Agenda of Council - 20 July 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 1993 and Office 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 1993 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

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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

20 July 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 and Closed session held on 29 June 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 Planning Proposal for seven Deferred Sites in Bega Valley Local Environmental Plan 2013 10

8.2 Strategic Direction for nine Deferred Sites in Bega Valley Local Environmental Plan 2013 18

8.3 Bega Valley CLEP 2013 Minor Amendments.............................................................................. 90

8.4 Report on public exhibition of South Pambula Residential Land Planning Proposal.......... 95

8.5 Report on exhibition of amendments to Clause 5.6 Tree and Vegetation Preservation of Development Control Plan 2013..................................................................................................................... 103

8.6 Report of Public Hearing - Reclassification of Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka..................................................................................................................................................... 105

8.7 Proposed Vehicle Repair Station, Princes Highway Cobargo................................................ 119

8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision................................................................................................................................. 121

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.

9.1 Access Advisory Committee....................................................................................................... 158

9.2 Council Grants Review................................................................................................................. 168

9.3 Halls Maintenance Funding 2016/17........................................................................................ 176

9.4 Sportsground Facility Management Plans................................................................................ 179

9.5 Quarterly Community Project Proposals Summary................................................................ 315

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 RFT 02/16 Gateway Signage to the Bega Valley...................................................................... 324

10.2 Expression of Interest EOI 53/16 142-144 Imlay Street, Eden............................................. 326

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 Formalisation of road name: Joey Lane, Candelo................................................................... 330

11.2 Road closure of a section of Council public road in Eden..................................................... 332

11.3 Merimbula Lake and Back Lake Flood Study - Draft Report for Public Exhibition............. 359

11.4 Bega Valley Local Traffic Committee - 6 July 2016................................................................. 487

11.5 RFT 42/16 Watermains Renewals and/or Upgrades 2016-2018......................................... 490

11.6 RFT 19/16 Rehabilitation and restoration of sewer manhole structures 2016/17 and 2017/18 492

11.7 RFT 49/16 Condition Assessment of Water and Sewerage Facilities.................................. 494

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 Review of the Bega Valley Shire Community Service Medallion Committee .................. 498 .

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 512.

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 2016 National General Assembly of Local Government........................................................ 517

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

19.1 Changes to Property Addresses within Bega Valley Shire..................................................... 524

19.2 Tura Marrang Library and Community Centre........................................................................ 528

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......................... 529

22.1 General Manager Annual Performance Review for period ending 30 June 2016

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.

22.2 Eden Land Matters

This report is confidential in accordance with section 10A (2) (a) (c) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals; AND the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

22.3 Bega Land Matters

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 20 July 2016

Item 8.1

8.1. Planning Proposal for seven Deferred Sites in Bega Valley Local Environmental Plan 2013

This report covers seven sites currently deferred in the Bega Valley Local Environmental Plan 2013 and proposes that they revert to the original zones and lot sizes exhibited under the draft Bega Valley Local Environmental Plan 2010.

Director Planning and Environment

Background

Staff have been preparing a series of Planning Proposals to finalise sites identified as ‘Deferred matters’ under Bega Valley Local Environmental Plan 2013 (BVLEP 2013). Following ongoing discussions with the Department of Planning and Environment, and further investigation by staff, seven sites subject to this report are recommended to revert to the zoning and lot sizes as publicly exhibited in the draft Bega Valley Local Environmental Plan 2010 (draft BVLEP 2010).

In order to remove the ‘Deferred Matter’ status from the subject properties, a Planning Proposal is required to be prepared and submitted to the Gateway Panel. The development of future land use strategies by Council for enterprise lands, residential growth areas, small lot agriculture and rural living may see some of these sites revisited in the future.

Strategic

The following summarises the rationale for removing the ‘Deferred Matter’ status from the seven sites and, if endorsed by Council, will form the basis for the preparation of a Planning Proposal by staff.

a) Lot 445 DP 1061010, Lochview Farm Road, Lochiel

Recommendation: Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares.

The property has an area of approximately 53 hectares and is the residue of an existing holding, which has been subdivided in the past to create a number of rural residential allotments. The Lochview Farm site was originally deferred from the BVLEP 2013 following a request from the owner for an E4 Environmental Living Zoning with and 1ha lot size. This request would have resulted in a rural residential style subdivision.

The site was not supported by the Department of Planning and Environment due to the location of the property being distant from the existing settlement of Pambula and the existing rural residential land supply in the Lochiel and Pambula areas.

The site is over 7km to South Pambula residential area and over 10km to Pambula shopping centre. In addition, the rural residential supply for Lochiel and Pambula is considered to be sufficient for the next 30 years. It is recommended to un-defer the land to the originally exhibited draft BVLEP 2010 zoning as shown in Figure 1.

Figure 1: Lochview Farm Road, Lochiel: Land Use Zones (Exhibited draft BVLEP 2010)

b) Lot 4892 DP 1103062, Woodlands Lane, Bald Hills

Recommendation: Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares.

Discussions with the Department of Planning and Environment have indicated that the proposed environmental living zoning will not proceed through the Gateway process. The Department’s objections relate to existing rural residential land supply in the Bald Hills and Pambula areas, distance from Pambula and lack of strategic policy to support the expansion of the adjacent rural residential zone. The Department also does not support using the rezoning process as a mechanism to address infrastructure issues.

Existing supply of rural residential land is currently forecast at approximately 30 years, and as such further rezoning of rural residential land is not justified in this catchment. Should Council wish to pursue the rezoning of this site, it is suggested that the property owner undertakes further work to support his request.

Figure 2: Woodlands Lane, Bald Hills: Land Use Zones (Exhibited draft BVLEP 2010)

c) Part Lot 1 DP 1164038, Lots 1 & 2 DP 1101354, Tathra Road, Bega

Recommendation: Primary Production Zone (RU1) with a Minimum Lot Size of 120 Hectares.

The subject land is part of a large dairy farming enterprise on the eastern outskirts of Bega. The property has significant dairying and irrigation infrastructure, and is used for grazing and fodder production to support the dairy farming operation.

Draft BVLEP 2010 proposed a RU1 Primary Production zoning, with a minimum lot size of 120 Ha. Council received a request to rezone the land to R5 Large Lot Residential and as such the site was deferred from BVLEP 2013.

This property is one of only two large parcels of land to the south of Bega left available for the future residential expansion of Bega and that retention of the rural zoning effectively “land banks” the site for future residential needs. This property would be included in a future residential growth strategy that the Department of Planning and Environment is encouraging Council to prepare as part of its ongoing strategy development program.

Primary production (dairying) is still occurring on the site and is planned to continue for at least the medium-term as is evidenced by infrastructure improvements proposed for the site. It is proposed to advise the property owners of Council’s vision for this site to allow them to continue planning for infrastructure investment for the property.

Figure 3: Tathra Road, Bega: Land Use Zones (Exhibited draft BVLEP 2010)

d) Lots 1 - 5 DP 455379, Palestine Road, Eden

Recommendation: Large Lot Residential (R5) with a Minimum Lot Size of 5,000m².

These lots are located on the north western side of the Princes Highway and Government Road intersection, where Palestine Road intersects with the Highway. They were originally exhibited as R5 Large Lot Residential in draft BVLEP 2010 as part of a wider rural residential area on the northern outskirts of Eden.

The lots were proposed by the landowner to be zoned for industrial purposes to allow for small lot Industrial uses. The site is topographically separated from the existing North Eden Industrial areas and does not have appropriate Highway intersection access. There is sufficient small lot industrial land capacity within the existing North Eden Industrial estates and further vacant industrial land adjacent to the caryards on Imlay Street.

The request is not supported as industrial usage of this site would be in conflict with the existing adjoining rural residential properties. There is no clear strategic justification for the land to be rezoned as industrial land as there is significant capacity in the existing Eden industrial estates and there are major highway intersection constraints.

Figure 4: Palestine Road, Eden: Land Use Zones (Exhibited draft BVLEP 2010)

e) Part Lot 600 DP 1193160, Mirador Drive, Merimbula

Recommendation: Low Density Residential (R2) with a Minimum Lot Size of 2,000m².^.

This site in Mirador site was deferred from BVLEP 2013 following a request from the owner that Stage 13 of Mirador Estate (the subject land) be changed from R2 Low Density Residential (as exhibited in draft BVLEP 2010) to R3 Medium Density Residential and the minimum lot size be changed from 2,000m² to 450m². The exhibited 2,000m² lot sizing was based on servicing (sewerage) constraints.

This request represents a significant departure from the long term planning for the Mirador Estate and would result in a higher density style of subdivision not found elsewhere in the Shire. In 2014 Council resolved to request the owner of the land to undertake further work to support their request including a servicing strategy for the Mirador Estate subdivision, bushfire assessment, access arrangements including emergency access, and threatened species assessment.

Despite requests from staff to provide the results of the servicing investigations and other studies, the owners of the land have not provided this information. As such it is recommended that the zoning and lot sizes revert to those exhibited and that the owners be advised that should they wish to proceed with an alternative zoning and lot sizing, they will have to prepare a detailed Planning Proposal based on the previously requested information.

Figure 5: Mirador Drive, Merimbula: Land Use Zones (Exhibited draft BVLEP 2010)

f) Lot 5 DP 1021345, Princes Highway, Wolumla

Recommendation: RU1 Primary Production with a Minimum Lot Size of 120 Hectares.

The ‘Wanatta’ property is 144ha and is currently used for grazing and beef production. The site was exhibited as RU1 Primary Production zone with a 120ha lot size and deferred from BVLEP 2013 following a request from the landowner for a zone permitting rural residential subdivision.

Rural residential zoning of this site is not supported as there is ample supply within the Wolumla catchment, the majority of which is more appropriately located adjacent to the Wolumla Village. This is proposed to be supplemented by land identified through the draft Wolumla Growth Strategy at properties on the western and southern fringes of Wolumla Village.

Figure 6: Princes Highway, Wolumla (Exhibited draft BVLEP 2010)

g) Lot 3 DP 750226, Polacks Flat Road, Bemboka

Recommendation: RU1 Primary Production with a Minimum Lot Size of 120 Hectares.

Following the exhibition of draft BVLEP 2010 the owners of the subject site requested the application of an RU4 Small Lot Agriculture Zone over part of the property. Despite some positive small lot production aspects of this land, such as access to permanent water, the property owner has not demonstrated the demand for intensive horticultural or livestock activity opportunities in the Bemboka catchment. A specific strategy for the appropriate application of RU4 zonings across the various rural catchments of the Shire is part of the future work program of Council’s Strategic Planning section and would be an appropriate mechanism to assess such requests into the future.

Additionally, there is an existing supply of rural living land zoned R5 Large Lot Residential on the northern side of the Bemboka Village and a supply of concessional allotments within the wider Bemboka catchment.

Figure 7: Polacks Flat Road, Bemboka Proposed Zoning (Exhibited BVLEP 2010)

Conclusion

Following discussions with the Department of Planning and Environment and ongoing investigations by staff, it is recommended that the seven sites in this report revert to the originally exhibited zonings and minimum lot sizes (as per draft BVLEP 2010).

Some of these sites may be revisited as part of the development of further land use strategies by Council for enterprise lands, residential growth areas, small lot agriculture and rural living. Individual land owners may also choose to submit a Planning Proposal if they wish to pursue a rezoning in the meantime.

Attachments

Nil

Recommendation

1. That the seven sites considered within this report be “undeferred” and the zoning and lot sizes revert to those exhibited in draft Bega Local Environmental Plan 2010 as follows:

a) Lot 445 DP 1061010, Lochview Farm Road, Lochiel

Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares

b) Lot 4892 DP 1103062, Woodlands Lane, Bald Hills

Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares

c) Part Lot 1 DP 1164038, Lots 1 & 2 DP 1101354, Tathra Road, Bega

Primary Production (RU1) with a Minimum Lot Size of 120 Hectares

d) Lots 1 – 5 DP 455379, Palestine Road, Eden

Large Lot Residential (R5) with a Minimum Lot Size of 5,000m²

e) Part Lot 600 DP 1193160, Mirador Drive, Merimbula

Low Density Residential (R2) with a Minimum Lot Size of 2,000m²

f) Lot 5 DP 1021345, Princes Highway, Wolumla

RU1 Primary Production with a Minimum Lot Size of 120 Hectares.

g) Lot 3 DP 750226, Polacks Flat Road, Bemboka

RU1 Primary Production with a Minimum Lot Size of 120 Ha.

2. That staff be authorised to forward a Planning Proposal to the Department of Planning for Gateway determination for the seven sites considered in this report.

3. That following Gateway Panel determination the Planning Proposal be placed on public exhibition.

4. That at the end of the exhibition period a further report be submitted to Council for consideration.

Council 20 July 2016

Item 8.2

8.2. Strategic Direction for nine Deferred Sites in Bega Valley Local Environmental Plan 2013

This report seeks Council’s resolution of a strategic direction for nine sites currently deferred in Bega Valley Local Environmental Plan 2013 and to proceed with the preparation of Planning Proposals for six of those sites.

Director Planning and Environment

Background

The gazettal of Bega Valley Local Environmental Plan (BVLEP 2013) left a number of sites throughout the Shire as ‘Deferred Matters’ as the zonings and/or lot sizes proposed by landowners represented a significant departure from the exhibited draft Bega Valley Local Environmental Plan (draft BVLEP 2010) or required more detailed investigations.

Council is requested to resolve a strategic direction for each of the following nine (9) sites and for planning proposals to be prepared for Sites 1 to 6 .

Site #	Subject Site
1	Boydtown Property (excluding the area around the Seahorse Inn)
2	Summerhill Rd, South Pambula
3	Princes Highway, South Pambula
4	Old Mill Road, Wolumla
5	Princes Highway, Millingandi
6	Mandeni, Sapphire Coast Drive
7	Wolumla - Candelo Road, Wolumla
8	Clarke Street, Wolumla
9	Scott Street, Wolumla

Proposed Strategic Direction

Site 1 – Boydtown Property (excluding the area around the Seahorse Inn)

The Southern Joint Regional Planning Panel (JRPP) examined the Boydtown property in detail, following the submission of a Masterplan and Planning Proposal by the property owner. The JRPP made explicit recommendations with regard the zoning of the majority of the Boydtown property. These recommendations were endorsed by the Minister for Planning and Environment.

Following the JRPP decision, officers have been in ongoing discussions with representatives of the site’s owner. The owner has been strongly encouraged to focus on the area east of the Princes Highway, around the Seahorse Inn and proposed marina. Council has recently received a Planning Proposal covering this area, which will be the subject of a future report to Council.

Officers recommend the remainder of the site revert to the 2010 exhibited zonings of E2 and E3 in accordance with Council Policy applied across the Shire for sensitive coastal and forested lands, with the exception of the cleared paddocks north of the Nullica Short Cut Road, subject to the existing sand mining development approvals. It is recommended this land be zoned RU2 Rural Landscape and the north – south drainage line be protected by an E2 Environmental Conservation zoning.

Further it is advised a Planning Proposal from the property owner has recently been received for this land. The Planning Proposal requests zonings and lot yields that are inconsistent with the Decision of the JRPP, inconsistent with the position of the Minister for Planning and Environment, inconsistent with Council Policy applied across the Shire for sensitive coastal and forested lands and is therefore not supported by Council officers.

A copy of the owner’s Planning Proposal is included as Attachments 1 to this report. Five appendices have been lodged with the main report covering the subjects of Water Management Investigation; Economic Impact Assessment; Plans; Visual Impact Assessment; and Constraints Analysis. The appendices will be tabled at the Council Meeting.

Recommendation: That the land north of Nullica Short Cut Road be zoned RU2 (120ha) and E2 (no lot size); the remainder of the land west of the Princes Highway be zoned E3 (10ha) and E2 (no lot size); and the south eastern section of the property adjoining the Towamba River estuary be zoned E3 (40ha) and E2 (no lot size).

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	E2, E3	E2, E3, RU2
Lot Sizes	10ha, 40ha, 120ha	10ha, 40ha, 120ha

Site 2 - Summerhill Rd, South Pambula

The Summerhill Road, South Pambula site is approximately 25ha in size and adjoins the southern edge of the existing South Pambula residential area. The site was deferred from the BVLEP 2013 subject to further investigation in the ‘Zenith Review’ of lands in Pambula and South Pambula. The ‘Zenith Review’ concluded the land was unsuitable for standard residential development. As such officers proposed an E4 Environmental Living zoning with a 1ha lot size as part of the subsequent ‘Pambula and South Pambula Residential Land’ Planning Proposal, which was endorsed by Council at its meeting of 7 May 2014. This proposal was rejected by the Gateway Panel citing concerns around flora and fauna, bushfire, highway access and land supply.

