Agenda of Council - 27 April 2016

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act and Department of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, 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.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the 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___

dd mm yy

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

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

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Council

27 April 2016

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 6 April 2016 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

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

8 Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.

8.1 Amendment to tree and vegetation removal requirements under Bega Valley Development Control Plan 2013.................................................................................................................................................... 9

8.2 Proposed Vehicle Repair Station, Princes Highway, Cobargo................................................. 16

8.3 Modification to supermarket delivery hours, Bermagui Woolworths, Montague Street, Bermagui 37

8.4 Weekly market for up to 40 stallholders - Littleton Gardens, Bega....................................... 43

8.5 Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach 50

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

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.

Nil Reports

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

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.

10.1 Purchase of 77-79 Auckland Street Bega................................................................................... 70

10.2 Purchase of 142-144 Imlay Street Eden..................................................................................... 71

10.3 Community Support for the Heritage Restoration of the "Hotel Australasia" Eden............ 72

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.

11.1 Bega Valley Local Traffic Committee - 6 April 2016.................................................................. 76

11.2 Re-naming of part Toallo Street, Pambula.................................................................................. 79

12 Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney

12.1 Town Crier..................................................................................................................................... 122

12.2 Major projects quarterly update............................................................................................... 126

12.3 Actions from resolutions of Council - Status Report............................................................ 129 .

13 Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes

13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 149.

14 Adoption of Reports from Standing Committees

Recommendation

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.

15 Delegates Reports

15.1 Regional and Public Galleries Conference 2016.................................................................... 154

16 Rescission/alteration Motions

17 Notices of Motion

17.1 Refugee Welcome Zone............................................................................................................. 164

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public......................... 165

22.1 Options for Council's Disability Services under the National Disability Insurance Scheme

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council 27 April 2016

Item 8.1

8.1. Amendment to tree and vegetation removal requirements under Bega Valley Development Control Plan 2013

This report details the proposed amendment of the Bega Valley Development Control Plan 2013 (DCP) to clarify the approval requirements for tree and vegetation removal.

Director Planning and Environment

Background

Clause 5.9 of the Bega Valley Comprehensive Local Environmental Plan 2013 (BVLEP) details the requirements for the removal and clearing of trees and native vegetation. The objective of this clause is to preserve the amenity of the Bega Valley, including biodiversity values, through the preservation of trees and other vegetation prescribed under clause 5.6 of the Bega Valley Development Control Plan 2013 (BVDCP).

The intent of Clause 5.9 is to require Council approval in the form of a Tree Removal Permit within nominated zones for the removal of trees, depending on the location, size and species of the tree(s). Clause 5.9 requires development approval for more broad scale clearing of vegetation, with exemptions being available for matters subject to other legislation.

The effectiveness of Clause 5.9 of the BVLEP is linked to the operational details listed in Clause 5.6 of the BVDCP. Council staff have become aware of an anomaly within BVDCP Clause 5.6 which obstructs the full and appropriate use of BVLEP Clause 5.9. The anomaly relates to the unintended exclusion of Large Lot Residential (R5), Business Development (B5), Environmental (E2, E3 & E4), Infrastructure (SP2) and Tourist (SP3) zones from the application section of the clause. Effectively no approval is currently required from Council for the removal of vegetation in these zones.

The purpose of this report is to correct this anomaly to ensure that the removal of trees and clearing of vegetation is adequately assessed and protected in the Bega Valley, particularly as the unintended exclusions include some of the more sensitive coastal catchments, including areas of riparian vegetation and Endangered Ecological Communities (EEC) that are vulnerable to incremental clearing.

Native Vegetation Act 2003

The Native Vegetation Act 2003 has two main avenues for the approval of vegetation removal in Rural and Environmental Zones:

1. Property Vegetation Plans (PVP), and

2. clearing for routine agricultural management activities (RAMAs).

Clearing approved under a PVP does not require further approval from Council.

RAMA’s permit clearing of remnant native vegetation and regrowth within areas of high or sensitive environmental values. Clause 5.9(9) of the BVLEP intends to exclude the use of the exemptions available for RAMAs under the Native Vegetation Act 2003, by requiring consent from Council in the Large Lot Residential (R5) and Environmental Zones (E2, E3 & E4).

As previously outlined in this report, these zones were inadvertently excluded from BVDCP Clause 5.6 which means that the intention of BVLEP Clause 5.9(9) is not triggered.

Tree Removal Permits

This unintended exclusion also has implications for the requirement for a tree removal permit (up to 5 trees) in Large Lot Residential (R5), Business Development (B5), Environmental (E2, E3 & E4), Infrastructure (SP2) and Tourist (SP3) zones.

The issue has arisen recently where trees and vegetation have been removed without Council consent. For example, vegetation clearing was undertaken along the foreshore at Wallaga Lake by a property owner. An investigation was undertaken and advice obtained to determine the legal obligations of the owner and approval requirements under the BVLEP.

This clearing involved the removal of sensitive coastal vegetation, including an Endangered Ecological Community within the E2 Environmental Conservation zone. The owner justified this clearing on the basis of bushfire mitigation but benefitted with direct access and views to Wallaga Lake.

The legal advice concluded that the clearing of any tree or vegetation could be carried out without development consent thus denying the opportunity for enforcement action under the Environmental Planning & Assessment Act 1979. This investigation has highlighted the need to amend the BVDCP to ensure an appropriate approval process is in place to guide the removal of trees and clearing of vegetation.

The clearing of land was previously defined in Bega Valley Local Environmental Plan 2002 as the destruction of a tree, shrub or plant, with some exemptions being available for certain types of vegetation. Approval was required for the clearing of vegetation within the 1(c) Rural Small Holdings zone and Environmental Protections zones.

Recommended Amendments to Clause 5.6 of BVDCP – Tree and Vegetation Preservation

The following amendments are recommended;

· The application of the policy is expanded to include the E2, E3, E4, B5, R5, SP2 and SP3 zones.

· Restructuring of BVDCP clause 5.6 to clearly differentiate between the requirements for vegetation clearing (more than 5 trees) and a Tree Removal Permit (up to 5 trees).

· Clarify exemptions to the clause.

· Editing of the tree removal considerations to remove any duplication.

· Clarify the lodgement requirements.

Conclusion

The preservation of trees and vegetation is a principle aim and objective of the Bega Valley Local Environment Plan 2013. In particular, the Environmental zones reflect the natural characteristics and sensitivity of the subject land.

Approval for the removal of trees or vegetation clearing was required for appropriate zones under our previous Bega Valley LEP 2002 and should apply under Bega Valley Development Control Plan 2013 for the E2, E3, E4, B5, R5, SP2 and SP3 zones.

It is recommended that BVDCP Clause 5.6 Tree and Vegetation Preservation be amended as discussed in this report, as drafted in Attachment 1.

Attachments

1 . Proposed Amendments to BVDCP 2013 Clause 5.6 Tree and Vegetation Preservation

Recommendation

That the amendments to Clause 5.6 Bega Valley Development Control Plan 2013 as shown in Attachment 1, correcting unintended omissions and clarifying the approval requirements for tree removal and clearing of vegetation, be placed on public exhibition for a period of 28 days in accordance with Clause 18 of the Environmental Planning & Assessment Regulation 2000.

Council 27 April 2016

Item 8.2

8.2. DA No. 2015.283: Proposed Vehicle Repair Station, Princes Highway, Cobargo

Director Planning and Environment

Applicant	T Bowen and FJ Ferguson c/- PlanCert Consultants
Owner	T Bowen and FJ Ferguson
Site	31-33 Princes Highway, Cobargo - Lots 2 and 3 Section 13 DP 2591
Zone	RU 5 Village Zone
Site area	2,725m²
Proposed development	Vehicle Repair Station

Precis

Council is in receipt of a development application for a vehicle repair station. The proposal involves the erection of a large shed containing a mezzanine, amenities and workshop area. External to the shed is proposed vehicle parking area and a wash down facility.

The proposed vehicle repair station has been assessed in accordance with the relevant legislation. Concern has been raised about the relationship of the large shed and its operation within a predominately residential precinct and the resulting impact on the streetscape character of the Cobargo Heritage Conservation Area.

The proposal is recommended for refusal.

Description of the proposal

The proposal is for the erection of a 288m², 6.4 metre high shed containing office and amenities to be operated as a Vehicle Repair Station. External to the shed is a proposed vehicle wash bay, along with 10 car parking spaces. Landscaping is proposed along all boundaries except the north-eastern boundary. A 1.8m high colour bond fence is proposed for all boundaries with the exception of the front boundary, being the Princes Highway frontage. Along this boundary it is proposed to erect a 1.1m high post and rail fence.

A copy of the development plans is provided as Attachment 1 to this report.

