cr Tapscott spoke to the report presented in the Supplementary Agenda.

The report from Crs Britten and Tapscott, published in the Supplementary Agenda for the Council Meeting of 12 August, 2015 was noted.

19.1

Lucas Brothers Memorial

The response to the question on notice published in the Council Agenda for the meeting held 12 August 2015, was noted.

19.2

Potential uses - Tura Beach Library Lower Level

The response to the question on notice published in the Council Agenda for the meeting held 12 August 2015, was noted.

19.3

Response to Question on Notice Cr Fitzpatrick - Code of Conduct Matter Cr Tony Allen

The response to the question on notice published in the Supplementary Council Agenda for the meeting held 12 August 2015, was noted.

20.1

Water Supply - uses in the Bega Valley – Cr Hughes

Cr Keith Hughes asked could information be provided to Councillors regarding the percentage of water supplied to residents that is used for drinking as compared to other uses and the percentage of ratepayers in the Shire that are connected to Council’s Water Supply system

The Question was taken on notice by the Group Manager, Infrastructure Waste and Water.

20.2

State Owned Corporations and Local Government Rates - Cr Hughes

Cr Keith Hughes asked a question regarding payment of rates by State Owned Corporations.

He advised that when the Forestry Corporation of NSW became a statutory state owned corporation (SOC) through the Forestry Act 2012 (NSW) (Forestry Act), it came under the State Owned Corporations Act 1989 (NSW) (SOC Act).

In its previous status as a corporation sole, Forestry Corporation of NSW was arguably protected by the shield of government. As a SOC it is not,[1] and may no longer be able to claim exemption from paying such things as taxes and rates.[2]

Cr Hughes asked:

1.      Has BVSC sought legal advice on the possible implications of this change of status of the Forestry Commission in relation to rates?

2.      What other SOCs own property within the BVSC area?  What property do they own?

3.      Which of these pay rates?

The Question was taken on notice by the Group Manager, Strategy and Business Services

20.3

Promotion of local cemeteries as tourist experiences - Cr Tapscott

Cr Sharon Tapscott asked could Councillors be provided with information regarding a strategy and process to promote cemeteries as a tourist experience.

The Question was taken on notice by the Group Manager Community Relations and Leisure.

20.4

Information regarding assessment times for Development Applications - Cr Fitzpatrick

Cr Russell Fitzpatrick asked could Councillors be provided with information regarding any Development Application that is not determined after more than 100 days since lodgement.

The Question was taken on notice by the Group Manager Planning and Environment.

Adjournment Into Closed Session

169/15

RESOLVED on the motion of Crs Allen and Mawhinney

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

In favour:             Crs Taylor, Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Cr Hughes

Absent:                    Cr McBain

S.1

Merimbula Land Developments

170/15

RESOLVED on the motion of Crs Allen and Mawhinney

That Council enter into a public process via tender to dispose of Lot 946 DP 604076 and Lot 949 DP 810986 Main Street, Merimbula.

In favour:       Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Allen

Against:            Nil

Absent:               Crs McBain and Fitzpatrick