Agenda of Council - 29 April 2020

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

29 April 2020

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 8 April 2020 as circulated, be taken as read and confirmed, with the following amendments as shown in red or strikethrough text:

11.2	Termination of lease - Tathra Beach Kiosk
	A motion was moved by Crs Fitzpatrick and Allen 1. That Council receive and note the report. 2. That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution. 3. That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works. The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
NOTE Resolution 59/20 in Original Minutes Published on 10/4/20 was incorrect Corrections are indicated in Red	RESOLVED on the motion of Crs Fitzpatrick and ~~Nadin~~ Allen 1. That Council receive and note the report. 2. That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution. ~~3. That Council note a further public Expression of Interest process will be conducted by Council officers and the results will be presented back to Council for consideration.~~ 4. That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works. ~~5. That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action~~. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
59/20	RESOLVED on the motion of Crs Fitzpatrick and Allen 1. That Council receive and note the report. 2. That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution. 3. That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil

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 Amendment to Development Control Plan 2013 - Aboriginal Heritage................................. 9

8.2 Outcome of the exhibition of draft Commercial Land Strategy............................................ 18

8.3 Public Exhibition of Burning Off in Open Areas Policy.......................................................... 167

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

10.1 Eden Tourism financial assistance request for relocation of Eden Visitor Information Centre 184

10.2 VIC licence agreement renewals............................................................................................... 190

11 Staff Reports – Infrastructure Waste and Water

11.1 Bega Saleyards land options...................................................................................................... 208

11.2 Classification of land acquired by Council............................................................................... 214

11.3 Proposal from Pambula Merimbula Golf Club Limited......................................................... 216

11.4 Staff accommodation in Bega.................................................................................................... 223

11.5 Proposed divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui........... 251

11.6 Eden, Twofold Bay and Towamba River Flood Study Final Findings.................................. 259

11.7 Bega Valley Local Traffic Committee........................................................................................ 268

12 Staff Reports – Governance and Strategy

12.1 Classification of land at Bega..................................................................................................... 402

12.2 Council Meeting Dates 2020 - 2021.......................................................................................... 405

13 Staff Reports – Finance

13.1 COVID-19 Pandemic Economic Impact - Financial Assistance Considerations................. 409

13.2 Certificate of Investment - January.......................................................................................... 432

13.3 Certificate of Investment - February........................................................................................ 436

13.4 Certificate of Investment - March............................................................................................. 440

13.5 Certificates of Investment - October to December 2019..................................................... 445

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

17.1 Food Premises Annual Fee......................................................................................................... 455

17.2 Update on Progress of Bunnings DA........................................................................................ 456

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........................... 456

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 29 April 2020

Item 8.1

8.1. Amendment to Development Control Plan 2013 - Aboriginal Heritage

This report recommends that the outcomes of the Aboriginal Cultural Heritage Landscape Map project are integrated into Bega Valley Development Control Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council publicly exhibit an amendment to Chapter 5.1 ‘Aboriginal Heritage’ of Bega Valley Development Control Plan 2013 for not less than 28 days.

2. That a further report be provided to Council after the close of the public exhibition period.

Executive Summary

Council, in collaboration with the Bega, Eden and Merrimans Local Aboriginal Land Councils and representatives of the local Aboriginal community, have produced a map of the Bega Valley Shire that identifies parts of the landscape that have a high probability of Aboriginal cultural heritage values.

The purpose of the map is to inform due diligence assessment by private landowners, Council operations teams and contractors, as well as to inform Council’s works planning, land use planning and development assessment. Use of the map will help to reduce risk for landowners who are exposed to potential liability if an Aboriginal object is harmed.

Integrating the map into the Bega Valley Shire Development Control Plan 2013 (DCP 2013) will ensure the information is as widely available as possible and linked to the assessment or approval process for activities that may impact on Aboriginal cultural heritage.

Background

Protection of Aboriginal cultural heritage

Aboriginal cultural heritage consists of places, traditions, beliefs, customs, values and objects that represent the living history of past Aboriginal generations and are of important cultural and heritage significance to Aboriginal people. Any activity that impacts on the landscape may impact on Aboriginal cultural heritage.

In NSW, protection of Aboriginal cultural heritage is provided by the Environmental Planning and Assessment Act 1979, National Parks and Wildlife Act 1974 and Heritage Act 1977. Landowners have obligations regarding Aboriginal cultural heritage under these Acts.

Council also has obligations under its Memorandum of Understanding with the Local Aboriginal Land Councils to:

· provide ongoing support in identifying areas of land which are of cultural significance to Aboriginal people; and

· review and maintain mechanisms and processes which guarantee that appropriate consultation takes place in relation to development applications and Council’s civil works to ensure that Aboriginal culture and heritage are considered as part of the assessment and planning phases.

Anyone proposing ground disturbance as part of a development is liable under the National Parks and Wildlife Act 1974 if they unknowingly harm an object without consent, without undertaking a due diligence assessment. The Due Diligence Code of Practice has been devised to assist individuals to exercise due diligence in relation to activities that may harm Aboriginal objects. A due diligence assessment provides a person who determines that their actions will not harm Aboriginal objects with a defence against prosecution if they unknowingly harm an object without consent.

Council actions to improve protection of Aboriginal cultural heritage

Council, in collaboration with representatives of the local Aboriginal community and Local Aboriginal Land Councils, has sought to improve the information available to help landowners and Council staff meet legislative requirements regarding Aboriginal cultural heritage, increase awareness of Aboriginal cultural heritage values and improve the protection of land with cultural significance to local Aboriginal people.

Four of the ways that Council will help to achieve this are:

· delivering cultural heritage training to staff (including assessment, construction and works staff) and local development professionals;

· disseminating information to the public about legislative requirements relating to Aboriginal cultural heritage and how to comply with them;

· providing appropriate archaeological studies, due diligence surveys and relevant reports to the Heritage NSW Aboriginal Sites Decision Support Tool to assist landowners find information that may be relevant to their property; and

· developing and publishing a map of land that has a high probability of Aboriginal cultural heritage values to help identify areas that are likely to be of significance to Aboriginal people.

Aboriginal Cultural Heritage Landscape Map

To meet their obligations to protect Aboriginal cultural heritage, Council and landowners need information about where Aboriginal cultural heritage values may exist. Publicly available sources of information about Aboriginal cultural heritage in the Bega Valley Shire are currently limited to the Aboriginal Heritage Information Management System (AHIMS), a database which records information about Aboriginal places and objects; declared Aboriginal places listed in the Bega Valley Shire Local Environmental Plan 2013 (LEP 2013); and other information scattered throughout various publications including the Bega Valley Shire Aboriginal Cultural Heritage Study 2010.

Although Aboriginal cultural heritage may exist anywhere in the Shire, to improve the information available, Council facilitated a project, in consultation with the three Local Aboriginal Land Councils and representatives of the local Aboriginal community, to develop a map that identifies land with a high probability of Aboriginal cultural values.

The Aboriginal cultural heritage map covers many of the landscape features included in the Due Diligence Code of Practice and includes clusters of recorded Aboriginal archaeological sites, travel routes and areas used for work, teaching, camping, resource collection and ceremony. Information was also sourced from the Bega Valley Shire Aboriginal Cultural Heritage Study 2010 that was developed with Local Aboriginal Land Councils, Elders and Aboriginal community members.

In addition to confirming whether there is any information on AHIMS, the due diligence assessment process involves identifying if there are any other sources of information of which a person is already aware and/or landscape features that are likely to indicate presence of Aboriginal objects. The Aboriginal Cultural Heritage Landscape Map will help with these aspects of the due diligence assessment process.

Section 5.1 of Bega Valley Development Control Plan 2013

DCP 2013 currently identifies a place-holder for Aboriginal Heritage in Section 5.1, but content was deferred pending further analysis. Council officers have now developed a draft chapter 5.1 for inclusion in DCP 2013, which aims to protect and conserve Aboriginal cultural and spiritual sites within the Shire and ensure the impact of proposed development on the heritage significance of an Aboriginal place, cultural value, landscape value or object is considered by adequate investigation and assessment processes.

The draft chapter contains detailed guidance on considerations for and levels of assessment of Aboriginal cultural heritage for development applications, including how the Aboriginal Cultural Heritage Landscape Map is to be used in the due diligence assessment.

The draft chapter will apply to all development in the Bega Valley Shire that will disturb the natural ground surface except where:

· 75% of the combined/total site area is already disturbed, or

· works do not exceed existing disturbed footprint, or

· the site has previously been assessed for Aboriginal heritage (such as subdivision applications post 1997 development consent) unless the land is within 200m of an AHIMS site or 50m of mean high-water.

Options

Council has three options to support the use of the Aboriginal Cultural Heritage Landscape Map:

1: Introduce the Aboriginal Cultural Heritage Landscape Map into DCP 2013 and provide guidance for its use in Section 5.1. This option is recommended by Heritage NSW because there is more flexibility for Council to amend the map as more information becomes available compared with amending a LEP map. This option retains complying development provisions and will enable to map to assist with clarification of requirements for the assessment of Aboriginal cultural heritage in the development assessment process. This option will also enable the map to become available for Council staff and private landowners to use in their due diligence assessments.

2: Introduce the Aboriginal Cultural Heritage Landscape Map into LEP 2013 through a new local clause with associated overlay map or a Heritage Conservation Area. This option would enable a high level of consideration of potential impacts on Aboriginal cultural heritage, however it may switch of the ability of property owners to have development approved as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Due to the large number of affected properties this option is not recommended.

3: Publish the Aboriginal Cultural Heritage Landscape Map and development assessment guidance as a policy or information document. While this option will enable the map to become available for Council staff and private landowners to use in their due diligence assessments, is not desirable as it does not integrate the map and guidance on how to apply it into the development assessment process.

Council may also resolve not to utilise the Aboriginal Cultural Heritage Landscape Map nor to include guidance in the DCP about how to consider Aboriginal cultural heritage in the development assessment process.

Community Engagement

Consultation undertaken

The Aboriginal Cultural Heritage Landscape Map has been developed in consultation with Local Aboriginal Land Councils. Consultation undertaken to date includes:

· Consultation throughout the development of the Bega Valley Cultural Heritage Study 2010 with Traditional Owners and Aboriginal elders;

· Meetings with the three Local Aboriginal Land Councils in the development of the map and progress throughout the project;

· Consultation with Heritage NSW; and

· Discussion with Council’s Bega, Eden, Merrimans Committee Aboriginal Liaison Committee on 18 November 2019.

Consultation Planned

The proposed amendment to DCP 2013 will be placed on exhibition for a period of not less than 28 days in accordance with public exhibition requirements under the Environmental Planning and Assessment Regulation 2000. The Bega Valley community will have the opportunity to comment on the proposal during that period.

Notification of the exhibition will be placed in local newspapers, Council News and on Council’s website. Local Aboriginal Land Councils will be contacted individually, and local development professionals will be notified by email. Additional feedback will also be sought from Heritage NSW.

Council consideration of input

Following the exhibition period for the amendment to DCP 2013 a further report will be submitted to Council for consideration of any submissions received.

Financial and resource considerations

Funding source		Amount
General Fund 2018 - 2019	$	5,000
General Fund 2019 - 2020	$	1,000

Legal /Policy

In NSW landowners have obligations regarding protection of Aboriginal cultural heritage under the Environmental Planning and Assessment Act 1979, National Parks and Wildlife Act 1974 and Heritage Act 1977. Publication of the Aboriginal Cultural Heritage Landscape Map and integration into DCP 2013 will assist landowners meet those obligations as well as fulfil Council obligations under the Memorandum of Understanding with the Local Aboriginal Land Councils.

Exhibition of the draft amendment to the DCP is consistent with Council’s obligations under the Environmental Planning and Assessment Regulation 2000.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft DCP Section 5.1 addresses the following goal and strategy of the Bega Valley Community Strategic Plan 2040:

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

· Strategy 2: Respect and promote our cultural heritage and support cultural diversity.

The draft Section 5.1 also addresses Goal 3 of the South East and Tablelands Regional Plan 2036: healthy and connected communities, and Direction 23: Protect the region’s heritage. It aims to achieve the following actions from the plan:

· Action 23.1 undertake and implement heritage studies, including regional Aboriginal cultural heritage studies, to inform local strategies.

· Action 23.4 provide resources for heritage advice to inform planning processes.

· Action 23.5 acknowledge cultural heritage assets where appropriate and consider how these assets can add value to a development.

Environmental / Sustainability

Application of the draft Section 5.1 provisions or Aboriginal Cultural Heritage Landscape Map will not increase risk to ecology or biodiversity.

Economic

Publication of the Aboriginal Cultural Heritage Landscape Map and development of provisions about Aboriginal heritage in DCP 2013 will have a positive economic impact by reducing the risk of project assessment and delivery being delayed through inadequate consideration of Aboriginal cultural heritage values or inadvertent harm to Aboriginal objects.

Risk

The risks for anyone undertaking site disturbance works of not undertaking adequate Due Diligence assessment include:

· damage to Aboriginal cultural heritage values;

· prosecution if Aboriginal objects are harmed (even unintentionally); and

· project interruption (time, cost).

Implementation of the Aboriginal Cultural Heritage Landscape Map aims to minimise risk to Aboriginal cultural heritage values, individuals and Council by providing:

· a publicly available source of information so Due Diligence assessment can be undertaken effectively when planning or undertaking works;

· clarity around levels of heritage assessment required for prospective developers; and

· a source of information to increase public awareness of cultural heritage issues to aid in the protection of Aboriginal cultural heritage objects and places of significance.

Social / Cultural

Increasing awareness of Aboriginal cultural heritage values will have positive social and cultural impact by improving the protection of land with cultural significance to local Aboriginal people, encouraging consultation with the Aboriginal community about proposed development and enhancing respect for cultural values among the general community.

Attachments

1 ⇩. Draft DCP Section 5.1 Aboriginal Heritage

Council 29 April 2020

Item 8.2

8.2. Outcome of the exhibition of draft Commercial Land Strategy

This report seeks a resolution of Council to adopt a Commercial Land Strategy, subject to changes arising through the public exhibition process.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment 1).

2. That Council Officers advise the stakeholders involved in the development of the Strategy and those that made submissions to the exhibited draft Strategy of Council’s decision.

Executive Summary

Bega Valley Shire Council publicly exhibited the draft Commercial Land Strategy (Attachment 2) for 13 weeks from 16 December 2019 to 15 March 2020, with 18 submissions received. After a review of the submissions, several changes to the exhibited draft Strategy are recommended. As none of the proposed changes substantially change the directions outlined in the exhibited draft Strategy, it is recommended that Council resolve to adopt the Strategy (Attachment 1), which includes amendments to the exhibited draft outlined in this report.

Staff consider that the proposed amendments do not substantially change the directions outlined in the exhibited draft Strategy, however, several of the recommendations involve amendments to planning instruments and Council planning policy that will provide opportunities for further consultation with the community as they progress.

The recommended changes to the exhibited draft Strategy detailed in this report involve:

· Support for shop top housing

· Clarification of changes to car parking requirements

· Altering zones at Snug Cove

· Applying commercial and residential zones to Cobargo, Kalaru and Wolumla villages

· Expansion of business zones in Bermagui and Tathra

· Clarification of the direction for rezoning B4 Mixed Use land in Merimbula

· Increase to maximum height limits on certain sites in Merimbula

A summary of the issues raised in submissions are included in Attachment 3 to this report.