Description of the site

The site covers two allotments with a total area of 2,725m² on the corner of Princes Highway and Hoyer Street, Cobargo being Lots 2 & 3 DP 2591. The proposed workshop development would be located on Lot 2 with only a small section of Lot 3 proposed to provide access from Hoyer Street to Lot 2, with a right-of-access proposed to be created. Lot 2 is 1,351m² in area and is vacant land. This lot formerly provided the garden and yard area to the Heritage listed dwelling located on Lot 3.

Lot 2 is bounded to the north-east by a heritage listed dwelling, while further to the north-east across Hoyer Street is the heritage listed Anglican Church building. To the south-east is a residential dwelling and detached garage. Along the south-west boundary is a vacant lot which is in the same ownership as the lot further south which contains a heritage listed dwelling. To the north-west across the Princes Highway is farm land which also contains a heritage listed dwelling.

A locality plan is provided as Attachment 2 to this report.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer’s Section 79C assessment will be available at the meeting.

Zoning

The subject land is zoned RU 5 Village under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). Vehicle repair stations are permissible with consent in the zone. The objectives of the RU5 zone are;

• To provide for a range of land uses, services and facilities that are associated with a rural village.

• To ensure that development maintains and protects the village character.

Whilst vehicle repair stations are listed as a permissible use in the zone, it is considered the adverse visual and amenity impacts generated by the proposed development in this particular location would not maintain and protect the village character of Cobargo.

For the reasons that are detailed in the body of this report, the proposed development is considered to be inconsistent with the objective to “maintain and protect the village character” of Cobargo.

Issues

The assessment of the application has identified several key issues which are discussed in detail below.

Heritage considerations and impacts

Clause 5.10 of BVLEP 2013 applies to the proposal as the subject site is located within the Cobargo Heritage Conservation Area (see Attachment 2). The site also adjoins various heritage listed properties, as outlined earlier in this report.

Clause 5.10 requires Council to consider the effect of the proposed development on the heritage significance of the items and area concerned. Council’s Development Control Plan 2013 also contains provisions for developments within heritage conservation areas and within proximity to listed heritage buildings.

In considering the effects, Council’s Heritage Advisor at the time provided an initial assessment of the proposal. As a result of that assessment, the applicant was requested to make some changes to the design of the development and amended plans were received (see Attachment 1). Council’s Heritage Advisor provided a further assessment of the proposal, based on the amended plans received. A copy of the Heritage Advisor’s initial advice and revised assessment based on the amended plans is provided as Attachment 3 to this report.

In considering the advice of the Heritage Advisor, staff conclude that the design of the proposal is inconsistent with the heritage provisions of the Bega Valley Local Environmental Plan (BVLEP) 2013 and Bega Valley Development Control Plan (BVDCP) 2013, as the development would have unacceptable, adverse impacts on the adjoining heritage items and heritage conservation area. In addition, it is concluded that the proposed vehicle repair station would be incompatible with the surrounding (predominately residential) land uses.

In this regard, the development would not meet the objectives of Section 2.6 of BVDCP 2013, which is to preserve the existing amenity of the area. Further, it does not meet the objectives of section 2.6.1.2 in regard to fencing, as the proposed side fencing is not sympathetic to the streetscape character and would be highly visible from the Princes Highway.

The DCP does not permit bonded sheet metal fencing as it is considered to be an inappropriate fencing material in a heritage conservation area. The proposed setback would also not contribute to the public domain as it would not strengthen the visual character nor provide for suitable continuity to the street façade, as required by the setback objectives in section 2.6.2.1 of BVDCP 2013. The proposed car parking area within the proposed setback area would also create an adverse visual impact.

The proposed development is also not consistent with the specific requirements for industrial development as detailed in Section 2.8 of BVDCP 2013. The proposal would not contribute to the streetscape or visual aesthetics of the area, nor do all profiles of the building minimise their visual impact.

Desired future character of Cobargo

Section 3.1.6.2 of BVDCP 2013 sets out the desired future character statement for Cobargo as:

“The unique heritage qualities of Cobargo will be conserved and embellished so that the precincts and individual buildings retain their significant characteristics while allowing for sensitive adaptation of existing structures and infill development on vacant land. The integrity of Cobargo’s main street is very high and warrants careful management. There is capacity for infill development, however this will have to be done in a sympathetic manner if new development is not to degrade or compromise the existing heritage character”.

The proposed development is within what is referred to as the ‘Main Street’ precinct, which was designated as such in recognition of its heritage value and to assist in its long term management. The proposed development and its operation would, in the opinion of staff, degrade the existing heritage character.

The core area of Cobargo is identified as a Heritage Conservation Area. The objective of this area is to retain the distinctive character of individual rural villages as specified in Section 5.2.5 of BVDCP 2013 “Additional requirements for rural village Heritage Conservation Areas”.

These provisions require buildings to be generally single storey and new buildings are not to exceed that of the average of adjacent heritage buildings. This proposed development is 6.4 metres in height which would be in contravention of this objective, creating a building of adverse bulk and scale compared to those in its proximity.

Section 5.2.3 of BVDCP 2013 “Requirements for development in the vicinity of heritage items” requires any visible side elevations to be articulated (broken up) if they are greater than 15m in length. The proposed side elevations are 24 metres in length, with no articulation on the south-eastern boundary and limited articulation on the north-eastern boundary. In the opinion of staff this inappropriately adds to the visual bulk and scale of the development.

Further, the objective in Section 5.2.4 “Requirements for development of non-heritage listed places in Heritage Conservation Areas” is to ensure such developments do not adversely impact on the overall heritage characteristics of the Heritage Conservation Area. The intent of this provision is to require development to be sympathetic with surrounding heritage buildings in terms of its height, scale and bulk. Also, fences must reflect the style of fencing that was typical of the historic period. The proposed colour bond side fences would not be consistent with this requirement.

It is accepted that the revised plans did provide some new architectural elements which went some way to reducing the appearance of bulk, however these are not considered sufficient to overcome the concerns raised by Council’s Heritage Advisor (as agreed by staff), and as such the development is recommended for refusal as an inappropriately designed and located in-fill development within a Heritage Conservation Area.

Impact on adjoining land uses

The potential noise generated from the proposed vehicle repair station, including external vehicle washing down area, and traffic movements to and from the site are likely to have adverse impacts on the amenity of the immediately adjoining properties. This precinct is characterised as predominantly residential with single dwellings adjoining the site.

The resulting visual and acoustic impact of the proposed development is likely to have an adverse impact on those adjoining land uses, and as such staff conclude that what is essentially a light industrial use would be better placed away from residential land uses and in a less visually prominent site.

Submissions

The development application was placed on exhibition for a period of 14 days from 4 August until 18 August 2015. One submission was received in relation to the development. The key issues raised are discussed below, followed by staff comment.

How is it possible that another industrial building and business can be allowed among heritage houses in a town that has already lost so much of its original character?

Comment: It is agreed that this proposal would not contribute positively to the heritage character of Cobargo and as such the application is recommended for refusal. Staff consider that the proposal is an over-development of the site, as the bulk and scale of the building is more characteristic of an industrial scale shed and would be more suited to a less prominent site, preferably outside of the Heritage Conservation Area, where suitable setbacks and landscape buffers can be achieved.

A noisy mechanic’s workshop plonked down in a completely inappropriate place with an access road to be built as well, taking out even more green space. Why is this being considered? Why can’t industrial activities happen in existing industrial spaces?

Comment: Staff agree that the proposed use would be more appropriately located away from residential land uses and in an area that can more appropriately accommodate such building of the size and scale required by the applicant.

When we originally bought our property there was a large shed that had been used for farm machinery and trucks. This shed was badly damaged in a storm and needed to be demolished. When we talked about rebuilding the shed we were told by Council that the original shed had been too large for a residential area and a replacement shed would have to be much smaller, so we were surprised to see a proposal for this even larger shed immediately next door.

Comment: Each development application must be assessed on its merit, and in considering the circumstances of this application it is concluded that the scale and character of the proposed vehicle repair station would be inappropriate in relation to the established streetscape character and the desired future character of Cobargo Heritage Conservation Area.

Conclusion

The development application does not adequately demonstrate how the objectives and requirements of the Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013 would be satisfied. It is concluded that this proposal is of a scale, design and use that is incompatible with the locality in which it is proposed. The precinct is predominantly residential in character and is located at the northern entry to the historic village of Cobargo. Staff conclude that the proposal would likely have an adverse impact on the integrity of the Heritage Conservation Area of Cobargo and on the amenity of adjoining land uses.

The proposed development is recommended for refusal.

