Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 9 October 2019 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Sharon Tapscott, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Acting Director, Business and Governance, Mr Graham Stubbs

Coordinator Communication and Events, Ms Ariane Rummery

Minute Secretary, Mrs Rebecca Jones

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments  if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


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?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.

Agency advice     

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

 

Disclosure of pecuniary interests / non-pecuniary interests

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. 

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified.  Declarations are made at Item 3 of the Agenda: Declarations -  Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


Council

9 October 2019

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 18 September 2019 as circulated, be taken as read and confirmed.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.  Declarations also to be prior to discussion on each item.

4       Public Forum – report by Mayor of deputations heard prior to the meeting

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Staff Reports – Planning and Environment

 

8.1                Outcome of the Exhibition of Draft Rural Living Strategic Directions Report......................... 9

8.2                Proposed amendment to Chapter 5.6 'Tree and Vegetation Protection' of Bega Valley Development Control Plan 2013..................................................................................................................................... 64

8.3                Proposed Telecommunications Tower, Cnr Togo & Reservoir Streets CANDELO............... 79

8.4                Establishment of Permanent Parking Officer Position........................................................... 138

9       Staff Reports – Community, Culture and Leisure

 

9.1                Festivals and Waste Wise Events Grants Program 2019/ 20................................................ 144

10   Staff Reports –Economic Development and Business Growth

 

Nil Reports

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers         158

11.2              Community Hall Maintenance Funding 2019/20 and Community Hall Committee Nominations     165

11.3              Disposal of Easement to Essential Energy at Pambula Beach................................................ 168

11.4              Road closure - section of Council public road in Merimbula................................................ 171

11.5              Bega Valley Local Traffic Committee......................................................................................... 199

12   Staff Reports – Governance and Strategy

 

12.1              Register of Delegations- Part 1.................................................................................................. 208

12.2              Additional Council Meeting Dates - 2019................................................................................ 228

13     Staff Reports – Finance

 

Nil Reports

 

14     Councillor Reports

 

15     Rescission/alteration Motions

15.1              Rescind Motion No 102/19 Climate Change Strategy............................................................ 231

 

16     Notices of Motion

 

17     Questions with Notice

17.1              Non-residential sewer discharge factors................................................................................. 233

 

18     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 234

              

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

Statement of Re-Commencement of Live Streaming

19     Noting of Resolutions from Closed Session

20   Declassification of reports considered previously in Closed Session  

 


Council

9 October 2019

 

 

Staff Reports –Planning And Environment

 

9 October 2019

  

8.1              Outcome of the Exhibition of Draft Rural Living Strategic Directions Report..... 9

8.2              Proposed amendment to Chapter 5.6 'Tree and Vegetation Protection' of Bega Valley Development Control Plan 2013......................................................................... 64

8.3              Proposed Telecommunications Tower, Cnr Togo & Reservoir Streets CANDELO 79

8.4              Establishment of Permanent Parking Officer Position..................................... 138


Council 9 October 2019

Item 8.1

 

8.1.  Outcome of the Exhibition of Draft Rural Living Strategic Directions Report      

 

This report provides an update on the exhibition of the Draft Rural Living - Strategic Directions report and seeks to re-exhibit the draft, now referred to as the Draft Rural Residential Strategy, following substantial amendments.

 

Director Community Environment and Planning   

 

 

Officer’s Recommendation

1.         That Council re-exhibit the revised Draft Rural Residential Strategy (Attachment 1) for not less than 28 days.

2.         That Council officers inform those who made a submission, during the exhibition of the Draft Rural Living - Strategic Directions report, that the revised draft is being re-exhibited.

3.         That staff report back to Council following the public exhibition period.

 

Executive Summary

Council publicly exhibited the draft Rural Living - Strategic Directions report (exhibited draft report) earlier in 2019 and 18 submissions were received. Detailed comments were also received from the Department of Planning, Industry and Environment (DPIE). On consideration of these submissions and comments, significant changes to the exhibited draft report are proposed. It is recommended that a revised version of the document called the ‘Draft Rural Residential Strategy’ (the revised draft strategy) be publicly exhibited due to the extent of changes proposed.

Background

Rural residential living is a popular form of housing in Bega Valley Shire and, despite our ageing population, demand for this style of living is likely to remain strong in some areas. Council has identified a need to provide strategic direction for the future growth and management of rural residential development. This approach includes planning for future rural residential opportunities with consideration of localised demand and supply, and important productive, environmental, and scenic landscape attributes.

At its meeting of 12 December 2018, Council considered the Draft Rural Living Strategic Directions report and resolved:

1.    That Council note the Rural Living – Strategic Directions report.

2.    That the Rural Living – Strategic Directions report be placed on public exhibition for a period of 28 days from 30 January 2019

3.    That Council officers prepare a summary of the results of the public exhibition and present to a workshop session with Council, prior to adoption of the final report.

4.    That Council forward a copy of the Rural Living – Strategic Directions report to the Department of Planning for their information.

The exhibited draft report was placed on public exhibition from 4 February to 5 March 2019 and 17 public submissions were received. The exhibited draft report was also forwarded to the DPIE who provided extensive feedback on the document. This report summarises the issues raised in the public submissions and by the DPIE and recommends a series of changes to the exhibited draft report. These changes have been incorporated into a revised draft strategy (Draft Rural Residential Strategy - Attachment 1).

Community Engagement

Consultation undertaken

The draft Rural Living - Strategic Directions report was exhibited for a period of 28 days from 4 February to 5 March 2019, with seventeen (17) submissions received from the public. A copy of the draft report was also sent to DPIE, who also provided a submission.

Discussion of issues raised in feedback to the draft report

1.   Explanation of methodology and recommendations

DPIE supported the objectives of the exhibited draft report and the catchment-based approach. DPIE also suggested several changes to update the data and provide greater clarity about the areas recommended for future growth. Several of DPIE’s suggestions were also raised in the public submissions, in particular the need for clarity around which land was included in the areas recommended for future development.

The revised draft strategy includes a revised methodology section, updated figures and solid outlines on maps to more clearly identify areas to which recommendations apply and to enable potential yield calculation.

A map-based land methodology has been developed to identify areas that are likely to be suitable for rural residential development. Application of this methodology has led to several refinements to the areas recommended for future rural residential use in the Merimbula and Towamba catchments, as well as additional suitable land being identified in the Bega, Candelo, Cobargo, Merimbula, Pambula and Wolumla catchments. These refinements are reflected in the revised draft strategy.

Details of the criteria used to identify suitable land have also been included in the revised draft strategy to provide transparency on the analysis and assessment that was undertaken to identify new growth sites. Commentary on each catchment outlining why the proposed growth areas are the most capable, or suitable, for additional rural residential development has also been developed.

2.   Protection of valuable agricultural lands

Several submissions raised the issue of the need to protect important agricultural land to minimise the risks faced by the dairying industry in our Shire, and food security more generally. Some of the objectives aim to avoid areas of important agricultural land and to avoid and minimise potential for land use conflicts with productive, zoned agricultural land.

To ensure that valuable agricultural land is protected, and growth remains consolidated, the exhibited draft report was reviewed to ensure that the land recommended for rural residential purposes:

·    is not part of a large contiguous existing agricultural land holding,

·    does not contain Soil Capability Classes 1, 2 and 3 under the Office of Environment and Heritage’s NSW Land Capability Mapping,

·    is not within 500m of an existing agricultural activity that generates noise and odour (based on the objectives of the NSW Right to farm policy and the considerations for minimising potential land use conflict detailed in the Primary Production and Rural Development SEPP 2019), and

·    is largely surrounded by existing rural residential areas or highly fragmented farmland.

This review resulted in several adjustments to the land recommended as suitable for future rural residential zoning.

3.   Need for smaller agricultural lots to promote agricultural innovation, sustainability and value-add opportunities

Issues relating to the need for smaller, more affordable agricultural lots where dwellings are permitted was raised in several submissions. Within the Shire there is considerable potential to expand local food production and processing, and agribusiness has been identified as one of Council’s six Priority Industry Sectors for future economic development. There is potential for these types of land uses to be encouraged through the application of the RU4 Primary Production Small Lots zone.

While identification of land suitable for small lot agriculture was beyond the scope of the project, the revised draft strategy addresses this issue by providing opportunity for landowners to prepare a planning proposal to rezone land to RU4 Primary Production Small Lots, with an appropriate lot size, if the applicant can demonstrate objectives of the zone are met. The revised draft strategy retains the original recommendation for future investigations into the application of the RU4 Primary Production Small Lots zone in fragmented rural areas with suitable characteristics to encourage local agribusinesses.

4.   Additional dwelling opportunities on rural land to support diversity of the agricultural industry

Several submissions suggested that there is a need for additional dwelling opportunities on rural land to support the economic viability of small farming enterprises. Current provisions regarding multiple dwellings or land sharing in Bega Valley Shire are limited to the Rural Land Sharing provisions under Schedule 5 of the Primary Production and Rural Development State Environmental Planning Policy (SEPP) 2019.

Application of the SEPP is limited in Bega Valley Shire, as it only applies to land holdings that meet the minimum lot size which is generally 120ha in our rural areas, and few parcels of land currently meet that standard. The revised draft strategy provides for consideration of the application of the RU4 Primary Production Small Lots zone in some circumstances, which could potentially have a smaller lot size that may then enable land sharing in accordance with the SEPP.

5.   Housing affordability

The issue of the potential of rural land to be used to improve housing affordability was raised in some submissions. While rural land with dwelling entitlements can be more affordable, the more affordable land tends to be relatively isolated. The lack of connectivity and proximity to social and community infrastructure in existing urban settlements means that these locations are not ideal for provision of more affordable options.

Under the provisions of Bega Valley Local Environmental Plan 2013 (BVLEP 2013) several housing options, including dual occupancies and rural worker dwellings, are available on rural land that can support the provision of affordable housing in rural areas. The revised draft strategy includes a recommendation to review the land use tables for rural zones for opportunities to identify affordable housing options. These include Secondary Dwellings, which are not subject to developer contributions and are currently not permitted in the RU1 Primary Production, RU2 Rural Landscape, and RU4 Primary Production Small Lot zones.

6.   Dwelling opportunity on land lost following the gazettal of BVLEP 2013

Prior to the introduction of BVLEP 2013 provisions existed for certain rural land to have the opportunity for the consideration of a dwelling. This opportunity was lost because of the [then] Department of Planning’s requirement that BVLEP 2013 adopt the Department’s model provisions for Clause 4.2A Erection of dwelling houses on land in certain rural, residential and environmental protection zones, which restricted eligibility to lots created under an Environmental Planning Instrument. As a result of the introduction of this clause several landowners lost the ability to construct a dwelling on their land.