Once adopted, this Strategy will replace the Bega Valley Shire Commercial Centres Strategy 2006 and Commercial Centres Strategy - Review of Merimbula, Pambula, Tura Beach Catchment 2018.

Background

In August 2019 Council initiated a review of its commercial areas to address the future need for commercial land in Bega Valley Shire and provide a vision and framework for the development of the Shire’s commercial centres over the next 20 years. Zenith Town Planning was engaged to prepare a draft Commercial Land Strategy on behalf of Council.

Once adopted, the Strategy aims to contribute to achieving the community’s vision outlined in the Bega Valley Shire Community Strategic Plan 2040 and the South East and Tablelands Regional Plan 2036.

The Strategy establishes a commercial centres hierarchy for Bega Valley Shire to differentiate the role of each centre. It sets the direction for future development within these commercial centres based on their existing natural advantages, and includes recommendations for changes to land use zones, building heights, land use tables, and other planning controls to help support the viability of commercial space and promote economic development opportunities.

Options

During the stakeholder engagement that informed the development of the Strategy, as well as the public exhibition of the draft Strategy, a range of ideas, views, visions, key concerns, and possible solutions were put forward by participants and respondents. Council has several options to progress the Strategy:

1. Adopt the Strategy (Attachment 1), as amended following public exhibition. This is the recommended option. The recommended amendments would enable several improvements to the draft Strategy. Changes to height controls and zonings would require separate Planning Proposals that would be subject to public consultation and final determination by Council.

2. Adopt the Strategy as exhibited (Attachment2).

3. Make further changes to either the Strategy (Attachment 1) or draft Strategy (Attachment 2), as identified by Council after consideration of this report and the submissions provided in Attachment 3. However, the submissions regarding increasing the maximum height of buildings in Merimbula represent a significant departure from the exhibited draft Strategy and are not reflected in the draft Local Strategic Planning Statement, which is currently on exhibition.

Community Engagement

Consultation undertaken

Community engagement for the Strategy was carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project was assessed to be Level 3 – Involve on the IAP2 spectrum. Council has worked directly with interested and affected parties to develop a draft Strategy that contains achievable actions in the context of relevant regulations and policy.

The Strategy was built on visioning work carried out by Council in the development of Bega Valley Community Strategic Plan 2040. The consultants engaged to prepare the draft Residential Land Strategy actively collaborated with staff from across Council, including strategic planning, water and sewer services, strategic assets, and economic development.

A goal of the community engagement process was to develop the Strategy in partnership with stakeholders to create ownership of the process and encourage creative thinking and solutions. Stakeholders that were involved in the development of the draft Strategy included land owners, business owners, representatives of community groups, interested community members and Councillors.

Meetings were held with the Bega, Cobargo, Merimbula, Bermagui, Pambula and Eden business chambers in September and October 2019. Independently facilitated community workshops were held throughout August in Bega, Merimbula, Bermagui, Tathra, Pambula, Eden and Cobargo to discuss each commercial centre. A second community workshop followed in November to discuss the preliminary draft Strategy. Workshops with Councillors were held in October and November 2019.

Issues raised by stakeholders during the workshops and meetings, along with comments from the consultant who prepared the draft Strategy, formed an attachment to the Strategy and were also used to inform character statements for the towns.

Formal public exhibition of the draft Strategy took place over a 13-week period from 16 December 2019 to 15 March 2020. All individuals and groups that participated in the development of the draft Strategy were notified directly and notices were placed in the local newspaper, Council News and on Council’s social media channel. Hard copies of the draft Strategy were placed in all Council libraries as well as several post offices in villages during the exhibition period.

Submissions to the draft Strategy were received via email, letter and comments on the ‘Have your Say’ section of Council’s website.

Summary of submissions

Eighteen submissions were received during the exhibition period. A summary of the issues raised in each of the submissions received are detailed in Attachment 3. The following is a summary of the key issues raised including discussion from Council staff regarding recommendations for amendment to the Strategy.

1) Extension of exhibition period / deferral of adoption of strategy

Issue summary: Request deferral of adoption of Strategy as community, landowners and business owners have not had time to review it due to bushfires.

Staff comment: Council originally resolved to exhibit the draft Strategy from 16 December 2019 until 16 February 2020 (eight weeks). Council received several requests to extend the exhibition of the draft Strategy during the exhibition period due to the impact of the bushfires and the exhibition was extended to 15 March 2020 (a total of 13 weeks).

The bushfires and now COVID-19 are affecting the capacity of our community, including land and business owners, to participate in Council engagement and consultation activities in the way that they would usually do. This impact is ongoing.

Implementation of the Strategy is important to support economic development and employment opportunities in the Shire and, like all Council Strategies, will be reviewed periodically. The owners of properties affected by proposed changes to zoning that may result from this Strategy will be notified and provided with an opportunity to comment during the planning proposal process.

The Strategy was developed with considerable input from community stakeholder groups, industry professionals, chambers of commerce, land and business owners prior to public exhibition. In addition, the Strategy was undertaken as a body of work to inform future directions and actions within the Local Strategic Planning Statement (LSPS), which is required to be delivered within a statutory timeframe (June 2020).

Recommendation: It is recommended that Council proceed to adopt the Strategy.

2) Rezoning at Snug Cove

Issue summary: Request extension of the proposed B4 Mixed Use zoning to include land immediately to the south-west of the Marine Discovery Centre and a RE1 Public Recreation zone along the foreshore to achieve activation and harbourside renewal of the Marine Discovery Centre site at 253 Imlay Street, Eden.

Staff comment: The request from the Director, Development and Transactions, Housing and Property Division of the Department of Planning, Industry and Environment is consistent with the adopted Snug Cove and Environs Master Plan and promotes pedestrian access to the foreshore, a key objective of the Master Plan.

The proposed zoning slightly extends the existing B4 Mixed Use Zone past the Marine Discovery building towards the water and changes the existing IN4 Working Waterfront zone to RE1 over that part of the land between the building and the water. This will formalise the existing use of this land as public open space and car parking, as such is it not considered to be a significant change. Public and agency consultation will form part of the rezoning process.

Recommendation: It is recommended that the draft Strategy be amended to support the submission and that the Director, Development and Transactions, Housing and Property be advised to prepare and submit a planning proposal for Council’s consideration to action the rezoning (see page 35 of Attachment 1 for details).

3) Merimbula rezoning to Medium Density Residential or Tourist Zone

Issue summary: Request details of the proposed rezoning in Merimbula and advise resulting changes to height of building limits and any other restrictions.

Staff comment: The Strategy proposes to rezone parts of Merimbula from B4 Mixed Use to R3 Medium Density Residential or SP3 Tourist as well as rezone a small part from B4 Mixed Use to B2 Local Centre. The Strategy does not recommended changes to the height of buildings controls for any of this land.

Rezoning the identified land from B4 Mixed Use to R3 Medium Density Residential would remove opportunity for most commercial land uses except for neighbourhood shops. The R3 zone permits both residential accommodation and tourist and visitor accommodation, multi dwelling housing, residential flat buildings, seniors housing, shop top housing, hotel or motel accommodation, serviced apartments and backpacker’s accommodation and health care facilities.

Rezoning the identified land from B4 Mixed Use to SP3 Tourist would remove opportunity for all residential accommodation land uses, some commercial land uses, and medical services. A SP3 zoning would permit such uses as camping grounds, caravan parks, eco-tourist facilities, recreation facilities (major) and recreation facilities (outdoor) however these uses are not considered suitable for the location.

Rezoning the identified land from B4 to B2 would result in the loss of the following residential land uses: attached dwellings, dual occupancies, dwelling houses, group homes, hostels, multi dwelling housing, residential flat buildings, secondary dwellings, semi-detached dwellings and seniors housing; Commercial development would be required at the ground floor in the B2 zone however shop top housing, hotel or motel accommodation, serviced apartments would remain permitted land uses in the zone.

Given Merimbula’s residential land deficit, as determined by the draft Residential Land Strategy, rezoning to R3 Medium Density Residential would align better with the overarching principles of the draft Residential Land Strategy, particularly Principle 2: Increase diversity of housing and Principle 4: Reinforce existing commercial centres and promote access to shops and services. Further, given that the intention of the rezoning is to consolidate the town centre, Council staff recommend rezoning to R3 Medium Density Residential rather than SP3 Tourist. No change to the recommendation to rezone the land identified in the draft Strategy from B4 to B2 is proposed.

Recommendation: It is recommended that the draft Strategy be amended to clarify that the identified parts of Merimbula are recommended to be rezoned from B4 Mixed Use to R3 Medium Density Residential (see page 30 of Attachment 1 for details).

4) Increase to height limits on certain sites in Merimbula

Issue summary: Two submissions requested an increase in maximum building heights for specific sites in Merimbula. One request was for Lot 121 DP 1250503; 119 Main Street Merimbula (Club Sapphire site) to increase the height of buildings limit from 16m to 26m. The second request was for buildings along western side of Market Street (29-47 Market Street, Merimbula) be increased from 13m to 18m (+ 1m roof encroachment) to permit five storeys.

Staff comment: The Bega Valley Shire generally experiences a low rate of redevelopment or upgrade in its CBDs. During the stakeholder process and, previously with feedback during the Community Strategic Plan process, Merimbula residents identified revitalisation of the town centres as desirable but that maintaining the low scale relaxed coastal atmosphere was also important.

Relevant feedback from consultations about Merimbula point to several issues:

· Our Place: improve appearance of towns; economic growth and diversification; motivate landlords to do up their premises; give Merimbula a facelift to entice tourists; no high-rise development.

· Draft Commercial Land Strategy: tired streetscape; lack of pride in presentation of premises; poor selection of housing for modern living; lack of residential opportunities within the centre such as shop-top housing; revitalise and beautify the town centre; limit building heights to 3 or 4 storeys.

While development feasibility is highly site specific, urban renewal is contingent upon redevelopment being financially viable. Height of buildings limits and setback controls play a significant role in this space. Currently, building height limits in Merimbula’s CBD vary between 10m, 13m and 16m, with most older commercial stock in Market Street and Main Street limited to 10m and 13m. Arguably, the current maximum building heights for Merimbula are not stimulating developer investment into the town centre and may warrant further review considering economic feasibility.

It is considered that sites that have a land area greater than 2000m² provide potential to add additional height with minimal overshadowing and visual impacts through use of generous setbacks for the higher levels.

With Bega being the Regional Centre, it would be appropriate to extend any consideration to increased building height limits to Bega also, to encourage renewal and residential supply.

4a) Specific comment for 29-47 Market Street, Merimbula proposal to increase height of buildings limit

The request to increase the building height limit at 29-47 Market Street, Merimbula from 13m to 18m would allow up to five storeys. The request also seeks a variation to the setback requirements under Development Control Plan 2013 to allow a reduced setback for balconies. The variation to the setback would be assessed at the time of lodgement any development application.

The draft Residential Land Strategy, which was developed concurrently with the draft Commercial Land Strategy, identified Merimbula and Tura Beach as being the two locations in the Bega Valley Shire that do not have an adequate residential land supply for anticipated demand over the next 20 years. Stimulating redevelopment of the town centre would contribute to the provision of additional residential dwelling supply.

The proposal demonstrates potential for good outcomes from increased building height limits. The size of the site provides room for large setbacks that greatly reduce the bulk, scale, visibility and overshadowing impacts of higher-level development.

4b) Specific comment for Club Sapphire site, Main Street, Merimbula proposal to increase height of buildings limit

The submission to Council to increase the building height limits at the Club Sapphire to permit establishment of a hotel is a significant increase to the existing height of buildings limit from 16m to 26m. Potential benefits may include increased employment opportunities and tourism visitation. However, it is noted that the proposal could have considerable impacts on Merimbula’s existing character.

The additional height would permit an additional two-three storeys above the existing permitted height limit, and allow development of a taller, less bulky building.

The submission is accompanied by a socio-economic report, draft plans and a visual impact assessment. The socio-economic report outlines the potential economic benefits of the development, employment including ongoing full-time equivalent jobs as well as jobs during construction, significant contribution to regional economic output, strengthening of the tourism and conferencing sector, support for Merimbula airport expansion viability, reduced reliance upon gambling revenue for the Club and increased footfall for the Merimbula CBD.

Council staff’s review of the visual impact assessment and shadow diagrams highlight the relative isolation of the site from surrounding residential development which reduces potential visual and overshadowing impacts upon nearby development. Several residences would experience intrusion into their coastal views. Given the relatively large departure from the existing building heights in Merimbula, some residents may find the proposal threatening to the existing character of Merimbula.

Recommendations: It is recommended that the draft Strategy be amended to support consideration of site-specific proposals with a land area greater than 2000m², to increase the maximum height of buildings in Bega and Merimbula by way of a combined Planning Proposal and Development Applications that allow the community to evaluate the merits of each proposal (see pages 26,27,29 and 30 of Attachment 1 for details).

5) Applying commercial and residential zone to RU5 Village areas

Issue summary: Tightening village zoning in areas like Cobargo will lessen the potential for rebuilding, especially regarding the prohibition of ground floor accommodation. Owners need mixed use to get economic viability and Cobargo needs to retain flexibility after the fire.

Staff comment:

Cobargo

The draft Strategy proposes to rezone Cobargo from RU5 Village to B2 Local Centre and R2 Low Density Residential. The intention is to reinforce commercial activity within the established commercial areas of Cobargo’s main street.

The concern that rezoning from RU5, to B2 and R2, would result in the loss of opportunity for ground floor residential accommodation in combination with a shop in the proposed B2 area of Cobargo is valid. The existing parcels of land in the commercial area are large and elongated and there is sufficient land to construct commercial premises with shop top housing on the street front and a ground floor residence at the rear.

The recommendation of the draft Strategy was made prior to a significant portion of the established commercial area being destroyed by fire, which has necessitated the complete redevelopment of seven parcels of land within it. Council and landowners are currently investigating ideas for the redevelopment of the affected area and the local community have a keen interest in future development on this land. Under the circumstances, to facilitate this process and ensure maximum flexibility in redevelopment options it is considered that the existing RU5 zone should be retained in the short term.

Other Villages

In December 2017 Council resolved to commence work on a place-based development plans for the villages to provide a coordinated approach to their future development, particularly in relation to Wolumla. During the preparation of the draft Strategy Council staff raised the concept of removing the village zone from Wolumla and Kalaru; Wolumla to preserve a possible future commercial centre that is at risk of being lost to residential development, and Kalaru to prevent ad-hoc commercial development, and applying B2 and R2 zones to the villages.

The consultant, in the draft Strategy, recommended retaining the village zone to ensure continuing flexibility for proposed future development due to the large range of uses permitted and pointed to the advantages of businesses clustering and evolving into a main street over time with a commercial zone applied after the commercial area is established (like Cobargo).

Staff are aware of the potential for land use conflict within the RU5 zone which is caused by incompatible land uses within what are essentially residential areas. The flexible village zone can also make it harder to control the future character of villages. The range of uses currently permitted in the village zone also impact on achieving the aims of the draft Strategy to consolidate new commercial development within existing areas and ensure that new commercial development supports the hierarchy of centres.

For these reasons it is recommended that Council continue to investigate the application of B2/R2 zones for the villages of Wolumla and Kalaru.