Attachments

1. Development Plans

2 . Locality Plan with Heritage Conservation Area

3 . Heritage Advisor's comments

Recommendation

1. That development application No. 2015.283 for a Vehicle Repair Station on Lots 2 and 3 Section 13 DP 2591 Princes Highway Cobargo be refused for the following reasons:

a. The proposed development would be inconsistent with the objective of the RU5 Village zone as the development would not maintain or protect the existing village character of Cobargo.

b. The proposed development would be contrary to the objectives of Section 2.6 of the Bega Valley Development Control Plan 2013, in that the development would not preserve the existing amenity of the area and would be inconsistent with the desired future character of Cobargo.

c. The height, scale and bulk of the proposed development would be contrary to the requirements of Section 5.2.3 and 5.2.4 of the Bega Valley Development Control Plan 2013 as the development would have an adverse impact on heritage places within the Cobargo Heritage Conservation Area and on the general character of the Heritage Conservation Area.

d. The proposed development would have an unacceptable impact on the visual and acoustic amenity of existing residential dwellings in the immediate vicinity of the development site.

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

Council 27 April 2016

Item 8.3

8.3. DA No. 2013.405: Modification to supermarket delivery hours, Bermagui Woolworths, Montague Street, Bermagui

Director Planning and Environment

Applicant	Higgins Planning Pty Ltd
Owner	Lotana Property Pty Ltd
Site	Lot 11 DP 1210993 Montague Street, Bermagui
Zone	B2 Local Centre
Site area	6,058m²
Proposed development	Modification to Condition No. 3 – delivery hours for supermarket development

Precis

Council is in receipt of an application to modify Development Consent 2013.405 under the provisions of Section 96(1a) of the Environmental Planning and Assessment Act 1979.

The application seeks amendment to the hours of operation of the loading dock for the Woolworths supermarket development.

The application is recommended for approval.

Background

The Bermagui Woolworths supermarket has been open for 12 months and Woolworths Limited submit that there is a need for increased hours for their delivery operations.

The original development consent 2013.405, issued by Council on 16 April 2014, imposed restrictions on the hours of operation of the loading dock in response to likely identified exceedances to the Industrial Noise Policy requirements. As a control measure at the time, Council limited delivery hours to 7.00am to 6.00pm Monday to Friday and 8am to 1pm Saturday, Sunday and Public Holidays.

Description of the proposal

Modification is sought to the terms of Condition No. 3 of development consent 2013.405. The current Condition No. 3 reads as follows;

All deliveries to the development shall be restricted to the following hours:

Monday to Friday, inclusive 7am to 6pm
Saturday, Sunday and Public Holidays 8am to 1pm.

The applicant requests the hours of operation be extended to accommodate the range of delivery vehicles required to service the site, and as such the modification application applied for the following changes to Condition No. 3;

All articulated deliveries Monday to Friday, inclusive 7am to 6pm
(refrigerated/ Sat, Sun and Public Holidays 8am to 6pm
non-refrigerated)

Rigid steer truck Monday to Friday, inclusive 7am to 10pm
(≤10 tonne tare) & Sat, Sun & Public Holidays 8am to 10pm
Delivery Vans

Waste Collection Monday to Friday, inclusive 7am to 6pm
Sat, Sun & Public Holidays 8am to 1pm

Description of the site

The subject site is bounded by Montague Street, Young Street and Sherwin Lane, Bermagui and accommodates a recently constructed Woolworths supermarket. The site is located within the main commercial precinct, with business premises adjoining the site (separated by Sherwin Lane) to the north, including hotel/pub, motel, retail premises and offices.

Immediately adjoining the site to the west is a single dwelling house. The northern side of Young Street (between the subject site and Wallaga Street) is characterised by low density residential development. On the southern side of Young Street (opposite the site between Montague Street and Wallaga Street) is also characterised by low density residential development.

To the east of the site is a combination of residential development and recreational reserve (park) with Zane Grey Caravan Park, further to the east.

A locality plan is provided as Attachment 1 to this report.

Planning assessment

The proposal has been assessed in accordance with the provisions of Section 96 of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer’s Section 96 assessment will be available at the meeting.

Zoning

The subject site is zoned B2 Local Centre under the provisions of the Bega Valley Local Environmental Plan 2013 and Shops are permissible with development consent. The objectives of the B2 zone are as follows;

· To provide a range of retail, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

· To encourage employment opportunities in accessible locations.

· To maximise public transport patronage and encourage walking and cycling.

· To enable other land uses that are complementary to, and do not detract from, the viability of commercial uses within the zone.

· To minimise conflict between land uses on land in the zone and land uses on land in adjoining zones.

· To strengthen the viability of existing business centres as places for investment, employment and cultural activity.

The proposed development has been assessed in accordance with the objectives of the zone and the proposal is considered to be consistent with those objectives.

Issues

The assessment of the application has identified several key issues which are discussed below.

Impact on amenity

The applicant submits that the additional hours of operation for the loading dock are required for the following reasons;

The purpose of the minor change to condition 3 is as a result of feedback received by Woolworths from the logistics/supply side for goods being delivered to the site as well as customer feedback.

Woolworths seeks to find a compromise with the existing hours of operation for the loading dock associated with times truck and service vehicles are able to use the loading dock, so as to be able to facilitate;

1. Better availability of fresh food supplies for the customers of the store in Bermagui

2. To also enable delivery trucks to attend the site with supplies to the store of food and goods in a more timely and efficient manner particularly for fresh foods from the nearest distribution centre in Victoria for logistics side of the business, and

3. At the same time, protect local amenity to the appropriate and reasonable standards in the use of the loading dock.

The original restrictions were placed on the operation based on Council staff assessment of the acoustic analysis presented at the time by acoustic consultants Marshall Day Acoustics. Staff identified there were predicted exceedances to the Industrial Noise Policy guidelines and as such the trading hours and the delivery hours were limited as per the current consent conditions.

The supermarket has been operational now for over 12 months and the applicant commissioned a further acoustic assessment on the current operation, with acoustic consultant Reverb Acoustics undertaking an analysis of the site. Staff sought clarification on the findings of that report and additional information was provided to clarify that the development could comply with the Industrial Noise Policy guidelines.

The Reverb Acoustics report states that “we understand that the supermarket cannot supply fresh food, milk and bread on weekends for the current delivery times, which is the main reason for extending delivery times”.

In consideration of the request, Council staff determined that imposing a condition restricting three different delivery times for the different types of vehicles would be difficult to monitor and regulate.

In addition, it was considered excessive to allow delivery vehicles access to the site up to 10pm daily. The resulting amenity impacts on adjoining land uses was deemed to be unreasonable.

This was reflected in the submissions received by members of the public and affected residents in the locality. The applicant, in reviewing the public submissions received as a result of the notification process, subsequently reviewed the proposed modification details and responded as follows;

Woolworths are prepared to amend their application from 10pm to 6pm on Saturday, Sunday and Public Holidays. The amendment addresses the concerns raised in submissions about night time usage of the loading dock, as follows:

All deliveries to the development shall be restricted to the following hours:

Monday to Friday, inclusive 7am to 6pm

Saturday, Sunday & Public Hols 8am to 6pm

The revised condition is considered to be an appropriate compromise, acknowledging the operational needs of the supermarket and the expectation of adjoining residents to enjoy a reasonable level of amenity. The acoustic report submitted by Reverb Acoustics demonstrates that the provisions of the Industrial Noise Policy will be satisfied for the identified extended hours and on this basis the proposed variation to the condition is supported by staff.

Submissions

The development application was placed on exhibition for a period of 14 days from 3 February 2016 until 17 February 2016. A total of 28 submissions were received in relation to the development.

The key issues raised in submissions are discussed below followed by staff comment.

A copy of the submissions will be available at the Council meeting.

The proposed extended hours to 10pm are unacceptable and would have an adverse impact on the amenity of residents (noise and light spill) in the locality and visitors staying in motel accommodation adjoining Sherwin Lane

Comment:

Staff concur that the additional hours requested in the original modification application were unjustified and unreasonable. The applicant, in reviewing the concerns raised in public submissions, has varied the request for additional hours to no later than 6pm on any given day. This is considered to be reasonable and is supported by staff.

Young Street is being used by Woolworths staff to park their cars – causes noise disturbance late at night – amenity is already affected and any changes will adversely affect residents.

Comment:

The applicant has acknowledged this concern and advises as follows;

“All staff have been directed by the local manager to park within the Woolworths car park so as to eliminate the concerns of submitters about this type of noise”.

Safety is already a problem – large vehicles turn left from Sherwin Lane into Montague Street and then into Lamont Street

Comment:

The applicant has considered this concern and advises as follows;

“All trucks which service the site use the approved route which was required by Council associated with the original DA approval. This has been confirmed with the logistics company which services the site for Woolworths”.

Concerns regarding the use of Wallaga Lake bridge and the impact of additional increased traffic on the bridge

Comment:

There are currently no weight or size limitations on the use of the Wallaga Lake bridge. Concerns regarding the use of the bridge have previously been raised through the Local Traffic Committee and it is understood that discussions have been held with the relevant transport operator who has been encouraged to use the Cobargo Road.