Council officers have since undertaken detailed consultation with the Office of Environment and Heritage (OEH), Rural Fire Service (RFS) and Roads and Maritime Services (RMS), including site visits. Based on these consultations and further site studies, a revised zoning pattern and minimum lot size is proposed as shown below.

Recommendation: That the land be zoned E4 with an 1ha lot size applied to the substantially cleared, eastern section of the property and a 5ha minimum lot size be applied to the western, more heavily vegetated section of the property.

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	RU2	E4
Lot Sizes	120ha	1ha, 5ha

Site 3 - Princes Highway, South Pambula

Site 3 occupies the small rural valley to the south of Summerhill Road, Pambula and is approximately 40ha in size. The owner of the site has submitted a Planning Proposal for the site that seeks to have the property zoned E4 with a split of 2ha and 8ha minimum lot sizes. Council had previously resolved to support an E4 zone and lot sizing between 5ha and 10ha.

As with Site 2, this property faces significant highway access challenges. The site’s owners are currently in discussion with the owners of Site 2 and another neighbour to the north with a view to developing a comprehensive access strategy for the three properties for a new highway intersection. Officers have provided detailed feedback to the owners’ consultant with regard lot yield, access, onsite sewage management and native vegetation. The Department of Planning and Environment also requested further investigations of local land supply to justify the rezoning of this site.

Recommendation: That the land be zoned E4 with a 5ha minimum lot size and the consultant acting for the owner be advised and encouraged to submit a revised Planning Proposal based on this zoning and lot size.

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	RU2	E4
Lot Sizes	120ha	5ha

Site 4 - Old Mill Road, Wolumla

Properties along Old Mill Road have previously been subdivided using concessional allotment entitlements, resulting in over 20 small rural residential lots adjoining Old Mill Road. Site 4 is located among a cluster of these small lots. It has been the subject of extensive discussions between the owners, Council, OEH and RFS.

The site has extensive native vegetation coverage over the southern portion of the property. Both OEH and RFS have concerns regarding this section of the property and do not support subdivision of this area. OEH and RFS have both provided in principal support for a draft subdivision concept based on an E4 zoning of the disturbed land fronting Old Mill Rd and an E3 zoning of the heavily vegetated southern section of the property. It is proposed to apply a 2ha lot size to the E4 zone and 30ha minimum lot size for the E3 zoned land.

As with the previous sites in this report, the Department of Planning and Environment has requested more justification for the rezoning of this site, with a particular focus on local land supply.

Recommendation: That the land fronting Old Mill Road be zoned E4 with a 2ha lot size. The remainder of the property be zoned E3 with a 30ha lot size.

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	RU2	E4, E3
Lot Sizes	120ha	2ha, 30ha

Site 5 - Princes Highway, Millingandi

Site 5 covers an area of 18ha on the western side of Merimbula Lake adjacent to Millingandi Creek. The site was exhibited with an E3 zoning and a 120ha minimum lot size, which would prevent any further subdivision. The site was deferred following an address to Council in which a 5ha minimum lot size was requested. The 5ha minimum lot size was supported by Council, provided an On-site Sewage Management (OSSM) report was prepared to confirm the site’s suitability for further subdivision.

The OSSM report has recently been completed and indicates that Site 5 is only suitable for one (1) additional lot, unless adjoining land (shaded green on the figure below) can be acquired to provide for further effluent treatment capacity. The owner of the site is currently negotiating to purchase the neighbouring land. Should this purchase be achieved, the OSSM report indicates the newly expanded property has the capacity for a maximum of three (3) lots (including the existing dwelling).

Council officers recommend the land retain its E3 zoning with a 7ha minimum lot size, providing for one (1) additional lot. Should the neighbouring land be purchased and incorporated into Site 5, the 7ha lot size would result in a total of two (2) additional lots.

Recommendation: That the land be zoned E3 with a 7ha minimum lot size.

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	E3	E3
Lot Sizes	120ha	7ha

Site 6 - Mandeni, Sapphire Coast Drive

Site 6 was deferred from BVLEP 2013 to allow for the owner to prepare a comprehensive masterplan for the property. Council requested that key aspects to be covered in the masterplan were to include the relocation of existing approved lots away from high conservation value forest and a detailed socio-economic and servicing strategy, to enable consideration to be given for the subdivision of the existing tourist cabin development. Council has yet to receive an updated masterplan for the site.

Council has previously considered the relocation of the existing development entitlements and subdivision of the cabins through a workshop and site visit. The relocation of the existing development entitlements to the ‘racecourse paddock’ was supported on the proviso that the relocated lots would not be located within the forest fringe. The relocation of the development entitlements will require an amendment of the exhibited zoning from RU2 to E4 for this part of the property. The high conservation value forest currently zoned E4 in the eastern section of the property would be changed to E2.

Due to the lack of a socio-economic and servicing strategy being received to support the cabin subdivision, it is proposed to “un-defer” this section of the property to the exhibited E4 zoning. Should the owner wish to continue to pursue the subdivision of the cabins, they are able to submit a planning proposal in the future based on the requested socio-economic and servicing studies.

Recommendation: That the land be zoned and lot sized E4 (1ha), RU2 (120ha) and E2 (no lot size).

	Draft BVLEP 2010	Recommendation for 2016 Planning Proposal
Zones	E4, RU2	E4, RU2, E2
Lot Sizes	1ha, 120ha	1ha, 120ha

Sites 7, 8 and 9 are included in the draft Wolumla Growth Strategy currently being prepared by staff and recently presented to Councillors in a workshop session.

Site 7 - Wolumla - Candelo Road, Wolumla

Site 7 was originally deferred from BVLEP 2013 based on the need for the owner to undertake master planning for the site, preferably in cooperation with the neighbouring property (Site 8), to ensure a consistent, well planned expansion of the Wolumla village and rural residential land.

Council has not been provided with any further supporting documentation, studies or concepts for this land. As such officers have developed proposed zonings for the site, based on an overall draft strategic vision for the future growth of Wolumla. The site has several environmental, physical (large drainage lines, topography) and servicing constraints, which have been considered as part of the recommendation for this property.

Part of the property fronting Wolumla – Candelo Road is proposed for the future expansion of the village.

Recommendation: That the strategic direction for the land in the draft Wolumla Growth Strategy be E4 with a 4ha lot size, E2 with a 30ha lot size south of Wolumla Road and R2 with a 550m² lot size for further investigation and report back to Council.

	Draft BVLEP 2010	Recommendation for Further Investigation
Zones	RU4, E2	E4, E2 and R2
Lot Sizes	2ha, 10ha	4ha (E4), 30ha (E2 south of Wolumla Road), 550m² (R2)

Site 8 - Clarke Street, Wolumla

Site 8 directly adjoins the eastern boundary of site 7 and the western side of the current village. The site was exhibited with a mix of RU5 Village, RU4 Primary Production Small Lot and E2 zonings, however was subsequently deferred as a result of the owners requesting an expansion of the RU5 zone and consideration of B5 Business Development zone adjacent to the Highway. The owners were encouraged to undertake further master planning of the site to demonstrate how it could be integrated and connected to the existing village.

The site’s owners have engaged consultants to undertake detailed master planning for the site, based on the expansion of the existing village footprint and connectivity to the existing road network of Wolumla. They are also considering a small area of commercially zoned land within their holding. The location of the commercial land proposed by the owners has not been finalised, however officers are of the opinion a B4 Mixed Use zone near to the existing centre of the village is most appropriate subject to further investigation.

Recommendation: That the strategic direction for the land in the draft Wolumla Growth Strategy be R2 with a 550m² lot size, B4 (no lot size), B5 (no lot size) and RE1 (no lot size) for further investigation and report back to Council.

	Draft BVLEP 2010	Recommendation for Further Investigation
Zones	RU4, RU5, E2	R2, B4, B5 and RE1
Lot Sizes	1,000m²	550m² (R2)

Site 9 - Scott Street, Wolumla

Site 9 was deferred from BVLEP 2013 following a request from the landowner for a smaller minimum lot size over the proposed R5 Large Lot Residential zone. The proposed R5 zone encompasses 50ha of former grazing land, which is largely cleared with a series of major drainage lines, running across the property. The R5 zoned area was exhibited with a 2ha lot size, however the land owner requested a 2,000m² minimum lot size.

Council officers are recommending a 2ha minimum lot size be retained for this part of the property, as this potentially provides a lot yield of 25 lots. The Lot Averaging clause can be used to achieve a range of lot sizes to address the site’s topographical constraints. The draft Wolumla Growth Strategy, if adopted by Council, would result in a large increase in both residential and rural residential land supply around Wolumla meeting projected demands for the next 25 years. As such there is no justification for a smaller minimum lot size to the R5 zone within site 9.

The exhibited RU5 Zone that covers a recently approved residential subdivision south of Wolumla – Candelo Road and west of Scott Street is proposed to be converted to a R2 zone through the draft Wolumla Growth Strategy. It is proposed to retain the exhibited E2 and RU2 zones on the remainder of the property.

Recommendation: That the strategic direction for the land in the draft Wolumla Growth Strategy be R2 with a 550m² lot size, R5 with a 2ha lot size, RU2 with a 120ha lot size and E2 (no lot size) for further investigation and report back to Council.

	Draft BVLEP 2010	Recommendation for Further Investigation
Zones	RU5, R5, RU2, E2	R2, R5, RU2, E2
Lot Sizes	1,000m², 2ha, 120ha	550m², 2ha, 120ha

Consultation

If adopted by Council, planning proposals prepared for sites 1 to 6 will be placed on public exhibition following Gateway determination from the Department of Planning and Environment. Sites 7 to 9 require further investigation by staff and report back to Council prior to public exhibition.

Conclusion

This report provides strategic direction to Council officers to move forward with the finalisation of six deferred sites. Should the recommendations of this report be adopted, Planning Proposals will be prepared for Sites 1- 6 to amend the BVLEP 2013 in accordance with those recommendations.

The report also provides strategic direction for Sites 7 – 9 to enable staff to further investigate those sites in the context of the draft Wolumla Growth Strategy (currently under preparation). Once prepared, it is proposed that the draft strategy be reported to Council with the aim of facilitating public exhibition at that time.

Attachments

1 . Boydtown Planning Proposal (from the owner)

Recommendation

1. That the zoning and lot sizes for Sites 1 - 6 be as follows:

a) Site 1 – Boydtown Property (excluding the area around the Seahorse Inn)

That the land north of Nullica Short Cut Rd be zoned RU2 (120ha) and E2 (no lot size); the remainder of the land west of the Princes Hwy be zoned E3 (10ha) and E2 (no lot size); and the south eastern section of the property adjoining the Towamba River estuary be zoned E3 (40ha) and E2 (no lot size).

b) Site 2 - Summerhill Rd, South Pambula

That the land be zoned E4 with a 1ha lot size applied to the substantially cleared, eastern section of the property and a 5ha minimum be applied to the western, more heavily vegetated section of the property.

c) Site 3 - Princes Highway, South Pambula

That the site be zoned E4 with a 5ha minimum lot size and the consultant acting for the owner be advised and encouraged to submit a revised Planning Proposal based on this zoning and lot size.

d) Site 4 - Old Mill Road, Wolumla

That the land fronting Old Mill Road be zoned E4 with a 2ha lot size. The remainder of the property be zoned E3 with a 30ha lot size.

e) Site 5 - Princes Highway, Millingandi

That the land be zoned E3 with a 7ha minimum lot size.

f) Site 6 - Mandeni, Sapphire Coast Drive

That the land be zoned and lot sized E4 (1ha), RU2 (120ha) and E2 (no lot size).

2. That staff be authorised to forward Planning Proposals to the Department of Planning for Gateway determination for Sites 1 - 6 as per the zoning and lot sizes resolved above.

3. That following Gateway determination the Planning Proposals be placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of the subject land into Bega Valley Local Environmental Plan 2013.

4. That the strategic direction for further investigation of Sites 7 - 9 in the draft Wolumla Growth Strategy be as follows:

a) Site 7 - Wolumla - Candelo Road, Wolumla

That the land be zoned and lot sized E4 (4ha), E2 (30ha south of Wolumla Rd) and R2 (550m²).

b) Site 8 - Clarke Street, Wolumla

That the land be zoned and lot sized R2 (550m²), B4 (no lot size), B5 (no lot size) and RE1 (no lot size).

c) Site 9 - Scott Street, Wolumla

That the land be zoned and lot sized R2 (550m²), R5 (2ha), RU2 (120ha) and E2 (no lot size).

5. That once prepared by staff, the draft Wolumla Growth Strategy be reported to Council with the aim of facilitating public exhibition at that time.

Council 20 July 2016

Item 8.3

8.3. Bega Valley CLEP 2013 Minor Amendments

This report requests Council to resolve to prepare a Minor Amendments Planning Proposal to rectify minor mapping errors and heritage omissions and adjust land use tables within Bega Valley CLEP 2013.

Director Planning and Environment

Background

The implementation and application of Bega Valley Local Environmental Plan 2013 (BVLEP 2013) has inadvertently resulted in a number of minor zoning and heritage mapping errors. Several heritage items require their status to be updated in the Schedules of the BVLEP 2013, whilst staff have identified the need to update land use tables to ensure certain activities are permissible. In order to make these minor amendments to BVLEP 2013, a Planning Proposal is required.

Staff have made representations to the Department of Planning and Environment, requesting that a more efficient and streamlined approach be adopted by the Department in dealing with these minor matters. At this stage there has been no response to these initiatives.

The Planning Proposal will be structured as follows;

a) Zoning Map Amendments

b) Heritage Map and Schedule Amendments

c) Land Use Table Amendments

d) BVLEP Clause Amendment.

Strategic

The Planning Proposal would make minor, but important amendments to the BVLEP 2013. These changes are important to ensure that the BVLEP remains contemporary and meets the requirements of the land owners, the wider community and Council’s Strategic direction.

a) Zoning Map Amendments

Fifteen parcels of land have been found to be incorrectly zoned on the BVLEP 2013 Land Use Zoning Maps. The zoning errors are considered minor in nature and do not have any significant economic, environmental or social impacts. Table 1 details the proposed mapping amendments.

Table 1: Land Use Zoning Map Amendments

Location	Property	Landuse	Current zoning	Amended zoning
Bega	Lot 8 Sec 2 DP 1085	Vacant	Public Recreation RE1	Light Industrial IN2
Brown Mtn	Lot 1 DP 746820	Power Station	National Park E1 (part only)	Environmental Management E3
Candelo	Lot 1 DP 811091, Lot 323 DP 44296	Candelo Swimming Pool	Rural RU1	Public Recreation RE1
Cobargo	Lot 22 Sec 7 DP 485	Dwelling	Public Recreation RE1	Village RU5
Eden	Part Lot 12 DP 829854	Dwelling	Public Recreation RE1	Low Density Residential R2
Eden	Part Lot 142 DP 567009	Dwelling	Public Recreation RE1 (part only)	Low Density Residential R2
Eden	Lot 78 DP 809238, Lot 30 DP 703279	Bushland Public Reserve	Low Density Residential R2	Environmental Conservation E2
Merimbula	Lot 51 DP 883129	Bushland Public Reserve	Low Density Residential R2	Environmental Conservation E2
Mogareeka	Lot 13 DP 710669	Dwelling	Public Recreation RE1	Environmental Living E4
Quaama	Lots 1 – 3 Sec 8 DP 758860	Quaama Park	Village RU5	Public Recreation RE1
Tathra	Lot 7 DP 263659	Dwelling	Public Recreation RE1	R2 Low Density Residential
Towamba	Lot 8 DP 107143	Towamba Rec. Reserve / Hall	Village RU5	Public Recreation RE1
Wyndham	Lot 10 DP 607581	Dwelling	Public Recreation RE1	RU5 Village
Wyndham	Lot 1 DP 1172468	Tennis Courts	Village RU5	Public Recreation RE1

b) Heritage Map and Schedule Amendments

Ten heritage items have been identified as needing amendment on the Heritage Mapping Overlays or Schedule 5 of the BVLEP 2013. This includes the addition of the historic public baths at the southern of Aslings Beach and ‘Thompsons Point Baths’ in Snug Cove, Eden. The proposed amendments are detailed in Table 2.