A recommendation of the draft Strategy is to remove land uses that are considered to be inconsistent with a rural village (including self-storage units, vehicle repair stations, vehicle body repair workshop and vehicle sales or hire premises) from the RU5 land use table. This recommendation is supported as a short term measure while the broader investigation of a B2/R2 zoning is undertaken. These changes will be subject to public consultation through the Planning Proposal process and are unlikely to impact redevelopment in Cobargo.

The draft Strategy proposes adding the newly defined land use of artisan food and drink industry land use to the B2 Local Centre zone to enable additional activities that contribute to the rejuvenation of our town centres. On review, it is recommended that the land use of vehicle sales or hire premises are removed from the B2 Local Centre and B4 Mixed Use zone, as this use does not fit with the desired future for our town centres or villages.

Recommendations:

1) Amend the draft Strategy to remove the recommendation to rezone Cobargo village and identify that further consideration and community consultation should be undertaken to rezoning Cobargo, Wolumla and Kalaru from RU5 Village to B2 Local Centre and R2 Low Density Residential to ensure protection of the commercial centres and the orderly development of these local centres (see pages 47-50 of Attachment 1 for details).

2) Amend the draft Strategy to include the following uses in the list to be removed from the RU5 Village land use table: hardware and building supplies, landscaping material supplies, timber yards, depots, warehouse or distribution centre, self-storage units and public administration building (see page 24 of Attachment 3 for details).

3) Amend the draft Strategy to recommend that vehicle sales or hire premises is removed from the B2 Local Centre and B4 Mixed Use zone (See page 24 of Attachment 1 for details).

6) Shop top housing

Issue summary: A range of submissions regarding shop top housing were received. These mostly applied to Bermagui and Merimbula and included support for the encouragement of shop-top housing, support for shop top housing and mixed use, and concern about design and parking issues associated with shop top housing. Another submission stated there needs to be more emphasis on encouraging shop top housing where it contributes to a diversity of housing sizes, possibly through the addition to the objectives for Zone B2 Local Centre.

Staff comment: The draft Residential Land Strategy recognises that greater housing diversity is needed in urban centres within the Shire and the foundation principle in the draft Strategy regarding the importance of residential development to commercial development will be strengthened by including a reference to housing diversity.

The draft Strategy could be improved by further emphasis on the capacity for this type of housing to bringing diversity and supply into our commercial areas. Council could investigate a range of options to incentivise this type of development in Merimbula and Bega such as increases in height limits or reductions in headworks or developer contributions.

Recommendations:

1) It is recommended that the draft Strategy be amended to include a general recommendation to investigate incentives for shop top housing in commercial centres (see page 21 of Attachment 1 for details).

2) It is recommended that the fifth foundation principle in the draft Strategy is amended to include a reference to housing diversity (See page 5 of Attachment 1 for details).

7) Changes to car parking requirements

Issue summary: Request for further clarification of what is meant by the recommendation to introduce flexible on-site car parking requirements for certain commercial uses.

Staff comment:

The draft Strategy provides more specific recommendation to the flexible parking recommending the following amendment to the DCP 2013;

Amend car and bicycle parking requirements to provide corresponding land uses to the Standard Instrument LEP definitions and amend the requirements to permit a broader range of land uses that may be available through a change of use, in particular where the use has been identified as desirable and is likely to activate the commercial centre.

Currently where a new business can be established through a change of use there are no additional carparking requirements. Where a new business requires development consent carparking requirements may apply either through on-site provision or payment of a contribution which may be a barrier to the development proceeding. Investigation opportunities to broaden those businesses that could establish through a change of use process would reduce those barriers.

Recommendations: No change to the draft Strategy.

8) Expansion of Business zones in Bermagui and Tathra

Issue summary: Two of the options that were discussed in the report to Council for the exhibition of the draft Strategy on 11 December 2019 include consolidating existing commercial development along Andy Poole Drive in Tathra and expanding commercial land in Bermagui through the application of a mixed-use zone along Lamont Street from the corner of Bunga Street through to Carnago Street (excluding the wetlands).

Staff comment: At this time, it is recommended that the principle of consolidating the commercial centres is upheld to promote economic and social revitalisation of our town centres. As such, zoning additional B4 land beyond that land already identified in the draft Strategy is not recommended in the short term. However, with consideration of this strategy being a 20-year plan, it is recommended that the strategy is amended to recommend keeping a watching brief to determine the appropriate time for further zoning of B4 or B2 land in Tathra and Bermagui, including monitoring of vacant supply.

Recommendation: It is recommended that the draft Strategy is amended to include a recommendation to monitor demand for and supply of vacant and occupied commercial land in Tathra and Bermagui (See pages 39 and 45 of Attachment 1 for details).

9) Changes to height limits in Bermagui

Issue summary: Submissions were received that both supported and opposed increased height limits in the commercial areas of Bermagui. There was also some discussion in submissions of what the maximum number of storeys possible within the 10m height limit is and whether this should change.

Staff comment: The draft Strategy does not recommend any changes to existing maximum heights in Bermagui, but it does detail that a 10m building height would accommodate development of two-three storeys depending on the mix of the development.

Feedback about Bermagui from the Our Place and draft Commercial Land Strategy stakeholder engagements indicates range of views about the future of Bermagui but indicate a general desire towards maintaining the existing low-scale style of development in the town. Retaining the existing development standards will ensure that this expectation is met while not removing any of the existing potential that exists for future development in the town centre.

Recommendation: No change to the draft Strategy is recommended.

Financial and resource considerations

The project is included in the adopted 2019-2020 Operational Plan and is being funded through a one-off budget allocation from the General Fund.

Funding source		Amount
General Fund	$	34,000

Legal /Policy

Exhibition of the draft Strategy was consistent with Council’s obligations under the Local Government Act 1993 and Environmental Planning and Assessment Act 1979 to seek community input into strategic planning matters.

The Strategy was prepared to provide a policy framework for the planning and development of the Shire’s commercial centres over the next 20 years and has informed the draft Bega Valley Shire Local Strategic Planning Statement 2040.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Strategy addresses the following goals in the Bega Valley Community Strategic Plan 2040:

• Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.

• Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.

• Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs.

The Strategy also addresses the Goal 1 of the South East and Tablelands Regional Plan 2036 to create a connected and prosperous economy and the direction to promote business activities in urban centres. It aims to achieve the following actions from the plan:

• Action 12.3: Reinforce the role and function of centres as the primary places for commerce, retail, social activity and regional services

• Action 12.4: Focus future commercial and retail activity in existing commercial centres

Environmental / Sustainability

The Strategy will address the resilience outcomes of a more diverse and thriving economy including economic sustainability, sustainable development and sustainable employment opportunities.

Economic

The Strategy will set the direction for future development within commercial centres and trigger changes to land use zones, building heights, land use tables and other planning controls to help revitalise commercial space and promote economic growth opportunities.

Implementation of the Strategy, once adopted, will help our economy become more resilient by encouraging diversity and employment generating opportunities.

Risk

Implementation of this Strategy will help address the risk of our existing economic and employment base, which is dependent on a small number of industry sectors by providing opportunities for diversification of commercial activity.

Social / Cultural

One of the foundation principles of the Strategy is to adopt a partnership approach to economic growth, which provides reliable incomes for the labour force, business opportunities for employers, and revenue to maintain services and infrastructure that supports the needs of the community.

Implementation of the Strategy will help our community become more resilient by encouraging employment generating opportunities and helping create more vibrant and activated commercial centres which facilitate community connections, recreation and cultural activities.

Attachments

1 ⇩. Commercial Land Strategy for adoption (tracked changes)

2 ⇩. Exhibited Draft Commercial Land Strategy

3 ⇩. Summary of submissions to Draft Commercial Land Strategy

Council 29 April 2020

Item 8.3

8.3. Public Exhibition of Burning Off in Open Areas Policy

This report seeks a resolution of Council to publicly exhibit a draft Burning Off in Open Areas Policy.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Publicly exhibit the draft Burning Off in Open Areas Policy (Attachment 1) for not less than 28 days.

2. Request staff to prepare a further report to Council following public exhibition, should the exhibition process result in material changes to the policy.

3. Authorise staff to finalise and adopt the policy following public exhibition, should no material changes arise from the exhibition process.

Executive Summary

Council has a current Clean Air Procedure (Attachment 2), which provides an approval process for burning of dry vegetation (pile burning) within 75 metres of a dwelling. The draft policy seeks to streamline this process by providing a deemed approval mechanism for properties more than 3000m²in certainzones. This would remove the need for certain property owners to obtain an approval from Council to undertake pile burning, providing that they comply with the provisions in the draft policy.

Background

Open burning is regulated across New South Wales by the Protection of the Environment Operations (Clean Air) Regulation 2010 (the Regulation). The intention of the Regulation is to manage the air pollution issues associated with open burning, with a view to protecting local and regional air quality, local amenity and public health.

Bega Valley Shire is a Local Government Area (LGA) listed in Parts 2 and 3 of Schedule 8 of the Regulation in which burning of vegetation and other waste is prohibited except with approval.

The draft policy sets out the processes to ensure compliance with the Regulation in Bega Valley Shire and seeks to supersede the current Clean Air Procedure 4.12.1.

The draft policy aims to:

· Protect the environment, the health and the amenity of people in the Bega Valley Shire;

· Ensure consistency and fairness in the way Council deals with burning off;

· Ensure compliance with the Regulation;

· Increase public awareness of their obligations under the Regulation; and

· Make Council's requirements for burning off readily accessible and understandable to the public.

The deemed approval process relates to land that is:

· Greater than 3000m² in area; and

· Zoned RU1-5 Rural, R5 Large Lot Residential, E2-4- Environmental Protection or RE2-Private Recreation under Bega Valley Local Environmental Plan 2013.

In general, there should be no need for open burning in other areas as lots are relatively small and in urbanised settings. These households have also been provided with a 240 litre green bin so that green waste can be beneficially reused as compost. In the unlikely event that open burning on these properties is necessary, the policy provides for the occupier to seek approval from Council. This application would need to demonstrate written support of adjoining neighbours with dwellings within 75 metres of the proposed burning activity and either the NSW Rural Fire Service or Fire and Rescue NSW, depending upon the specific location of the property.

Options

The options available to Council are to:

1. Publicly exhibit the draft Burning Off in Open Areas Policy (Attachment 1). This is the recommended option.

2. Adopt the draft Burning Off in Open Areas Policy without public exhibition. This is not recommended, as it is inconsistent with Council’s adopted Community Engagement Strategy.

3. Amend the draft Burning Off in Open Areas Policy prior to exhibition. Councillors would need to identify proposed amendments.

Community Engagement

Consultation undertaken

During the last hazard reduction period, residents raised concerns with Council about limitations on their capacity to burn off within the available hazard reduction period. Amendment of the approval process as proposed in this report seeks to address those concerns by streamlining the approval process for open burning.

Consultation Planned

Further consultation with the Bega Valley community and key government agencies including the Rural Fire Service, NSW Fire and Rescue, NSW Environment Protection Authority and NSW Health will be undertaken during the exhibition period.

Council consideration of input

Councillors have the opportunity to determine the way forward in relation to Council’s policy position on open burning.

Financial and resource considerations

Costs associated with the proposal relate to advertising of the draft policy. Public exhibition of policy is a regular activity of Council and included in the adopted 2019-20 budget.

There is expected to be a minor increase in revenue through fees for approvals, where sought under the policy, which are not applied under the current Clean Air Procedure.

Funding source		Amount
Certification and Compliance – General Fund	$	500

Legal /Policy

Council has a legal obligation to regulate air quality under the Protection of the Environment Operations (Clean Air) Regulation 2010. Review and amendment of Council’s policy framework is a regular function of Council.

Any open burning activities must be undertaken in accordance with NSW Rural Fire Service’s document Standards for Pile Burning and the relevant agency (either NSW Rural Fire Service or NSW Fire and Rescue) notified prior to the activity commencing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Management of bushfire hazards and air quality is consistent with the following elements of Council’s Community Strategic Plan:

Outcome 3: Sustainable Living; Goal 5: Our air and water is pristine and our natural

environment and rural landscapes are protected.

Outcome 4: Liveable Places; Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Environmental / Sustainability

There are no material environmental sustainability implications of exhibiting the draft policy.

Open burning has the potential to adversely affect local air quality if not managed appropriately. The draft policy seeks to provide guidance to residents about how to manage hazard reduction through open burning in a way that minimises adverse impacts on neighbours.

Economic

There are no material economic impacts of exhibiting the draft policy, and the policy, once adopted, is not expected to have direct economic impacts. The policy intends to make it easier to conduct hazard reduction works, which may contribute to reducing economic losses from bushfire.

Risk

Development of policy is a core function of Council and does not introduce any new risk.

The proposed deemed approval process does involve some risk that people will undertake open burning without adequate controls; however, that risk already exists to the extent that landowners may choose to conduct open burning without complying with the existing approval process.

Social / Cultural

There are no material social or cultural impacts associated with the proposal. Public exhibition, as proposed, provides an opportunity for the local community to provide input to the policy development process.

Open burning may affect the health of those in the community with respiratory conditions. This is offset against the risk of bushfire from high fuel loads in the landscape. The policy seeks to balance these competing risks.

Attachments

1 ⇩. Draft Burning Off in Open Areas Policy

2 ⇩. Clean Air Procedure

Council 29 April 2020

Item 10.1

10.1. Eden Tourism financial assistance request for relocation of Eden Visitor Information Centre

This report provides further details on Eden Tourism’s request for financial assistance to enable relocation of the Eden Visitor Information Centre to the new Port Authority of NSW ‘Welcome Centre’ at Snug Cove.

General Manager

Officer’s Recommendation

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre.

Executive Summary

In response to Council’s request for further information, Eden Tourism has provided the requested details on the costs of their proposed relocation of the Eden Visitor Information Centre (EVIC) to the Port Authority of NSW’s Welcome Centre (under construction) at Snug Cove.

With the additional information provided, the reasons for the recommendation to provide the requested assistance remain unchanged:

· It is consistent with previous support provided to the Merimbula Visitor Information Centre (MVIC) in 2019.

· The proposed relocation was initiated through an offer to the Eden VIC from the Port Authority of NSW as a positive opportunity for the Port, Cruise Eden and the Eden VIC.

· A relocation by the EVIC, if it proceeds, helps deliver elements of Council’s Library Services Strategic Plan by making available extra space in the Eden Gateway building which could be used by Council’s Eden Library. This would be beneficial to Council as it would reduce the need to undertake extension works on the site and would allow for use of the existing building.

Additionally, by providing the requested assistance, Council leverages the considerable financial investments made by the Federal and State governments and Bega Valley Shire Council, in creating significant tourism infrastructure that places Snug Cove at the heart of Eden’s tourism offering; supports the destination development of Council’s ‘Sapphire Coast’ offering; and, provides economic benefits to the Eden community, the tourism sector, and the whole of the Bega Valley Shire.

Background

Councillors, at the 18 March 2020 Council meeting, resolved to defer a decision on Eden Tourism’s request (dated 8 October 2019) for $25,000 financial assistance in support of the proposed move of the EVIC for a further report to Council to include further details from Eden Tourism. The deferral was to allow Eden Tourism to provide Council a report with further information about the use and need for the requested $25,000. The requested information is provided in their letter to the General Manager dated 23 March 2020.