The proposed extension to the delivery hours would not necessarily see an increase in the amount of delivery traffic, but will provide for greater flexibility for the delivery of goods within those hours.

Conclusion

Staff are of the opinion that the proposed extension to the operation of the loading dock for delivery vehicles up until 10pm of an evening would have had an unnecessary and unreasonable impact on the amenity of adjoining non-commercial land uses within the locality. The applicant has suitably reviewed the proposed modification to those hours and, based on the information provided, staff conclude that an extension to the delivery hours on Saturday, Sunday and Public Holidays up to 6pm is considered to be reasonable.

On this basis, the application is recommended for approval.

Attachments

1. Locality Plan

Recommendation

1. That the Section 96 application to modify Condition No. 3 of Development Consent 2013.405 for the Woolworths supermarket at Lot 11 DP 1210993, Montague Street Bermagui be approved.

2. That Condition No. 3 of DA 2013.405 be modified to read as follows;

All deliveries to the development shall be restricted to the following hours:

Monday to Friday, inclusive 7am to 6pm

Saturday, Sunday & Public Hols 8am to 6pm

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

Council 27 April 2016

Item 8.4

8.4. DA No. 2014.346: Weekly market for up to 40 stallholders - Littleton Gardens, Bega

General Manager

Applicant	Sapphire Coast Producers Association
Owner	Department of Primary Industries – Lands Bega Valley Shire Council Trustee
Site	Lot 104 DP 1151462, Part Lots 10-13 DP 758076, Littleton Gardens, Bega
Zone	RE 1 Public Recreation
Proposed development	Weekly market – maximum 40 stalls

Precis

In accordance with the Council resolution of 12 August 2015 attached to this report are draft conditions for Council’s consideration.

Further the report clarifies that the subject land is Crown land with Bega Valley Shire Council as the Trustee.

It is recommended that Council determine the application.

Council Resolution – 12 August 2015

A staff report was submitted to the Council meeting held on 12 August 2015 with the following recommendation:

“That Development Application No. 2014.346 being for a weekly market (40 stalls) at Lot 104 DP 1151462, Part Lots 10-13 DP 758076, Littleton Gardens, Bega be refused for the following reasons:

1. The proposal would result in an unacceptable impact on the surface of the land and is not a compatible land use.

2. The proposal would limit the opportunity for the land to be used for public recreation.

3. The proposal would have an adverse economic impact on the existing retailers within the Bega Central Business District.”

Council resolved the following:

“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.”

Background

Development consent was granted, by Council resolution, on 19 June 2002 for a Farmers Market. The original consent limited the number of stalls to 30 with stallholders to be members of the Sapphire Coast Producers Association (SCPA). All products sold had to be grown or produced locally. The markets were approved on a monthly basis. The original consent was for a trial period of 6 months. These limitations were imposed to reflect the nature of the markets as presented to Council by the applicant and to address the issues raised in public submissions, including the Bega Chamber of Commerce and Industry.

The consent was modified in May 2004 to allow the market to continue indefinitely after it was deemed the markets were successfully operating with minimal impacts on the reserve or businesses within the town.

In April 2005 the consent was further amended to remove the requirement for stallholders to be members of SCPA after the association submitted to Council they were experiencing a decline in stall numbers and the success of the markets might be improved if the market was broadened to permit non-SCPA members. Products offered for sale, however, were still required to be grown or produced locally.

In June 2007 the consent was again amended to increase the number of market days from one to two per month, to be held on the 1^st and 3^rd Friday of the month. The maximum number of stalls remained at 30.

The approval was further modified on 27 March 2013 to permit the market to operate fortnightly every second Friday.

In summary, the current approval is for a market to be held fortnightly for a maximum of 30 stalls offering products that are gown or produced in the Bega Valley Shire or within 250kms of the township of Bega.

Description of the proposal

The application seeks approval for a farmers market to operate one day per week on a Friday with a maximum of 40 stalls.

In support of the proposal the applicant submitted the following:

“The SCPA Markets have been in operation in Littleton Gardens in Bega for over 12 years. They were set up to provide an outlet for the sale of locally grown/made produce/products direct form producer to consumer. This is still the express purpose of the Markets. SCPA considers this outlet to be of vital importance to the community, as it is a unique opportunity for local people to sell fresh, locally grown produce or locally made crafts.

“The current definition of ‘local’ is 250km from Bega, as specified in the SCPA Market Policy and Rules (attached). SCPA is in the process of revising the Market Policy and Rules to further tighten up the definition of ‘local’ to produce/products from specific Shires (less than 250km from Bega).

“The markets provide a unique opportunity for local producers and craftspeople to sell their products directly to consumers. This supports the local economy, as well as significantly reducing the environmental and social impacts associated with food production, ie, it reduces food miles, and it provides fresher, more nutritious produce to local people. A survey conducted by TAFE students this year has indicated that most people come to the SCPA Markets to buy fresh, locally grown fruit and vegetables. The markets attract people who are looking for a particular kind of product (“local”, “organic”, “chemical-free”), not available at most retail outlets in town, so the markets continue to provide a unique outlet for these goods.”

It is proposed that the market would operate between the hours of 8.00am till 1.00pm every Friday, except Public Holidays.

Description of the site

It is proposed that the market would continue to operate from the grassed area of Littleton Gardens.

Clarification of ownership and licence arrangements

At the Council meeting on 12 August 2015 the requirement for SCPA to enter into a licence with Council for use of the land for weekly markets was discussed.

Since the meeting property staff have confirmed that any licence arrangement with SCPA would be between SCPA and Council as Reserve Trust Manager, however any licence requires the approval of the Minister for Lands.

Crown Lands have been providing advice to property staff regarding their compliance requirements for the licence agreement and this may include the requirement for Council to go to an expression of interest.

A further report will be presented to Council by property staff should development consent be issued for the weekly market.

Additional information from SCPA

In accordance with the Council resolution of 12 August 2015, SCPA was requested to provide the following information:

· Number and type of existing stallholders including goods offered for sale

· Type of additional stallholders expected to increase the number of stallholders to a maximum of 40

· Management regime for wet weather

· Eligibility rules for membership of SCPA

· Whether SCPA would consider an option for a weekly market on days other than a Friday.

In summary the following information was provided:

· The current number of stallholders is 27

· It is proposed to source additional stallholders from local seasonal fruit and vegetable growers, fresh bread makers, local produce growers

· Markets would be held every Friday from Littleton Gardens.

Planning comments

A draft consent is included as Attachment 1 to this report. In preparing the draft consent the conditions have been framed to reflect the intent of the “Farmers Market” as an opportunity for local growers/producers to offer their product directly to the public.

In regard to parking arrangements it is recommended that any stallholder with a vehicle comply with the posted parking restriction arrangements and that specific parking not be allocated for stallholders on a market day.

Conclusion

In accordance with the Council resolution of 12 August 2015 additional information has been submitted by SCPA and a draft consent attached to this report.

It is recommended that Council determines the matter.

Attachments

1. Draft Consent

Recommendation

1. That Development Application No. 2014.346 being for a weekly market (40 stalls) at Lot 104 DP 1151462, Part Lots 10-13 DP 758076, Littleton Gardens, Bega be determined by Council.

2. That those persons who made submissions be advised of Council’s decision.

Council 27 April 2016

Item 8.5

8.5. DA No. 2015.82: Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

General Manager

Applicant	R W Pointon
Owner	RW Pointon & MD Pointon
Site	Lot 46 DP 1054833, 2 Coraki Drive Pambula Beach
Zone	R2 Low Density Residential
Site area	3,864m²
Proposed development	Regularisation of unauthorised alterations and additions to attached Dual Occupancy

Precis

The development application is referred for determination following further information received from the applicant as required by a resolution of Council at its meeting of 16 December 2015.

The applicant has proposed a variation to the application in response to issues relating to the overall height of the unauthorised structure and has provided additional information with the aim of addressing its visual appearance; including painting and landscaping treatment (see Attachment 1).

The staff position remains as previously reported, that the application should be refused.

Background

At the meeting of 16 December 2015 Council considered a report from staff and resolved:

“1. The matter be deferred for further consideration;

2. As a matter of urgency, the applicant shall provide Council with a survey from a registered surveyor to determine the height of the building in accordance with the requirements of clause 4.3 of the Bega Valley Local Environmental Plan 2013 (BVLEP2013);

3. Where the height of the building is identified above the development standard, the applicant shall submit a written request to Council to justify the contravention in accordance with the requirements of Clause 4.6 of BVLEP;

4. Upon receipt of a satisfactory response to (2) and (3) above, the General Manager provide a report to the next practicable meeting advising Council of matters under s79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given to the granting of consent to the development application; and

5. The General Manager include in the report suitable draft conditions in the event that Council ultimately determines to grant consent to the development application. Such draft conditions to include a requirement for certification from a suitably qualified engineer as to the structural integrity of the building prior to occupation and a requirement for lodgement of a satisfactory landscape plan and planting of suitable species prior to occupation.”