On re-consideration of this issue, DPIE has advised that following the gazettal of BVLEP 2013 the model provisions have been changed and no longer restrict the clause to lots created under an Environmental Planning Instrument. While this issue is not part of the scope of this project, Council staff will prepare a separate report on this matter for consideration at a future Council meeting.

7.   Details about villages and village growth

DPIE suggested that further analysis of the village demand, supply, and shortfall figures was needed to justify future village expansion recommendations in the exhibited draft report. The revised draft strategy removes the village analysis and opportunities for village living will be explored in the upcoming Residential Land Strategy. Several of the areas identified in the revised draft strategy for future village growth, particularly in relation to Candelo, Cobargo and Quaama, have been amended to reflect additional investigations by Council’s Water and Sewer Services.

8.   Requests for land to be included in future growth areas

Many submissions to the exhibited draft report requested certain land be included in the areas recommended as suitable for rural residential rezoning and/or for a reduction in lot sizes. These requests and the potential implications of the revised draft strategy are discussed on a case by case basis in Attachment 2 to this report. 

9.   Other significant changes to exhibited draft report

Recommendations in the exhibited draft report that related to back-zoning of land, or reviewing lot sizes with a view to reducing subdivision potential, have been removed. This is because it is unlikely that the work involved in this would outweigh any public benefit. All development applications for subdivision of land for rural residential purposes need to be assessed against the requirements of BVLEP 2013 and other Council or NSW Government planning controls, including the NSW Planning for Bushfire Guidelines and Biodiversity legislation, which will determine the actual development potential of the land.

Recommendations for further investigations of land for rural residential purposes have also been removed. In developing and applying the map-based methodology for land constraints analysis the additional investigation work that was recommended in the exhibited draft report has been finalised, enabling a final recommendation to be made.

Financial and resource considerations

The preparation of the draft revised strategy and its public exhibition have been undertaken as part of Council’s regular work program. Minor financial impacts associated with advertising and printing will be absorbed in Council’s adopted budget.

Legal /Policy

Once adopted, the Rural Residential Strategy will represent Council’s endorsed policy position with regard to rural residential development. It will be a key guiding document for future reviews of the BVLEP 2013 and will inform Council’s Local Strategic Planning Statement which is currently under development.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completion of the Rural Residential Strategy is a key result area for Council in the Operational Plan and is a critical supporting document to inform the Local Strategic Planning Statement currently being prepared.

Environmental/Sustainability

The revised draft strategy has identified areas for future rural residential growth, having regard to environmental considerations and sustainability principles. 

Economic

Provision of rural residential land is an important component of the residential offerings available to the market, and supports diversity in both housing stock and local agribusiness.

Risk

In accordance with the South Coast and Tablelands Regional Plan 2036, land is unable to be zoned to meet rural residential growth demands without an adopted strategy.

Social / Cultural

The revised draft strategy seeks to provide affordable and diverse housing and reflect the importance of rural living to the local community.

 

Attachments

1.          Attachment 1 - Revised Draft Strategy

2.          Attachment 2 - Summary of submissions relating to specific land holdings

 


Council

9 October 2019

Item 8.1 - Attachment 1

Attachment 1 - Revised Draft Strategy

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

9 October 2019

Item 8.1 - Attachment 2

Attachment 2 - Summary of submissions relating to specific land holdings

 


 


 


Council 9 October 2019

Item 8.2

 

8.2.  Proposed amendment to Chapter 5.6 'Tree and Vegetation Protection' of Bega Valley Development Control Plan 2013     

 

This report recommends that Chapter 5.6 ‘Tree and Vegetation Preservation’ of Bega Valley Development Control Plan 2013 be amended to reflect changes in the biodiversity framework, and that the amended Chapter 5.6 be publicly exhibited

 

Director Community Environment and Planning  

 

 

Officer’s Recommendation

1.         That Council publicly exhibit an amendment to Chapter 5.6 ‘Tree and Vegetation Preservation’ of Bega Valley Development Control Plan 2013 for not less than 28 days.

2.         That Council officers report back to Council on the outcomes of the exhibition process.

 

Executive Summary

Chapter 5.6 of Bega Valley Development Control Plan 2013 (BVDCP 2013) sets out the approval requirements for the removal of native and non-native vegetation within Bega Valley Shire. The current version of Chapter 5.6 requires amendment to reflect the land management and biodiversity conservation reforms introduced by the NSW Government.

The new biodiversity framework includes several assessment pathways for vegetation clearing under Parts 4 and 5 of the Environmental Planning and Assessment Act 1979, the Local Lands Services Act 2013 and State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP).

The current version of Chapter 5.6 requires a vegetation permit or development application for clearing depending on the location and type of vegetation to be removed. The draft Chapter identifies the assessment criteria, exemptions and approval pathways for the clearing of native and non-native vegetation on specific land use zones under the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

Background

The approval process for clearing vegetation is detailed under Chapter 5.6 of BVDCP 2013 and previously empowered by Clauses 5.9 and 5.9AA of BVLEP 2013, which were repealed with the introduction of the Vegetation SEPP in August 2017. This SEPP applies to all non-rural land in Bega Valley Shire except for National Park, conservation areas and State Forest land.

A vegetation permit from Council or approval from the Native Vegetation Panel of NSW (an independent body established under the Local Lands Services Act 2013) to clear vegetation is now a requirement where the Vegetation SEPP applies. It should be noted t that a Council can now issue a permit under the Vegetation SEPP for vegetation clearing that has been identified in a Development Control Plan and is under the Biodiversity Offset Scheme threshold (which means no biodiversity offset for the development is required). An exception is where the vegetation is a listed heritage item or within a heritage conservation area, in which case approval under BVLEP 2013 is required.

In general, councils can no longer require development consent for clearing of native vegetation that is not ancillary to another activity requiring development consent with the exceptions including clearing of coastal wetlands or littoral rainforest under State Environmental Planning Policy (Coastal Management) 2018.

The current version of Chapter 5.6 of BVDCP 2013 requires updating to reflect these legislative changes and ensure there is an appropriate approval mechanism for the removal of vegetation.

Community Engagement

Consultation Planned

The proposed amendment would be placed on public exhibition for a period of not less than 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed amendment is consistent with Council’s responsibilities to ensure its strategic planning documents are updated to reflect any legislative changes.

Environmental / Sustainability

The new biodiversity legislation introduces a balanced approach to land management and biodiversity conservation in NSW. The Biodiversity Conservation Act 2016 and the Local Land Services Act 2013 support sustainable development and productive farming that responds to environmental risk.  The biodiversity reforms introduced some significant changes to the way we protect our biodiversity, how we regulate a range of development activities on land and how the impacts of these activities on the natural environment are managed.

The purpose of the Biodiversity Conservation Act 2016 is to maintain a healthy, productive and resilient environment, now and into the future, consistent with the principles of ecologically sustainable development. The Vegetation SEPP aims to preserve urban amenity through preservation of urban vegetation and protection of biodiversity values.

Economic

The NSW Government’s biodiversity conservation reforms seek to streamline the process for managing biodiversity impacts of development.  As the development industry matures in its understanding of the new regulatory framework, it is likely that compliance costs will be reduced.

Risk

The current version of Chapter 5.6 of BVDCP 2013 does not reflect the land management and biodiversity conservation reforms introduced by the NSW Government. Without amendment there is a risk that vegetation could be removed contrary to the current Legislative requirements which could lead to legal action against an individual and potential liability for Council for not updating the DCP.

Social / Cultural

There are no direct social or cultural impacts associated with the proposal. 

 

Attachments

1.          Draft DCP Chapter 5.6 Tree and Vegetation Preservation

2.          Current version of DCP Chapter 5.6 Tree and Vegetation Preservation   


Council

9 October 2019

Item 8.2 - Attachment 1

Draft DCP Chapter 5.6 Tree and Vegetation Preservation

 


 


 


 


 


 


 


 


Council

9 October 2019

Item 8.2 - Attachment 2

Current version of DCP Chapter 5.6 Tree and Vegetation Preservation

 


 


 


 


Council 9 October 2019

Item 8.3

 

8.3. 2018.266 Proposed Telecommunications Tower, Cnr Togo & Reservoir Streets CANDELO       

 

Director Community Environment and Planning  

 

Applicant

Visionstream Australia Pty Ltd

Owner

Bega Valley Shire Council

Site

Lot 1 DP 89333 Cnr Togo and Reservoir St

Zone

SP2 Infrastructure

Site area

3459m2

Proposed development

Telecommunications Tower (monopole design, 15m in height) and ancillary infrastructure

Precis

This Application is being reported to Council for determination as the proposed telecommunications infrastructure is to be erected on Council land and significant objection to the proposal has been expressed by residents of Candelo.

 

 

Officer’s Recommendation

1.   That Development Application 2018.266, for a telecommunications facility at Lot 1 DP 89333, Togo Street, Candelo be refused for the following reasons:

a.         the Application fails to adequately demonstrate that co-location on existing infrastructure in the locality is not practical or feasible;

b.         the Proposal would have an adverse visual impact on the immediately adjoining residential properties and the broader locality of Candelo;

c.         the Application fails to minimise the proliferation of telecommunication facilities and associated visual clutter in the locality, which would be incompatible with the identified heritage significance of the village of Candelo; and

d.         the Application fails to demonstrate net positive social and environmental impacts for the community of Candelo from a new telecommunications tower.

 

2.   That those parties who made a submission be advised of Council’s determination of the Application.

 

 

Executive Summary

Visionstream (the Applicant, on behalf of Telstra) is seeking approval to install a 15 metre high monopole telecommunications facility, with ancillary infrastructure (including fencing and signage) on Lot 1 DP 89333, at the corner of Togo and Reservoir Streets, Candelo.  The monopole and ancillary infrastructure would replace, and upgrade, existing Telstra low impact telecommunications facilities currently attached to the Candelo water reservoir.

 

The Application is being reported to Council, as Council is the landowner, and a number of objections to the proposal have been received.  A total of 38 submissions (2 supporting, 36 objecting) were received during the first notification period (which was for a 20 metre high monopole) and 24 submissions (all objections) were received during the second notification period, after the design was amended to a 15 metre high monopole.

 

Submissions objecting to the Application raised concerns about the adverse visual impact of this infrastructure upon the heritage character of the Candelo village and the visual impact from adjacent residential dwellings, and questioned what opportunities exist for the facility to be co-located with the existing NBN tower, which is located 1.7 kilometres to the north-west of the Candelo village centre.  