Table 2: Heritage Mapping and Schedule Amendments

Heritage Item	Issue	Mapping Amendment	Schedule 5
Eden Public School – building circa 1857	Heritage item mapped on wrong lot.	Amend map to correct lot	N/A
Eden Hopeton House A//163156 3-5 Bass Street	Lot D//164277 contains the main house, but it is not listed in Schedule 5 or on the Heritage maps.	Add to map	List on Schedule
Boydtown	Listing and mapping incorrect. Lot 13 DP 608730 listed as Lot 18.	Amend map to correct lot	Amend Schedule
Kameruka Cemetery	Lot 140 DP 1064610 is not on the map or on the Schedule.	Add to map	List on Schedule
Eden Ocean Swimming Pools	Aslings Beach Rock Pool (formerly Eden Memorial Swimming Pool) & Thompsons Point Baths, Snug Cove	Add to map	List on Schedule
Eden Killer Whale Museum	Both lots missing from Heritage map. One of 2 lots missing from Schedule 5.	Add Lot DP 48609 & Lot 1 Sec 6 DP 758379 to Heritage Map.	Add Lot 1 DP 48609 to Schedule
Bemboka Kameruka Street Lot 10 Sec 11 DP 758087	Incorrectly mapped as Heritage but this lot has no buildings or other heritage significance.	Remove from Heritage Map	N/A
Bemboka 71 – 73 Loftus Street Hobbs Cottage and Store	Lot 14 DP 805581 containing the Hobbs Cottage and Hobbs Store is not on the Heritage map.	Add to Heritage Map	N/A
Eden 243 Imlay Street Lot 1 DP 731580	Should have been transferred from BVLEP 2002 LEP but was left off Schedule 5	Add to map	List on Schedule
Bega Old Bega Racecourse Grandstand Lot 320 DP 873498	Should have been transferred from BVLEP 2002 LEP but was left off Schedule 5	Add to map	List on Schedule

c) Land Use Table Amendments

The following changes are recommended to the land use tables of the BVLEP:

Recommendation - Add ‘information and educational facilities’ to Medium Density Residential Zone (R3 zone)

Rationale – This matter was prompted by Eden Killer Whale Museum Committee which is considering an expansion of the current facility on to adjoining land. The land under consideration is zoned R3 Medium Density Residential which prohibits ‘information and educational facilities’. On consideration, planning staff are of the opinion that information and educational facilities should be permitted with consent in the R3 zone across the Shire. It should be noted that information and educational facilities were previously permitted in the equivalent 2(b) Medium Density Zone under BVLEP 2002. Amenity issues generated by such land uses are generally minor and can be properly assessed at the development application stage.

Recommendation - Add ‘restaurants and cafes’ in Neighbourhood Centres (B1 zone)

Rationale - Currently there are several restaurants and cafes across the Shire operating on land zoned B1 Neighbourhood Centre. They are prohibited in the land use tables and operate under existing use rights. To provide future certainty for small business, it is proposed to allow ‘restaurants and cafes’ in the B1 Neighbourhood Centre zone.

d) CLEP Clause Amendment

Allowing a larger floor space for kiosks

Recommendation – amend clause 5.4(6) to replace 20m²with 50m²

Rationale - There has been discussion amongst planning staff regarding the restrictive floor space limit of 20m² for kiosks described at Clause 5.4(6) of BVLEP 2013. Under BVLEP 2002 kiosks were permitted to have a floor space of 50m². This was inadvertently reduced to 20m2 in the current BVLEP 2013. A floor space of 50m² is considered an appropriate and functional size for kiosk operations. The 30m² increase in floor space will allow, for example some additional seating and better functioning kitchens. It is proposed to change the limit listed at Clause 5.4(6) of the BVLEP 2013 from 20m² to 50m².

Consultation

There has been no public consultation on these proposed changes. With Council approval, there will be a formal public exhibition period if the planning proposal proceeds past the Department of Planning’s Gateway process.

Conclusion

The proposed amendments to BVLEP 2013 detailed in this report are of a minor nature. In a number of cases the proposed changes simply correct mapping or typographical errors. The proposed changes to land use tables and Clause 5.4(6) will support the activities of hospitality and tourism businesses and provide certainty for café and restaurant owners in Neighbourhood Centres (B1 zone) currently operating under existing use rights.

Attachments

Nil

Recommendation

1. That Council resolves to adopt the land use zone mapping amendments as listed in Table 1 of this report.

2. That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Table 2 of this report.

3. That Council resolves to permit with consent ‘information and educational facilities’ in the Medium Density Residential Zone (R3 Zone).

4. That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5. That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6. That items 1-5 above form the basis of a ‘Minor Amendments Planning Proposal’ to be prepared by staff and forwarded to the Department of Planning and Environment for Gateway Panel determination.

Council 20 July 2016

Item 8.4

8.4. Report on public exhibition of South Pambula Residential Land Planning Proposal

The purpose of the report is to detail the outcomes of the public exhibition of the Planning Proposal to rezone various lots in South Pambula R2 Low Density Residential and RU2 Rural Landscape zones.

Director Planning and Environment

Background

Council at its meeting held on 7 May 2014 gave consideration to a report recommending the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) be amended to rezone various land in Pambula and South Pambula areas to R2 Low Density Residential and RU2 Rural Landscape zones. The resolution of that Council meeting included the following:

“1. That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

“1.3. Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212, Lot 510 & 511 DP877207, Part Lot 11 and Lot 12 DP1076297 and Part Lot 321 DP1098908 identified in Map 4 as Area 3 be rezoned to part RU2 Rural Landscape and part R2 Low Density Residential. Those lands to be zoned R2 shall have the Floor Space Ratio Maps be amended to incorporate 0.5:1 and Minimum Allotment Size Maps be amended to incorporate a minimum allotment size of 550m²” (Referred to as site 1 in this report)

“1.5. Lot 9 DP700570 and Lot 10 DP563110 be zoned R2 Low Density Residential, that the Floor Space Ratio Map be amended so both allotments reflect a ratio of 0.5:1 and that the Minimum Allotment Size Map be amended so both allotments have a minimum allotment size of 550m²” (Referred to as site 2 in this report)

2. That Council proceed with a Planning Proposal for those lands identified above … and, if agreed by the Minister for Planning, exhibit the subject properties identified in accordance with the adopted recommendations”

See Attachment 1 – Location, Zoning and Lot Size maps

Exhibition of Planning Proposal

Council received delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure and Gateway Panel approval on 11 April 2015.

In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 28 days from 11 May to 10 June 2016. The exhibition period was extended for an additional period to 29 June 2016 to allow the community additional time to consider the proposal.

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to affected landowners and government agencies.

The Gateway Determination required consultation with NSW Rural Fire Service, NSW Office of Environment and Heritage, NSW Southern Rivers Catchment Management, NSW Department of Primary Industries Agriculture, NSW Department of Primary Industries Fisheries, NSW Department of Primary Industries Minerals and Petroleum, and NSW Roads and Maritime Services.

A total of 11 submissions were received, 6 from government agencies and 5 public submissions. A copy of the submissions will be tabled at the Council meeting.

Discussion of Submissions

NSW Rural Fire Service raised no objection to the proposed zoning for either site and is satisfied that the proposal is likely to be able to satisfy the required bushfire protection measures identified in Planning for Bushfire Protection 2006.

NSW Office of Environment and Heritage raised no objection to the proposed zoning for either site.

NSW Southern Rivers Catchment Management Authority advised that the agency does not provide comment at Planning Proposal stage, unless it is likely that there will be a consent requirement for clearing of native vegetation under the Native Vegetation Act 2003.

NSW Department of Primary Industries Agriculture raised no objection to the proposed zoning for either site and is satisfied that the proposal will not adversely impact on agricultural viability of the land.

NSW Department of Primary Industries Fisheries raised no objection to the proposed zoning for either site as both sites can be serviced by a reticulated sewage system.

NSW Department of Primary Industries Minerals and Petroleum raised no objection to the proposed zoning for either site and is satisfied that the proposal will not impact mineral/extractive resources in South Pambula.

NSW Roads and Maritime Services raised concerns with access as depicted in the conceptual subdivision layout in relation to the Furner Street/Princes Highway intersection. RMS indicated that it did not support the access in its proposed location as safe intersection sight distance in both directions would not be achieved. Following a site inspection with RMS and Council staff it was acknowledged that there was sufficient area along the southern boundary of the proposed R2 area to accommodate an alternative access.

NSW Roads and Maritime Services raised no objection to the proposed zonings, however noted that any future access off the Princes Highway must be in accordance with Austroads Guide to Road Design.

Issues raised in the public submissions are outlined below followed by staff comment:

The proposed lot size of 550sqm for both sites may have adverse impacts on existing character and rural amenity for adjoining residents.

· Staff have reviewed the proposed lot size of 550sqm for both areas and consider it appropriate due to its suitability for affordable residential development. The proposed lot size provides a logical extension of the 550sqm lot size that applies to the South Pambula area to the north west on either side of Mount Darragh Road.

As part of the assessment process for any future development applications for the subdivision of land, the lot size and layout would be assessed on merit in accordance with the requirements of Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013.

Safe vehicular access off the Princes Highway for both sites

· As part of the assessment process for any future development applications for the subdivision of land, access requirements would have to be in accordance with Austroads Guide to Road Design and integrated approval given by NSW Roads and Maritime Services, including safe intersection sight distance.

Cost of road upgrade to Furner Street

· The cost for the provision of additional infrastructure and upgrade of existing infrastructure associated with any future subdivision applications would be at the developer’s cost.

Rezoning of flood affected land to the north of Furner Street

· The portion of flood affected land to the north of Furner Street is not in the planning proposal and will remain RU2 Rural landscape zone. No flood liable land is proposed to be zoned for residential purposes.

Establishment of riparian protection buffers zones

· A riparian corridor has been identified in the south eastern corner of the proposed R2 zone of Site 1. Any future subdivision application would have to be designed so as to maintain this buffer zone.

Conclusion

The Planning Proposal provides for additional supply of residential opportunities to meet future demand in South Pambula.

Council staff have s considered the issues raised in the submissions, including those from state agencies and the community, and consider that no changes to the Planning Proposal (as exhibited) are warranted.

Attachments

1. Location, Zoning and Lot Size maps

Recommendation

1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as shown in Attachment 1 of the report.

2. That, using the delegations issued by the Minster for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That all those persons who have made submissions be advised of the Council decision.

Council 20 July 2016

Item 8.6

8.6. Report of Public Hearing - Reclassification of Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka

The purpose of this report is to detail the outcomes of the public hearing of the Planning Proposal to reclassify Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka from ‘Community land’ to ‘Operational land’.

Director Planning and Environment

Background

The Hoskins Street Bemboka site was formerly utilised as the Bemboka Community Health Centre and administered by the NSW Department of Health. In 2004 the NSW Department of Health commenced a process to dispose of the property. In response to concerns expressed from the Bemboka community, Bega Valley Shire Council acquired the property in 2007 for a “peppercorn” amount. It was classified as Community Land and a positive covenant imposed to ensure it was used for the purposes of a health facility. Council resolved to commence the preparation of a Plan of Management and conduct formal lease negotiations with the Bemboka Community Health Centre Committee.

Since that time a formal community group to manage the health facility has not been involved as was planned under a formal arrangement to manage, operate and maintain the facility and subsequently the objective of retaining a functional health facility for the community has not been achieved. Council has incurred costs since the acquisition of the property related to maintenance and insurance.

Council resolved on 2 September 2015 to request NSW Health Infrastructure to remove positive covenant “AD46” from the title to the property and to reclassify the property as Operational Land. Staff are currently finalising the removal of the covenant with NSW Health.

The Resolution of that Council meeting included the following:

“1. That Council formally request NSW Health Infrastructure to remove positive covenant number AD46 from the title of Lot 5 Section 7 DP 758087, Hoskins Street, Bemboka.

“2. That following removal of the covenant, Council engage the services of a planning consultant to prepare a planning proposal to reclassify the land from Community to Operational under Schedule 4 of the Local Environmental Plan and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination”

Legal

Council received a Gateway Determination for the Planning Proposal under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure on 6 November 2015. In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 28 days from 20 November to 18 December 2015 and 42 public submissions were received by Council.

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to adjoining land owners.

The Gateway Determination did not require consultation with any public authorities or Government Agencies under section 56(2)(d) of the Environmental Planning and Assessment Act 1979 (the Act).

Zenith Town Planning were engaged by Council to undertake the formal Public Hearing process. The Public Hearing was held in the Bemboka Town Hall on 22 February 2016 in accordance with section 57 of the Act. The public hearing was notified on Council’s website, in local newspapers and in writing to adjoining land owners. The Report of Public Hearing that was prepared by Zenith Town Planning is Attachment 1 of this report.

Consultation

Approximately 50 members of the public attended the hearing.

The following section summarises the submissions presented at the public hearing.

Nine (9) members of the public made verbal submissions.

Issues raised in the submissions were as follows:

a) The wording of the notice advising of the public hearing in local media and posted at Bemboka Post Office was misleading as it indicated that the purpose of the public hearing was to discuss the future use of the land and where proceeds of the sale would be spent.

Council Officer comment:
Although not specific to the village of Bemboka, the wording of that notice is considered clear and unambiguous, advising that the reclassification is to enable the property to be sold, with proceeds allocated to existing local community facilities and programs. Unfortunately some attendees at the public hearing had expectations of the meeting that were not met having anticipated the allocation of funds would be discussed and debated.

b) The yards and fence are currently maintained by neighbours. However, the building is in poor condition due to lack of maintenance, contains asbestos, is a health hazard and should be demolished. It was suggested that Council carry out the demolition to ensure that it is done safely.

Council Officer comment:
There was divided opinion as to whether the land should be reclassified and sold with some submitters indicating their support for the planning proposal and others suggesting the land should stay in community ownership, be restored and be used by the Bemboka community.

c) The community expressed unanimously that, should the reclassification proceed and the land be sold, all proceeds of sale should be used for the benefit of the Bemboka community.

Council Officer comment:
The process to reclassify lands does not include decisions regarding disposal of the land or where the proceeds are to be allocated. There are separate avenues to make submissions to Council regarding these matters.

Strategic

Recommendations of Planning Consultant

The Report of Public Hearing as attached to this report makes the following conclusion and recommendations;

Conclusion

The conduct of the public hearing satisfied the procedural requirements of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993. No actions arise in response to the public hearing.

Reclassification of the land to operational is supported as the intended use of the building has not materialized and substantial costs are being incurred by Council for maintenance and insurance. Following reclassification, the land may be used for a purpose that is permitted with or without consent in zone RU5 Village.

The condition of the building is not known and sale of the land may lead to the refurbishment of the former health centre building for an alternative use. At that time the community may have input during the assessment of a Development Application. If the land is sold and demolition is proposed then such would need to be carried out in accordance with legislation and policy regarding the handling and disposal of asbestos materials.

The notice of the public hearing is appended to this report. Although not specific to the village of Bemboka, the wording of that notice is considered clear and unambiguous, advising that the reclassification is to enable the property to be sold, with proceeds allocated to existing local community facilities and programs. Unfortunately some attendees at the public hearing had expectations of the meeting that were not met having anticipated that the allocation of funds would be discussed and debated.

Recommendations

The following recommendations are made in response to matters raised during the public hearing:

• The reclassification of Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka proceed and an amendment made to Bega Valley LEP 2013 to include the property in Schedule 4 Part 1 Land classified, or reclassified, as operational land – no interests changed

• Should Bega Valley Shire Council resolve to sell the land then the proceeds of sale be allocated to a community use in the village of Bemboka that supports the health and wellbeing of residents

Policy

Council has an adopted Land Investment Strategy that provides that land may be identified as no longer required for strategic purposes. Such Council owned property may be divested.

Asset

Council has held the Bemboka house property since 2007 with restriction on use and no community group undertaking management and responsibility for the site. There have been costs related to the building, including insurance over that period but no income and the costs associated with returning it to an operational community facility are not currently available in Council’s Building Asset Management Plan. Quotations were obtained by Council staff in 2012 for immediate works required to comply with current standards for its continued use as a public building. Those works were in the order of $60,000 at that time.

Social / Cultural

Council has recently received representation from a local community group in Bemboka, who have expressed interest in purchasing the building from Council. They have been discussing options with Council’s Community, Relations and Leisure Group regarding the purchase of the building and its range of potential community focused uses. These discussions will be the subject of a future report to Council.

Conclusion

The reclassification of the Hoskins Street Bemboka site to Operational Land provides Council with an appropriate level of flexibility with regards to the ongoing administration, management or disposal of the site. This report recommends the reclassification of the site as Operational Land and Council Officers be authorised to move forward with examining options for its future use or disposal.