Further submission by the applicant (including amended plans)

Council has been provided with a survey report that identifies that the structure if erected as originally proposed would have significantly exceeded the 7.5 metre development standard, with the overall height, including the required balustrade, of 8.6 metres.

The applicant has provided amended plans that propose to locate the spa and balustrade away from the southern edge of the deck in order to comply with the development height standard.

A new 1.8m height privacy screen is also proposed to the western elevation along with a vertical screen that extends from the top of the finished deck height. A revised landscape plan has been included for consideration.

Council has received advice from the applicant’s structural engineer that certifies, subject to minor modification to the deck supporting structure, that the overall structure will comply with relevant structural design and performance guidelines.

Since the time of Council inspection and consideration of the report at the Council meeting of 16 December 2015, the applicant has relocated the spa on the deck as is now proposed. The tower has also been painted.

Planning assessment

The amended proposal has been further assessed by staff and the following comments are provided for Council’s consideration.

While it is noted that the setback of the balustrading and spa now comply with the 7.5m development standard, the principles of appropriate planning and design are not suitably addressed by this modification. Indeed, the revised proposal clearly illustrates that there would have been opportunity to design a more appropriate supporting structure for the deck and spa in the revised location that would have minimised the overall impact of the development. The proposal, as now submitted, effectively proposes a solution to only satisfy the technical height standard of 7.5m.

It is accepted that the painting of the tower and proposed landscaping treatment will somewhat reduce the visual prominence of the structure; however staff remain of the opinion that the design and materials are out of character with the setting.

The proposed 1.8m high privacy screen and proposed underdeck screening provides little or no reduction on the visual impact concerns expressed by staff on the overall proposal.

The position of staff therefore remains as previously reported, that the application should be refused.

Issues

Draft conditions for consideration of Council

As required by the previous resolution of Council, draft conditions that could be utilised in the event that Council wishes to grant consent to the development application have been provided in Attachment 2.

The draft conditions include a requirement for the applicant to revisit the proposed planting schedule to include the use of native plantings, in preference to vine treatments that are indicated on the latest version of landscape plans provided to Council.

Legal

In the previous report to Council, the proposed action to prosecute the applicant for breaches of the planning legislation was raised by staff to highlight the seriousness of the offence. However, in retrospect, Council’s role in this matter is to focus on the assessment advice of staff and to determine the application on merit.

It is therefore intended that staff pursue appropriate punitive action as an operational matter, utilising the existing delegations of the General Manager.

Conclusion

The applicant has responded to Council’s direction to provide survey details and has put forward a revised proposal to address the height standard along with additional information with the aim of addressing visual impacts.

Staff remain of the opinion that the development application should be refused and the owner be ordered to remove the unauthorised structure and revegetate the area.

It is recommended that the development application be determined.

Attachments

1. Plans

2. Proposed draft consent conditions

3. Council Report 16 December 2015

Recommendation

1. That Council determines the development application.

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

Council 27 April 2016

Item 10.3

10.3. Community Support for the Heritage Restoration of the "Hotel Australasia" Eden

Council is being asked to consider running an expression of interest process for those in the community who wish to support, either financially or through in kind works the external heritage restoration of the Hotel Australasia Eden.

Group Manager Strategy and Business Services

Background

Council acquired 142-144 Imlay St Eden on April 7, 2016.

Council had resolved to acquire the site and commence the process to restore the external façade of the building to as close to its original condition as practicable. Council has allocated $1m towards achieving the acquisition and restoration of the external façade of the building.

Council staff are preparing a Development Application for the securing and demolition of the non-heritage elements of the building. It is expected that these works will be carried out by licensed contractors due to the risks associated with the demolition works.

Over the past six months a number of community members have expressed interest in supporting Council through this process, both in terms of financial support as well as through in kind support such as labour from accredited tradespeople.

The incorporated community group Eden’s Australasia have been working with Council with the aim of utilising the community goodwill engendered through this project to aid in the minimisation of the financial costs of the restoration.

As a result to formalise these offers the next stage is to call for expressions of interest from members of the community relating to contributions they would be willing to make to assist the partnership of Council and the Community to achieve the restoration of this building. Council would be able to accept any submitted proposal from the community that progresses the goal of achieving a restored Hotel Australasia. Once the submission period has closed all submissions will be assessed and liaison with Eden’s Australasia will allow for presentation of a co-ordinated list of in kind works and financial contributions. This process will provide the opportunity for any passionate members of the community with an interest in this project to make their thoughts known and to offer their financial or physical support.

Eden’s Australasia will also be compiling a list of support offered through their group. Members of the community are welcome to liaise with Council through them if they wish. This group has previously submitted a range of commitments both financial, through fundraising efforts, and in kind, through a list of tradespeople offering labour. These commitments will be tabled as a submission to the EOI process.

The EOI process will be open for three weeks while the Development Application is finalised and lodged for the demolition works.

Issues

Legal

While legally any proposal submitted through an EOI process is not binding, Council will consider any submissions as a commitment made by submitter. Depending on the value and scope of any contributions made, some further follow up and possibly paperwork may be required.

Strategic

Council will distribute through the community a short document summarising the goals of the restoration project to assist interested members of the community in determining where their input could be put to best use.

The overall goal of the acquisition and this EOI process is to ensure the restoration of the external façade of the Hotel Australasia. Any proposals that assist Council in achieving that goal will be given consideration.

Asset

While Council understands that there are qualified tradespeople in the community who are willing to offer their expertise towards the capital aspects of this project, Council will still be required to ensure all licensing, insurance and work, health safety requirements are met.

Council will appoint a Project Manager for the site prior to any works commencing. All in kind support will be co-ordinated by that Officer. Council’s volunteer framework will ensure proper insurances are provided for any volunteer workers on site.

Consultation

Eden’s Australasia will be Council’s main conduit for information to the community in Eden. Standard media will also be arranged. If any members of the community wish to be involved, then it is suggested that they contact Eden’s Australasia in person or through social media.

Financial and Resources

It is not anticipated that this process will incur any expenditure for Council.

Conclusion

Council is calling for submissions relating to community support both financial and in kind support for the external restoration of the Hotel Australasia site in Eden.

Council is willing to accept for assessment, any submitted proposal from the community that progresses the goal of achieving a restored Hotel Australasia. Council hopes to harness the community’s goodwill towards this project, and minimise the financial cost to the community for the restoration.

Attachments

Nil

Recommendation

1. That Council resolve to call for expressions of interest from the community, seeking to progress the restoration of the Hotel Australasia site in Eden.

2. That the expression of interest period be open for three weeks.

3. That Council receive a report detailing the submissions made, and the assessment of those submissions.

4. That Council continue to liaise with the Eden’s Australasia group throughout this process.

Council 27 April 2016

Item 11.1

11.1. Bega Valley Local Traffic Committee - 6 April 2016

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held 6 April 2016.

Group Manager Transport and Utilities

Background

The Bega Valley Local Traffic Committee held a meeting on 6 April 2016, the Minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

1. 2016.04.27 attachment to local traffic committee meeting report plan of sign posting and pavement markings

Recommendation

That Council adopt the Bega Valley Local Traffic Committee recommendations as follows:

Parking and Traffic Arrangements – Littleton Gardens Precinct

1. That thirteen Disabled car parking spaces with shared zones be approved in the following locations:

a) Five within the car park off Gowing Lane, Bega and adjacent to the Sapphire Marketplace;

b) Four along the southern side of Zingel Place, Bega; and

c) Four within the Littleton Gardens car park off Zingel Place, Bega.

2. That eight Seniors car parking spaces be approved in the following locations:

a) Four within the car park off Gowing Lane, Bega and adjacent to the Sapphire Marketplace; and

b) Four within the Littleton Gardens car park off Zingel Place, Bega.

3. That Gowing Lane through to the Zingel Place roundabout be designated as one way with the installation of appropriate signage and line marking.

4. That No Stopping zones be established as follows:

a) Along the northern side of Zingel Place, Bega from the Zingel Place roundabout to the intersection of Gipps Street.

b) Along the southern side of Zingel Place, Bega from the Zingel Place roundabout to the intersection of Gipps Street, with the exception of two 30 Minutes Parking zones, being 15 metres and 32 metres in length and including four designated Disabled car spaces.

5. That an application to review the speed zone within the Littleton Gardens Precinct be referred to Roads and Maritime Services.

6. That two restricted Loading Zones be established from 6am to 6pm at the northern end of the Littleton Gardens Precinct behind the Carp Street commercial properties as follows:

a) A restricted Loading Zone be located at the western end for a length of 16 metres and width of 9 metres;

b) A restricted Loading Zone be located at the eastern end from the edge of the Australia Post access driveway to the eastern edge of the manoeuvring area then south to the motorcycle parking area.