Background

In 2003, permission was granted by Council for Telstra to lease the external wall and roof of the Candelo water reservoir tower, for the purpose of a mobile phone and data telecommunication facility.  This facility was classified as a ‘low-impact telecommunications facility’ and did not require the lodgement of a Development Application for approval.  The infrastructure incorporated mobile phone and data antennae and ancillary equipment.   These low-impact facilities have been progressively upgraded over the past 16 years.

 

Council recently requested Telstra to remove the antennae from the water tower due to concerns about:

 

1)            the impact of the equipment on the structural integrity of the water tower; and

 

2)            safety and security issues of contractors and Council staff accessing the water asset to maintain water supply infrastructure.

 

The Development Application under consideration was lodged with Council on 4 July 2018 and originally sought approval for the erection of a 20 metre high monopole.

 

Revised plans were provided to Council on 1 April 2019, reducing the height of the monopole to 15 metres in response to concerns raised in submissions.  This modified application was re-exhibited, and further information was provided by the Applicant, responding to comments raised during this second exhibition period.

Description of the proposal

Telstra seeks to install a telecommunications tower (monopole) with an antennae head frame on Council-owned land known as Lot 1 DP89333 Togo Street Candelo (see Figure 1 and Attachment 1 for the location of the proposal).

 

The development proposes:

·    installation of a new 15 metre high monopole

·    installation of six panel antennas on the monopole at an elevation of 16.3 metres (ie to the top of the antennas)

·    utilisation of the existing Telstra equipment shelter to house electrical equipment associated with the facility

·    installation of ancillary equipment, including radio units (RUs), feeders and cables on the proposed pole, plus installation of associated equipment in the existing shelter

·    security fencing around the proposed compound (6.0 metre x 10 metre in area)

·    maintaining existing access off Togo Street

·    removal of all existing telecommunication equipment from the water tower.

Figure 1 - Map showing the site and immediate surrounds.

 

The primary reasons cited by the Applicant for justifying the installation of the telecommunications monopole and upgrade of services are:

 

a.            The Bega Valley Shire’s Water and Sewer Services requested the removal of Telstra’s telecommunications equipment from the water tower structure

 

b.            Reliable 4GX Telstra services

Providing the depth of coverage required to enable reliable 4GX Telstra cellular services for local residents, businesses and other mobile users. Telstra’s 4GX service is bringing higher speeds and extra 4G coverage to a range of communities across the nation. 4GX includes services provided over Telstra’s new 700MHz spectrum and deliver higher typical mobile speeds on compatible devices, allowing more Australians to experience more reliable connections and ultra-fast mobile internet. It also combines Telstra’s 1800MHz and 700MHz spectrum bands to provide even faster 4G mobile web speeds on compatible devices.

 

The Applicant prefers the proposed location of the new monopole (just east of the water tower – see Figure 3) is preferred in comparison to co-location of services on the NBN tower (1.7 kilometres to the north west of Telstra’s existing facilities) for the following reasons:

·             Superior in-building coverage due to its closer proximity to the majority of buildings in Candelo

·             Superior data throughput to the township due to the water tank location being closer to the subscribers and majority of residential buildings

·             Superior mobile traffic capacity handling, mobile traffic in the township will be distributed over three sectors instead of one as might be the case at the NBN facility

·             Future capacity augmentations including 5G performance will be much more sensitive to the distance variation between the site and service area.

 

A copy of the proposed development plans is provided as Attachment 2 to this report.

Description of the site

The site is located on the eastern ridgeline above the Candelo village.  There is no significant vegetation on the site, which currently accommodates a 10.2 metre high concrete water supply tank that has been partially excavated into the site and includes associated shed structures (Figure 1).  Attached to the tank are mobile phone telecommunications antennae and an existing Telstra equipment shelter. An existing access into the site is located off Togo Street.

 

Figure 2 - Existing site conditions

Figure 3 - Photomontage provided by the Applicant looking south west, showing antennae removed from water tower and proposed new monopole and ancillary infrastructure.

 

The site sits within an established residential area comprised predominately of single dwellings.  Lands to the north-east are cleared and used for grazing purposes.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.  Council officers highlight the key issues of the proposal in this report for Council’s consideration and a copy of the assessing officer’s Section 4.15 assessment is provided as Attachment 3 of this report.

Alignment with relevant legislation

Bega Valley Local Environmental Plan 2013

The subject site is zoned SP2 Infrastructure (Water Supply System).  The objectives of the SP2 zone are:

 

·    To provide for infrastructure and related uses

·    To prevent development that is not compatible with or that may detract from the provision of infrastructure.

Telecommunications towers are not permissible in the SP2 zone under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The application has therefore been lodged pursuant to the provisions of State Environmental Planning Policy – Infrastructure 2007 (the Infrastructure SEPP).

State Environmental Planning Policy – Infrastructure 2007

Clause 115 of the Infrastructure SEPP specifies that development for the purpose of telecommunication facilities may be carried out by any person with consent on any land.

Further, Clause 115(3) states that before determining an application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunication facilities that are issued by the Secretary of the Department of Planning, Industry and Environment (DPIE) for the purposes of this clause and published in the Government Gazette.

NSW Telecommunications Facilities Guideline 2010

An assessment under the NSW Telecommunications Facilities Guideline 2010 has been undertaken. The relevant principles from the NSW Telecommunications Facilities Guideline including Broadband July 2010’, which Council must consider, are detailed below.

 

Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact.

 

(a)          As far as practical, a telecommunications facility that is to be mounted on an existing building or structure should be integrated with the design and appearance of the building or structure.

 

Staff comment:  The application proposes a stand-alone tower and would not be attached to a building or structure. 

 

The placement of the proposed tower would be located to the east, south-east of the existing water tank. The siting does provide screening of the pole when viewed from the west, due to the existing water tank; however, it would be clearly visible from the residences to the south of the site. The height of the tower and antennas would be higher than those that currently exist on the water tower.

 

(b)          The visual impact of telecommunications facilities should be minimised, visual clutter is to be reduced particularly on tops of buildings, and their physical dimensions (including support mounts) should be sympathetic to the scale and height of the building to which it is to be attached, and sympathetic to adjacent buildings.

 

Staff comment:  Since lodgement of the application, the height of the tower has been reduced from 20 metres to 15 metres. The Applicant detailed that the design change is a direct response to concerns raised regarding the overall height of the proposed facility and visual impacts to nearby residents, as raised during the consultation period.

 

Telstra further advised that by changing the design and lowering the proposed monopole height by 5.0 metres, the equipment on the new monopole would be of similar height to the existing equipment on the water tower. The base of the monopole would be at a higher elevation, resulting in the top of the structure being slightly higher than existing equipment on the water tower. The Applicant notes that the height of the facility cannot be lowered any further as the existing water tower would cause interference with the telecommunication equipment.

 

It is acknowledged that by removing the existing antennas and steel infrastructure located on the concrete water tower, some decluttering of the existing infrastructure would occur, including centralisation of the infrastructure onto a monopole.  However, positioning the tower approximately 15 metres to the east-south-east of the existing water tank would increase the bulk and scale of infrastructure located on-site and would add visual clutter to the site when viewed from adjoining residences and roads.

 

The existing equipment shelter would continue to be utilised by Telstra and the proposed lease area remains a small footprint adjoining the existing equipment shelter.

 

Currently, the existing telecommunication facility attached to the water tank is a low impact telecommunication facility that did not require approval and included slim lined supports and antennas. When viewed from further distances, the existing design assists them to blend into the surrounding skyline.

 

(e)       A telecommunications facility should be located and designed to respond appropriately to its rural landscape setting.

 

Staff comment: The proposed tower would be located within an urban village. The site, however, adjoins large lot residential allotments and rural lands further to the east and north east. The proposed tower would be located on the ridgeline and would be visible up to 2 kilometres away, along Kameruka Lane.

 

(f)        A telecommunications facility located on, or adjacent to, a State or local heritage item or within a heritage conservation area, should be sited and designed with external colours, finishes and scale sympathetic to those of the heritage item or conservation area.

 

Staff comment:  Whilst the site is located outside the Candelo Heritage Conservation Area (as defined by Bega Valley Development Control Plan 2013 (BVDCP 2013)), the monopole would be highly visible when viewed from defined heritage conservation areas along William and Sharpe Streets, and from key vantage points throughout the broader Candelo Heritage Area.

 

It is considered that the design of the telecommunication monopole and ancillary antennae would result in an inappropriately scaled structure, which would not be visually sympathetic to the heritage significance of Candelo village, particularly when viewed from various public vantage points. The Candelo village has a generally low-set built form, within established landscaped settings.  It is acknowledged that the water reservoir is a dominant feature within the landscape; however, it is considered that the proposed inclusion of an additional significant visual element (in the form of the tower) would further detract from the character of the village.

 

(g)       A telecommunications facility should be located so as to minimise or avoid the obstruction of a significant view of a heritage item or place, a landmark, a streetscape, vista or a panorama, whether viewed from public or private land.

 

Staff comment:  Whilst the monopole will not directly impede views to a specific heritage item, it would be highly visible when viewed from the William and Sharpe Street conservation areas, which is considered to contain some of the highest quality 19th century village streetscapes located within the Bega Valley Shire.

The Applicant detailed that the reduced height of the monopole design was in direct response to Council’s concerns regarding the overall height of the proposed facility and in response to concerns regarding visual impacts to nearby residents raised during the consultation period.

The key issue for consideration is how the proposed structure responds to the historical setting of Candelo, which has distinctive heritage items and conservation areas that sit within an enclosed landscaped, characterised by a low-set scale, offering unique amenity for its residents.

There are several public vantage points around Candelo that have panoramic views over the village, affording significant views of the heritage fabric. When viewed from these locations, the monopole would become a dominant feature within the landscape.

(i)           A telecommunications facility that is no longer required is to be removed and the site restored, to a condition that is similar to its condition before the facility was constructed.

 

Staff comment: The Applicant has stated that Telstra and its contractors would remove all redundant infrastructure on the water tank if the monopole were to be given approval.

 

(j)           The siting and design of telecommunications facilities should be in accordance with any relevant Industry Design Guides.

 

Staff comment: The Applicant has outlined Telstra’s consideration of the Communications Alliance Ltd Industry Code, stating “These objectives were considered during the site selection process by Telstra and its contractor”.  In the opinion of staff, Telstra has not addressed, to the extent possible, the impacts of the proposal having consideration to the Industry Code, particularly in relation to:

 

a)         the heritage significance of the Candelo village

b)        the site being considered a ‘community sensitive location’*, with the potential of further housing to be erected adjacent to the site into the future

c)         the objective of avoiding a community sensitive location has not been demonstrated

d)        any obligations/opportunities to co-locate facilities have not been appropriately qualified, and

e)         minimisation of electro-magnetic radiation (EMR) exposure to the public.