Attachments

1. Zenith Town Planning - Report of Public Hearing held on 22 February 2016

Recommendation

1. That Council proceeds to finalise the Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 by reclassifying Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka from ‘Community Land’ to ‘Operational Land’.

2. A further report be provided to Council regarding future uses of the site.

Council 20 July 2016

Item 8.8

8.8. DA No. 2015.437: Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

Director Planning and Environment

Applicant	Milestone (AUST) Pty Limited
Owner	Steelbull Pty Ltd
Site	Lot 11 DP 835239, Merimbola Street, Pambula
Zone	B2 Local Centre
Site area	10,013m²
Proposed development	Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

Precis

In accordance with the Resolution at the Council meeting held on 8 June 2016 a site visit was held by Councillors on 23 June 2016.

This report outlines the matters raised at the site meeting and also any issues raised in the deputations to the Council meeting that were not addressed in the previous report to Council.

Further, since the Council meeting of 8 June 2016 the applicant has provided additional details regarding the separation of delivery and customer vehicles onto Merimbola Street which satisfies traffic engineering requirements.

The Application is recommended for approval subject to the conditions in the Draft Consent.

Background

A Council officer report was submitted to the Council meeting held on 8 June 2016 with the following recommendation:

1. That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved on a deferred commencement basis subject to the draft deferred commencement Consent included as attachment 3 to this report.

2. That those persons who made a submission be advised of the Council decision.

Council resolved as follows:

1. The matter be deferred for a site visit by Councillors.

Description of the proposal

The Application seeks approval for the construction of a retail development comprising supermarket, liquor store and associated car parking, earthworks and signage.

The total floor area of the retail space would be approximately 920m².The proposed building would have a maximum height of between 5.8m and 7.3m and constructed of a combination of precast panels and metal cladding.

The proposal also involves the filling of the land to RL 3.84m AHD for the footprint of the retail space. The current RL of the land is approximately 2m AHD.

A total of 37 car parking spaces would be provided with access available from both Merimbola and Bullara Streets.

A one-way service vehicle access is proposed via a separate driveway from Bullara Street which would loop around the back of the proposed building to the loading dock then enter onto Merimbola Street.

All deliveries to the development would enter Bullara Street from the Princes Highway and be serviced by a 19 metre articulated vehicle and a 12.5 metre large rigid vehicle.

The applicant seeks consent for delivery hours to be between 7am and 6pm Monday to Friday, and between 8am and 1pm weekends and Public Holidays.

The applicant seeks consent to operate the supermarket and liquor store between the hours of 7am and 10pm, seven (7) days per week.

The proposal also involves the subdivision of the land into two (2) lots. Proposed Lot B being the development lot with an area of 2,994m²and proposed Lot A being the residue with an area of 7,019m². The proposed service vehicle access would, in part, be located on Lot A. It is proposed to create a right of carriageway over Lot A in favour of Lot B.

Description of the site

The subject site has an area of 10,013m², is located on the north eastern side of the intersection of Merimbola Street and Bullara Street, Pambula and is currently vacant.

The site is square shaped with a western frontage to Merimbola Street of 101m, a northern boundary of 101m, a southern boundary frontage to Bullara Street of 83m and an eastern boundary of 90m. The south eastern corner of the site wraps around an existing sewer pumping station, which is located on an adjoining lot (Lot 2 DP 569613). The site has a gentle fall towards Bullara Street to the south of approximately 1m to 1.5m.

The site is cleared and does not feature any significant topographical constraints. A pedestrian footpath and cycleway has been constructed along the Bullara Street frontage of the site.

The site is located on the south-eastern corner of the Pambula Town Centre. The site is adjoined by medium density residential land to the east and hardware and building supplies premises (being the Mitre 10 site) to the north. A commercial premises (being Lawrence and Hanson Electrical Wholesalers) and Council land containing a community garden, Pambula Playground and Bennett’s Lane bus stop is located on the opposite side of Merimbola Street to the west.

The Panboola Wetlands is located on the adjacent land on the southern side of Bullara Street.

Modified Proposal - Access onto Merimbola Street

The report to the Council meeting of 6 June 2016 identified that the proposed combined delivery and customer vehicle access onto Merimbola was unsatisfactory from a traffic safety and engineering perspective and recommended three alternative options that could be included in a ‘deferred commencement’ consent. Further discussions have been held with the applicant regarding this matter which has resulted in an amended plan which provides for a separate delivery and customer vehicle access arrangement which satisfies the traffic safety and engineering issues raised.

Attachment 3 – Amended access arrangements.

Details of Deputations to Council

Two deputations were made to Council on the proposed Development Application. Officers comment is provided on each of the deputations.

Mr Greg Ferguson, resident of Pambula

The majority of issues raised in Mr Ferguson’s deputation have previously been addressed in the report to Council of 8 June 2016. The following additional comments are provided by officers on several other matters.

Impact on heritage values and village character of Pambula

Impact on the heritage values of Pambula were assessed by Council’s Heritage Advisor and advice received included in the report to Council on 8 June 2016.

Officers consider the proposed development is a contemporary design that is low-scale in bulk and height with regards to the site context and the large buildings to the north and west of the site. The proposed design incorporates modern building materials appropriate for the type of retail development proposed and is considered to be of minimal impact to the heritage items and heritage conservation area of Pambula.

Environmental impact

The issues raised in relation to environmental impacts on Panboola Wetlands were addressed in the report to Council on 8 June 2016. Mitigation of any potential impacts on Panboola Wetlands are proposed to be addressed through compliance with the General Terms of Approval issued by the NSW Office of Water, which requires a Controlled Activity Approval to be granted prior to the issue of a Construction Certificate.

Officers consider the proposed development to be satisfactory in regard to these matters.

Social impact

The Statement of Environmental Effects provided by the applicant considers social impacts such as visible site entrances, opportunities for passive surveillance and safety within the locality.

The NSW Police Force were consulted in relation to this Application and advised the requirements for lighting, CCTV, and landscaping should be consistent with the principles of Crime Prevention Through Environmental Design and in accordance with Australian Standards. As a draft condition of consent, a lighting plan is required by Council prior to the issue of a Construction Certificate. The proposed landscaping between street frontages and carpark areas has been designed to encourage natural surveillance and clear sight lines. The development proposal includes a liquor outlet within the commercial development. Police will address licencing issues when the liquor licence application is made.

As part of the liquor licence application, the applicant would need to prepare and submit to the Office of Liquor Gaming and Racing (OLGR) a Community Impact Statement which would address social impacts associated with an additional liquor outlet in the community.

For the purpose of assessment of the Development Application, a liquor store is a retail outlet which is permissible in the zone, suitable crime prevention through environmental design provisions have been incorporated into the development and the limiting of trading hours is considered to be reasonable to minimise potential adverse social impact on the community.

Mr Kel Stolzenhein, resident of Pambula

Economic impact (Including impact on local businesses and devaluation of property prices)

The issues raised in Mr Stolzenhein’s deputation, regarding economic impacts, have been fully documented and considered in the officer's assessment as detailed in the report to Council of 8 June 2016.

It should be noted the findings of the Location IQ Economic Impact Assessment are consistent with those of the economic assessment report by Foresight Partners and provided as part of the previous supermarket Development Application for the site.

The impact on existing businesses within the township as a result of the proposed development, in terms of business competition, is not a matter for Council in its Planning Consent Authority role.

The impact on property values as a result of the development is also not a matter for Council in its Planning Consent Authority role.

Assessment of the subdivision in accordance with requirements of DCP 2013

All applicable matters have been addressed in a comprehensive DCP Assessment as an attachment to the assessing officer’s 79C Assessment. A copy will be available at the meeting.

Proposal does not include internal floor layout

Details of the internal fitout of the building would be required to be provided to Council prior to the issue of a Construction Certificate.

Councillor Site Visit

Council at its meeting on 8 June 2016 resolved to have the matter deferred for a site visit by Councillors.

The site inspection was undertaken on 23 June 2016. Additional information is provided below in relation to issues raised during the inspection.

Vehicle conflict at Merimbola Street access

The conflict at the exit onto Merimbola Street that was raised in the report to Council on 8 June 2016 has been satisfactorily addressed through the receipt of modified plans dated 15 June 2016 which provides for a separate service vehicle exit onto Merimbola Street.

Pedestrian connectivity with the main street precinct

The issue of connectivity to the main shopping area of Pambula (Quondolla Street), and the opportunity for a footpath link from the site to Quondolla Street via the Council carpark, was discussed. Initial investigation revealed there was the opportunity for a footpath to be constructed linking with Quondolla Street if considered appropriate by Council.

Redesign of building to be in keeping with Heritage Character of Pambula.

The design of the building and link with the Heritage theme of Pambula was discussed. Whilst it was acknowledged that the site was not within the designated Pambula Heritage Conservation Area the opportunity for a more sympathetic design was discussed. As a result of this discussion officers contacted the applicant to discuss the matter. In response the applicant confirmed the advice to the Council meeting of 8 June 2016 that whilst he was open to specific suggestions during the Development Application exhibition period, which were not forthcoming, he is not proposing any changes to the current design.

Access from the bike track along Bullara Street to the Panboola Wetland track

During the site visit it was identified that alternative arrangements for push bikes to cross Bullara Street from the end of the bike track to access Panboola Wetlands was required. This was as a result of the reconstruction works that would be required in Bullara Street should the proposal be approved. Council’s Transport and Utilities Group has addressed the matter and provided the following Draft Condition for Council’s consideration.

a) reconstruction of combined concrete footpath/cycleway along Bullara St, linking new footpath on corner of Merimbola St, to the existing footpath/cycleway on the Eastern boundary of the development. The new footpath/cycleway shall be constructed adjacent to the boundary of the development, to maximise the area available for landscaping between the back of kerb and the footpath/cycleway.

The existing crossing on the corner of Bullara St and Merimbola St, connecting the combined footpath/cycleway to Panboola Wetlands, shall be relocated to avoid the necessity of crossing 3 lanes of traffic. Connection via a combined footpath/cycleway on the South side of Bullara St shall be provided from the entrance of Panboola Wetlands to the location of the new Bullara St road crossing. The new road crossing and associated footpath/cycleway construction shall be in a location approved by Council.

Construction of combined footpath/cycleway to include the following:

· concrete pavement not less than 2.5 metres wide

· minimum concrete thickness 100mm

· minimum concrete strength grade 20MPa.

Conclusion

The proposed development is a permissible use in the zone with Development Consent and meets the objectives of BVLEP 2013 and BVDCP 2013.

The issues raised in the deputations received have been addressed in the previous report to Council on the 8 June 2016 and additional information has been supplied in this report following the Councillor site inspection.

The applicant has provided amended plans for the separation of delivery and customer vehicles onto Merimbola Street which satisfies traffic engineering requirements. Accordingly ‘deferred commencement’ consent is no longer recommended as per the previous report submitted to the Council meeting on 8 June 2016.

The Application is recommended for approval in accordance with the conditions in the Draft Consent.

Attachments

1. Locality Plan and Proposed Development Plans

2 . Draft Consent Conditions

3 . Amended access arrangements

Recommendation

1. That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved subject to the draft Consent included as attachment 2 to this report.

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

Council 20 July 2016

Item 9.1

9.1. Access Advisory Committee

Under section 355 of the Local Government Act 1993 Council appointed an Access Advisory Committee to provide advice and guidance on issues related to access across the Shire. This report provides an update on the successes of the Committee over the past two years, a request for extension of tenure and request for a Motion to be submitted to the Local Government NSW Annual Conference.

Director Community, Relations and Leisure

Background

The current Access Advisory Committee has been in place for approximately two years, however Council has had a Committee for more than 20 years. The role of the Committee is outlined in the Access Advisory Committee Guidelines adopted by Council in 2014 which states:

“The Bega Valley Shire Council Access Advisory Committee is a formal committee of Council that operates to assist Council in the development of strategies to reduce barriers and increase access to Council premises and public buildings for the residents within Bega Valley Shire. The committee also looks to provide advice and recommendations on Council policy and liaises with key stakeholders throughout the Shire.

The Access Advisory Committee advises and makes recommendations to Council on matters relating to access issues for people with disabilities as defined by the Disability Discrimination Act. The committee shall also provide advice and make recommendations to Council on matters relating to general accessibility of facilities within the Shire, not only in relation to people with a disability, but also for older people, parents with prams and other community members that will benefit from ease of access. The Committee shall have a strategic focus, liaising with Council on a range of accessibility and inclusion issues within the Shire.”

This report is presented to highlight the work of the Access Advisory Committee, seek an extension to the tenure of the current Committee and propose a Motion for the upcoming Local Government NSW Annual Conference.

Issues

Legal

The Access Advisory Committee is appointed under section 355 of the Local Government Act 1993.

Strategic

The Access Advisory Committee undertook a strategic planning session at the start of 2016 and identified a number of priorities it wanted to work on with Council throughout 2016. The strategic objectives were as follows:

· Update Committee Guidelines

· Access to commercial premises

· Promotion and raising awareness; and

· Accessible tourism promotion.

Following this session and in discussion with officers, the Committee resolved to submit a Motion to Council, which it would like tabled at the NSW Local Government Annual Conference in October 2016.

The proposed Motion is attached titled “Planning requirements for improved access for people with a disability”. In essence the concern of the Committee, as outlined in the supporting notes, is there needs to be improved triggers for works that improve access to commercial properties. The Committee believe the current triggers, which relate to a change of use or the value of works, are insufficient.

Operational Plan

Council's Community Strategic Plan, Under the Themes:

A Liveable Place, It states:

L3 Demonstrates respect and inclusion: We are a harmonious community where everybody is welcomed, respected and diversity is celebrated.

An Accessible Place, it states:

A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.

Social / Cultural

In general, Council has dissolved all 355 committees in the months before the September 2016 local government elections, these committees will be reformed committees under Resolution of the new Council.

Unlike other 355 Committees (i.e. General Halls Committee), the current membership of Access Advisory Committee has been in place for two years, not four. Given the status of a number of matters raised during the Committee's strategic planning process, officers are seeking a short extension of the tenure of the group through to the end of the 2016.

It is proposed that December 2016 would be the last meeting of this Committee. Officers would present a further report in the first half of 2017 to Council regarding the formation of a new Committee. A full recommendation from the Committee is attached for Council’s consideration.

Consultation

The Access Advisory Committee provides a key point of reference for Council in seeking advice and feedback regarding the development of public infrastructure throughout the Shire. The Committee have provided input into a number of issues and projects including:

· boat ramp designs and development at Mogareeka and Kianniny

· the Tura Marrang Library and Community Centre

· footpath issues around the Shire

· Tathra Headland trail proposal

· accessible tourism opportunities

· beach access opportunities at Pambula Beach, Bermagui and Merimbula

· accessible tourism opportunities and promotion

· the Bega Valley Commemorative Civic Centre

· commercial and retail shop access issues

· CBD master planning (Spiire plans)

· Lake Curalo path

· Bar Beach and Pambula River Mouth redevelopments

· picnic table design and locations

· disabled car park misuse

· wheelchair basketball day at Bermagui

· coastal access consultation

· amenities at Kisses Lagoon in Bega

· accessible playgrounds at Ford Park, Merimbula and Bega Park; and

· public toilet access audit for Spinal Cord Injury Australia.

Financial and Resources

The Access Advisory Committee has a notional allocation of $20,000 per annum to contribute towards access issues identified throughout the year. In 2015/16 this was used to facilitate and construct footpath repairs in Merimbula and Pambula, as well as assist with some of the cost of works outlined above.

Council currently has before it a proposal to move this notional allocation into a grants program run by the Committee to address access issues.

Funding source		Amount
Council	$	20,000

Conclusion

The Access Advisory Committee have and continue to provide input and advice into Council works and policies, thus providing better outcomes for the community at large, but in particular for people with a disability, the elderly or those with limited mobility.

Attachments

1. Extension of Access Advisory Committee tenure recommendation

2. LGNSW Annual Conference Motion - Planning requirements for improved access for people with a disability

3. Access Advisory Committee Project Photos

Recommendation

1. That Council note the successes and work of the Access Advisory Committee.

2. That Council resolve to submit the following Motion to the Local Government NSW Annual Conference 2016 for consideration by the assembly:

“That LGNSW advocate on changes to relevant legislation and/or regulation, including identifying resources, that require commercial operators to upgrade access and associated facilities to and within premises when any improvements/works/changes are undertaken, and that such works should include upgrade of the facilities available to the public in such buildings; and

That LGNSW advocate to the State Government, possibly through the State Disability Advisory Council, to develop an education and awareness program on the benefits of improving access to commercial premises and associated facilities.”