7. That Special Event parallel car parking areas be established between the Loading Zones at the northern end of the Littleton Gardens Precinct at a length of 36 metres.

8. That the previous parking restrictions be re-established within the reconfigured Littleton Gardens car park off Zingel Place, Bega, being 3 hour parking Monday to Friday from 8.30am to 6pm and Saturday from 8.30am to 12.30pm.

Council 27 April 2016

Item 11.2

11.2. Re-naming of part Toallo Street, Pambula

The purpose of this report is to detail the outcome of the public exhibition process recently conducted, regarding the proposal to re-name part of Toallo Street in Pambula.

Group Manager Transport and Utilities

Background

Bega Valley Shire Council is working closely with Land and Property Information (LPI) and the Geographical Names Board (GNB) to resolve a number of property addressing issues within our Local Government Area (LGA).

A complete, unambiguous and formal property address is becoming increasingly important to improve the efficiency and effectiveness for emergency services, postal services, goods delivery, government and utility services within New South Wales.

LPI have initiated a program to examine Council’s addressing data, in order to improve the accuracy of an address, capture missing addresses, identify areas of low addressing quality and maintaining address data currency. As a result of this program, it was identified by LPI that the eastern section of Toallo Street is in fact severed from the remainder of Toallo Street, with one property missing an address number altogether. Unfortunately, this issue cannot be rectified without renumbering of the entire street.

Property staff assessed the advice from LPI and for the following reasons submitted a proposal to re-name the severed eastern end section of Toallo Street:

· The safety of all residents within the Shire is considered a priority and having accurate and unique property addressing enables a quick response for emergency services;

· The South Coast Holiday Park located on this section of Toallo Street is currently without a unique property address. To allocate a street number to this site would require re-numbering approximately 60 other properties along Toallo Street;

· Using urban in-fill principles in this instance, i.e. allocating the number 2A to the South Coast Holiday Park would not assist emergency services in locating them as its proximity to the property 2 Toallo Street is over 200m away and appears to be on a different street;

· Any future redevelopment or use of the old tennis court site adjoining the Holiday Park would also require the allocation of appropriate street numbering, which is not available;

· The proposed re-naming will allow conformity with NSW Addressing Guidelines;

· The proposed re-naming causes the least disruption; affecting five properties only;

· The aerial view images below clearly indicate that the section to be re-named is no longer a continuation of Toallo Street, due to intersection geometry.

6436474

Issues

Public submissions

Under Council’s Delegation Register the Director of the Transport and Utilities Group approved the proposed re-naming and it was placed on public exhibition from 23 February to 25 March 2016 with four public submissions received. Copies of the public submissions are attached for the information of Councillors. The issues raised in those submissions are as follows:-

1. Platypus Pet Shop Owner - Shop 3, Toallo Street

· Noted the points and reasons for the proposed re-naming, but is opposed to the cost being placed on businesses to change their address details.

· Questioned what financial help is available to the effected business owners.

Staff comment:
The issue of additional costs being placed on the business owners who were required to change their address has been raised with the Geographical Names Board (GNB). Their advice is that compensation is not payable to any affected parties. Provision of a transition period would give them the time required to update their stationary, signage, websites, etc. rather than having to do it all at once.

2. Joanne Dawson

Suggested that the street be named Price Street in recognition of the former managers of the Pambula Recreation Reserve Caravan Park. Feels that recognising our citizens in this manner is more meaningful than using the suggested name of Woollybutt Street.

Staff comment:
Under NSW Addressing Guidelines, it is stated that the names of people who are still alive shall not be used because community attitudes and opinions can change over time.

3. Nolans Cylinder Heads & Auto Parts Pty Ltd Owner - 9 Toallo Street

· Opposed to the re-naming proposal as he believes the re-naming will not solve the addressing problem at hand and will cause both inconvenience and confusion.

· Raised the issue of incorrect addressing across the Shire and included maps of other areas of concern.

· Spoke about street signage and numbering and included reference to Australian signage standards.

· Believes that staff have not adequately considered the ramifications of the re-naming proposal and that it will take quite a while for the “dust to settle” and mapping to be brought up to date.

· Questioned whether Council will be compensating businesses for the costs involved in changing their addresses.

· Believes correcting the existing signage and numbering issues would go a long way towards fixing the problem and references inadequate numbering in Toallo Street.

Staff comment:
To comply with the NSW Addressing Guidelines and supply all sites with a unique property address, the best solution is to re-name the eastern section of Toallo Street. There is no number range available to allocate the South Coast Holiday Park with a unique property address, so it would require the re-numbering of approximately 60 properties to allocate that property with a correct address. Under NSW Addressing Guidelines, Council is now required to ensure all caravan parks and roads within the parks are named and can be allocated with a unique property address. Furthermore, the section of Toallo Street proposed to be re-named is clearly severed from the remainder of Toallo Street and therefore the proposal to give this section of road a new name is the best solution in this instance.

LPI have examined Council’s addressing data and have provided staff with a list of addressing problems across the Shire. The problems identified in Mr Nolan’s submission have also been identified by LPI and Council staff are currently working through all of the issues raised.

As part of the addressing program, street signage within the Shire is also being reviewed and once this section of road is formally re-named and gazettal has taken place, adequate street signage will be erected in accordance with Australian signage standards.

Council staff fully understand the inconvenience this re-naming proposal will cause and have considered at length all other options available. This proposal affects the least amount of properties and is considered appropriate, based on this section of road being no longer recognisable as an extension of the remainder of Toallo Street. If Council staff were to simply re-number the entire length of Toallo Street, this would not correct this issue. Although those business owners who have made a submission advised that they have not had any issues with deliveries in the past, it is still a concern that emergency services personnel would not easily be able to locate either them or occupants of the Holiday Park in an emergency situation, due to out of sequence numbering and the uncertainty surrounding the status of this section of road.

4. Trubuilt Kitchens – 5 Toallo Street

· Advises that staff have not holistically looked at the issue and are simply proposing a band-aid fix at the cost of residents and business owners.

· Has not had customers or transport operators report of any issues in locating his premises.

· Inadequate signage at the corner of Toallo and Narregol Street could be causing confusion.

· Costly exercise for those businesses involved and would like to know who will meet those costs.

Staff comment:
As previously advised, staff have considered all options available. The identified section of road is no longer easily recognisable as a section of Toallo Street and not correcting the issue could be considered a band-aid fix.

Staff have taken a holistic approach in deciding the best way forward and believe the decision to re-name this section of road and provide the Holiday Park (and possible future development of the tennis court complex) with unambiguous street numbers is the preferred course of action. The result being that the proposed change will affect five businesses, rather than re-addressing 60 properties.

As noted previously, the GNB confirmed that there is no compensation payable to businesses affected by any re-addressing requests, however a grace period could be granted following any re-naming, where a business is affected.

Consultation

The proposed road name of Woollybutt Street has been advertised in local newspapers, allowing 28 days for submissions, with a total of four submissions received. All submissions have been acknowledged and will be informed in writing of the outcome of this report to Council. If Council resolve to proceed with the re-naming, the GNB will be advised to arrange gazettal and new signage will be installed.

Financial and Resources

Council has expended $238.40 advertising the proposal to re-name this section of Toallo Street, however if Council choose to uphold the objections, further advertising fees will be required.

Property Services staff will be required to complete the formal road naming process and arrange new street signage.

Conclusion

Formalisation of the re-naming is in accordance with NSW Addressing Guidelines and Council’s Road Naming Procedure and it is therefore recommended that Council continue with the re-naming of the severed section of Toallo Street as Woollybutt Street, Pambula.

Attachments

1. Submission 1 - Owner of Platypus Pet Shop at Shop 3 Toallo Street

2. Submission 2 - Joanne Dawson

3. Submission 3 - Owner of Nolan Cylinder Heads & Auto Parts Pty Ltd

4 . Submission 4 - Owner of Trubuilt Kitchens

Recommendation

1. That Council approve the proposal to re-name the severed eastern section of Toallo Street in Pambula as Woollybutt Street.

2. That the Geographical Names Board of NSW be requested to formally gazette the name Woollybutt Street.

3. That Council advise all affected property owners and those who made a submission regarding the re-naming proposal.

Council 27 April 2016

Item 12.1

12.1. Town Crier

Council has received a request from Mr Alan Moyse to consider endorsing him as the official Town Crier for Bega Valley Shire Council.

General Manager

Background

What is a Town Crier?

Town Criers are a relic of medieval Europe, where they were employed to disseminate information to people in lieu of television, radio and online journalism. In modern times the role is largely ceremonial — town criers can open official events, act as town ambassadors and take part in competitions.

Role in the Community

Town Criers uphold the tradition of ringing a hand bell while in costume and delivering greetings and proclamations at official events such as citizenship ceremonies, parades and tourism events.