 

* The Code identifies a ‘Community Sensitive Location’ as “land uses such as residential areas, childcare centres, schools, aged care centres, hospitals and regional icons may be considered as sensitive uses in some communities.  It is acknowledged that each location should be evaluated on a site by site basis to determine community sensitive locations”.

 

Principle 2: Telecommunications facilities should be co-located wherever practical.

 

(b)          Overhead lines, antennas and ancillary telecommunications facilities should, where practical, be co-located or attached to existing structures such as buildings, public utility structures, poles, towers or other radio communications equipment to minimise the proliferation of telecommunication facilities and unnecessary clutter.

 

The Applicant details that “the proposed project at Candelo was initially undertaken as an upgrade of works, seeking to add new mobile technologies to the existing site (concrete water tower). However, following Council’s concerns with the continued use of the water tower, to provide the township of Candelo with improved mobile reception a new structure was deemed the most suitable means forward. Given the new site will be replacing the water tank facility, the best possible location is therefore as close as possible to the existing site so that the existing network is not compromised.”

 

Staff comments:  Definitive documentary evidence has not been forthcoming from the Applicant to prove that co-location is not practical.  The Applicant did provide additional information detailing coverage maps of the Candelo area from the proposed site and that available from the existing NBN/Optus Tower, concluding that the existing water tower site provides:

•          All sites work on the principal of having three sectors serving a 360 degrees radius eg 120 degrees per sector so that maximum coverage can be achieved to cover the community we are trying to cover.

•          In reviewing a site as an option the two main items that are looked at are the coverage of the site in relation to the target area in this case the township of Candelo, as you would appreciate the closer the transmitting signal to the receiving end eg the mobiles phone the better the ability to receive the call and the less power needed, we acknowledge that both sites will provide coverage but the existing site will have superior in building coverage when compared to the NBN site due to the proximity of the site to the customer.

•          And capacity, the Telstra Water Tank site has superior data throughput to the township due to the water tank location being closer to the subscribers in the majority of residential buildings, in fact as the in town site will have two sectors covering it, it will have double the capacity capability.

•          Future capacity augmentations including 5G performance will be much more sensitive to the distance variation between the site and service area as such the closer to the phone or device the better the coverage and capacity.

 

Staff maintain concerns that the Applicant has not fully demonstrated the differences in service availability between the co-location site (NBN/Optus tower) and the site subject to this Development Application.

 

The co-location site (NBN/Optus tower) already provides 4G networks to Candelo, with the Applicant acknowledging that both sites would provide coverage, noting that the existing Water Reservoir site would provide superior in-building coverage when compared to the NBN site due to the proximity of the site to the customer. The Applicant submits that the site has been chosen as it would provide faster service. 

 

As it has not been adequately demonstrated that service coverage would be reduced if Telstra co-located at the existing NBN/Optus Tower, staff maintain concerns regarding the proliferation of telecommunication facilities in the Candelo village.

(c)          Towers may be extended for the purposes of co-location, and

(d)          The extension of an existing tower must be considered as a practical co-location solution prior to building new towers.

 

Staff comment: Should approval be granted to this proposed new tower, further applications for co-location onto this facility could reasonably be anticipated, which could potentially increase the height of the facility in the future.  This may intensify impacts on adjoining lands and have visual impact considerations for the wider Candelo catchment.

 

(e)       If a facility is proposed not to be co-located the proponent must demonstrate that co-location is not practicable.

 

Staff comment:  The Applicant states that co-location cannot occur for the following reason: ‘the signal broadcasted to the north and northwest will interfere with the existing Telstra coverage in that direction.  Not only will this cause the Telstra facility to lose the functionality of at least 2 sectors, but also will result in the south-eastern parts of Candelo being left without sufficient coverage.  This will require a new base station in future along Candelo Wolumla Road’.

 

Telstra’s reasons for locating the monopole in its proposed location are noted in terms of the signal penetration in–building and data capacity issues, which Telstra estimates to be superior to that of co-locating on the NBN tower 1.7 kilometres north-west of Candelo as the facility would be closer to the end users of Candelo.

 

In terms of coverage area; however, Telstra’s co-location on the NBN/Optus tower would not appear to cause any significant loss of coverage to residents, based on the information provided by the Applicant to date.

 

Principle 3: Health standards for exposure to radio emissions will be met

(a)          A telecommunications facility must be designed, installed and operated so that the maximum human exposure levels to radiofrequency emissions comply with Radiation Protection Standard.

 

Staff comment:  The Applicant has provided documentation detailing that the current maximum cumulative electromagnetic energy (EME) level (at 1.5 metres above ground level) for the existing system at this site is 1.65% out of 100% of the acceptable public exposure limit (experienced 74 metres from the location).  The maximum EME level calculated for the proposed new tower would be 4.37% out of 100% of the public exposure limit (experienced at 72 metres from the location).

 

(b)          An EME Environmental Report shall be produced by the proponent of development to which the Mobile Phone Network Code applies in terms of design, siting of facilities and notifications.  The Report is to be in the format required by the Australian Radiation Protection Nuclear Safety Agency. It is to show the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and demonstrate compliance with the Mobile Phone Networks Code.

 

Staff comment: Applicant has provided documentation that the monopole would operate within safety limit thresholds set by the Standard. 

Social/cultural considerations

Heritage

The proposed telecommunications facility would be located approximately 80 metres from the eastern edge of the Candelo Heritage Area, as detailed in BVDCP 2013 and is located upslope and approximately 350 metres east of the mapped BVLEP 2013 William Street Heritage Conservation Area (Figure 4). 

 

 

Figure 4 – Location of the site in relation to the Candelo Heritage Area identified in the Development Control Plan 2013. 

 

BVDCP 2013 Section 5.2 provides requirements for development in Heritage Conservation Areas and to heritage items or developments within their vicinity.

 

The objectives under DCP 2013 Section 5.2 seek to:

•       Retain the heritage and streetscape character of Heritage Conservation Areas.

•       Ensure that development to a non-heritage item within a Heritage Conservation Area, and development adjacent to a heritage item must consider its potential impact on the item or group.

 

BVDCP 2013 provides further guidance that where a structure is unable to achieve a suitable design standard, for example because of its utilitarian or specific nature, it is to be lower, set back from adjacent structures and incorporate screening.

 

The upper portion of the 15 metre high monopole (including head frame) would be clearly visible from public vantage points along William Street, Sharpe Street (western side of Candelo Creek) and other vantage points in the Candelo Heritage Area (see Figures 5-7). 

Figure 5 - Main visual impact would be from this public vantage point at the corner of Kameruka Street and William Streets

 

Figure 6 - Extended view over bridge, towards corner of Kameruka Street and William Streets

Figure 7 - View through William Street from Candelo Park – top 5 metres of the tower would be visible above the water tower

 

The application was referred to Council’s Heritage Advisor to assess the potential impact on the Candelo Heritage Conservation Area.  The Advisor’s comments are provided below:

‘’The village of Candelo is recognised as having special values that need to be protected. All proposed development must take account of potential impacts upon the aesthetic and historic qualities of the area along with its potential to diminish the sense of place that is highly important to residents of the village and to the people of the Shire alike.

….the proposed infrastructure will cause irreparable damage to the established visual amenity of the town, to the historic and aesthetic attributes that form the unique character that is associated with the area, and that the proposed siting is therefore inappropriate, especially considering that a far less intrusive alternative site already exists where Optus and NBN have sited their telecommunications infrastructure. Refusal for the proposal is recommended.”

From analysis, staff concur that the visual impact of the tower, even if partially screened by the profile of the existing water tower, would diminish the visual unity of the ridgeline when viewed from the William and Sharpe Street heritage precincts and from parts of the western Candelo Heritage Conservation Area that look across the valley to the east. 

Residences and views afforded from streets on the eastern side of Candelo would view a tower that would be sited higher than the water tank, which would sit more prominently in the ridgeline profile.  Its form and structure would therefore be more pronounced than the existing infrastructure currently erected on the water tower.

Community Engagement

The Application was initially notified to adjoining and adjacent land owners.  In response to community concerns for further participation in the planning process, the Application was re-notified from 3 August 2018 to 17 August 2018 to a radius of property owners and occupants on the eastern side of Candelo Creek.

Thirty-eight (38) submissions were received (2 in support, 36 in objection).

The Applicant was asked to address the concerns raised in submissions.  Based on the issues raised, the Applicant revised the height of the monopole from 20 metres to 15 metres.   The amended plans were re-notified on 11 April 2019, with twenty-four (24) submissions received objecting to the proposal.

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

A more detailed summary of key issues raised in submissions is provided as Attachment 4 to this report and a copy of all submissions will be tabled at the Council meeting for the review and consideration of Councillors.

Negative visual impact/too close to existing dwellings – facility should be relocated or co-located

Staff comment:   The visual impact for immediately adjoining residents and the broader community is considered high, given the site’s location on the ridgeline above the main commercial area of Candelo (which contains a number of heritage-listed properties and Heritage Conservation Areas).  The tower would be located approximately 60 metres from the nearest residence (Figure 8), noting there are vacant allotments in closer proximity to the site that would permit residential development.

The visual impact of the development is considered high as:

·    The site is located on a high set ridge above a creek valley (where the most historic buildings are located).  The top half of the tower would be clearly visible from many vantage points from the village centre and also from residences and public vantage points on the western side of the Candelo Village.

 

·    The visual nature of a grey pole with metal antenna is considered to add visual clutter to the existing ridgeline, comprising a hard, modern element in an otherwise 19th century village landscape.

Figure 8 - Image from adjacent residence showing location of proposed monopole – provided by third party

 

Negative impact on overall heritage qualities of township

Staff comment:  The impact on the heritage significance of the village of Candelo has been detailed earlier in this report.  Staff consider that the addition of a highly visible structure in a prominent location within the village of Candelo would have an unreasonable impact on the heritage qualities of the township.

There are various public vantage points that would have the tower in the visual catchment and it is considered that it would negatively impact on the historical amenity and character of the Candelo Village. 

Misleading information in Statement of Environmental Effects (tower is not on the edge of town and photomontage is deceptive as it is taken from a lower contour)

Staff comment:  The photomontages provided by the Applicant are provided in close proximity to the site and do not provide a wider analysis of the potential impact when viewed from surrounding public vantage points within Candelo.  The subject site is surrounded by urban zones (RU5 village and R5 Large Lot Residential) with the potential for Candelo to expand around the site.  The photomontage images are considered acceptable and are a relatively accurate representation of what the tower would look like in the immediate landscape.

The proposed site is a high wind area which may damage new infrastructure

Staff comment:  Appropriate conditions of consent could be imposed to ensure that any structure at this location be designed having due consideration of the potential impacts associated with wind and other climatic conditions.