The sum requested is to offset costs estimated to be $82,500 with a breakdown as follows:

· Design $5,000

· Internal fit out $40,000

· Office fit out $5,000

· IT, Audio Visual etc. $15,000

· Signage (new and to relocate existing) $10,000

· Miscellaneous $7,500

Eden Tourism has applied to the Building Better Regions Fund Community Investment Stream Round 4 grant for $75,000. However, this potential funding is in support of developing a significant Eden-specific interpretative installation within the proposed new EVIC at the Snug Cove Welcome Centre to enhance visitor experience. It is not towards relocation costs. The Eden Tourism, as their requests to Council show, requires support to meet the relocation costs.

Eden Tourism is making an application to Office of Responsible Gambling (ORG) for $50,000 from the Infrastructure grant stream to assist with relocation. The total funds requested from all external sources is $25,000 from Council and this $50,000 from ORG. Eden Tourism will finance the remaining expenses from internal sources.

Information provided to Council previously in support of the request include Council’s resolution (122/18) to provide $25,000 to Merimbula Tourism to assist in meeting Visitor Information Centre relocation costs at Council’s meeting on 19 September 2019. Granting the request from Eden Tourism is both consistent with the support given to Merimbula Tourism and demonstrates Council’s commitment to equitable investment in community and economic infrastructure.

Also provided previously, an explanation of how a move by the EVIC to the new Welcome Centre at Snug Cover, would provide some of the extra space Eden Library requires to meet desired benchmarks and performance indicators (as described in Council’s Library Services Strategic Plan 2020-2025). This is a significant benefit to the Library plans as it allows consideration of utilising the existing building and not undertaking building extension works to achieve the Strategy’s benchmarks.

Council support, demonstrated by providing the requested $25,000, will enable the EVIC relocation to go ahead. Given the nature of Eden Tourism as a membership-based incorporated association and with their members severely financially impacted through the bushfire and now COVID-19 disasters, they are not able to raise the total sum internally to meet the relocation costs.

Council, by resolving to support the request, makes an important financial contribution to the modernisation of a key tourism service and site. Further, the $25,000 serves as an indirect investment in Council’s ‘Sapphire Coast’ destination development and tourism offering, by leveraging the substantial financial investments made by Federal and State governments in the Snug Cove / Eden Wharf Precinct. The activation of the Welcome Centre at Snug Cove recognises Snug Cove as the most visited location within the Shire. Enabling the Eden Visitor Information Centre to be located in the Welcome Centre will provide a hub for visitors to Eden and our Shire, improving the likelihood for re-visitation outcomes, while demonstrating to government stakeholders and funding bodies our commitment to the shared vision for a prosperous Eden.

If supported, financial assistance would be provided via a grant and after a formal agreement is reached between Port Authority of NSW and Eden Tourism for the EVIC to operate from the new Welcome Centre at Snug Cove.

Financial and resource considerations

The one-off contribution towards relocation of the Eden VIC can be funded from the adopted 2020-21 budget for economic development – tourism.

Funding source		Amount
Eden Visitor Centre relocation – General Fund	$	25,000

Attachments

1 ⇩. Updated Letter to BVSC-EVIC and Welcome Centre 230320 (002)

Council 29 April 2020

Item 10.2

10.2. VIC licence agreement renewals

The Visitor Information Centre licence agreements at Bermagui and Eden are due to expire on 30 June 2020 and Council approval is being sought to offer new occupation licences to these organisations as outlined in this report.

Director Assets and Operations

Officers Recommendation

1. That Council approve a further three (3) year licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre, for the Crown Lands minimum annual licence fee commencing from 1 July 2020.

2. That Council approve a further one (1) year licence to Eden Tourism Incorporated for their continued occupation of space within the Eden Gateway Centre, for the minimum annual licence fee as per Council’s Fees and Charges commencing from 1 July 2020.

3. That authority be delegated for the Mayor and General Manager to execute the above licence agreements.

Executive Summary

The Visitor Information Centre (VIC) licence agreements at Bermagui and Eden are due to expire on 30 June 2020. Council officers are proposing to maintain the status quo for each of the organisations and offer tenure at minimum rental.

Background

Council resolved at its Ordinary Meeting of 20 February 2019, to approve a further one (1) year licence to Bermagui Chamber of Commerce and Eden Tourism Incorporated for their continued occupation of the current sites at the existing minimum rental until the tourism industry liaison review report was considered by Council. Outcomes from this review were reported to Council’s Ordinary Meeting of 31 January 2018. In mid-2018 a new Tourism Marketing Services Contract was finalised with an external provider.

The current funding environment for VICs is still constrained. Further investigations by Council officers over 2019-20 regarding a tourism related SRV or other mechanism were progressed and reported to Council’s Ordinary Meeting of 10 April 2019 where Council resolved as follows:

1. That Council note the report.

2. That Council officers pursue the option of a sector wide special levy with other local Councils, Destination Southern NSW and local government bodies through legislative change.

Until the proposed legislative change is progressed it is considered appropriate to maintain the status quo for each of the organisations and offer tenure at minimum rental.

The Bermagui Chamber of Commerce currently occupy the areas show in yellow on the below diagram for VIC purposes and storage within the Bermagui Community Centre.

Council’s library services team are in the process of lodging a development application for a renovation within the Bermagui Community Centre. The renovation plan comprises of removing internal walls and creating a new open space in the library as well new staff accommodation and a makerspace. The new open space will make the meeting rooms at the back of the library more accessible to the public. There is a strong demand for small quiet meeting rooms in our library spaces, therefore the room currently utilised by the VIC for storage could be better utilised to meet our customers’ needs. It is proposed that under the terms of the new licence agreement the VIC be offered alternative space in the centre for their storage needs.

As outlined in a separate report in this Business Paper Eden Tourism Incorporated is investigating relocation from the Eden Gateway Centre to the new Port Authority of NSW ‘Welcome Centre’ at Snug Cove. For this reason, it is thought that only a short-term tenure arrangement will be required for their continued occupation of space within the Eden Gateway Centre.

Options

The options available to Council are:

1. Maintain licence fees at current levels (increased annually by CPI);

2. Adopt the licence fees as outlined in the attached report of 22 November 2017 as follows:

Licensee	Current Licence Fee (per annum)	Licence Fee in Year 1 (per annum)	Licence Fee in Year 2 (per annum)	Licence Fee in Year 3 (per annum)
Bermagui Chamber of Commerce and Tourism	$547.80	$2,016.00	$4,032.00	$6,048.00
Eden Tourism	$547.80	$2,160.00	$4,320.00	$6,480.00

Community Engagement

Consultation undertaken

Council officers have been liaising with representatives from Bermagui Chamber of Commerce who have indicated they would like to continue with their occupation on the provision that the terms and conditions of their tenure remain as they are at present.

As outlined in a separate report in this Business Paper Council officers have been liaising with Eden Tourism Incorporated regarding their proposed relocation to the new Port Authority of NSW ‘Welcome Centre’ at Snug Cove.

In addition, Council’s Economic Development team consult on a regular basis with both organisations.

Financial and resource considerations

As detailed in the attached report of 22 November 2017 the rebate percentages achieved under Council’s previous and current Rental Assessment and Rebate Procedure as well as the previous and most recent valuation amounts for the sites has seen a proposed increase in annual rental as follows:

Licensee	Previous Valuation	Previous Rebate %	Previous Licence Fee (per annum)	New Valuation	New Rebate %	Proposed New Licence Fee (per annum)
Bermagui Chamber of Commerce and Tourism	$16,000	97%	$518	$16,800	64%	$6,048
Eden Tourism	$20,215	97%	$518	$18,000	64%	$6,480

It was suggested in recognition of the fact that changes to the rental rebate process increased rental fees substantially, Council introduce the fees over a three-year period, rather than adopt the new charges in the first year. The report of 22 November 2017 suggests the reason for recommending the increase is licence fees can no longer remain at the level they currently are as the condition of Council’s buildings continues to deteriorate.

Given the current funding environment for VICs is still constrained it is suggested by Council officers that licence fees be maintained at current levels (increased annually by CPI).

Council officer time will be required to arrange execution of the new licence agreements and ongoing management of the licence agreements will also require Council officer resources as required.

Legal /Policy

The Eden Gateway Centre building is located on Council owned operational land being Lot 1 DP 1037443, therefore in accordance with Council’s Management of Leases and Licences Procedure a short-term licence for one (1) year is permissible.

The Bermagui Community Centre building is located on Reserve 91099 which is Crown Land leased by Bega Valley Shire Council. In accordance with clause 70 of the Crown Land Management Regulations 2018 (NSW) renewal of existing licences over pre-Plan of Management Crown Land, for a term not exceeding 21 years, is permissible when there was a pre-existing licence in force immediately before the repeal of the Crown Lands Act 1989 (NSW) providing that the new licence does not authorise any uses for the land that are additional to uses that were permitted under the previous licence.

As the proposed licence may affect Native Title interests in the reserve Council, when exercising powers provided by these transitional arrangements, must obtain written advice from a qualified Native Title manager that the licence complies with Native Title legislation.

Council is committed to managing Crown land consistently with the Aboriginal Land Rights Act 1983 and Council will be required to discuss with the NSW Aboriginal Land Council and Merrimans Local Aboriginal Land Council to ensure traditional custodians’ needs and views are given primary consideration before proceeding with the proposed licence.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the buildings to be occupied by the current tenants if their use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. Council report dated 22 November 2017 Licence agreement renewals

Council 29 April 2020

Item 11.1

11.1. Bega Saleyards land options

The purpose of this report is for Council to consider the future occupation and management of the Saleyards facility and the future use of the Council owned operational land parcels at Kerrisons Lane, Bega.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 at Kerrisons Lane, Bega as shown on the attached diagram and detailed in the report to Council of 29 April 2020.

3. That Council enter into a formal Deed of Agreement, with NSW Rural Fire Service, for the provision of land at Bega Saleyards site for establishing a fit for purpose emergency control centre and regional facility, noting the final Deed details will be brought back to Council for consideration.

4. That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 for lease purposes to formally identify the Saleyards site, Council’s stockpile site, pound and fenced compound area so that an exclusive long-term lease can be progressed over the remaining Bega Saleyards facility.

5. That Council note a public Expression of Interest process will be conducted by Council officers for the use and management of the Saleyards facility and the results will be presented back to Council for consideration.

6. That Council approve a further 6-month lease to Sapphire Horizons Pty Limited, from 30 June 2020 to 31 December 2020 on the same terms and conditions as the existing lease.

7. That Council hereby authorise its official seal to be affixed to the plan documentation under the signature of the Mayor and General Manager to subdivide the land.

Executive Summary

Council officers have investigated the possible use of the Council owned operational land parcels at Kerrisons Lane, Bega to maximise their potential in the future. Council approval is being sought to subdivide the land parcels as shown on the attached diagram to create a land parcel for transfer to NSW Rural Fire Service (RFS) for the purpose of establishing a fit for purpose emergency control centre and regional facility. A further subdivision for lease purposes will then be progressed over the remaining land so that Council can progress with a long-term tenure arrangement over the Saleyards facility.

Background

Council resolved, at its Ordinary Meeting of 13 March 2019, when considering its position on the proposed divestment of Lot 282 DP 750190 and Lot 420 DP 874393 at Kerrisons Lane, Bega as follows:

1. That Council receive and note the report and attached Vacant Land Review Sheet providing details on individual land parcels that this report relates to.

2. That Council retain ownership of Lot 282 DP 750190 Kerrisons Lane in Bega for Council’s future requirements.

3. That Council receive and note the report and attached Vacant Land Review Sheet providing details on individual land parcels that this report relates to.

4. That Council retain ownership of Lot 420 DP 874393 Kerrisons Lane in Bega for Council’s future requirements.

These land parcels were the subject of a further report to Council’s Ordinary Meeting of 27 November 2019 when Council resolved as follows:

1. That Council delegate authority to the General Manager to give land owners consent for the creation of a public road over part Lot 420 DP 874393 for market value as determined by a registered valuer.

2. That Council delegate authority to the General Manager to execute the necessary documentation to release the Right of carriageway in favour of Essential Energy over part Lot 420 DP 874393.

3. That following receipt of confirmation from the proponent of acceptance to compensate Council for the market value as determined, Council progress to execute the necessary documentation and approvals to facilitate the creation of the road reserve.

4. That all costs associated with the creation of a public road over part Lot 420 DP 874393 including Council’s legal costs, survey work, plan preparation and registration fees be borne by the applicant.

As a result of the above process Lot 420 DP 874393 is now known as Lot 214 DP 1253502 (as outlined in a separate report in this Business Paper).

Following the Resolutions of Council, officers have investigated a subdivision of the land parcels to not only enable long-term security of tenure over the Saleyards facility but to maximise use of the Council owned operational land parcels.

For the following reasons investigations have revealed there is only one viable land option to pursue for subdivision and disposal due to the following site specific constraints:

· Biodiversity Constraints – several endangered ecological communities have identified on the land limiting any future development;

· Road access upgrade to the Sales Yard Entrance – there is limited site distance to the east of the Sales Yard entrance which was measured it 110m. The requirement for safe intersection site distance for an 80kph area is 181m therefore intensifying the use of this intersection for future development is unlikely to be supported in its current location and would require the relocation of the intersection.

· Land Contamination - Part of Lot 214 DP 1253502 has been used for Council stockpile purposes for many years, this area is thought to have a increased risk of being contaminated land, the extent of the contamination has not been further investigated at this stage. Council still have a requirement for a secure stockpile site in close vicinity of Bega.

· Water and Headworks Costs – there are considerable costs associated with water connection and headworks charges.

Following the recent bushfires Council officers have held discussions with RFS to see what can be done to ensure the future of a dedicated fire control centre is maintained by RFS within the Bega Valley.

Through discussions with the RFS the parcel of land adjacent to the Princes Highway at the Saleyards site has been considered suitable as an appropriate location for a new fire control centre with the potential to also combine the Bega and Jellat Jellat brigade stations into one location along with other potential functions including SES.

Given the importance of securing an RFS presence in the Bega Valley, Council approval is being sought to enter into an agreement with RFS to transfer this parcel of land for the purpose of RFS creating an emergency control centre and regional facility.

As part of the agreement upon RFS relocating from their current Bega location within the Council depot precinct this facility would become available for Council operational requirements.

As detailed in the report to Council’s Ordinary Meeting of 13 June 2018, the current lessee at the Bega Saleyards has been on short-term lease arrangements for many years to allow Council officers time to complete further feasibility investigations in relation to the future of the facility.

Council engaged the services of Outcross Pty Ltd to undertake a review of the Bega Saleyards, including a gap analysis to understand how the operations and infrastructure components of the facility perform when compared to industry best practice and recommend a way forward in terms of ongoing management.

As a result of the review there were several recommendations for capital upgrades works Council carried out significant upgrade works to the facility throughout 2019 under a $1million grant from the NSW State Government for Drought Communities Programme to improve animal welfare, site safety, community access and facilities, environmental improvements and operational upgrades. These upgrade works are now complete, Council is now able to progress an expression of interest process for the long -term occupation and management of the Bega Saleyards facility.

To enable a long-term exclusive lease agreement to be entered into over the Saleyards facility a further subdivision for lease purposes will be required to formally identify the Saleyard site, Council’s stockpile site, pound and fenced compound area.

The current lease agreement for the Saleyards site expired on 30 June 2019 and has since been on a holding over basis which is due to expire on 30 June 2020. To allow enough time for Council officers to undertake the above course of action Council approval is being sought for a further 6-month lease extension to Sapphire Horizons Pty Limited, from 30 June 2020 to 31 December 2020 on the same terms and conditions as the existing lease.