History of Town Criers in NSW

The Ancient and Honourable Guild of Australian Town Criers (AHGATC) was formed in 1989. They currently have 32 members. The Guild holds the Australian Town Crier championships yearly. The championships take place in different Council shires each year with the Guild requesting a Council to host the event.

Request

Council has received a request from Mr Alan Moyse to consider endorsing him as the official Town Crier for Bega Valley Shire Council. Mr Moyse relocated from Canberra to Wyndham in October 2015.

Mr Moyse has advised Council:

· He is the Secretary of the Ancient and Honourable Guild of Australian Town Criers and a member of the Australasian Town Criers Guild.

· He has been asked to Cry at a range of activities such as the Pambula Shore, New Year’s Eve celebrations in Merimbula, and welcoming passengers on cruise ships visiting Eden.

· He would be an independent volunteer and provide his own regalia.

· “The only expense would be the provision of a gift to the host Mayor when I take park in the (annual) contests of the two Town Crier Guilds in Australia.”

· The Ancient and Honourable Guild of Australian Town Criers requires Mr Moyse to remain as a guild member he must be “duly appointed”:

The Ancient and Honourable Guild of Australian Town Criers Constitution and Rules state the following:

2. QUALIFICATION FOR MEMBERSHIP

Any person duly appointed as Town Crier by any local, municipal, shire or regional council may apply in writing to the Secretary for admission as a member. Membership of the Guild will entitle members to append the insignia of "M.A.H.G.A.T.C." to the official title.

Background Research

Local Government legislation

Local Government NSW advised there is nothing noted in the legislation regarding town criers. It is a matter for Council to consider independently.

Several NSW Councils have advised they “endorse or support” Town Criers. Costs are limited, but may include reimbursement of out of pocket expenses and travel to events if Council requests the Town Crier’s services, along with provision of travel costs and accommodation to attend the National Town Crier Championships together with provision of a gift for the Mayor of the hosting Council.

Annual Championships

In 2015 Parkes Shire Council hosted the event and was asked to provide:

· Council’s Events Coordinator to coordinate the whole event and liaise with Town Criers.

· A venue to conduct the Guild’s Annual General Meeting.

· Meet and greet reception with Mayor and Councillors with light refreshments.

· Light Luncheon on competition day.

· Presentation dinner.

Based on the details provided by Parkes Shire Council report of 17 March 2015, the anticipated costs of hosting a Town Crier Event were in the vicinity of $4,000.00. This amount is the total sum of a venue hire and civic reception, as well as promotions and advertisements. For further information, a full copy of the Parkes Council report “Invitations to Host Australian Town Crier Championships 26-27 March 2015 can be view on that Council’s website:

Parkes Shire Council Report Tuesday 17 March 2015

ACT Government

Mr Alan Moyse is Canberra’s official Town Crier. He was appointed as the official winner of radio station Mix 106.3 Canberra Town Crier competition on 4 July 2011, and Mr Moyse accepted the voluntary position. In September 2011, The ACT Chief Minister confirmed his appointment. ACT Government costs are similar to those outlined above.

Issues

Compliance

Working with Children Check

The legislation of NSW clearly states that persons working in a child related role and connecting with children under their main duties of the role require a Working with Children check.

Due to the significant part of the Town Crier activities involving interaction with children, attending a range of activities such as the local shows, New Year's Eve celebrations, school fetes, charity events, community organisations and welcoming passengers on cruise ships visiting Eden, Council would need to arrange Working with Children Check.

National Police Check

It is also recommended that persons in child-related work undertake a National Police Check to assess the suitability of a person for employment in a particular position. The National Police Check is a yearly application with a cost of $50.

Council Volunteer requirements

All Council volunteers are required to undergo an induction process and need to have a nominated supervisor who ensures they are complying with Council’s safe work practices, and are generally responsible for them while they are volunteering for Council. This would require administrative duties undertaken by Council’s Volunteer Coordinator.

Currently Mr Moyse determines what events he participates in, this is appropriate as these are community or other non-Council activities and the relationship is therefore with the organisation running the event . If endorsed by Council for Council events, Council staff would need to approve the events he attends and the content of his “Cries”.

Financial and Resources Costs

As noted above the position is voluntary, however it is anticipated the following estimated expenses would be incurred annually:

Funding source		Amount
National Police Check (Yearly)	$	50
Volunteer Induction	$	110
Nominated Supervisor	$	250
2x Gifts for Mayor hosting (annual) contests of the two Town Crier Guilds in Australia	$	200
Out of Pocket Expenses/Travel – Council endorsed events		500
Travel and Accommodation costs – Annual Championships	$	1,000
TOTAL estimate annual expenses		$2,110

In the event that Council was requested and agreed to host an Annual Championship event, there would be anticipated expenses of approximately:

Funding source		Amount
Mayoral Reception	$	320
Luncheon	$	450
Catering Official Dinner	$	2,500
Venue Hire – Official Dinner	$	225
Venue Hire AGM	$	255
Staff Cost – coordination of event/advertising	$	750
TOTAL	$	4,500

There are currently no funds allocated for the above costs.

Conclusion

A number of NSW Councils endorse or support volunteer Town Criers and Mr Moyse has been volunteering his services at a number of events in the Bega Valley Shire area.

Mr Moyse is currently the official Town Crier for the ACT and as such is eligible to be a member of the Ancient and Honourable Guild of Australian Town Criers Guild.

Attachments

Nil

Recommendation

1. That Council note the request.

2. That Council determine whether to endorse Mr Moyse as Bega Valley Shire Council Town Crier.

Council 27 April 2016

Item 12.2

12.2. Major projects quarterly update

This report provides a quarterly update to Council and the Community on our current major projects.

General Manager

Background

At its meeting on 17 December 2014 Council Resolved:

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

Major Projects:

· Bega, Bermagui, Eden and Merimbula Town Centre designs

· Bega Civic Centre

· Eden Port development

· Littleton Gardens

· Merimbula Airport

· Merimbula Bypass

· Merimbula effluent management

· Merimbula lands development

· Tura Community Centre and Branch Library development

Key organisation operational projects:

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

· Council’s Business Growth and Economic Development Strategy implementation

· Council’s communications and community engagement review

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

During the performance review process for the General Manager this list was updated to include:

· Merimbula airport management

· Bega Valley Regional Learning Centre activation

· Property matters including the Australasia and Merimbula lands

· Economic development strategy implementation and forum

· Implementation of the MOU with Eurobodalla Shire Council

· Implementation of Fit for the Future matters relating particularly to Joint Organisations

· Service and process reviews

· Organisational culture

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

· Planned outcomes and key outputs

· Progress with timelines and milestones

· Risks and actions to mitigate risks

· Internal and external communication plans

· Budget items including progress against budget

The following table summarises information relating to the progress of the items which Council resolved to receive regular updates on. This table now includes the additional items addressed by Council. As matters are concluded they will be appropriately signed off and no longer included in this report.

The 2015-16 Operational Plan website is being finalised to include a section devoted to these headline projects for the year which will be reported against quarterly.

PROJECT	COMMENT
Town centre design projects – Bega, Bermagui, Eden, Merimbula	Works progressing to program plan for the first project which is Imlay Street Eden. There have been some delays due to weather but works will be concluded this financial year. Community information sessions held weekly with traders.
Bega Commemorative Civic Centre	The facility was opened on Australia Day and Council meetings with live streaming commenced in 2016. Final items are being put in place and testing of the venue has been undertaken with a number of large events held in the centre.
Eden Port	Currently the two main aspects of this project (wharf extension and safe harbour/attenuator) are being independently reviewed by Infrastructure NSW for assurance as directed by Government. The wharf extension project is well progressed with the project ready to go to tender as soon as the review is complete.
Littleton Gardens	The public art commission installation is planned to occur following resolution of matters external to Council.
Merimbula Airport	Operational management of the airport for the transition period while CASA licence is moved to be held by Council is being finalised. Applications for funding with the National Stronger Regions Fund and the second stage of the Restart NSW Regional Tourism (Regional Airports) fund have been submitted. Works on the first stage funded last year will commence in 2016 and relate to connecting water.
Merimbula By Pass	Park/Wonga Streets drainage construction commenced. Palmer Lane (north) car park constructed. Works have commenced on next stage.
Merimbula effluent management	Process to engage EIS consultants progressing. Ocean data collection continuing. Panel appointed. Minister’s staff advise State significant application is supported, awaiting sign off.
Property matters	Merimbula - Main Street property no tenders received. Further report to Council in mid-2016. Australasia, Eden – Council resolved to purchase property in February 2016. This has now settled and project planning for the site commenced.
Tura Community Centre and branch library development	Construction commenced 18 January 2016. Facility will be officially opened in June 2016.
Bega Valley Regional Learning Centre (Merimbula)	The rezoning for the site has been completed and the centre is now operational.
Fit for the Future (FFTF) and Joint Organisations	Phase 1 Local Government Act consultation held with expectation that these will be in place prior to the September 2016 elections. Minister for Local Government announced that Councils not facing merger will go to election as planned on 10 September 2016. The process of planning for the election with the NSW Electoral Commission has commenced. Discussion papers on Joint Organisation structures and role are expected following announcement of merger consideration outcomes.
MOU Eurobodalla Shire Council	Both Councils resolved to adopt the MOU in December 2015. Project discussions have commenced with staff as per the MOU and meetings between the two at Councillor level being planned.
Economic Development Strategy implementation & forum	Economic Development Forum to be held in July 2016 as reported to Council
Communication and community engagement review	Staff training sessions completed with provider, International Association for Public Participation Australia. Last meeting of community reference panel held in February 2016.
Services and processes reviews	Children’s Services: review completed and reported to Council National Disability Insurance Scheme impact on Council Ageing and Disability Services review completed. Planning and development processes and services commenced

Attachments

Nil

Recommendation

That Council note the major projects update report.