Health risks

Staff comment:  The Applicant provided an EME assessment identifying the development would increase existing levels currently emitted by the existing Telstra facilities located at the site; however, confirmed that the increased levels are within safe exposure limits.

Loss of Property Values

Staff comment:  One submission provided written advice from a local real estate agent detailing the potential for loss in value of the property should the tower be erected. This is not a valid planning consideration and therefore is not assessed as part of this Application.

Co-location opportunities with the existing NBN tower

Staff comment:  As detailed previously in this report, the documentation provided by the Applicant justifying the Water Reservoir site as the preferred option for the provider is noted and these objectives are considered to be valid.  However, staff consider co-location is the desired outcome for the community of Candelo.

Letters of support

Two submissions provided support for the Application.  The submissions detailed that the authors live a couple of hundred metres from the proposed site and feel that the increased phone coverage that the facility would provide far outweighs any aesthetic concerns that people may have. The submission detailed that concerns relating to the health effects of electromagnetic radiation claims in the past have not been proven.

Financial and resource considerations

The Applicant could appeal Council’s decision, should the proposal be refused, which would incur legal costs and staff resources to defend the decision.

Options for Council

The following options are available to Council, in its consideration of this matter:

1       Refuse the Application, as recommended by staff in this report.

 

2       Defer consideration of the matter and request a further report detailing draft Conditions of Consent and relevant Section 4.15 Matters for Consideration that would enable approval of the Application.

 

3       Defer consideration of the matter and request additional information from the Applicant to demonstrate the reasons why co-location is not practicable.

 

 

Attachments

1.          Locality Plan

2.          Development Plans

3.          Section 4.15 Planning Assessment Report - Matters for Consideration

4.          Summary of Submissions  


Council

9 October 2019

Item 8.3 - Attachment 1

Locality Plan

 


Council

9 October 2019

Item 8.3 - Attachment 2

Development Plans

 


 


 


 


Council

9 October 2019

Item 8.3 - Attachment 3

Section 4.15 Planning Assessment Report - Matters for Consideration

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

9 October 2019

Item 8.3 - Attachment 4

Summary of Submissions

 


 


 


 


 


Council 9 October 2019

Item 8.4

 

8.4.  Establishment of Permanent Parking Officer Position     

 

This report proposes that Council establish a permanent Parking Officer position, to regulate timed and managed parking within Bega Valley Shire, following successful completion of the recent parking compliance trial.

 

Director Community Environment and Planning  

 

 

Officer’s Recommendation

That Council establish a permanent Parking Officer position within the Community Safety and Compliance team for the ongoing compliance of timed and managed parking within the Bega Valley Shire.

 

Executive Summary

Council officers have recently completed a trial of a dedicated parking compliance officer to regulate parking within the Bega Valley Shire. This trial has been successful in encouraging people to comply with parking limits in the Shire’s main town centres and it is now proposed that the position is established, as a permanent role, within Council.

The establishment of a full time Parking Officer position will allow Ranger staff to concentrate on other compliance priorities.

Background

At its meeting of 14 March 2018, Council resolved to undertake a dedicated parking compliance trial.  The aims of the trial were to:

•     encourage people to change their parking habits, and 

•     add value to traffic management measures applied through Local Traffic Committee.

The trial arose out of perceptions that a lack of turn-over of timed spaces was affecting the viability of local business, reducing accessibility for those wishing to visit our town centres, and reducing community respect for compliance signage across the Shire. 

The trial was undertaken, between 21 May 2019 and 13 September 2019, with one dedicated full-time Parking Officer focusing entirely on timed parking areas within Bega, Bermagui, Merimbula, Pambula and Eden.  During this period, the Parking Officer identified significant non-compliance with parking limits (Attachment 1). 

As the trial progressed, increased turn-over of parking spaces and improved traffic flow were observed. Additional positive benefits of the trial included increasing driver knowledge of parking signage, provision of directions to visitors, increased rapport with local businesses, and provision of information on a range of other Council services.

Options

Options available to Council are to:

1.    Establish a permanent Parking Officer position within Council. This is the recommended option, as it provides a dedicated compliance resource to compliment Council’s investment in traffic management infrastructure across its town centres.

 

2.    Discontinue the dedicated resource at the end of the trial.

 

3.    Divert existing permanent Rangers to parking compliance services. 

Community Engagement

Consultation undertaken

Consultation in relation to the recommendation has been undertaken with Councillors, through a Councillor briefing, senior staff and Council’s Community Safety and Compliance team

Ongoing positive feedback has been received from local business owners and members of the community, who have voiced their appreciation at the improvement of parking availability within all four town centres.

Some negative feedback was received from drivers, primarily relating to perceptions that non-compliance with parking signage was acceptable and concerns about the project focussing on revenue raising.

Financial and resource considerations

The trial returned $13,589 ($53,489 revenue less $39,900 expenditure) to Council, which was within Council’s adopted budget.

Costs to establish and maintain a permanent Parking Officer role in Council are estimated at $22,000 in one off capital cost and around $100,000 per annum in operational costs.

Funding source

 

Amount

Trial Parking Officer budget

$

$50,000

There is currently no budget allocation for a permanent Parking Officer position.  During the trial, 496 penalty infringement notices were issued with a total value of $76,413.00.  Of this revenue, on average, 70% is returned to Council from the Office of State Revenue after 90 days. Extrapolating these figures, the annual return is expected to be around $144,000.

On this basis, establishment of the role would be budget positive for Council, in the order of $44,000 per annum, which would partially offset the cost of other compliance services that Council provides.

Legal /Policy

Parking compliance is a core function of local government. The position, if established, will hold delegations under the Local Government Act 1993, the Roads Act 1993 and the Roads Transport Act (General Regulation) 2013.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with the following elements of the Community Strategic Plan:

 

Goal 7:                  Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Strategy 15:        Provide proactive programs and support organisations and services that respond to the safety needs of our community.

Environment & Sustainability

The proposal does not have direct environmental benefits. Indirect benefits include reduced traffic movements, as drivers spend less time looking for places to park within our town centres, and increased Ranger effort on environmental compliance activity such as illegal dumping and protection of migratory shorebirds, rather than parking compliance.

Economic

The proposal contributes to economic activity within the Shire’s town centres by increasing the turn-over of parking, which improves access to shops, and reducing the amount of time spent looking for parking, which reduces traffic congestion and associated loss of productive time.

Risk

Parking compliance is part of the regular business of Council and does not introduce any organisational new risks. Work, health and safety risk management is undertaken in accordance with standard Council procedures. 

Social / Cultural

The trial was implemented at the request of the Local Traffic Committee and has been supported by local Chamber of Commerce groups. Effective compliance management of timed parking spaces within Bega Valley Shire will improve traffic flow and shopper turn over in the major centres resulting in increased visitors to the shopping districts; especially during busy holiday times. This is likely to increase visitor satisfaction as the availability of parking spaces will be increased.

 

Attachments

1.          Infringements identified during the parking trial  

 


Council

9 October 2019

Item 8.4 - Attachment 1

Infringements identified during the parking trial

 

PDF Creator

 

 


 

Staff Reports – Community, Culture and Leisure

 

9 October 2019

  

9.1              Festivals and Waste Wise Events Grants Program 2019/ 20............................ 144


Council 9 October 2019

Item 9.1

 

9.1Festivals and Waste Wise Events Grants Program 2019/ 20     

 

Applications for Festivals and Waste Wise Events Grants have been received and assessed.  This report seeks a resolution of Council to allocate the grants to successful applicants.

 

General Manager  

 

 

Officer’s Recommendation

1.    That Council allocate funds as follows:

                A.           Cobargo Folk Festival $4,000

                B.            New Year’s Eve Merimbula $15,000

                C.            New Year’s Eve Eden $3,500

                D.            Tathra Mountain Bike, Speed Nationals $500

                E.            Tathra Enduro $1,000

                F.            Christmas on Imlay $3,500

                G.           Far South Coast Film Festival $1,000

                H.            Food Truck Collective Eden and Tathra $2,000

                I.             Bemboka Lions Club Christmas Fair $1,000

                J.             Bega Customer Service Awards $2,000

                K.            Spiral Gallery Water Open Art Prize and Street Art Workshops $2,000

                L.             Four Winds Easter Festival Bermagui $2,000

                M.          Wharf2 Waves Tathra $4,000

                N.           Merimbula Jazz Festival $1,650

                O.           Rainbow Wave Festival $5,500

                P.            Bega Valley Motorcycle Expo $3,000

                Q.           Merimbula Carols on the Mountain $1,000

                R.            NAIDOC Community Day Bega $1,500

                S.            Sculpture Bermagui $1,500

                T.            Old Bega Hospital Spring Fair $500

                U.           Less Waste at Taste Boydtown $2,000

                V.            Seaside Markets Merimbula $2,000

                X.            Eden Whale Festival $5,500

                Y.            Ripples of Thunder Sound Workshops Cobargo and Nethercote $5,800

2.    That officers write to all applicants advising them of the outcome of their applications.

 

Executive Summary

Applications for combined Festivals and Waste Wise Events Grants have been assessed by the Festivals and Events Review Committee (Attachment 1) and are now ready for Council’s consideration.

Background

The 2019/20 Festivals and Waste Wise Events Grants were amalgamated to streamline the application process for community event organisers and promote best practice sustainability practices across the Shire (see Attachment 2).  Available funds for the grant program are $45,000 for Festivals and Events and $30,000 for Waste Wise Events. The grants were advertised across the Shire from 16 August 2019 to 3 September 2019, and a total of 27 applications were received. Two applications were subsequently withdrawn.

At its ordinary meeting of 22 November 2017, Council resolved to a commit $15,000 annually for three years to the Merimbula New Year’s Eve Fireworks Spectacular. The purpose was to establish this as the main New Year’s Eve event for the Shire. The current year (2019/20) is the last year of this commitment.

All applications have been reviewed by the Festivals and Events Review Committee and its recommendations are provided in Attachment 1 for Council’s review and resolution.

Options

Options available to Council are to:

1.    Accept the recommendation of the Festivals and Events Review Committee.  This is the recommended option.

2.    Accept a different set of grant applications to those recommended by the Festivals and Events Review Committee. Councillors would need to identify alternative grant applications for funding.

3.    Not accept any grant applications.

Community Engagement

Consultation undertaken

Council staff undertook internal consultation regarding the amalgamation of the Festivals and Events Grants and the Waste Wise Events Grants. The Grants were advertised across the Shire during August and early September 2019.

Consultation Planned

Council officers will contact applicants in relation to Council’s resolution on their applications and will also seek feedback from stakeholders later in 2019 about the amalgamated grant process.