Options

The options available Council are as follows:

1. Accept the recommendations provided by Council officers above; or

2. Subdivide Lot 282 DP 750190 and Lot 214 DP 1253502 at Kerrisons Lane, Bega for lease purposes only with RFS being advised that a land lease is the only option to pursue for the establishment of an emergency control centre and regional facility. Noting a lease option may not be enough to ensure the future of RFS is secured within the Bega Valley; or

3. Subdivide Lot 282 DP 750190 and Lot 214 DP 1253502 at Kerrisons Lane, Bega as shown on the attached diagram and appoint a suitably qualified Real Estate Agent, by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting of the surplus land by public auction, private treaty or expression of interest; or

4. Maintain the status quo noting only short-term tenure arrangements can be pursued and use of the Council owned operational land parcels are not being maximised to their potential.

5. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Property officers consulted with Council’s planning, environment, engineering and water and sewer teams regarding the subdivision potential of the land parcels.

Council officers have held discussions and conducted a site visit with RFS personnel regarding the potential land for the establishment of a fit for purpose emergency control centre and regional facility.

The current Saleyards lessee has also been consulted and has indicated he would like to continue with his occupation of the facility for a further term.

Consultation Planned

Council officers intend to issue long-term tenure of the Saleyards facility, therefore in accordance with the provisions of the Local Government Act 1993 (NSW) (LG Act) and to maintain transparency and avoid any suggestion of impropriety, Council officers will run a public EOI process for the use and occupation of the Saleyards facility.

Due to the size of the subdivision (2 lots) there is no public notification requirement. Planning staff have advised they will consult with Roads and Maritime Services and Essential Energy through the development assessment process.

Financial and resource considerations

As outlined in a separate report in this Business Paper part of Lot 214 DP 1253502 has recently been dedicated as public road at a value of $16,000 plus GST which will go towards costs associated with the proposed subdivision of land and transfer to RFS.

The annual lease fee payable by the lessee of the Saleyards is currently $8,800 per annum (base rental) plus 10% of all yard dues. It is anticipated that a market rental assessment will need to be commissioned by Council to determine a rental figure prior to entering into any new tenure arrangement for the site.

All lease fees payable are held in the Saleyards reserve and all costs associated with the subdivision for leases purposes will be offset against the lease income. The current balance held in the Saleyards reserve is noted below.

Funding source		Amount
Saleyards reserve	$	58,068

Legal /Policy

A lease of land creates a subdivision under section 7A of the Conveyancing Act 1919 when the total of the original term of the lease, together with any options of renewal, is more than five years. When the lease affects part of the lot or lots in a current plan – it is necessary to define the land in the lease and the residue of any lot in a current plan affected by the leased area. The plan must:

· be a deposited plan of subdivision;

· bear a completed subdivision certificate and

· be a survey, complying with the normal requirements for plan preparation and lodgement.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

In accordance with Council’s Management of Leases and Licenses Procedure tenure may be granted by:

· Invitations for expressions of interest.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are several strategic alignments with this proposal as detailed below:

· Revised 2017-2021- Delivery Plan Action: Support projects and opportunities that stimulate sustainable economic growth and align with the Economic Development Strategy;

· Operational Plan 2019-2020- Activity: Leverage economic growth from infrastructure, innovation and commercial investments in the region;

· Operational Plan 2019-2020- Activity: Develop asset rationalisation plan and commence actions to dispose, upgrade or renew buildings;

· Revised 2017-2021- Delivery Plan Action: Lead an organisational and community review of asset provision and implement the best and most affordable model for the future;

· Operational Plan 2019-2020- Activity: Review of all Council Strategies to ensure they are relevant and achievable.

In addition, as outlined in Council’s 2019/2020 budget, Council continues to assess, re-measure and refine its asset renewal and maintenance costs enabling it to meet its sustainability ratios. This creates a platform for Council to continue to deliver its community service obligations through the most effective and efficient use of its assets now and into the future.

Economic

The Bega Saleyards is in the top 20 cattle throughput saleyards in NSW (2017-18) and is a vital infrastructure facility that enables transparent transaction of livestock on behalf of livestock producers in the South East of NSW and to a number of buyers and sellers in Victoria. The saleyards play a vital role to the agribusiness industry by enabling transparent price discovery, presenting significant lines of stock in a central location and enabling smaller lots to be combined into larger lots for transport efficiency.

Risk

There are no adverse risks in allowing the Saleyards facility to be occupied if the use is authorised by way of a formal tenure arrangement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. Diagram of proposed 2 lot subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502

Council 29 April 2020

Item 11.3

11.3. Proposal from Pambula Merimbula Golf Club Limited

A formal request has been received from Pambula Merimbula Golf Club Limited for Council’s consideration to the transfer of ownership or long-term tenure of Council owned, operational land the Golf Club currently leases located at Arthur Kaine Drive, Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of twenty (20) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3. That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Executive Summary

Pambula Merimbula Golf Club Limited (PMGC) has requested the consideration, by Council, for the divestment or long-term tenure of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula which they currently hold under an exclusive lease agreement.

Background

Council resolved at its Ordinary Meeting of 8 May 2019, when considering PMGC’s proposed extension of tenure over Lot 102 DP 1201186 at Arthur Kaine Drive in Merimbula, as follows:

1. That Council receive and note the report.

2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3. That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Following the Resolution of Council, a formal lease was entered into for a period of five (5) years commencing on 19 November 2019 and expiring on 18 November 2023.

Council officers have now received a formal proposal from PMGC seeking Council’s consideration to the divestment or long-term tenure of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula to enable them with security for their planning, investment and operation.

Council officers have considered the proposal and are of the view that the parcel of land should remain in Council ownership for the following reasons:

· The parcel of land forms a key part of the operational requirements for the Merimbula Airport and is located directly to the south of the runway under the flight path;

· The parcel of land forms part of the Obstacle Limitation Surface (OLS) and is crucial to the future ongoing Airport operations;

· The parcel of land serves as a good buffer zone to mitigate noise and other operational impacts for any future development of the Airport;

· The parcel of land has been leased to PMGC since 1986 for golf course purposes with the lease agreement containing appropriate clauses to enable Council to amend if the Civil Aviation Safety Authority (CASA) implements changes to the runway extension of the buffer zones for the Merimbula Airport;

· As detailed in the report to Council’s Ordinary Meeting of 8 May 2019 the current lease returns $5,580 plus GST in rental income annually;

· Under the terms of the existing lease agreement PMGC maintain the vegetation in accordance with the OLS so the land parcel does not cost Council to maintain;

· Council and the Merimbula Airport operators have a good relationship with the PMGC green keepers who understand the OLS requirements and work with Council to manage the vegetation; and

· Council resolved at its Ordinary Meeting of 13 March 2019, when considering the proposed divestment of Lot 102 DP 1201186 at Arthur Kaine Drive in Merimbula for the land to remain in Council ownership for Council’s future requirements.

A copy of the reports to Council’s Ordinary Meetings of 13 March 2019 and 8 May 2019 are attached for the information of Councillors.

Options

The options available to Council are:

1. Retain ownership of the land parcel and approve a further twenty (20) year lease to PMGC for their continued occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula; or

2. Divest of the land parcel to PMGC for current market value as determined by an independent valuer, with the proceeds from the sale to be reinvested into other property projects identified by Council; or

3. Retain ownership of the land parcel and continue with the current lease arrangement which does not expire until 18 November 2023.

4. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Council officers have met with members of PMGC to discuss the proposal and have advised those representatives that it is Council officers view that the land be retained for the above-mentioned reasons.

Council officers are supportive of granting long-term tenure over the land parcel for PMGC’s continued use as a golf course to enable them with the security of tenure they require.

Financial and resource considerations

As detailed in the report to Council’s Ordinary Meetings of 8 May 2019 an updated market rental assessment was commissioned by Council in February 2019 which indicates a starting rental figure in the order of $5,580 plus GST per annum, to be increased annually by CPI (All Groups –Sydney). In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

Liaison with external legal representatives will be required to arrange the new Lease Agreement documentation. Ongoing management of the Lease Agreement during the term will also require Council officer resources.

Legal /Policy

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Under the Local Government Act 1993 (NSW), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. Section 377(1)(h) of the Local Government Act 1993 (NSW) requires a specific Resolution of Council to dispose of any land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula to be occupied by the current tenant for a further term if the use is authorised by way of a formal Lease Agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 . Proposal from Pambula Merimbula Golf Club Limited regarding Lot 102 DP 1201186 Arthur Kaine Drive, Merimbula (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals.

2 ⇩. Council report dated 13 March 2019 - Land Divestment Options - Lot 102 DP 1201186 Arthur Kaine Drive, Merimbula

3 ⇩. Council report dated 8 May 2019 - Lease to Pambula Merimbula Golf Club

Council 29 April 2020

Item 11.4

11.4. Staff accommodation in Bega

Council approval is being sought to enter into a formal lease agreement with the owners of 90 – 94 Gipps Street, Bega for staff accommodation purposes as outlined in this report.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council delegated authority to the General Manager to execute the necessary lease documentation for the occupation of Part Lot 146 DP 623646, being offices 1, 2, 3 and 4 at 90 – 94 Gipps Street, Bega for staff accommodation purposes.

3. That Council be responsible for payment of their own legal costs associated with negotiation of an appropriate lease and all costs associated with the fit out of the office for Council accommodation purposes.

Executive Summary

Council approval is being sought to execute a formal lease agreement for the use and occupation of 90 - 94 Gipps Street, Bega for five years, with a further five-year option, for staff accommodation purposes to meet Council’s ongoing operational requirements.

Background

Council currently provides most of its administrative functions from the Administration Building in Zingel Place, Bega. The building is now 30 years old and requires internal renovations and amendments to comply with current legal and regulatory requirements including accessibility and sustainability to bring it up to modern office standards. The building was initially designed in 1986 to accommodate 85 people and recent staff occupancy counts have at times exceeded 140 people, therefore the building is at capacity with limited opportunity for expansion.

Currently there is funding in the 2019/20 budget for the development of a long term ‘Staff Accommodation Strategy’ and a key element of this is the preparation of design work to refurbish the building. A key part of the forward planning is to identify and source temporary office accommodation space to enable any refurbishment work to take place in the Administration Building to ensure continuity of service to the public.

Additionally, because of the growth of the provision of additional Council services to the community Council has occupied several leased premises in Bega, one of which is 104 Gipps Street opposite the library which houses Council’s Community Connection functions.

The first lease option on 104 Gipps Street expired on the 28 February 2020 and Council officers have been looking at options available for the Community Connection function as the building does not currently provide adequate accommodation for the expansion and delivery of these services to the community. Council officers have been advised that a further lease extension until 30 June 2020 with an option to extend for a further 12 months until 30 June 2021 has been approved for the ongoing occupation of 104 Gipps Street, Bega. The extension is subject to a rental increase from $680 per week plus outgoings to $774 per week plus outgoings.

In the wake of the recent bushfire event in the Bega Valley, Council has also stood up a dedicated team for the Recovery, Rebuilding and Resilience Program which will oversee the bushfire recovery program including the rebuilding of infrastructure and the development and implementation of strategies for building greater community resilience. This program requires office space and a suitable shopfront to service the community through the recovery phase.

Council officers have been investigating suitable office accommodation for rent within the Bega CBD to house the Community Connection team, elements of the Recovery, Rebuilding and Resilience program, and space to provide temporary staff overflow accommodation while the refurbishment works at Zingel Place are carried out.

A suitable office space has been identified at 90 - 94 Gipps Street, Bega (old Central Hotel building). The space provides approximately 700sqm of usable office space and a range of office accommodation options on the ground and first floor, which are suitable for the delivery of Council’s services to the community. The advantages of the space include accessible access via lift from basement parking, fully accessible amenities, a shopfront presence, the ability to fit out to suit specific Council service requirements and it is large enough to house all the required services in a single tenancy. A draft lease has been provided by the owner of the building (Attachment 1).

Several external community organisations have also shown an interest in co-location of 90 – 94 Gipps Street, Bega. Council officers have negotiated with the landlord that a condition of any lease arrangement would be that Council is able to sub-lease space within the building. Currently Council makes a financial contribution to South East Arts, and it is suggested that in lieu of the contribution, Council provide the organisation with suitable office accommodation within the building.

As shown on the building layout (Attachment 2), there may be further additional space within the building that Council could sub-lease to community organisations.

Options

There are several options available to Council:

1. Delegate authority to the General Manager to execute the necessary lease documentation to formalise a lease for 90 - 94 Gipps Street, Bega for five years with a further five-year option and undertake the necessary fit out work to relocate staff into a single tenancy which has operational and service delivery benefits.

2. Council officers continue to source alternative office accommodation in the Bega CBD, noting the limited supply of office space in Bega may mean Council services are split over several facilities.

3. Maintain the status quo and continue to operate at capacity from the Administration Building in Zingel Place, seek a lease extension at 104 Gipps Street, Bega, and identify an alternative solution for temporary office accommodation.

Community Engagement

Consultation undertaken

Council officers have consulted with local Real Estate Agents to discuss suitable office accommodation options for rent within the Bega CBD area and have carried out several inspections. 90 – 94 Gipps Street, Bega is the most suitable space as it addresses Council’s abovementioned requirements.

Consultation Planned

Liaison with external legal representatives will be required to arrange the lease documentation. Ongoing management of the lease agreement during the term will also require Council officer resources.

Financial and resource considerations

The funding for the cost of the office fit out, lease and outgoings at 90-94 Gipps Street, Bega will be sourced from a range of funding streams including existing grants, self-funding business units and sub-leasing, with the balance from Council’s General Fund. There is potential for revenue from further sub-leasing, which has not yet been quantified.

Annual Funding Source		Amount
Community Connections grant-funded programs	$	40,000
South East Arts - Council General Fund	$	10,000
Bushfire Recovery Support Service – Grant (2-year term)	$	45,000
ANNUAL TOTAL EXISTING FUNDING	$	95,000
Additional Annual General Fund Contribution	$	30,100
ANNUAL TOTAL RENT AND ESTIMATED OUTGOINGS	$	125,100
ONE OFF FITOUT COSTS
Fit out Costs - HACC Reserve	$	90,000

As detailed in Attachment 1, the annual rental for the space will be $113,100 payable by monthly instalments of $9,425 plus a share of the outgoings which includes rates and charges, water, sewerage and drainage charges, land tax, public liability and building insurance, fire protection, lift maintenance, cleaning and maintenance of the external building and carpark. Council’s share of annual outgoings is estimated to be $12,000.

Legal /Policy

Under the provisions of the Real Property Act 1900 (NSW) a lease for a term more than three (3) years must be affected by executing a lease in the approved form and the lease must be registered, in order to pass to the tenant an enforceable leasehold estate. As is the case in most commercial lease arrangements the terms of the agreement are documented by the landlord’s solicitor and then provided by the landlord to the tenant. Council’s commercial lease lawyer has reviewed the draft lease and is preparing a response to the landlord’s lawyers. It is proposed that some amendments will be made to the draft lease reflected in Attachment 1.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Funding for staff office accommodation planning and design work has been identified in the 2019/20 budget and a lease of 90 – 94 Gipps Street, Bega will enable officers to progress necessary building renovation works to Zingel Place, when required.

Risk

There are no adverse risks in Council leasing 90 – 94 Gipps Street, Bega so long as the use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

In determining its direction, Council should consider several risks associated with this matter including but not limited to:

· Reputational risk in relation to the uncertainty of the current economic climate and the community's view on the matter;

· Financial risk in relation to the ongoing liabilities related to building management;

· Risk in relation to Council’s ongoing use and occupation of 104 Gipps Street, Bega.

These risks are inherent in the project but can be mitigated by making timely decisions

Attachments

1 ⇩. Draft Lease 90 - 94 Gipps Street, Bega

2 ⇩. Proposed Layout for 90-94 Gipps St - Lease

Council 29 April 2020

Item 11.5

11.5. Proposed divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui

A formal request has been received for the purchase of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve the divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui to the offeree [insert name], for the amount as offered.

3. That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

4. That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

5. That the offeree be advised of Council’s decision.

Executive Summary

A formal offer to purchase Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui has been received and Council’s consideration is requested to progress with divestment of the land parcel. The request is in line with Council’s identified Land Divestment Strategy, with divestment removing this financial liability from Council.

Background

Council resolved, at its Ordinary Meeting of 13 March 2019, when considering its position on the proposed divestment of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui as follows:

1. That Council receive and note the report and attached Vacant Land Review sheet including detail on individual land parcels that this report relates to.

2. That Council appoint a registered Valuer by competitive quotation process to provide Bega Valley Shire Council with a formal market valuation for Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui.

3. That Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Bega Valley Shire Council’s interests in divesting Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui by public auction, private treaty or expression of interest.

4. That Council delegate authority to the General Manager to enter into a suitable Agency Agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of the above-mentioned land parcels.

5. That all offers be brought back to Councillors for final Resolution.

Following the Resolution of Council, a competitive quotation process to engage IPN Valuers was undertaken and formal market valuations were obtained which are attached for the information of Councillors.

The land parcel is currently zoned SP2 – Special Infrastructure. Under the Bega Valley Local Environmental Plan 2013 there is no minimum lot size for subdivision in the SP2 zone, therefore an application to subdivide the land would be assessed on its merit. Council officers requested IPN Valuers to provide a value based on the parcel being subdivided into two lots of equal size and re-zoned to R2 - Low Density Residential which is what the adjoining land parcels are zoned. Given the process to subdivide and re-zone land parcels can be challenging and time consuming prior to exploring this option further and progressing a competitive quotation process to engage a suitably qualified Real Estate Agent to represent Council’s interests in divesting of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui, officers wrote to all existing lessees seeking their interest in a direct negotiation for the purchase of the site to maximise any financial return to Council.

As outlined in the detail provided to Council at its Ordinary Meeting of 13 March 2019 there are several telecommunication leases in place on the decommissioned reservoir site which do not expire until January 2023. The offeree has advised that it is their intention to continue with the current relationships on the site, so any transfer would be subject to the continuation of these formal lease agreements until the end of their term.

The offeree has provided Council with a formal market valuation which is the basis of their offer. A copy of that formal valuation is attached for the information of Councillors.

Options

The options available to Council are:

1. Proceed with disposal of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui for the value as offered and resolve accordingly.

2. Decline to accept the offer received and advise the offeree of Council’s decision and await further offers.

3. Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui.

4. Retain ownership of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui and continue with the current lease arrangements which does not expire until January 2023.

Community Engagement

Consultation undertaken

Council resolved at its Ordinary Meeting of 13 March 2019 to approve a request for quotation (RFQ) process to sell Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui. Prior to conducting the RFQ process Council officers formally wrote to the lessees at the site seeking their interest in a direct negotiation for the sale of Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui. All lessees were given until 27 March 2020 to respond and to date only the one offer has been received.

Consultation Planned

Council officers will continue to consult with the offeree and legal representatives to action the Resolution of Council.

Financial and resource considerations

To maximise the economic value of each land parcel to Council engaging a qualified Real Estate Agent is not considered to be the best way forward in all cases as any Agent charges fees on a sale which Council may be able to directly negotiate without their expertise.

All options above will have additional financial and resource implications. A sale option will include additional officers' time and resources as well as the engagement of legal representatives and legal costs. Costs involved in the proposed disposal of Lot 8 Sec 13 DP 758095 will be offset against the proceeds of sale.

If Lot 8 Sec 13 DP 758095 is retained by Council, officers will be required to manage the terms of the current lease agreement and Council’s financial liability for the land would be retained.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a matter, by Resolution of the Council. The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long-Term Financial Plan). Following the Resolution of Council, officers undertook a review of Council’s vacant operational land portfolio and Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui was identified as being suitable for divestment.

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes. Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Attachments

1 ⇩. Council report dated 13 March 2019 Land Divestment Options - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui

2 . Valuation report - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

3 . Valuation report - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui (western half only) (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

4 . Valuation report - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui (eastern half only) (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

5 . Formal offer to purchase Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

6 . Valuation report from offeree - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 29 April 2020

Item 11.6

11.6. Eden, Twofold Bay and Towamba River Flood Study Final Findings

The final report findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study are now being presented for Council’s endorsement.

Director Assets and Operations

Officer’s Recommendation

1. That Council endorse the findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning.

2. That a copy of the final endorsed Eden, Twofold Bay and Towamba River Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information.

Executive Summary

The finalised Eden, Twofold Bay and Towamba River Flood Study will form the best available flood information for the Eden, Twofold Bay and Towamba River catchments when endorsed. It will form the key technical document for the basis of any subsequent floodplain risk management study and plan. The endorsed flood study will provide Council a strategic advantage for any future application to the Department of Planning, Industry and Environment’s Floodplain Management Grant Programme. The finalised flood study findings will allow for improved emergency response, land-use and asset planning.

At its meeting on 8 April 2020 Council resolved to defer the item to allow further time for community and Councillors to review the Study document.

Background

Council engaged consulting firm Rhelm to undertake a flood study for the Eden, Twofold Bay and Towamba River catchments. The study was undertaken to update current flood mapping following flood events during 2010, 2011 and 2012, with the assistance of a grant from the then Office of Environment and Heritage (now Department of Planning, Industry and Environment) to improve floodplain risk management outcomes and emergency response planning.

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

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

The Department of Planning, Industry and Environment (DPIE) supported Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.

The final flood study report has now been completed and is ready for Council’s consideration and endorsement. This study report will provide the technical basis required for the development of any subsequent future Floodplain Risk Management Study (FRMS) and Plan (FRMP).

Options

The options before Council are to:

1. Endorse the findings and recommendations of the final Eden, Twofold Bay and Towamba River Study as interim measures and the best available flood information until such time a Floodplain Risk Management Plan for the catchment can be put in place

There are no impediments to this approach and the recommendations align with the current wording and intent of clause 6.3 (5) of Council’s current LEP

2. To wait until such time that a Floodplain Risk Management Plan is in place and the true flood hazard is determined before defining the flood planning level for the Eden, Twofold Bay and Towamba River catchments.

This approach is least preferable as the flood study contains the best available information on which decisions can be made in the interim.

Community Engagement

Community consultation regarding flood study outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Consultation undertaken

Community engagement occurred through a variety of communication channels including media releases, radio interviews, a project website, written correspondence, telephone inquiries, onsite visits with residents, project meetings, technical sub-committee meetings and floodplain risk focus group meetings.

Consultation with local residents within the catchments was completed using a community flood questionnaire during November-December 2017. Consultation of relevant State agency stakeholders also occurred during the initial consultation period. Further, consultation was completed throughout the project within the Bega Valley Shire Floodplain Risk Management Focus Group of which the community, State agency and Council are represented.

Public exhibition of the draft flood study occurred for four weeks during the period 22 November – 20 December 2019. To promote the exhibition of the draft report, letters with a community questionnaire were sent out to 476 landowners within the identified study areas and a media release prepared. Community engagement was also carried out using Social Media and 45 reactions were received to the posting of the public exhibition event. The community feedback was used to understand and validate flood behaviour within the two catchments and finalise any findings.

Two drop-in sessions with Council’s consultant and staff were arranged during the public exhibition period where 27 residents attended to raise issues and questions. Both sessions were held after normal business hours to encourage higher participation rates. During the public exhibition period, four formal written submissions were received and two telephone inquiries. All proponents were advised by written correspondence that their submission was considered in the finalisation of the study findings.

Council consideration of input

Councils consideration of the final study findings and the submissions summary are the subject of the report.

Financial and resource considerations

The flood study project was partially subsidised by a floodplain risk management programme grant of $134,259.54 from the Minister for Police and Emergency Services and administered by the NSW Office of Environment and Heritage. Floodplain risk management grants are subsidised at a rate of two government dollars per Council dollar. Council’s co-contribution was funded from Stormwater Operating Expenses.

Funding source		Amount
Stormwater operating expenses	$	67,129.77

Staff and financial resources have already been expended on delivering the Eden, Twofold Bay and Towamba River Flood Study project which will be completed within the allocated project budget. Other resources required were meeting room facilities whenever any Focus Groups and/or technical sub-committees were convened during the process of completing the flood study project.

Council’s current funding agreement term expired 1^st March 2020 and a grant variation for time will be required to complete the project prior to 31^st May 2020. Should Council choose to defer the endorsement of the report beyond this date, it will be in breach of the funding agreement terms and will be liable to repay monies to the Department of Planning, Industry and Environment (DPIE) in excess of DPIE’s liabilities at that date.

Legal /Policy

The NSW Floodplain Development Manual April 2005 has been prepared in accordance with the NSW Government’s Flood Prone Land policy. It guides Councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes. The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce public and private losses resulting from floods, utilising ecologically positive methods wherever possible. To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of Council’s, Government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the Manual.

The Manual applies to floodplains across NSW, in both urban and rural areas.

The NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans. Such plans inform planning controls such as Council’s adopted Bega Valley Local Environmental Plan (LEP) 2013 and the Bega Valley Development Control Plan 2013 (DCP).

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

Under s733 of the Local Government Act 1993, Council will generally not incur liability for advice given or things done or omitted to be done in good faith insofar as the advice or things relate to the likelihood of land being flooded. A council is taken to have acted in good faith, (unless the contrary is proved), if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles in the Manual.

Accordingly, Council needs to ensure that is has regard to a Flood Study, FRMS and/or FRMP when it is preparing planning certificates and accurately identifies if land is within a flood planning area and/or is subject to planning and development controls on the planning certificates.

Locally, the NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans which inform Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013 in relation to flood related development controls.

The endorsed FRMS and FRMP will ultimately provide Council with a contemporary Flood Study prepared in accordance with the NSW Floodplain Development Manual April 2005 enabling statutory protections in accordance with Section 733 of the NSW Local Government Act 1993.

The final flood study report findings and recommendations will provide the technical basis required for the development of any subsequent Floodplain Risk Management Study (FRMS) and Plan (FRMP) for the identified catchments. Part of the typical outcomes of a FRMS and FRMP are a review of and recommendations for a range of flood and response modification measures which will reduce flood risk. Some of the typical property modification measures arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls.

The final mix of floodplain risk management measures are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s Environmental Planning Instruments such as Council’s adopted Bega Valley Local Environmental Plan 2013 (LEP) and the Bega Valley Development Control Plan 2013 (DCP) at a later date.

Councils issue planning certificates under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that then apply to the subject land. If changes to existing, relevant, flood related planning controls, flood related development controls or flood prone land policies do arise from the FRMS and FRMP, the relevant wording for flood related clauses need to be reflected in the Section 10.7(2) and 10.7(5) planning certificates.

A number of properties that do not have these flood related planning and development controls currently exist. This may occur because they are not actually flood prone according the definitions of the NSW government’s Flood Prone Land policy or no detailed flood mapping has been undertaken in those areas. As a result of the finalised flood study findings, detailed flood mapping for the select study areas may then eventually lead to a number of these properties having flood related planning and development controls applied or a notation applied to the Section 10.7(2) and 10.7(5) certificate (previously section 149(2) and section 149(5) certificates). This may occur following the flood study or after the completion of a FRMS and FRMP.

Planning certificates contain information as to how a property can be used and what planning controls and policies apply to land that may restrict development. The fact that land is within a flood planning area and any changes to existing flood related planning controls, flood related development controls or flood prone land policies which arise from the FRMS and FRMP will need to be reflected on those certificates.

Clause 6.3 of the LEP applies to land ‘below the flood planning level’ and restricts development of that land unless Council is satisfied of certain matters. Clause 6.3(5) provides:

‘In this clause, flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.’

Council has no flood mapping as part of its LEP. Also, the LEP does not contain a clause stating a specific height or source such as a Flood Study or FRMP for the flood planning level at any given location such as the Eden, Twofold Bay and Towamba River catchments. Therefore, the definition of the 1:100 ARI, or in current nomenclature, 1% Annual Exceedance Probability (AEP), for the Eden, Twofold Bay and Towamba River catchments would now be determined from the 1% AEP event from the flood study findings. In the interim, the 1% AEP event from the flood study would inform the flood planning level as per clause 6.3 of the LEP until a FRMP was put in place.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed flood study report forms a key technical input document for the completion of a future floodplain risk management study and plan. The completed flood study allows Council to identify the existing flood risk, hydraulic and provisional hazard categories within the Eden, Twofold Bay and Towamba River catchments. The future floodplain risk management study and plan will quantify options to manage the identified flood risks and true hazards within the flood study report. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address any existing, future and continuing flood risk.

Council’s endorsement of the final study report findings and recommendations partially completes the operational plan item Identify and complete floodplain risk management projects for Outcome 5 Connected Communities, Goal 10 We have a network of good quality roads, footpaths and cycle ways connecting communities through the Shire and beyond.

Environmental / Sustainability

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

Economic

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

Risk

The finalised flood study allows Council to quantify the existing flood risk within the Eden, Twofold Bay and Towamba River catchments. The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy.

The completed flood study identifies the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within these two catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics. The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Social / Cultural

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

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

Links to Eden, Twofold Bay and Towamba river flood study reports: https://begavalley.nsw.gov.au/page.asp?f=RES-HPU-01-75-56

Maps 1-55 https://begavalley.nsw.gov.au/page.asp?f=RES-MHJ-23-07-78

Maps 55-112 https://begavalley.nsw.gov.au/page.asp?f=RES-EVT-60-54-35

Maps 113-166 https://begavalley.nsw.gov.au/page.asp?f=RES-HMI-51-45-26

Attachments

1 ⇩. ATTACHMENT - Submissions report summary for Eden, Twofold Bay and Towamba River Flood Study final findings

Council 29 April 2020

Item 12.2

12.2. Council Meeting Dates 2020 - 2021

Under Section 9 of the Local Government Act 1993 the Council is required to publicise when it will hold its meetings. Postponement of the 2020 Local Government Elections until 2021 now requires Council to determine dates until the election date.

General Manager

Officers Recommendation

1. That Council note the report

2. That Council adopt the revised meeting days for the remainder of 2020 and proposed meeting days for 2021.

Background

Council resolved in September 2018 and October 2019 to set its meeting dates until September 2020.

The Minister for Local Government has announced postponement of the 2020 Local Government Elections due to the COVID-19 restrictions.

A date for the elections is yet to be set but it is anticipated this will be in September 2021.

Where the Minister exercises the power to postpone elections under section 318B, the election requirements of the Act are suspended for the period specified in the order and current councillors will continue to hold their civic offices.