Council 27 April 2016

Item 13.1

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

This report details Council’s investments during the month of March 2016.

Assistant Corporate Accountant

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Strategy and Business Services section has made the monthly Investments Report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Issues

Legal

Section 625 of the Local Government Act 1993 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government and published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.

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

Policy

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

Council’s current Policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $40,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	January 2016	February 2016	March 2016
General Fund	$14,708	$14,708	$9,708
Water Fund	$14,842	$14,842	$14,842
Sewer Fund	$16,350	$16,350	$16,350

In addition, there is $3,545,000 in uninvested funds in Council’s operating account. There is an additional $5,000,000 at call investment held in Council’s Transactional Account.

· Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

· Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

· Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

· Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund $’000
Fund	External Restrictions	Internal Restrictions	Unrestricted	Total
General Fund	$10,902	$8,560	-$1,209	$18,253
Water Fund	$4,224	$10,618		$14,842
Sewer Fund	$2,581	$13,769		$16,350

The restrictions reported in Table 2 relate to 30 June 2015.

Council formally calculates its Restrictions as at 30 June each year. These Restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

Attachments

1. Certificate of Investment

Recommendation

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

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

Council 27 April 2016

Item 15.1

15.1. Regional and Public Galleries Conference 2016

The Mayor and Curator of the Bega Valley Regional Galley attended the biennial conference for NSW public and regional galleries titled REFRAMING THE FUTURE. The 2016 conference was constructed around the theme of shifting funding sources, flexibility, the growth in cultural tourism and arts led economic recovery. This report provides insight into the key conference items.

Cr Britten, Mayor

Summary of Presentations

The biennial conference for NSW public and regional galleries titled Reframing the Future was held at the Tweed Regional Gallery and Margaret Olley Art Centre from 14-15 March 2016.

While the keynote speaker, Michael Lynch CBE AM, gave a view of Australian arts and culture from an international perspective, it was the following three sessions that carried the most information relevant to the Bega Valley Shire and the Bega Valley Regional Gallery.

General Managers from both Tweed Shire Council and Albury City Council gave overviews of the decision making and actionable processes around building world class regional visual art facilities. The long list of benefits to the wider community included positive economic, social and health outcomes. The directors of each Regional Gallery, Susi Muddiman from Tweed and Jacqui Hemsley from MAMA (Murray Art Museum Albury) spoke about the process of acquiring funding and support from local donors, business leaders, federal and state governments to build these impressive new facilities. The presentations gave assurance, such a facility, especially of a multicultural nature could one day exist in our Shire.

Visitor numbers in Albury have increased from an annual total of 24,000 pre the new facility to over 65,000 since its October 2015 opening.

Likewise, when the new Tweed Regional Gallery and Margaret Olley Art Centre opened in March 2014, 13,979 visitors passed through its doors in its first 21 days. Since then, it has gone on to attract 250,732 to date.

Research conducted by the Tweed Shire Council surveyed 600 visitors over this time and established that:

· Three quarters of these visitors were from outside Tweed Shire;

· most were day trippers; and

· one third were first time visitors.

The study reported that the direct economic impact of this visitation to the Tweed economy was, at a conservative estimation, $7.38 million.

Opportunities for businesses have also dramatically increased as a result of the economic impact of new audiences attracted to the region for overnight and longer vacations.

Susi Muddiman. Director, Tweed Regional Gallery

“Cultural tourism relates to our region’s lifestyle, our history, architecture and art –all the elements that help shape our way of life, and you all know, it’s an increasingly popular form of tourism throughout the world. The Organisation for Economic Cooperation and Development (OECD) highlights the role cultural tourism can play in regional development. The Gallery has become not only a showcase of visual art and architecture but also one of the most important economic drivers of our region. As my General Manager Troy Green says, it really is one of the jewels in our region’s crown! (Not that I am at all biased).”

The following session Weathering Change and an Industry Update were valuable as snapshots into the museum and gallery sector across the state as well as being platforms for networking with other councillors, general managers and art gallery directors.

Insightful conversations were had with:

· Michael Rolfe, CEO Museums & Galleries NSW;

· Mary Darwell, Executive Director, Arts NSW;

· Tony Green, General Manager, Tweed Shire Council;

· Frank Zaknich, General Manager, Albury City Council; and

· Sally Watterson, Project Manager, Arts & Culture, Local Government NSW.

Connections with a number of regional arts professionals, artists and industry figures was also made.

Conclusion

In conclusion, the RPGNSW conference was important to attend not only as a networking opportunity between other local government areas and key players in driving cultural tourism to the regions, but as a tool for examining other local governments approaches to harnessing the power of arts and culture in regional Australia.

It’s vital to acknowledge the importance of gallery staff attending these conferences also as it is an opportunity to connect, strengthen relationships between galleries and regions, and help distance challenged staff remain current in what is a dynamic and increasingly important industry for all local governments.

A regional gallery facility can act as:

· A major tourist attraction;

· An economic driver to the region; and

· A link to other cultural facilities in the region.

Economic Regeneration: The impact of the arts in regional Australia by Deakin University Australia

Attachments

1. The impact of the Tweed Regional Gallery’s Margaret Olley Art Centre on the region’s visitor economy

Council	27 April 2016
*Item 8.1 - Attachment 1*	Proposed Amendments to BVDCP 2013 Clause 5.6 Tree and Vegetation Preservation

Council	27 April 2016
*Item 8.2 - Attachment 1*	Development Plans

Council	27 April 2016
*Item 8.2 - Attachment 2*	Locality Plan with Heritage Conservation Area

Council	27 April 2016
*Item 8.2 - Attachment 3*	Heritage Advisor's comments

Council	27 April 2016
*Item 8.3 - Attachment 1*	Locality Plan

Council	27 April 2016
*Item 8.4 - Attachment 1*	Draft Consent

Council	27 April 2016
*Item 8.5 - Attachment 1*	Plans

Council	27 April 2016
*Item 8.5 - Attachment 2*	Proposed draft consent conditions

Council	27 April 2016
*Item 8.5 - Attachment 3*	Council Report 16 December 2015

Council	27 April 2016
*Item 11.1 - Attachment 1*	2016.04.27 attachment to local traffic committee meeting report plan of sign posting and pavement markings

Council	27 April 2016
*Item 11.2 - Attachment 1*	Submission 1 - Owner of Platypus Pet Shop at Shop 3 Toallo Street

Council	27 April 2016
*Item 11.2 - Attachment 2*	Submission 2 - Joanne Dawson

Council	27 April 2016
*Item 11.2 - Attachment 3*	Submission 3 - Owner of Nolan Cylinder Heads & Auto Parts Pty Ltd

Council	27 April 2016
*Item 11.2 - Attachment 4*	Submission 4 - Owner of Trubuilt Kitchens

Council	27 April 2016
*Item 12.3 - Attachment 1*	Finalised Council Actions 01/01/2016 to 31/03/2016

Council	27 April 2016
*Item 12.3 - Attachment 2*	Outstanding Council Actions 01/01/2016 to 31/03/2016

Council	27 April 2016
*Item 13.1 - Attachment 1*	Certificate of Investment

Council	27 April 2016
*Item 15.1 - Attachment 1*	The impact of the Tweed Regional Gallery’s Margaret Olley Art Centre on the region’s visitor economy

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

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

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

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

27 April 2016

Staff Reports –Planning And Environment (Sustainability)

27 April 2016

8.1. Amendment to tree and vegetation removal requirements under Bega Valley Development Control Plan 2013

Background

Native Vegetation Act 2003

Tree Removal Permits

Recommended Amendments to Clause 5.6 of BVDCP – Tree and Vegetation Preservation

Conclusion

Attachments

Recommendation

Precis

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Heritage considerations and impacts

Desired future character of Cobargo

Impact on adjoining land uses

Submissions

Conclusion

Attachments

Recommendation

Precis

Background

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Impact on amenity

Submissions

Conclusion