3. That Council approve a three month extension to December 2016 of the Section 355 Access Advisory Committee and its current membership being as follows:

· Mr Ronald Finneran OAM (Chairman)

· Mr Chris Sparks

· Mr Colin Dunn

· Mr Graham Carmody

· Ms Jennifer Dessens

· Mr John Reynolds

· Mr Nathan Johnston

· Ms Rosemary Oates; and

· Ms Sue Thomas.

Council 20 July 2016

Item 9.2

9.2. Council Grants Review

An internal review of grants provided by Bega Valley Shire Council to community groups and organisations has been undertaken. The review has identified a number of changes that could be made to improve this process further and these are presented for Council’s consideration.

Director Community, Relations and Leisure

Background

Officers have undertaken a review of grants that are offered and provided by Bega Valley Shire Council (BVSC) to the community across a number of Council service areas.

The original scope of the review sought to focus on ‘grants’ only; however as the review progressed other elements emerged that needed to be considered, such as allocation from the 356 Financial Assistance program, ongoing partnerships arrangements and budget allocations.

Issues

Legal

The Local Government Act 1993 (NSW) (the Act) provides the legislative mechanism to allow Councils to provide funds to the community for the purposes of exercising its functions. Specifically the Act states in section 356 that:

“(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions…”

Strategic

Policy

There are a number of elements of the current BVSC grants program that are working well. These are summarised below:

§ Community activities and services are being funded – A significant amount of money is given out each year to support many important, interesting and valuable activities across the Shire that add to the wellbeing and vibrancy of the community. This funding leverages community input and additional funding from other sources to increase the capacity of the projects supported for community benefit.

§ Environment grants – These were recently reviewed and have a very thorough procedure linked to the program. These also leverage considerable community input and endeavour and in some cases additional external funding.

§ Administration support to the Club Grant programs.

There are however a number of issues that face the current granting process that need to be resolved, including:

§ Inconsistent documentation and procedures

§ Inconsistent requirements for acknowledging Council

§ Inconsistent acquittal procedures

§ Over subscription of some grant programs

§ Publicly available information of past grant recipients and Council’s grant program generally; and

§ Recurrent requests – Many groups apply or seek financial support for ongoing programs.

A revised procedure needs to address these issues, which could be done as follows:

§ Create generic guidelines and/or requirements covering all grants provided by Council. This would include things such as a common acquittal process, acknowledging Council (and other partners), linking to Council strategies and plans, outlining how to deal with in-kind support and the value of volunteer time, requirements of matching funds or not, legal status of recipients, broader expectations of being a grant recipient etc.

§ Create a standardised application form with grant specific requirements being covered in a schedule specific to each grant program as required. This standardised form would also allow for a consistent look and feel of the grants documentation. This together with the generic guidelines would aim to simplify the process for applicants.

§ Have key application date or dates per year and publicise these. Further work with grant administrators is required to determine whether one date or multiple dates per year is the most appropriate. The timing could be set so as not to conflict with other community granting bodies or align to budget allocations. Reimbursements would need to remain as required.

§ Explore the potential of providing multi-year grants to activities that regularly occur and have a strong past history of delivery. This can provide certainty to event organisers and reduce volunteer and officer time in annual application processes.

§ Index grants annually in line with their source. i.e. if grants are from General Funds or a levy then they should be indexed by the same rate as the source. Grants need to keep pace with the increases in cost of undertaking activities.

§ Create a grants web page on Council’s web site that tracks all grants provided to the community over an agreed period (3 to 5 years). This acts as demonstration of Council’s commitment to supporting community activities, a source of information for perspective applicants on the types of things Council will fund and a source of information for other funding bodies when assessing their own grant rounds.

Operational Plan

The following areas of the 2012-2017 Community Strategic Plan are relevant to the BVSC grants program:

L1 Wellbeing and safety: We feel safe in our community, with access to health, social and community services, and have appropriate community infrastructure provided to support a high quality of wellbeing and safety.

E1 Growing our local businesses: We have increased business capacity and opportunities, generating ongoing economic development.

S1 Valued natural environments: The natural environment and ecosystems are appropriately protected and enhanced.

S2 Sustainable communities: Our community has the services, opportunities and support to live sustainably.

A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.

Social / Cultural

Mumbulla Foundation

BVSC has a unique relationship with the Mumbulla Foundation (the Foundation) whereby it provides a grant to the Foundation who in turn match it and make the total sum available to the community. The Foundation has recently sought an increase in the grant from $25,000 to $35,000 in addition to the $5,000 administration support grant that they also receive. Any funds not used for administration are currently put into the grant pool.

The relationship with the Foundation adds value to the Council grant funds by essentially doubling what is available to the community. It is unlikely in the current financial environment that Council would be in a positon to double funds if it offered directly a similar grant program. The downside is that the Council has minimal control over the allocation of the funds through this process.

In 2015/16 the Foundation funded 34 organisations to the value of $74,407. Some of these organisations and projects may not otherwise have received funding. Council officers provide some support, but administration is predominately done by the Foundation volunteers.

Access Advisory Committee

Council has a Section 355 Access Advisory Committee that advocates on issues relating to access across the Shire. The Committee is made up of volunteer members who advise Council on issues related to access, and in particular on physical access to community facilities and buildings. The key goal is to make Bega Valley Shire a better place for residents or visitors who are elderly or have a disability.

Creating an Access Grant program from funds currently budgeted (see below for specific proposed allocation) could assist in ‘fixing’ access issues across the Shire, by allowing the committee to call for worthwhile projects from the community. This has a two pronged affect in that it raises the profile of the Access Advisory Committee and addresses access problems.

Consultation

Consultation has primarily been done internally through convening an Internal Grants Review Working Group chaired by the Director Community, Relations and Leisure and included Manager Environment Services, Strategy and Business Services Executive Assistant, Manager Community, Culture and Information, Strategic Planning Coordinator, Manager Waste and Recycling and Events Coordinator.

An external grants roundtable was held with Bendigo Bank, IMB Bank, Club Grants and Mumbulla Foundation representatives. This was a very positive meeting and the local community funding bodies are keen to share information and work together, whilst meeting their organisation needs.

The Access Advisory Committee has also been consulted on the Access Grants proposal.

Financial and Resources

The community grants environment

The community grants environment has changed over time. There are currently a number of local community grant funding opportunities that historically have not been available. These include grants from organisations such as: Mumbulla Foundation; Bendigo Community Bank; IMB Bank; various categories of Club Grants and Southern Phone (a three year program with one year to run). Many community groups and activities rely on these grants on an annual basis to deliver the activities and services run in the Bega Valley Shire. There are also many State and Federal grants to support local activities (i.e. NSW Community Partnerships Grant and Commonwealth Stronger Communities Program).

Grant funds

In 2014/15 Council provided $230k to various groups across the Shire through 12 grant programs. In 2015/16 $295k was budgeted for distribution with the largest proportion being from 356 Financial Assistance Fund.

In 2015/16 other organisations also gave out large amounts of funds including the Mumbulla Foundation that distributed $74k, category 1 Club Grants provided $91k, Bendigo Bank Community Grants distributed $102k in sponsorship, grants and donations (source: 2015 Annual Report); Southern Phones provided $25k; and IMB Bank distributed $66k (noting that this includes amounts to other Shire’s on the Far South Coast (source: IMB website media release)). Together these funds from Council and other organisations add up to more than half a million dollars being provided to various community groups and organisations across the Shire in 2015/16, not including the many State and Federal Government grants programs announced.

Council non-cash support

In addition to ‘cash’ grants provided by Council to organisations, there is a significant amount of in-kind contribution or non-cash support made to activities that occur around the Shire, such as ANZAC Day and Remembrance Day marches, Merimbula New Years Eve community event and fireworks, Eden Whale Festival, MotorFest, Bermagui Seaside Fair, Sculpture of the Edge, etc. particularly by Council’s works teams in getting reserves and townships ready and through clean up and waste collection. This includes things such as road closures, extra cleaning and site preparation, rubbish removal, installation of barriers and so on.

These non-cash contributions are an important part of supporting events to be viable; however come at a real cost to Council. This real cost has to be borne by budgets that are ear marked for other activities. Some tracking has occurred in 2015/16; however more work is required to get an accurate picture of this contribution from across the organisation and longer term these costs either need to be in addition to existing budgets or the costs passed onto who ever requests the service.

2015/16 Council grants

Source	Grant program	Annual allocation	CSP area
Grants from levies, rate variations or external partners	Community Environmental Grants Program – Levy	$40,000	A sustainable place
	Waste Community Assistance Program – Levy	$30,000	A sustainable place
	Local Heritage Assistance Fund – External partner	$20,000	A sustainable place
	Southern Phones Mayoral Grant – External partner (2^nd year of three year program)	$25,000	Multiple CSP areas
Sub total		$115,000
Grants from General fund	356 Financial Assistance Grants*	$112,000	Multiple CSP areas
	Mumbulla Foundation Triennial Grant	$30,000	A liveable place
	South East Arts Triennial Grant	$22,888	An enterprising place
	National Youth Week Grants	$5,000	A liveable place
	Seniors Weeks Grants – Linked to Seniors Festival	$5,000	A liveable place
	Tertiary scholarships – Linked to National Youth Week	$5,000	An enterprising place
	Young women's scholarship – Linked to International Women’s Day	$500	A liveable place
Sub total		$180,388
Grand total		$295,388

* 356 Financial Assistance Grants includes the following elements:

§ Reimbursements to community groups for some fees and charges

§ Festival and events funding

§ South East Regional Academy of Sport

§ Sporting and cultural representation

§ Backfill for oversubscribed grant programs

§ Acquisitive prize for Sculpture on the Edge

§ Unforeseen or unanticipated community funding requests

Proposed grants programs for 2016/17

As part of the grant review, the 2016/17 budget development process and in discussion with Councillors it became clear that there needed to be clarity on the grant programs that should be available and the value of each of those programs.

To address this officers have identified proposed grant programs based on past grant provision and areas of regular request. The allocation of the part of the Southern Phone annual dividend towards the grants program allows for some modest growth in grants available and takes pressure off the General Fund. The use of part of the expected dividend allows some yearly fluctuations without impacting on the grants program. The dividend figure used is based on dividends over the past few years, acknowledging that if those dividends were to change the grant programs would need to be reconsidered in light of a changing financial position and amended, via budget review, accordingly. It also provides an opportunity for Southern Phones to badge or promote themselves particularly in the events category, which they request although this is not mandatory.

The grant programs and their funding source are listed below for Council’s consideration.

Funds source	Grant program	Proposed allocation	CSP area
Grants from levies, rate variations or external partners	Community Environmental Grants Program – Levy*	$50,000	A sustainable place
	Waste Community Assistance Program – Levy	$30,000
	Local Heritage Assistance Fund – External partner	$20,000
	Southern Phones Mayoral Grant – External partner (final year)	$25,000	Multiple CSP areas – Mostly liveable place
Sub total		$125,000
Grants from General fund	Mumbulla Foundation	$30,000	A liveable place
	Economic Development grants – To support implementation of the Economic Development Strategy	$25,000	An enterprising place
	South East Arts – Council’s contribution to a regional arts organisation covering South East NSW and is part of a triennial agreement.	$25,000	An enterprising place
	Access projects – As part of the 355 Access Advisory Committee activities	$20,000	An accessible place
	Seniors and Youth Weeks grants – Funds activities to celebrate national Youth Week and Seniors Week.	$10,000	A liveable place
	Tertiary Education Scholarships – Small grants to support young people study in the Shire.	$5,000	An enterprising place
	Young Women - Small grant to recognise the achievements of young women in the Shire.	$500	A liveable place
Sub total		$115,500
Grants from Southern Phones annual dividend	Community festivals and events	$60,000	An enterprising place
	South East Region Academy of Sports – Annual allocation to support local young people excel in a sporting pursuit.	$14,000	A liveable place
	Reimbursements – Community DA and cemetery fees etc.	$12,000	An accessible place
	Sporting and Cultural representation – Small amounts to assist with interstate or national representation	$2,500	An accessible place
	Mumbulla Foundation increase – Response to request from Foundation	$10,000	A liveable place
	Seniors week increase – Due to annual oversubscription	$5,000	A liveable place
Sub total		$103,500
Grand Total		$344,000

* Increase was resolved by Council on 6 April 2016.

Community festivals and events

Further work is required regarding the breakdown of the community festivals and events grant program so that the amounts available per application are clear. It may also be relevant to look at start-up funds where there is an initial grant, but no ongoing commitment. The detail on this program will be presented to Council at a later date if the recommendations are accepted.

In addition, it would be worthwhile bringing organisers of community festivals and events together to better understand their needs and requirements and how these fit with Council priorities and available funding.

Community project proposals

Council has developed a process for formally receiving and assessing community project proposals. This process has been in place for approximately nine months and has elicited a range of submissions seeking only permission to undertake works to aspiration projects worth millions of dollars. Council has previously allocated monies from existing budgets where project proposals aligned to planned works and from the Southern Phones Dividend proceeds. In some cases funds were not required or were provided by the project proponent.

Community project proposals have not been included as a grant program in this proposal. It is important to assess each proposal on its merits and determine the most appropriate funding programs which may be other levels of government. On occasions where no other grants are suitable or external avenues have been exhausted, Council may need to note the merits of the project/s and ‘park’ the proposal until future funds (either internal or external) become available.

Conclusion

Council provides significant amounts of funding to a range of organisations and groups across the Shire, who in turn are providing valuable activities and services for residents and visitors.

The provisions of the Local Government Act 1993 (NSW) allow Council to provide funds to others to exercise its functions. The key to the provision of Council funds should be to assist in the delivery of Council priorities captured in its Operational and Delivery Plans or other strategic documents.

If adopted the changes outlined in this report would represent a major change to the management of grants programs for Council. It may take two years to implement a new structure due to existing grant timelines and ability to undertake the next level of work.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That Council use the Southern Phones annual dividend towards a grants program.

3. That Council increase the Mumbulla Foundation allocation by $10,000 per annum and increase the seniors week grants by $5,000 per annum.

4. That Council implement a revised grants program that includes grant as outlined in the table below, and that these grants be indexed at the same rate as their source funds.

Grant Program		Proposed Allocation per annum
Accessible Place Grants	Access Grants	$20,000
	Community Group fees & charges reimbursement Grants	$12,000
	Sporting & Cultural representation Grants	$2,500
Enterprising Place Grants	Community Festivals & Events Grants	$60,000
	Economic Development grants	$25,000
	South East Arts Grant	$25,000
	Tertiary Scholarship Grants	$5,000
Liveable Place Grants	Mumbulla Foundation	$40,000
	Seniors Grants	$10,000
	South East Regional Academy of Sports Grant	$14,000
	Youth Week Grants	$5,000
	Young Women’s Scholarship	$500
Sustainable Place Grants	Community Environmental Grants Program – Levy	$50,000
	Waste Community Assistance Program – Levy	$30,000
	Local Heritage Assistance Fund – External partner	$20,000

5. That Council convene a roundtable meeting with community festival and event providers.

6. That Council revise its grants program procedures to address the findings noted in this report.

Council 20 July 2016

Item 9.3

9.3. Halls Maintenance Funding 2016/17

The S355 General Halls and Buildings Committee recommendations for the expenditure of the Hall Maintenance funding 2016/17 are presented for Council’s endorsement.

Director Community, Relations and Leisure

Background

There are 19 community halls across the Shire, 18 of which are managed by community committees and volunteers with the assistance of Council staff. Council provides an annual budget allocation to address maintenance issues and works at these halls. This allocation supplements the ongoing operations and maintenance that is funded through fees and charges collected for individual halls.

Projects are determined through discussion at the S355 General Halls and Buildings Committee meeting. All halls have a delegate to the Committee and they present projects for consideration. This process has been in place for several years and is well supported by the individual hall management committees.

In 2015/16 nine projects were identified for funding from the maintenance budget. These included termite treatments at six halls, the replacement of windows at Brogo and Wolumla Halls, and the relining of the internal walls at Tarraganda Hall.

In 2016/17 the adopted budget for the maintenance/renewal of community halls is $70,000.

The General Halls and Buildings Committee met on the 24 May 2016, and considered project proposals from the individual hall committees in terms of affordability and achievability. The proposed projects met at least one of the following criteria:

§ Works need to be completed to avoid ongoing harm, damage or deterioration; and

§ Works are required to reduce ongoing maintenance/repair.

As in previous years a portion of the maintenance funding is held back to address unscheduled maintenance across the halls.