In the case of mayors elected by councillors, mayoral elections will need to be held for mayors elected in September 2018 when their two year-terms expire. Bega Valley Shire Council’s current Mayoral and Deputy Mayoral terms are due to expire in September 2020

Council is required to now set its meeting dates for the period until September 2021 and to schedule a meeting for the Election of Mayor and Deputy Mayor.

Council is required to hold at least ten meetings per year under the Local Government Act 1993.

It is proposed no meetings be held during the months of January and July in line with past resolutions and the meetings continue to be held at 2.00 pm every third Wednesday allowing for slight changes to accommodate public holidays.

The proposed dates outlined below would allow for sixteen meetings in 2020 and ten in 2021 prior to the Council elections.

The first Ordinary Council meeting for the newly elected Council has been tentatively set for 22 September 2021. This will be dependent on the date of declaration of the polls. Dates for the Council meetings for the rest of the 2021 year will be set at the first Council Meeting of the new Council.

The currently resolved meeting dates for the remainder of 2020 are:

Meeting Date 2020	Meeting Type	Comments
Wednesday, 20 May 2020	Ordinary
Wednesday, 10 June 2020	Ordinary
Wednesday, 24 June 2020	Ordinary	Adoption of budget
No meetings in July
Wednesday, 5 August 2020	Ordinary
Wednesday, 26 August 2020 NB Last meeting prior to 2020 Council Elections	Ordinary
Wednesday, 23 September 2020	Ordinary - Post election governance meeting.
Wednesday, 7 October 2020	Ordinary

The proposed changed meeting dates for the remainder of 2020 are:

Meeting Date 2020	Meeting Type	Comments
Wednesday, 20 May 2020	Ordinary
Wednesday, 10 June 2020	Ordinary
Wednesday, 24 June 2020	Ordinary	Adoption of budget
No Meetings in July
Wednesday, 5 August 2020	Ordinary
Wednesday, 26 August 2020	Ordinary
Wednesday, 16 September 2020	Ordinary	Mayor and Deputy Mayor Election
Wednesday, 7 October 2020	Ordinary
Wednesday, 28 October 2020	Ordinary
Wednesday, 11 November 2020	Ordinary
Wednesday, 25 November 2020	Ordinary
Wednesday, 16 December 2020	Ordinary	Last Meeting 2020

The proposed meeting dates for of 2021 are:

Meeting Date 2021	Meeting Type	Comments
Wednesday, 27 January 2021	Ordinary
Wednesday, 17 February 2021	Ordinary
Wednesday, 10 March 2021	Ordinary
Wednesday, 31 March 2021	Ordinary
Wednesday, 21 April 2021	Ordinary
Wednesday, 12 May 2021	Ordinary
Wednesday, 2 June 2021	Ordinary
Wednesday, 23 June 2021	Ordinary
Wednesday, 30 June 2021	Ordinary	Adoption of Budget
July – no Council Meetings
Wednesday, 4 August 2021	Ordinary
Caretaker Period
22 September 2021	Tentative 1^st Council meeting new Council

Attachments

Nil

Council 29 April 2020

Item 13.1

13.1. COVID-19 Pandemic Economic Impact - Financial Assistance Considerations

This report provides that Council consider options available through revenue management to provide economic relief to support those impacted by the COVID-19 pandemic.

General Manager

Officer’s Recommendation

1. That Council:

a) acknowledge the impacts of the current pandemic community safety measures supporting and impacting our community due to COVID-19

b) encourages everyone to buy local and to continue to support local business wherever possible; and

c) supports the community by buying goods and services for Council from local businesses where possible.

2. That Council adopt procedure 6.06.1(a) Financial Hardship Assistance – Disaster/Pandemic.

3. That for the period April 2020 to June 2021 Council resolves to:

a) suspend new debt recovery actions for outstanding accounts where financial hardship is evident;

b) support ratepayers to establish payment plans; and

b) remove account keeping fees, interest on overdue amounts, late and reminder fees.

4. That Council resolves to delay issuing rates notices to ratepayers until 1 September 2020, and the collection of the first quarter rates instalment until 30 September 2020.

5. That for tenants, of Council owned and managed facilities, that have Federal JobKeeper eligibility or are a local not-for-profit community organisation, Council resolve:

a) to delegate to the General Manager the ability to negotiate and implement deferrals of rental payments for up to one year (April 2020 to April 2021) for organisations who can demonstrate hardship linked to either the recent bushfires or the COVID-19 pandemic;

b) to freeze rental increases while the National Cabinet Code of Conduct applies to businesses eligible for the JobKeeper program; and

c) to establish payment arrangements be made available for a period of 24 months (April 2020 to April 2022) with no interest applied;

6. That Council waive lease and licences fees for use of Council owned and managed land and buildings as detailed in the report to Council of 29 April 2020 for a period of six months being the second half of the 2019/20 financial year, consistent with the report to Council on 5 February 2020.

7. That Council delay lease fees payable by Connections Plus Australia for the use of the former manager’s residence at Tura Beach for a period of six months following receipt of an occupation certificate with lease payments to commence no later than 1 July 2021.

8. That Council waive FY2021 fees for Food Premises, Skin Penetration Premises and Beauty Therapist Premises.

9. That Council support families to continue to access Council-operated childcare until 30 June 2020 at no cost. This service will be funded from Federal and NSW Government contributions, with any shortfall met from Council’s Children’s Services Reserve.

10. That Council recognise the evolving nature of directives from Federal and State Governments relating to COVID-19 including those related to children’s services beyond 30 June 2020 and note that staff will bring back a report to assess situations if and when required.

11. Receive and note the Office of Local Government issued Circular 20-12 “Modification of statutory requirements in response to the COVID-19 pandemic” and the amendment to statutory deadlines in place for the following six months.

Executive Summary

Council recognises the pressure and uncertainty our community is experiencing with the changes to how we operate in this COVID-19 pandemic response following on top of extended drought, the Black Summer Fires and recent flooding.

In the COVID-19 response there is a whole of Government commitment enabling local businesses to continue providing vital services to our communities and importantly helping them stay in business. There is ongoing advocacy for financial assistance and economic stimulus to help councils maintain services, employment and to support local economies.

This report provides options available to provide financial relief to our community through revenue management, both in the 2020 financial year and 2021 financial year.

Background

This report provides Council with an opportunity to consider financial relief in the following areas:

· Rates

· Fees and Charges

· Lease and licences fees paid to Council for use of Council owned and managed land and buildings; and

· Children’s Services.

Community Engagement

Council consideration of input

At the Ordinary Meeting held on 8 April 2020, Council resolved that “a report be provided outlining potential opportunities that Council could consider in relation to support for the community in regard to the COVID-19 pandemic”.

Council is receiving daily communication through our Customer Service, Property, Revenue and Records teams seeking details for financial support to the community. The purpose of this report is to provide a consistent and fair approach that gives consideration to the economic stimulus packages being offered through Federal and State government.

Financial and resource considerations

Rates, Fees and Charges

Current Year (FY2020)

The following options were considered for supporting the community through rates, fees and charges:

· Council could waive interest charges on all rates, charges and user fees | Estimated lost income $152,000 in interest on overdue rates and charges ($60,000 General, $18,000 Waste, $33,000 Water, $41,000 Sewer). $10,000 in interest on overdue debtors

· Maintain the adopted FY2020 Fees and Charges over the FY2021 ie. no increase

· Amending Council’s ‘Financial Hardship Assistance Policy’ to apply to non-residential properties or developing a new Financial Hardship Assistance – Disaster/Pandemic. ;

· Suspend new debt recovery actions for outstanding accounts where financial hardship is evident;

· Removing account keeping fees, late and reminder fees.

On 5 February 2020 Council resolved to provide waivers and rebates for various fees and charges to residents impacted by the 2019/2020 bushfires. The estimated financial impacts in the 2020 financial year are waivers of $300,000 in water charges and $40,000 in rent relief. Staff are unable to quantify the details for development application fees due to the unknown timing of when Council would receive the expected income.

It is noted that Council is still required to provide instalment notices quarterly and debtor statements monthly and the deferral of rates and charges could have a cash flow impact that we would need to model.

Staff strongly recommend that Council’s approach is to encourage ratepayers and debtors to enter payment arrangements to prevent cumulative future financial stress.

Next Financial Year (FY2021)

· Council could consider, at the time of placing the draft 2020/21 plans on public exhibition, continuing the freeze on interest for a further 6-12 months.

· Rates and rate peg – This is the key income stream for the provision of services and infrastructure for the General Fund. The Office of Local Government very strongly advise against Councils not taking up rate peg increases due to the cumulative impact on income for the General Fund. Council should be careful in any consideration of raising rates by less than the announced rate peg of 2.6%. If Council was to reduce the increase by 1% this would mean a reduction in income of $243,000 for one year. The ten-year impact of this decision would be $2.7 million lost income. If the reduction was the entire 2.6% this would be $7.2 million. impact

It is recommended that Council considers a formal policy approach to the waiving of fees and charges for FY2021 which can be considered and endorsed during the Operational Plan, budget and revenue policy process which will be reported to Council in May.

Leases and licences for use of Council land/facilities

The following options were considered for supporting Council’s lessee and licensees:

· Deferral of all rent payments to Council for 12 months (April 2020 to April 2021) | Estimated Rental Value $573,000

· Rental increases to apply (1.6% increase) | Estimated rental increase value $9,168

· No rental increases to apply

· Payment terms be made available for the following 12 months (April 2021 to April 2022) with no interest applied

Or:

· Waive rental payments for a total of 6 months for all tenants as a result of COVID | Estimated lost revenue $287,000

· COVID rent relief recommendation to extend relief already provided to bushfire affected tenants from Sep 2020 to April 2021 | Estimated lost revenue $47,000

Council could also apply the Federal Code of Conduct for Commercial Tenancies principles and provide relief only to those businesses that are eligible for the JobKeeper Program. Further investigations would be required to determine the impact from this approach. A benefit of this approach would mean that Council would not be obligated to provide rent relief to all tenants, for example telecommunication lease holders.

There are several Council lease and licences in place for the occupation and use of Council owned and managed land and facilities which have not been impacted by bushfires or the COVID-19 pandemic including telecommunication agreements, agreements for access, storage encroachments etc. A further consideration is the lease and licence holders that can still operate but with restrictions.

At Council’s Ordinary Meeting of 5 February 2020, Council resolved to grant rent relief to tenants affected by bushfires for a period of six months being the second half of the 2019/20 financial year. This had a financial impact on Council of $39,650.46 in lost revenue. Council officers have further considered lease and licence holders who have been impacted by the bushfires and now COVID-19, and suggest a 6-month waiver of rental payments for the following lease and licence holders:

Lease/Licence	Rent waiver – 6 months
Merimbula Tennis Club	$436.88
Merimbula Imlay Historical Society	$270.02
Bermagui Historical Society	$1,247.82
Eden Killer Whale Museum	$1,843.66
Bermagui Area Chamber of Commerce & Tourism	$273.90
Pig & Whistle Fleet Club Inc	$273.90
Eden Community Access Centre Inc	$671.67
Bega Valley Bridge Club	$1,145.97
Wyndham Men's Shed	$273.90
Bega Valley Genealogy Society	$273.79
Far South Coast Landcare Association	$273.90
Bemboka Sports Social & Recreation Club Inc	$273.90
Bermagui Mens Shed Inc	$273.90
Eden Tourism Incorporated	$273.90
Girl Guides Assoc of NSW & Scouts Australia NSW	$269.25
Bega & District Woodcraft Association	$273.90
Total rental waiver	$8,350.25

A further consideration for the option to include estimated CPI rental increases is the impact of independent valuations and market conditions on our rental revenue. Currently Council has instances where rent has decreased as a result of a decline through recent valuations.

Any impact on revenue from leases and licences affects Council’s property reserve and reduces the amount of investment that can be put back in to Council’s building assets.

Health Premise Fees

Council currently charges fees for regulation of food and other health premises, such as tattooists and beauty therapists, that are financially affected by the COVID-19 pandemic. Revenue from health premises regulation is around $120,000 per annum.

While some of these businesses are closed, many (mainly food premises) continue to operate. In these circumstances, Council inspections continue to be undertaken and associated labour costs incurred to ensure compliance with relevant hygiene standards.

Children’s Services

Council’s Children’s Services are funded by a mix of fees, subsidies and grant funding. They include Long Day Care (LDC) and After School Care (ASC) which are Federally funded and Preschool services which are State funded.

Earlier this year, Children’s Services received a one-off ‘Bushfire Relief Funding’ grant of $30,000 planned to be used in a range of ways across all services. In March 2020, due to the urgent need to provide financial relief to families in response to COVID-19 impacts, $22,444 of this funding was reprioritised to one-off fee relief for families (consistent with funding guidelines) from the 23March 2020-5April 2020.

On 2 April 2020 the Australian Government advised that no fees are to be charged for LDC and ASC from 6 April to 30 June 2020. Subsidies would be replaced with a weekly payment amounting to 50 per cent of a service’s usual fee revenue. While this was initially calculated using a census week in February 2020, the Australian Department of Education has advised that it will consider claims for additional funds where this does not adequately reflect 50 per cent of a services usual fee revenue.

On 9 April 2020, NSW Premier Gladys Berejiklian announced up to $82 million to support 260 council childcare centres, enabling preschool services to be provided free for up to six months (Term Two and Term Three). The NSW Government also announced it will cover the remaining 50 per cent of operational costs for Long Dare Care and After School Care.

The combined funding relief packages from State and Federal Government will now allow Council to deliver our vital childcare services to June 2020 with income close to ‘pre-COVID’ levels. At this stage, there appears to be a strong commitment from both levels of government to ensure Children’s Services remain operational, and it is reasonable to assume that fee relief for LDC and ASC will continue if required. However, at this stage no formal commitments regarding ASC and LDC have been made beyond 30 June 2020.

The anticipated revenue from fees and government subsidies for Children’s Services in the 2021 financial year is $2,216,471, being $1,946,091 from LDC and ASC and $270,380 for Preschool services. These figures are based on high levels of attendance and will need to be matched to ensure service viability.

With a lack of detail available on funding past June 2020, it is impossible to determine the full impact of COVID-19 on Children’s Services. Staff will continue to monitor impacts and liaise with the NSW Department of Education and the Australian Government’s Department of Education, Skills and Employment with a view to ensuring all operational costs are met to maintain the viability of services, support the retention of the workforce and provide relief in cost of living pressures to NSW families. Further details will be provided to Council as they become available.

Commercial Developments

At its Ordinary Meeting of 10 April 2019, Council considered the results of the Expression of Interest process carried out for the use of the former manager’s residence at Tura Beach and resolved as follows:

1. That Council receive and note this report and Confidential Report attached.

2. That Council note the Expression of Interest (EOI) process for the use of the former manager’s residence at Tura Beach has now closed.

3. That Council award the tender to Connections Plus Australia as detailed in their EOI submission.

4. That Council authorise the General Manager and Mayor to enter into negotiations with U3A, as an important provider of community services, should the successful applicant decide not to accept Council’s conditions in relation to lease responsibilities, and also in relationship to potential alternative sites.

Following the resolution of Council, Connections Plus Australia progressed a Development Application for the change of use from dwelling to community facility, shop top housing and wall sign (ancillary) with development consent issued on 20 November 2019. Connections Plus Australia have since engaged a builder to commence works on the building with a significant investment of approximately $200k in the Council facility. Given the current economic climate and the significant investment required to bring the building up to a useable standard, Council approval is sought to delay all rental payments as detailed in the report to Council of 10 April 2019 until 6 months after issue of the occupation certificate.