Financial and resource considerations

Funds will be sourced from two different programs as listed in Table 1, with a total value of $75,000.   Grant applications totalling $111,950 were received.  The proposed funding allocations are within the allocated budget.  A total of $30,000 from the Waste Wise Event Grants budget and $41,450 from the Festivals and Events budget is recommended.


 

Table 1 – Budget allocation for Festivals and Waste Wise Events Program

Funding source

 

Amount

Southern Phone Dividend

$

45,000

Waste Wise Event Grants

$

30,000

 

The funding limits for each grant category within the grant program are described in Table 2.

Table 2 – Grant program funding categories

Program Category

Funding Amount

Description

BVSC Recognition

Availability

Regional

Event

 

Up to $10,000

 

·    a significant event with a number of partners

·    attracts people from outside the Shire as well as residents

·    generates significant value add to local businesses

·    attracts a large number of people

·    generates or self-funds a considerable portion of the event

·    may add to or leverage grants from another level of government

·    may run over multiple days and is not replicated in other parts of the Shire, and

·    considers viability and environmental sustainability

Partner

 

1 per year

Total available $10,000

 

District

Event

Up to

$5,000

·    a large event that attracts and provides a focal point for people from the Shire and people already visiting

·    may have other supporters or organisations involved

·    generates some funds but needs greater assistance due to legislative and/or regulatory requirements

·    may have historical ‘roots’, or may be a start-up event needing assistance to become established, and

·    considers sustainability and environmental impacts

Sponsor

 

5 per year

Total available $25,000

 

Local

Event

 

Up to

$1,000

 

·    an important local event that provides a focal point for people of a particular area or community

·    often held annually

·    may be a start-up event needing assistance to become established and would otherwise struggle without BVSC support, and

·    considers sustainability and environmental impacts

Supporter

10 per year

Total available $10,000

 

 

Legal /Policy

The Local Government Act 1993 provides the legislative mechanism to allow Council to provide funds to the community through resolution of Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The grant program addresses the following elements of Council's Community Strategic Plan:

Active and Healthy Communities – Outcome 1

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life.

Strategy 1 - We collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events and care and services for disadvantaged people.

Goal 2 - We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Strategy 4 - We collaborate with partners to provide facilities, activities and services that encourage more people to have active and healthy lifestyles.

Events and Festival activities also supports the Shire’s Economic Development Strategy.

Environmental / Sustainability

The aim of combining the Festivals and Events Grants and the Waste Wise Events Grants was not only to streamline the process for applicants, but to achieve improved outcomes in relation to event waste management.

Economic

These activities play an important role in activating the low/ shoulder season periods on the tourism calendar by attracting people to the Bega Valley Shire, and support local businesses, employment and tourism more broadly.

Risk

Funding of festivals and events is a regular activity of Council and presents minimal risks.  The use of public land for festivals and events is assessed separately by Council and incorporates a specific risk management element.

Social / Cultural

Festivals and events support a celebration of life, diversity, culture, and environmental sustainability in the Bega Valley Shire.  They are valuable community building activities that provide an opportunity for the community to come together and celebrate life on the Sapphire Coast, spend time with friends and family, and to build social cohesion.

 

Attachments

1.          Festival and Events Review Committee Recommendations

2.          Festivals and Waste Wise Events Toolkit

 


Council

9 October 2019

Item 9.1 - Attachment 1

Festival and Events Review Committee Recommendations

 


Council

9 October 2019

Item 9.1 - Attachment 2

Festivals and Waste Wise Events Toolkit

 


 


 


 


 


 


 

 

 


Council

9 October 2019

 

 

Staff Reports – Infrastructure Waste And Water

 

9 October 2019

  

11.1            Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers  158

11.2            Community Hall Maintenance Funding 2019/20 and Community Hall Committee Nominations........................................................................................................................... 165

11.3            Disposal of Easement to Essential Energy at Pambula Beach.......................... 168

11.4            Road closure - section of Council public road in Merimbula........................... 171

11.5            Bega Valley Local Traffic Committee............................................................... 199


Council 9 October 2019

Item 11.1

 

11.1. Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers     

 

A resolution of Council is required to give notice to the Minister for Lands and Forestry of the name and contact details of Council’s designated Native Title Managers.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council nominate the following Council officers as its Native Title Managers:

·    Mrs Rickee Marshall

·    Mr Rob Quick, and

·    Mr Matthew Collins.

3.    That Council give notice to the Minister for Lands and Forestry of the name and contact        details of Council staff with a designation of  Native Title Managers, as required, under               Section 8.8 of the Crown Land Management Act 2016 (NSW).

 

Executive Summary

Council is required to give notice to the Minister for Lands and Forestry of the name and contact details of Council’s nominated Native Title Managers by 31 October each year.

Section 377(1)(s) of the Local Government Act 1993 (NSW) (LG Act) states that the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required for such purposes.

Background

The practice of managing Crown Land in the Shire has changed significantly as a result of the Crown Land Management Act 2016 (NSW) (CLM Act) which came into force on 1 July 2018.  To comply with the requirements of the CLM Act, Council is required to engage or employ at least one qualified Native Title Manager.  Pursuant to Section 8.7 of the CLM Act written advice from a Native Title Manager must be obtained for any dealing by Council on Crown Land to ensure those dealings can be validated under Native Title legislation.

A Native Title Manager is a person who has undertaken the approved training facilitated jointly by the Crown Solicitors Office and the Department of Industry – Lands and Water and holds the necessary qualification issued by Department of Industry – Lands and Water.  Council officers Rickee Marshall and Rob Quick attended this training on 17 November 2017 and Matthew Collins attended the training on 31 May 2018.  These staff have therefore attained the Native Title Manager qualification for the purposes of the CLM Act.

Financial and resource considerations

No financial implications relating to this responsibility have been identified at this stage. It should be noted that all three staff currently have full time roles within Council and the designation of Native Title Manager is a role in addition to their current work. The impacts of work required under the CLM Act will continue to be monitored as roll out of the implementation of the Act continues.Legal /Policy

Council must employ or engage at least one Native Title Manager to ensure dealings with land comply with any applicable provisions of the Native Title legislation.  Section 8.8 of the CLM Act requires each Council to give notice to the Minister for Lands and Forestry of the name and contact details of any person the Council has engaged or employed as a Native Title Manager.  The notice must be given by 31 October of each year.

Section 377(1) of the LG Act states that the giving of a notice to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Council will not be complying with the provisions of the CLM Act if it does not formally nominate its appointed Native Title Managers to the Minister for Lands and Forestry prior to 31 October each year.

 

Attachments

1.          Native Title Manager FAQ

2.          Native Title Manager Qualification - Rickee Marshall

3.          Native Title Manager Qualification - Rob Quick

4.          Native Title Manager Qualification - Matthew Collins

 


Council

9 October 2019

Item 11.1 - Attachment 1

Native Title Manager FAQ

 


 


Council

9 October 2019

Item 11.1 - Attachment 2

Native Title Manager Qualification - Rickee Marshall

 


Council

9 October 2019

Item 11.1 - Attachment 3

Native Title Manager Qualification - Rob Quick

 


Council

9 October 2019

Item 11.1 - Attachment 4

Native Title Manager Qualification - Matthew Collins

 


Council 9 October 2019

Item 11.2

 

11.2. Community Hall Maintenance Funding 2019/20 and Community Hall Committee Nominations     

 

This report presents the recommendations from the Section 355 General Community Halls Committee for the allocation of the halls maintenance budget in 2019/20 and eight volunteer nominations to formally join the Community Hall Committees.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.      That Council endorse expenditure from the 2019/20 halls maintenance budget as outlined in this report.

2.      That Council appoint the following nominees to Council’s Community Hall Committees:

Volunteer Community Hall Committee

Nominees

Quaama

Suzanne Dickson

Heimo Heino

Eleanor Newton

Andrew Newton

Murrah

Gary Richardson

Wolumla

Belinda Highmore

Candelo

Raechelle Kennedy

Chantal Core

 

Executive Summary

There are 19 community halls across the Shire, 17 of which are managed by Community Committees and volunteers with the assistance of Council officers. Council provides an annual budget allocation for maintenance projects at these Halls. These funds supplement the ongoing operations and regular maintenance that is funded through fees and charges.

In 2019/20 the adopted budget for the maintenance/renewal of community halls is $70,000. Potential maintenance projects have been proposed by individual Hall Committees after consultation with Council officers and agreed by resolution at the S355 General Community Hall Committee meeting held 27 August 2019.

The participation of volunteers in the care and management of Council’s community halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

Eight new volunteer nominations for positions on the Community Hall Committees have been received and are outlined in the above table for the consideration of Councillors.

Background

In 2018/19 six priority projects were identified for funding. These included:

·    Installation of an accessible ramp at Murrah Hall;

·    Carpentry works at Quaama Hall and Rocky Hall;

·    Ceiling repairs and lighting upgrade in the kitchen area at Wolumla Hall;

·    External repairs and painting at Tarraganda Hall; and

·    Installation of reverse cycle air conditioning at Tanja Hall.

The recommendations of the General Community Halls Committee (GCHC), for the allocation of the maintenance funding in 2019/20 are as follows:

Hall

Project

Amount

Bemboka

Reimbursement for kitchen improvement to servery bench

$894

Brogo

Rebuild two external landings and stairs

$13,700

Eden Log Cabin

Floor sanding Cyprus pine floor boards and re application of floor finish

$2,845

Murrah

Various external building repairs and painting

$9,955

Nethercote

Window replacement and gas heater relocation

$3,000

Quaama

Repairs to gutters and downpipes at entrance and external concrete footpaths to improve access

$3,075

Towamba

Replace termite damaged floor boards

$1,000

Wandella

External painting of hall, outdoor bench, table and toilet door

$14,410

Wolumla

Replace rear exit door and wooden sash window to aluminium in the Green room

$5,500

Wyndham

Repair damaged roof sheets and battens on North West side of building and repair damaged tank stand base at rear of hall

$3,733

 

Responsive Maintenance

$11,888

 

TOTAL

$70,000.00

Candelo

Drainage issues carried over from 2017/18

$10,000

In preparing these project proposals Council officers met with each Community Hall Committee to review the building condition assessment report, to consider the Facility Management Plan (FMP),  and to discuss the Committee’s observations. Potential projects were identified through this process and quotes on works from accredited contractors were sought.

Further project proposals have been received. These will be considered towards the end of the financial year to ensure that all nominated projects have been completed on budget, and that no major unforeseen projects arise.

Committee Nomination

Community Hall Committees and volunteers play a central role in the sustainability of community halls across the Shire. Council welcomes the participation of the community in the care, maintenance and management of community halls as members of hall committees and/or by active involvement as volunteers. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver a range and quality of facilities that are enjoyed by the broader community. The engagement of local people in community halls also enable Council to better understand and respond to local needs and aspirations.