The recommendations of the Committee for the attribution of maintenance funding in 2016/17 are as follows:

Hall	Project	Amount
Cobargo	Re-stump approx. 40 stumps and level floor	$12,600
Wyndham	Re-stump approx. 15 stumps and level 4	$7,300
Towamba	Repairs to roof identified by independent assessor	$4,000
Kiah	Floor repair and sanding	$6,000
Tarraganda	Bollards and extension of concrete area at hall entry (*2,000)	$3,000
Wolumla	Toilet renovations and repair (*2,000 committee, $500 Friends of Wolumla Hall)	$7,500
	Responsive Maintenance contingency	29,600
	TOTAL	$70,000

* indicates committee contribution in addition to maintenance funding allocation

Issues

Legal

The General Halls and Buildings Committee is appointed under section 355 of the Local Government Act 1993 (NSW).

Operational Plan

The management of Council’s community halls is identified in Council’s Delivery Plans 2012 – 17 and Operational Plan 2016-17. The specific strategic actions are;

A2.3.1 Consolidate partnerships with community groups in managing and maintaining some community assets such as halls, playgrounds and sporting grounds/facilities; and annual activity, and

A2.3.1.1 Maintain and manage Council's Community Halls in partnership with Hall Committees.

Asset

Council’s halls are managed and operated by volunteer committees who coordinate maintenance and utilisation. Council’s adopted Buildings Asset Management Plan provides the framework for the management of the facilities. Individual facility management plans (FMP) are in place for all halls.

Social / Cultural

Council’s community halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets have multiple benefits and support community wellbeing.

Consultation

The General Halls and Buildings s355 Committee is Council’s peak advisory body in relation to the management of these important community facilities. Committee members are aware of the state of various facilities and the decision making process is as informed as possible.

A representative from each individual hall committee was given the opportunity to present their project to the General Halls and Building Committee including photos and estimates of costs for their projects. Quotes on works from accredited contractors were sought by Council staff to inform the Committee and estimates were made where these were not finalised. The Committee then made their recommendations based on the criteria outlined above and the level of funding identified in the 2016/17 budget. The Committee were unanimous in their recommendations.

Financial and Resources

Funding source		Amount
Halls Maintenance and Renewal	$	70,000

The oversight management of the projects will be undertaken by the Council staff in consultation with the individual hall committees and forms part of their annual work plan.

Conclusion

Community halls provide a significant social and cultural benefit to the communities and are well managed by Community Committees, with the support of Council staff. The General Halls and Buildings Committee is an effective forum for participatory decision making and resource allocation. The committee voted unanimously to put the recommendations forward to Council for endorsement.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That Council endorse expenditure from the 2016/17 Halls Maintenance Funding as follows:

Hall	Project (*indicates committee contribution in addition to maintenance funding allocation)	Amount
Cobargo	Re -stump approx. 40 stumps and level floor	$12,600
Wyndham	Re –stump approx. 15 stumps and level 4	$7,300
Towamba	Repairs to roof identified by independent assessor	$4,000
Kiah	Floor repair and sanding	$6,000
Tarraganda	Bollards and extension of concrete area at hall entry (*2,000)	$3,000
Wolumla	Toilet renovations and repair (*2,000 committee, $500 Friends of Wolumla Hall)	$7,500
	Unscheduled maintenance and contingency	29,600
TOTAL		$70,000

Council 20 July 2016

Item 9.4

9.4. Sportsground Facility Management Plans

Facility Management Plans have been developed for Council’s sportsgrounds where an active site committee is in place and represented on Council’s S355 Sportsgrounds Committee. The plans are being reported to Council for adoption.

Director Community, Relations and Leisure

Background

There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites working in partnership with Council. There is an increasing need to establish formal management and operational plans to ensure fit-for-purpose, safe, and accessible sporting facilities are provided in the most efficient manner possible across the Shire.

Sportsgrounds include a range of infrastructure including: playing surface/s for a variety of sports; lighting; pavilions; toilets; parking; seating; and shelters. These are managed and maintained by a mixture of Council, community committees and user groups.

The management and operation of sportsgrounds incurs a number of expenses such as: electricity; water; cleaning; and mowing. There are also other regular (i.e. seasonal and annual) maintenance tasks and asset inspections that should be undertaken to ensure the facilities are in a fit for purpose condition. For this to happen it is important there is an operations and planning tool so all tasks required for the facilities to operate are understood and suitably resourced.

A Facility Management Plan (FMP) provides direction for the planning, management, maintenance, operation and use of sportsgrounds and associated facilities so that the users and community’s needs are best met. It also provides an opportunity for future aspirational goals to be identified.

Council commenced a process for the development of FMPs for the sportsgrounds across the Shire in 2015. Sites with active sportsground committees represented on the S355 Committee have been developed first (the subject of this report) with the remainder of the facilities to follow. It should be noted that while Bega Sporting Complex is identified as a regional facility, an FMP has not been finalised for that site as there is not an active site committee operating.

Officers have worked very closely with each of the active site committees and the S355 Sportsgrounds Committee in the development of the FMPs.

Issues

Legal

As part of workplace health and safety requirements, and overarching public liability duty of care, there is legislation and regulations that come into effect in the operation and maintenance of sportsgrounds. Having FMPs that identify the fundamental aims of provision, service levels and responsibilities in delivering those service levels, is a key component of delivering useable and safe facilities and reducing the likelihood of incidents occurring. Each FMP includes a Facility Risk Management Plan which identifies potential risks, provides a risk rating based on the likelihood and consequences should the risk event occur, and outlines a risk treatment action.

The Local Government Act 1993 applies in relation to procurement of services and also for use of public assets for commercial benefit. This applies particularly in relation to the purchasing of goods and services for the operation and/or maintenance of the sportsgrounds.

The Crown Lands Act applies where assets are located on Council managed Crown Lands as is the case with a number of the sportsgrounds.

Strategic

There are a number of Council Plans and Policies that relate directly and indirectly to the development of the FMP. They include:

· Community Strategic Plan (CSP)

· Asset Management Plan – Parks and Recreation 2015 (AMP)

· BVSC Procedure – Community Project Proposals.

· BVSC Specification Sports Ovals/Fields 2016

· Sportsgrounds Condition Assessments 2016

The following objectives provide the framework for the establishment and implementation of equitable and operational Sportsground FMPs:

· Encouraging community health and wellbeing through opportunities to participate in sports and recreational activities.

· Providing community facilities that are accessible to all community members.

· Providing sportsgrounds that offer the best possible ‘fit-for-purpose’ facilities.

· Increasing the multi-use potential of sporting and ancillary facilities to see sites are adaptable and well used into the future.

Policy

Sportsground committees and their members operate under the guidance of the following Council Policy and procedure documents:

§ Sportsground Committee Guidelines;

§ Sportsground Committee Operations Manual;

§ Sportsground Committee Purchasing Guidelines; and

§ BVSC Code of Conduct.

Operational Plan

The development of FMPs for Council’s sportsgrounds links to the following ambitions and outcomes identified in the Bega Valley Community Strategic Plan 2030:

Community Ambition A2: Facilities and services - Our facilities and services are strategically planned, designed and maintained to meet the community needs.

Outcome Area A2.3: Safe and well maintained sporting fields, recreation areas and built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

Asset

The sportsgrounds that are the subject of these FMPs are predominantly the sites identified as regional and district facilities in the BVSC Parks and Recreation Asset Management Plan 2015 (AMP). They are situated on a mixture of Council owned land and Council managed Crown Land.

The goal of asset management is to meet a required level of service in the most efficient way through the operation, maintenance and renewal of assets.

Council’s Parks and Recreation Asset Management Plan (AMP) outlines a lifecycle management plan which details how Council will manage and operate its assets (including sportsgrounds) at the agreed levels of service. Council’s Asset Register and Asset Renewal Program are contained in the AMP and identify assets at particular sportsgrounds including details of the remaining life, renewal time and cost estimates. The asset inventory makes some assumptions and generalisations to enable it to provide a Shire-wide picture of recreation assets.

A key outcome of the AMP is that recreational assets are financially sustainable. This requires Council to monitor and identify assets in need of renewal, understand the cost and implications of upgrades, review the levels of use and value of provision and, where need be, rationalise assets.

Sportsground committees, Council officers, sports clubs, contractors and other volunteers all play an important role through their involvement in the care and maintenance of Council sportsgrounds, with the responsible group for each task clearly outlined in the FMPs.

Social / Cultural

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking, development of friendships and can improve social skills.

Many residents within the Shire participate in regular organised sport as a player, administrator or spectator and as such sportsgrounds are highly valued by the Bega Valley Shire community. Historically there has been a very high level of volunteer involvement in running many of these sites which has led to high community interest.

Importantly the FMPs clearly account for the value and worth of volunteer inputs in the running of facilities through putting a commercial value on the work undertaken by volunteers at each site, which would otherwise have to be funded by Council and users.

Consultation

Thorough consultation with site representatives has been a key aspect in developing and establishing the FMPs for sportsgrounds.

The FMPs identify individual asset types at each site and from there each task required and the frequency to manage those assets. The FMPs then identify the frequency of the tasks and who is best placed, capable and responsible for undertaking those tasks. There have been numerous meetings, site inspections and direct discussions in order for the most effective Plans to be developed.

Drafts were developed and distributed to each site committee to enable them the opportunity and time to engage the respective user groups at each site in the process and collectively recommend any alterations they felt necessary.

Once finalised the FMPs were reported to the S355 Sportsgrounds Committee. That Committee provided a unanimous recommendation on 4 April 2016 for the Plans to be reported to Council for adoption.

Financial and Resources

In developing the resourcing component of the FMPs, the operating and maintenance requirements have been identified along with asset renewals and proposed capital upgrades. A key element has been acknowledging the core strengths and capabilities of the different groups involved at each site.

Identifying responsibility reduces the possibility there will be ‘grey areas’, duplicated effort or misunderstandings. Importantly it also provides an opportunity to account for the value and worth of volunteer input in the running of the facilities. A key element the FMP’s provide is a budgeting tool that identifies the cost for each task required at the site and consequently encourages the pursuit of efficiencies in the management of each sportsground.

Operational plans and resource allocations are intended to be adequate to meet the levels of service required to deliver fit-for-purpose, safe, and accessible sporting facilities.

The operational and maintenance requirements of the FMPs have been the basis of the sportsgrounds cost centre budgeting process for 2017.

FMP resourcing will be reviewed annually considering operational requirements, maintenance requirements, planned asset renewals and available resources.

Capital expenditure is principally guided by the Asset Management Plan renewal program; however within the FMPs, committees have had the opportunity to identify capital renewal and upgrade projects they would like to focus on.

The development of the FMPs has also lead to discussion, consultation and review of sportsground user fees across the Shire. These discussions have included an extraordinary meeting of the S355 Sportsgrounds Committee and a Councillor workshop. The outcome being the FMPs will establish a consistent method of determining user fees across all sites, based on a contribution toward operating costs.

Conclusion

The final drafts of the Facility Management Plans for Dickinson Oval, Wolumla Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval and Barclay Street Sports Complex have been completed and the documents are being reported to Council for adoption.

Attachments

1. Facility Management Plan - Dickinson Oval

2. Facility Management Plan - Wolumla Recreation Ground

3. Facility Management Plan - Berrambool Sports Complex

4 . Facility Management Plan - Pambula Sporting Complex

5 . Facility Management Plan - George Brown Oval

6 . Facility Management Plan - Barclay Street

Recommendation

1. That Council note the report.

2. That Council adopt the Facility Management Plans for Dickinson Oval, Wolumla Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval and Barclay Street Sports Complex.

3. That users and stakeholders be notified and thanked for their interest and input into the process.

Council 20 July 2016

Item 9.5

9.5. Quarterly Community Project Proposals Summary

This report provides a summary of community project proposals received between 1 April 2016 and 30 June 2016 for Council's information and consideration.

Director Community, Relations and Leisure

Background

The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improvements to community facilities. New proposals, regardless of the project size, that require Council involvement need to be considered in the context of all project elements including: funding; personnel; procurement; risk management; workplace health and safety; environmental considerations; approvals; compliance; and ongoing maintenance. It is also important to consider how the proposed works can link and add value to other Council projects, particularly in terms of the maintenance and replacement of existing assets.

Council’s Community Project Proposal Procedure applies to the full spectrum of projects from small scale to larger scale and through to more complex projects. One of the aims of the procedure is to make sure all relevant project issues are considered and addressed.

It is important to be able to give proposals the consideration they need and deserve, and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration. The level of information included in the proposal should be sufficient to enable the merits and issues of proposals to be understood by officers, before going to Council. This initial assessment by officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

The complete Community Project Proposal Procedure and the Proposal Form is available on Council's website.

This report contains proposals received between 1 April 2016 and 30 June 2016. Future proposals will continue to be presented on a quarterly basis to Council for consideration and resolution.

Attached is a summary of the Project Proposals received including comments and recommendations. Hard copies of each of the full proposals received and the project assessment checklist have been distributed to Councillors for their reference and review. It should also be clear that in-principle support does not commit Council to funding the project, only support, which enables applicants to progress with project development.

Issues

Legal

There can be legislative requirements that come into effect if the implications of works are not understood and accounted for in the project development stage. These include: environment and heritage; access and building code compliance; planning and development approvals; and in some instances land ownership.

Strategic

Council has a number of strategic and operational plans that outline the current and future priorities of infrastructure, civil assets and facilities. For example Asset Management Plans (AMP) identifies current assets, their condition and when they are programed to be replaced. The Long Term Financial Strategy (LTFP) outlines how Council will pay for the replacement or upgrade of those assets.

Policy

Council’s Procedure 4.01.3 Community Project Proposals has been developed to manage project proposals by committees and community groups for the development and delivery of community infrastructure, civil assets and facilities.

The objective is to provide a clear and consistent approach for Council officers, committees and community groups across the broad range of project types, scale, funding sources and delivery methods.

Submission of a Community Project Proposal does not guarantee approval. On occasions projects deemed as suitable may, for a number of reasons such as inadequate resources, be unable to proceed in the first instance. In these circumstances it may be appropriate for Council to formalise in-principle support for the project as this may provide opportunities for the applicant to source funding through other agencies.

Operational Plan

Relevant key directions identified in the Council’s Operational Plan 2015/2016 are:

S4 Proactive support and planning: There is proactive planning with the community for the protection of our built and natural environment.

A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.

Asset

Council has an adopted capital works programs included within the asset management structure. Asset management capital works programs are based on asset renewal (e.g. replacing existing assets to meet a similar service or provision level) as determined in Council’s AMP. The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets. As such provision has not been made for including proposed projects in capital works programs already part of the AMP. Where projects are linked to works identified in AMP’s this is clearly noted.

Social / Cultural

The community has an important role in helping Council identify and deliver new and/or improvement projects. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities.

Consultation

In developing the Community Project Proposal Procedure, consultation was undertaken with Council's Access Committee, the S355 Sportsground Committee and also through a workshop involving representatives of service organisations from across the Shire.

The Project Proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal.

The summary included with the previous Community Project Proposal report to Council on 6 April 2016 included four proposals from the ESSCI group in Eden. Council officers have met with ESSCI to prioritise their proposals. The Lake Curalo Common project was acknowledged as their priority project and has been included with the summary attached.

Financial and Resources

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. It is important these people talk with officers prior to applying for funding to do work on Council assets. This ensures the project scope is clear and complete, the amount being sought is sufficient to complete the works and there is a level of coordination to prevent already approved projects competing with new projects for the same grants. This process also ensures that the grants available from these community groups and the community endeavour is supported and leveraged to ensure the best and most sustainable outcome.

The table below shows a summary of Community Project Proposal applications received 1 April 2016 and 30 June 2016. Some applications do not require funding from Council, only permission and as such have been approved and completed.

Total Proposals Received	7
Proposals approved – (Funded by applicant or required works)	2
Total value of all proposals	$86,320
Total Council contributions requested	$64,020
Proposals un-costed by applicant	1
Minor and Medium Projects	7
Council contributions requested	$64,020
Council contributions - Approved or recommended (Required works)	$1,320
Council contributions requested – Outstanding works	$62,700
Applicant contributions	$22,300
Total value of minor and medium projects	$86,320
Major Projects	0

Conclusion

The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider the wide range of suggestions for infrastructure projects put forward by the community. Often these projects relate to new works or major upgrades and as such have not been identified in the development of capital works programs included in AMPs.

The challenge is to give proposals the consideration they need and deserve and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration.