Financial and resourcing

The below table demonstrates the financial impact of the recommendations of this report.

Funding source		Estimated reduction in revenue amount
Rates	$	152,000
Fees and Charges	$	130,000
Licences and Leases Waiver	$	8,400
Children’s Services	$	0
Estimated Total Lost Revenue	$	290,400

A number of the items will be reflected in the draft 2020/21 operational plan and budget currently being updated by staff for briefing with Councillors prior to placing it on public exhibition. For example, a decision to waive health premises regulation fees would result in $120,000 loss in revenue for the full year.

Legal /Policy

Rates

Following a request to delay the issuing of first quarter rates instalment notices in July 2020 and delaying to October 2020 was not supported. The advice received clarified the Local Government Act requires that annual rates and charges may be paid in a single instalment or by quarterly instalments and that councils must send reminder notices on or before 31 October, 31 January and 30 April so the option about sending out three notices is not available.

This report seeks to implement existing measures that councils can use to assist ratepayers by entering into agreements for the periodical payment of rates and charges with a ratepayer, including the ability to write off or reduce any interest where the ratepayer complies with the agreement. We recommend that Council continues to encourage ratepayers to make regular smaller repayments to prevent their debt from becoming unmanageable.

In addition, we are able to exercise discretion in how we undertake our debt recovery processes. This report recommends that Council temporarily ceases formal debt recovery actions for the period April 2020 to June 2021.

Commercial Tenancies

On 7 April 2020, following a meeting of National Cabinet, Prime Minister Scott Morrison issued a media statement which included the announcement of a mandatory Code of Conduct (the Code) for commercial tenancies which would be introduced by each state and territory. The Code applies to tenancies defined by eligibility for the Commonwealth Government’s JobKeeper program (an annual turnover of up to $50M).

The Rent Relief Policy includes a mutual obligation on the small and medium sized enterprises and not-for-profit tenants to continue to engage their employees through the JobKeeper initiative where eligible, and if applicable provide rent relief to their subtenants. The good faith principles should have fair regard to the size and financial structure of the businesses and give rise to proportional solutions.

Part of the NSW COVID-19 stage two package includes deferral of rents for six months for commercial tenants with less than 20 employees in all [NSW] Government-owned properties. This report recommends that Council considers applying the same rental support. It is noted that NSW Government has not yet passed legislation to formally introduce the Code.

Local Government (General) Regulation 2005 Amendments

On 17 April 2020, the Office of Local Government issued Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic. This circular contained the following advice:

Regulations have been made under section 747B of the Local Government Act 1993 to temporarily modify the application of the Act in response to the COVID-19 pandemic. The regulations made under section 747B modify the Act as follows:

• Councils have been provided with a one-month extension:

o to adopt their 2020-21 Operational Plan (including Revenue Policy, Statement of Fees and Charges and annual budget) before 31 July 2020;

o o to submit audited financial reports by 30 November 2020; and

o o for the preparation and publishing of annual reports by 31 December 2020.

• Councils have the option to delay issuing rates notices to ratepayers until 1 September 2020, and the collection of the first quarter rates instalment until 30 September 2020.

• Councils may immediately waive or reduce fees under a new “COVID-19” category.

• The requirement for councils to make certain documents available for physical inspection at their offices has been modified to allow access to the documents to be provided remotely.

• In addition to these temporary measures, in response to the closure of some local newspapers and to assist councils to reduce their costs, the Local Government (General) Regulation 2005 (the Regulation) has been amended to remove requirements for newspaper advertising. This amendment is not temporary and will continue to apply after the COVID-19 pandemic passes.

To provide NSW councils with flexibility to adjust to the rapidly shifting circumstances and to allow them to provide appropriate financial support to their local communities, a number of statutory deadlines for 2019-20 and 2020-21 have been modified. These are set out in the table below:

Section of LG Act	Prior deadline	New deadline
Submission of audited Financial Reports – 416(1)	31 October 2020	30 November 2020
Preparation and publish of Annual Reports – 428(1)	30 November 2020	31 December 2020
Adoption of Operational Plan - 405(1)	By 1 July 2020	By 1 August 2020
Making of a rate or charge - 533	By 1 August 2020	By 1 September 2020
Date by which quarterly rates are payable - 562(3)(a)	31 August 2020	30 September 2020
Quarterly review statements (QBRS) - Cl 203(1) of Regulation	The third quarter 2019-20 QBRS (currently due May 2020)	Third quarter QBRS - June 2020. All future QBRS remain due as per Regulation.

The circular has been attached to this report for information.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

2: Employment and Learning Opportunities

2.4: We have meaningful employment and learning opportunities for people in all stages in life

6: Strong, Consultative Leadership

6.12: Our Council is financially sustainable, and services and facilities meet community need

6.11 - We are an informed and engaged community with a transparent, consultative and responsive Council

Environmental / Sustainability

The purpose of this report is to contribute to acknowledge and contribute to a way that provides some relief to acknowledge the financial hardship being experienced by our community.

Sustainability is a core principle to decision making; this report seeks to provide a balanced approach to assist our communities in recovering from the culmination of multiple devastating environmental, social and economic impacts. The scope of the recommendations spans across two financial years, but financial impacts must be included in our 10 year Long Term Financial Plan and associated resourcing strategies (primarily workforce and assets).

Economic

Financial impacts on Council include loss of interest, an increased risk of bad debts and a negative impact on cashflow in this and the next financial years.

Waving of rates, fees charges and commercial tenancy agreements, sees Bega Valley Shire Council taking a financial loss to contribute to building resilience within our local economy.

Risk

Council has received enquiries from numerous Council owned lessee’s and licensee’s over the past fortnight to provide rental relief during this time. If no rent assistance is provided there may be an increased result in property vacancies within the Bega Valley. The recommendation will minimise this risk and provide certainty to tenants as to the expected rental expenses over the coming 12 months and an option to make payments over a two year period.

This is a rapidly changing environment. Council will continue to play an advocacy role for both our organisation and the community to ensure that our recovery plans minimise the impacts of COVID-19 and maximise support available.

Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic contains the following notable statement:

“In exercising discretion to extend the making of a rate or charge under section 533 or the collection of rates under 562(3)(a) of the Act, each Council must consider both the financial circumstances of local ratepayers and the potential impact such actions would have on the general cashflow of Council.”

Social / Cultural

This report will see council extend assistance across a wide range of community members through financial relief and continuation of our valuable services at this difficult time.

We acknowledge that some local businesses are likely to cease trading as a result of this crisis and governments at all levels are providing a range of support packages.

This report will provide policy direction to enable us to respond quickly to our customers in many ways such as our management of commercial tenancies and providing needed stability to our younger generations through continued preschool services, in turn assisting parents who are working in front-line essential services. We ourselves are continuing to provide critical services on the ground; and adapting our work practices to support different ways of delivering core functions.

Attachments

1 ⇩. National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles

2 ⇩. Council Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic

3 ⇩. DRAFT Procedure 6.06.1(a) Financial Hardship Assistance - Disaster Pandemic

Council 29 April 2020

Item 13.4

13.4. Certificate of Investment - March

This report details Council’s Investments at the end of March 2020.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2020.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the Act), clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

All investments have been appropriately recorded in Council’s financial records and reconciled monthly.

Background

Under the Legislation and Regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal Policy and external Regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $80,018,099 at 31 March 2020. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	January 2020	February 2020	March 2020
General Fund	17,663	15,086	15,026
Water Fund	22,549	22,487	23,151
Sewer Fund	40,166	42,882	41,841
TOTAL	80,378	80,455	80,018

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

As at 31 March 2020, BVSC’s available cash balance was $2,027,415 and the investment balance was $80,018,099. The investments are broken up as follows:

· TCorpIM Cash Fund - $32,224,843

· TCorpIM Strategic Cash Fund – $47,793,256

With respect to the Fund’s monthly distributions, the custodian calculates the Fund’s earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

Legal /Policy

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

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

The report must also include a Certificate as to whether the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates Environmental, Social and Governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

On 25 March 2020 we were invited to participate in a conference call with TCorp to discuss the impact of the current environment on our investments. The following was provided:

We are living in extraordinary COVID-19 times and this is being reflected in sharp movements in markets and extraordinary fiscal stimulus by governments around the world … Topics covered:

● The extraordinary events in the markets that we’re currently experiencing

● An overview of the current economic landscape

● How fixed income and credit markets are responding to this pressure

● What you should expect from the TCorpIM Cash and Short Term Income Funds in a zero to low interest rate environment.

Observations noted during the teleconference:

· Clear industries with direct impacts due to the Coronavirus and oil price war include hospitality and travel. Retail, trade and travel closures, airport investments. Indirectly there are significant impacts on the supply chain.

· Internationally, government policy is most powerful ever seen. For example, USA reduction of 10 per cent per annum. Worldwide some economies are experiencing below 0 interest rates.

· Noted swiftness of changes in the environment and associated responses

· For Australia importing is expensive and exporting is attractive. It is hoped that this will be positive for our economy when things settle.

· When the market experiences fear, investors react by pushing market down.

· When council reviews the funds offer document, the timing of events and risk impact is expected.

· Cash funds always see variability in returns, which is low when held over years (long-term). Expect to see fluctuation around cash rate

· Long term returns considered to remain strong. The policy response will be that most investors who have time will see an ‘okay’ return

· Coronavirus expected impacts medium term:

o Global recession

o Increased transaction fees

o Stock market decline

Attachments

1 ⇩. Investment Report TCorp Strategic Cash Fund March 2020

2 ⇩. Investment Report TCorp Cash Fund March 2020

Council 29 April 2020

Item 13.5

13.5. Certificates of Investment - October to December 2019

This report details Council’s Investments for the month of October, November and December 2019.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position for the month of October, November and December 2019.

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

Executive Summary

All investments have been appropriately recorded in Council’s financial records and reconciled monthly.

Background

Financial and resource considerations

The attached report indicates an investment portfolio for the months of October, November and December 2019. The reason for the combined report and backlog is due to the deployment of finance team resources dedicated to the production of the 2019 Financial Statements followed by the disruption to services as a result of the bushfire emergency.

The invested funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	October 2019	November 2019	December 2019
General Fund	25,259	22,750	18,410
Water Fund	20,507	21,786	21,987
Sewer Fund	36,319	39,647	39,869
TOTAL	82,085	84,183	80,266

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

BVSC’s available cash balances per month were as follows:

Table 2: Cash Balances
October 2019	1,778,032
November 2019	4,537,408
December 2019	3,427,101

The investments are broken up as follows:

Table 3: Investments by TCorp Fund $’000
Fund	October 2019	November 2019	December 2019
TCorp Cash Fund	34,139	36,173	32,203
TCorp Strategic Cash Fund	47,946	48,010	48,063
TOTAL	82,085	84,183	80,266

Legal /Policy

The report must also include a Certificate as to whether the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

Council	29 April 2020
*Item 8.1 - Attachment 1*	Draft DCP Section 5.1 Aboriginal Heritage

Council	29 April 2020
*Item 8.2 - Attachment 1*	Commercial Land Strategy for adoption (tracked changes)

Council	29 April 2020
*Item 8.2 - Attachment 2*	Exhibited Draft Commercial Land Strategy

Council	29 April 2020
*Item 8.2 - Attachment 3*	Summary of submissions to Draft Commercial Land Strategy

Council	29 April 2020
*Item 8.3 - Attachment 1*	Draft Burning Off in Open Areas Policy

Council	29 April 2020
*Item 8.3 - Attachment 2*	Clean Air Procedure

Council	29 April 2020
*Item 10.1 - Attachment 1*	Updated Letter to BVSC-EVIC and Welcome Centre 230320 (002)

Council	29 April 2020
*Item 10.2 - Attachment 1*	Council report dated 22 November 2017 Licence agreement renewals

Council	29 April 2020
*Item 11.1 - Attachment 1*	Diagram of proposed 2 lot subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502

Council	29 April 2020
*Item 11.3 - Attachment 2*	Council report dated 13 March 2019 - Land Divestment Options - Lot 102 DP 1201186 Arthur Kaine Drive, Merimbula

Council	29 April 2020
*Item 11.3 - Attachment 3*	Council report dated 8 May 2019 - Lease to Pambula Merimbula Golf Club

Council	29 April 2020
*Item 11.4 - Attachment 1*	Draft Lease 90 - 94 Gipps Street, Bega

Council	29 April 2020
*Item 11.4 - Attachment 2*	Proposed Layout for 90-94 Gipps St - Lease

Council	29 April 2020
*Item 11.5 - Attachment 1*	Council report dated 13 March 2019 Land Divestment Options - Lot 8 Sec 13 DP 758095 Barragoot Street, Bermagui

Council	29 April 2020
*Item 11.6 - Attachment 1*	ATTACHMENT - Submissions report summary for Eden, Twofold Bay and Towamba River Flood Study final findings

Council	29 April 2020
*Item 11.7 - Attachment 1*	2020.04.29 Attachment LTC 5.1 sapphire coast Bega Valley Car Rally

Council	29 April 2020
*Item 11.7 - Attachment 2*	2020.04.29 LTC Email Notification of change of dates for Bega Valley Rally

Council	29 April 2020
*Item 13.1 - Attachment 1*	National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles

Council	29 April 2020
*Item 13.1 - Attachment 2*	Council Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic

Council	29 April 2020
*Item 13.1 - Attachment 3*	DRAFT Procedure 6.06.1(a) Financial Hardship Assistance - Disaster Pandemic

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

RESOLVED on the motion of Crs Fitzpatrick and Allen

3 Declarations

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

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Confidential Business

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

29 April 2020

Staff Reports –Planning And Environment

29 April 2020

8.1. Amendment to Development Control Plan 2013 - Aboriginal Heritage

Officer’s Recommendation

Attachments

Council

29 April 2020

Staff Reports – Economic Develoment and Business Growth

29 April 2020

Council

29 April 2020

Staff Reports – Infrastructure Waste And Water

29 April 2020

11.4. Staff accommodation in Bega

Officer’s Recommendation

Attachments

Council

29 April 2020

Staff Reports – Governance And Strategy

29 April 2020

Staff Reports – Finance

29 April 2020

Council	29 April 2020
*Item 13.2 - Attachment 1*	Investment Report TCorp Strategic Cash Fund January 2020

Council	29 April 2020
*Item 13.2 - Attachment 2*	Investment Report TCorp Cash Fund January 2020

Council	29 April 2020
*Item 13.3 - Attachment 1*	Investment Report TCorp Strategic Cash Fund February 2020

Council	29 April 2020
*Item 13.3 - Attachment 2*	Investment Report TCorp Cash Fund February 2020

Council	29 April 2020
*Item 13.4 - Attachment 1*	Investment Report TCorp Strategic Cash Fund March 2020

Council	29 April 2020
*Item 13.4 - Attachment 2*	Investment Report TCorp Cash Fund March 2020

Council	29 April 2020
*Item 13.5 - Attachment 1*	Investment Report TCorp Cash Fund October 2019

Council	29 April 2020
*Item 13.5 - Attachment 2*	Investment Report TCorp Strategic Cash Fund October 2019

Council	29 April 2020
*Item 13.5 - Attachment 3*	Investment Report TCorp Cash Fund November 2019

Council	29 April 2020
*Item 13.5 - Attachment 4*	Investment Report TCorp Strategic Cash Fund November 2019