Financial and resource considerations

Funding source

 

Amount

Halls Maintenance & Renewals

$

70,000.00

Legal /Policy

The GCHC is appointed under section 355 of the Local Government Act 1993 (NSW) (LG Act). Section 355(b) and Section 377(1) of the LG Act enables Council to exercise its functions by a Committee of Council and to do so conditionally. 

The delegated functions of the Hall Committees are set out in the Community Hall Committee Guidelines. These prescribe the manner the Committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all Community Halls.

Risk

The recommended maintenance projects have been assessed in terms of priority, affordability and achievability, and whether works would avoid ongoing asset deterioration or mitigate Workplace Health and Safety risks.

Social / Cultural

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.

 

Attachments

Nil

 


Council 9 October 2019

Item 11.3

 

11.3. Disposal of Easement to Essential Energy at Pambula Beach     

 

Council officers have identified a need to grant a formal easement for an underground electrical service to Essential Energy over Council owned operational land at Coraki Drive, Pambula Beach.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.    That Council grant a formal Easement for an underground electrical service over Council       owned operational land, being part Lot 1 DP 628548 at Coraki Drive, Pambula Beach to the              benefit of Essential Energy.

2.    That the Transfer Granting Easement note the requirement for Essential Energy to                 maintain and repair, in perpetuity, the underground electrical service.

3.    That all costs associated with creation and grant of the easement including Council’s legal     costs, survey work, plan preparation and registration fees be borne by Council.

4.    That the General Manager and/or Mayor be authorised to execute the necessary   documentation to effect creation of the easement.

 

Executive Summary

Council officers have identified operational efficiencies and work health and safety issues at sewer pump station 6 at Coraki Drive, Pambula Beach which have triggered the need for Lot 1 DP 628548 to be burdened by an Easement for an underground electrical service in favour of Essential Energy.

Background

Council are planning to deliver a program of renewal works for various sewer pump stations within the Bega Valley Shire.  The scope of the project includes assessment of operational efficiencies and work health and safety issues at each site.

Sewer pump station 6 at Coraki Drive, Pambula Beach is energised by an overhead distribution powerline, which runs directly over the pump station.  This has been identified as a potential hazard.  To eliminate the risk to operations personnel, Council plan to re-route the low voltage overhead line to an underground service.

Upon investigation, by Council officers, it appears there are currently no dealings registered over Lot 1 DP 628548 for the existing overhead power lines.  In accordance with section 377 of the Local Government Act 1993 (NSW) (LG Act) the burdening of Council land is a non-delegable function and must be reported to Council.  In addition Essential Energy requires electricity easements so they can more easily maintain and safely operate their infrastructure.

Options

The options available to Council are to:

1.    Grant a formal Easement for an underground electricity service to Essential Energy over Lot 1 DP 628548 at Coraki Drive, Pambula Beach to improve the efficiency and safety of the site; OR

2.    Advise Essential Energy that Council does not agree to grant an Easement for an underground electricity service over Lot 1 DP 628548 at Coraki Drive, Pambula Beach and maintain the status quo.

Community Engagement

Consultation undertaken

Council officers have been consulting with the Essential Energy Conveyancing Team in relation to the proposed Easement for an underground electrical service and have, through a formal procurement process, engaged the services of Core Electrical and Communications Pty Ltd to complete the upgrade works.  Veris have also been engaged to prepare the attached consolidated plan of proposed easement for electricity.

Financial and resource considerations

All costs associated with creation of the easement will be funded from the southern sewer pump station renewals fund.  Council officers will be involved in finalising the relevant easement documentation as will external legal providers and there will be legal fees payable to Council to arrange registration of plan and transfer granting easement documents at Land Registry Services. 

Legal /Policy

Council’s Lot 1 DP 628548 is classified as ‘operational’ land under section 31 of the LG Act, therefore the registration of easements is permissible.  Essential Energy has advised easements are required over land owned by any local council which is classified as “operational land”.

The Transfer Granting Easement document will be prepared by external legal providers in accordance with the Registrar General’s Guidelines.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

The underground powerline will eliminate risk to personnel from the potential hazard of the existing overhead line. 

 

Attachments

1.          Plan of Proposed Easement for an underground electricity service at Cokaki Drive Pambula Beach

 


Council

9 October 2019

Item 11.3 - Attachment 1

Plan of Proposed Easement for an underground electricity service at Cokaki Drive Pambula Beach

 


Council 9 October 2019

Item 11.4

 

11.4. Road closure - section of Council public road in Merimbula     

 

Council has been requested to recommence the road closure application process for a section of surplus road reserve in Ocean View Avenue, Merimbula which was the subject of a prior Resolution of Council.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.    That Council approve, in principle, the proposal received from the applicants for the               closure of Lot 11 DP 1246373 being surplus Council public road reserve which adjoins their     landholding, being Lot 2 DP 208862, at Ocean View Avenue, Merimbula.

2.    That Council officers commence assessment of the road closure application, under Division                 3 of the Roads Act 1993 (NSW), and that the proposal be publicly advertised for a period of       28 days.

3.    That if any objections are received, a further report be prepared for Council’s            consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette,                formally close the subject, surplus public road reserve.

5.    That the General Manager and Mayor be authorised to execute the necessary          documentation to affect the road closure, creation of easement for overhead powerlines                and subsequent sale of land to the applicant for $16,875 as determined by an independent           valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

 

Executive Summary

A further Resolution of Council is being sought to enable Council officers to recommence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) (Roads Act) as outlined in this report.

Background

This matter was reported to Council’s Ordinary Meeting of 16 August 2017 where Council resolved as follows:

1.    That Council approve in principle the proposal received from the applicants for the closure of a section of Ocean View Avenue in Merimbula which adjoins their landholding and that Council's Property officers be advised to commence assessment of the road closure

2.    That if no objections are received, the road closure application be lodged with Crown Lands for formal approval and the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure and subsequent transfer of land to the applicant for the agreed compensation and that all costs associated with the road closure process be borne by the applicant.

Following the Resolution of Council, officers progressed assessment of the proposed road closure and an application was submitted to the NSW Department of Industry – Lands and Water (the Department) on 8 November 2017 following the statutory advertising period. 

Unfortunately, when the Crown Land Management Act 2016 (NSW) (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act were amended.  Significantly, Council’s may now close Council public roads in certain circumstances.  Previously public roads could only be closed by the Minister administering the Roads Act.  In this case the process had commenced prior to the new legislation coming into force and under the transitional provisions of the Roads Act applications made before 1 July 2018 continued to apply:

·    for a period of 3 months (that is, until 30 September 2018) – in respect of a proposal by the Minister to close a public road, if the public notification that was required had already occurred and submission period had ended before 1 July 2018, and

·    for a period of 12 months (that is, until 30 June 2019) – in respect of Crown land forming part of a former public road that is sold, if the contract for the sale was entered into before 1 July 2018.

As the applicant was not able to have the attached plan of first title creation and road closing under the Roads Act registered prior to 30 September 2018 the road closure process needs to recommence.  The applicant has now formally requested Council to recommence the road closure application process under Part 4 Division 3 of the Roads Act and clause 83A(1) of the Roads Regulation 2008 (NSW) (Regulations) as the Department no longer has power to close Council public roads.

A plan of the section of road reserve which is the subject of the permanent road closure application appears below.

2305185

Options

The options available to Council are to:

1.    Approve the proposal received from the applicants for the closure of a section of surplus Council public road in Merimbula which adjoins their landholding; OR

2.    Advise the applicant that the proposed road closure is not supported by Council.

Community Engagement

Consultation undertaken

Council officers publicly advertised the proposal in the Bega District News, Merimbula News Weekly and Eden Magnet between 1 September 2017 and 13 October 2017 as well as sent formal notification letters to all notifiable authorities and adjoining landowners with no submissions being received during this period.

Consultation Planned

Under section 38B of the Roads Act notification of the proposal to close a Council public road must be published in a local newspaper and be given to all owners of land adjoining the road, and all notifiable authorities as prescribed by the Regulations.  The notice must identify the road that is proposed to be closed and must state that any person is entitled to make submissions to the Council with respect to the closing of the road and must indicate the manner in which and the period (being at least 28 days) within which, any such submission should be made.

Financial and resource considerations

The applicant has been required to pay Council’s road closure application fee to recommence the road closure process and is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $3,500) to finalise this matter. 

In addition to these costs, the applicant will pay Council the market value of the land as determined by an independent valuer.  A valuation was obtained from Opteon Property Group when this matter commenced in 2016 and is attached for the information of Councillors.  The valuation provides a market value of $15,000 for an approximate 120m2 portion of road reserve which is the subject of closure.  Since registration of the attached plan the correct area has been determined to be 135m2 therefore based on the rate per square metre the applicant will be required to pay Council $16,875 for the land.

Compensation received by Council from the closure of a constructed public road can only be used by the Council for acquiring land for the purpose of providing a public road or carrying out works on existing public roads.

Legal /Policy

If consent is granted to the proposed road closure, Council's Property officers will complete the road closure assessment process under Division 3 of the Roads Act and by notice published in the Government Gazette, formally closing the surplus public road reserve. 

As the plan of first title creation has already been registered at Land Registry Services, the title for Lot 11 DP1246373 will be transferred to the applicant upon payment of the agreed compensation.  

The applicant has executed a formal Deed of Agreement outlining all requirements which also provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

Part 4 Division 6 Section 43 of the Roads Act No 33 states the following:

43 Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Impacts on Strategic/Operational/Asset Management Plan/Risk

 

Attachments

1.          Council report dated 16 August 2017 section of Council public road in Merimbula

2.          Opteon Valuation Report for section of Oceanview Avenue Merimbula

3.          DP 1246373 Plan of First Title Creation and Road Closing at Ocean View Avenure Merimbula

 


Council

9 October 2019

Item 11.4 - Attachment 1

Council report dated 16 August 2017 section of Council public road in Merimbula

 


 


Council

9 October 2019

Item 11.4 - Attachment 2

Opteon Valuation Report for section of Oceanview Avenue Merimbula

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

9 October 2019

Item 11.4 - Attachment 3

DP 1246373 Plan of First Title Creation and Road Closing at Ocean View Avenure Merimbula

 


 


 


 


 


Council 9 October 2019

Item 11.5

 

11.5. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 4 September 2019.

 

Director Assets and Operations  

 

 

Officers Recommendation

That Council adopt the following recommendations of the Bega Valley Local Traffic Committee:

Cuttagee Bridge - Weight Restrictions

1.    Council approve the installation of a 22.5 tonne weight restriction on the Cuttagee Bridge until such time as bridge strengthening works are completed.