Attachments

1. Community Project Proposals Summary - June 2016

Recommendation

1. That Council note those Community Project Proposals already approved.

The On Track Committee for the removal of asbestos (project Bega1) and Merimbula Chamber of Commerce to install fairy lights (project Mer1) have been approved.

2. That Council adopt the following recommendations for the Community Project Proposals:

a. Council provide in-principle support for the construction of an amenities building at Evans Park, Kalaru and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Bega2)

b. Council provide in-principle support to the Pambula-Merimbula Lions Club for the refurbishment of the Berrambool footbridge and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Mer2)

c. Council provide in-principle support to the Rotary Club of Pambula (Eden Section) to further develop the extension of Rotary Park Walk and subject to required project information being provided, officers work with the group to develop the project. (Project Eden1)

d. Council provide in-principle support to the Wonboyn Ratepayers Association to further develop the Wonboyn Road Beautification proposal and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Eden2)

e. Council provide in-principle support to ESSCI to progress with the Curalo Common Project and subject to required project information being provided, officers work with the group to develop the project. (Project Eden3)

Council 20 July 2016

Item 10.1

10.1. RFT 02/16 Gateway Signage to the Bega Valley

This report details the outcomes of an Evaluation of Tender RFT 02/16 for Gateway Signage to the Bega Valley.

Director Strategy and Business Services

Background

Bega Valley Shire Council’s Economic Development Strategy states an intention to “deliver a visitor signage program, including Shire entrances”. The Gateway Signage project is the first stage in a comprehensive program that will ultimately see unique and high quality signage in place across the Shire at the town, village and locality levels.

Gateway Signage referred to in this process intends for the installation of significant and individualised structures welcoming visitors and travellers to the Shire at the major entry points: north of Cobargo; south of Eden; and at Brown Mountain heading towards Bemboka.

Council approved design concepts informed by information and feedback received as part of the Signage and Heritage Review conducted by Sapphire Coast Tourism on behalf of Council.

An indication of what Council approved and what respondents to this process were required to consider and scope their submissions against, is shown in the attached diagrams.

The program is funded through the Council’s tourism infrastructure special variation and associated reserve.

The tenders were evaluated in accordance with the evaluation criteria, weighting and scoring criteria as follows:

Value for Money (40%) made up as follows:

· The overall project cost

· The makeup of the cost structure and

· Commercial terms and conditions.

Project experience (50%) made up as follows:

· Demonstrated ability to complete the work

· Experience in completing similar projects

· Quality, Safety and Environmental systems and experience and

· Financial ability to undertake project of this size.

Project functionality (5%) made up as follows:

· Proposed construction arrangements and completion program

Local community benefit (5%) made up as follows:

· Recognition of local outcomes, demonstrating support for local business and community enterprise.

The value of the tenders received is not within the current budget allocation for the works. The evaluation of the tenders received is attached in a Confidential Memorandum to Councillors.

Issues

Legal

The tendering process complies with the Local Government (General) Regulation 2005.

Operational Plan

The proposed works are in accordance with design concepts presented to and adopted by Council in late 2015.

Environmental / Sustainability

Once the three (3) respective sites are agreed, a Review of Environmental Factors (REF) will be completed for the project with measures identified to protect the environmental values of the area during construction.

Social / Cultural

The Gateway Signs once in place will be significant structures that will welcome tourists and travellers and make a strong statement on behalf of the entire Bega Valley Shire.

Consultation

Consultation has occurred as part of the project.

Financial and Resources

The Tender responses received are not within the budget allocated for the Gateway Signage project.

Conclusion

This report provides information about the tender evaluation process and advice by way of Confidential Memorandum on assessment of the received tenders and provides recommendations for Council to consider.

Attachments

1 . Confidential Memorandum to Councillors RFT 02/16 (Councillor Only) (Confidential)

Recommendation

1. That Council accept the recommendations as outlined in the Confidential Attachment.

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

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

Council 20 July 2016

Item 11.3

11.3. Merimbula Lake and Back Lake Flood Study - Draft Report for Public Exhibition

The draft report for Merimbula Lake and Back Lake Flood Study has now been completed and is ready for formal public exhibition.

Director Transport and Utilities

Background

Bega Valley Shire Council engaged consultants Cardno to undertake a flood study for the Merimbula Lake and Back Lake catchments. The study was undertaken to update current flood mapping, in light of recent flood events during 2010, 2011 and 2012, with the assistance of a grant from the Office of Environment and Heritage.

The flood study forms an initial stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual, the management of flood liable land, April 2005.

Council has taken the initiative to carry out the flood study to assist with planning for and managing the risk the community faces from flooding.

The Office of Environment and Heritage (OEH), is supporting Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.

The draft flood study report has now been completed and received. All computer modelling and mapping has been completed and the draft report and findings are now ready for public comment and submissions. The final flood study report will provide the technical basis required for the development of a subsequent Floodplain Risk Management Study and Plan.

Issues

Legal

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Locally, the NSW government policy is implemented through Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013.

Once the final flood study report is completed, it will provide the technical basis required for the development of a subsequent Floodplain Risk Management Study (FRMS) and Plan (FRMP). Part of the typical outcomes of a FRMS and FRMP are a review of structural and non-structural flood mitigation options. Some of the typical non-structural options arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls. The final mix of structural and non-structural options are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s Environmental Planning Instruments such as Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013 at that later date.

Councils issue planning certificates under Section 149 of the NSW Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that then apply to the subject land. If changes to existing, relevant, flood related planning controls, flood related development controls or flood prone land policies do arise from the FRMS and FRMP , the relevant wording for flood related clauses need to be reflected in the Section 149(2) planning certificate.

A number of properties that do not have these flood related planning and development controls currently exist. This may occur because they are actually not flood prone according the definitions of the NSW government’s Flood Prone Land policy or no detailed flood mapping has been undertaken in those areas. As a result of the finalised flood study findings, detailed flood mapping for the select study areas may then eventually lead to a number of these properties having flood related planning and development controls applied after the completion of the FRMS and FRMP.

Strategic

The completed flood study report will form a key technical input document for the completion of a future floodplain risk management study and plan. The completed flood study will allow Council to identify the existing flood risk, hydraulic and hazard categories within the Merimbula Lake and Back Lake catchments. The future floodplain risk management study and plan will quantify options to manage the identified flood risks and hazards within the flood study report. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address existing and future flood risk.

Economic

The future floodplain risk management study and plan is a multi-disciplinary process that balances a number of differing factors to generate recommendations for an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study are the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures. Cost-benefit ratios of differing identified risk mitigation options from community consultation are developed during a subsequent floodplain risk management study for inclusion in a floodplain management plan for the catchment. The identified floodplain risk management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are developed from the information contained within the flood study report.

Policy

The completed flood study report will provide Council with detailed information to implement the NSW Government’s Flood Prone Land Policy and Coastal Reforms at a local level for the catchments of interest. The completed flood study also complies with the NSW Government Floodplain Development Manual 2005 and standard Floodplain Risk Management (FRM) documents from the NSW Office of Environment and Heritage and the NSW State Emergency Service.

Operational Plan

The completion of this project meets the Operational Plan Key Outcome: A4.1.1 Emergency Planning: Complete Flood Study and develop floodplain risk management plan. The associated Performance Measure is ‘Continue Merimbula Catchment Flood study’.

Environmental / Sustainability

Environmental concerns such as climate change, including sea level rise, have been addressed in the draft flood study report, in accordance with current NSW government guidelines and requirements for flood study projects. Other environmental concerns are usually addressed in a subsequent flood risk management study and plan following community consultation at a subsequent time.

Asset

When finalised, the draft report findings will form the basis of future asset/community planning and protection.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

When finalised, the findings of the draft flood study will form the basis of a future floodplain risk management study and plan that incorporates the management of social, cultural and economic impacts.

Consultation

Consultation via formal public exhibition and the invitation of public comment is the subject of this report. Community consultation regarding flood study outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Consultation of local residents within the catchments was completed using a community flood questionnaire during April-May 2015. Consultation of relevant State agency stakeholders occurred during March 2015. Also, consultation was completed throughout the project within the Bega Valley Shire Floodplain Risk Management Focus Group of which the community, State agency and Council are represented.

To promote the exhibition of the draft report, letters will be sent out to landowners within the identified floodplain areas and a media release prepared. Two drop-in sessions with Council’s consultant and staff will be arranged at a date to be determined for residents to raise issues during the exhibition period. One session will occur during business hours and one session after normal business hours.

Financial and Resources

The flood study project is partially subsidised by floodplain risk management programme grant of $120 000 from the Minister for Police and Emergency Services and administered by the NSW Office of Environment and Heritage. The grants are subsidised at a rate of two government dollars per Council dollar.

Funding source		Amount
Stormwater operating expenses	$	60 000

Staff and financial resources have already been expended on delivering the Merimbula and Back Lake Flood Study project. Other resources required will be meeting room facilities whenever any Focus Groups and/or technical sub-committees are convened in the process of completing the flood study project.

Conclusion

The formal public exhibition of the draft Merimbula and Back Lake Flood Study report and findings will allow community input and submissions to be incorporated into the final report to be adopted. The exhibition will also allow Council to meet current NSW State Government consultation requirements in finalising and adopting the flood study findings at the end of the formal exhibition period.

Attachments

1. Draft Merimbula and Back Lake Flood Study Report

Recommendation

1. That Council note the draft flood study report and preliminary findings.

2. That the draft flood study report be placed on public exhibition.

Council 20 July 2016

Item 11.4

11.4. Bega Valley Local Traffic Committee - 6 July 2016

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

Director Transport and Utilities

Background

The Bega Valley Local Traffic Committee held a meeting on 6 July 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

Nil

Recommendation

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

Lamont Street, Bermagui – Loading Zone

That Council approve the installation of a timed Loading Zone from 6am to 6pm, Monday to Friday in Lamont Street, Bermagui, commencing at a point 70.5 metres westerly from the intersection of Lamont and Montague Streets for a length of 16.5 metres.

West Kameruka Road – Heavy Trucks Usage

That Council approve the establishment of a 12 tonne load limit on West Kameruka Road and Kameruka Lane.

Parking near Intersection of Market Street and Main Street, Merimbula

That Council approve the extension of the No Stopping zone on the northern side of Main Street, Merimbula opposite the intersection of Main Street and Market Street by 7.5 metres, to the existing driveway of 97 Main Street, Merimbula.

Bega Fun Run on 23 October 2016

1. That, subject to conditions, sections of the following Council roads be temporarily closed between 4am and 1pm on Sunday, 23 October 2016 for the Bega Fun Run:

a) Full closure of Valley Street, Bega between the Kooringal Place and Poplar Avenue intersections;

b) Full closure of Kirkland Avenue, Bega between Parbery Crescent and Poplar Avenue intersections;

c) Full closure of Poplar Avenue, Bega between Carp Street to the end of the Valley Fields.

d) Full closure of Bega Street, Bega between the Poplar Avenue and Auckland Street intersections.

e) Full closure of Auckland Street, Bega between the Bega Street and Bridge Street intersections.

f) Full closure of Bridge Street, Bega;

g) Full closure of East Street, Bega between the Bridge Street and Carp Street intersections;

h) One lane of Tarraganda Lane, Bega between the East Street intersection and the Bega Country Club;

2. That the proposed traffic arrangements for the Bega Fun Run on Sunday, 23 October 2016, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5. That organisers have written Police approval prior to conducting the event.

“ReBoot in Bermagui” Fun Run on 24 September 2016

1. That, subject to conditions, the section of Lamont Street, Bermagui between Wallaga Street and the Arcade be temporarily closed between 8am and 1pm on Saturday, 24 September 2016 for the ReBoot in Bermagui Fun Run.

2. That the proposed traffic arrangements for the ReBoot in Bermagui Fun Run on Saturday, 24 September 2016, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6. That organisers have written Police approval prior to conducting the event.

7. That organisers ensure all necessary use of land approvals are in place prior to conducting the event.

Tathra Mountain Bike Enduro on 27-28 August 2016

1. That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 27 August 2016 and Sunday, 28 August 2016 be approved.

2. That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That the Traffic Control Plan is to reflect the following:

a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5. That organisers fully implement an approved Special Event Transport Management Plan.

6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

7. That organisers have written approval prior to conducting the event from the following:

a) NSW Police, under Section 115 of the Road Transport Act 2013; and

b) National Parks and Wildlife Service.

8. That the event organisers advertise the change to traffic conditions for the event.

9. That local emergency services and transport operators be notified prior to the event.

Council 20 July 2016

Item 12.1

12.1. Review of the Bega Valley Shire Community Service Medallion Committee

Council has resolved to review the structure of the committee responsible for awarding the annual Bega Valley Shire Community Service Medallion Award, to align the Committee with Council’s Section 355 Committee structure.

Executive Manager Organisational Development and Governance

Background

The Bega Valley Shire Community Service Medallion Committee was established by Council’s Administrator in 2000. The Committee assesses nominations and makes the decision on the successful recipient of the award each year. The Committee Members, who have been in their roles since the Committee’s inception are:

Chairperson: Mrs Edna Duncanson (Bega) OAM, other current Committee Members being: Mrs Norma Allen (Cobargo) and Mrs Mary Cocks OAM (Eden). The Mayor is Council’s Delegate to the Committee.

When the Committee received a resignation from member Mr Donald Hay in 2014, who was appointed in 2012, the Committee sought interest from members of the community who had been involved in the Medallion process in various ways in the past.

At its meeting of 14 January 2015, Council resolved to review the structure and practices of the Bega Valley Shire Community Service Medallion Award Committee. The Resolution stated:

‘that Council note a review of the Bega Valley Committee Guidelines will be undertaken to align the Committee with Council’s Section 355 Committee Structure’.

Council, at that meeting, also endorsed the appointment of two new members to the Committee. Mrs Lori Hammerton (Bermagui) and Mr Guy Higgins (Tathra) for a period of 12 months, until the completion of the proposed review of the Committee.

Review Process

At the commencement of the review in May 2016, Council officers met with the Committee Chairperson, Mrs Edna Duncanson to discuss the review process and thanked for her long term involvement and commitment to the Committee. Council Officers also wrote to the current Committee members on 10 May 2016 outlining the proposed review and thanked them for their service.

Following Council's resolution, new draft Bega Valley Community Service Medallion Committee Guidelines (the Guidelines) were developed and are submitted to Council for consideration and adoption. The draft Guidelines are aligned with processes implemented by other Section 355 Committees of Council.

Under these draft Guidelines, the purpose of the revised committee is to assist Council in acknowledging and rewarding the outstanding work of volunteers across the Bega Valley Shire. In doing so, it will further recognise one of the strengths associated with our Shire, the significant number and calibre of individuals within our community who are willing to give up their own time for the benefit of others and the community as a whole.

Once appointed, by Council, the new Bega Valley Shire Community Service Medallion Committee will act solely as an advisory body to Council and will consider, discuss and advise on matters such as advertising for nominations for recipients, review of nominations for the award, as well as assisting in the presentation of Medallions.

Council will seek to ensure a diversity of membership of the new Committee from across the Shire. It is proposed that Committee members shall be appointed, after conducting an expression of interest through advertisement in the local newspapers and on Council's website. Council will appoint the Committee Members by a resolution of Council.

Under the draft Guidelines, the Committee term will be four years and will consist of a maximum six (6) community members, as well as a Councillor delegate as appointed by Council. The Committee will appoint a Chairperson and Deputy Chairperson after calling for nominations and taking a vote.

The Executive Manager, Organisational Development and Governance (or an appointed delegate) will ensure Minutes and Agendas for the Committee meetings are prepared and actions arising from the meeting distributed to the Committee and relevant Council officers.

Award Presentation timing consideration

Previously, the Medallion annual award ceremony was held in August or September of each year. As part of the review, it is recommended that the Bega Valley Shire Community Service Medallion award event be moved to occur on Australia Day each year as part of Council’s day of recognition/celebration for community awards across the Shire.

Issues

Legal

The Committee is to be formed in accordance with Section 355 of the Local Government Act (1993). This section provides for certain functions of a Council to be exercised by a committee of the Council.

Council is proposing to realign the Medallion Committee's function as per Section 355 of the Act as a way of incorporating the Committee in the conduct of Council. Under the terms of Section 355, Council is solely responsible for the appointment of Committee members. A register of Committee members must also be maintained by Council and any decision to resolve the Committee must not be made without proper notification to do so.

From a governance perspective the new Committee shall adhere to Council’s procedure 5.02.1(a) Model Code of Conduct as well as procedure 5.02.2 Code of Meeting practice.

The Committee may be called on to vote on certain matters. Only a member of the Committee may vote. There is no proxy votes allowed.

Strategic

Policy

Once appointed, the new Committee will be required to adhere to relevant sections of the Local Government Act (1993) as well as procedures implemented by the Council. In particular, individual Committee members shall be required to participate on the Committee in accordance with procedure 5.02.1(a) Model Code of Conduct, as well as procedure 5.02.2 Code of Meeting Practice.

Any information disclosed to members of the Committee during their time as a Committee member shall be managed in accordance with Council policy 5.12 Access to Information.

Once appointed onto the Committee, individuals will be required to complete an induction and awareness program in accordance with Council’s procedure 1.06.1 Volunteer Management.

Social / Cultural

The Committee shall advise and make recommendations to Council on matters relating to this community award. The criteria for recipients of any Bega Valley Shire Community Service Medallion are for the nominee to have volunteered within the Bega Valley community for an extended period of time, preferably more than 10 years.

Consultation

Consultation occurred through the current Committee Chairperson in the initial stages of the review and letters have been forwarded to all current Committee members thanking them for their service and dedication to the Committee. Current members will also be encouraged to nominate themselves as a member of the Committee once the review is completed.

Financial and Resources

The Executive Manager, Organisational Development and Governance will oversee the direction and management of the Committee as required. Relevant Council officers will also provide administrative support to the Committee as required.

The Committee shall make recommendations against a very modest budget. Recommendations for the expenditure of funds and the giving of any award shall be made in consultation with officers and must be reported to Council each year for approval. The amount of funding available for use by this Committee comes from Council’s budget for Civic Functions held in the Organisational Development and Governance Unit's budget.

Funding source		Amount
Civic Functions	$	5,000

Conclusion

The new Bega Valley Shire Community Service Medallion Committee is an important social and communal level committee, the members of which will help Council appropriately recognise long serving volunteers of our local community.

Attachments

1. Bega Valley Shire Community Service Medallion Committee Guidelines

Recommendation

1. That Council resolve to adopt the draft Bega Valley Shire Community Service Medallion Committee Guidelines, noting that once nominations have been received for the Committee, Council will receive a further report to appoint the new Committee Members

2. That Council write letters to the previous Bega Valley Shire Community Service Medallion Committee formally thanking them for their service, informing them of Council’s resolution and inviting them to nominate as a Committee member under the new Committee Guidelines

4. That Council resolve that the Bega Valley Shire Community Service Medallion be presented on Australia Day as part of Council’s official Australia Day Celebrations from January 2017.

Council 20 July 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 June 2016.

Director Strategy and Business Services

Background

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

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Strategy and Business Services Group 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 $38,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	April 2016	May 2016	June 2016
General Fund	$7,708	$7,708	$17,708
Water Fund	$14,842	$14,842	$14,842
Sewer Fund	$16,350	$16,350	$16,350

In addition, there is $4,239,000 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	$7,485	$26,947
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 20 July 2016

Item 15.1

15.1. 2016 National General Assembly of Local Government

Report on the National General Assembly held in Canberra 19 – 22 June 2016

Cr Britten, Mayor

Pre Conference Seminar - Supporting a Prosperous Visitor Economy

A seminar was held on Sunday 19 June 2016 entitled “Supporting a Prosperous Visitor Economy” and was attended Cr Britten, Councillor Tapscott and Lucas Scarpin.

Various presentations were made around the “State of the Region Report”, a copy of which is available at http://alga.asn.au/?ID=165 and a detailed statistical analysis on Tourism produced by Tourism Research Australia. In summary:

The emphasis was on assessing across the Region: resilience/wellbeing/liveability. The figures for the South Coast are from south of Wollongong to the border. Possibly in the future we need to ask for a separation to cover Eurobodalla Shire Council and ourselves for the benefit of the MOU and in due course one covering the area proposed for the joint organisation.

Other presentations were around the growth of the Visitor economy and for Local Government to be an essential part of that growth. The Regions need to be developed in balance with the cities and grow high level technical skills to assist growth in the Region (technical skills includes all professional skills)

Housing Affordability is stunted by wage income in the Regions and to increase wealth you need to attract private investment in the region and to do this you need to have the Public Sector providing the framework and generally speaking this is not happening at present with the failure to upgrade infrastructure across Australia.

The main Tourism Growth over last 10 years is in International Tourism and this should increase with a devalued Australian dollar and each area needs to establish its own competitive edge.

At present only 2% of Chinese Tourists visit Australia and this is likely to increase substantially with the growth of a wealthy middle class in most of Asia.

Tourism will continue to be a major growth industry in Australia.

ALGA National General Assembly

The Conference itself began on the Monday with a theme of “Partners in an Innovative and Prosperous Australia”.

The main key note speaker was author journalist and political commentator George Megalogenis who clearly outlined Australia’s present position of failed infrastructure in not only providing catch up for the existing population but needing to provide for a growth in population of some 15 million in our major cities over the next 30 years. He highlighted that the world has the lowest interest rates in 500 years (since the bubonic plague) and Australia has the highest growth rate in population by percentage since the gold rush days. Local Government in Australia has some $50 Billion in backlog in infrastructure and receives a vastly disproportionate distribution of taxation to cope with that backlog.

He emphasised that apart from the NSW Government other Governments in Australia did not appear to be rising to the challenge of providing infrastructure for the future and gave examples of State Elections being lost in Victoria on 2 occasions where Government changed direction on providing rail infrastructure as previously promised. He emphasised the need of all levels of Government to relate to the needs of their areas.

Other speakers throughout the Conference emphasised the need for smart cities and to innovate and collaborate rather than follow a rigid hierarchy. Emphasis was made on the need to grow our infrastructure in Ports, Airports, and cross continent train infrastructure to allow Australia to remain competitive in provision of goods to the Regions and to the world.

The need to plan for technology growth and the associated cyber risk by 2019 could cost the economy $2.1 Trillion.

The ATO presented on their new technology in relation to the Australian Business Reporter, Standard Business Reporting and Electronic Invoicing. A presentation was also made on the forthcoming Census and the new approach moving towards high quality data as the information form the Census dictates distribution of funding for the GST, education, housing etc. Our Census covers 10 million households with 24 million people and we are .3 of 1% of the world’s population. The Census can either be completed online this year or in hardcopy.

There were several speakers on the provision of infrastructure in Australia and in Boston USA giving examples of innovation and making a point of difference for your area.

With much emphasis on the growth of cities, all levels of Government need to create diversification for growth in the Regions.

As part of the Forum on the Tuesday, there were 3 concurrent sessions:

a) Civic Technology to drive economic outcomes and community

The session focussed on lessons and models from the City of Boston with presentations from four staff members looking at a range of projects, programs and services covering new urban mechanics, DoIT (Department of Information and Technology) and innovation spaces. Re-invention of spaces and innovation have encouraged exciting new initiatives in some of the lower socio-economic communities. Youth employment strategies and co-working spaces as well as dynamic teams and agile support processes have been a key aspect of developing a new approach to how the City operates in this area. Whilst obviously the scale of projects and programs operated by the City of Boston are much larger than Bega Valley the link to what is happening locally was very obvious. The Bega Co-working space and local youth initiatives such as NetGen and the Hackathon and Australia’s first Regional Innovation Week showed that local thinking is well aligned to what large, overseas cities are undertaking.

b) The Infrastructure Challenge

2015 National State of the Assets Community Infrastructure Report

Mr Steve Verity (Jeff Roorda and Associates) -

1. National approach needed $47b value

2. Road and buildings, W&S etc.

3. Asset Management Plans are only recent

4. Social equity not costed as built

5. We have $41b to maintain $385b with $47b in poor condition State of Nation Assets Review

6. Infrastructure is high cost and risk

7. Improvement is high benefit

8. Local Government has the problem and needs a national assets management plan

9. Changes need to relate freight infrastructure to technology and social infrastructure to demographics and 3 way discussions with Governments

10. Population grows at 400,000 per year and ongoing

11. Demographics of ageing

12. Message 1 national plan

13. Message 2 annual reporting on opportunities

14. Message 3 strategic planning at lowest cost life cycle stop the disconnect

15. Message 4 key national assets will drive the agenda

16. Message 5 balance service level with risk from climate change etc.

17. Strategic is modified by each areas demands

Road Network National Ausroads

Mr Peter Duncan, Chief Executive, Roads and Maritime Services

1. 291b passengers in 2013/14 on 874,000 km

2. See Ausroads strategic plan 2016/2020

3. $10b per year needed in NSW and greatest expenditure ever is happening

National Heavy Vehicle Regulator (NHVR)

Mr John Gilbert, OAM, Manager Industry Stakeholder Engagement

1. 520,000heavy vehicles nationally in Australia

2. Strategic plan for heavy vehicles 10years

3. Access connect program customer portal for industry August release

4. Road manager portal by end of this year Permits v pre- approved roads for heavy vehicles

5. This association can save time

6. Freight truck movement will double in next 20 years

7. Benefit of PBS vehicles instead of B doubles

c) Innovative Approaches to the Environment

This session was conducted by Steve Bygrave, CEO of Beyond Zero Emissions

Simon Richardson Mayor of the Byron Bay Council.

The discussion centred around zero emissions and transition to renewable energy. The Paris agreement signed by 1000 mayors from around the world was featured in the discussion.

It was noted that while zero emissions was preferable a lot of councils were signed up to the 20/20 agreement. Byron Bay Shire has ten year target for zero emission.

It was acknowledged that community needs to own and benefit from the project. It was also advisable that councils current emissions needed to be established as a base line.

I was of the opinion, after leaving the session, that Bega Valley Shire in partnership with Clean Energy for Eternity Inc was well in advance of some councils on this issue.

At different times the Minister for Local Government Paul Fletcher, presented on the critical need for the NBN and technology and the Shadow Minister Julie Collins presented on Labors commitment to Local Government.

Conference resolutions

As part of the Conference Bega Valley Shire Council presented on two motions, previously accepted by the Council. The motion in relation to coastal risk management was supported unanimously by the Conference. The motion in relation to guidelines for prohibiting the use of the release of balloons was narrowly defeated on the grounds that it was a matter for State Governments to regulate.

Motion 40.1 Bega Valley Shire Council NSW, Eurobodalla Shire Council NSW and East Gippsland Shire Council VIC

That the National General Assembly call on the Australian Government to develop an Intergovernmental Agreement on the Coastal Zone in consultation with state, territory and local governments as a means of defining the roles and responsibilities of each tier of government in relation to coastal zone management.

Objective

The objective of the motion is to promote a collaborative national approach to coastal zone management. The coast is one of Australia's most highly valued and productive social, economic and environmental assets, but there is a lack of consistency between the current approaches to coastal policy and management adopted by the Australian, State, Territory and local governments. An effective partnership between the three levels of government, which clarifies their roles and responsibilities in relation to coastal zone management, is required to ensure coastal Australia can achieve a sustainable and prosperous future by withstanding the projected impacts of climate change.

Arguments

The coastal zone is home to Australia's state capitals, to most of the nation's commercial assets and to more than 85% of Australia's population. It plays a pivotal role in the life of the nation, however it is under increasing threat from a complex set of risks including widespread coastal erosion, rising sea levels and more frequent and severe extreme weather events. The publication 'Climate change risks to Australia's coast: a first pass national assessment', released in 2009 by the former Department of Climate Change, projected that approximately 247,000 existing residential properties in coastal areas, valued at up to $63 billion, are at risk of inundation resulting from sea level rise of 1.1m. This is in addition to assets such as roads, schools, hospitals, power stations and commercial properties. As matters currently stand, coastal councils are at the forefront of responding to these risks but are ill-equipped to respond appropriately to the challenges involved. The vertical fiscal imbalance in the Australian federation means that councils lack the funding required for effective adaptation measures. They also lack appropriate policy guidance in many jurisdictions. The enormous task of managing and caring for the nation's 36,000kms of coastline is beyond the capacity of local councils. There is an urgent need for a collaborative national approach, based on an effective partnership between the three levels of government, to work together to implement the measures necessary to ensure the long-term sustainability and prosperity of Australia's coastal zone and its communities.

As a matter of interest our Shire presented three resolutions at last year’s conference and those resolutions and the resulting action on them are attached.

By way of a final comment, George Megalogenis stated that the failure in infrastructure in Australia also applied to the media and they were reacting by being more vocal to remain relevant.

Attachments

1. Resolutions of the 2015 National General Assembly of Local Government

Council	20 July 2016
*Item 8.2 - Attachment 1*	Boydtown Planning Proposal (from the owner)

Council	20 July 2016
*Item 8.4 - Attachment 1*	Location, Zoning and Lot Size maps

Council	20 July 2016
*Item 8.6 - Attachment 1*	Zenith Town Planning - Report of Public Hearing held on 22 February 2016

Applicant	T Bowen and FJ Ferguson c/- Plan Cert Consultants
Owner	T Bowen and FJ Ferguson
Site	31-33 Princes Highway, Cobargo – Lots 2 and 3 Section 13 DP 2591
Zone	RU5 Village Zone
Site area	2,725m²
Proposed development	Vehicle Repair Station

Council	20 July 2016
*Item 8.8 - Attachment 1*	Locality Plan and Proposed Development Plans

Council	20 July 2016
*Item 8.8 - Attachment 2*	Draft Consent Conditions

Council	20 July 2016
*Item 8.8 - Attachment 3*	Amended access arrangements

Council	20 July 2016
*Item 9.1 - Attachment 1*	Extension of Access Advisory Committee tenure recommendation

Council	20 July 2016
*Item 9.1 - Attachment 2*	LGNSW Annual Conference Motion - Planning requirements for improved access for people with a disability

Council	20 July 2016
*Item 9.1 - Attachment 3*	Access Advisory Committee Project Photos

Council	20 July 2016
*Item 9.4 - Attachment 1*	Facility Management Plan - Dickinson Oval

Council	20 July 2016
*Item 9.4 - Attachment 2*	Facility Management Plan - Wolumla Recreation Ground

Council	20 July 2016
*Item 9.4 - Attachment 3*	Facility Management Plan - Berrambool Sports Complex

Council	20 July 2016
*Item 9.4 - Attachment 4*	Facility Management Plan - Pambula Sporting Complex

Council	20 July 2016
*Item 9.4 - Attachment 5*	Facility Management Plan - George Brown Oval

Council	20 July 2016
*Item 9.4 - Attachment 6*	Facility Management Plan - Barclay Street

Council	20 July 2016
*Item 9.5 - Attachment 1*	Community Project Proposals Summary - June 2016

Council	20 July 2016
*Item 11.2 - Attachment 1*	Opteon Property Group Valuation Report, Portion of Closed Road, Hopkins Street, Eden

Council	20 July 2016
*Item 11.3 - Attachment 1*	Draft Merimbula and Back Lake Flood Study Report

Criteria	Weighting
Price	60%
Project Experience	15%
Project Functionality	20%
Local Community Benefit	5%
WH&S	Compliant / Non-Compliant
Total	100%

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

20 July 2016

Staff Reports –Planning And Environment (Sustainability)

20 July 2016

8.1. Planning Proposal for seven Deferred Sites in Bega Valley Local Environmental Plan 2013

Background

Strategic

a) Lot 445 DP 1061010, Lochview Farm Road, Lochiel

b) Lot 4892 DP 1103062, Woodlands Lane, Bald Hills

c) Part Lot 1 DP 1164038, Lots 1 & 2 DP 1101354, Tathra Road, Bega

d) Lots 1 - 5 DP 455379, Palestine Road, Eden

e) Part Lot 600 DP 1193160, Mirador Drive, Merimbula

f) Lot 5 DP 1021345, Princes Highway, Wolumla

g) Lot 3 DP 750226, Polacks Flat Road, Bemboka

Conclusion

Attachments

Recommendation

Precis

Background

Further discussions with staff

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure (Liveability)

20 July 2016

9.5. Quarterly Community Project Proposals Summary

Background

Issues

Legal

Strategic

Policy

Operational Plan

Asset

Social / Cultural

Consultation

Council	20 July 2016
*Item 12.1 - Attachment 1*	Bega Valley Shire Community Service Medallion Committee Guidelines

Council	20 July 2016
*Item 13.1 - Attachment 1*	Certificate of Investment

Council	20 July 2016
*Item 15.1 - Attachment 1*	Resolutions of the 2015 National General Assembly of Local Government

Council	20 July 2016
*Item 19.1 - Attachment 1*	Media Release - Property Addressing Issues

Council	20 July 2016
*Item 19.1 - Attachment 2*	LPI Letter of Support for Councils