Christmas on Imlay Street December 2019

1.      That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.00 p.m. to 9.00 p.m. on Thursday 19 December 2019 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2.      That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 19 December 2019, 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 the event achieves all conditions of Council’s Use of Public Land approval.

New Years Eve Fireworks December 2019

1.      That the proposed event in Merimbula on 31 December 2019, 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.

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

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

4.      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.

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

6.      That the event achieves all conditions of Council’s Use of Public Land approval.

 

Changing of priority at Bellbird Court and Andrea Street intersection, Eden

1.    Council approve the change of priority at the intersection of Andrea Street and Bellbird Court, Eden by the installation of a Stop sign and lines on Bellbird Court along with centreline marking along Andrea Street.

 

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services (RMS) who are responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

The recommendations were supported unanimously by the Committee.

The recommendations in this report are a direct reflection of the recommendations from the Bega Valley Local Traffic Committee.

Consultation

In relation to consultation on load limits on Cuttagee Bridge, Council has informed Bega Cheese of the load limit. They have advised that their operations would be unaffected unless there is an incident that closed the Princes Highway. The National Heavy Vehicle Regulator and an RMS project team have also been advised.  

No adverse responses have been received to date, other than in relation to Council’s water carts which are unable to load fully when using the bridge as part of their haul routes for road maintenance works. 

Strengthening works have not been designed, but options are being investigated for strengthening and implementation as part of a strategy for renewal of the bridge. 

 

Attachments

1.          Cuttagee Bridge-Weight Restriction

2.          Christmas on Imlay Street December 2019

3.          New Years Eve Fireworks December 2019

4.          Changing of priority at Bellbird Court and Andrea Street intersection

 


Council

9 October 2019

Item 11.5 - Attachment 1

Cuttagee Bridge-Weight Restriction

 


Council

9 October 2019

Item 11.5 - Attachment 2

Christmas on Imlay Street December 2019

 


Council

9 October 2019

Item 11.5 - Attachment 3

New Years Eve Fireworks December 2019

 


Council

9 October 2019

Item 11.5 - Attachment 4

Changing of priority at Bellbird Court and Andrea Street intersection

 


 

 

 


Council

9 October 2019

 

Staff Reports –  Governance And Strategy

 

9 October 2019

  

12.1            Register of Delegations- Part 1......................................................................... 208

12.2            Additional Council Meeting Dates - 2019......................................................... 228


Council 9 October 2019

Item 12.1

 

12.1. Register of Delegations- Part 1     

 

Part 1 of Council’s Register of Delegations is required to be regularly reviewed.

 

General Manager  

 

 

Officers Recommendation

1.    That Council note and adopt the updated Register of Delegations Part 1.

2.    That the adopted Register of Delegations Part 1 be published on Council’s website.

 

Executive Summary

The review and maintenance of Council’s Part 1 and Part 2 Register of Delegations is a high priority for the Council and the process to do this has been incorporated into the Document Control Register. 

A system of review has been established to facilitate the review of Council’s Register of Delegations. Changes to Part 1 of the document are required since it was last adopted by Council in October 2016.

The updated Part 1 Register of Delegations document is presented at this meeting for adoption by Council.

Background

As part of its requirement under the Section 377 of the Local Government Act (1993) (the Act), Part 1 of Council’s Register of Delegations was last reviewed and updated to incorporate several required changes on 28 September 2016, following the Council elections. Part 1 of the Register includes delegations to the following individuals/parties:

i.    Councillors

ii.   The Mayor

iii.  Standing Committees

iv.  Section 355 Committees

v.   Council Community Committees

vi.  The General Manager

Part 1 sets out the general powers of the Council to delegate in accordance the Act.  A copy of amended Register of Delegations Part 1 is attached to this report.  Once considered and adopted by Council, a copy of the Part 1 Register of Delegations will be made available to all stakeholders by way of uploading on Council’s website.

Part 2 of the Register of Delegations, which sets out the delegations of staff was reviewed in October 2018 to reflect changes to the organisational structure adopted by Council. The Part 1 Register aligns with Part 2 as well as any relevant legislative requirements and Council Policy.

Legal /Policy

The Part 1 Register of Delegations document, attached, has been reviewed by Senior Staff in line with current legislation. 

The Executive Manager, People and Governance is responsible for instigating an internal review of the Register of Delegations and updating any necessary changes (relating to staff positional changes, legislative or other types of changes).  The review is coordinated in consultation with the Governance Coordinator, who oversees the review of all corporate documents, including the Register of Delegations.

To facilitate the maintenance and review of the Register of Delegations, the document is included in Council’s Document Control Register, which records pertinent details of corporate documents such as creation date, version number, review date and responsible personnel. 

 

Attachments

1.          Draft Register of Delegations Part 1  

 


Council

9 October 2019

Item 12.1 - Attachment 1

Draft Register of Delegations Part 1

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 9 October 2019

Item 12.2

 

12.2. Additional Council Meeting Dates - 2019     

 

Additional Council Meeting dates are necessary to exercise due diligence on various overlapping / priority matters that will be put before Council for consideration, between October 2019 and December 2019.

 

General Manager  

 

 

Officer’s Recommendation

1.    That Council hold two additional ordinary Council meetings on Wednesday 6  and Wednesday 27 November, 2019.

2.    That if Council resolve, on 20 November 2019,  to progress to lodge a special variation application for the 2020-21 year then a resolution be made at that meeting in relation to holding an additional meeting on 4 December 2019.

 

Executive Summary

In November 2019 Council will consider a number of significant matters and it is considered appropriate that additional Council meeting dates be included in the current adopted calendar. This will allow due consideration of these important matters by both the community and Councillors.

Background

The current, scheduled Council meeting dates between October 2019 and Christmas 2019 are:

Meeting Date 2019

Wednesday, 9 October 2019

Wednesday, 30 October 2019

Wednesday, 20 November 2019

Wednesday, 11 December 2019

Over the period to Christmas Council will consider a number of significant, strategic land use planning reports as well as its’ annual report and end of year financials, the feedback from community input into the six pool objective, and community appetite for Council to progress consideration of lodging a special rate variation (SRV) application for the 2020/21 year. Two additional meetings are proposed, for November, to consider these items in less crowded agendas.

If Council resolve on 20 November 2019, to progress with an SRV application, for the 2020-21 year, then the draft operational plan, budget for 2020-21 and the updated  long term financial plan will need to be considered, by Council, and placed on public exhibition prior to Christmas.

In order to do this and allow as much time for the community to review the plans and documents, a meeting date in early December is indicated. A final position on this additional meeting would be resolved by Council at the meeting on 20 November 2019. It is also likely an additional meeting in February 2020 may also be required due to IPART timelines which are not as yet released.

It is important to allow the community and Councillors time to consider these matters and additional meetings will allow for this to occur in a less “crowded” agenda.

Options

The proposed Council meeting dates between October 2019 and Christmas are:

Meeting Date 2019

Status

Wednesday, 9 October 2019

Scheduled

Wednesday, 30 October 2019

Scheduled

Wednesday, 6 November 2019

Additional

Wednesday, 20 November 2019

Scheduled

Wednesday, 27 November 2019

Additional

Wednesday, 4 December 2019

Pending decision of 20 November

Wednesday, 11 December 2019

Scheduled

Financial and resource considerations

Council staff will be preparing the reports for the meetings and no additional resources are expected. There will be minor advertising costs for the additional meetings if Council resolve to accept the recommendation.

Legal /Policy

Council is required to hold at least ten meetings per year under the Local Government Act 1993. Additional meetings may be held, as resolved by Council, in line with the Code of Meeting Practice.

 

Attachments

Nil

   

 


Council

9 October 2019

 

 

Rescission/alteration Motions

 

09 October 2019

 

15.1            Rescind Motion No 102/19 Climate Change Strategy...................................... 231


Council 9 October 2019

Item 15.1

 

15.1. Cr Robyn Bain - Rescind Motion No 102/19 Climate Change Strategy        

 

 

Rescission  Motion

That Council rescind Motion no 102/19 as resolved on 28 August 2019:

1.    That Council’s Climate Resilience Strategy recognise the climate emergency, through the strength, scope and immediacy of initiatives for Council and the community to combat climate change ensuring the continued economic and social viability of agricultural and transport sectors in the Bega Valley

2.    That Council requires reports on relevant strategies, plans or initiatives to include assessment of potential climate change impacts.

 

Alternate Motion

And that the following motion be moved Cr Bain

1.      That Council’s Climate Resilience Strategy recognise the variable and changing climate patterns.

2.      That Council continue to implement energy saving measures across the business, such as street lighting, sewer/water pumps, solar energy etc where financially able to do so.

3.      That the actions in the Climate Resilience Strategy ensure the continued economic and social viability of agricultural and transport sectors in the Bega Valley

4.      That through the Climate Resilience Strategy Bega Valley Shire look for economic development opportunities through new and emerging technologies

5.      Bega Valley Shire write to the Hon. Scott Morrison, Prime Minister, the encourage the Federal Government to meet Australia’s Paris Agreement targets.

 

 

Background

BACKGROUND

Council considered the above motion at a meeting where all Councillors were not present. The motion requires greater clarity to guide the draft strategy. I would propose an alternate motion which was foreshadowed at the meeting on 28 August 2019,  and not considered.

A signed rescission motion was provided to the General Manager signed by Crs Bain, Nadin and Fitzpatrick.

 

Cr Robyn Bain

 

Attachments

Nil

    


Council

9 October 2019

 

 

Questions with Notice

 

09 October 2019

 

17.1            Non-residential sewer discharge factors.......................................................... 233


Council 9 October 2019

Item 17.1

 

17.1. Non-residential sewer discharge factors     

 

Sewer charges for non-residential properties are calculated using the NSW Department of Water, Best Practice Management Guidelines.

 

Cr Fitzpatrick  

 

Background

Council calculates non-residential sewer charges using the methodology prescribed by the NSW Department of Water, Best Practice Guidelines. The methodology and the non-residential sewer discharge factor (SDF) as calculated for 59 categories of non-residential properties is published annually as part of Council’s revenue policy.  In 2011/12 the sewer usage tariff was reduced at the same time the discharge factors increased and the non-residential sewer discharge factor (SDF) methodology was introduced for the 2012-13 year.

Any requests for changes in SDF require an assessment of metered water usage and sewer discharge.

Question

Could Council be provided with a report in relation to the history of the introduction of the Best Practice Management Guidelines and would staff  include in the report the change in the charges for non-residential properties at the time of introduction?

 

Attachments

Nil

       


Council

9 October 2019

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: